-Caveat Lector-

October 30, 2000 - Texas Straight Talk - A Weekly Column
U.S. Congress Bows to WTO Mandate
Our National Sovereignty is Violated

by Congressman Ron Paul


An extraordinary event occurred this week in Washington during the final days
of the 106th Congress, an event that did not receive comment in either the
media or the halls of Congress, save for my office.  This event had been
termed "unthinkable" only a few months earlier.  It occurred despite clear
constitutional prohibitions and at the expense of our precious national
sovereignty.  For the first time in the history of our country, Congress
voted to change our domestic laws because an international body told us to do
so.  The World Trade Organization (WTO) has begun to dictate American laws.

More specifically, Congress voted to change our tax laws relating to Foreign
Sales Corporations (FSCs), solely because the WTO appellate panel deemed that
our FSC tax rules constituted a "subsidy" - the EU contingent in the WTO had
brought a complaint to the panel.  Our FSC rules simply allow U.S.
corporations to exempt a small portion of income earned abroad from taxes.
No "subsidy" is involved; no tax dollars are given to FSCs.  Moreover, most
EU countries do not tax their corporations on any income earned abroad.
Still, the appellate panel agreed with the EU and gave the U.S an October 1st
deadline to change our tax laws.

I have opposed our membership in the WTO throughout my tenure in Congress. I
strongly support true free trade, which occurs in the absence of government
tariffs.  The WTO, however, represents the worst form of government-managed
trade.

More importantly, however, our involvement in the WTO threatens national
sovereignty.  The Constitution clearly vests the power to regulate trade
solely with Congress, and Congress cannot cede with mandates in areas such as
environmental protections, worker rights, and trade policy.  Congress either
blindly or willfully chose to ignore this very serious constitutional
conflict when it voted in favor of WTO membership.  However, a Congressional
Research Service report was quite clear about the consequences of our
membership: "As a member of the WTO, the United States does commit to act in
accordance with the rules of the multi-lateral body.  It is legally obligated
to insure that national laws do not conflict with WTO rules," (emphasis
added).

Earlier this year I sought to address this terrible threat to our sovereignty
by introducing a resolution withdrawing us from the WTO.  I explained my
concerns in a brief to the House Ways and Means trade subcommittee, pointing
out the unconstitutionality of our involvement. I warned that the WTO could
begin dictating our environmental, labor and tax laws.  These arguments were
met with hostility and condescension.  Subcommittee members stated that we
needed the WTO to avoid "trade wars," and that the U.S. Congress would never
change our domestic laws to satisfy the WTO.  "Unthinkable" was how one
member put it. Judging by this week's vote, the "unthinkable" has become
reality.

We should never change our national laws at the behest of any international
organization.  Congress simply has ceded its legislative authority to the
WTO, and it is shameful that this action likely will go unnoticed by the
American people.  If we want to help American businesses, we should simply
stop taxing their foreign income.  The FSC measure will not appease the
Europeans; the EU already has indicated that the changes are unsatisfactory
to them.  We stand on the brink of a retaliatory trade war with the EU, even
though we were told that the WTO was needed to avoid such conflicts.  So the
WTO has given us the worst of all worlds.

Rest assured that the WTO assault on American sovereignty will not end here.
What will happen when the Europeans object to another area of our tax laws?
Will we change the way we tax individuals also?  Perhaps the Europeans will
object to our relatively liberal immigration laws, because they resent losing
their talented citizens to America.  Whatever the issue, the threat remains
the same. Americans who care about sovereignty have every reason to be
outraged.

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