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Committee Detail

Hide Section - GENERAL INFORMATION

GENERAL INFORMATION

Committee NameIndustry Functional Advisory Committee on Intellectual Property Rights for Trade Policy MattersAgency NameDepartment of Commerce
Fiscal Year2004Committee Number333
Original Establishment Date1/3/1975Committee StatusTerminated
Actual Termination Date6/16/2004Committee URLhttp://www.ita.doc.gov/icp
New Committee This FYNoPresidential Appointments*No
Terminated This FYYesMax Number of Members*20
Current Charter Date3/17/2004Designated Fed Officer Position Title*DFO
Date Of Renewal Charter3/17/2006Designated Federal Officer PrefixMr.
Projected Termination Date6/16/2004Designated Federal Officer First Name*Kevin
Exempt From Renewal*NoDesignated Federal Officer Middle NameM.
Specific Termination Authority19 U.S.C. 2155Designated Federal Officer Last Name*Ellis
Establishment Authority*Statutory (Congress Created)Designated Federal Officer Suffix
Specific Establishment Authority*19 U.S.C. 2155Designated Federal Officer Phone*202-482-2435
Effective Date Of Authority*1/3/1975Designated Federal Officer Fax*202-482-6097
Committee Type*ContinuingDesignated Federal Officer Email*kevin_m_ellis@ita.doc.gov
Presidential*No
Committee Function*National Policy Issue Advisory Board
Hide Section - RECOMMENDATION/JUSTIFICATIONS

RECOMMENDATION/JUSTIFICATIONS

Agency Recommendation*Terminate
Legislation to Terminate RequiredNo
Legislation Status 
How does cmte accomplish its purpose?*In FY 2004, IFAC 3 played an active role in advising the U.S. Government on negotiating objectives and priorities for the WTO Doha Ministerial conference, the Free Trade of the Americas, implementation of the Free Trade Agreements (FTAs) for Singapore and Chile, and the World Intellectual Property Organization. IFAC 3 has provided advice on the intellectual property rights aspects of four FTAs during 2004, the US-Central America FTA (CAFTA), the US-Australia FTA, the US-Morocco FTA, and the integration of the US-Dominican Republic FTA into the CAFTA. IFAC 3 also provided advice on incomplete FTAs in 2004 - SACU FTA, Bahrain FTA, Andean FTA and Panama FTA. In addition, IFAC 3 channeled its advice on Special 301 activities. The Special 301 provisions of the Trade Act of 1974 require the USG to determine whether the policies and practices of foreign countries deny adequate and effective IPR protection. IFAC 3 also continued to monitor implementation and compliance of the World Trade Organization TRIPs Agreement, providing advice on the World Trade Organization TRIPs Council biotechnology reviews and geographical indications register system, and World Trade Organization dispute settlement cases. In addition, IFAC 3 advised the U.S. Government on strategies for legislative action including the GSP and Caribbean Basin Initiative. IFAC 3 advised the U.S. Government on negotiating objectives and strategies for U.S. negotiating objectives for WTO accessions.
How is membership balanced?*IFAC 3 is reasonably well balanced between members who represent a broad spectrum of intellectual property industries, including entertainment and computer software industries. The Committee also has representatives from companies with trademark, pharmaceutical and biotechnology interests. IFAC 3 would benefit from additional expertise and representation from the wine industries.
How frequent & relevant are cmte mtgs?*The Committee meets approximately five times a year. However, the actual number of meetings is dictated by Government need for private sector advice. The U.S. Government will be engaged in multilateral and bilateral trade policy initiatives including the FTAA and FTA negotiations, Asia-Pacific Economic Cooperation, World Trade Organization implementation and accession by Russia, China, Saudi Arabia, and other countries, and enforcement of trade agreements. The advice the Government receives from the private sector through the advisory committees will be an on-going process and will be an intrinsic part of developing U.S. positions for all policy negotiations.
Why advice can't be obtained elsewhere?*The Committee structure ensures a unique source of information to the Government. All members have security clearances and through a continuing dialogue with Government officials are made aware of Government trade policy at a level not otherwise available to the private sector. Because this Committee remains current in the broad spectrum of trade policy rather than a single facet--as would be the case in the absence of a committee structure--the private sector input from the Committee is more pertinent. The advisory committee program, legislatively mandated, is the single formal comprehensive consultative link between the U.S. Government and U.S. industry and has the responsibility to address all issues concerning trade policy.
Why close or partially close meetings?The Industry Consultations Program was established by the Trade Act of 1974 and in accordance with the Federal Advisory Committee Act (FACA). Subsection 135(f) of the Trade Act provides that the ISACs shall be exempt from the provisions of the FACA relating to open meetings, public notice, public participation, and public availability of documents when it is determined that the proceedings would, if disclosed, seriously compromise the Government's negotiating objectives or bargaining positions regarding trade policy matters. ISAC meetings routinely involve these kinds of discussions. The United States Trade Representative (USTR) evaluates each meeting agenda and issues a Notice of Determination when it is necessary to close meetings.
Recommendation Remarks
Hide Section - PERFORMANCE MEASURES

PERFORMANCE MEASURES

Outcome Improvement To Health Or Safety*NoAction Reorganize Priorities*Yes
Outcome Trust In GovernmentYesAction Reallocate ResourcesNo
Outcome Major Policy ChangesYesAction Issued New RegulationsNo
Outcome Advance In Scientific ResearchNoAction Proposed LegislationNo
Outcome Effective Grant MakingNoAction Approved Grants Or Other PaymentsNo
Outcome Improved Service DeliveryNoAction OtherYes
Outcome Increased Customer SatisfactionNoAction CommentIssued changes to text of trade agreements.
Outcome Implement Laws/Reg RequirementsNoGrants Review*No
Outcome OtherNoNumber Of Grants Reviewed0
Outcome CommentEffective in formulating the trade policy objectives of the United States.Number Of Grants Recommended0
Cost Savings*NoneDollar Value Of Grants Recommended$0.00
Cost Savings CommentNAGrants Review CommentNA
Number Of Recommendations*0Access Contact Designated Fed. Officer*No
Number Of Recommendations CommentNo measurable calculation. The IFAC 3 members presented their respective organization's views on priority issues on multilateral, bilateral and regional trade negotiations. Their advice and recommendations are mostly rendered orally during meetings while U.S. Government Officials are present. During this fiscal year the IFAC members presented advice and recommendations on priority issues on the various free trade agreements.Access Agency WebsiteNo
% of Recs Fully Implemented*0.00%Access Committee WebsiteNo
% of Recs Fully Implemented CommentNo measurable calculation as section 135 of the Trade Act of 1974, as amended, does not bind the USTR and Secretary of Commerce to the advice submitted by the Committee.Access GSA FACA WebsiteNo
% of Recs Partially Implemented*0.00%Access PublicationsNo
% of Recs Partially Implemented CommentNo measurable calculation as section 135 of the Trade Act of 1974, as amended, does not bind the USTR and Secretary of Commerce to the advice submitted by the Committee.Access OtherNo
Agency Feedback*YesAccess CommentNA
Agency Feedback CommentFeedback is primarily rendered orally during meetings while U.S. Government Officials are present. Formal written advice addressed to the Secretary of Commerce (and/or jointly to the USTR), or their designees, is reviewed by the Secretary’s policy staff and tasked to appropriate ITA unit to prepare a draft response. Commerce’s internal procedures require that all responses for Secretarial signature (and/or joint signature with USTR) go through a concurrence process which ensures that the appropriate level Commerce officials are seeing the advice and have an opportunity for comment. All formal responses must be cleared by the Under Secretary of Commerce for International Trade prior to Secretary’s signature, which ensures that the committee's advice is weighed and considered.Narrative Description*The Committee advises the Secretary and the USTR concerning the trade matters referred to in Sections 101, 102, and 124 of the Trade Act of 1974, as amended; with respect to the operation of any trade agreement once entered into; and with respect to other matters arising in connection with the development, implementation, and administration of the trade policy of the United States including those matters referred to in Reorganization Plan Number 3 of 1979 and Executive Order 12188, and the priorities for actions thereunder. In particular, the Committee provides detailed policy and technical advice, information, and recommendations to the Secretary and the USTR regarding trade barriers and implementation of trade agreements negotiated under Sections 101 or 102 of the Trade Act of 1974, as amended, and Sections 1102 and 1103 of the 1988 Trade Act, which affect the products of its sector; and performs such other advisory functions relevant to U.S. trade policy as may be requested by the Secretary and the USTR or their designees.
Hide Section - COSTS

COSTS

Payments to Non-Federal Members*$0.00Est Payments to Non-Fed Members Next FY*$0.00
Payments to Federal Members*$0.00Est. Payments to Fed Members Next FY*$0.00
Payments to Federal Staff*$3,032.00Estimated Payments to Federal Staff*$0.00
Payments to Consultants*$0.00Est. Payments to Consultants Next FY*$0.00
Travel Reimb. For Non-Federal Members*$0.00Est Travel Reimb Non-Fed Members nextFY*$0.00
Travel Reimb. For Federal Members*$0.00Est Travel Reimb For Fed Members*$0.00
Travel Reimb. For Federal Staff*$0.00Est. Travel Reimb to Fed Staff Next FY*$0.00
Travel Reimb. For Consultants*$0.00Est Travel Reimb to Consultants Next FY*$0.00
Other Costs$0.00Est. Other Costs Next FY*$0.00
Total Costs$3,032.00Est. Total Next FY*$0.00
Federal Staff Support (FTE)*0.05Est. Fed Staff Support Next FY*0.00
Hide Section - Custom Links

Custom Links

     Committee Level Reports               
Hide Section - MEMBERS,MEETINGS AND ADVISORY REPORTS

MEMBERS,MEETINGS AND ADVISORY REPORTS

To View all the members, meetings and advisory reports for this committee please click here
Hide Section - CHARTERS AND RELATED DOCS

CHARTERS AND RELATED DOCS

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Hide Section - DATA FROM PREVIOUS YEARS

DATA FROM PREVIOUS YEARS

Committee

Data from Previous Years

 
ActionCommittee System IDCommittee NameFiscal Year
 COM-015378Industry Functional Advisory Committee on Intellectual Property Rights for Trade Policy Matters2003
 COM-017063Industry Functional Advisory Committee on Intellectual Property Rights for Trade Policy Matters2002
 COM-017351Industry Functional Advisory Committee on Intellectual Property Rights for Trade Policy Matters2001
 COM-019066Industry Functional Advisory Committee on Intellectual Property Rights for Trade Policy Matters2000
 COM-019242Industry Functional Advisory Committee on Intellectual Property Rights for Trade Policy Matters1999
 COM-020882Industry Functional Advisory Committee on Intellectual Property Rights for Trade Policy Matters1998
 COM-021149Industry Functional Advisory Committee on Intellectual Property Rights for Trade Policy Matters1997