The Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA)was signed into law by President Obama on February 24, 2016, after being passed 75-20 two weeks earlier. The act specifies various requirements for U.S. trade policy and trade protection. Requirements on imports to improve the health and safety of the consumer as well as protect intellectual property rights were put in place by the agreement. Additionally, the legislation included provisions to oppose the boycott, divestment, and sanctions (BDS) movement targetting Israel.
The law requires non-cooperation with entities who engage in the BDS movement and reiterates Congress's opposition to “politically motivated actions that penalize or otherwise limit commercial relations specifically with Israel.” The TFTEA expresses Congressional support for preventing international organizations from investigating or prosecuting U.S. citizens who do business with “Israel, with Israeli entities, or in any territory controlled by Israel.” The wording of the document goes against the official U.S. policy on settlements in East Jerusalem and the West Bank; failing to distinguish between Israel, the West Bank, and Gaza. When President Obama signed the legislation he supported the provisions opposing the BDS movement against Israel, but stated that he would not enforce the law against companies doing business in the “Israel controlled territory,” of the West Bank and Gaza Strip. Six Senate Democrats broke with the administration, voicing their support for the provisions Obama promised not to enforce.
To read the full text of the Trade Facilitation and Trade Enforcement Act of 2015, please click here.
Sources: Kampeas, Ron. “Obama weighs in on BDS settlement fight - but battle likely won�t end there,” JTA (February 26, 2016);
Kontorovich, Eugene. “Obama signs Israel anti-boycott provisions into law, settlements and all,” New York Times (February 25, 2016);
“Obama Signs anti-BDS Trade Agreement into Law,” IMEMC, (February 27, 2016);
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