United Kingdom–United States Free Trade Agreement Explained
The United Kingdom–United States Free Trade Agreement (UKUSFTA) is a proposed free trade agreement between the United Kingdom and the United States.[1]
The UK became legally able to independently negotiate trade agreements when it left the European Union from 1 January 2020 due to a transition period which lasted until the UK formally exited the EU.[2] Negotiations opened in May 2020, but have stagnated since 2021 under the Biden Administration which has focused on fixing its domestic economy.[3] [4]
History
UKUSFTA Round of Negotiations Round | Dates | Location | Ref. |
---|
1 | 5–15 May 2020 | Virtual meeting | [5] |
2 | 15–26 June 2020 | Virtual meeting | [6] |
3 | 27 July–7 August 2020 | Virtual meeting | [7] |
4 | 8–18 September 2020 | Virtual meeting | [8] |
5 | 19–30 October 2020 | Virtual meeting | [9] | |
Trump Administration
On 28 February 2019, the United States released its negotiating objectives.[10] The United Kingdom released its objectives on 1 March.[11] The United Kingdom and the United States began negotiations on 5 May 2020, and have had four rounds of negotiations as of September 2020.[12] [13]
In December 2020, the two countries signed an agreement on various goods, continuing trading terms from previous European Union–United States agreements.[14]
Biden Administration
The Biden Administration made it clear that the US would not further talks about a potential FTA, due to British threats against ratifying the Northern Ireland Protocol which would violate international law, with dangerous ramifications that could threaten the Good Friday Agreement.[15] [16] [17] [18] With the administration of President Joe Biden uninterested in further negotiations, the United Kingdom began negotiating economic agreements with individual U.S. states.[19] Regulation of international trade is a federal responsibility under the Commerce Clause of the U.S. Constitution, preventing state agreements from changing customs rules.[20] Therefore, the UK has aimed at signing Memorandum of Understanding (MoU) agreements with numerous states.[21] MoUs aim to remove market access barriers and increase trade and investment opportunities for UK and US companies.[22] Former British trade minister Penny Mordaunt claimed that US state-level deals would pave the way for a full UK-US FTA.[23]
UK–US State Memorandum of Understanding Agreements No. | Signed | State | Ref. |
---|
1 | 27 May 2022 | | |
2 | 20 July 2022 | | [24] |
3 | 7 December 2022 | | [25] |
4 | 18 April 2023 | | [26] |
5 | 22 June 2023 | | [27] |
6 | 25 September 2023 | | [28] |
7 | 14 November 2023 | | [29] [30] |
8 | 13 March 2024 | | [31] [32] | |
Trade negotiations ongoing:[33]
Following President Joe Biden and UK Prime Minister Rishi Sunak's meeting held in Northern Ireland on 12 April 2023, talks of a UK–US free trade agreement were postponed until at the very least 2025.[34]
In June 2023, Biden and Sunak announced the 'Atlantic Declaration' to strengthen economic ties between the UK and the US.[35] The agreement included a limited trade pact covering critical minerals needed for EV batteries, a new data protection deal, and easing other trade barriers.[36] [37] The declaration commits both nations to increase research collaboration in future technologies, such as AI, future 5G and 6G telecoms, quantum, semiconductors and engineering biology.[38] Further, these talks led to a commitment in principle to a new UK–US Data Bridge that facilitates the transfer of data by UK businesses to certified U.S. organizations.[39]
During the signing of the accession of the United Kingdom to CPTPP on the 16th of July 2023, Kemi Badenoch blamed the lack of progress on the UK-US FTA on the change of administration from Donald Trump to Joe Biden after the 2020 election.[40] Badenoch stated that “The US is not carrying out any free trade agreements with any country”.[41]
On 3 October 2023, Biden and Sunak were reported to be preparing a "foundational" trade agreement between the two countries which would be modeled off of the Indo-Pacific Economic Framework. However this agreement will not constitute as a free trade agreement under World Trade Organization rules as the proposals do not contain market access commitments.[42] The proposed partnership aims to cover subjects such as digital trade, labour protections and agriculture.[43] On the same day, Badenoch reiterated that there was "zero" chance of a free trade agreement under President Biden's administration, citing his attitude to such deals.[44] On 18 December 2023, it was announced that all talks for the "foundational trade partnership" had been abandoned.[45]
Chapters
Areas covered in the FTA and contention points:[46]
- Trade in Goods
- Sanitary and Phytosanitary Measures (SPS):
- Customs and Trade Facilitation
- Rules of origin
- Technical Barriers to Trade (TBT)
- Good Regulatory Practices
- Transparency, Publication, and Administrative Measures
- Trade in Services, Including Telecommunications and Financial Services
- Digital Trade in Goods and Services and Cross-Border Data Flows
- Investment
- Intellectual Property
- Procedural Fairness for Pharmaceuticals and Medical Devices
- State-Owned and Controlled Enterprises (SOEs)
- State Subsidies
- Competition Policy
- Labour
- Environment
- Anti-corruption
- Trade Remedies
- Settlement
- General Provisions
- Currency
See also
Notes and References
- Web site: Truss. Eizabeth. 5 May 2020. UK and US start trade negotiations. 25 April 2024. GOV.UK. https://web.archive.org/web/20200505065546/https://www.gov.uk/government/news/uk-and-us-start-trade-negotiations. 5 May 2020. live.
- Web site: Eiser . McEwen . Roy . David . Nicola . Graeme . 7 April 2021 . The Trade Policies of Brexit Britain: the Influence of and Impacts on the Devolved Nations . Brill Publishers. 20 February 2024. https://ifs.org.uk/uploads/publications/comms/r116.pdf. 14 April 2023. dead.
- Web site: Pickard. Jim. 3 May 2020. UK-US trade talks to begin on Tuesday. 25 April 2024. Financial Times. subscription. https://web.archive.org/web/20200504111115/https://www.ft.com/content/a5f8eeb1-2c49-4125-927d-1ff0762dfdb5. 4 May 2020. live.
- Web site: Giordano. Chiara. 21 January 2021. We'll fix US economy before signing trade deals, says Biden's Treasury pick Janet Yellen. The Independent. 26 November 2023. https://web.archive.org/web/20231126160926/https://www.the-independent.com/news/world/americas/us-politics/biden-brexit-us-uk-trade-deal-janet-yellen-b1791012.html. 26 November 2023. live.
- Web site: Truss. Elizabeth. 18 May 2020. Negotiations on the UK's future trading relationship with the US: Update. GOV.UK. 21 April 2024. https://web.archive.org/web/20200518084006/https://www.gov.uk/government/news/negotiations-on-the-uks-future-trading-relationship-with-the-us-update. 18 May 2020. live.
- Web site: Truss. Elizabeth. 30 June 2020. Negotiations on the UK's Future Trading Relationship with the US: Update. UK Parliament. 21 April 2024. https://web.archive.org/web/20201025075951/https://questions-statements.parliament.uk/written-statements/detail/2020-06-30/hcws324. 25 October 2020. live.
- Web site: Truss. Elizabeth. 20 August 2022. Negotiations on the UK's Future Trading Relationship with the US: Update. GOV.UK. 21 April 2024. https://web.archive.org/web/20200819105656/https://www.gov.uk/government/news/negotiations-on-the-uks-future-trading-relationship-with-the-us-update--2. 19 August 2020. live.
- Web site: Truss. Elizabeth. 22 September 2020. Negotiations on the UK's Future Trading Relationship with the US: Update. GOV.UK. 21 April 2024. https://web.archive.org/web/20200922084114/https://www.gov.uk/government/news/negotiations-on-the-uks-future-trading-relationship-with-the-us-update--3. 22 September 2020. live.
- Web site: Truss. Elizabeth. 2 November 2020. Negotiations on the UK's Future Trading Relationship with the US: Update. GOV.UK. 21 April 2024. https://web.archive.org/web/20201102132133/https://www.gov.uk/government/news/negotiations-on-the-uks-future-trading-relationship-with-the-us-update--4. 2 November 2020. live.
- Web site: 2 March 2020. UK publishes negotiating objectives for post-Brexit US trade deal. 25 April 2024. ITV News. https://web.archive.org/web/20200303041549/https://www.itv.com/news/2020-03-02/uk-publishes-negotiating-objectives-for-us-trade-deal/. 3 March 2020. live.
- Web site: 1 March 2019. U.S. Trade Representative Releases Summary of U.S.-UK Trade Agreement Negotiations. 25 April 2024. Thompson Hine. https://web.archive.org/web/20220625045646/https://www.thompsonhinesmartrade.com/2019/03/u-s-trade-representative-releases-summary-of-u-s-uk-trade-agreement-negotiations/. 25 June 2022. live.
- Web site: Lawder. David. Shalal. Andrea. 5 May 2020. U.S., UK launch trade talks, pledge quick deal as virus ravages global economy. live. https://web.archive.org/web/20200505191813/https://mobile.reuters.com/article/amp/idUSKBN22H0E0. 5 May 2020. 25 April 2024. Reuters.
- Web site: Warrington. James. 22 September 2020. Liz Truss hails 'productive' fourth round of UK-US trade talks. live. https://web.archive.org/web/20200505191813/https://mobile.reuters.com/article/amp/idUSKBN22H0E0 . 5 May 2020. 25 April 2024. City A.M..
- Web site: U.S.-UK Trade Agreement Negotiations. Office of the United States Trade Representative. 25 April 2024. https://web.archive.org/web/20190327135536/https://ustr.gov/countries-regions/europe-middle-east/europe/united-kingdom/us-uk-trade-agreement-negotiations. 27 March 2019. live.
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- Web site: Darmanin. Jules. Pogatchnik. Shawn. Casalicchio. Emilio. US reprimands UK over Northern Ireland protocol row. 10 June 2021. 26 April 2024. Politico. en. 10 June 2021. https://web.archive.org/web/20210610094718/https://www.politico.eu/article/uk-brexit-northern-ireland-protocol-david-frost-united-states-reprimands/. live.
- Web site: Landow. Charles. McBride. James. Moving Past the Troubles: The Future of Northern Ireland Peace . 16 February 2024. 25 April 2024. Council on Foreign Relations. en. 24 April 2024. https://web.archive.org/web/20240424113527/https://www.cfr.org/backgrounder/moving-past-troubles-future-northern-ireland-peace. live.
- Web site: Bromund. Ted R.. Free Trade Between U.S., U.K. Is Step Closer . The Heritage Foundation. en. 26 April 2024. https://web.archive.org/web/20220628143430/https://www.heritage.org/trade/commentary/free-trade-between-us-uk-step-closer. 28 June 2022. live.
- Web site: Pickard. Jim. Williams. Aime. UK has no plans to strike US trade deal during Rishi Sunak visit to Washington. 30 May 2023. Financial Times. 26 April 2024. subscription. https://web.archive.org/web/20230530231734/https://www.ft.com/content/1fd173a6-8718-4798-b692-685801ec1604. 30 May 2023. live.
- Web site: ArtI.S8.C3.8.1 Overview of Foreign Commerce Clause. 26 April 2024. Constituion Annotated. en. 2 May 2023. https://web.archive.org/web/20230502220251/https://constitution.congress.gov/browse/essay/artI-S8-C3-8-1/ALDE_00001057/. live.
- Web site: Nevett. Joshua. Brexit: UK signs first US state-level trade agreement with Indiana. 10 June 2021. 26 April 2024. BBC News. en. 27 May 2022. https://web.archive.org/web/20220527102118/https://www.bbc.com/news/uk-politics-61604784. live.
- Web site: Shalal. Andrea. Britain Eyes Trade Agreements With California, Utah. 9 December 2022. 26 April 2024. US News. en. 10 December 2022. https://web.archive.org/web/20221210072121/https://www.usnews.com/news/top-news/articles/2022-12-09/britain-eyes-trade-agreements-with-california-utah. live.
- Web site: Harper. Jo. UK-US: What's happened to their free trade deal?. 7 July 2023. 26 April 2024. Deutsche Welle. https://web.archive.org/web/20230707163046/https://www.dw.com/en/uk-us-whats-happened-to-their-free-trade-deal/a-66122162. 7 July 2023. live.
- Web site: Mordaunt. Penny. UK signs second state-level agreement with North Carolina. 20 July 2022. GOV.UK. 26 April 2024. https://web.archive.org/web/20220720150152/https://www.gov.uk/government/news/uk-signs-second-state-level-agreement-with-north-carolina. 20 July 2022. live.
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- Web site: Badenoch. Kemi. UK and Florida sign pact to boost trade. 15 November 2023. GOV.UK. 15 November 2023. 14 November 2023. https://web.archive.org/web/20231114173527/https://www.gov.uk/government/news/uk-and-florida-sign-pact-to-boost-trade. live.
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- Web site: UK signs trade pact with second biggest US state – Texas. 13 March 2024. GOV.UK. 13 March 2024. https://web.archive.org/web/20240313091532/https://www.gov.uk/government/news/uk-signs-trade-pact-with-second-biggest-us-state-texas. 13 March 2024. live.
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