About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



1 [1] (March 5, 2019)

handle is hein.crs/govyex0001 and id is 1 raw text is: 




Congressional Research Service
Informing the legislative debate since 1914


March 5, 2019


Brexit and Outlook for U.S.-UK Trade Agreement


Introduction
The trade aspects of Brexit, the expected withdrawal of
the United Kingdom (UK) from the European Union (EU)
on March 29, 2019, are of growing interest to Congress.
The UK  is a major U.S. trade partner, and uncertainty over
Brexit presents commercial challenges for the nearly 43,000
U.S. companies exporting to the UK and for U.S. firms
operating in the UK, including some 4,000 majority-owned
subsidiaries (2016 data). Details about the future UK-EU
trade relationship remain largely unknown, and it is
uncertain when and to what extent the UK will regain
control of its national trade policy-a major objective for
Brexit supporters. These factors directly shape prospects for
a proposed bilateral U.S.-UK free trade agreement (FTA),
supported by the Trump Administration and several
Members  of Congress.
On October 16, 2018, the Trump Administration notified
Congress under Trade Promotion Authority (TPA) of
proposed trade agreement negotiations with the UK post-
Brexit. The UK cannot formally negotiate or conclude a
new agreement until it exits the EU, which has exclusive
competence over trade policy and negotiates trade deals on
behalf of all EU member states (Fig. 1). In the interim, and
absent a U.S.-EU trade agreement, World Trade
Organization (WTO)  terms govern U.S.-UK trade (like U.S.
trade with the rest of the EU), and would apply after Brexit.
Figure I. Current UK  Trade  Status: Fast Facts
    EU member  since 1973
    Participates in the EU single market, which
    covers the four freedoms of movement of
    goods, capital, services, and people in the EU
    (e g., no tariffs or customs checks). The single
    market is more developed for goods than services.
  3 Member of the EU customs union, which imposes
    common external tariffs on non-EU countries.
 4  Part of over 40 EU trade agreements with 70-some
    countries, as well as ongoing EU trade talks
  5 Set up a new Department of International Trade
    in 2016 to rebuild national trade expertise

Trade and Economic Context
The UK,  at 15% of the EU gross domestic product (GDP)
in 2017, is the EU's second largest economy after Germany
(21%). As a bloc, the EU is the UK's largest trading
partner, while by country, the United States ranks first.
Total U.S.-UK two-way trade in merchandise and services
($236 billion) was about one-third of such UK trade with
the EU ($788 billion) in 2017 (U.S. and WTO trade data).
Many  firms operating in the UK are taking steps to reduce
trade disruptions post-Brexit, especially if the UK leaves
the EU without a negotiated deal, loses its preferential
access to the EU market, and returns to trade on WTO
terms. While EU tariffs are low overall, WTO terms for
UK-EU   trade would be significantly different than the


status quo of tariff-free trade. A no-deal Brexit could lead
to lengthy customs checks, and some businesses are
stockpiling goods to build inventories. UK-EU supply
chains, such as for the auto industry, are tightly integrated
and with component parts heavily traded. U.S. and other
banks are concerned about losing the ability to use their UK
bases to access EU markets without establishing legally
separate subsidiaries. Some financial institutions, such as
Goldman  Sachs, J.P. Morgan, Morgan Stanley, and
Citigroup, have shifted (or are planning to shift) some jobs
and assets from London to other cities, such as Amsterdam,
Dublin, Frankfurt, and Paris.
In 2016, after the Brexit referendum, the British pound fell
to a record low, and concerns emerged about widespread
harm to the UK economy. Doomsday  fears may have
abated, but prolonged uncertainty over Brexit appears to be
a drag on the UK economy. In 2018, the UK economy saw
its lowest annual growth rate (1.4%) since 2012. Most
analyses predict that the UK economy faces lower growth
in all Brexit scenarios, with a no-deal Brexit constraining
growth rates the most.
Post-Brexit UK-EU Trade Relationship
Brexit casts great uncertainty over the future UK-EU trade
relationship. A draft agreement on the UK's withdrawal
terms and political declaration on the future relationship
was rejected by the UK House of Commons in January
2019, and the UK is trying to find a path forward. EU
leaders endorsed the deal, which requires approval by the
European Parliament.
During the draft deal's transition period through 2020, the
UK  could negotiate, but not enter into, its own trade
agreements. The UK and EU  agreed to work toward a UK-
EU  FTA, with a fully independent UK trade policy arising
after the transition period. As a backstop to address the Irish
border issue, however, they agreed to allow the UK to stay
in the customs union if they failed to reach an alternative
arrangement to avoid a hard border (e.g., customs check,
physical infrastructure) between Northern Ireland and
Ireland-thereby preserving extensive cross-border
economic ties and the peace process. (See CRS Report
RL33105,  The United Kingdom: Background, Brexit, and
Relations with the United States, by Derek E. Mix.)
Potential scenarios for future UK-EU trade relations have
mixed economic  and political attractiveness (Fig. 2).
No  Customs   Union?
If the UK exits the EU without a deal, it would no longer be
a part of the EU customs union and regain control over its
national trade policy at once. A no-deal Brexit, whatever its
downsides may  be, would free the UK to negotiate its own
FTAs  with the United States and other countries. Likewise,
if a Brexit deal emerges where the UK leaves the customs
union at some later point (as in the draft deal and political
declaration if an alternative arrangement were to be reached


ittps://crsreports. congress.gov