In light of recent activity on US trade agreements, here is a quick update on developments with regard to US-China, US-Mexico-Canada (USMCA), and US-Japan. This summary focuses on technology and cybersecurity-related issues affecting private enterprises. The trade agreements are lengthy, so absence of an issue should not be interpreted to mean it is not addressed in the agreement.
A couple top-level highlights:
The China Phase One Agreement takes some steps to improve intellectual property enforcement and prohibit tech transfer requirements. This may reduce some risks of IP theft for businesses operating in China. However, it remains to be seen how stringently China will enforce the agreement.
The USMCA includes the first chapter dedicated to digital trade in a US trade agreement. It includes cybersecurity provisions encouraging Mexico and Canada to implement and promote a risk-based approach to cybersecurity that encompasses the principles of the NIST Cybersecurity Framework (without mentioning the NIST Framework by name). This can help cybersecurity products and services companies refer to a common set of practices and controls when building cybersecurity programs and assessing needs.
US-China Phase One Agreement
Status: The US-China Phase One Agreement was signed on Jan. 15, 2020. A partial rollback of tariffs has also been announced. The US-China Phase One Agreement will not require Congressional approval to enter into force.
Phase One Highlights: Most of the agreement focuses on commodities rather than tech issues. However, there are provisions on IP, tech transfer, and purchase of services.
Intellectual Property (Chapter 1):
Expands the scope of liability for trade secret misappropriation to cover all persons, such as former employees, or " update trade
