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The paternity suit

How Bangladesh traded the right to say no for a 19% discount -- and why the next government should tear up the contract

Update : 16 Feb 2026, 03:43 PM

The light over Shahbagh, that particular February, was fading through the windows of the Secretariat when the fountain pen touched paper. The commerce adviser signed, and cameras recorded for the evening news, and three hundred metres away, in the gridlock of Shahbagh intersection, a rickshaw puller waited without knowing that the terms of his children's economic future were being sealed in a language he would never read.

Somewhere in Everett, Washington, a Boeing executive was packing his briefcase. Somewhere in New Delhi, a trade official received the text by secure line and began drafting a memo. Somewhere in Dhaka's old town, a garment factory owner calculated: 19%. He had not yet seen Article 4.2. He did not yet know about the complementary measures.

Forty-eight hours later, at a press conference in the same building, the Commerce Adviser said something that should have stopped the nation mid-stride. The agreement, he explained, contained an exit clause. Two months' notice. They had been, he said, "mindful of the next government" when they negotiated it.

Let us sit with that sentence -- not as a sound bite, but as an artifact. He did not say: We secured a fair deal. He did not say: This serves Bangladesh's long-term national interest. He said: We built an escape hatch. You might need it.

This is not a confession of prudence. This is the passing of a hostage note to one's successor. And the question now before the incoming government of Bangladesh -- before every citizen who will live under this agreement's constraints for the next decade, the next administration, the next generation -- is whether we have the courage to use that key.

Not to slam the door in protest. Not to withdraw from the world. But to reopen negotiations as equals, not supplicants. Because this document, sold to the nation as a reciprocal tariff agreement, is not a partnership.

It is a paternity suit.

The fine print of surrender 

The headlines, those seductive headlines, promised a victory. Thirty-seven percent reduced to nineteen. Zero duty on garments stitched from American cotton and man-made fibre. The commerce adviser called it a triumph of negotiation.

But the tariff was never the agreement. The tariff was the bait.

The cage -- and it is a cage, however gilded -- is constructed in the provisions that follow Section 1. Consider Article 4.2, buried near the back of the document, almost an afterthought. 

It requires Bangladesh to "cooperate" with the United States in restricting transactions that would violate American sanctions and export controls, even when those transactions are entirely lawful under Bangladeshi law, perfectly consistent with United Nations resolutions, and unremarkable under the customary norms of international commerce. 

Our foreign policy, on these pages, ceases to be our own. It becomes a subsidiary of the US Treasury Department, harmonized with Washington's diktats rather than calibrated to Dhaka's interests.

Then there are the procurement commitments, tucked between paragraphs, threaded through annexes. 

Biman Bangladesh Airlines intends to purchase 14 Boeing aircraft. The government pledges to "facilitate" these acquisitions. It undertakes to "endeavour" to secure long-term offtake agreements for American liquefied natural gas valued at approximately $15 billion over 15 years. 

It commits to buy at least seven hundred thousand metric tons of American wheat annually for five years, and American soy and soy products worth a minimum of $1.25bn. These are not side letters or memoranda of understanding. They are embedded within the treaty itself, as binding as any tariff schedule.

Article 4.1 is perhaps the most extraordinary. If the United States adopts a border measure or trade action it deems relevant to its economic or national security -- the text does not define "deems," does not require consultation, does not permit appeal -- Bangladesh shall adopt "complementary restrictive measures" in support. 

The trigger is unilateral. The obligation is unconditional. The scope is undefined. This is not reciprocity. This is a blank check, written in our name, deposited in Washington's account, to be cashed at discretion.

The agriculture provisions dismantle what remains of our regulatory sovereignty. Bangladesh has opened its market to American dairy, beef, poultry, soy products, fruits, and nuts. It will accept vehicles built to US federal safety and emissions standards. 

It will recognise FDA certifications for medical devices and pharmaceuticals. Each concession, considered in isolation, can be defended. Considered together, they represent not trade facilitation but regulatory occupation.

The commerce secretary told reporters they had rejected provisions that would "create sensitivity or discrimination against other countries." Perhaps they rejected some. But these -- these they accepted. These they signed.

The cotton trap

The headline concession, the one that dominated the evening news and earned the Commerce Adviser his moment of triumph, demands particular scrutiny. Bangladeshi garments made with American cotton and man-made fibre will enter the United States at zero reciprocal tariff. This is presented as a transformative advantage, the kind of preferential access that builds dynasties.

The arithmetic is more complicated.

Bangladesh currently imports approximately $250m of American cotton annually. India, our neighbour and competitor, imports $200m. The difference -- $50m -- is now the price of tariff discrimination against India. 

But the cost advantage for Bangladesh, after accounting for higher shipping expenses and longer transit times from Gulf of Mexico ports, has been estimated by Mumbai-based exporters at merely two to three percent. A marginal advantage, temporary and contested, purchased with permanent constraints.

For this, Bangladesh has accepted tariff bindings that prevent it from protecting future industries. It has accepted regulatory deference that subordinates its accreditation bodies to American laboratories. It has accepted prohibitions on independent public health standards in third-country agreements. It has accepted alignment with American sanctions regimes. It has signed a blank check on complementary measures whose scope it cannot foresee.

This is not a trade agreement. This is a cotton subsidy dressed in sovereignty's clothing.

Indonesia’s defense: A lesson in standing upright

Twelve thousand kilometres southeast of Dhaka, across the Bay of Bengal and the South China Sea, a different story was unfolding.

In October 2025, the World Trade Organization issued its final ruling on case DS616, a dispute between Indonesia and the European Union concerning stainless steel. 

The European Union had imposed duties ranging from 9.3% to 21.4% on Indonesian stainless steel since 2021, alleging illegal subsidies and raw material price distortions. Indonesia could have done what small countries often do: Accept the duties, negotiate a side deal, seek tariff preferences in exchange for policy concessions.

Instead, Indonesia fought.

Not through bilateral supplication, but through the multilateral dispute settlement system it had helped strengthen over decades of patient diplomacy. The WTO Panel found in Indonesia's favour. It concluded that Indonesia's nickel export policy did not constitute unfair subsidization. It ruled that import duty exemptions in bonded zones were consistent with WTO disciplines. It determined that financial support from Chinese entities to Indonesia's stainless steel industry did not qualify as prohibited transnational aid.

When the ruling was announced, Indonesia's Trade Minister, Budi Santoso, did not speak of exit clauses or escape hatches. He called the decision “a major milestone in securing market access for our stainless steel in the EU and other countries.”

Note what Indonesia did not do. It did not sign an agreement surrendering its right to impose export taxes on raw materials -- the very policy that had enabled its downstream industrialization. 

It did not accept permanent tariff bindings in exchange for temporary tariff preferences. It did not commit to aligning its foreign policy with Brussels or Washington. It defended its policy space within the rules-based system, and it won.

Today, Indonesia's stainless steel exports to Europe continue. Its domestic processing industry has attracted more than $30bn in investment. It does not export ore; it exports manufactured goods. It achieved this not through supplication, but through litigation. Not through surrender, but through sovereignty.

Vietnam’s warning: What happens when you trust too much

The Vietnamese experience offers a different lesson -- not in what to emulate, but in what to avoid. For years, Vietnam was celebrated as the exemplary connector economy, the nation that aligned with both China and the United States while remaining formally neutral, positioning itself as the critical intermediary in fragmented global supply chains. It was the model held up to every developing country: Integrate, open, trust.

In April 2025, the United States imposed a 46% reciprocal tariff on Vietnamese goods. Hanoi's diplomatic overtures were rebuffed. The US Commerce Secretary declared that Washington would not reciprocate even if Vietnam eliminated all tariffs on American products.

The vulnerability ran deeper. For much of the past decade, the US Treasury had periodically investigated Vietnam for alleged currency manipulation. In November 2023, just two months after the upgrade of bilateral relations to a Comprehensive Strategic Partnership -- the highest designation in Vietnam's diplomatic hierarchy -- Vietnam was again placed on the monitoring list.

Nor was the vulnerability limited to American relations. During the Covid-19 pandemic, thousands of trucks remained stranded at the Chinese-Vietnamese border following reported infections in Guangxi province. The Vietnamese trade ministry was compelled to issue public pleas for redress to provincial Chinese authorities -- a humiliation that would normally have been resolved through quiet diplomatic channels.

The structural weakness, as the economist Guanie Lim has documented, lies beneath these diplomatic embarrassments. Foreign-invested enterprises now account for 74.2% of Vietnamese exports, up from 47% in 2000. State-owned enterprises, propped up by subsidies, dominate sheltered sectors like finance and utilities but possess negligible presence in export markets or high-technology manufacturing. Domestic private firms, long romanticized as the dynamic alternative, remain entrenched in wholesale and retail trade, finance, and real estate -- industries that offer scale but little transformative potential.

Only one Vietnamese private firm, Hoa Phat Group, has made meaningful inroads into steel manufacturing. The remainder of the domestic private sector has not upgraded. The industrial landscape now resembles several silos operating in isolation: Globally linked foreign firms, stagnant state enterprises, and low-capability domestic companies. The prospects for building a robust domestic industrial ecosystem, for capturing global market share through long-term skill development in key manufactured goods, appear bleak.

Vietnam's tragedy is that it followed the precise prescriptions now being offered to Bangladesh. It opened. It integrated. It trusted that proximity to power would confer protection. Instead, it discovered that dependency without industrial depth is not partnership. It is permanent vulnerability.

India’s calibration: The art of saying no

Consider, finally, the agreement India concluded with the United Kingdom in July 2025.

The contrast with Bangladesh's approach could not be starker. India agreed to eliminate tariffs on 100% of its tariff lines for British goods -- the same comprehensive coverage Bangladesh extended to the United States. But India staged this elimination over seven years, covering 99.6% of Indian exports by value. Immediately upon entry into force, only 64% of Indian tariff lines become duty-free for British goods, covering approximately £1.9 billion pounds of current UK exports.

More significantly, a detailed analysis of over 12,000 product lines reveals that 57% of negotiated product categories will see tariff rates fall to zero only after 2030. Within this group, nearly two-thirds will wait as long as a decade before tariffs are fully eliminated. Silver bars, taps and valves, cosmetics, and certain medicines are among the categories delayed until the mid-2030s.

India has also kept 14% of the United Kingdom's $8.5bn worth of exports entirely outside the agreement's purview. Milk, certain vegetables, spices, aluminium scrap, ethernet switches, and completely knocked-down car units are excluded to shield domestic industries.

This is what reciprocity looks like between sovereign equals. Asymmetric timelines. Protected sectors. The deliberate, calibrated retention of policy space. The right to say no.

Bangladesh secured a 19% tariff reduction, immediately effective, permanently bound. India secured an 18% on its textile exports to the United States -- $1.4bn of trade -- and its negotiators are reportedly dissatisfied with the terms. 

Yet even in that imperfect Indian agreement, the structure differs fundamentally from Dhaka's. India made purchase commitments. It did not sign blank checks on national security alignment. It did not surrender the right to set independent standards in third-country agreements. It did not accept unilateral termination clauses.

The difference between the two approaches is not a matter of negotiator skill. It is a matter of national self-conception. India arrived in London believing itself an equal. Bangladesh arrived in Washington believing itself a supplicant. The texts reflect that divergence.

The theory of dependency

There exists, in the academic literature on international political economy, a distinction that deserves wider currency. Sensitivity and vulnerability are not synonyms. Sensitivity measures how quickly policy changes in a dominant economy affect a smaller one. Vulnerability measures something deeper: The cost a smaller country suffers even after it changes its own policies to adapt.

Bangladesh has always been exquisitely sensitive to American tariff policy. Eight billion dollars in annual exports, a $6bn trade surplus, concentrated in a single sector -- this is structural exposure that no agreement can erase. But this agreement does not reduce Bangladesh's vulnerability. It codifies it.

Consider the asymmetry. The United States can terminate the agreement if Bangladesh signs a digital trade deal with another country that "jeopardizes essential US interests." The United States determines what constitutes jeopardy. The United States decides when consultations have failed. The United States pulls the trigger.

Bangladesh receives no equivalent termination right. It cannot walk away from its procurement commitments, its regulatory alignments, its harmonization with US export controls, without triggering the reimposition of the original 37% on some or all of its exports.

This is not de-risking. This is risk concentration, formalized in treaty text, notarized by signatures, deposited in archives, binding on successive governments regardless of their mandate or mandate.

What the incoming government must do

The agreement is signed. The fountain pen has dried. The televised handshakes have been broadcast and archived. But the document contains, as its authors acknowledge, an exit clause. Two months' notice. The commerce adviser, in his moment of candour, admitted this was intentional -- a recognition, however belated, that they had negotiated terms no permanent government could reasonably be expected to endure indefinitely.

He was right to include the clause. He was wrong to believe that signing the agreement was necessary in the first place.

The incoming government now faces a choice. It can accept the paternity suit as an inheritance and govern within its constraints, administering the terms of its own subordination. Or it can use the exit clause not as an admission of failure, but as the key to a door that should never have been locked.

The first step is notification. Not withdrawal, not termination, but notification of intent to terminate, effective in 12 months. This is not rejection. This is renegotiation under deadline. 

The American textile and cotton lobbies, which benefit enormously from guaranteed Bangladeshi demand, will not permit this agreement to die. They will push the US Trade Representative back to the table. The question is whether Dhaka arrives with a clear mandate and non-negotiable red lines.

Those red lines must be drawn before negotiations begin. Article 4.1 and Article 4.2 must be deleted in their entirety. Bangladesh will not enforce American sanctions or adopt complementary restrictive measures at Washington's unilateral discretion. 

Article 3.2.2 must be deleted. No unilateral termination rights over digital trade with third countries. Article 2.2 must be amended to provide for mutual recognition of internationally accredited laboratories, not exclusive deference to US-accredited bodies. 

Article 2.3.3 must be amended to remove the prohibition on sanitary and phytosanitary measures with third countries; Bangladesh will commit instead to WTO SPS principles, which already provide ample protection against disguised restrictions. And a general exceptions clause mirroring GATT Article XX must be inserted -- health, environment, public morals, national security -- not as a courtesy but as a right.

These are not maximalist demands. They are not the fantasies of anti-American ideologues or the slogans of street protesters. They are the baseline conditions of sovereign equality, the minimum standards that any self-respecting nation requires before it binds its future to another's.

But even the most artfully renegotiated agreement will leave Bangladesh vulnerable if its trade relationships remain concentrated in a single market. 

Diversification must become state policy, pursued with the same urgency that accompanied the post-independence reconstruction of the economy. The Global South now accounts for more than 40% of world GDP and drives 80% of global growth. Intra-African trade under the African Continental Free Trade Area reached $192bn in 2023. China has removed tariffs on goods from 53 African nations. South African farmers, hit with 30% American tariffs, found new markets in Beijing.

Bangladesh should negotiate trade agreements with China, India, ASEAN, and the African Continental Free Trade Area. These agreements should be purely commercial, unencumbered by policy anchors, national security commitments, or regulatory deference. The objective is not isolation from the United States. The objective is the reduction of American share in Bangladesh's overall vulnerability -- the creation of alternatives so that no single partner can dictate terms.

And finally, beneath all the treaties and negotiations and tariff schedules, there is the patient work of institutional capacity. 

The Bangladesh Accreditation Board should receive ten-year funding commitments and technical partnerships with German, Japanese, and Singaporean counterparts. The goal, within a decade, is that Bangladeshi laboratories and certification bodies achieve international recognition -- not as supplicants seeking equivalence, but as institutions whose competence is acknowledged without condition. 

The goal is that when the next agreement is negotiated, Bangladesh arrives not with a fountain pen borrowed from a visiting delegation, but with its own regulatory infrastructure, its own technical expertise, its own unembarrassed conviction that it belongs at the table.

Epilogue: The unwritten page

Dhaka, February 2027. One year later. The same Secretariat conference room, perhaps, though the furniture may have been rearranged. The same fluorescent lights, the same gridlock on the streets below, the same tea stalls steaming at every intersection. Perhaps the same fountain pen -- though perhaps the new adviser has brought her own.

Across the table sits the US Trade Representative, or her designee. On the table: A revised agreement. Shorter. Cleaner. Article 4.1 deleted. Article 3.2.2 deleted. Article 2.2 amended. The deletions are bracketed in the draft, the insertions tracked in red. The USTR speaks first.

"You're asking us to accept less than we had."

The adviser does not look away. She does not consult notes. She has been preparing for this sentence since the day she took office.

"We're asking you to accept an equal," she says. "We were never meant to be a ward. We are a nation of 170 million people with eight billion dollars in exports to your country. We built a garment industry from nothing. We graduated from least-developed country status. We held free and fair elections. We did not do any of this by surrendering the right to say no."

Silence. The USTR taps the table once, twice. Then: "We'll take this to Washington."

Outside, the city continues its ancient, modern rhythm -- rickshaws and smartphones, tea stalls and satellite dishes, the call to prayer and the chime of payment apps. Too vital to be anyone's satellite. Too proud to remain anyone's supplicant.

The exit clause is not an admission of failure. It is the agreement's most important feature. The commerce adviser who included it deserves credit for foresight, even if he deserves censure for everything that preceded it. 

The question now is whether the incoming government has the wisdom to use it -- not as a tantrum, not as a cudgel, but as the instrument by which Bangladesh reclaims its seat at the table, not as a supplicant seeking favours, but as a sovereign nation demanding what sovereign nations are due.

Respect. Reciprocity. The right to say no.

Bangladesh does not need to withdraw from the world. It needs to withdraw from subordination. The difference is everything.

Zakir Kibria is a Bangladeshi writer, policy analyst and entrepreneur based in Kathmandu, Nepal. His email address is [email protected].

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