Delaying Submission of the Small Business Report Under the Trade Facilitation and Trade Enforcement Act of 2015

This memorandum directs the Chief Counsel for Advocacy of the Small Business Administration to delay submission of legally required reports on trade agreement impacts on small businesses for negotiations with Japan, the EU, and the UK. The reports must now be submitted after negotiations conclude, but no later than 30 days after a trade agreement is signed and at least 45 days before congressional approval votes.

Federal Register Open PDF 84 FR 13497

Impact dates

May 16, 2019
Report must allow 45 days before congressional approval/disapproval vote
May 1, 2019
Report submission after negotiation concluded, not later than 30 days after trade agreement signed

Key directives

Delay submission of small business impact reports for Japan, EU, and UK trade agreements until after negotiations conclude
Reports due no later than 30 days after trade agreement is signed
Reports must be submitted at least 45 days before congressional approval/disapproval votes
Publish memorandum in Federal Register

Who is ordered

Chief Counsel for Advocacy of the Small Business Administration · SBA

Timeline

Immediate

Delay takes effect for ongoing/planned trade negotiations with Japan, EU, and UK

Near term (90d)

Reports due 30 days after any signed trade agreement, contingent on negotiation timeline

Long term

Precedent for delaying statutory reporting requirements during trade negotiations

Risks & tensions

Statutory deadline (180 days after IWG convening) overridden by presidential directive
Congress may object to delayed reporting on trade impacts to small businesses
Conditional timing ('provided that') creates potential conflict if 30-day and 45-day windows cannot both be satisfied
Document does not specify original IWG convening dates, making baseline timeline uncertain