The Elimination of Section 936

Zaida Feliciano Queens College

The repeal of Section 936 resulted in lost manufacturing jobs for the USA and a 15 year economic crisis for Puerto Rico. 

As we sit today in the middle of a world pandemic, a few things seem certain. COVID 19 is a health crisis that has forever changed our relationship with globalism. It is time for a new understanding of how manufacturing keeps us all safe. This is especially true of the pharmaceutical industry. With shortages of basic supplies, medicines and protective gear, is it time to bring critical manufacturing back to the United States?

In this AG&T Thought Leadership conversation, we speak with economics professor Zadia Feliciano (see bio)of Queens College and explore the consequences for the USA and Puerto Rico of eliminating the manufacturing tax incentives –  Section 936.

In her groundbreaking work on Section 936, entitled, “US Multinationals in Puerto Rico and the Repeal of Section 936 Tax Exemption for U.S. Corporations“, professor Feliciano and Andrew Green, “analyze the effects of the phase out and elimination of Section 936 on the number of establishments, value added, employment, and wages in Puerto Rico’s manufacturing.  

Unfortunately, the elimination of Section 936 helped push critical manufacturing AWAY from the USA. Critical manufacturing left Puerto Rico (USA) and  sought cheaper markets in Mexico, Ireland, Latin America and China.

Moving Forward.

The Food and Drug Administration has for some time been expressing concern that the United States is too dependent on China within the medical supply chain. Puerto Rico has 49 FDA-approved pharmaceutical plants in place, and produces not just one quarter of all U.S. pharmaceutical exports, but also significant amount of medical devices.

Puerto Rico’s manufacturing industry is in need of support, but is also in a position to blossom, similar to other areas of the country that used to have a strong manufacturing base. In the area of pharmaceuticals, Puerto Rico has the advantage of an educated workforce and many people experienced in the industry. Puerto Rico produces 25% of the pharmaceuticals exported by the United States. This is more than any State. The Island has the cold chain logistics for pharmaceuticals in place. The learning curve would be lower for Puerto Rico than for many other U.S. regions. The time to act is now.

To learn more about how Puerto Rico can help USA manufacturing. 

Puerto Rico’s Manufacturing Renaissance: Strengthening America’s Supply Chain

Luis Fortuno

Puerto Rico's Manufacturing Renaissance: Strengthening America's Supply Chain

About Luis Fortuño

Luis G. Fortuño is the former Governor of Puerto Rico (2009–2013) and one of the island’s leading voices on economic development, manufacturing, and public policy. Prior to serving as governor, he was Puerto Rico’s Resident Commissioner in the U.S. Congress, where he advocated for the island’s economic and federal priorities. Today, he is a partner at Steptoe LLP, advising multinational corporations, investors, and governments on public policy, international trade, infrastructure, energy, and economic development.

Throughout his career, Governor Fortuño has been a strong advocate for strengthening Puerto Rico’s role as a strategic manufacturing hub for the United States. His deep understanding of government policy, international business, and economic competitiveness offers valuable insight into how Puerto Rico can leverage its world-class pharmaceutical industry, highly skilled workforce, and U.S. legal framework to support the reshoring of critical manufacturing and build a more resilient American supply chain.

 Luis Fortuño, partner at Steptoe and Johnson (Governor of Puerto Rico 2009-2013)

 

 

The COVID-19 pandemic fundamentally changed the way governments and businesses think about global supply chains.

For decades, manufacturers optimized production by moving operations to lower-cost jurisdictions around the world. The pandemic exposed the vulnerabilities of that model. Shortages of pharmaceuticals, medical devices, personal protective equipment, semiconductors, and other critical products demonstrated that efficiency alone could no longer be the primary objective. Resilience had become equally important.

Today, reshoring and nearshoring have become central components of U.S. industrial policy.

One question remains especially relevant:

What role can Puerto Rico play in rebuilding America’s manufacturing capacity?

That question was the focus of a conversation between Luis Fortuño, former Governor of Puerto Rico (2009–2013) and Partner at Steptoe LLP, and Adam Greenfader, Chairman of AG&T. Their discussion explored Puerto Rico’s unique position within the United States and why the island remains one of America’s most important strategic manufacturing platforms.

A Manufacturing Legacy

Puerto Rico’s manufacturing story began long before COVID-19.

Beginning with Operation Bootstrap in the late 1940s, Puerto Rico became one of the United States’ premier manufacturing hubs. Over the following decades, the island attracted many of the world’s leading pharmaceutical, biotechnology, medical device, aerospace, and advanced manufacturing companies.

At its peak, Puerto Rico produced a significant share of the pharmaceuticals consumed in the United States and became home to one of the highest concentrations of pharmaceutical manufacturing facilities anywhere in the world.

That industrial base continues to represent one of Puerto Rico’s greatest competitive advantages.

Why Puerto Rico Still Matters

Governor Fortuño emphasized that Puerto Rico possesses several unique characteristics that are difficult to replicate elsewhere.

First, the island already has an extensive network of FDA-approved manufacturing facilities, many of which can be expanded or modernized far more quickly than constructing entirely new plants.

Second, Puerto Rico has a highly skilled workforce with decades of experience in highly regulated industries including pharmaceuticals, biotechnology, life sciences, aerospace, and medical devices.

Third, the island’s universities—particularly the University of Puerto Rico at Mayagüez (RUM)—continue to produce outstanding engineers, scientists, and technology professionals who support many of the world’s leading manufacturers.

Combined with Puerto Rico’s status as a U.S. jurisdiction, these assets create a compelling environment for advanced manufacturing.

Lessons from the Past

The conversation also examined the factors that contributed to Puerto Rico’s manufacturing decline.

The expiration of Section 936, increased global competition, the implementation of NAFTA, and aggressive incentive programs offered by countries such as Ireland, Singapore, and China all encouraged manufacturers to relocate production.

At the same time, Puerto Rico faced economic recession, rising energy costs, fiscal challenges, and the devastating impacts of Hurricanes Irma and Maria.

Despite these setbacks, the island retained one of its greatest strengths—its manufacturing ecosystem.

The Reshoring Opportunity

The pandemic fundamentally altered how companies evaluate supply chains.

Today, resilience, geographic diversification, national security, and supply chain reliability have become strategic priorities.

Puerto Rico is uniquely positioned to benefit from these trends.

As a U.S. territory operating under the American legal, regulatory, and intellectual property framework, Puerto Rico offers manufacturers many of the advantages of domestic production while maintaining strategic proximity to major U.S. markets.

Rather than rebuilding manufacturing capacity from the ground up, many companies have the opportunity to leverage an existing industrial base supported by experienced workers, established infrastructure, and decades of operational expertise.

Policy and Investment

The discussion also addressed the importance of public policy in supporting Puerto Rico’s manufacturing future.

At the time, bipartisan legislation introduced by Resident Commissioner Jenniffer González-Colón, together with members of Congress, sought to strengthen America’s critical supply chains while recognizing Puerto Rico’s strategic role in national manufacturing.

Although specific legislation has evolved over time, the broader objective remains unchanged: strengthening domestic manufacturing capacity while reducing dependence on distant supply chains for essential products.

Looking Back

Viewed today, many of the observations made during this conversation proved remarkably accurate.

Reshoring has become a central objective of U.S. industrial policy.

Supply chain resilience now influences corporate site selection decisions.

Federal investment in advanced manufacturing has accelerated, and Puerto Rico continues to attract new interest from pharmaceutical, life sciences, medical technology, and advanced manufacturing companies seeking to expand production within the United States.

The conversation serves as an important reminder that Puerto Rico’s manufacturing potential did not begin with COVID-19—it simply became impossible to ignore.

AG&T’s Perspective

For more than three decades, AG&T has worked at the intersection of economic development, real estate, infrastructure, hospitality, and industrial investment throughout Puerto Rico and the Caribbean.

Our conversations with policymakers, industry leaders, investors, and manufacturers have consistently reinforced one conclusion: Puerto Rico’s future will be built upon a diversified economy. Puerto Rico is uniquely positioned not only to participate in America’s manufacturing renaissance, but to help lead it.