ITA Helps Ensure a Level Playing Field for Information and Communication Technology Services in Japan
May 31, 2013
(ITA)
The Department of Commerce’s International Trade Administration (ITA) helped
U.S. ICT services firms compete on equal footing in the $56 billion Japanese ICT
market. ITA ensured that these firms were provided opportunities to comment on
the development of new Japanese ICT requirements, especially in the area of
cloud computing.
Why it Matters
Japan’s $56 billion ICT services market is one of the most important for U.S.
exporters of ICT services. Recently agreed upon U.S.-Japan trade principles are
expected to help U.S. ICT services firms avoid non-tariff barriers in Japan. In
addition, the U.S. Government intends to promote wide adoption of these
principles by other countries to support the global development of ICT services,
and thereby benefit U.S. exporters.
The Problem
The American Chamber of Commerce in Japan expressed concerns to the U.S.
Department of Commerce and the Office of the U.S. Trade Representative (USTR)
that Japan could potentially formulate new rules or amend existing rules
affecting the evolving ICT field of cloud computing and that all interested
parties may not be afforded non- discriminatory opportunities to comment on the
development of the new requirements. Such discrimination could have implications
under the World Trade Organization (WTO) Technical Barriers to Trade Agreement,
the WTO Agreement on Government Procurement, and the WTO Agreement on Trade in
Services and could impede or delay the export of innovative U.S. ICT services to
Japan.
The Solution
The Department of Commerce, working closely with USTR, in January 2012, helped
produce a set of trade-related principles jointly with the Government of Japan
called the United States-Japan Trade Principles for Information and
Communication Technology Services. Among the most important of the
jointly-agreed principles is that both governments will undertake to ensure all
laws, regulations, procedures, and administrative rulings of general application
affecting ICT and trade in ICT services are published or otherwise made publicly
available, and if possible subject to comment procedures. While the principles
do not create any legally binding obligations, both governments intend to
promote the implementation of these principles within their bilateral economic
relationship and in their trade negotiations with third countries. The
principles are expected to help U.S. companies, which are leaders in the field
of ICT services, to compete on a level playing field with their foreign rivals.
Working closely with U.S. companies, ITA creates, expands, and defends market
access for U.S. goods and services overseas. “We promote policy that develops a
more favorable business climate for U.S. companies in global markets; we employ
commercial diplomacy to resolve trade barriers; and we leverage our bilateral
and multilateral trade agreements to ensure our trading partners live up to
their commitments so that our businesses can compete on a level-playing field.”
- Assistant Secretary for Market Access and Compliance, Michael C. Camuñez.
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