In response to the recent ratification of a U.S. trade law, the State Department expressed reservations about provisions of the law intended to discourage economic warfare against Israel. These reservations include concern over the law’s alleged “conflation” of the West Bank with the remainder of Israel. Eugene Kontorovich points out that not only does the law make no such conflation, but the State Department’s reservations bespeak a poor understanding of U.S. policy:
The State Department has recently tried to minimize the significance and effect of provisions in the newly enacted trade promotion laws that seek to discourage boycotts and other economic sanctions against Israel. Some have suggested that the State Department’s spin on these laws effectively negates them. But while the administration’s backtracking on a law it just signed proceeds from inaccurate facts and bad policy, it does not — and cannot — annul the legislation.
Both houses of Congress unanimously introduced the provision as an amendment to the Trade Promotion Authority that instructs that the United States to adopt as part of its trade negotiation policy the goal of “discourag[ing] politically motivated actions to boycott, divest from, or sanction Israel” by foreign countries.
The day after President Obama signed the law, a State Department spokesman expressed disapproval of the provisions that make it clear that the law applies in full to “business in Israel or in Israeli-controlled territories.”