---------- Forwarded message ---------- Date: Fri, 20 Feb 1998 21:49:55 +0000 From: Marjaleena RepoTo: CCAFT LIST Cc: MAI-not Subject: NO CULTURAL EXEMPTION IN NAFTA PASS THE WORD: CULTURAL EXEMPTION IN THE MAI IS (AND WILL BE) AS NON-EXISTENT AS IT WAS IN NAFTA People are wondering whether what the Canadian government spokesmen, from ministers to bureaucrats to MPs are claiming is true, when they say (and they do this often): "As we did in the NAFTA, Canada will negotiate an exemption for cultural industries.Canada's culture is not on the table." The truth, however, is that Canada got zilch, nada, nothing, zero in terms of "cultural exemptions" in the FTA and NAFTA. Much hype and plenty of red herrings about this supposed "protection" of culture; but here are the straight goods. (I'm taking an excerpt from a piece David Orchard and I have just finished preparing: a debunking of the government's major claims re the MAI - which I will e-mail people on the CCAFT list as well as the mai-not list in a couple of days. It will be posted on our website in its totality, and will also be printed in a pamphlet form, and will be available for distribution.) CCAFT response: "There is no exemption in NAFTA for culture. NAFTA states that the Canada-U.S. FTA shall govern culture. Article 2005.1 of the FTA states that 'Cultural industries are exempt from the provisions of this Agreement, except as specifically provided in Article 401 (Tariff Elimination), paragraph 4 of Article 1607 (divesture or an indirect acquisition) and Articles 2006 and 2007 of this Chapter.' THE VERY NEXT SENTENCE, article 2005.2, however, NULLIFIES this supposed exemption. It reads: 'Notwithstanding any other provision of this Agreement, a party may take measures of equivalent commercial effects in response to actions that would have been inconsistent with this Agreement but for Paragraph 1.'" "This provision means that if a government in Canada takes ANY action to promote or protect cultural industries in a way that alters U.S. control of these industries in, the Americans have the legal right to estimate their losses from the measure, and then take action of equal value against another Canadian industry WITHOUT EVEN HAVING TO GO THROUGH THE DISPUTE SETTLEMENT PANEL. If, for example, Canada took steps to increase Canadian films' access to theatres, or to increase Canadian content on television, the United States would have the right to retaliate against any other Canadian industry it chose, be it lumber, steel, pork, fish or automobiles. This so-called exemption casts in stone the existing U.S. control of Canada's creative expression by granting the United States the specific right of retaliation should Canada ever move to reduce the almost total American domination of Canadian cultural life. It means U.S. interests have achieved a veto over future federal and provincial cultural programs. The only way Canada can regain its cultural sovereignty is to get out of both FTA and NAFTA by using the 6-month cancellation clause." From: David Orchard and Marjaleena Repo: "... and tell me no lies: Citizens Concerned About Free Trade replies to Liberals' pro-MAI propaganda." February, 1998. -- **************CITIZENS CONCERNED ABOUT FREE TRADE************* National chair: DAVID ORCHARD National organizer: MARJALEENA REPO website: http://web.idirect.com/~ccaft National office (Saskatoon) tel: (306)244-5757 fax: (306)244-3790 Toronto office tel: (416)922-STOP fax: (416)922-7883 Vancouver office tel: (604)683-FREE fax: (604)683-3749