----- Forwarded Message -----
From: E R F <[email protected]>
To: [email protected]; [email protected] 
Sent: Thursday, 9 February 2012, 5:27
Subject: [MacroScan] Sign-on: Economist statement on capital controls and the 
Trans-Pacific trade agreement




Dear Economist,
  
We write to ask if you would sign the economist statement below asking 
negotiators of the Trans-Pacific Partnership Agreement (TPPA) to grant nations 
the flexibility to deploy capital account regulations to prevent and mitigate 
financial crises.  
   
We are seeking economist signatories from TPPA countries, Australia, Brunei, 
Chile, Malaysia, Peru, New Zealand, and Vietnam.
    
If you are willing to sign, simply reply to [email protected] with your 
name, title, and country and we will add you to the list.  
    
Please feel free to circulate to others from these countries that you think 
might be willing to sign.  They can simply send their name, title, and country 
to [email protected] as well.
    
Deadline for sign-ons:  Friday, February 17.
     
The TPPA is what US President Barack Obama hails as a "21st Century Trade 
Agreement" that improves upon and rectifies past problems in US trade and 
investment treaties.  Thus this is a particularly opportune time to weigh in, 
as a major TPPA negotiation round will begin in Melbourne, Australia on March 
1, 2012.
     
Since the financial crisis began, the Asian Development Bank, the United 
Nations Economic and Social Commission for the Asia-Pacific, the International 
Monetary Fund and others have all agreed that capital account regulations are 
legitimate tools to buffer nations from volatile capital flows.  However, the 
U.S. government has used trade agreements to severely restrict a nation's 
ability to deploy such regulations.
     
In January 2011, we organized a similar letter to the Obama administration 
signed by more than 250 economists, urging a general reform of U.S. trade 
policies with regard to capital controls.  Treasury Secretary Timothy Geithner 
responded by stating that the administration would “seek to preserve” current 
policy since in his view governments have sufficient alternatives to capital 
controls to deal with volatility.  
     
This new economist letter is more specific to pending negotiations in a region 
that has been susceptible to volatile capital flows and that has proven that 
regulating such flows can contribute to stability and growth.  In the wake of 
the crisis, let us urge policy-makers in all TPPA countries to ensure that 
nations have all the tools possible to prevent and mitigate future crises.
     
Additional background is available here.  We would be happy to give you more 
details about the TPPA and the relationship between trade deals and capital 
account liberalization in general.
     
Sincerely,
Kevin P. Gallagher, Global Development and Environment Institute, Tufts 
University, [email protected]
Sarah Anderson, Global Economy Project Director, Institute for Policy Studies, 
Washington, DC, [email protected] 

     

      
To be issued March 1, 2012

      
Hon. Craig Emerson, Trade Minister
Department of Foreign Affairs and Trade of Australia 
      
H.R.H. Prince Mohamed Bolkiah, Minister 
Ministry of Foreign Affairs and Trade of Brunei Darussalam 
     
Hon. Alfredo Moreno Charme, Minister 
Ministry of Foreign Affairs of Chile 
     
Yb. Dato’ Sri Mustapa Bin Mohamed, Minister
 Ministry of International Trade and Industry, Malaysia
    
Hon. Tim Groser, Trade Minister 
Ministry of Foreign Affairs and Trade of New Zealand 
   
Hon. Eduardo Ferreyros, Minister 
Ministry of Foreign Trade and Tourism of Peru 
     
Hon. Lim Hng Kiang, Minister 
Ministry of Trade and Industry of Singapore 
     
Amb. Ronald Kirk, Trade Representative 
Office of the United States Trade Representative 
      
Hon. Vu Huy Hoang, Minister
Ministry of Industry and Trade, Vietnam
     
Re:  Promoting financial stability in the Trans-Pacific Partnership Agreement
    
Dear Trade Ministers, 
      
We, the undersigned economists, write to you regarding the capital transfers 
provisions in the proposed Trans-Pacific Partnership Agreement (TPPA). We are 
concerned that if recent U.S. treaties are used as the model for the TPPA, the 
agreement will unduly limit the authority of participating parties to prevent 
and mitigate financial crises. 
     
Nearly all U.S. free trade agreements (FTAs) and bilateral investment treaties 
(BITs) strictly limit the ability of trading partners to deploy capital 
controls – with no safeguards for times of crisis. A few recent U.S. trade 
agreements put some limits on the amount of damages foreign investors may 
receive as compensation for certain capital control measures.  They also extend 
the “cooling off” period before investors may file claims in international 
tribunals.  However, these minor reforms do not go far enough to ensure that 
governments have the authority to use such legitimate policy tools. 
      
Authoritative research published by the National Bureau of Economic Research, 
the International Monetary Fund, and other institutions has found that limits 
on short-term capital flows can stem the development of dangerous asset bubbles 
and currency appreciations, and grant nations more autonomy in monetary 
policy-making, and protect nations from the dangers of abrupt capital flight.  
     
The U.S. government’s rigid opposition to capital controls does not reflect the 
global norm. According to an IMF report, “Most BITs and FTAs either provide 
temporary safeguards on capital inflows and outflows to prevent or mitigate 
financial crises, or defer that matter to the host country’s legislation. 
However, BITs and FTAs to which the United States is a party (with the 
exception of NAFTA) do not permit restrictions on either capital inflows or 
outflows.”    Indeed, other TPP countries typically allow more flexibility in 
their trade and investment treaties.  
     
While capital controls and other capital management techniques are no panacea 
for financial instability, there is an emerging consensus that they are an 
important part of the macro-economic toolkit. Indeed, all G-20 leaders endorsed 
the following statement at the 2011 Cannes Summit:    
     
“Capital flow management measures may constitute part of a broader approach to 
protect economies from shocks. In circumstances of high and volatile capital 
flows, capital flow management measures can complement and be employed 
alongside, rather than substitute for, appropriate monetary, exchange rate, 
foreign reserve management and prudential policies.”  
     
Increased financial stability is in the interest of businesses, working people, 
and consumers in all TPPA parties. When one country falls into crisis, its 
trading partners lose export markets. When one country cannot control financial 
bubbles that drive up currency values, consumers in trading partner countries 
may be hurt by rising prices on imported goods. When exchange rates are 
unstable, long-term investors and businesses engaged in exporting or importing 
face uncertainty.  
     
Thus, we recommend that the TPPA permit governments to deploy capital controls 
without being subject to investor lawsuits, as part of a broader menu of policy 
options to prevent and mitigate financial crises.
     
We look forward to discussing these issues further. Please direct inquiries to: 
      
Sarah Anderson, Institute for Policy Studies, [email protected] 
Kevin P. Gallagher, Boston University, [email protected]
      
Sincerely,
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