Hi-tech competition will colour EU-US friendly ties

Significance Earlier, on August 30, the Commission said the Irish government's tax arrangements with Apple constituted illegal state aid that required a payment of 13 billion euros (14.4 billion dollars) to the Irish authorities. The cases have given rise to suspicions that the EU authorities are unfairly targeting US companies. Impacts Short-term relations with the US government will deteriorate but -- if the Microsoft experience is any guide -- without lasting damage. The Apple ruling may bolster the Commission's reputation, as concerns over corporate power and inequality resonate with the EU public. Once it is outside the EU, the United Kingdom may have few attractions as a hub for US internet operations.

Significance Trump first snubbed the EU on April 30 with a mere postponement of possible tariffs and then humiliated the E3 (Germany, France and the United Kingdom) on May 8 with his decision to withdraw from the Iranian nuclear deal. This sends a highly symbolic message from the US president to his European allies: buckle or face penalties. Impacts Trump’s decisions reinforce a growing realisation in the EU that he will interpret their search for compromise as weakness. The EU faces a difficult road ahead with multiple pressures increasing, both within and outside the bloc. The growing divide between the EU and the United States will please Russia.


Subject New UK economic direction. Significance The rhetoric of the new government implies a radical break with previous policy both domestically (tackling regional inequality) and internationally (the freedom to diverge from EU rules). In both cases the ambitions are real and there will be major changes, but significant economic and political tensions remain and have yet to be resolved: public spending demands may not be met due to fiscal and political constraints while London's aim for economic divergence will face opposition from business. Impacts The respective red lines of the United Kingdom and EU mean that a thin trade deal, or possibly none at all, is the most likely outcome. Large increases in infrastructure spending are unlikely to alleviate regional inequalities in the short term. Economic divergence from the EU will limit the scope for a close and comprehensive EU-UK security and defence relationship post-Brexit.


Subject Prospects for Europe in the third quarter. Significance For the rest of June and the third quarter, the EU will grapple with the future positions within the bloc of two member states, the United Kingdom and Greece. The period will see the resolution, one way or another, of the immediate crisis in Greece's relations with its international creditors. The way in which this takes place will have profound implications for the future of the single currency.


Subject The package of reforms on a new EU-UK relationship. Significance The agreement between the United Kingdom and its EU partners sets the stage for the UK referendum on EU membership, which Prime Minister David Cameron has set for June 23. Cameron said he had negotiated new terms that would allow the United Kingdom to remain in the EU. Impacts The deal bolsters the campaign to remain in the EU, but the referendum outcome is still highly uncertain. The deal will only come into effect if the outcome is for remaining, forestalling a second referendum for better terms. If the outcome is for leaving, a new relationship with the EU would have to be negotiated during a two-year transition period. It would also probably lead to a second Scottish independence referendum and UK break-up.


Subject The United Kingdom's WTO status after Brexit. Significance The terms of the United Kingdom's WTO membership are linked to those of the EU. In order to continue benefiting from other members' concessions after Brexit, the United Kingdom will need to arrange its own membership and terms in a potentially lengthy and complicated negotiation process with all other WTO members. Impacts Upon Brexit, the United Kingdom will regain its full competence for concluding bilateral and regional trade agreements. The government's slow progress in recruiting experienced UK trade negotiators may put it at a disadvantage. Poor understanding of the complexity of WTO negotiations may mean that economic losses have been underestimated.


Significance This followed a landmark speech on January 17 in which she added more clarity and detail to her previous stance on the United Kingdom’s departure from the EU. May indicated a willingness to leave the single market, strongly implied that the United Kingdom would not be part of the customs union in its current form and asserted that she would rather quit the EU with no permanent or transitional deal agreed than accept an arrangement which limited the United Kingdom’s future freedom of action. Impacts The government is likely to meet its preferred timetable for triggering Article 50 even if it has to obtain approval from parliament. The United Kingdom will probably lose its passporting rights, which allow UK-based banks to sell their products across the EEA. Paris and Frankfurt will probably benefit as banks may seek to move some of their staff out of London.


Subject The US Global Magnitsky Act. Significance Congress passed the Global Magnitsky Act as part of an annual national defence bill on December 8 and President Barack Obama is expected to sign it before the end of the year. The legislation allows the president to impose sanctions against individuals tied to official corruption and extrajudicial killings carried out in retaliation for uncovering illegal or corrupt acts. Impacts Jurisdictions in Australia, Canada, Singapore and the United Kingdom may also seek to boost real estate transparency. The White House may use its new sanctioning powers to pressure Iran and burnish its anti-Tehran credentials. The example set by Trump’s future use of the Global Magnitsky Act will be directly correlated with its chance of renewal in 2022.


Significance This comes after the Telegraph reported last week that Soros had donated 400,000 pounds to the group. There is an ongoing debate as to whether the United Kingdom will in fact leave the EU. Central to it is the question of whether the UK government can unilaterally revoke its decision to trigger Article 50 in March 2017. Impacts Voters would be less likely to support the revocation of Article 50 if the Council imposed conditions that made membership less attractive. Revoking Article 50 and remaining in the EU would reduce damage to the UK economy. If Article 50 is revocable, Eurosceptic governments could be tempted to use the prospect of triggering it as leverage in EU negotiations.


Subject MiFID II implementation and compliance Significance The EU’s flagship investor protection reform -- the Markets in Financial Instruments Directive II (MiFID II) -- will come into force on January 3, 2018, Valdis Dombrovskis, the EU Commissioner responsible for financial stability, confirmed on October 17, saying that there would not be a further delay. Despite already having been given an extra year's extension, banks are struggling to comply in time because of the directive's complexity. Regulators, too, are behind in expanding their capacity to enforce it. Impacts Firms across the world that do any of their business within the EU will have to comply, not just those registered in the EU. All firms trading in financial instruments must comply but those where this is a small part of their business may be caught unawares. MiFID II will come into effect before the United Kingdom leaves the EU and is likely to be written into UK law post-Brexit. The United States is keen to deregulate, but US firms whose EU activity is not compliant will be punished, possibly harming US-EU relations.


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