ARTICLE
27 August 2015

Will China's Currency Devaluation Complicate The Trans-Pacific Partnership?

FL
Foley & Lardner

Contributor

Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges. We work hard to understand our clients’ issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Our clients view us as trusted business advisors because we understand that great legal service is only valuable if it is relevant, practical and beneficial to their businesses.
As trade ministers from 12 Pacific Rim countries continue to negotiate the TPP deal, China's recent currency devaluation has sparked a debate over the inclusion of currency manipulation controls in global trade agreements.
Worldwide International Law

As trade ministers from 12 Pacific Rim countries continue to negotiate the Trans-Pacific Partnership (TPP) deal, China's recent currency devaluation has sparked a debate over the inclusion of currency manipulation controls in global trade agreements. China is not currently part of the TPP, however, the agreement includes a mechanism for allowing other countries, including China, to join the agreement in the future.

Opponents of the TPP are citing China's currency devaluation as one more reason to oppose the deal and are urging the Obama administration to insist on adding currency rules to the TPP. Labor unions, which have been pressuring congressional Democrats to oppose the deal over worker protection issues, have raised alarms about the impact on American jobs and workers. According to AFL-CIO president Richard Trumka, "China's currency manipulation lowers the wages of Chinese workers and lowers manufacturing costs in China, creating an unfair trade advantage that has already cost millions of American jobs and closed thousands of American factories."

Vietnam's subsequent move to devalue its currency in response to China's actions further sparked vigorous rhetoric over the lack of currency manipulation controls in the TPP negotiations. Vietnam is one of the 12 countries participating in the TPP. Rep. Rosa DeLauro (D-CT), who is campaigning against the TPP, said of Vietnam's actions, "we will see time and again what we have seen over the past nine days: that when one country devalues its currency, it causes a domino effect throughout the region and American workers suffer the consequences."

Members of Congress on both sides of the aisle have expressed concerns over currency manipulation in relation to the TPP. To address the issue, lawmakers included bipartisan language in the underlying Trade Priorities and Accountability Act (TPA) (PL 114-26) to elevate currency practices to a principal negotiation objective for the TPP. The TPA also calls for enhanced transparency, disclosure, reporting, monitoring, cooperative mechanisms, and enforceable rules for unfair currency practices in the TPP.

With members of Congress – especially moderate Democrats – already under pressure from labor unions to oppose the final trade agreement, it remains unclear whether the currency devaluation issue will cause a significant number of lawmakers to oppose the TPP if it does not contain strong provisions to prevent currency manipulation. Congress will need to approve the final agreement, and losing any of the 28 House Democrats who supported the underlying TPA legislation could spell trouble for the Obama administration.

What is TPP?

The Trans-Pacific Partnership (TPP) will govern foreign exports, imports, and investment implicating several major sectors of the U.S. economy, including manufacturing, intellectual property, textiles and apparel, telecommunications, agriculture and others. It will also cover labor, employment, and environmental issues. The TPP will initially cover 12 countries: Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States, and Vietnam. Collectively these countries represent 40 percent of the global economy.

For more information on the Trans-Pacific Partnership, check out our Fact Sheet.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More