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1 1 (March 20, 2020)

handle is hein.crs/govcaxs0001 and id is 1 raw text is: Resarh Servi kM- COVID-19: An Overview of Trade-Related Measures to Address Access to Medical Goods March 20, 2020 As the coronavirus (COVID- 19) pandemic continues, government officials around the world have raised questions and concerns about how to ensure that their countries have adequate access to, and supplies of, medical goods, including personal protective equipment (e.g., masks, gloves, garments), medical equipment (e.g., ventilators), and pharmaceuticals. This Sidebar presents an overview of some of the trade-related measures taken by the United States and its trading partners in their efforts to address these concerns, including: (1) introducing export restrictions; (2) reducing or eliminating tariffs; (3) revising import procedures; and (4) prioritizing domestic production. It then discusses possible legal challenges to each of these measures, as well as avenues for congressional action or oversight. Method One: Introducing Export Restrictions Several of the United States' trading partners have imposed export restrictions on certain medical goods to meet their domestic supply needs. For example, the European Union (EU) introduced export authorization measures that prohibit the export of personal protective equipment (e.g., masks, protective glasses, and garments) from the EU without prior regulatory approval. India restricted exports of twenty- six pharmaceutical components, as well as medicines and vitamins made from them, accounting for approximately ten percent of India's pharmaceutical exports. To date, the United States has not supported its trading partners' use of export restrictions to address potential supply shortages. The World Trade Organization's (WTO's) international trade regime generally prohibits quantitative restrictions on the export of goods, whether in the form of export bans, licensing requirements, or other measures having similar restrictive effects. In light of this general rule, the export restrictions described above may arguably cause some to raise concerns. At the same time, however, three exceptions may apply. First, the general prohibition does not cover export restrictions temporarily applied to prevent or relieve critical shortages of ... products essential to the exporting contracting party. Second, the WTO regime permits its Members to implement measures contrary to their general obligations if the measures are necessary to protect human, animal or plant life or health or essential to the acquisition or distribution of products in general or local short supply. Any potentially WTO-inconsistent measures must also meet other conditions, including that their application not create arbitrary or unjustifiable discrimination between countries where the same conditions prevail. Measures taken to address the Congressional Research Service https://crsreports.congress.gov LSB10424 CRS Leg Sidebar Prepaed for Membeivs and Cornm ittees o4 Co q _gress ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------