ExecutiveOrdersEO
EO 13116Executive OrderClinton · D

Executive Order 13116

Identification of Trade Expansion Priorities and Discriminatory Procurement Practices

This executive order directs the U.S. Trade Representative to annually identify foreign trade barriers and discriminatory government procurement practices that harm U.S. exporters, report them to Congress, seek resolution with foreign governments, and initiate Section 301 trade investigations within 90 days if disputes remain unresolved. The order applies to reports for 1999, 2000, and 2001, covering both general trade expansion priorities and specific violations of procurement agreements like the WTO GPA and NAFTA Chapter 10.

Federal Register Open PDF 64 FR 16333

Impact dates

  1. Investigations initiated for priority foreign country practices (within 90 days of report submission)

  2. Investigations initiated for discriminatory procurement practices (within 90 days of report submission)

  3. First trade expansion priorities report due (within 30 days of 1999 NTE Report submission)

  4. First discriminatory procurement report due (within 30 days of 1999 NTE Report submission)

Key directives

  • USTR shall review trade expansion priorities and identify priority foreign country practices within 30 days of NTE Report submission for 1999, 2000, and 2001
  • USTR shall submit reports to Congress and publish in Federal Register
  • USTR shall engage identified countries to seek resolution of priority practices
  • USTR shall initiate Section 301 investigations within 90 days of report submission unless satisfactory resolution achieved
  • USTR shall report on foreign discrimination against U.S. products/services in government procurement
  • USTR shall identify countries not complying with GPA, NAFTA, or other procurement agreements
  • USTR shall identify countries with significant persistent discrimination in government procurement harming U.S. businesses
  • USTR shall consider specified factors including sole-sourcing, contract splitting, inadequate bid time, and limiting specifications
  • For non-GPA/NAFTA investigations, apply Section 304(a)(3) time limits with possible extensions under specified conditions

Who is ordered

Timeline

Immediate

  • USTR to begin preparing for first annual report due after 1999 National Trade Estimate Report submission

Near term (90d)

  • First reports due within 30 days of NTE submission (exact date depends on NTE schedule)
  • Investigations to be initiated within 90 days of report submission if no resolution achieved

Long term

  • Annual reporting cycle for 1999, 2000, and 2001
  • Potential trade investigations and retaliatory measures
  • Negotiation of compensatory trade benefits or elimination of discriminatory practices

Risks & tensions

  • Exact calendar dates unknown because NTE Report submission dates not specified in EO text; all deadlines are relative to that unspecified event
  • Potential for trade retaliation and foreign government pushback if investigations lead to sanctions
  • Risk of diplomatic friction with trading partners identified as discriminatory
  • Tension between aggressive enforcement and maintaining cooperative trade relationships
  • USTR discretion to determine 'satisfactory resolution' provides significant wiggle room that may delay or avoid investigations
  • Limited to three-year reporting cycle (1999-2001), suggesting sunsetting or intended revision
Executive Order 13116: Identification of Trade Expansion Priorities and Discriminatory Procurement Practices · Executive Orders