Proclamation 8818-To Implement the United States-Colombia Trade Promotion Agreement and for Other Purposes
Issued 2012-05-14 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
On May 14, 2012, President Barack Obama issued a proclamation to implement a trade agreement between the United States and Colombia that Congress had previously approved. The proclamation makes the changes to U.S. tariff rules necessary to put this trade agreement into effect. Specifically, it modifies duties on goods traded between the two countries according to what the agreement requires, establishes rules for determining which products qualify for preferential treatment under the agreement, and sets up procedures for managing import quotas on certain agricultural goods.
The action affects trade between the United States and Colombia by removing Colombia from other existing trade preference programs—the Generalized System of Preferences (GSP) and the Andean Trade Preference Act programs—since the new bilateral agreement replaces those benefits. It also authorizes establishing an office within the Department of Commerce to provide administrative support for dispute resolution panels created under the trade agreement.
This matters because it represents the final step in making the U.S.-Colombia trade agreement operational after Congressional approval. The proclamation translates the agreement's terms into specific changes to the official U.S. tariff schedule, affecting how goods from Colombia are taxed when entering the United States and which Colombian products receive duty-free treatment. Congress explicitly authorized the President to make these proclamations in the implementation legislation.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
This proclamation ("Proclamation 8818-To Implement the United States-Colombia Trade Promotion Agreement and for Other Purposes") imposes or modifies tariffs on Agreement and for Other Purposes. The stated rationale is: "to be necessary or appropriate to carry out or apply Articles 2." Under Article I, Section 8, Congress holds the power to "regulate Commerce with foreign Nations" and to "lay and collect Duties." However, Congress has delegated significant tariff authority to the President through statutes like Section 232 of the Trade Expansion Act (national security tariffs) and Section 301 of the Trade Act (unfair trade practices).
The constitutional question is the scope of that delegation. Courts have historically upheld broad presidential trade actions under these statutes. But sweeping tariff measures that effectively rewrite trade policy — affecting billions in commerce — raise non-delegation doctrine concerns. When the executive branch makes economic policy of this magnitude unilaterally, it sits at the edge of the separation of powers.
Official Summary
Administration of Barack Obama, 2012 Proclamation 8818—To Implement the United States-Colombia Trade Promotion Agreement and for Other Purposes May 14, 2012 By the President of the United States of America A Proclamation 1. On November 22, 2006, the United States entered into the United States-Colombia Trade Promotion Agreement (the "Agreement") and on June 28, 2007, the United States and Colombia amended the Agreement. The Congress approved the Agreement, as amended, in section 101(a) of the United States-Colombia Trade Promotion Agreement Implementation Act (the "Implementation Act") (Public Law 112–42, 125 Stat. 462). 2. Section 105(a) of the Implementation Act authorizes the President to establish or designate within the Department of Commerce an office that shall be responsible for providing administrative assistance to panels established under chapter 21 of the Agreement. 3. Section 201 of the Implementation Act authorizes the President to proclaim such modifications or continuation of any duty, such continuation of duty-free or excise treatment, or such additional duties,