In addition, as the agreement is non-binding, ratification requires less political capital. Its modular format also allows members to choose less contentious areas of potential cooperation as first steps towards broader commitments. Members whose data privacy regulations are made interoperable, for example, can start with collaboration in that area and eventually shift to other focus areas.

Lastly, as the agreement is a living document that can absorb innovations, Depa members get a front row seat to shape regional and potentially global rules for digital trade.

Several countries are already eyeing the opportunity to determine the future of digital trade. South Korea plans to join in September and China has also applied to be a member.

ASEAN's choices

Granted, Asean has choices, as evident by the members’ digital masterplans and roadmaps, the most recent of which is the Asean Digital Economic Framework Agreement (Defa). The Depa would be a useful addition to the region’s policy toolkit, while simultaneously enhancing its extra-regional connectivity.

As for the United States, Washington’s current focus on efforts to contest the perceived monopoly power of America’s “Big Tech” companies is understandable.

But that policy standoff also underscores that, in such an environment, an approach that mimics the relatively high-standard US-Japan Digital Trade Agreement or the digital chapter of the US-Mexico-Canada free trade agreement would be a tough sell in Southeast Asia. Fairly or unfairly, both are seen as favouring the interests of big business, especially regarding digital taxes and tariffs.

When visiting Washington in September, Singapore’s Minister for Foreign Affairs Vivian Balakrishnan reminded the United States to consider Asean “in its own right,” not just as an extension of US-China competition.

Now is a good time for regional leaders to exercise their roles as peers and clearly state their aspirations and preferences. If Southeast Asian leaders prefer that the US join the Depa rather than try to construct a separate agreement out of whole cloth, now is a good time to say so – and to join the US as equal partners in shaping the future of digital trade.