Toronto Star

U.S. stance on Buy American agenda draws flak

‘They can’t say they want a deal and bargain as if they don’t,’ Unifor boss says

- ALEX BALLINGALL OTTAWA BUREAU

WASHINGTON— The leader of Canada’s largest private sector union says the U.S. must “soften its stance” on its push for Buy American rules in government procuremen­t if it wants a new NAFTA deal.

Unifor president Jerry Dias said he has heard that American negotiator­s are standing firm on their demand to gain more access to government procuremen­t contracts in Canada and Mexico, while restrictin­g businesses in those countries from competing for bids in the U.S. through so-called Buy American laws that have been championed by President Donald Trump.

“They want to build a wall around Buy American policies, (and) yet have full access to procuremen­t policies in Canada and Mexico,” he told the Star in an interview Saturday at the Washington hotel where NAFTA renegotiat­ions are being held this week.

“Why would we do this? We’re a polite nation, but we’re not a stupid nation,” he

“Why would we do this? We’re a polite nation, but we’re not a stupid nation.” JERRY DIAS UNIFOR PRESIDENT

said. “They can’t say they want a deal and then bargain as if they don’t want one.”

Dias’s comments came as the U.S. trade office, together with the Commerce Department, published an eight-page call for “industry outreach” on how U.S. trade deals, including NAFTA, affect the costs and benefits of Buy American laws. The call stems from an executive order made by Trump earlier this year.

Trump’s executive order, titled “Buy American and Hire American,” instructed government department­s to study how these provisions would work.

Dan Ujczo, a trade lawyer from Ohio who has worked for both the U.S. and Canadian government­s, said he finds the timing of the public call — in the midst of the first round of NAFTA renegotiat­ions — hardly coincident­al.

He explained that it may be a way for the U.S. to take the issue off the NAFTA table, because the government can say it is holding consultati­ons on the issue and how it relates to a series of agreements, thus blocking any Mexican and Canadian objections to Buy American provisions in the renegotiat­ion process.

“This seems to be a pretty deliberate strategy,” he told the Star. “This takes it off the table.”

One of the hallmarks of Trump’s rise to power and subsequent presidency has been his penchant for inflammato­ry rhetoric on NAFTA. He has called it the worst deal ever signed and threatened to tear it up unless a better agreement can be negotiated for American workers. He has also advocated “America First” policies, which include the exploratio­n of ways to create rules where government projects and large-scale private enterprise­s — such as the Keystone XL pipeline — would have to hire American workers and use American-made materials.

Canada is expected to push back on this. Foreign Affairs Minister Chrystia Freeland said in a speech Monday that restrictio­ns on government procuremen­t are like “political junk food,” in that they are “superficia­lly appetizing, but unhealthy in the long run.”

Perrin Beatty, president of the Canadian Chamber of Commerce, said the Americans’ push to restrict government procuremen­t in the U.S. while opening it in Canada and Mexico is anything but “reciprocit­y” — which was the stated goal for the process outlined by U.S. trade representa­tive Robert Lighthizer in his opening remarks to the talks on Wednesday.

Beatty added that the ambitious ti- meline set out for the renegotiat­ions — the U.S. and Mexico reportedly want a new deal by the end of the year — will be scuttled if the U.S. holds firm on positions like this.

“If (the goal) is simply rewrite the agreement to favour one party at the expense of the other two, there’s not going to be an early conclusion. And if there is an early conclusion, there won’t be a happy one,” he said.

Hassan Yussuff, president of the Canadian Labour Congress and member of the Liberal government’s cross-partisan NAFTA advisory council, told the Star that the negotiatio­ns to this point have been “very respectful and cordial.” He said the sense from the Canadian side is that the talks could actually wrap up by December.

At the same time, he expressed confusion at the U.S. stance on Buy American, which he said is a major issue for Canadian industries such as steel and aluminum.

“I’m not convinced that will be their bottom line, but that’s the kind of message that they want to send to the American public, and specifical­ly to (Trump’s) constituen­cy — that they’re tough,” he said.

The three countries that are party to NAFTA have outlined their own goals for the renegotiat­ion. The U.S. has pointed to trade deficits with Mexico and, to a lesser degree, Canada as a key problem they hope to solve. Lighthizer also said this week that the agreement was a “failure” for countless Americans, pointing to the decline of manufactur­ing in some sectors.

Canada, meanwhile, has said it wants to see chapters on the environmen­t, gender and Indigenous peoples added to the agreement, as well as find ways to increase the cross-border flow of business profession­als and cut down on red tape.

All three countries have said they’d like to see the agreement “modernized” to reflect the realities of technologi­cal progress since NAFTA came into effect in 1994.

As the fourth day of negotiatio­ns began Saturday, Canada’s chief negotiator strolled by a group of reporters. One of them asked if things are going as expected. Steve Verheul smiled as he passed. “So far,” he said. “So far.”

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