[A2k] Kirk response to Trans Pacific Partnership Transparency Letter

Sean Flynn sflynn at wcl.american.edu
Wed May 9 11:53:36 PDT 2012

Please find the enclosed response from Ambassador Kirk to the academics
letter on TPP transparency. 


Note that Ambassador Kirk makes reference to TPP being more transparent
and participatory than "any FTA previously," whereas the letter makes
comparisons to different, and far more open, processes - at WIPO, at the
WTO and in domestic legislatures. 


The difference is important. FTAs are indeed even more secretive than
TPP (or ACTA). The justification for that secrecy was traditionally that
their subjects were about the horse trading of tariff schedules rather
than the setting of domestic legislative standards. The setting of
domestic legislative standards should be subject to far more open and
transparent processes than that for bilateral trade agreements. 


Sean Flynn

Professorial Lecturer and Associate Director

Program on Information Justice and Intellectual Property

American University Washington College of Law









From: Kirk, Ronald [mailto:Ronald_Kirk at ustr.eop.gov] 
Sent: Wednesday, May 09, 2012 12:12 PM
To: Stephanie Duchesneau
Cc: Reif, Timothy M.; Marantis, Demetrios J.; Garcia, Lisa A.; Turner,
Christine; Guthrie, Carol J.
Subject: RE: Trans Pacific Partnership Transparency Letter


Mr. Flynn - I look forward to reviewing your letter, and will provide a
more detailed response later.   In the interim, you may be surprised to
know that USTR has conducted the most, active outreach to all
stakeholders relative to the TPP than in any FTA previously, including,
the proposed disciplines on intellectual property. 


I do not quarrel with any assertions that our work may not reflect the
exact wishes of your colleagues, but, I am strongly offended by the
assertion that our process has been non-transparent and lacked public
participation.   USTR has conducted in excess of 400 consultations with
Congressional and private stakeholders on the TPP, including inviting
stakeholders to all of the twelve negotiating rounds.


I trust that after you have received my more formal response you will
make every effort to educate your colleagues as to the extraordinary
efforts our staff has engaged in relative to drafting our proposed texts
for the TPP.



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