Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Don't be 'too concerned' about 'Buy American' stimulus clause: Obama

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Latest Breaking News Donate to DU
 
CHIMO Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-17-09 09:19 PM
Original message
Don't be 'too concerned' about 'Buy American' stimulus clause: Obama
Source: CBC News

Canadians should not be "too concerned" with a "Buy American" clause in the U.S. economic stimulus package, President Barack Obama told CBC News in an exclusive interview from Washington on Tuesday, when he also signed the $787-billion US spending plan into law.



Read more: http://www.cbc.ca/canada/story/2009/02/17/obama-cbc.html



"too concerned"

Not sure what that means!
Printer Friendly | Permalink |  | Top
Liberal Veteran Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-17-09 09:22 PM
Response to Original message
1. After all, Canada is America too.
:D
Printer Friendly | Permalink |  | Top
 
CHIMO Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-17-09 09:23 PM
Response to Reply #1
3. Yep
And it is also part of North America!
Printer Friendly | Permalink |  | Top
 
HeresyLives Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-17-09 09:27 PM
Response to Reply #1
5. Canada is NOT America.
North American, yes. USians, no.
Printer Friendly | Permalink |  | Top
 
CHIMO Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-17-09 09:33 PM
Response to Reply #5
7. Canada
Edited on Tue Feb-17-09 09:44 PM by CHIMO
Is just as much America as is the US or Brazil or many others.

One just needs to understand the term American.
Printer Friendly | Permalink |  | Top
 
HeresyLives Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-17-09 09:45 PM
Response to Reply #7
11. I understand the term just fine, thanks.
As I said, we are North Americans, we are not USians.

Since we are discussing a signed trade deal, it's an important distinction.

Printer Friendly | Permalink |  | Top
 
CHIMO Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-17-09 09:47 PM
Response to Reply #11
13. You're
Most welcome.
Printer Friendly | Permalink |  | Top
 
happyslug Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 09:31 PM
Response to Reply #5
81. What, Canada is only independent of the US because of the British Navy
With the British Navy controlling the coast AND the British Army keeping the French in line (The Loyalty of the French Canadians were well known during the Revolution, we only raised three Regiments of Infantry out of what in now Quebec, one surviving long enough to be with Washington at Yorktown, six years after any American Control of Quebec had ended).

Now, William Rogers (Of Roger's Ranger Fame from the French and Indian war) raised a regiment of Volunteers for the British, later called the Queen's Rangers, they surrendered at Yorktown to Washington and later settled in Ontario (where the Regiment still exists). This settlement of this regiment was important for the British for it provided the base for other loyalist Americans to re-settle in Ontario and provide the leadership of Ontario and modern Canada. This was important for after the Revolution both Britain and American went into severe Depression, which did not end till after about 1800. One of the Chief reason for the adoption of the Constitution in 1787 was how bad the economy had gone in the years since the end of the Revolution. Times were tough. This is considered the worse period in American History with the possible exceptions of the 1830s, 1870s and 1930s (And today, if the situation gets much worse). The economic situation had been building up for decades and was the chief reason the Revolution was fought (Benjamin Franklin made the comment had the British left Pennsylvania keep up its practice of issuing paper money the Revolution would never have occurred, but the British did, the Americans were cash short do to the British Ban on Paper money that Independence looked better and better, but I am getting off the subject).

Anyway, after the Revolution New England had a severe depression, farmers looked west for new lands. Britain wanted new settlers in Ontario, preferable English Speakers that the above people could provide leadership to. Do to the ongoing wars of the French Revolution immigration from Europe, while not unheard of, rare compared to the rates of immigration into the American Colonies pre-1774 (The US also had an acute Shortage of Immigrants during this time period, immigration into American would NOT resume till the Irish Famine of the 1830s). Thus England looked to New England for Settlers. The biggest problem that even British estimates of who supported the American Revolution showed New England Support in the high 90% range (The South was about 50/50 the Middle Colonies 1/2 for the Revolution, 1/4 neutral and 1/4 somewhat pro British, and remember these are ENGLISH estimates NOT America Estimates, American Estimates tend to make the Pro-USA percentage higher then these figures).

Thus England wanted Settlers and the only place they could come from was New England (In the US most Movement west was almost straight west, with New Englanders moving to both sides of the Great Lakes. Pennsylvanians and Virginians along the Ohio rivers. Up State New York to the Great lakes while lower New York (New York City Area) going with the Pennsylvanians. Virginians to Kentucky (Just South of the Ohio), Carolinas to Tennessee, Georgians and Carolinas to Alabama and Mississippi (There are exceptions to this rule, for example the California Gold Rush was mostly New Englanders and New York City Residents going to California via Ship either via the Magellan Straits OR Panama).

Back to Canada and New England. Thus in the period between 1790 and 1830 the movement into Ontario was mostly from New England, where over 90% of the people supported the Revolution. These were the poor Farmers from New England not the Ruling Elite (Through some of them went over, but very few for the British demanded a loyalty oath which the poor could take for it was meaningless to them, they had nothing to lose and no one to say they or their father had served at Bunker Hill), the elite were to well known so if they went west they stayed south of the Lakes. As I said above the leadership of Upper Canada had fought against the Revolution, but needed workers. The only source was New England and so they went and convinced New Englanders to move to Upper Canada and get free land. New Englanders jumped at this chance for free land given the lack of opportunities in New England during that period of Depression.

Thus Upper Canada developed a split personality, the ruling Elite, while still "Americans" were opposed to the USA, while the poor farmers and workers (And most people were farmers then) were pro-USA for they or their fathers had fought for it, but went to Canada for the land. As long as no conflict existed between the US and Britain no problem. When the War of 1812 broke out, a major problem. If the Canadian Militia could be used AND not fire their weapons at American Troops, they were reliable (See the British taking of Fort Detroit where the British dressed the Canadian Militia in British Uniform and the American mistaking them for British Regulars evacuated Detroit rather then putting the Canadian Militia to the Test. A few years later, when the US Invaded Upper Canada in the Battle of the Thames, the Canadian Militia was seen for what it was, something that had taken an oath to its King but did NOT want to Fight its Country (i.e. the USA)> While the Militia was not entirely ignored by the Attacking Americans, the fight quickly became a fight between the Indians and British Regulars under Tecumseh and the Americans. The British Commander at that time (The British Commander who had taken Detroit previously was by then dead) kept the Canadian militia around more to prevent them from Joining the Invading American then for any use against the Americans.

Side Note: In the Battle of the Thames, Tecumseh was killed and for all practical purposes the war was over, Tecumseh's proposed Indian Confederation died with him. The American army continued to the then City of York (Now Toronto), reaching the town and setting it on fire (There is a debate on why the fire was started, there was NO order ever given to start such a fire). By all Accounts overall command of the Army had ended right after the Battle of the Thames (The US Militia had only joined the fight to kill Tecumseh, who they view as the greatest threat to them, once he was dead they all wanted to go home, but the Army Leadership wanted to go forward to Toronto). The Army clearly dissolved while before it return to US soil AFTER taking Toronto (Many American Militiamen taking the opportunity to visit relatives living in Canada, remember most of the Militia on both sides were from New England).

While many people believe Canada became more and more Independent of both Britain and the US, economical the ties to the US expanded after 1812. The Erie Canal was not only a boom to New York State but anyone who wanted to ship to Europe from the Great Lakes, you no longer had to haul the cargo around Niagara falls. The Erie Canal was longer, but less of a climb up and down (In fact the first efforts to get around Niagara fall was do to British Fears of lost trade do to the Erie Canal). Canada even adopted the Dollar as its Currency in the mid 1800s do to its greater trade with the US then Britain (US and Canadian dollars were exchanged on a one to one basis except during the US Civil War, when the US Dollar dropped drastically compared to the Canadians Dollar).

The fact that Canada was subject to Free trade under British law, while the US had A tariff also came into play, most factories were built south of the lakes do to the fact no import duties were imposed if made in the USA but then shipped into Canada, but an import tax was imposed if made in Canada and imported into the US. Canada was also a source of Smuggled goods into the US around the Tariff.

The Connections between the US and Canada can also be seen in the US Civil War. From the start of the War, Canadians were serving in the US Army, even while it became clear Britain was supporting the South. The Canadian Militia went through two reorganization during the US Civil War in anticipation of an attack on Canada upon British Intervention on the side of the South. Both Reorganization was made to make the Militia more reliable by making it less universal AND more Voluntary (I.e. ending the pre- US Civil War concept that the Canadian Militias, like its American Cousin, consisted of every male capable of baring arms between the ages of 18 and 45 to one where it was reserved to those males who WANTED to serve). While the official reason for this change was to make the Militia more professional, it also reflected that more Canadians of Military Age were serving in the US Army between 1861 and 1865 then were willing to fight for Canada (and that included five Canadians who made General). Now Canadians Historians like to downplay the number of Canadians who served in the Union Army while up playing the number in the Canadian Militia (At least one attacked the numbers cited in the official US Record as being to precise to be accurate given how records were kept at that time period, which is a good line of attack, but then he compares that number to the Number in the Canadians Militias of 1861 BEFORE the above two reorganizations and included it its number many of the same people who were serving in the Union Army). American historians tend to ignore Canadians in the US Army, either ignoring them completely or mixing them in with other volunteers from Europe. The British war Gamers, on the other hand, do probably the best research and work on how well the Canadians Militia was between 1861 and 1865 and how the Canadians in the Union Army would have reacted to a War Between Britain and the US (i.e. the Union loses another 100-200,000 men but Britain loses Canada and the South is still Subject to 12 years of Occupation after the end of the War, this seems to have been the estimates of the British Generals and Admirals of the 1860s and you wonder why Britain did NOT go to war to support the South, an area where it received the vast majority of its Cotton for its then thriving Cotton mills).

The British Military did build up its defenses along the American Border between 1861 and 1865 but these were more a show of support to Canada and maybe something that would slow the Americans down, but never intended to really stop the Americans. Britain finally acknowledge that its rule over Canada was with American Consent when it granted Canada its "Independence" (I know only Dominion status but de facto independence). If the US wanted to take over Canada, Britain was NOT going to stand in the way (let Britain be trampled). This was acceptable to everyone and has been the rule to this day. Canada in Independent of the US because taking it over is NOT worth the costs. Economically Britain handed Canada over to the US when it granted Canada Independence in 1867 but then forbade it from imposing tariff, during a period of high US Tariffs. Canada could import from the US but not export to the US except what the US wanted to help its exports. Canada build a Railroad connecting Western Canada with Eastern Canada, but north of a failed US east-West rail line (I will NOT go into the Northern Pacific Railway, except it was replaced by the Great Northern Railway when the Great Northern was finished in 1905).

More on the Great Northern (Known as the Snake-Belt do to the fact it wiggle its way across the US south of the 49th Parallel. It "wiggled" for under Federal law of the time period the railroad received from the US Government every other sector of land it touched (remember this was unsettled land so we are talking about land that could be sold at a profit to homesteaders). The builders of the Railroad was more interested in getting the land for free then building the Railroad so it wiggled as the builders tried to figure out ways to get the most land possible to sell off later. At list one commentators said it was faster to walk a straight line from the start to the end then take the train on its route. Given that railroad as the American Competition to the Canadian Pacific, the Canadian Pacific was not a threat to US economic Dominance of Canada (and in many ways enhanced it, given the sorry state of the Northern Pacific, which I must repeat has little to do with the much more successful Great Northern, the only American transcontinental railroad built without US Funds).

More on the Northern Pacific:
http://en.wikipedia.org/wiki/Northern_Pacific_Railway
http://www.landgrant.org/history.html

The Great Northern Railway:
http://www.greatnorthernempire.net/
http://www.railserve.com/JJHill.html
http://www.gnrhs.org/

Battle of the Thames:
http://en.wikipedia.org/wiki/Battle_of_the_Thames

Canadian Military Cite, pro-Canada and ignores facts that are NOT pro-Canada (Which is typical of countries with an history the present leadership of that country is unhappy with, other examples of this is the South and Slavery (and segregation) the US as a whole and its treatment of the Indians (Through this is getting better press over the last 100 years or so, I always joked about my grade school, American History till the Civil War, then nothing for their wanted to avoid the labor unrest of the late 1800s).
http://www.cmhg.gc.ca/cmh/en/page_320.asp

Odds and end facts about Canada and the US Civil War:
http://www.thefreelibrary.com/Canajun,+eh%3F-a0102272996
http://ca.geocities.com/docmilner/canadians1.htm
http://www.conservationhamilton.ca/Asset/iu_files/CanadianCivilWar.pdf
http://books.google.com/books?id=tZwp9I8HaSYC&pg=PA200&lpg=PA200&dq=Canadians+in+the+Union+Army&source=bl&ots=9Z0F71e6RR&sig=1wZ-mISBW9WuAaoSatqFE9e8Sj0&hl=en&ei=zQyeSe2gK6CYNa3gjcUL&sa=X&oi=book_result&resnum=9&ct=result

The reason I wrote the Above is simple, Canada and the US are one Country, one nation as those terms are generally used. Canada and the US are two separate states, as those terms are used internationally (i.e. sovereign and Independently Politically from any other state). In most situations, one's Country, Nation and State are the same, but in other their are different. For example the United Kingdom of England, Wales, Scotland and Northern Ireland is one State. It is a internationally legal entity. The concept of nation, unlike the concept of state, implies more then legal togetherness. The Scots, Irish and wales view themselves (to a degree, and no where near the degree it was viewed in the 1700s for example) as separate groups of people, as separate nations. If you were to ask an Irishmen or women if Northern Ireland was part of the STATE of Ireland, he or she would say NO, but if you ask if Northern Ireland was part of the NATION or COUNTRY of Ireland he or she will said yes.

We are running across this problem in Iraq. If you were to ask a Kurd living in Iraq what was his Nation, he or she would say "Kurdistan", for that is where most Kurds live and being a Kurd is more important to him or her then being an Iraqi. If you were to ask him his or her State, he or her will say "Iraq" for that is the name of the legal entitle he or she lives in. If you were to ask him or her what country he or she lived in, he or she could say "Arabia" for that is the name of the region he or she is living in.

i point this out for people may be one one country, made up of different Nations (What Europe is slowly becoming under the concept of the Euro) made up of different States (Again what Europe is becoming and what it was before the raise of the Nation-State about the same time as the protestant Reformation). Ancient Rome, was a legal State (Rome), made up of at least three Countries (Latin West, Greek East and Egyptian South) made up of numerous nations within those Countries. China is a Country made up of many nations (Chinese is NOT a language but an alphabet each of the nations of China understands and uses) that has in the past divide itself into several states (And is today divided into two States, Mainline China and Taiwan). Russia is a State made of many nations (With the Russian being the largest and most important) but belongs to a greater Country presently known as the Former Soviet Union (for lack of a better name) the border of the Country is presently in flux (as it has been for at least 1000 years). Sometime the Country includes the Baltic States and Poland, other times it does not (The Baltic states, Poland and the Ukraine all look like they are staying independent of the former Soviet Country, but that has NOT always been the case). Sometime it includes the Central Asia Republics, other times it does not (At present it looks like these republics are rejoining the former Soviet Country, while maintaining their independent Statehoods and Nationhood).

Canada and the US has the same problem. Neither is a nation based on race (unlike most nations in the world, through the French in Quebec and Louisiana are exceptions to this rule) but on common ideas, that both States share (i.e. both Canada and the US are one Nation). Like modern Europe both the US and Canada view each other as having the same economy. If Canada is attacked the US will react as if it was attack on the US, if the US is attack Canada will do the same EVEN IF BOTH DID NOT HAVE ANY TREATY TO THAT AFFECT (and this has been true for all practical purposes since 1763 when France gave up all claims to Quebec, as shown by the Three Canadian regiments the US raised during the Revolution).

While the US and Canada are one Country and One Nation, they are two different Legal States, and that division is not do to some split internally, but do to the fact Canada was that part of British North America Britain was able to hold onto in 1783. Thus Canada are Americans in all sense of the world except legally, and in many ways that is the least important.
Printer Friendly | Permalink |  | Top
 
iverglas Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 09:51 PM
Response to Reply #81
82. yeesh

History is fascinating, but I'm afraid you've done it some injustice. There is absolutely no basis for the assertion that Canada and the US are "one nation" or "one country". Economic integration is not the determining factor in national identity.

Here is a quite interesting analysis of the effect of the Battle of the Plains of Abraham (La Conquête) on everyone's history.

http://www2.canada.com/ottawacitizen/news/observer/story.html?id=3888828e-7bdc-4970-a465-93a87d78d50a

How the Battle of the Plains of Abraham changed the world

Two hundred and fifty years ago this summer, a long English campaign to drive France out of Canada came to a bloody end in a few minutes of savage, close-range musket fire on the plains outside the walls of Quebec City. But as D. Peter MacLeod writes, din from the battle over what Voltaire once called "a few acres of snow" still echoes both here at home and around the globe.

... Two Hundred and Fifty Years Later

Participants in the Battle of the Plains of Abraham fought for the French empire, the British empire, the Hurons, the Odawas, the Crees, or any one of a dozen other First Nations. But the ultimate result of their battle was the division of the Native lands of North America between two countries so large that they became empires in their own right.

The two imperial states continue to dominate the continent. The United States remains an economic, cultural, and military colossus. Canada, against all odds, survives as a French- and English-speaking country.

Two hundred and fifty years after the event, the Battle of the Plains of Abraham continues to shape our lives and our world.


The fabric of Canadian society is utterly different from the fabric of US society. The national values are different, the national culture is different, the national discourse is different. We like ours, and I'm sure you like yours.
Printer Friendly | Permalink |  | Top
 
CHIMO Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 10:00 PM
Response to Reply #81
83. Obviously Your
View of history is from a certain, may I say, empire orientation.

If you are interested in some other views, I would suggest a read of "The Fight for Canada".

It would certainly give one the opportunity to see some of the background. I wouldn't say blowback.

Printer Friendly | Permalink |  | Top
 
Honeycombe8 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-17-09 11:00 PM
Response to Reply #1
14. I think you meant Canada est America, n'est ce pas?
Mais ouis!

;-)
Printer Friendly | Permalink |  | Top
 
Liberal Veteran Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-17-09 11:35 PM
Response to Reply #14
16. Bien sûr
Printer Friendly | Permalink |  | Top
 
w4rma Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-17-09 09:22 PM
Response to Original message
2. As long as he isn't saying this to China or other nations that have lower wages than us. (nt)
Edited on Tue Feb-17-09 09:23 PM by w4rma
Printer Friendly | Permalink |  | Top
 
HeresyLives Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-17-09 09:27 PM
Response to Original message
4. Americans have signed trade agreements.
They are contracts. Last thing the US needs right now are massive lawsuits or a trade war.
Printer Friendly | Permalink |  | Top
 
CHIMO Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-17-09 09:30 PM
Response to Reply #4
6. Some Trade
Agreements don't mean what they appear to mean.
Printer Friendly | Permalink |  | Top
 
HeresyLives Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-17-09 09:46 PM
Response to Reply #6
12. They are quite clear.
In fact, painfully, excruciatingly, clear.
Printer Friendly | Permalink |  | Top
 
Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 08:30 AM
Response to Reply #12
19. Cite to the pertinent language, please? nt
Printer Friendly | Permalink |  | Top
 
Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 12:52 PM
Response to Reply #12
24. Thought so. nt
Printer Friendly | Permalink |  | Top
 
Angleae Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-17-09 11:17 PM
Response to Reply #4
15. Those trade agreements can be withdrawn from easily.
And we're already in a trade war (and losing).
Printer Friendly | Permalink |  | Top
 
Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 08:29 AM
Response to Reply #4
18. None of those trade agreements entitle Canadians to government bailout $$$. Everyone admits as much
Printer Friendly | Permalink |  | Top
 
pampango Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 01:21 PM
Response to Reply #18
26. Well, not everyone "admits" that.
"The controversial ‘Buy American’ provisions require the purchase of US-made iron, steel and manufactured goods for all building or public works projects that are funded by the massive spending bill. The legislation provides roughly US$ 48 billion for transportation projects and another US$ 30 billion in infrastructure improvements and other spending. It is the dispensing of those funds that would be subject to the ‘Buy American’ requirements.

However, the law allows the purchase of foreign products under three scenarios: if US goods are not available in sufficient quantity or quality; if the use of domestic material would increase the cost of a project by more than 25 percent; or if an agency head deems it “in the public interest” to use foreign materials.

The legislation also states that the domestic-sourcing provisions must be implemented in a way that does not violate Washington’s obligations under international trade rules . Thus, products from NAFTA members Canada and Mexico would in theory be safe from the restrictions , as would goods from countries that have signed bilateral trade deals with the US. Moreover, products from the EU, Japan, Korea, Switzerland and a handful of other countries that, like the US, have signed the WTO’s Agreement on Government Procurement, or GPA, would also be exempted from the ban.

And in a final exemption that was added in the last round of negotiations on the draft legislation, lawmakers added a provision ensuring that the ‘Buy American’ requirements would “not apply to least developed countries to the same extent that it does not apply to the parties of…international agreements.”

http://ictsd.net/i/news/bridgesweekly/41050/
Printer Friendly | Permalink |  | Top
 
Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 01:29 PM
Response to Reply #26
27. You have failed time and again to cite ANY controlling language that entitles Canada to stimulus $$$
I'll bother with your assertions if and when you can provide same. :hi:
Printer Friendly | Permalink |  | Top
 
pampango Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 02:38 PM
Response to Reply #27
28. And I will fail you again. I will, however, quote analysis from other sources
along with links (which you may of course ignore as you wish) rather than just personal opinion on what is covered and what is not which all I seem to see from you. If you do happen to find a source that supports your opinion, please consider sharing it.
Printer Friendly | Permalink |  | Top
 
Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 04:19 PM
Response to Reply #28
30. You don't understand how legal authority works, obviously.
You must either quote the controlling language, or else concede you have no case. Third party "analysis" is useless; either NAFTA entitles Canada to stimulus dollars or it does not.The onus is on those who claim that NAFTA (or WTO, etc.) entitles Canada to share in US stimulus disbursements to produce the evidence that it indeed does.

Barring this, all the "analysis" in the world will not help your cause; since it seems that neither you nor any supplier of your "analysis" can produce such a citation to a controlling source of authority, I will take your post as a tacit admission of the lack of such a source of authority.

And that is how legal authority works. :hi:
Printer Friendly | Permalink |  | Top
 
pampango Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 04:18 PM
Response to Reply #27
29. You're in luck. It's Section 1605(d) of the Act - Buy American.
Subsections a and b deal with the issues in the first 2 paragraphs post 26 above. Subsection c gives department heads the authority to make the exceptions in section b.

Subsection d of Buy American - "This section shall be applied in a manner consistent with United States obligations under international agreements."

Since NAFTA is an international agreement and contains language that preventing Americans and Canadians from discriminating against each other's nationals in the awarding of government procurement projects, it would appear that Canadians have the right to bid on projects under the stimulus bill.

Perhaps you will surprise me, but my guess is that the "controlling language" quest you sought is nothing but a debating tactic. No "controlling language" will actually change your opinion. (That may send a chill down your spine just thinking of the possibility.)

I'm sure that you will enlighten me as to how the statement in the Act that the Buy American clause "shall be applied in a manner consistent with United States obligations under international agreements" does not actually mean what it says.
Printer Friendly | Permalink |  | Top
 
Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 04:23 PM
Response to Reply #29
31. Sorry, nope. The law doesn't work that way.
"This section shall be applied in a manner consistent with United States obligations under international agreements."

Preferring US suppliers may very well be entirely consistent with our international agreements. Maybe it's not. But you have to point out in which way it is not to win this argument.

"I'm sure that you will enlighten me as to how the statement in the Act that the Buy American clause "shall be applied in a manner consistent with United States obligations under international agreements" does not actually mean what it says."

It means what it says, but no more. You're trying to take a shortcut by assuming it says what you want it to say.
Printer Friendly | Permalink |  | Top
 
pampango Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 06:07 AM
Response to Reply #31
35. I am shocked.
I have a feeling that if the section had said "This section shall take precedence over any United States' obligations under international agreements", you would have found that "controlling".

Obviously, if an international agreement allows a preference for US suppliers then that would be permitted under this section, since that would then be "consistent with our international agreements". (Perhaps you can show me controlling language in an international agreement that allows a preference for US suppliers, the you would be right that "(p)referring US suppliers may very well be entirely consistent with our international agreements".)

If an international agreement required equal treatment for US and Canadian suppliers in each other's projects (and one does) then that would be "consistent with United States obligations under international agreements", as well.
Printer Friendly | Permalink |  | Top
 
Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 08:14 AM
Response to Reply #35
38. "I Don't Know is on THIRD!"
Again, legal authority works this way:

Step 1: you assert that the law requires XYZ.

Step 2: you cite a source for that assertion.


(Hint: you've skipped step two! :hi: )
Printer Friendly | Permalink |  | Top
 
pampango Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 08:40 AM
Response to Reply #38
39. I cited the section of the stimulus bill requiring compliance with international agreements
and have previously cited the section of NAFTA ( an international agreement) regarding equal treatment of member country nationals in government procurement.

You choose not to believe that either source is "controlling', yet cite no source to back up your opinion. That's fine. You're entitled to not be convinced of anything you don't want to be convinced of. I realize that citing sources is something that other people are supposed to do, not you. You're good at the debate game.

When I see you ask poster to cite "specific language" or "sources" to prove their point, I'll smile a little knowing that is a goose chase the other poster cannot win. :)
Printer Friendly | Permalink |  | Top
 
iverglas Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 09:10 AM
Response to Reply #39
40. you mean this bit of NAFTA?

http://www.international.gc.ca/trade-agreements-accords-commerciaux/agr-acc/nafta-alena/texte/index.aspx?lang=en#PartIV

http://www.international.gc.ca/trade-agreements-accords-commerciaux/agr-acc/nafta-alena/texte/chap10.aspx?lang=en#Article1003

Part Four: Government Procurement

* Chapter Ten: Government Procurement

http://www.international.gc.ca/trade-agreements-accords-commerciaux/agr-acc/nafta-alena/texte/chap10.aspx?lang=en#SectionA

Section A - Scope and Coverage and National Treatment

Article 1001: Scope and Coverage

1. This Chapter applies to measures adopted or maintained by a Party relating to procurement:

a. by a federal government entity set out in Annex 1001.1a-1, a government enterprise set out in Annex 1001.1a-2, or a state or provincial government entity set out in Annex 1001.1a-3 in accordance with Article 1024;

b. of goods in accordance with Annex 1001.1b-1, services in accordance with Annex 1001.1b-2, or construction services in accordance with Annex 1001.1b-3; and

c. where the value of the contract to be awarded is estimated to be equal to or greater than a threshold, calculated and adjusted according to the U.S. inflation rate as set out in Annex 1001.1c, of
a. for federal government entities, US$50,000 for contracts for goods, services or any combination thereof, and US$6.5 million for contracts for construction services,

b. for government enterprises, US$250,000 for contracts for goods, services or any combination thereof, and US$8.0 million for contracts for construction services, and

c. or state and provincial government entities, the applicable threshold, as set out in Annex 1001.1a-3 in accordance with Article 1024.


http://www.international.gc.ca/trade-agreements-accords-commerciaux/agr-acc/nafta-alena/texte/chap10.aspx?lang=en#Article1003

+ Article 1003: National Treatment and Non-Discrimination

Article 1003: National Treatment and Non-Discrimination

1. With respect to measures covered by this Chapter, each Party shall accord to goods of another Party, to the suppliers of such goods and to service suppliers of another Party, treatment no less favorable than the most favorable treatment that the Party accords to:

a. its own goods and suppliers; and

b. goods and suppliers of another Party.

2. With respect to measures covered by this Chapter, no Party may:

a. treat a locally established supplier less favorably than another locally established supplier on the basis of degree of foreign affiliation or ownership; or

b. discriminate against a locally established supplier on the basis that the goods or services offered by that supplier for the particular procurement are goods or services of another Party.

3. Paragraph 1 does not apply to measures respecting customs duties or other charges of any kind imposed on or in connection with importation, the method of levying such duties or charges or other import regulations, including restrictions and formalities.
Printer Friendly | Permalink |  | Top
 
pampango Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 09:26 AM
Response to Reply #40
41. Yes. n/t
Printer Friendly | Permalink |  | Top
 
iverglas Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 10:20 AM
Response to Reply #41
42. I was meaning it for a third party's benefit. ;)

"The law", in this case, is readily available on the internet, and calls for it to be cited are perhaps just a tad disingenuous, you might agree. ;)
Printer Friendly | Permalink |  | Top
 
pampango Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 10:38 AM
Response to Reply #42
44. Just a tad disingenuous, yes. It's a good debating tactic, though,
at least if you're debating someone like me ( :banghead: ) who falls for it. :)
Printer Friendly | Permalink |  | Top
 
Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 11:58 AM
Response to Reply #42
48. Right. But the bits you've quoted don't say that Canadians are entitled to stimulus $$$!
:hi:
Printer Friendly | Permalink |  | Top
 
Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 11:57 AM
Response to Reply #40
47. We went through this a week or so ago. You must look at the Annexes to determine
if the activity is one that comes under the ambit of NAFTA, and whether the entity in question is one of the enumerated entities that are bound by NAFTA.

If you are so sure of your case, why is your argument so incomplete? Why not look to the annexes, find the enumerated entity that is bound by NAFTA, and then find the enumerated activity that comes under the ambit of NAFTA?

What is gained by this eliding over the operative bits? :shrug:
Printer Friendly | Permalink |  | Top
 
iverglas Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 12:11 PM
Response to Reply #47
50. why don't you say what you mean and mean what you say?

If you wish to rebut something that has been said, feel right free to do it.
Printer Friendly | Permalink |  | Top
 
Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 12:15 PM
Response to Reply #50
51. Because the onus is on the PERSON MAKING THE ASSERTION to prove their case
Edited on Thu Feb-19-09 12:15 PM by Romulox
You can't just quote a block of text, say that it "must" cover the situation in question, and then dare anyone to prove you wrong. It simply doesn't work that way.

At any rate, I can see that you will not (or cannot) cite the operative language that you assert is controlling in this situation. I suggest you join pampagno in claiming that requiring "facts" and "sources" is somehow dirty debating! :rofl: :hi:
Printer Friendly | Permalink |  | Top
 
iverglas Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 12:22 PM
Response to Reply #51
54. quite confusing, this

First you want "the law" and not interpretation, now you want interpretation.

Not very interesting, I'm afraid.
Printer Friendly | Permalink |  | Top
 
Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 12:30 PM
Response to Reply #54
56. It may be confusing to a dabbler, but anyone whose interpreted legal code will be familiar
with how legal authority works.

"First you want "the law" and not interpretation, now you want interpretation.

Not very interesting, I'm afraid."

You've yet demonstrate any law that you've posted is on point with the present situation. Call that "interpretation" if you will, but it is a baseline requirement if you want to discuss these sorts of matters.

Of course, you could just say that it's "common knowledge" that NAFTA controls and pat yourself on the back.
Printer Friendly | Permalink |  | Top
 
iverglas Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 12:36 PM
Response to Reply #56
58. well, friend

I practised law for a dozen years, and I've worked in a field involving mainly interpretation of legislation for a total of some 30 years.

And I'm used to people who have a little learning thinking they are condescending to those who have the real thing.


Of course, you could just say that it's "common knowledge" that NAFTA controls and pat yourself on the back.

I could, and yet I didn't.
Printer Friendly | Permalink |  | Top
 
Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 12:44 PM
Response to Reply #58
61. Well, I'm going to link to the UCC. I assert it controls in this situation
and obviates any NAFTA issue, (but I can't be bothered to point out just how)

http://www.law.cornell.edu/ucc/ucc.table.html

If you disagree with me, or ask me to "show my work", I'm going to appeal to "common knowledge", make an appeal to authority, and (if all else fails)call you names.

Is that how you did it when you were practicing law? :silly:
Printer Friendly | Permalink |  | Top
 
iverglas Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 12:46 PM
Response to Reply #61
62. you needn't have bothered (ed.)
Edited on Thu Feb-19-09 12:49 PM by iverglas

My attention span for this sort of crap has been exceeded.

I can only assume this was your original intention.


Lest you be unclear about what I meant by "this sort of crap", one example would be your misrepresentation of what I said.

What I said was that the contents of NAFTA can be treated as common knowledge, since the text is so readily available to anyone with an internet connection. I did not "appeal to common knowledge" to support any argument I was making.

Printer Friendly | Permalink |  | Top
 
Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 12:50 PM
Response to Reply #62
64. I know, I know. You're right, and could prove how (if you wanted to)
You just don't want to.

Which is why you've spent hours discussing the matter. :silly:
Printer Friendly | Permalink |  | Top
 
Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 11:52 AM
Response to Reply #39
45. No, sorry. That does not get you to where you want to be
Edited on Thu Feb-19-09 12:18 PM by Romulox
"I cited the section of the stimulus bill requiring compliance with international agreements"

Right, but whether or not the stimulus bill requires compliance with international agreements is not the point of controversy.

"and have previously cited the section of NAFTA ( an international agreement) regarding equal treatment of member country nationals in government procurement."

Nope. This is where you've failed to make your case. We went over that in depth, and you were not able to cite any language on point with the stimulus plan.

"When I see you ask poster to cite "specific language" or "sources" to prove their point, I'll smile a little knowing that is a goose chase the other poster cannot win."

LOL. Right. You're the kind of "legal expert" who eschews facts and sources of authority. :rofl:
Printer Friendly | Permalink |  | Top
 
pampango Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 01:39 PM
Response to Reply #45
67. As long as Obama agrees with me, I can accept your disagreement.
When Canada and the European Union balked over the “Buy America” language, the Obama White House pushed back at Democrats in Congress, demanding that lawmakers soften the requirement with language that says it must be “applied in a manner consistent with U.S. obligations under international trade agreements.”

http://www.nytimes.com/2009/02/19/us/19trade.html?hp

If Obama intended to protect the preferences for American suppliers in the Buy American section of the stimulus bill, he would not have insisted on including the clause regarding compliance with international agreements. He would have just told Canada that the provisions of NAFTA do not apply to the stimulus bill or that preferences for American suppliers are consistent with NAFTA. (If you were his advisor, I suspect that's what he would have said.)

Instead he told Canadians in that CBC interview "not to worry too much" about the Buy American requirements of the stimulus. He gives every indication that he intends to implement the stimulus bill in manner that does not discriminate against Canadian suppliers. Perhaps you are right, though, and his insistence on the "compliance with US obligations" clause in the bill and telling the Canadians not to worry are just PR distractions and he fully intends to give preference to American suppliers. Time will tell.

I have stated many times that I am as far from a "legal expert" as one can get. You asked for sources. I found them. So now I'm pretending to be a "legal expert"? You are good.
Printer Friendly | Permalink |  | Top
 
Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 05:21 PM
Response to Reply #67
76. Obama is a neoliberal; so are you. That doesn't have a THING to do with what NAFTA requires. nt
Printer Friendly | Permalink |  | Top
 
iverglas Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 10:32 AM
Response to Reply #31
43. you not got google?

In that case, post 40 might be of considerable assistance to you.

I asked my google for nafta procurement. It worked a dream.


Preferring US suppliers may very well be entirely consistent with our international agreements. Maybe it's not. But you have to point out in which way it is not to win this argument.

If you need an explanation of "national treatment", I'll try to assist, once I get some work done.


Reference to informed commentary can be very useful in advancing a discussion.

http://www.theglobeandmail.com/servlet/story/RTGAM.20090206.wbuyamerica06/BNStory/International/home
Faced with the choice of a domestic or foreign supplier, governments may opt for the all-American bid to avoid problems, forcing foreign suppliers to seek arbitration either through the North American free-trade agreement or World Trade Organization rules, Mr. Hufbauer pointed out. That process could take a year or more, or long after the stimulus cash has been spent.

Canada knows well just how useful NAFTA is when push comes to shove. Google softwood lumber dispute.

"Libel chill" is how the rich prevent people from exercising their right to freedom of speech: by threatening very expensive litigation against very deep pockets.

"Buy American" policies could have the same effect: suppliers from other NAFTA countries may just not bother trying to enforce their rights. "Buy American" sounds very much like You want a piece of us? Come and get it. And maybe, one day, after a lot of expensive litigation and us ignoring the results, you'll get a fraction of what you're entitled to.
Printer Friendly | Permalink |  | Top
 
Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 11:54 AM
Response to Reply #43
46. Because it's not MY assertion. The onus is on the asserter to prove their point.
You haven't cited to any source that makes stimulus disbursements subject to NAFTA. :hi:
Printer Friendly | Permalink |  | Top
 
iverglas Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 12:10 PM
Response to Reply #46
49. some things are common knowledge

A knowledge of the contents of NAFTA on the part of anyone who chooses to discuss it in public really ought to be a given.

You haven't cited to any source that makes stimulus disbursements subject to NAFTA.

I don't think it's my job to interpret NAFTA for you.

Actually, I thought you didn't want interpretations. You wanted "the law".

You got it. Maybe you can say why you don't think it covers stimulus disbursements.

Specifically, is there some sense in which a stimulus disbursement, when used by a government to procure goods or services, is not government procurement?

Seems kinda tautological to me.
Printer Friendly | Permalink |  | Top
 
Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 12:17 PM
Response to Reply #49
52. LOL. Now we're relying on "common knowledge" of what is in NAFTA?
"I don't think it's my job to interpret NAFTA for you."

LOL. It's your job to cite to the controlling section if you are asserting the language is indeed controlling.

"Actually, I thought you didn't want interpretations. You wanted "the law".

You got it. Maybe you can say why you don't think it covers stimulus disbursements."

Nope. This "prove a negative" stuff is not how legal construction works.
Printer Friendly | Permalink |  | Top
 
iverglas Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 12:21 PM
Response to Reply #52
53. how legal construction works

If I appeared in a court and presented a law that, on the face of it, governed the situation in issue, and you said "no it doesn't", who do you think would win?

Winning is not an issue here, at least in my mind. This isn't a court; this is a discussion forum. I'd be quite interested in seeing what you are relying on. I could find it -- I do have NAFTA in my own files, actually -- but I'm rather busy at the moment. If you don't want to engage in discussion of the issue at hand, don't. No skin off my nose.
Printer Friendly | Permalink |  | Top
 
Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 12:25 PM
Response to Reply #53
55. Unfortunately, you've failed to make a prima facie case,
Edited on Thu Feb-19-09 12:34 PM by Romulox
because the section of NAFTA you've quoted says:

1. This Chapter applies to measures adopted or maintained by a Party relating to procurement:


Issue 1: we must define "procurement"

a. by a federal government entity set out in Annex 1001.1a-1, a government enterprise set out in Annex 1001.1a-2, or a state or provincial government entity set out in Annex 1001.1a-3 in accordance with Article 1024;


Issue 2: Are the entities in question enumerated in Annex 1001.1a et seq.?

Issue 2a: Since the disbursements will largely be made by states, is this language on point in the first place? (US States are not "a federal government entity")

b. of goods in accordance with Annex 1001.1b-1, services in accordance with Annex 1001.1b-2, or construction services in accordance with Annex 1001.1b-3; and


Issue 3: Are the goods, services, and construction services in the stimulus plan enumerated in Annex 1001.1b?

We could go on, but since I know that neither you nor pampagno will pursue any of these points any further, there is little use in doing so. And that is how legal construction works. :hi:
Printer Friendly | Permalink |  | Top
 
iverglas Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 12:34 PM
Response to Reply #55
57. I'm very uninclined

to converse with anyone so obnoxious.

We could go on, but since I know that neither you nor pampagno will pursue any of these points any further, there is little use in doing so.

Really? You know that how? Just psychic? Or based on past experience, because you so often find that people are so uninclined?


http://www.international.gc.ca/trade-agreements-accords-commerciaux/agr-acc/nafta-alena/texte/chap10a.aspx?lang=en#Annex1001.1a-3

http://www.canadainternational.gc.ca/sell2usgov-vendreaugouvusa/opportunities-opportunites/opportunities-debouches.aspx?lang=eng
NAFTA Chapter 10 and state procurement preferences

NAFTA Chapter 10 coverage on government procurement is limited to the federal level. NAFTA Chapter 10 encourages, but does not require state, provincial or local buyers to provide equal treatment for offerors from outside their jurisdictions. Therefore, U.S. states may apply these preferences, which might disadvantage Canadian firms in their state and local government purchasing.

Types of state preferences

Reciprocal preferences - These preferences are applied against out-of-state bidders when their jurisdiction of origin applies preferences against out-of-state bidders. In other words, state A will apply the same preferences against companies from state B that state B applies to companies from state A.

Tie bid preference - When two bidders propose the same price for the same contract, the in-state bidder will be favoured. This is not always codified. For example, Kentucky has an informal tie bid preference.

Specific product preferences - Specific product preferences are most often agricultural products, including fisheries, steel, and printing products and services which must be procured from within the state unless unavailable.


I hesitate to interpret ... but evidently the negotiations referred to in the annex have not come to any fruition.

I actually haven't paid huge attention to the provisions of the US bill. If federal disbursements to states are subject to "buy American" provisos, there seems to be a potential issue.

But I'm sure you think there isn't, and you won't be stating your reasons.
Printer Friendly | Permalink |  | Top
 
Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 12:39 PM
Response to Reply #57
59. I don't mean to be obnoxious, but I've *hinted* at the above points several times
When you claim that you have some special insight into NAFTA, of course I will assume you have considered the above points. When you refuse to do so, I assume you are unwilling (or unable).

"I hesitate to interpret ... but evidently the negotiations referred to in the annex have not come to any fruition."

If you are suggesting the annexes do not contain lists of enumerate entities and enumerated activities, I'm sorry, but you're wrong.

"I actually haven't paid huge attention to the provisions of the US bill. If federal disbursements to states are subject to "buy American" provisos, there seems to be a potential issue."

"If" is a lot different than asserting that NAFTA controls. Do you see how frustrating it is debating this sort of issues with people who want to take shortcuts to the end? You've conceded that you don't know how (if at all) NAFTA controls this situation, but only after numerous posts pointing out that the blocks of text you are quoting don't hold the answer to the question.

And then you call *me* obnoxious for spelling it out to you in baby steps? Aiyaaa! :silly:
Printer Friendly | Permalink |  | Top
 
iverglas Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 12:43 PM
Response to Reply #59
60. hinting is awfully cute

It is not how intelligent adults of goodwill engage in civil discourse.


If you are suggesting the annexes do not contain lists of enumerate entities and enumerated activities, I'm sorry, but you're wrong.

I don't believe I was suggesting any such thing.

If you want to know what I was talking about, I guess you'll have to figure it out for yourself. That's how we're playing this game, right?


"If" is a lot different than asserting that NAFTA controls.

The operative language in my statement would actually be "there seems to be".


You've conceded that you don't know how (if at all) NAFTA controls this situation

Actually, no. I have said there appears to be an issue. One that you plainly have no intention of discussing civilly.

Ta ta.
Printer Friendly | Permalink |  | Top
 
Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 12:47 PM
Response to Reply #60
63. I was trying to spare your feelings. I didn't hint. I spelled it out.
Edited on Thu Feb-19-09 12:48 PM by Romulox
"The operative language in my statement would actually be "there seems to be"."

"Seems" sounds like something less than an assertion of knowledge (which is what you were making earlier! :hi: ) You claim to be a lawyer; would you write "the statute seems to control in this situation" in your brief??? :silly:

"Actually, no. I have said there appears to be an issue. One that you plainly have no intention of discussing civilly."

LOL. You're the one engaging in name calling. Did you do that when you lost an argument when you practiced law? :hi:
Printer Friendly | Permalink |  | Top
 
iverglas Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 12:50 PM
Response to Reply #63
65. I dunno

Do you stick these things all over your briefs?

:silly: :hi:

Or perhaps you don't practise law.
Printer Friendly | Permalink |  | Top
 
Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 12:51 PM
Response to Reply #65
66. I thought you said "Ta ta" in a huff already. Is this about NAFTA, or your ego? nt
Printer Friendly | Permalink |  | Top
 
pampango Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 01:55 PM
Response to Reply #65
68. The secret, I think, is to never admit defeat and keep repeating, "You haven't made your case."
The good news is that, while only time will tell, I believe Obama agrees with you and me that the stimulus bill will be implemented "in a manner consistent with U.S. obligations under international trade agreements" including NAFTA and that includes the provisions that prevent either country from discriminating against suppliers from the other country.
Printer Friendly | Permalink |  | Top
 
iverglas Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 01:59 PM
Response to Reply #68
69. funny thing is

I didn't actually have a case.

I just pointed to the relevant provisions of NAFTA, which somebody seemed to be having a hard time finding. And subsequently suggested that they, and other provisions subsequently, uh, hinted at, appear to raise an issue. There would appear to be an issue as regards procurement by individual states. It's an interesting issue and worth discussing, as so many are. Both from a textual and a philosophical standpoint.

Some people evidently aren't interested in the discussion. Oh well, eh?
Printer Friendly | Permalink |  | Top
 
pampango Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 03:31 PM
Response to Reply #69
70. Surely you don't come to a discussion board to discuss, now do you?
How quaint. ;) You are supposed to come here with a set point of view and defend it tenaciously with the comforting knowledge that you are only proven wrong when you concede it. Therefore, never concede anything and keep requiring more proof. :)

I see your point that the section (Annex 1001.1a-3) dealing with state and provincial government entities does not indicate whether they were subsequently included under the provisions of Article 1003. It looks like states and provincial government entities are not covered.

NAFTA has a provision (Article 1003) preventing discrimination based on nationality in the awarding of federal procurement projects in both countries. There is a list of enumerated activities that are covered by the Article. In the annex there is a list of enumerated executive agencies in all countries that must abide by these rules in the awarding of contracts. It would appear obvious that any enumerated activity administered by an enumerated entity is covered by the nondiscrimination provision. Anything that is not an enumerated activity or is administered by an entity that is not enumerated is not covered by the nondiscrimination provision.


Printer Friendly | Permalink |  | Top
 
iverglas Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 03:47 PM
Response to Reply #70
71. ah, but

If a US state were procuring, using funds provided by the federal govt, on conditions imposed by the federal govt ... would it be acting as an agent of the federal govt?

Just one thing that came to mind to suggest that there might be an issue to discuss. ;)

Can the US fed govt avoid NAFTA by channelling funds to the states rather than spending them directly?

That sort of thing!
Printer Friendly | Permalink |  | Top
 
pampango Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 04:14 PM
Response to Reply #71
73. I suspect that any discussion of that here would not focus on the concept
of state/provincial and local governments as agents of the federal government under certain circumstances.

If one does not like NAFTA, the prospect of expanding its coverage to state/provincial and local governments would be opposed even if that person agreed that those entities can act as federal government agents at times. It is likely that most here would agree that state/local governments being considered as such is a good thing at times, as far complying with federal requirements such as prevailing wage.

I don't know how Canadian politicians are, but American national politicians would be very reluctant to give up their control of large expenditures. Our senators and congressmen like the power that goes with controlling how large amounts of money are spent. To send funds to the states, thereby losing control over how they are spent, would be extremely painful to most of our politicians. Many of them perceive one source of their power is that people have to come to them to fund projects. They don't want to lose the power to control what projects get funded and which don't. They don't want to have to say, "We sent a lot of money to your state. Why don't you go talk to someone there about getting your project funded." :)
Printer Friendly | Permalink |  | Top
 
iverglas Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 04:29 PM
Response to Reply #73
74. and you don't even have

Quebec. ;)

Printer Friendly | Permalink |  | Top
 
Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 05:19 PM
Response to Reply #68
75. I think the secret is to assert that you know the answer, but don't have time to explain
Edited on Thu Feb-19-09 05:19 PM by Romulox
Then, after spending hours upon hours asserting that yours is the only correct interpretation (though you cannot say why) you should call the other party a few names and beat a hasty retreat! :rofl:
Printer Friendly | Permalink |  | Top
 
iverglas Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 05:28 PM
Response to Reply #75
77. gosh, I think you're talking about me

assert that you know the answer

I knew the answer to which bits of NAFTA were being referred to.
So did you.

don't have time to explain

Would you quote me there please?

after spending hours upon hours

Perhaps you actually think this.

I spent several hours today working on something having to do with the review of foreign acquisitions of Canadian corporations. In off moments for part of that time, I chatted with you. I'd be rather surprised if those moments amounted to 15 minutes.

asserting that yours is the only correct interpretation

Ah, I'm beginning to realize you aren't talking about me. Since, of course, I didn't say that.

What I'm missing is where this whole conversation you're referring to took place. Link? I'd love to read it.

call the other party a few names

Of course, if you were talking about me: "obnoxious" isn't actually a name, it's just a descriptive adjective.

beat a hasty retreat

Funny how there seems to be one person not actually engaging in discussion here, and it isn't the person you're talking about, whoever that might be.

Printer Friendly | Permalink |  | Top
 
Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 05:33 PM
Response to Reply #77
78. Sure am! :) nt
Printer Friendly | Permalink |  | Top
 
pampango Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 05:35 PM
Response to Reply #75
79. I believe you are mistaken, my dear Romulox.
Edited on Thu Feb-19-09 05:53 PM by pampango
I'm going to have to ask you to do a little research and tell me when I said I didn't have time to explain (especially in light of my "spending hours upon hours" ( ;) ) in our little back-and-forth. You'll have to help me with the names I have called you, as well.

It is good to hear that you haven't been "asserting that yours is the only correct interpretation". At times you have come close to asserting that expenditures under the stimulus bill are not subject to the provisions of NAFTA (though you haven't said why) which is almost "asserting that yours is the only correct interpretation".
Printer Friendly | Permalink |  | Top
 
Hello_Kitty Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-17-09 09:35 PM
Response to Original message
8. There's NOTHING for anyone to be concerned about!
Read this:

Backgrounder: Companies that Offshored Jobs Attacking "Buy America"/Stimulus on False Grounds



Firms That Sent U.S. Jobs Offshore Now Claim That Investing U.S. Taxpayer Funds in America Is "Protectionism," While Falsely Claiming That U.S. Steel, Iron Requirements for Highway, Transit Projects Violate Trade Pacts
Before any more front-page stories get the facts wrong about the preferences for U.S. steel and iron in the American Recovery and Reinvestment Act of 2009, please be advised: Buy America and Buy American are separate pieces of legislation with separate regulatory requirements and different statuses under U.S. trade agreements. The House stimulus package requirement that U.S. steel and iron be used for federal and state transportation infrastructure projects simply extends existing law (the 1982 Buy America Act) and practice and is EXEMPT from coverage under various trade-agreement procurement rules. (What various U.S. trade pact rules do require and what these two "Buy-A" laws require is discussed below.)

Meanwhile, lobbyists from corporations such as Caterpillar and General Electric seem to be intentionally conflating Buy America and Buy American to falsely claim that the U.S. iron and steel rules violate trade-pact rules. Perhaps the real reason these firms have launched a fact-distorting PR and lobbying effort is because they have moved so much production away from the United States to low-wage foreign venues, meaning that their products may see less benefit from this massive injection of government spending.

As well, the notion that these Buy America provisions will launch a global trade war is ridiculous, if for no other reason than the World Trade Organization (WTO) Agreement on Government Procurement (AGP) applies only to 39 countries with an additional 13 countries being signatories to U.S "Free Trade Agreements" (FTAs). The United States has no trade agreement or other procurement obligations to China, Brazil, India and many other major developing-country industrial powers. Further, any number of laws implemented in any number of countries to date in response to the economic crisis violate WTO rules. But these have not been subject to WTO challenge, which suggests that there is some sort of multinational gentlemen's agreement among WTO signatory governments to ignore each others' take-backs of non-trade policy space to implement needed regulations during this emergency period. Contrary to recent newspaper editorials repeating the hysterical 'launching a trade war' tone of the corporate attack on the Buy America provisions, a review report circulated by the WTO's director general on January 23 concludes that the global economic crisis has so far provoked little "protectionist" reaction from governments in the form of increased tariffs or other barriers to trade.


...more...http://www.citizen.org/trade/offshoring/government/federal/articles.cfm?ID=18343
Printer Friendly | Permalink |  | Top
 
CHIMO Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-17-09 09:42 PM
Response to Reply #8
10. Thanks
For the information.

I also have been given to understand that states are not bound by the NAFTA requirements. Not sure how it applies on the federal level, have read several articles that say they do not have to meet the requirements.

Printer Friendly | Permalink |  | Top
 
pampango Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 08:19 AM
Response to Reply #8
17. Thanks for posting this again. You helped me understand this issue some time ago.
The Public Citizen article pertains to the initial House version of the stimulus bill with its "Buy American" provision. My understanding is that the wording of this provision was modified in the conference bill, now signed into law.

Robert Reich has a blog stating, "The new stimulus bill, for example, requires that the money be used for production in the United States. {He doesn't seem to restrict this to iron and steel used in transit projects.} Foreign governments, along with large U.S. multinationals concerned about possible foreign retaliation, charge this favors American-based companies. That's not quite true. Foreign companies are eligible to receive stimulus money for things they make here (as long as the nations where they're headquartered have signed the WTO procurement agreement). For example, Alstom, the French engineering company, is eligible to receive stimulus funds for the power turbines it produces in Tennessee; Japan’s Sanyo, for the solar cell parts it makes in Oregon; and French-owned Lucent Technologies, for the high-speed internet components it produces here, as well as the research it does here through its research arm, Bell Labs. On the other hand, U.S. Steel may not be eligible for stimulus money for the steel slabs it casts in Ontario, Canada." { {He implies that Canadian producers of power turbines, solar cell parts, and high-speed internet components produced in Canada and US steel produced in Canada will be allowed to bid on stimulus projects rather than only excluding foreign bidders for iron and steel used in transportation projects.}

http://tpmcafe.talkingpointsmemo.com/talk/blogs/robert_reich/2009/02/the-stimulus-and-the-auto-bail.php

Do you know if Reich's interpretation of the final "Buy American" provisions in the law is incorrect or if those provisions were changed in the final bill?
Printer Friendly | Permalink |  | Top
 
Hello_Kitty Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 12:23 PM
Response to Reply #17
22. It's possible that it was changed in the final bill
I haven't read that part of it yet. If it was, then it entirely conceivable be that all the complaining about it backfired, since if what Reich says is true, the new provision is even more "protectionist" than the original law. If you think about it, it makes sense because no Congressperson in his/her right mind is going to strip or dilute a Buy American clause in the current economic climate. Perhaps those crying "protectionism" and "trade war" should have left well enough alone.
Printer Friendly | Permalink |  | Top
 
pampango Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 12:48 PM
Response to Reply #22
23. Thanks for the reply. It will be an interesting read when someone describes what changed
in the Senate version or the conference bill and whether it was a reaction to complaints from other countries or domestic pressure or both. :)
Printer Friendly | Permalink |  | Top
 
Phoenix-Risen Donating Member (66 posts) Send PM | Profile | Ignore Tue Feb-17-09 09:42 PM
Response to Original message
9. Maybe a signing statement is in order
to clarify it.
Printer Friendly | Permalink |  | Top
 
Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 08:31 AM
Response to Original message
20. Sounds a lot like President Obama's NAFTA duplicity on the campaign trail.
He's a "free trader" in California and Ontario, but a staunch defender of the worker in Michigan and Indiana!
Printer Friendly | Permalink |  | Top
 
democracy1st Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 05:56 AM
Response to Reply #20
34. you have to play the cards that your dealt,politics has always been a game
Printer Friendly | Permalink |  | Top
 
Odin2005 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 08:47 AM
Response to Original message
21. He's trying to keep the free trade morons in other countries from reacting stupidly.
The idiots are going on and on about how this is gonna cause a trade war and if Obama doesn't shut them up they will "fulfill their own prophecy" so to speak ass the start moaning and groaning to the WTO.
Printer Friendly | Permalink |  | Top
 
Bragi Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 12:57 PM
Response to Original message
25. It's only federal expenditures that are covered by treaty
The "Buy America" clauses may not apply to direct federal expenditures, but these clauses can be used by States and municipalities receiving bail-out $ to exclude foreign suppliers, including Canadian suppliers.

- B
Printer Friendly | Permalink |  | Top
 
dingerbell Donating Member (4 posts) Send PM | Profile | Ignore Thu Feb-19-09 05:22 AM
Response to Original message
32. H1B-visa issue: VHP calls for boycott of US goods
Printer Friendly | Permalink |  | Top
 
Mr. Hyde Donating Member (314 posts) Send PM | Profile | Ignore Thu Feb-19-09 05:29 AM
Response to Original message
33. What "Buy American" stimulus clause?
Edited on Thu Feb-19-09 05:29 AM by Mr. Hyde
that's what that means.
Printer Friendly | Permalink |  | Top
 
ryanmuegge Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 07:27 AM
Response to Original message
36. ...Because America doesn't make anything to buy.
Don't worry too much about any real change happening, says Mr. Change.
Printer Friendly | Permalink |  | Top
 
pampango Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 07:49 AM
Response to Reply #36
37. Not quite. Check this out.
Printer Friendly | Permalink |  | Top
 
Belial Donating Member (503 posts) Send PM | Profile | Ignore Thu Feb-19-09 04:00 PM
Response to Original message
72. Don't be concerned.. We will just change the rules and make an
exception..
Printer Friendly | Permalink |  | Top
 
CHIMO Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 07:35 PM
Response to Reply #72
80. Right On
Clinton, Obama threaten to withdraw from NAFTA

Democratic presidential hopefuls Hillary Clinton and Barack Obama threatened to pull the United States out of the free trade agreement with Canada and Mexico unless it's renegotiated.

Obama said he agreed with Clinton's criticisms of the deal but insisted he has been consistent on the issue.

"I will make sure that we renegotiate in the same way that Senator Clinton talked about, and I think actually Senator Clinton's answer on this one is right. I think we should use the hammer of a potential opt-out as leverage to ensure that we actually get labour and environmental standards that are enforced.

"And that is not what has been happening so far. That is something that I have been consistent about."

http://www.cbc.ca/world/usvotes/story/2008/02/27/debate-nafta.html

Seems some would say that intentions are becoming soft.
Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Wed Apr 24th 2024, 09:30 PM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Latest Breaking News Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC