Foreign investors increasingly find that America, under US President Donald Trump’s second-term agenda, is becoming less hospitable for foreigners to profit – whether through trade or the capital markets.
On May 28, the US Court of International Trade ruled that Trump overstepped his authority under the International Emergency Economic Powers Act (IEEPA) without congressional approval to impose his sweeping “Liberation Day” tariffs. A day later, the US Courts of Appeal for the Federal Circuit issued a temporary stay on the trade court’s ruling, allowing his tariffs to remain in effect, to review the plaintiffs’ responses by June 5, and that for the Trump administration by June 9. If the appeals court backs the trade court’s ruling, the administration will likely cascade the case to the Supreme Court.
The timing of the trade court’s ruling against Trump’s sweeping tariffs could not be worse, landing just as US Treasury Secretary Scott Bessent is trying to push through Trump’s “One Big Beautiful Bill” by Independence Day. Apart from undercutting tariffs as a significant government revenue source, the trade court’s ruling, if upheld, would cast legal doubts on Trump’s authority to bypass Congress just as negotiations over the federal debt ceiling start to intensify. Bessent told US lawmakers that the US could reach its X-date as early as August. Fiscal hawks in the US Senate have significantly resisted the OBBB following the House’s tight 215-214 vote on May 22, less than a week after Moody’s axed America’s final triple-A sovereign debt rating. Since early April, the divergence between the DXY Index and the US Treasury 30Y yield remains a concern for bond vigilantes.
The trade court’s ruling appeared to have pivoted Trump toward improvisational Plan B solutions such as doubling steel and aluminium tariffs to 50%; blaming China for the breakdown in trade talks; and reviving a capital gains tax on foreign holdings of US assets. In tandem with rising tariffs and legal overreach, the capital tax proposal would reinforce the perception that Trump’s America is no longer open to foreign participation on equal terms.
Against this background, the focus at the European Central Bank meeting on June 5 could be less about the 25bps cut in the deposit facility rate to 2% that the markets have fully discounted. Instead, ECB President Christine Lagarde could seize the moment to position the EUR as a safe, stable, and rule-based alternative global currency that would not default on its institutions. With the Bank of Japan also dealing with its bond market volatility, the Swiss National Bank will find it difficult to counter the CHF’s haven currency appeal, risking domestic backlash if it resorts to negative rates, and America’s criticism if it intervenes.
Quote of the Day
“Concentrate all your thoughts upon the work at hand. The sun’s rays do not burn until brought to a focus.”
Alexander Graham Bell
June 2 in history
In 1875, Alexander Graham Bell and his assistant Thomas Watson made their first sound transmission, a significant step in the development of the telephone.
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