Procuring a free trade sneak attack on states' rights

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March 2004

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Procuring a free trade sneak attack on states' rights
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Procuring a free trade sneak attack on states' rights
Public Citizen reports that Bush Administration trade negotiators have asked governors around the country to in essence surrender a good chunk of state sovereignty regarding commodity or service procurement. A letter from the U.S. Trade Representative's (USTR) office asks governors to sign on to a purchasing pact that would commit their states to all trade agreements currently under negotiation (CAFTA, FTAA, etc.).

USTR is seeking blanket permission from governors to sign states onto the procurement provisions included in all these agreements. Purchases made by the state, county, or city would and could be overridden by this purchasing pact. All issues regarding environment, labor, human rights issues would be subject to any provisions in these other trade agreements. For example, states, cities and counties would have no right to require recycling, fuel-efficient vehicles, or renewable energy or preferences used to demand corporate responsibility in the face of human rights abuses—such as those used to help bring an end to apartheid in South Africa and now in place regarding human rights abuses in Burma.

Once signed on and approved by Congress, states would have no power to get out of these contracts without huge lawsuits. Twenty-three states have signed on including Minnesota, California, Colorado, Iowa, Illinois. Visit Public Citizen to see whether or not your state is signed on to CAFTA's procurement provisions. The group urges concerned citizens to call their governor's office to inquire about their state's response to the fall 2003 USTR's request for sign off on the new generation of procurement agreements.

"Ask for documentation. If your governor consented to be included, urge that she or he withdraw the state from the list—telling them that you know just how easy that still is to do. If your state has not responded, ask the governor's office to turn over the request to the legislature for their consideration."

Public Citizen also suggests contacting your state attorney general's office, any and all state legislators, city councilors and mayors you know to warn them about the letter and ask them to contact the governor's office immediately. "Some states also have statewide procurement officers—most of whom have no idea what their governors are up to but who will be well-informed about the implications.

"Urge all of the state and local officials with whom you communicate to demand a more democratic, inclusive mechanism for obtaining the prior informed consent of the state and local officials constitutionally-charged with policy-making authority before state and local authority is implicated—by the governor or the federal government—in trade agreements."

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