U.S. Trade Representative Pre-Employment Restriction Waiver

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On April 25, the Senate Finance Committee approved a waiver which was included in the FY17 Omnibus Appropriations bill (H.R. 244)...
United States Strategy

Christopher DeLacy is a Partner for Holland & Knight's Washington, D.C. office

On April 25, the Senate Finance Committee approved a waiver which was included in the FY17 Omnibus Appropriations bill (H.R. 244), which passed the House and Senate on May 4, 2017, and was signed into law on May 5, 2017. The waiver reads as follows:

EXCEPTION TO LIMITATION ON APPOINTMENT OF CERTAIN PERSONS AS UNITED STATES TRADE REPRESENTATIVE

Sec. 541. (a) IN GENERAL.—The limitation under section 141(b) (4) of the Trade Act of 1974 (19 U.S.C. 2171(b)(4)) shall not apply to the first person appointed, by and with the advice and consent of the Senate, as the United States Trade Representative after the date of the enactment of this Act, if that person served as a Deputy United States Trade Representative before the date of the enactment of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.).

(b) LIMITED EXCEPTION.—This section applies only to the first person appointed as United States Trade Representative after the date of enactment of this Act, and to no other person.

This waiver is apparently necessary because of a pre-employment restriction contained in the Trade Act of 1974 and discussed in this blog previously.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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