ATLANTA—The U.S. and 11 countries around the Pacific were in the
home stretch Sunday on talks to complete a sweeping trade agreement
that would lower barriers to goods and services and set commercial
rules of the road for two-fifths of the world's economy.
Resolving final differences in the pact will set the stage for
debates within national legislatures, with the U.S. Congress likely
posing the biggest challenge. President Barack Obama will have to
allay unease over the Trans-Pacific Partnership within both parties
in the midst of a heated presidential campaign. Under existing
rules, the deal couldn't go to a vote before Congress until early
next year.
The trade deal has been in the works since 2008 but has been
stymied by disputes over sensitive industries, and observers
cautioned that while an agreement is close, it could be delayed as
negotiators try to iron out objections from a small number of
countries.
After the U.S. and Australia reached a tentative accord on
perhaps the most difficult dispute in the talks—the length of
intellectual-property protection afforded to biologic drugs—many
officials expected further progress would quickly follow on the
remaining issues, including dairy products, New Zealand's biggest
export. But Chile and Peru remain concerned about the complicated
biologic drugs deal, and other issues also haven't been put to bed,
according to people following the talks.
"It's not done yet, but we've obviously largely completed with
the Americans," said Australian Trade Minister Andrew Robb, adding
that there are 10 other countries in the talks with their own
issues.
The result: Officials were still negotiating in Atlanta on
Sunday evening, the fifth day of talks, although the U.S. remains
optimistic a deal could be reached. Some ministers need approval
from top-level government officials back home to close a deal, a
step likely to delay any announcement.
A third dispute—about rules for automobile assembly—is
essentially resolved, according to officials and people following
the talks.
U.S. officials expressed optimism Sunday that representatives
from the 12 countries—which don't include China—could close the
remaining gaps and reach some sort of agreement before leaving
Atlanta. Japanese Economy Minister Akira Amari is set to leave the
talks Monday.
"My sense is there will be a close today," Tami Overby, senior
vice president for Asia at the U.S. Chamber of Commerce, said
Sunday. "I don't think it's going to be a perfect deal, but I hope
it's going to be a very good deal," she said, adding the details
would have to be analyzed with members.
While officials said the U.S. and Australia have all but
eliminated their differences on the drug spat, Chile, Peru and
other countries remained concerned about adding to the price of
drugs through long exclusivity periods that slow generic
imitations. A pathway to settle the medicine dispute could allow
New Zealand and the U.S. to work out differences over dairy, New
Zealand's No. 1 export.
Canada and Japan are expected to increase access to their
tightly controlled dairy markets, but New Zealand wants the U.S. to
provide significant access, too. Sen. Ron Wyden (D., Ore.) and Rep.
Paul Ryan (R., Wis.), two key lawmakers overseeing trade policy,
have insisted that dairy producers in their states gain more access
to Canadian consumers. U.S. lawmakers don't want to make it too
easy for New Zealand to sell more dairy products in the U.S.
because it could threaten less-competitive U.S. dairy farms.
An agreement would be a major victory for Mr. Obama, who has
pointed to the TPP as part of his administration's rebalancing of
foreign policy toward fast-growing economies in Asia, though the
president still faces a steep challenge in the months ahead to win
approval for the deal in a deeply divided Congress. A handful of
Democrats support Mr. Obama's trade policy, and Republican support
is unpredictable in the 2016 election year, depending on the stance
of presidential candidates and new leadership in the House.
Legislation designed to expedite passage of the agreement
through Congress passed narrowly this summer, and a variety of
factors, including the presidential campaign, could make the final
deal a hard sell.
The odds of passage will hinge in large part on the final
language in a number of provisions, ranging from the strengthening
of rights for labor unions to whether U.S. cigarette companies will
face legal restrictions within TPP countries.
"If a final agreement is announced, I will carefully scrutinize
it to see whether my concerns about rushing into a deal before
meeting all U.S. objectives are justified," Sen. Orrin Hatch (R.,
Utah), chairman of the Senate Finance Committee, said in a
statement on Sunday.
U.S. labor unions and their allies among consumer and
environmental groups are among the biggest critics of the TPP. The
left-wing opposition has prevented Mr. Obama from getting many
fellow Democrats—already skeptical the deal will help workers—to
support his trade policy.
An array of Republican lawmakers object to provisions that would
strengthen the say of labor groups, impinge on the ability of
tobacco companies to fight against packaging and other laws
overseas, and possibly harm local industries, from dairy to
sugar.
Commercial regulations in the pact—including
intellectual-property rules and arbitration that lets investors
challenge governments—are meant to put pressure on China and other
developing countries with looser standards for trade and
investment.
Mr. Obama spoke with Australian Prime Minister Malcolm Turnbull
on Thursday about the trade deal, and foreign diplomats say senior
U.S. officials have pressed their counterparts abroad in an effort
to win support among the 12-nation group for rules that would
provide a long-term period of exclusivity for biologic drugs,
protecting the name-brand products against generic imitators.
The U.S. has been pushing for up to 12 years of exclusivity for
biologics, while Australia wanted five years of protection, plus
another year while regulatory steps are completed. Officials in
Atlanta were discussing a complicated compromise that would provide
eight years of exclusivity for biologics in some circumstances,
according to people following the negotiations.
Dozens of protesters descended on downtown Atlanta during the
talks, including a cancer patient who said she has taken three
biologic drugs and wants less exclusivity for major drug makers so
she can have access to cheaper generic alternatives. The protester
was arrested and charged with trespassing after she declined to
leave the Westin Peachtree Plaza hotel, where the talks are being
held.
On Sunday, protesters screaming "stop TPP" burst into the hotel
again, unveiling a sign in the lobby before security removed them.
Minutes later, protesters on an upper floor dropped leaflets
calling the TPP a "corporate power tool" into the lobby.
Write to William Mauldin at william.mauldin@wsj.com
Subscribe to WSJ: http://online.wsj.com?mod=djnwires
(END) Dow Jones Newswires
October 04, 2015 20:55 ET (00:55 GMT)
Copyright (c) 2015 Dow Jones & Company, Inc.