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          Congressional Research Service
~informing the legislative debate since 1914


                                                                                               Updated June 3, 2019

WTO Disciplines on U.S. Domestic Support for Agriculture


Trade is critical to the U.S. agricultural sector: Exports
account for about 20% of total U.S. agricultural production.
Some commodities-such as cotton, wheat, and soybeans-
have export shares of nearly 50% or greater. As a member
of the World Trade Organization (WTO), the United States
has committed to abide by WTO rules and disciplines,
including those that govern domestic farm policy.
WTO Disciplines of Domestic Support
A farm support program can violate WTO commitments in
two principal ways-first, by exceeding spending limits of
certain market-distorting programs and, second, by
generating distortions that spill over into the international
marketplace and cause significant adverse effects.
The Agreement on Agriculture (AoA)
The WTO's AoA spells out the rules for countries to
determine whether their policies for any given year are
potentially trade distorting, how to calculate the costs of
any distortion, and how to report those costs to the WTO in
a public and transparent manner.

   WTO Classification of Domestic Support
 The WTO uses a traffic light analogy to group programns.
  Green box programs are inimally or non-trade
    distorting and are not subject to any spending limits.
   Blue box programns are described as miarket-dlistorting but
    production-limiting. Payments are based on either a fixed
    area or yield or a fixed nuie of livestock and are md
    on less than 85% of base production. As such, blue box
    programs are not subject to spending limits.
   Amber box programns are the mnost miarket-dlistorting
    programns and are subject to strict aggregate annual
    spending limits. They are cumulatively measured by the
    aggregate mr     of support (AMS) subject to the de
    minimis exemption (explained below).
   Prohibited programs include certain types of export
    and ir subsidies and non-tariff trade barriers that are
    not explicitly included in a country's WTO schedule or
    identified and accepted in the WTO legal texts.
   De minimis exemptions are spending that is sufficiently
    smal (less than 5'. of the value of production)-relative to
    either the value of a specific product or total production-
    to be dleemned benign.

By leaving no constraint on spending in the green box while
imposing limits on AMS spending, the WTO encourages
countries to design their domestic farm support programs to
be more green box compliant and less market distorting.
The majority of U.S. domestic agricultural support outlays
have been categorized as green box (Figure 1) and thus not
subject to the amber box limit.
Under the AoA, U.S. amber box outlays are limited to
$19.1 billion annually, subject to de minimis exemptions.


Most U.S. commodity support outlays are notified as amber
box: either product- or non-product-specific (Figure 2).
However, direct payments (DPs) were notified as
decoupled, green box income support and were excluded
from the amber box limit. DPs were repealed by the 2014
farm bill (P.L. 113-79).
Figure I. U.S. Annual WTO Notifications by Category


      I B
$125i


Blue Box
De Minmis: ProductSpecific
De PMirnis: Non Product Sptif
Amrbcr ox
Green Box


     1995       2000       2005        2010       2015 j
Source: U.S. annual notifications to the WTO through 2016.
Note: PS = product specific; NPS = non-product specific.
Since 1995, the United States has stayed within its AMS
limits (Figure 2). However, U.S. compliance has hinged on
judicious use of the de minimis exemptions in a number of
years (e.g., 1999-2001 and 2005) to exclude substantial
amber box spending (including crop insurance subsidies)
from counting against the AMS limit.
Figure 2. U.S. Amber Box Outlays, De Minimis
Exemptions, and the Amber Box Spending Limit
[25   Billion


2000       2005        2010       2015


Source: U.S. annual notifications to the WTO through 2016.
Notes: PS = product specific; NPS = non-product specific.


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