administrative, and criminal enforcement 
mechanisms; and 
(vi) preventing or eliminating govern-
ment involvement in the violation of intel-
lectual property rights, including cyber theft 
and piracy; 
(B) to secure fair, equitable, and non-
discriminatory market access opportunities for 
United States persons that rely upon intellectual 
property protection; and 
(C) to respect the Declaration on the TRIPS 
Agreement and Public Health, adopted by the 
World Trade Organization at the Fourth Min-
isterial Conference at Doha, Qatar on November 
14, 2001, and to ensure that trade agreements 
foster innovation and promote access to medi-
cines. 
(6) DIGITAL
TRADE
IN
GOODS
AND
SERVICES 
AND CROSS-BORDER DATA FLOWS.—The principal ne-
gotiating objectives of the United States with respect 
to digital trade in goods and services, as well as 
cross-border data flows, are— 
(A) to ensure that current obligations, rules, 
disciplines, and commitments under the World 
Trade Organization and bilateral and regional 
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trade agreements apply to digital trade in goods 
and services and to cross-border data flows; 
(B) to ensure that— 
(i) electronically delivered goods and 
services receive no less favorable treatment 
under trade rules and commitments than 
like products delivered in physical form; 
and 
(ii) the classification of such goods and 
services ensures the most liberal trade treat-
ment possible, fully encompassing both ex-
isting and new trade; 
(C) to ensure that governments refrain from 
implementing trade-related measures that im-
pede digital trade in goods and services, restrict 
cross-border data flows, or require local storage 
or processing of data; 
(D) with respect to subparagraphs (A) 
through (C), where legitimate policy objectives 
require domestic regulations that affect digital 
trade in goods and services or cross-border data 
flows, to obtain commitments that any such reg-
ulations are the least restrictive on trade, non-
discriminatory, and transparent, and promote 
an open market environment; and 
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(E) to extend the moratorium of the World 
Trade Organization on duties on electronic 
transmissions. 
(7) REGULATORY PRACTICES.—The principal ne-
gotiating objectives of the United States regarding the 
use of government regulation or other practices to re-
duce market access for United States goods, services, 
and investments are— 
(A) to achieve increased transparency and 
opportunity for the participation of affected par-
ties in the development of regulations; 
(B) to require that proposed regulations be 
based on sound science, cost benefit analysis, risk 
assessment, or other objective evidence; 
(C) to establish consultative mechanisms 
and seek other commitments, as appropriate, to 
improve regulatory practices and promote in-
creased 
regulatory 
coherence, 
including 
through— 
(i) transparency in developing guide-
lines, rules, regulations, and laws for gov-
ernment procurement and other regulatory 
regimes; 
(ii) the elimination of redundancies in 
testing and certification; 
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(iii) early consultations on significant 
regulations; 
(iv) the use of impact assessments; 
(v) the periodic review of existing regu-
latory measures; and 
(vi) the application of good regulatory 
practices; 
(D) to seek greater openness, transparency, 
and convergence of standards development proc-
esses, and enhance cooperation on standards 
issues globally; 
(E) to promote regulatory compatibility 
through harmonization, equivalence, or mutual 
recognition of different regulations and stand-
ards and to encourage the use of international 
and interoperable standards, as appropriate; 
(F) to achieve the elimination of govern-
ment measures such as price controls and ref-
erence pricing which deny full market access for 
United States products; 
(G) to ensure that government regulatory 
reimbursement regimes are transparent, provide 
procedural fairness, are nondiscriminatory, and 
provide full market access for United States 
products; and 
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