ExecutiveOrdersEO
EO 13796Executive OrderTrump 45 · R

Executive Order 13796

Addressing Trade Agreement Violations and Abuses

This executive order directs comprehensive performance reviews of all U.S. trade and investment agreements, plus WTO trade relations with countries where the U.S. has significant goods deficits. The reviews must identify violations, abuses, unfair treatment, and failures to meet economic goals, with a report due in 180 days to guide potential renegotiation or termination of agreements deemed harmful to American workers, manufacturers, and intellectual property.

Federal Register Open PDF 82 FR 20819

Impact dates

  1. Performance reviews submitted to President identifying violations, abuses, unfair treatment, agreement failures, and remedial actions

Key directives

  • Commerce and USTR, consulting with State, Treasury, AG, and Office of Trade and Manufacturing Policy director, shall conduct comprehensive performance reviews of all bilateral, plurilateral, and multilateral trade and investment agreements
  • Reviews must cover WTO trade relations with non-FTA countries where U.S. runs significant goods deficits
  • Report due within 180 days identifying violations/abuses of trade agreements, WTO rules, and trade preference programs
  • Report must identify unfair treatment by partners and instances where agreements failed on jobs, trade balance, market access, barriers, or exports
  • Report must specify lawful and appropriate remedial actions
  • Findings shall guide U.S. trade policy and negotiations
  • Commerce, USTR, and other agency heads shall take every appropriate and lawful action to address violations, abuses, and unfair treatment

Who is ordered

Timeline

Immediate

  • Policy statement establishing preference for renegotiating or terminating harmful agreements

Near term (90d)

  • Commerce and USTR begin comprehensive performance reviews with interagency consultation

Long term

  • 180-day report submission; potential renegotiation or termination actions based on findings; ongoing guidance of U.S. trade policy and negotiations

Risks & tensions

  • Broad mandate to review 'all' agreements and WTO relations creates significant analytical burden with unclear resource allocation
  • Criteria for 'significant trade deficits' and 'failed' agreements are undefined, leaving room for subjective determinations
  • Policy to 'terminate' agreements conflicts with international legal obligations and may trigger retaliation; text does not specify process for termination
  • Direction to take 'every appropriate and lawful action' is vague on specific mechanisms beyond the report
  • Office of Trade and Manufacturing Policy was newly created and its director's role in interagency process was untested at time of signing
Executive Order 13796: Addressing Trade Agreement Violations and Abuses · Executive Orders