ITIF-美国参与亚太地区数字贸易和经济问题的选择（英）-2022.2-16页_207kb

U.S. Options to Engage on Digital Trade and Economic Issues in the Asia-Pacific

Core Content

The U.S. faces a critical decision in the Asia-Pacific region: whether to become a rule maker or rule taker in shaping digital trade and economic policy. The region is vital to U.S. economic, security, and political interests, and digital trade agreements are essential for fostering growth, reducing geographic barriers, and ensuring fair access for U.S. firms and workers.

Digital trade agreements are not a "race to the bottom," but rather a way to align regulations and create enforceable rules on data flows, digital services, and other key economic issues. The U.S. has the opportunity to re-engage with like-minded partners such as Australia, Chile, New Zealand, Singapore, and South Korea, who are actively pursuing digital trade agreements among themselves and with China through the RCEP.

Main Views

• The U.S. must act decisively to shape digital trade rules in the Asia-Pacific, as its absence allows other countries to move ahead.
• Comprehensive regional agreements are the most impactful, but they are unlikely due to political resistance.
• Regional digital economy agreements are a viable and valuable option, offering binding rules on data flows and other digital issues while building on existing frameworks like USMCA.
• Bilateral agreements are possible but less consequential and may not address the broader strategic goals of the U.S.
• The Indo-Pacific Economic Framework (IPEF) is a long-term initiative with unclear legal structure and potential lack of binding commitments.
• APEC remains a useful platform for long-term consensus-building, but its slow and non-binding nature limits its effectiveness.
• Bilateral Trade and Investment Frameworks (TIFAs) are tactically useful but not a substitute for stronger, regional digital trade rules.

Key Information

First-Tier Options

• Comprehensive Regional Trade Agreement: Would cover all trade issues, including digital, and offer the most significant economic impact. However, it is unlikely and slow to implement.
• Rejoining the CPTPP: A potential path for the U.S. to re-engage, but faces political challenges. CPTPP is seen as the benchmark for genuine trade engagement.
• Regional Digital Economy Agreement: Could be modeled after USMCA and include binding data flow rules. It is seen as a viable and valuable option with broad congressional support.

Second-Tier Options

• Bilateral Digital Trade Agreements: Possible but less impactful. They may lack enforceable mechanisms and are not as strategic as regional agreements.
• Indo-Pacific Economic Framework (IPEF): Not a formal trade agreement, but an initiative focused on digital, supply chain, and economic cooperation. Its effectiveness is uncertain due to the lack of binding rules and unclear legal structure.
• Reforming APEC: A long-term strategy to build consensus on digital trade and data policies. APEC provides a platform for information sharing and policy dialogue, but its non-binding nature is a limitation.

Third-Tier Option

• Bilateral Trade and Investment Frameworks (TIFAs): Useful for addressing specific trade barriers and encouraging policy reforms, but lack strategic depth and binding commitments.

Conclusion for the Administration

• The U.S. must prioritize binding digital trade rules in any engagement strategy, as they are essential for meaningful economic impact and policy durability.
• Congress must have a clear role in oversight and input, especially with the current absence of Trade Promotion Authority (TPA).
• The Biden administration should focus on regional initiatives that include binding commitments, rather than relying on TIFAs or IPEF, which may not be sufficient to counter digital protectionism and authoritarianism.

Recommendations

• The administration should consider rejoining CPTPP or launching a new Asia-Pacific Digital Trade Agreement.
• It should explore collaboration with DEPA members (Chile, New Zealand, Singapore) to build a strong regional framework.
• A new mechanism for congressional oversight should be developed to ensure transparency and accountability in digital trade agreements.
• The U.S. should reform APEC to make it more effective in promoting open digital trade and data policies.