Published on January 20, 2025
This presidential memorandum effectively withdraws the United States from the OECD Global Tax Deal, directing officials to notify the OECD that previous commitments are void without Congressional approval. The action also orders the Treasury Secretary to investigate potentially discriminatory foreign tax practices against American companies and develop protective countermeasures within 60 days.
While framed as protecting American sovereignty and business interests, this action appears designed to preserve tax advantages for large multinational corporations while potentially triggering international tax conflicts. The memorandum's emphasis on "protective measures" against foreign tax policies could serve as justification for retaliatory actions that benefit specific corporate interests, while the vague language around "extraterritorial" tax measures could be used to challenge legitimate foreign tax regulations that impact U.S. tax avoidance strategies.
Though presented as a defense of American economic interests, this action may primarily serve to maintain favorable tax conditions for certain corporate entities while potentially isolating the U.S. from global tax cooperation efforts. The resulting international tax tensions could ultimately harm broader American economic interests while benefiting a select group of multinational corporations seeking to minimize their tax obligations.
MEMORANDUM FOR THE SECRETARY OF THE TREASURY THE UNITED STATES TRADE REPRESENTATIVE THE PERMANENT REPRESENTATIVE OF THE UNITED STATES TO THE ORGANIZATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT SUBJECT: The Organization for Economic Co-operation and Development (OECD) Global Tax Deal (Global Tax Deal) The OECD Global Tax Deal supported under the prior administration not only allows extraterritorial jurisdiction over American income but also limits our Nation’s ability to enact tax policies that serve the interests of American businesses and workers. Because of the Global Tax Deal and other discriminatory foreign tax practices, American companies may face retaliatory international tax regimes if the United States does not comply with foreign tax policy objectives. This memorandum recaptures our Nation’s sovereignty and economic competitiveness by clarifying that the Global Tax Deal has no force or effect in the United States. Section 1. Applicability of the Global Tax Deal. The Secretary of the Treasury and the Permanent Representative of the United States to the OECD shall notify the OECD that any commitments made by the prior administration on behalf of the United States with respect to the Global Tax Deal have no force or effect within the United States absent an act by the Congress adopting the relevant provisions of the Global Tax Deal. The Secretary of the Treasury and the United States Trade Representative shall take all additional necessary steps within their authority to otherwise implement the findings of this memorandum. Sec. 2. Options for Protection from Discriminatory and Extraterritorial Tax Measures. The Secretary of the Treasury in consultation with the United States Trade Representative shall investigate whether any foreign countries are not in compliance with any tax treaty with the United States or have any tax rules in place, or are likely to put tax rules in place, that are extraterritorial or disproportionately affect American companies, and develop and present to the President, through the Assistant to the President for Economic Policy, a list of options for protective measures or other actions that the United States should adopt or take in response to such non-compliance or tax rules. The Secretary of the Treasury shall deliver findings and recommendations to the President, through the Assistant to the President for Economic Policy, within 60 days. Sec. 3. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department, agency, or its head; or (ii) the functions of the Director of OMB relating to budgetary, administrative, or legislative proposals. (b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.