Beyond the handshake: why obligations remain thin in US trade deal
From Samirul Ariff Othman
Malaysia signed the Agreement on Reciprocal Trade (ART 2025) with the US on Oct 26 amid much fanfare and flag-waving, becoming the first Asean state to conclude a “reciprocal” pact under Washington’s revived trade agenda.
The optics were impressive: Malaysia standing shoulder-to-shoulder with the world’s largest economy. But the deeper question remains: what exactly was gained, and what was merely promised?
Between reciprocity and reality
The deal is part of US president Donald Trump’s “fair and reciprocal trade” framework established in April. It authorises the president to negotiate tariff adjustments under the International Emergency Economic Powers Act and the Trade Expansion Act of 1962, without congressional ratification.
In legal terms, this means ART 2025 is not a treaty. It is an executive agreement; a political instrument that binds governments diplomatically, not juridically. It can be suspended, revised, or revoked by a sitting…
