Addressing Trade Agreement Violations and Abuses

Executive Order 13796 of April 29, 2017

Addressing Trade Agreement Violations and Abuses

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:

Section 1. Policy. Every trade agreement and investment
agreement entered into by the United States, and all
trade relations and trade preference programs of the
United States, should enhance our economic growth,
contribute favorably to our balance of trade, and
strengthen the American manufacturing base. Many United
States free trade agreements, investment agreements,
and trade relations have failed, in whole or in part,
to meet these criteria. The result has been large and
persistent trade deficits, a lack of reciprocal
treatment of American goods and investment, the
offshoring of factories and jobs, the loss of American
intellectual property and reduced technological
innovation, downward pressure on wage and income
growth, and an impaired tax base. It is the policy of
the United States to negotiate new trade agreements,
investment agreements, and trade relations that benefit
American workers and domestic manufacturers, farmers,
and ranchers; protect our intellectual property; and
encourage domestic research and development. It is also
the policy of the United States to renegotiate or
terminate any existing trade agreement, investment
agreement, or trade relation that, on net, harms the
United States economy, United States businesses, United
States intellectual property rights and innovation
rate, or the American people.

Sec. 2. Conduct Performance Reviews. The Secretary of
Commerce and the United States Trade Representative
(USTR), in consultation with the Secretary of State,
the Secretary of the Treasury, the Attorney General,
and the Director of the Office of Trade and
Manufacturing Policy, shall conduct comprehensive
performance reviews of:

    (a) all bilateral, plurilateral, and multilateral
trade agreements and investment agreements to which the
United States is a party; and
    (b) all trade relations with countries governed by
the rules of the World Trade Organization (WTO) with
which the United States does not have free trade
agreements but with which the United States runs
significant trade deficits in goods.

Sec. 3. Report of Violations and Abuses. (a) Each
performance review shall be submitted to the President
by the Secretary of Commerce and the USTR within 180
days of the date of this order and shall identify:

(i) those violations or abuses of any United States trade agreement,
investment agreement, WTO rule governing any trade relation under the WTO,
or trade preference program that are harming American workers or domestic
manufacturers, farmers, or ranchers; harming our intellectual property
rights; reducing our rate of innovation; or impairing domestic research and
development;

(ii) unfair treatment by trade and investment partners that is harming
American workers or domestic manufacturers, farmers, or ranchers; harming
our intellectual property rights; reducing our rate of innovation; or
impairing domestic research and development;

(iii) instances where a trade agreement, investment agreement, trade
relation, or trade preference program has failed with regard to such
factors as predicted new jobs created, favorable effects on the trade
balance,

expanded market access, lowered trade barriers, or increased United States
exports; and

(iv) lawful and appropriate actions to remedy or correct deficiencies
identified pursuant to subsections (a)(i) through (a)(iii) of this section.

    (b) The findings of the performance reviews
required by this order shall help guide United States
trade policy and trade negotiations.

Sec. 4. Remedy of Trade Violations and Abuses. The
Secretary of Commerce, the USTR, and other heads of
executive departments and agencies, as appropriate,
shall take every appropriate and lawful action to
address violations of trade law, abuses of trade law,
or instances of unfair treatment.

Sec. 5. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.

    (b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
    (c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.

    (Presidential Sig.)

THE WHITE HOUSE,

    April 29, 2017.