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In 2001 some in Congress were already worried about the lack of "transparency" and the obvious usurpation of congressional authority:

The Honorable William J. Clinton
President
White House
1600 Pennsylvania Avenue, N.W.
Washington, D.C. 20500

Dear President Clinton:

We have been encouraged by your Administration's statements in support of increased transparency in the World Trade Organization (WTO). In an October 10, 2000, press release, Ambassador Barshefsky said, "Given the increasing prominence that trade and trade agreements play in the global economy, it is critical that WTO Members immediately improve their communications with the public." She went on to say, "To ensure that they do, we will continue to push for the early release of documents and decisions, which are essential to improving public understanding and support of the WTO's work."

We couldn't agree more with Ambassador Barshefsky, which is why we are writing to encourage you to apply this same principle of openness to the ongoing negotiations of a Free Trade Agreement of the Americas (FTAA).

It is our understanding that negotiations on the FTAA are advancing quickly. Beginning with the Santiago Summit in April 1998, a Trade Negotiations Committee (TNC) was established and nine working groups were set up to negotiate on agriculture, services, investment, dispute settlement, intellectual property rights, subsidies and anti-dumping, competition policy, government procurement and market access. Working groups on labor and the environment were specifically rejected at the Santiago Summit.

While it is difficult to get firm information due to the secrecy surrounding the negotiations, journalists and non-governmental organizations (NGOs) have been informed by other countries' FTAA negotiators that a draft ("bracketed") text will be ready by the end of this year. We understand FTAA negotiators intend to launch the writing of the final text at the next ministerial meeting in Quebec City in April 2001.

From the texts that other countries' negotiators have given to NGOs and from reports by the negotiators, it appears the FTAA is modeled on the North American Free Trade Agreement (NAFTA). Given the broad scope of this approach, and the controversy of NAFTA's investment provisions, the Congress and the U.S. public cannot be left uninformed. As you know, Article II, Section 8 of the U.S. Constitution gives Congress exclusive authority to "regulate Commerce with foreign nations." Consistent with this authority, and to remedy the oversight of not including Congress previously, we ask that you:

Immediately publish all working papers, memoranda, and other text from each of the nine working groups and make the text available to Members of Congress,

Transmit to Congress any additional text or text revisions that become available prior to April 2001 and thereafter,

Provide Members of Congress with a list of the U.S. representatives to the nine working groups in order to promote a more direct dialogue, and

Consistent with your Administration's pledge of transparency, make available to NGOs and the American public through the USTR public reading room and on the USTR's web site all of these materials.
Your Administration has spoken about the need to enhance public support and build a consensus for open trade. This is not going to happen unless the negotiations that lead to such free trade agreements are themselves open. As proven time and time again, the American public and, indeed, citizens around the globe, will no longer tolerate trade agreements dictated to them through secret negotiations.

Members of Congress and the American public deserve at least the same access to the FTAA text that is granted to the more than 500 corporate representatives providing guidance on the negotiations through the trade advisory committee system. In the past, trade policy concerned setting tariffs and quotas, which were primarily of interest to industry. However, as today's international commercial agreements impact much broader areas of public policy, including the environment, consumer and worker safety, and a vast array of domestic regulatory standards, the public and America's congressional representatives have a greater need to see what is being negotiated and have meaningful input into the outcome.

Through making public all draft documents concerning the FTAA, you would demonstrate through deed, rather than just words, that the U.S. government is serious about promoting transparency and openness through globalization.

Thank you for your attention to this matter. We look forward to your prompt reply.

Sincerely,

Pete DeFazio