U.S. Trade Representative
Although there was speculation that Kirk would be appointed
Secretary of Transportation by
President Barack Obama, he was given the position of Trade Representative.
Nomination As a supporter of the
North American Free Trade Agreement (NAFTA), his selection drew criticism from opponents of free trade policies. His nomination ran into further controversy when it was revealed that he owed $9,975 in back taxes. As compensation for speeches he gave from 2004 to the present, he had $37,750 of payments made directly to a scholarship fund at Austin College. Kirk should have included the $37,750 payments with his gross income and then claimed a
charitable deduction for the same amount. Kirk was formally sworn in by
Vice President Joe Biden on March 20, 2009.
Work as U.S. Trade Representative As the U.S. Trade Representative, Kirk received the formal title of Ambassador and was a member of the
President's Cabinet. Much of his work, at least as publicly reported, focuses on issues relating to the development and enforcement of
intellectual property law in the United States and abroad, especially as they relate to trade policy. This work includes the
Anti-Counterfeiting Trade Agreement (ACTA) and
Trans-Pacific Partnership (TPP) treaties.
China Kirk has repeatedly raised concerns of American businesses that China is not properly enforcing intellectual property rights of American companies doing business there. It has been alleged that the Chinese government takes IT secrets of international companies operating there and passes them on to local companies to boost their competitiveness Kirk has also been critical of China's internet censorship policies, and he is reported to be considering whether to challenge such censorship regulations in the
WTO as an unfair barrier to trade; it would be the first case of its kind.
ACTA in South Korea . Kirk has been cited as the U.S. agent who convinced South Korea to adopt and enforce an early draft of the secretly negotiated
Anti-Counterfeiting Trade Agreement (ACTA). The impacts in South Korea have been dramatic; tens of thousands of citizens have had their websites taken off of the Internet because of copyright infringement.
Trans-Pacific Partnership In May 2012, a group of 30 legal scholars, critical of the USTR's "biased and closed"
Trans-Pacific Partnership (TPP) treaty negotiation process and proposed
intellectual property-related provisions, publicly called upon Kirk to uphold democratic ideals by reversing the "dialing back" of stakeholder participation and to release negotiating texts for public scrutiny. The law professors claimed that leaked documents show that the USTR is "pushing numerous standards that [...] could require changes in current U.S. statutory law" and that the proposal is "manifestly unbalanced—it predominantly proposes increases in proprietor rights, with no effort to expand the limitations and exceptions to such rights that are needed in the U.S. and abroad to serve the public interest". The group claimed that the negotiations excluded stakeholders such as "consumers, libraries, students, health advocacy or patient groups, or others users of intellectual property" and that it only offered "minimal representation of other affected businesses, such as generic drug manufacturers or Internet service providers". Kirk initially responded that he was "strongly offended by the assertion that our process has been non-transparent and lacked public participation" and that it was actually far more transparent than the negotiations for prior
free trade agreements. This prompted further criticism from the academic group that free-trade agreement negotiations, notorious for their secrecy, are "the wrong standard for assessing the legitimacy of the TPP intellectual property chapter negotiations. This is because the IP chapter in the TPP, like ACTA, is not a trade agreement. It does not adjust tariffs and quotas—it sets new international limits on domestic regulation, regardless of whether such regulation discriminates against, or even affects, trade". Another accused Kirk of sidestepping the issue of transparency, and pointed out that transparency is less about the degree of public input, and more about "the flow of information the other way—information about the workings of government being visible to the people it is supposed to represent". In a subsequent interview with Reuters, Kirk defended the secrecy, saying he believes the USTR has conducted "the most engaged and transparent process as we possibly could", but that "some measure of discretion and confidentiality" are needed "to preserve negotiating strength and to encourage our partners to be willing to put issues on the table they may not otherwise". He dismissed the "tension" as natural and noted that when the
Free Trade Area of the Americas drafts were released, negotiators were subsequently unable to reach a final agreement. ==See also==