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[Jim Sciutto, The Shadow War: Inside Russia's and China's Secret Operations to Defeat America. Hasper-Collins. New York, 2019. 308 p.]
review / Álvaro de Lecea
With the end of the Cold War, which pitted the former Soviet Union against the victorious United States of America, the international system shifted from bipolar to a hegemony led by the latter. With the United States in the lead, the West focused on the spread of democracy and commercial globalisation, and if anything the geo-strategic preoccupation of the West was focused on the Al-Qaeda attacks on the Twin Towers on 9/11, so the focus of attention shifted and today's Russia was pushed into the background. However, Russia continued to slowly reconstitute itself in the shadow of its old enemy, which no longer showed much interest. Russia was joined by China, which began to grow by leaps and bounds. At this point, the United States began to realise that it had two major powers on its heels and that it was engaged in a war it did not even know existed: the Shadow War.
This is the term used by Jim Sciutto, CNN's chief national security correspondent, to describe what he describes in detail throughout his book and what has largely come to be known as hybrid or grey zone warfare. Sciutto prefers to speak of Shadow War, which could be translated as war in the shadows, because this better denotes its character of invisibility under the radar of open or conventional warfare.
This new war was started by Russia and China, not as allies, but as powers with a common enemy: the United States. It is a hybrid war subject and therefore contains both military and non-military methods. On the other hand, it does not envisage a direct military confrontation between the two blocs. In The Shadow War: Inside Russia's and China's Secret Operations to Defeat America, Sciutto explains seven situations in which the strategies being pursued by China and Russia to defeat the United States in order to become the world's major powers and impose their own international norms can be clearly observed.
First, it is important to note that Russia and China, while pursuing similar strategies, are different types of adversaries: on the one hand, China is a rising power, while Russia is more of a declining power that is trying to return to its former self. Nevertheless, both share a number of similarities. First, both seek to expand their influence in their own regions. Second, both are suffering from a crisis of legitimacy within their borders. Third, both seek to right the wrongs of history and restore what they perceive as their countries' legitimate positions as world leaders. And finally, they possess great national unity, so that the majority of their populations would do whatever is necessary for their nation.
In the shadow war, thanks to the rules established by Russia and China, any major actor can win, regardless of its power or influence over other international actors. Following the theories of International Office, these rules could be considered to follow a very realistic patron saint , since, in a way, anything goes to win. The power of lies and deception is the order of the day, and lines that were thought unthinkable are crossed. Examples of this, as the book explains and elaborates, are the militarisation of the artificial islands built by China in the South China Sea when Xi Jinping himself had promised not to do so, or the hacking of the Democratic Party's computer system in the 2016 US election campaign by Russian hackers, which may have helped Donald Trump emerge victorious.
To all this must be added an essential part of what is happening in this context of non-traditional warfare: the particularly mistaken idea that the United States has about everything that is happening. To begin with, the first mistake the US made, as Sciutto explains, was to neglect Russia as a relevant focus in the international arena. It believed that, having defeated it in the Cold War, the country would no longer re-emerge as a power, and so failed to see the clear clues that it was slowly growing, led by President Vladimir Putin. Similarly, it failed to understand the Chinese government's true intentions in situations such as the South China Sea or the degree program submarines. All of this can be summed up as the US believing that all international actors would play by the rules established by Washington after the Cold War, without imagining that they would create a new scenario. In conclusion, the US did not understand its opponents.
In his latest chapter, Sciutto makes it clear that the US is currently losing the war. Its biggest mistake was not realising status until it was in front of it and it now finds itself playing on a disadvantaged stage. It is true that the US remains the world leader in many respects, but Russia and China are overtaking it in others, following the new rules they themselves have set. However, a change of attitude in US policies could turn the tide. The author proposes a number of solutions that could help the US get back in the lead.
The solutions he proposes focus, in the first place, on the total knowledge of the enemy and its strategy. This has always been his great disadvantage and would be the first step to begin to control status. Similarly, it recommends greater unity within the Allied bloc, as well as an improvement of its own defences. He also recommends a better understanding of the new scenario in which the whole conflict is taking place, and therefore a series of international treaties regulating these new spaces, such as cyberspace, would be of great help financial aid. Further on, he proposes setting clear limits on enemy actions, raising the costs and consequences of such actions. Finally, it encourages the US to exercise clear leadership.
In conclusion, Sciutto's thesis is that the United States finds itself fighting a war whose existence it has only just discovered. It is a subject war that it is not used to and with a set of rules that are alien to what it preaches. While it is still the leader of the current international system, it finds itself losing the game because China and Russia have been able to discover its rival's weaknesses and use them to its advantage. America's biggest mistake was to ignore all the signs of this shadow war and do nothing about it. New scenarios have been introduced and the rules of the game have been changed, so the US, if it wants to turn status around and once again emerge as the victor, the author argues, will have to unite more than ever internally as a nation and strengthen its alliances, and know its enemies and their intentions better than ever before.
In terms of a evaluation of the book, it can be said that it succeeds in concisely and clearly conveying the most relevant points of this new contest. It manages to make clear the strengths and weaknesses of each actor and to take stock of the current status . However, the author does not manage to be too goal judgemental. While admitting the failings of the US, he gives a negative picture of its rivals, taking for granted who are the good guys and who are the bad guys. Objectivity is lacking in some cases, as the good guys are not always so good and the bad guys are not always so bad. That said, Sciutto provides a great analysis of the current international status in which the world's major powers find themselves.
Some U.S. and Canadian diplomats who were in Havana between 2016 and 2018 are still not fully recovered from ailments they suffered
▲ Building of the U.S. Embassy in Cuba [department de Estado].
ANALYSIS / Eduardo Villa Corta
Three years ago, staff U.S. diplomats stationed in Cuba began to feel physical discomfort supposedly caused by strange sounds to which they had apparently been exposed; Washington spoke of a "sonic attack. However, although the symptoms suffered by those affected have been determined to be anomalous, it has not been possible to establish what caused them. Was it really an attack? Who was behind it? We review here the main hypotheses and conjectures that have been made, and point out their weaknesses.
In late 2016 and early 2017, several U.S. diplomats stationed in Havana, as well as members of their families, reported suffering from dizziness, vertigo and sharp pains in their ears that could be caused by strange sounds to which they had been exposed. According to their testimonies, the sounds came from a specific direction, and they had heard them in their own residences or, in some cases, in hotel rooms, while people staying in neighboring houses or adjoining rooms had not heard any special sounds. The phenomenon also affected Canadian diplomats in the Cuban capital. In all, some forty people were treated for these symptoms.
Acoustic attack
Echoing the facts reported by its staff in Cuba, in mid-2017 the U.S. State department stated that the symptoms could have been caused by a sonic attack by the Cuban government directed against diplomats and their families. In October 2017, President Donald Trump directly accused Havana: "I believe Cuba is manager; yes, I do."
At the beginning of 2018 the department of State issued a statement alert not to travel to Cuba due to a possible health crisis and withdrew a good part of the staff of the mission statement diplomatic in Havana, reducing the activity of this to the minimum possible. At that time, a total of 24 Americans had been affected.
At the time, the Canadian government also indicated that its diplomats had experienced similar discomfort. Ottawa decided to evacuate the families of its employees in Cuba and in early 2019 proceeded to reduce the staff of the embassy in the face of what appeared to be the appearance of a fourteenth case.
The Cuban government denied from the outset being involved in any harassment operation against the U.S. or Canada. ˝There is no test about the cause of the reported ailments, nor is there any evidence to suggest that these health problems have been caused by an attack of any kind˝, Havana assured. Raul Castro's government offered its cooperation in the research of the facts, with nothing coming to light that could explain the case. No devices that could have provoked the sounds appeared.
Adding confusion to the status, at least two US diplomats stationed in China, busy at the consulate general in Guangzhou, the largest that the US has in the country, presented in early 2018 also the symptoms already described. Washington evacuated them and issued a health warning about missions in mainland China.
The Associated Press published in October 2017 a recording of the alleged sounds causing the reported ailment, and indicated that government agencies had been unable to determine the nature of the noise and explain its relationship to the bodily disorders caused. Months later, he noted that internal FBI reports did not even establish that there had been an "attack". Other media highlighted the poor cooperation in the research, due to jurisdictional zeal, between the department of State, the FBI and the CIA.
Symptoms of "Havana syndrome".
A medical team from the University of Pennsylvania, at the request of the U.S. Government, examined 21 people affected by what the press began to call "Havana syndrome". The research, initially published in March 2018 in the Journal of the American Medical Association (JAMA), indicated that most of the patients reported problems with report, concentration, and balance, and determined that they appeared to have suffered injuries to extensive brain networks.
data Further MRI scans of the same team extended to 40 patients, released in July 2019, led to the conclusion that the diplomats had experienced some craniocerebral trauma. The results of the MRI scans, compared with those of a group of healthy people, showed differences in the volume of the white and gray substances of the brain, in the integrity of the cerebellar microstructures and in the functional connectivity of the subnetworks for hearing and spatial vision, but not for executive functions.
This report concluded that the staff diplomat had been physically injured, although it could not determine the cause. He also noted that patients do not experience a usual recovery, as they are not recovering quickly from symptoms, as is the case in other cases of similar "concussions" or ear problems.
IF IT WASN'T AN ATTACK, WHAT WAS IT?
As no clear cause has been established as to what caused the ailments suffered by the US and Canadian diplomatic staff and some members of their families, the very reality of an attack has been called into question. Although various alternative explanations have been put forward, none of them are fully convincing.
1) Collective hysteria
Formulation. Some neurologists and sociologists, such as Robert Bartholomew, have suggested that it could be a case of mass hysteria. Given the pressure to which some of the diplomats working in very unfriendly environments are subjected, and the endogamic relationship in which they live, living almost exclusively among themselves, it could explain a mutual conviction of an external attack that even has somatic consequences.
Weak spot. Both the research of the University of Pennsylvania and the doctor of the department of State, Charles Rosenfarb, who appeared before the committee of Foreign Relations of the Senate, came to rule out that the symptoms suffered by the diplomats were due to a mere mental mechanism. It is very difficult that about sixty people, including Americans and Canadians, convinced each other of an aggression of this kind subject and then almost all of them developed the same brain lesions.
2) Microwave
Formulation. The researcher team at the University of Pennsylvania, while not pointing to any possible cause of the ailments, did not rule out certain assumptions, such as that of microwave affectation. This aspect was insisted upon by a research published in 2018 in the journal Neural Computation, which considered the symptoms consistent with exhibition to electromagnetic microwave (RF/MW) radiation.
Weak point. Not all the symptoms shown by patients could be a consequence of the exhibition of such a radiation subject, which also has a diverging literature on its effects on the human body. In addition, there is no known microwave weapon that can affect the brain.
3) Ultrasound
Formulation. A team of computer experts at the University of Michigan suggested in 2018 that it could be a case of exhibition to some subject ultrasound, perhaps coming from malfunctioning listening equipment mixing multiple ultrasonic signals.
Weak point. The recording of one of the sound episodes - the sample broadcast by AP - is not sufficient to be able to determine its nature. It is also possible that the sound was somewhat different in other cases.
4) Crickets
Formulation. A research from the Universities of California-Berkeley and Lincoln, from the existing sound sample , considered in January 2019 that the possible cause of the attacks was made by cricketsThe study, specifically crickets Anurogryllus muticus. The research was a comparative study between the sound emitted by that variant of crickets and the sample of one of the Havana acoustic episodes.
Weak point. The sound perceived by the diplomats was directional, so it was not heard by neighboring people. If they had been crickets in their natural environment, the sound would have spread around.
5) Neurotoxins
Formulation. A joint study by two Canadian research centers in May 2019 attributed the symptoms suffered by diplomats to exhibition to neurotoxins from pesticides used to spray mosquitoes, a internship common occurrence in embassy buildings.
Weak point. The diplomats affected related the beginning of their physical discomfort to situations experienced in their own residences or in hotel rooms, where there was no fumigation.
IF IT WAS AN ATTACK, WHO DID IT?
Given that the previous explanations do not seem entirely solid, the US Government maintains the hypothesis of an attack. If it really happened, who was behind it? Here, too, there are various conjectures.
1) Castro regime
The first option considered, assumed in principle by the US given the public accusations made from Washington, has been to attribute the alleged attacks to the Cuban regime itself. With them, Havana would try to maintain pressure on the Americans, in spite of the formal reestablishment of diplomatic relations, with the goal to mark each other's territory.
Weak point. The incidents began to occur during the Obama Administration, in a context of a ˝honeymoon˝ marked by the reopening of embassies and the visit of Barack Obama to Havana. The normal thing is that at the end of 2016, in view of the U.S. elections, the Castro regime would not want to give reasons to the next U.S. president to twist the diplomatic line opened by Obama. It could make sense that after Donald Tump's later revocation of the previous openness measures, Cuba would want to punish the new Administration, but not before seeing the direction it would take; in any case, the attacks would only justify the hard line followed by Trump, which does not benefit the island.
2) A sector of Castroism
Fidel Castro was attributed with an unaccommodating attitude towards his brother Raul's decision to reestablish diplomatic relations with the United States. Although he died in November 2016, people around him might have tried to torpedo that rapprochement, convinced that hostility with Washington was the best way to ensure the survival of the regime as conceived by its founder.
Weak point. Although Fidel Castro's reluctance towards rapprochement with the U.S. is true, it is difficult to think that the most conservative sector within Castroism would dare to boycott so directly Raul Castro's fundamental political line. It is another thing that, after he handed over the presidency of Cuba to Miguel Díaz-Canel in April 2018, some sectors within the regime could make internal movements to send certain messages, but the changeover occurred when most of the acoustic episodes had already taken place.
3) A third country (Russia, China)
The third option would be that a third country generated the attacks. American intelligence indicates that the most viable option in this case would be Russia. Moscow has been keen to return to operating in the Caribbean, as in the Cold War, and aggression against U.S. diplomats in Cuba would fit in with its strategy. It has also been suggested that China might want to repay Washington in its backyard with the same harassment that the Chinese believe they feel from the US in their nearest seas.
Weak point. The return of Russia to the Caribbean is certainly documented, and it is conceivable that Moscow could have promoted a punctual action against some specific goal , but it seems difficult that it would have sustained over time an operation that harms Cuba's sovereignty. As for China's presence in the US neighborhood, it is a less confrontational move than the one carried out by Russia. Moreover, if Beijing had chosen foreign soil in order to better erase the traces of an action against US diplomats, then the cases recorded in Guangzhou would not have occurred.
Trump has maintained several of the measures passed by Obama, but has conditioned their implementation
Donald Trump has not closed the embassy opened by Barack Obama in Havana and has kept to the letter of the rules allowing only certain travel by Americans to the island. However, his imposition of not establishing commercial or financial relations with companies controlled by the Cuban military-police apparatus has affected the volume of exchanges. But it has been above all his anti-Castro rhetoric that has brought the relationship almost back to the Cold War.
▲Barack Obama and Raúl Castro, at the baseball game they attended during the U.S. president's 2016 visit to Cuba [Pete Souza/White House].
article / Valeria Vásquez
For more than half a century, relations between the United States and Cuba were marked by political tensions. The last years of Barack Obama's presidency marked a significant change with the historic reestablishment of diplomatic relations between the two countries and the approval of certain measures of U.S. openness toward Cuba. The White House then hoped that the climate of growing cooperation would boost the modest economic reforms that Havana had begun to implement earlier and that all this would eventually bring political transformations to the island.
The Cuban government's lack of concessions on subject regarding freedoms and human rights, however, was used by Donald Trump to reverse, upon his arrival to power, several of the measures approved by his predecessor, although it has been above all his anti-Castro rhetoric that has created a new hostile environment between Washington and Havana.
Obama era: détente
In his second term, Barack Obama began secret negotiations with Cuba that culminated with the advertisement in December 2014 of a agreement for the reestablishment of diplomatic relations between the two countries. The respective embassies were reopened in July 2015, thus overcoming an anomaly dating back to 1961, when the Eisenhower Administration decided to break relations with the West Indian neighbor in view of the communist orientation of the Cuban Revolution. In March 2016, Obama became the first U.S. president to visit Cuba in 88 years.
Beyond the diplomatic sphere, Obama also sought an economic opening towards the island. Given that lifting the embargo established by the US for decades required the approval of the congress, where he faced a Republican majority, Obama introduced certain liberalizing measures by means of presidential decrees. Thus, he eased travel restrictions (he hardly changed the letter of the law, but he did relax his internship) and authorized an increase in the volume of purchases that Americans could make in Cuba.
For Obama, the economic embargo was a failed policy, as it had not achieved its purpose goal of ending the Cuban dictatorship and, consequently, had prolonged it. For this reason, he was betting on a change of strategy, in the hope that the normalization of relations -diplomatic and, progressively, economic- would help to improve Cuba's social status and contribute, in the medium or long term deadline, to the change that the economic embargo had failed to bring about. According to Obama, the embargo had had a negative impact, since issues such as the limitation of tourism or the lack of foreign direct investment had affected the Cuban people more than the Castro nomenklatura.
A new economic relationship
Faced with the impossibility of lifting the economic embargo on Cuba, Obama opted for presidential decrees that opened up trade relations between the two countries. Several measures were aimed at facilitating better access to the Internet for Cubans, which should help to promote democratizing demands in the country. Thus, Washington authorized U.S. telecommunications companies to establish business in Cuba.
In the financial field, the United States allowed its banks to open accounts in Cuba, which facilitated transactions. In addition, Cuban citizens residing on the island could receive payments in the U.S. and send them back to their country.
Another of the measures adopted was the lifting of some of the travel restrictions. As required by U.S. legislation, Obama maintained the restriction that Americans can only travel to Cuba under various circumstances, all linked to certain missions: academic, humanitarian, religious support trips.... Although purely tourist trips were still excluded, the lack of control that the U.S. authorities deliberately stopped applying meant a considerable opening of the hand.
In addition to authorizing banking transactions related to such travel, to meet the anticipated increase in tourists, it was announced that several U.S. carriers such as JetBlue and American Airlines had received approval to fly to Cuba. For the first time in 50 years, in late November 2016 a U.S. commercial aircraft landed in Havana.
The U.S. president also eliminated the limit of expense that U.S. visitors had on the purchase of products for use staff (particularly cigars and rum). Likewise, he promoted the partnership in the medical research and approved the importation of medicines produced in Cuba.
In addition, Obama repealed the "wet foot, dry foot" policy, whereby Cubans arriving on U.S. soil were automatically granted political asylum, while only those intercepted by Cuba at sea were returned to the island.
Trump's review
Since his electoral campaign, Donald Trump showed clear signals about the direction his relations with Cuba would take if he became president. Trump announced that he would reverse the opening towards Cuba carried out by Obama, and as soon as he arrived at the White House he began to strengthen the anti-Castro speech in Washington. The new president said he was willing to negotiate a "better agreement" with the island, but on the condition that the Cuban government showed concrete progress towards the democratization of the country and respect for human rights. Trump raised the prospect of free elections and the release of political prisoners, knowing that the Cuban regime would not accede to these requests. In the absence of a response from Havana, Trump insisted on his previous proposals: maintenance of the embargo (which in any case the Republican majority in the congress is not willing to lift) and reversal of some of Obama's decisions.
In reality, Trump has formally maintained several of his predecessor' s measures, although the ban on doing business with companies controlled by the Revolutionary Armed Forces (FAR), which dominate a good part of Cuban economic life, and the respect for the letter in travel restrictions have reduced the contact between the US and Cuba that had begun to occur at the end of the Obama era.
Trump has ratified the repeal of the "wet foot, dry foot" policy decided by Obama and has maintained the diplomatic relations reestablished by Obama (although he has paralyzed the appointment of an ambassador). It has also respected the timid commercial and financial opening operated by the Democratic president, but as long as the economic transactions do not take place with companies linked to the Cuban Army, intelligence and security services. In this regard, the department of the Treasury published on November 8, 2017 a list of companies in those sectors with which no subject of contact US fits.
Regarding travel, the restricted assumptions for American travel to the island are maintained, but in contrast to the blind eye adopted by the Obama Administration, the Trump Administration requires that Americans who want to go to Cuba must do so on tours conducted by American companies, accompanied by a representative of the group sponsor and with the obligation to communicate the details of their activities. The Treasury's rules and regulations requires that stays be in private hostels (casas particulares), meals in restaurants run by individuals (paladares) and shopping in stores run by citizens (cuentapropistas), with the purpose to "channel funds" away from the Cuban army and weaken communist policy.
Reduced tourist expectations led already at the end of 2017 to the fact that several US airlines had cancelled all their flights to the Caribbean island. The Cuban Economics had counted on a large increase in US tourists and yet now had to face, without higher revenues, the serious problem of falling shipments of cheap oil from Venezuela.
Future of diplomatic relations
The greatest tension between Washington and Havana, however, has not been in the commercial or economic sphere, but in the diplomatic sphere. Following a series of apparent "sonic attacks" on U.S. diplomats in Cuba, the U.S. recalled much of its staff in Cuba and expelled 15 diplomats from the Cuban embassy in Washington. In addition, the department of State made a recommendation not to travel to the island. Although the origin of these alleged attacks, which the Cuban authorities deny having carried out, has not been clarified, it could be the accidental side effect of an espionage attempt, which would have eventually caused brain damage to the people being monitored.
The future of relations between the two countries will depend on the direction taken by Trump's policies and the pace of reforms that the new Cuban president may establish. Given that not many changes are foreseen in Miguel Díaz-Canel's management , at least as long as Raúl Castro lives, Havana's immobility in the political and economic fields would probably continue to run up against Trump's anti-revolutionary rhetoric.
▲Flags of the United States and Japan at a ceremony welcoming the U.S. vice president in Tokyo in February 2018 [White House].
COMMENTARY / Gabriel de Lange [English version].
In recent decades, China has grown in economic and political strength. The inclusion of the document "Xi Jinping's Thought on Socialism with Chinese Characteristics for a New Era" in the Constitution of the Chinese Communist Party (CCP), carried out during the 19th congress of that party in October 2017, and the amendment of the country's Constitution to eliminate the limit of two consecutive presidential terms, approved by the plenary session of the Executive Council of the People's Congress of China in March 2018, have meant the consolidation of power of the current Chinese leader.
For its part, the United States has been criticized on multiple fronts for its relations in Asia. Authors critical of the Trump Administration believe that its policies toward North Korea, China and the region in general are "damaging US interests" in the Asia-Pacific. The withdrawal from the agreement Trans-Pacific Partnership (TPP)has"undermined the influence" of the U.S. to shape the regional future, giving China the opportunity to do so on its own terms. The withdrawal from the TPP has left many Asian countries wondering what Washington brings to the table in economic terms and looking to China to fill the void.
One of the main factors that lead Asian countries to maintain a certain distance from China and closer proximity to the United States are the problems in the South China Sea. As in the case of the Philippines with the Spratly Islands or Vietnam with the Paracel Islands. The concern of those countries about Chinese intentions has pushed them to a rapprochement with the US. Unfortunately for Washington, that rapprochement depends on China's own decision whether or not to insist on its claims to particular islands. The Xi Administration may decide that the benefits of stronger relations with its neighbors are more important than these disputed territories.
The question now is: who will the other Asian countries, especially the members of ASEAN (association of Southeast Asian Nations), look to as a political ally? With signs of steady, stable and enduring power under the consolidated authority of Xi Jinping, compared to a seemingly unpredictable, divided and internationally criticized Trump Administration, no one can be surprised that regional neighbors may lean more towards China in the near future.
▲Enrique Peña Nieto and Donald Trump at the July 2017 G20 summit in Hamburg [Presidency of Mexico].
ANALYSIS / Dania Del Carmen Hernández [English version].
Canada, the United States and Mexico are immersed in the renegotiation of the North American Free Trade Agreement (NAFTA). The trade agreement between these three countries has been somewhat controversial in recent years, especially in the US, where its advisability has been questioned. During the presidential campaign, Donald Trump defended the cancellation of the treaty; later, already in the White House, he accepted that there would be a renegotiation. Trump argued that the pact has reduced US manufacturing jobs and generated a trade deficit of more than $60 billion with Mexico ($18 billion with Canada), so unless new conditions substantially reduced that deficit, the US would withdraw from agreement.
Overall, Americans have positive views of the treaty, with 56% of the population saying NAFTA is beneficial to the country, and 33% saying it is detrimental, from agreement with a November 2017 Pew Researchsurvey . Among those who hold a negative view, the majority are Republicans, with 53% saying Mexico benefits the most, while Democrats overwhelmingly support the pact and only 16% view it negatively.
Regardless of public acceptance, opinion about the treaty has not always been so dubious. When President Bill Clinton ratified the treaty, it was considered one of the greatest achievements of his presidency. Just as globalization has liberalized trade around the world, NAFTA has also expanded trade very effectively and presented a great issue of opportunities for the U.S., while strengthening the U.S. Economics .
Under NAFTA, trade in U.S. goods and services with Canada and Mexico grew from $337 billion in 1994, when the treaty entered into force, to $1.4 trillion in 2016. The impact has been even greater when taking into account cross-border investments between the three countries, which went from $126.8 billion in 1993 to $731.3 billion in 2016.
Washington's concern is that, despite this increase in trade volume, in relative terms the United States is not achieving sufficiently fruitful results compared to what its neighbors are getting from the treaty. In any case, Canada and Mexico accept that, after almost 25 years in force, the treaty must be revised to adapt it to the new productive and commercial conditions, marked by technological innovations that, as is the case of the Internet development , were not contemplated when the agreement was signed.
Round-by-round examination
The discussion of the three countries touches on numerous aspects, but three blocks can be mentioned, which have to do with certain red lines set by the different parties to the negotiation: the rules of origin; the desire of the United States to end the independent arbitration system, through which Canada and Mexico have the ability to end measures that violate the trade agreement (elimination of Chapter 19), and finally proposals, perhaps less decisive but equally important, aimed at the general update of the treaty.
When negotiations began in August 2017, it was expressed that they could be concluded by January 2018, with six rounds of meetings planned. This issue is already being exceeded, with a seventh round at the end of February, possibly to be followed by others. Now that the initial deadline has been reached, however, it is time to review the status of the discussions. A good way to do this is to follow the evolution of the talks through the rounds of meetings held and thus be able to assess the results that have been recorded so far.
Last North American Summit, with Peña Nieto, Trudeau and Obama, held in Canada in June 2016 [Presidency of Mexico]. |
1st Round (Washington, August 16-20, 2017)
The first round of negotiations put on the table the priorities of each of the three countries; it served to set the diary of the main issues to be discussed in the future, without yet addressing concrete measures.
agreement First of all, Donald Trump already made it clear during his election campaign that he considered NAFTA to be unfair to the United States due to the trade deficit that the United States has mainly with Mexico and, to a lesser extent, with Canada.
According to figures from the Office of the US Trade Representative, the US went from a surplus of $1.3 billion in 1994 to a deficit of $64 billion in 2016. Most of this deficit comes from the automotive industry. For the new U.S. Administration, this calls into question whether the agreement will have beneficial effects for the domestic Economics . Mexico, less inclined to introduce major changes, insists that NAFTA has been good for all parties.
Another topic was the wage gap between Mexico and the United States and Canada. Mexico argues that, despite having one of the lowest minimum wages in Latin America, and having had a stagnant average wage for the last two decades, this should not be taken into account in the negotiations, as it believes that Mexican wages will gradually catch up with those of its trading partners. On the contrary, for the US and Canada it is a topic of concern; both countries warn that a wage increase would not harm the growth of the Mexican Economics .
Rules of origin was one of the main topics of discussion. The United States is seeking to increase the percentage of content required to consider a product as originating so that it is not necessary to pay tariffs when moving it between any of the three countries. This was controversial in this first round, as it could negatively affect Mexican and Canadian companies. Specialists warn that the minimum national content requirement does not exist in any free trade agreement in the world.
Finally, the Trump administration hinted at its intentions to eliminate Chapter 19, which guarantees equality in resolving disputes between countries, so that it is not the national laws of each country that resolve the conflict. The United States sees this as a threat to its sovereignty and believes that conflicts should be resolved in such a way that its own democratic processes are not ignored. Canada has conditioned its continued membership in the treaty on the maintenance of this chapter. Mexico also defends guarantees of independence in conflict resolution, although so far in this discussion it was not categorical.
2nd Round (Mexico City, September 1-5, 2017)
Although considered successful by many analysts, the second round of renegotiation continued at a slow pace. Some of the issues that advanced were: wages, market access, investment, rules of origin, trade facilitation, environment, digital trade, SMEs, transparency, anti-corruption, agriculture and textiles.
The president of committee coordinator Mexican Businessmen, Juan Pablo Castañón, insisted that for the moment the wage issue was not subject to negotiation, and denied that any of the parties had any intention of leaving the treaty, despite threats to that effect from the Trump Administration. Castañón said he was in favor of Mexico supporting the maintenance of Chapter 19 or the establishment of a similar instrument for the settlement of trade disputes between the three countries.
Round 3 (Ottawa, September 23-27, 2017)
The delegates made important advances in policies on skill, digital commerce, state-owned enterprises and telecommunications. The main progress was on some aspects related to SMEs.
Canadian Foreign Minister Chrystia Freeland complained that the United States had not made any formal or written proposals in the most complex areas, which in her opinion demonstrates a passive attitude on the part of that country in the context of the negotiations.
U.S. Trade Secretary Robert Lighthizer said that his country is interested in increasing wages in Mexico, under the logic that this is unfair skill , as Mexico has attracted factories and investment with its low wages and weak union rules. However, Mexican business and union leaders are resisting such pressures.
Canada stood firm on its position on Chapter 19, which it considers one of the great achievements of the current agreement. "Our government is absolutely committed to defending it," Freeland said. Washington raised, although without presenting a formal proposal , the modification of the rules of origin to make them stricter and prevent imports from other nations from being considered "made in North America", just because they were assembled in Mexico.
This round took place as the United States slapped a tariff of nearly 220% on C Series aircraft made by Canadian aircraft manufacturer Bombardier, which it considered that business had used a government subsidy to sell its aircraft to the U.S. at artificially low prices.
Round 4 (Virginia, October 11-17, 2017)
The United States presented its formal proposal to raise the rules of origin for the automotive industry and its suggestion to introduce a sunset clause to agreement.
The United States proposed raising from 62.5% to 85% the percentage of components of national origin from one of the three countries in order for the automotive industry to benefit from NAFTA, and that 50% be of U.S. production. association The Mexican Automotive Industry Association (AMIA) rejected proposal.
Washington's interest in weakening the dispute settlement system within the treaty (Chapter 19) was also debated, without a rapprochement of positions.
Finally, there was talk of including a sunset clause, which would cause the treaty to cease to exist after five years, unless the three countries decide to renew it. This proposal was widely criticized, warning that this would go against the essence of agreement and that every five years it would generate uncertainty in the region, as it would affect the investment plans of companies.
These proposals add to the tough negotiating climate, as already in the third round the United States had begun to defend difficult proposals, on issues such as lawsuits for dumping (selling a product below its normal price) in the importation of perishable Mexican products (tomatoes and berries), government purchases and the purchase of textiles.
Round 5 (Mexico City, November 17-21, 2017)
The fifth round took place without much progress. The U.S. maintained its demands and this generated great frustration among the representatives of Mexico and Canada.
The United States received no alternatives to its proposal of wanting to increase the regional composition from 62.5% to 85%, with at least 50% being U.S.-based. On the contrary, its trading partners put on the table data showing the damage that this proposal would cause to the three economies.
Faced with the U.S. desire to limit the issue of concessions that its federal government offers to Mexican and Canadian companies, Mexican negotiators responded with a proposal to limit the country's public contracts to issue of contracts reached by Mexican companies with other governments under NAFTA. Given that the issue of these contracts is quite small, U.S. companies would be restricted in their contracting.
At the end of this fifth round, the most advanced issues are the regulatory improvement of telecommunications and the chapter on sanitary and phytosanitary measures. With the latter, the Americans seek to establish new transparent and non-discriminatory rules, allowing each country to establish the Degree protection it deems appropriate.
Round 6 (Montreal; January 23-29, 2018)
The sixth negotiation showed some progress. The chapter on corruption was finally closed, and there was progress in other areas. Some of the important issues that had been left aside in the previous negotiations were discussed. Progress is slow, but seems to be making headway.
Robert Lightizer rejected the compromise on rules of origin that Canada had previously proposed. The framework was based on the idea that rules of origin should be calculated to include the value of software, engineering and other high-value work, facets that today are not taken into account with a view to goal regional content.
As a form of pressure, Canada threatened to reserve the right to treat its neighboring countries worse than other countries if they enter into agreements. One of them could be China. The proposal was not considered, as the United States and Mexico found it unacceptable.
Beyond the deadline
After more than seven months of meetings, as reflected in this round-by-round review of the talks, the negotiations between the three countries have still not reached the threshold of a pre-agreement that, while awaiting the resolution of more or less important points, would confirm the shared will to continue NAFTA. The hard stances of the United States and the pressure from Canada and Mexico to save the treaty have so far resulted in a "tug of war" that has allowed some partial, but not decisive result . Thus, it is yet to be determined whether the treaty has actually reached its expiration date or whether it can be reissued. For the time being, the three countries are at agreement working towards a renewed treaty.
From what has been seen so far in the negotiations, it is difficult to determine which country will be more willing to yield to the pressure exerted by the others. The most controversial issues have hardly been addressed until recently, so it is not possible to say what each country has achieved in this negotiation process.
The two neighbors of the United States, but especially Canada, continue to warn of the risk of Trump wanting to kill the treaty. An acceleration of the negotiations could help the positive resolution of the process, but the electoral calendar rather threatens postponements. On March 30, campaigning begins for Mexico's presidential election, which will take place on July 1. In September, the U.S. will begin to look more closely at the November congressional elections. A substantial breakthrough before the Mexican presidential elections could put agreement back on track, even if some issues remain to be closed, but if no breakthrough is made in the next meetings, the three countries could be getting used to the idea of the end of NAFTA, which would weigh down the negotiations.