US-Malaysia trade pact's 'poison pill' targeting China sparks backlash
Opposition lawmaker calls terms imposed by Washington a 'surrender'
SINGAPORE -- The U.S. has included a "poison pill" clause in its trade deal with Malaysia that is widely seen as preventing the Southeast Asian nation from signing a separate deal with China, sparking criticism over infringement on national sovereignty. The agreement,
in October, lets the U.S. unilaterally terminate the pact if Malaysia enters into an agreement with a country that threatens "essential" American interests. The text does not identify such a country, but is widely believed to be aimed at China.
Malaysian Prime Minister Anwar Ibrahim defended the trade deal when questioned about it in Parliament on Nov. 4. "This is not a matter of surrender, or betrayal, or a new form of colonization," Anwar said. The Trump administration signed a similar agreement with Cambodia, and the provision could be included in trade deals with Thailand and Vietnam.
Many Southeast Asian countries pursue neutral diplomacy. The U.S., however, aims to prevent countries in the region from drawing closer to China. Anwar and U.S. President Donald Trump signed the Agreement on Reciprocal Trade during Trump's visit for the Association of Southeast Asian Nations summit. The deal lowers "reciprocal" American tariffs on goods from Malaysia from 25% to 19%. But in Malaysia, the government is widely thought to have been pushed into a deal favorable to the U.S.
Most of the demands in the agreement come from the American side, the text shows. Malaysia agrees to reduce or eliminate tariffs on a wide range of imports from the U.S., including agricultural and chemical products. Malaysia also commits to purchasing Boeing aircraft.
Particularly contentious is the clause regarding third countries. This states that if Malaysia "enters into a new bilateral free trade agreement or preferential economic agreement with a country that jeopardizes essential U.S. interests," then the U.S. may terminate the trade deal with Malaysia and reinstitute the higher tariffs.
The pact also makes clear that if the U.S. adopts its own import restrictions on a third country, then Malaysia is expected to put in place similar measures against that country if the U.S. deems doing so essential to economic and national security. Azmin Ali of the Pribumi Bersatu Malaysia opposition party criticized the agreement as "anything but reciprocal." "It is a surrender," said Azmin, who argued that "Malaysia gives away too much control over its economy."
China is all but certain to be one of the unidentified third countries alluded to in the Malaysia-U.S. agreement. The trade deal contains "poison pill provisions," wrote Simon Evenett, professor of geopolitics and strategy at Switzerland's IMD Business School, in a report. "These provisions amount to loyalty tests and should be seen in the context of intensifying U.S.-China competition for global influence," Evenett argued.
The term "poison pill" refers to a company's takeover defense. Evenett likened a U.S. attempt at preventing Malaysia from drawing closer to China to a corporate takeover defense. The U.S. trade agreement with Japan does not include an explicit poison pill clause. But a September executive order by Trump says he can "modify this order as necessary" if Japan fails to make good on its commitments.
The U.S., wary of deepening ties between trading partners and China, has sought similar provisions in past trade deals.
The U.S.-Mexico-Canada Agreement, signed during the first Trump administration in 2018, says that if any party enters into a free trade agreement with a "non-market country," then the other parties can terminate the agreement.
This provision is believed to be preventing Canada from signing a free trade agreement with China. It is likely informing Canada's and Mexico's hesitance to let China join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership.
On the other hand, China is ASEAN's largest trading partner, and many nations in the bloc have tried to pursue relations with both the U.S. and China. Language that would antagonize Beijing risks upsetting this delicate regional balance.
Meanwhile, China seeks to fortify relations with Southeast Asia. The Asian power already has a free trade agreement with ASEAN and seeks to expand it. China has also applied to join the CPTPP, a multilateral agreement that includes Malaysia and Vietnam. The exit provisions serve as a "built-in deterrent to 'hedging' via new China-linked agreements," said Samirul Ariff Othman, senior consultant at Global Asia Consulting. But the extent to which they will be enforced may hinge on how the U.S. implements the trade agreement.
"I think we have to see if there will be further de-escalation of the trade tensions to see how the agreement in Malaysia is enforced," said Adib Zalkapli, managing director at Viewfinder Global Affairs.
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