Japan to Join European WTO Suit Aga

[sbillenness@xxxxxxxx]

Subject: Japan to Join European WTO Suit Against Mass. Burma Law

NEW ENGLAND BURMA ROUNDTABLE: ACTION ALERT

JULY 7, 1997

JAPAN TO JOIN EUROPEAN WTO SUIT AGAINST MASSASCHUSETTS BURMA LAW

"We will make a final decision, probably next week, to take the case to the
WTO unless we receive a firm commitment from the U.S. by then to abolish
the law."

- Japanese government source commenting on the Massachusetts Burma
selective purchasing law, Japan Times, July 5

In this alert:

1.  Japan to Join European Commission in Taking the Massachusetts Burma Law
at the World Trade Organization
2.  What you can do if you live in Massachusetts
3.  What you can do if you live outside Massachusetts (but live in the US)
4.  What you can do if you live outside the United States
5.  Full Text of the Japan Times article

1. Japan to Join European Commission in Taking the Massachusetts Burma Law
at the World Trade Organization (WTO)

On July 4, the people of the United States celebrated their independence.
But in Japan, a government official told the Japan Times that the Japanese
government planned to join the European Commission (EC) in dictating to
Massachusetts how it should spend its own taxpayers money.

Showing an ignorance of state sovereignty, a Japanese government official
declared that the Japanese government would give the US government a week
to "abolish" the Massachusetts Burma selective purchasing law.

This Japanese government statement follows the June 20 decision by the
European Commission to request formal consultations with the United States
about the Massachusetts Burma law under the World Trade Organization
dispute settlement procedures. These consultations are the final step
before the dispute goes to a formal WTO dispute settlement tribunal. The EC
claims that the Massachusetts Burma law violates an obscure provision of a
WTO Agreement that bars the use of "political" criteria in granting federal
and state procurement contracts.

Modeled after previous South Africa-related legislation, the Massachusetts
Burma selective purchasing law effectively bars Massachusetts state
agencies from buying goods or services from companies that do business in
Burma. Citing the Massachusetts Burma law, several corporations have
withdrawn from Burma. The corporations include Apple Computer, Eastman
Kodak, Hewlett-Packard, Obayishi of Japan and Philips Electronics of the
Netherlands.

Under pressure from corporations affected by the law, the European
Commission and Japan are now trying to use the WTO dispute procedures to
dictate how Massachusetts should spend its own taxpayers money!

LET'S TELL OUR ELECTED OFFICIALS TO STAND FIRM AGAINST THIS UNFAIR PRESSURE!
--------------------------------------------------------

2. WHAT YOU CAN DO IF YOU LIVE IN MASSACHUSETTS

It is vital that Governor Weld, Attorney General Scott Harshbarger and our
elected legislators hear from us on this issue. Already, in response to
letters, Attorney General Harshbarger has told Reuters of his firm support
for the Burma law.

Please write, call or fax. Let our elected officials know that:

1.  They should stand firm against pressure from the European Commission
and the Japanese government to amend or repeal the Massachusetts Burma
selective purchasing law.

2.  You strongly believe that elected Massachusetts legislators and
officials should decide how to spend Massachusetts taxpayers money, not
unaccountable European and Japanese bureaucrats.

3.  The European Parliament voted unanimously to request that the European
Commission *not* to take the Massachusetts Burma law to the World Trade
Organization. Why should Massachusetts legislators amend their law to suit
European Commission bureaucrats when elected European Parliament
legislators unanimously support the Massachusetts Burma law?

4. Aung San Suu Kyi, the leader of the Burmese democracy movement, supports
the Massachusetts Burma law and has stated such laws are an effective means
of helping to restore democracy in Burma.

***  If you have already written ask a friend, coworker or family to write
too!  ***

Governor William Weld
State House, Commonwealth of Massachusetts, Boston, MA 02133	
(617) 727-3600
(617) 727-5291 fax

Attorney General Scott Harshbarger
1 Ashburton Place, Boston, MA 02108
(617) 727-2200
(617) 727-5778 fax

Senate President Thomas Birmingham
State House, Commonwealth of Massachusetts, Boston, MA 02133
(617) 722-1500
(617) 248-3840 fax

House Speaker Thomas Finneran
State House, Commonwealth of Massachusetts, Boston, MA 02133
(617) 722-2500
(617) 722-2008 fax

Call your state representative and state senator at: (617) 722-2000
Write to them at:
State House, Commonwealth of Massachusetts, Boston, MA 02133
--------------------------------------------------------------------

3. WHAT YOU CAN DO IF LIVE OUTSIDE MASSACHUSETTS (but live in the US)

1.  You strongly support the Massachusetts Burma law as it currently stands.
 
2.  European and Japanese bureaucrats should not be allowed to tell elected
American state legislators how to spend US taxpayers money.
 
3.  On June 12, the European Parliament unanimously passed a resolution
that urged the European Commission not to take action against the
Massachusetts Burma law at the World Trade Organization. Why should
Massachusetts legislators amend their Burma law to suit European Commission
bureaucrats when elected European Parliament legislators unanimously
support the Massachusetts Burma law?
 
4.  Aung San Suu Kyi, the leader of the Burmese democracy movement,
supports the Massachusetts Burma law and has stated such laws are an
effective means of helping to restore democracy in Burma.

5. Mention that you support the enactment of similar Burma selective
purchasing laws in your home state. [For more information on how to do this
contact Simon Billenness at sbillenness@xxxxxxxx or Dan Orzech at
orzech@xxxxxxxxx]

***  6. If you have already written ask a friend, coworker or family member
to write too!  ***

To Whom to Write:

President William Clinton
1600 Pennsylvania Avenue, NW
Washington, DC 20500

* send a copy of your letter to President Clinton to:

U.S. Trade Representative Charlene Barshefsky
1600 Pennsylvania Avenue, NW
Washington, DC 20500

Please also write to your US Senators and Representative. Ask them
specifically to write U. S. Trade Representative Charlene Barshefsky to
urge her to strongly defend the Massachusetts Burma law from the European
Commission

You can write your US Senator at:

United States Senate
Washington, DC 20510

You can write your US Representative at:

United States House of Representatives
Washington, DC 20515

You can call the Capitol Switchboard toll-free at (800) 972-3524.
----------------------------------------------------------------------------
------
4.  WHAT YOU CAN DO IF YOU LIVE OUTSIDE THE UNITED STATES

If you live in Japan or a European Union country, please write your Head of
State, Prime Minister, Foreign Minister and/or legislative
representative(s) to protest this unfair attack on the Massachusetts Burma
law. Let your government officials know:

1.  You strongly support the Massachusetts Burma law as it currently stands.
 
2.  European and Japanese bureaucrats should not be allowed to tell elected
American state legislators how to spend US taxpayers money.
 
[For European Union only: 3.  On June 12, the European Parliament
unanimously passed a resolution that urged the European Commission not to
take action against the Massachusetts Burma law at the World Trade
Organization. Why should Massachusetts legislators amend their Burma law to
suit European Commission bureaucrats when elected European Parliament
legislators unanimously support the Massachusetts Burma law?]
 
4.  Aung San Suu Kyi, the leader of the Burmese democracy movement,
supports the Massachusetts Burma law and has stated such laws are an
effective means of helping to restore democracy in Burma.

5. Mention that you support the enactment of similar Burma selective
purchasing laws in your home country. [For more information on how to do
this contact Simon Billenness at sbillenness@xxxxxxxx or Dan Orzech at
orzech@xxxxxxxxx]

***  6. If you have already written ask a friend, coworker or family member
to write too!  ***

Please send a copy of your letters to:

President William Clinton
1600 Pennsylvania Avenue, NW
Washington, DC 20500

U.S. Trade Representative Charlene Barshefsky
1600 Pennsylvania Avenue, NW
Washington, DC 20500

Let them know that they have the support of people in Europe and Japan for
standing firm in defending the Massachusetts Burma law.

If you live outside the European Union and Japan, please write a letter of
support directly to President Clinton and USTR Charlene Barshefsky.
-------------------------------------------------------

PLEASE DISTRIBUTE THIS ACTION ALERT TO OTHERS

Thank you for your help. Your efforts will protect the Massachusetts Burma
law. Please mail or fax the New England Burma Roundtable a copy of your
letters so that we can gauge the response to this action alert.

Simon Billenness
* for the New England Burma Roundtable *
Franklin Research & Development, 711 Atlantic Avenue, Boston, MA 02111
(617) 292 8026 x225
(617) 482 6179 fax
sbillenness@xxxxxxxx
------------------------------------------------------
5.  Full Text of the Japan Times article

Japan to join EU action against Massachusetts law
(The Japan Times)

Japan will join the European Union as early as next week in filing a 
complaint with the World Trade Organization about a Massachusetts law 
that denies state contracts to companies doing business in Myanmar, 
government sources said July 4.

"We have so far waited for the United States to reconsider the 
Massachusetts law, but we cannot wait for so long," one of the sources 
said. "We will make a final decision, probably next week, to take the 
case to the WTO unless we receive a firm commitment from the U.S. by 
then to abolish the law."

Last month, the 15-nation EU requested "bilateral consultations" with 
the U.S. in the first stage of the WTO's dispute-settlement procedures. 
The EU can request establishment of a neutral panel to rule on the 
dispute if the consultations fail to resolve the case within 60 days of 
the complaint being filed.

Since the EU lodged the complaint, Japan has been considering whether it 
should take the same step or join bilateral consultations between the EU 
and the U.S. as an "interested third party," the sources said. 
Participation in the bilateral consultations as an interested third 
party would require U.S. approval, the sources said. In addition, the 
status would not grant Japan the right to request establishment of a WTO 
dispute-settlement panel to deal with the case, the sources added.

Since Massachusetts' Myanmar sanctions law, which was signed by Gov. 
William Weld last summer, took effect in January, both Japan and the EU 
have complained to Washington that the law violates a WTO agreement on 
government procurement practices. The accord covers not only central 
governments but also local governments registered in the commitments 
made by WTO members.

WTO replaced the General Agreement on Tariffs and Trade in January 1995 
as a more powerful watchdog on international commerce. The U.S. agreed 
to put Massachusetts and some other states under the WTO 
government-procurement accord.

After Tokyo and Brussels complained to the U.S. over the Myanmar 
sanctions law, a group of legislators from Massachusetts sent letters to 
the two capitals in February warning against interfering in the internal 
affairs of their state.

===============================