WORLD  TRADE  
ORGANIZATION  WT/TPR/S/200/Rev.1 
12 August 2008  
 
(08-3837) 
Trade Policy Review Body  
   
 
  
 
TRADE POLICY REVIEW 
 
Report by the Secretariat 
 
UNITED STATES 
 
Revision 
 
 
 
 
This report, prepared for the ninth Trade Policy Review of the United States, has 
been drawn up by the WTO Secretaria t on its own responsibility.  The 
Secretariat has, as required by the Agreement establishing the Trade Policy 
Review Mechanism (Annex 3 of the Ma rrakesh Agreement Establishing the 
World Trade Organization), sought clarification from the United States on its 
trade policies and practices. 
 
Any technical questions arising from this report may be addressed to 
Mr. Angelo Silvy (tel. 022 739 5249), Mr. Karsten Steinfatt (tel. 022 739 6759) 
and Mr. Raymundo Valdés (tel. 022 739 5346). 
 
Document WT/TPR/G/200 contains the policy statement submitted by the 
United States. 
 
 
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CONTENTS 
 Page 
SUMMARY OBSERVATIONS vii 
 (1) E CONOMIC ENVIRONMENT  vii 
 (2) T RADE AND INVESTMENT POLICY FRAMEWORK  vii 
 (3) M ARKET ACCESS FOR GOODS  viii 
 (4) E XPORT MEASURES  ix 
 (5) O THER MEASURES AFFECTING TRADE  x 
 (6) S ECTORAL POLICIES  x 
I. RECENT ECONOMIC DEVELOPMENTS 1 
 (1) O VERVIEW  1 
 (2) O UTPUT AND EMPLOYMENT  1 
 (3) M ONETARY AND EXCHANGE RATE POLICIES  3 
 (4) F ISCAL POLICY  5 
 (5) B ALANCE OF PAYMENTS  7 
 (6) D EVELOPMENTS IN TRADE AND INVESTMENT  8 
 (i) Merchandise trade 8 
 (ii) Trade in services 9 
 (iii) Foreign direct investment 10 
 (7) O UTLOOK  10 
II. TRADE POLICY REGIME:  FRAMEWORK AND OBJECTIVES 12 
 (1) O VERVIEW  12 
 (2) I NSTITUTIONAL AND POLICY FRAMEWORK  12 
 (3) F OREIGN INVESTMENT REGIME  14 
 (i) National treatment 14 
 (ii) Reporting and re view requirements 14 
 (iii) International investment arrangements 16 
 (4) I NTERNATIONAL RELATIONS  17 
 (i) World Trade Organization 17 
 (ii) Preferential and other arrangements 18  (iii) Unilateral preferences 19 
 (iv) Aid for trade 21 
III. TRADE POLICIES AND PRACTICES BY MEASURE 23 
 (1) O
VERVIEW  23 
 (2) M EASURES DIRECTLY AFFECTING IMPORTS  25 
 (i) Customs procedures 25  (ii) Customs valuation 29 
 (iii) Rules of origin 29 
 (iv) Tariffs 30 
 (v) Other charges affecting imports 33 
 (vi) Anti-dumping and countervailing measures 35  (vii) Safeguards 42 WT/TPR/S/200/Rev.1 Trade Policy Review 
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 Page 
 
 (viii) Quantitative restrictions and licensing 44 
 (ix) Technical regulations, conformity assessment, and standards 45  (x) Sanitary and phytosanitary measures 49 
 (3) M
EASURES DIRECTLY AFFECTING EXPORTS  54 
 (i) Documentation 54  (ii) Export restrictions and controls 55 
 (iii) Export taxes, charges, and levies 57 
 (iv) Export assistance 58  (v) Section 301 and related actions 60 
 (4) O
THER MEASURES AFFECTING PRODUCTION AND TRADE  60 
 (i) Legal framework for business 60  (ii) Other government support 61 
 (iii) Competition policy 64 
 (iv) Government procurement 67  (v) Trade-related intellectual property rights 72 
IV. TRADE POLICIES BY SECTOR 78 
 (1) O
VERVIEW  78 
 (2) A GRICULTURE  80 
 (i) Introduction 80  (ii) Border measures 81 
 (iii) Domestic programmes 82 
 (iv) Export subsidies, credit, insurance, and guarantees 86  (v) Food labelling 87 
 (3) M
INING AND ENERGY  88 
 (i) Main features 88  (ii) Legal and policy framework 90 
 (iii) Selected issues 91 
 (4) M
ANUFACTURING  93 
 (5) S ERVICES  95 
 (i) Introduction 95 
 (ii) Telecommunications and related services 96  (iii) Financial services 102 
 (iv) Air transport services 113 
 (v) Maritime transport 116  (vi) Professional and business services 121 
REFERENCES   129 
APPENDIX TABLES  139 
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TABLES 
 
 Page 
I. RECENT ECONOMIC DEVELOPMENTS  
I.1 Selected macroeconomi c indicators, 2002-07  2 
I.2 Selected monetary and exchange rate indicators, 2002-07  5 I.3 Selected fiscal i ndicators, FY2002-07  6 
I.4 Current and capita l accounts, 2002-07  8 
 II. TRADE POLICY REGIME:  FRAMEWORK AND OBJECTIVES 
 
II.1 Bilateral investment agreements, January 2008      16  
III. TRADE POLICIES AND PRACTICES BY MEASURE 
 III.1 Requirements for the advance transmission of electronic cargo information 26 
III.2 Structure of the tariff schedule 32 
III.3 Anti-dumping investigations and measures imposed, 1980-07 38 
III.4 Anti-dumping measures by country and product, 2002-07 39 
III.5 Countervailing duty investigations and measures imposed, 1980-07 42 III.6 Ex-Im Bank loan, guarantee, and insurance activities, 2000-06 58 
III.7 Federal programmes notified to the WTO, fiscal years 2003 and 2004 62
 
III.8 Summary of intellectual property protection in the United States corresponding 73  to TRIPS obligations, 2008
 
 
IV. TRADE POLICIES BY SECTOR 
 
IV.1 Commitment levels and actual expenditure, 1999-05  82 IV.2 Direct government payments, 2002-07  83 
IV.3 Selected energy tax in centives, early 2007  91 
 
APPENDIX TABLES 
 
I. RECENT ECONOMIC DEVELOPMENTS  
AI.1 Merchandise exports and re-exports by group of products, 2000-06 141 
AI.2 Merchandise imports by group of products, 2000-06 143 AI.3 Merchandise exports and re-exports by trading partner, 2000-06 145 
AI.4 Merchandise imports by trading partner, 2000-06 146 
AI.5 Cross-border trade in services, 2002-06 147 
AI.6 Major indicators of U.S. inbound and outbound direct investment by selected  
 country and sector, 2006 148 
 
II. TRADE POLICY REGIME:  FRAMEWORK AND OBJECTIVES 
 
AII.1 Selected notifications to the WTO, October 2005-February 2008 149 AII.2 Status of dispute-related WTO matters involving the United States,   
 October 2005-December 2007 151 
AII.3 Overview of preferential tr ade agreements, early 2008  154 
 WT/TPR/S/200/Rev.1 Trade Policy Review 
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 Page 
 
III. TRADE POLICIES AND PRACTICES BY MEASURE 
 AIII.1 General overview of preferential rules of origin, 2007 156 
AIII.2 Summary analysis of the MFN tariff, 2007 158
 
AIII.3 Tariffs according to U.S. preferential agreements, 2006 160 
AIII.4 Anti-dumping investigation initiations, 1 July 2005-31 December 2007 165 
AIII.5 In-State government procurement preferences, 2007 167  
 
IV. TRADE POLICIES BY SECTOR 
 
AIV.1 Products covered by tariff quotas, 2007 171 
 
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SUMMARY OBSERVATIONS 
  
 
1. The openness and transparency of the 
U.S. trade regime have been key contributing 
factors to the efficiency that characterizes the 
U.S. economy as a whole.  Since its last Review in 2006, the United States has taken further steps to liberalize its trade regime, although mostly on a preferential basis.  In the 
face of the economic uncertainty prevalent in 
early 2008, U.S. welfare would be best promoted by exploiting the adjustment capacity of the U.S. economy and continuing to reduce barriers to market access and other distorting measures, including those that result 
from high levels of assistance in agriculture 
and energy.  Moreover, ongoing efforts to incorporate additional security considerations into U.S. trade and investment policies should be pursued within the framework of the risk-
based approach that seems to have served the 
United States well.  Further reforms undertaken on a MFN basis would also lessen distortions in global markets and strengthen the multilateral trading system, as the United States is both the world's largest single 
economy and trader. 
(1) E
CONOMIC ENVIRONMENT  
2. After a prolonged period of expansion, 
the short-run growth prospects of the U.S. economy deteriorated appreciably from late 
2007.  During most of the period under review 
the performance of the U.S. economy remained robust, with average growth of nearly 3% a year.  However, in late 2007, GDP growth slowed down considerably reflecting 
the negative effects of the housing downturn 
and credit turmoil.  These problems have triggered a vigorous monetary policy response by the Federal Reserve that has significantly lowered short-term interest rates.  Although inflation remained relatively subdued during 
the period under review , an upward tendency 
became perceptible in late 2007, mainly a consequence of higher oil and food prices.  Thus, in early 2008 policymakers faced the dual challenge of restoring growth while 
curbing rising inflationary pressures. 3. The federal fiscal deficit contracted 
steadily between 2004 and 2007, to some 1.2% 
of GDP in FY2007.  However, as a result of 
the economic slowdown in late 2007 and the fiscal measures adopted to address it, the deficit is likely to increase in 2008.  In the longer run, further reform in the fiscal area is 
likely to be needed to ensure fiscal 
sustainability, particularly with respect to entitlement programmes. 
4. During the period under review, both 
U.S. imports and exports continued to expand, on average, faster than GDP.  As a share of 
GDP, the deficit in the U.S. current account of 
the balance of payments fell from just over 6% in 2005 and 2006 to some 5.3% in 2007.  The willingness of foreigners to invest in the United States has been vital in generating the 
large inflows of external capital required to 
finance the current account deficit.  However, the sustainability of the deficit cannot be taken for granted, and as such carries certain downside risks including an increase in protectionist sentiment.  The U.S. current 
account deficit reflects a savings-investment 
gap;  thus, to the extent that this requires a policy response, trade restrictive measures are not appropriate.  The United States may require to raise its savings rate while 
maintaining its traditional openness, which 
allows U.S. producers and consumers to access goods, services, and capital from abroad at the best conditions.  Reducing the current account deficit is also likely to require expanding U.S. 
exports, which would be facilitated by a more 
liberal trading system and stronger demand growth outside the United States. 
(2) T
RADE AND INVESTMENT POLICY 
 F RAMEWORK  
5. The United States considers that the 
expansion of international trade is vital to its 
national security and economic growth.  Support for the multilateral trading system is at the core of U.S. trade policy, and the Administration remains committed to a 
comprehensive Doha agreement.  In this WT/TPR/S/200/Rev.1 Trade Policy Review 
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context, the United States has made numerous 
proposals in a wide range of negotiating areas.  It has fulfilled its notification obligations, except for preferential rules of origin, 
agricultural tariff quotas, and government 
procurement statistics.  The United States has made progress in implementing several WTO rulings calling for changes to U.S. legislation, but rulings relating to intellectual property 
rights and anti-dumping have not yet been 
fully implemented. 
6. While the United States considers that 
a comprehensive multilateral agreement offers the best chance to create expanded trade and development opportunities around the world, it 
believes that bilateral and regional trade 
liberalization can also provide significant benefits.  Consistent with this, the United States has continued to enter into free-trade agreements (FTAs).  In early 2008, it had 
FTAs with 14 countries, up from seven during 
its last Review, and three at the start of the current Administration in early 2001;  FTAs with another six countries had been completed but were not yet in force.  The United States grants unilateral preferences to developing 
countries under several schemes, which may 
be conditional on adherence to criteria that the U.S. authorities consider promote sound policies and allow beneficiaries to expand trade and investment. 
7. Trade promotion authority, which the 
Administration views as an important tool for achieving U.S. trade objectives, expired on 1 July 2007.  In May 2007, the Administration and congressional leaders agreed to a trade 
policy "template", which has been described as 
providing a "clear and reasonable path forward" for congressional consideration of pending FTAs, and as "open[ing] the way for bipartisan work on Trade Promotion Authority".  The template contains provisions 
on labour, environment, intellectual property, 
investment, government procurement, and port security. 
8. The United States has long maintained 
a policy of national treatment of foreign direct 
investment, subject to sector-specific considerations, prudential concerns, and 
national security.  In 2007 Congress amended the process by which the Executive reviews the national security implications of certain 
foreign direct investments.  It is critical to 
ensure that these changes do not undermine predictability for foreign investors. 
(3) M
ARKET ACCESS FOR GOODS  
9. The United States accords MFN tariff 
treatment to all WTO Members except Cuba.  
All except two tariff lines are bound, generally at low rates, which lends predictability to the U.S. trade regime.  The simple average applied MFN tariff was 4.8% in 2007, virtually the same as in 2004 (4.9%).  The applied MFN 
rate for agriculture (WTO definition) fell from 
9.7% in 2004 to 8.9% in 2007, reflecting the rise in commodity prices and the resulting decline in the ad valorem  equivalent rates.  At 
4%, the 2007 average applied MFN rate for 
non-agricultural products remained unchanged.   
Around 2% of all lines are subject to tariff 
quotas;  high out-of-quota tariffs are one of the 
main forms of import protection for certain agricultural products. 
10. In addition to tariffs, imports are 
subject to ad valorem  harbour maintenance 
and merchandise processing fees;  the second 
is not applied on imports from some 
preferential partners.  A customs bond must be posted for each importation of merchandise into the United States.  Initial production volumes of small domestic wine and beer 
producers benefit from either a reduced federal 
excise tax rate or an excise tax credit.  This benefit is not available for imported products. 
11. Security considerations have 
continued to drive significant changes relating to customs procedures.  The SAFE Port Act of 
2006 codified and expa nded existing cargo and 
supply-chain security programmes, and established additional filing requirements for importers.  Under the Act, from mid 2012, all containers must be scanned prior to being 
loaded on a U.S.-bound vessel.  However, the 
Act recognizes that this requirement could have a significant impact on trade, and offers United States WT /TPR/S/200/Rev.1 
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the possibility of delaying the implementation 
for specific ports. 
12. Non-tariff import restrictions are 
maintained largely for non-commercial 
purposes.  This includes a ban on imports of 
marine mammal products, shrimp, and tuna from countries found not to be in compliance with U.S. environmental provisions. 
13. Anti-dumping (AD) measures remain 
a key trade policy instrument for the 
United States.  At end 2007, the United States maintained some 232 AD measures, down from 274 reported in its last Review, affecting imports from 39 trading partners.  During 2005-07, the United States initiated some 
33 investigations and applied 19 provisional 
measures, but imposed only 11 final duties.  The number of AD investigation initiations decreased in 2005 and 2006, but increased in 2007.  Applied AD duties can be substantial, 
up to 280%, and thus significantly affect U.S. 
domestic prices.  As most AD measures are imposed on intermediate goods like steel and chemical products, they increase costs for downstream producers and consumers.  Although temporary, the average "length" on 
an AD measure is 11 years.  The percentage of 
U.S. imports directly affected by AD measures in force has been small, some 0.3% of merchandise imports over 1980-2005, and the number of AD orders issued since 2005 has 
been lower than in earlier years.  Nevertheless, 
it would be important to ensure that AD measures do not retard adjustment to changing overall conditions in international markets. 
14. At end 2007, the United States 
maintained no safeguard measures, but 
31 countervailing (CV) orders were in place involving 13 trading partners.  The Continued Dumping and Subsidy Offset Act of 2000 (the Byrd Amendment) was repealed in 2005, but AD and CV duties assessed before October 
2007 continue to be distributed to U.S. 
producers who supported the petition for investigation.  Total disbursements were estimated at approximately US$1.9 billion from the entry in force of the 
Byrd Amendment to end 2007. 15. There have been no major changes at 
the federal level since the last Review of the United States in the institutional framework governing the development of technical 
regulations, conformity assessment procedures,  
or sanitary and phytosanitary measures.  
During the review period, the United States 
notified, for the first time since the creation of the WTO, technical regulations and conformity assessment procedures proposed by sub-federal agencies.  A new approval process for first-time imports of fruits and 
vegetables subject to designated phytosanitary 
measures became effective in August 2007.  It replaces the approval process based on the promulgation of regulati on, which is otherwise 
applicable to all first-time imports of plants, 
animals, and their products.  The new process 
is expected to accelerate import approval times, which can be as long as three years. 
(4) E
XPORT MEASURES  
16. Export taxes are barred under the U.S. 
Constitution.  However, the United States 
maintains export restrictions and controls for national security or foreign policy purposes, or to address shortages of scarce materials.  Exports controls can result from U.S. domestic policy decisions or U.S. participation in non-
binding export control re gimes, as well as in 
the context of United Nations embargoes.  U.S. entities are required to apply for an export licence in certain cases when they intend to transfer controlled technologies to foreign 
nationals in the United States.  Two WTO 
Members, Cuba and Myanmar, are subject to economic sanctions. 
17. The United States provides insurance 
and export financing through its official export credit agency.  The fiscal cost entailed by 
these programmes, which carry the full faith 
and credit of the U.S. Government, has decreased significantly in recent years.  In addition, a duty drawback programme is in place.  In May 2006, the United States 
repealed the "grandfathering" provisions that 
allowed U.S. firms to exclude certain "foreign trade" income from their taxable income for WT/TPR/S/200/Rev.1 Trade Policy Review 
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certain transactions, after the WTO had found 
them to be prohibited subsidies. 
(5) OTHER MEASURES AFFECTING 
 T RADE  
18. Apart from export assistance, 
domestic producers bene fit from federal and 
sub-federal tax exemptio ns, financial outlays, 
and credit programmes.  In its latest notification to the WTO, covering fiscal years 
2003 and 2004, the United States lists around 
430 programmes providing subsidies, of which 42 at the federal level and the rest at the sub-federal level.  Agriculture and energy are by far the largest recipients of notified federal support.  U.S. domestic support, although not 
targeted at trade, may affect global markets as 
the United States is among the world's largest producers and consumers of numerous products. 
19. The United States uses competition 
policy to promote efficiency and enhance 
consumer welfare.  Federal antitrust legislation covers all sectors and interstate and foreign 
commerce, subject to some exceptions.  Competition policy enforcement has continued to focus on the activities of international 
cartels, anti-competitive mergers and non-
merger enforcement.  A review of competition policy procedures presented to Congress in 2007 recommended, among other things, simplifying and unifying merger clearing 
procedures and harmonizing the work of state 
and federal antitrust agencies, particularly with respect to mergers. 
20. U.S. policy with respect to market 
access for government procurement is to grant 
national treatment based on the principle of 
reciprocity.  The United States participates in the WTO plurilateral Agreement on Government Procurement (GPA).   For 
procurement not covered by the GPA or other international agreements, the United States 
maintains a number of domestic purchasing 
requirements, such as those under the Buy American Act.  U.S. procurement policy also seeks to increase the participation of small and other businesses through set-aside programmes.  In some states, sub-federal 
regulations grant preferences to local suppliers, and impose local-content requirements under certain conditions.  
Although these measures could assist the 
targeted groups, they could also raise the cost of government procurement. 
21. The United States is an important 
producer and exporter of goods and services 
that embody knowledge and other intellectual 
developments.  The United States employs a variety of mechanisms to promote increased IPR protection and enforcement, including through its engagement in WTO activities and negotiations, FTAs, bilateral intellectual 
property agreements and bilateral investment 
treaties. 
(6) S
ECTORAL POLICIES  
22. The United States is one of the world's 
largest producers, exporters, and importers of 
agricultural products.  As measured by the 
OECD, overall support to agriculture, including through border measures and government payments, accounted for 11% of gross farm receipts in 2006, down five percentage points from 2004.  This decline 
largely reflects higher commodity prices.  
Certain commodities, including sugar and milk, continue to receive high levels of assistance.  Moreover, payments under some commodity programmes (e.g. marketing 
assistance loans) provide incentives for 
resource use that may be inconsistent with market signals and may affect trade when supported output finds its way into world markets.  Certain aspects of domestic support 
programmes were challenged under 
multilateral rules during the period under review.  The expiration of the 2002 Farm Act, and the current environment of high commodity prices, offers a favourable juncture to introduce policy changes aimed at further 
improving the market orientation of the 
agriculture sector to the benefit of both consumers and taxpayers. 
23. The United States is a major producer 
and consumer of minerals and energy.  United States WT /TPR/S/200/Rev.1 
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U.S. energy policy places emphasis on 
domestic energy production and the provision of tax and other incentives for the supply of alternative and renewable fuels.  Assistance 
for domestic ethanol production includes tax 
incentives and import duties;  these measures could have a significant impact on global production patterns.  The Energy Policy Act of 2005 contains provisions to address 
shortcomings in the regulatory framework 
governing electricity markets.  In computing fuel economy standards, NAFTA-produced automobiles are treated differently from other vehicles. 
24. The United States is the world's 
leading producer of manufactured goods.  
Multifactor productivity and output in the sector have expanded in absolute terms but the sector's share in total U.S. value added and employment has declined.  Manufacturing 
tariffs are generally low, but high tariffs have 
sheltered a few industries, such as textiles, clothing, and footwear and leather, from international competition. 
25. The U.S. telecommunications market, 
the world's largest by revenue, is open to 
foreign participation and is highly competitive.  
During the period under review, certain unbundling requirements were eliminated to level the regulatory playing field between broadband internet access providers.  A 
comprehensive inter-carrier compensation 
reform plan is under consideration.  The United States maintains several media ownership restrictions, with the objective of promoting competition, diversity, and 
"localism" in media production.  The 
relaxation of one of these restrictions was approved in late 2007, and rules have been adopted to facilitate entry into the video services market. 
26. During the period under review, there 
have been no major changes in U.S. legislation 
with respect to financial services.  However, the sector has been considerably affected by the sub-prime mortgage turmoil, suggesting the need for improvements in financial 
supervision.  In this respect, changes to existing regulations are under consideration to 
restrict certain mortgage practices, and to consolidate and strengthen supervision. 
27. Initial entry into the U.S. market 
through the establishment or acquisition of a 
nationally chartered bank subsidiary by a foreign person is permitted in all states.  U.S. bank subsidiaries of foreign banks are granted national treatment.  However, foreign-owned 
banks, unlike domestic banks, are required to 
establish an insured banking subsidiary to accept or maintain domestic retail deposits of less than US$100,000.  Branches and agencies of foreign banks have similar powers to banks 
but agencies may not accept deposits from 
U.S. citizens or residents.  At the state level, 
there are limitations to the acquisition or establishment of a state-chartered bank, and for the establishment of branches or agencies. 
28. Regulation of insurance services is 
primarily at the state level.  Insurance 
companies, agents, and brokers must be licensed under the law of the State in which the risk they intend to insure is located, but U.S. states have taken steps to facilitate multi-state operations.  Foreigners may acquire an 
insurance company licensed in all states, 
incorporate subsidiaries in 47 states, or operate as branches in 36 states and the District of Columbia.  A federal tax on insurance policies covering U.S. risks is imposed at a rate of 1% 
of gross premiums on all reinsurance but at 4% 
of gross premiums with respect to non-life insurance when the insu rer is not subject to 
U.S. net income tax on the premiums. 
29. No significant policy or legislative 
changes have taken place with respect to 
maritime transport since 2006.  The Jones Act reserves cargo service between two points in the United States for ships that are registered and built in the United States and owned by a U.S. corporation, and on which 75% of the 
employees are U.S. citizens.  Domestic 
passenger services are subject to similar requirements.  However, waivers may be granted and foreign companies may establish shipping companies in the United States under 
certain conditions.  In contrast, the U.S. WT/TPR/S/200/Rev.1 Trade Policy Review 
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international maritime transport market is 
generally open to fore ign competition although 
some cargo preferences are in place.  Cargo preference laws are estimated to have 
redirected significant volumes of cargo to 
U.S. ships although in practice the lion's share of international maritime transport still takes place in foreign vessels. 
30. The profitability of U.S. airlines has 
improved, and by end 2007 all major U.S. 
airlines had emerged form bankruptcy protection.  Foreign ownership in U.S. carriers is limited by statute to 25% of the voting shares.  The provision of domestic air services is permitted only by U.S. carriers.  The Fly 
America Act generally requires government-
financed transportation to be on U.S.-flag air carriers, but foreign participation is possible under international agreements.  The United States has bilateral aviation agreements 
with 97 countries, of which 79 are open skies agreements.  The U.S.-EU Air Transport 
Agreement, provisionally applied since 30 March 2008, introduced a number of significant liberalization measures.  All public-
use U.S. airports with commercial services are 
currently owned by state or local governments.  A law was passed in 1996 establishing an Airport Privatization Pilot Program;  one airport participated but subsequently returned 
to public ownership.   
31. There have there no major changes in 
professional services regulation in the past few years.  States have responsibility for the regulation, licensing, and oversight of the professions practiced within their jurisdictions.  
The absence of a national regulatory regime 
creates different market access conditions among the states.  Foreign market access in some states is affected by local presence, domicile, nationality, or legal form of entry 
requirements.