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EXPORTS TO LATIN AMERICA UP BY OVER 81% -- IMPRESSIVE GROWTH IN EXPORTS TO ALL MAJOR
DESTINATIONS
EXPORT OF PETROLEUM PRODUCTS AND CRUDE UP BY 92%

 New Delhi: March 30, 2005

India’s exports to Latin America have increased by over 81% to touch a figure of US $ 1474.81 million ($ 1.4 billion) during April-December 2004-05 from a level of US $ 812.80 million in the corresponding months of the previous financial year 2003-04. According to the region-wise merchandise trade data available for the period April-December 2004-05 from the Directorate General of Commercial Intelligence & Statistics (DGCI&S) India’s exports to all major destinations are showing an impressive growth. Besides Latin America, exports to Africa are up by 38%; America by 23%; West Europe by 22%; East Europe by 94%; CIS & Baltic States by 7% (although exports to Russia are down by 12%); and Asia & Oceania by over 30% in US dollar terms during April-December 2004-05.

The five top destinations of India’s exports during April-December 2004-05 are Singapore; China; United Arab Emirates; UK; and USA.

The top five commodities of India’s exports during April-December 2004-05 include petroleum: crude & products; gems & jewellery; drugs, pharmaceuticals & fine chemicals; cotton yarn, fabrics and made-ups etc. and readymade garments cotton, including accessories.

Meanwhile, merchandise exports in the eleven months (April 2004-February 2005) of the financial year 2004-05 have been almost US $ 70 billion with a record growth of over 27%. Commenting on the export growth registered this year so far, Shri Kamal Nath, Union Minister of Commerce & Industry, had said that “more than exchange rate variations, the significant increase in exports during the current financial year has been on account of the growing competitiveness of the Indian manufacturing sector and the vigorous export-led growth strategy followed by the government for doubling India’s share in global merchandise trade in the next five years”. 

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"ASEAN REGION - AN IMPORTANT TRADING PARTNER"- ELANGOVAN
ELANGOVAN INAUGURATES FOCUS ASEAN +2 SEMINAR

 New Delhi: March 29, 2005

Shri EVKS Elangovan, Minister of State for Commerce and Industry, said that Association of South East Asian Nations (ASEAN) is an important trading partner of India. He said that India's engagement with the ASEAN started with 'Look East policy' in the year 1991, and was further upgraded to the Summit level in the year 2001 for closer economic linkages with these countries which had cultural and economic affinity with India. He was inaugurating the Focus- ASEAN +2 (including Australia and New Zealand) seminar organized by the Basic Chemicals, Pharmaceuticals & Cosmetics Export Promotion Council (CHEMEXCIL), here this morning.

The Minister said that India had signed Framework Agreements with ASEAN  and  Thailand covering free trade in goods, services and investment. The Agreement with Thailand also has an Early Harvest Programme (EHP) under which both the nations had agreed for elimination of tariffs on common items on a fast track basis. Further, India was also negotiating with Singapore and Malaysia, the contours of a Comprehensive Economic Cooperation Agreement(CECA), which would be finalized soon, he said.

Shri Elangovan noted that the government had launched the Focus ASEAN +2 programme from 1st April 2004, to sensitize various organisations like Export Promotion Councils, Chambers of Commerce and Industry, EXIM Bank and Export Credit Guarantee Corporation (ECGC), for enhancing India's exports to these countries.

ASEAN comprises Brunei, Cambodia, Indonesia, Malaysia, Lao PDR, Myanmar, Philippines, Singapore, Thailand and Vietnam. India's major items of exports to countries in the ASEAN region include oil meals, gems & jewellery, meat, cotton yarn & fabrics, fruits and vegetables, engineering & marine goods, drugs, chemicals and pharmaceuticals. In this connection, Shri Elangovan observed that the products of CHEMEXCIL are comparable with international products in terms of safety, efficacy and quality.

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PHARMA AMONG TOP FIVE SECTORS ATTRACTING FDI INTO INDIA

 New Delhi: March 29, 2005

 Drugs and pharmaceuticals figure amongst the top five sectors accounting for the maximum foreign direct investment (FDI) inflows into India during the period April 2002 to December 2004. The other four sectors are:  electrical equipments, transportation industry, services sector and telecommunications.   FDI is an important driver of economic growth.   Besides complementing and supplementing domestic investment, FDI also brings in technological upgradation and best managerial practices and helps in making the Indian industry internationally competitive.

As per the FDI inflows reported by the Reserve Bank of India (RBI) regional offices, Delhi ranks first in terms of FDI inflows received during April 2002 to December 2004, followed by Maharashtra, Tamil Nadu and Karnataka.

Government of India have put in place a liberal, transparent and an investor-friendly FDI policy under which FDI up to 100% is allowed under automatic route for most sectors/activities including power generation, transmission and distribution, except atomic power; roads and highways; and most of the mining activities.  FDI up to 26% is allowed in the newspapers.   FDI policy, including the procedures, are reviewed on an ongoing basis to facilitate greater inflow of FDI into the country.  The government have recently allowed FDI up to 100% under the automatic route for the development of townships, housing, built-up infrastructure and construction-development projects.

According to an analysis carried out by ASSOCHAM on FDI inflows in proportion to country's GDP, India's FDI-GDP ratio is 0.8% as against 4.3% in China, 4.7% in UK, 4% in Brazil, 3.7% in Thailand, 3% in Mexico and 16.8% in Hong Kong

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KAMAL NATH CALLS FOR FOCUS ON FUNDING FOR INFRASTRUCTURE DEVELOPMENT
INDIA INFRASTRUCTURE SUMMIT

 New Delhi: March 28, 2005

             Shri Kamal Nath, Union Minister for Commerce & Industry, has called for innovative instruments and mechanisms to tap resources – both within the country as well as internationally – for financing infrastructure projects in the country. Inaugurating the 2-day India Infrastructure Summit, organised by the Department of Industrial Policy & Promotion (DIPP), Ministry of Commerce & industry and Federation of Indian Chamber of Commerce & Industry (FICCI), here this morning, Shri Kamal Nath said: Given their resource requirement, it is not possible to fund them fully from the government’s budgetary resources. Government has introduced the facility of viability gap funding to support Public-Private Partnership initiatives in infrastructure sectors.  Viability gap funding can be in various forms, and a mix of capital & revenue support is possible. I would urge the investing community to take full advantage of the facility which covers roads, seaports, airports, power, water supply, sewerage, solid waste management and international convention centres.

             Underlining that investment requirements of the Indian economy are huge, he cited estimates to the effect that the country would need foreign direct investment (FDI) for infrastructure to the tune of US $ 150 billion over the next five years, and urged the participants to look at the crucial issue of how to attract big ticket investments into the infrastructure sectors.  While the government in association with industry was attempting to promote investment, Shri Kamal Nath said the Indian industry also should rise to the occasion and form collaborations to implement infrastructure projects.   

              Emphasising the predominant role of infrastructure in economic development, Shri Kamal Nath pointed out that the advanced economies of the West including the US and Europe, besides Japan, had all developed their infrastructure first and closer home, the South East Asian countries and China had done the same thing.  India’s institutional strengths and many other factors had positioned it today as the world’s fastest growing free market democracy with a bright future. “But if we have to sustain this rosy picture we must pay more than lip-service to infrastructure.  Inadequacies in physical infrastructure can severely constrain economic growth and, in fact, take us backwards. Infrastructure is both a driver as well as a magnet for investment”, he observed.

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COMMITTEE CONSTITUTED TO REVIEW LONG TERM IMPACT OF TSUNAMI

 New Delhi: March 24, 2005

           The government (in the Department of Ocean Development) have constituted an Expert Committee, consisting of the following members to review the long-term impact of Tsunami on the Ocean Eco-system and its resources, in the light of the anti-dumping duties imposed by USA on the Indian shrimp industry:

 i)     Dr. K. Radhakrishnan, Director, INCOIS          Chairman

ii)    Director, NIO or his representative                      Member

iii)   Director, CMFRI or his representative                 Member

iv)   Chairman, MPEDA                                             Member

v)    Dr. V.N. Sanjeevan, Scientist, ‘D’ CMLRE         Member

vi)   Representative of SEAI                                        Member

vii)  Dr. V. Sampath, Director, ICMAM                      Convenor

           The terms of reference of the Committee are as under:

 a.    To review the long-term impact of Tsunami on the Ocean Eco-system including the changes that are taken place to the ocean floor and the ocean and the impact on the flora and fauna including shrimp and other fishery resources.

b.    To assess the impact of anti-dumping duty on the economic sustenance of fishermen, aqua culturists and down stream processors and the impact of reduction, if any on their production due to Tsunami.

c.    The Report of the Committee be prepared and submitted as early as possible.

d.    The Committee may co-opt members as and when required for getting the requisite inputs for preparation of the report.

e.    The Committee may have number of sittings to discuss the issues relating to impact of Tsunami on ocean and its          resources, at a convenient venue.

f.    The TA/DA in respect of the members of the expert group be met from the respective Department/Institutes.

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 STC SIGNS MOU WITH MINISTRY OF COMMERCE

New Delhi: March 24, 2005

The State Trading Corporation of India Ltd. (STC) has signed a Memorandum of Understanding (MOU) with the Ministry of Commerce for the year 2005-06. The MOU was signed by Dr. Arvind Pandalai, Chairman-cum-Managing Director on behalf of STC and Shri S.N. Menon, Commerce Secretary on behalf of the Department of Commerce, Ministry of Commerce & Industry, here yesterday.

Speaking on the occasion, Dr. Pandalai informed that for the year 2005-06, the Corporation has set an ambitious turnover target of Rs.7500 crore despite changes in policies relating to two of its major areas of businesses, namely, exports of food grains and imports of bullion. This represents an increase of 56% in turnover target (excluding bullion) compared to the previous year’s target. He further mentioned that many new trade areas were being considered by the Corporation for diversification during 2005-06, such as exports of petrochemicals, iron ore, bulk drugs to the CIS for production of formulations in the region and imports of non-ferrous metals, IT products, etc.  Besides, the Corporation is also proposing to set up warehouses abroad, undertake mining operations, etc.

As per the MOU, profit after tax for the year 2005-06 is projected to increase by 120% compared to the MOU target of 2004-05.

STC is hopeful of achieving the targets set in the MOU: 2005-06 in view of the current momentum in the business activities of the Corporation.

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FACT SHEET                                                                                                                     

Press Information Bureau
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Important changes  incorporated in the Patents (Amendment) Bill, 2005
as compared to the Patents (Amendment) Bill, 2003

 

(Note: Portions in bold are new changes)

(The Bill was moved by Shri Kamal Nath, Minister of Commerce & Industry, in the Lok Sabha on 22/3/05 and in Rajya Sabha on 23/3/05)

 New Delhi: March 23, 2005

The following two suggestions have already been incorporated in the Patents (Amendment) Ordinance, 2004 based on the suggestions received:

1.      A provision was incorporated in the Ordinance (this was not there in the draft bill introduced in December 2003) to ensure that protection based on patents granted to mailbox applications would be effective only prospectively from the date of grant of patent, and not retrospectively from date of application.  Thus no Indian company would be open to infringement proceedings with retrospective effect. [This was incorporated as 2nd Proviso to Section 11A (7)]

This also ensures that though protection would be available prospectively, the life of patent (20 years) would be computed from the date of application, thus reducing the effective life of the patent.  (The sooner a drug goes off-patent, the sooner other companies are free to manufacture it).

2.      The 2nd amendment had made a provision under Section 107A (b) providing for ‘parallel import’ (that is, import of patented commodity from anywhere in the world where it is cheaper, even though it is patented here).  However, this required that the foreign exporter was duly authorised by the patentee to sell and distribute the product. 

In the Ordinance this has been amended to say that the foreign exporter need only be ‘duly authorised under the law’, thus making parallel imports easier.  A parallel import is a mechanism that helps in price control.

Further, following suggestions have been also incorporated in the proposed changes to the Patents (Amendment) Ordinance, 2004

Scope of patentability:

3.          In order to restrict the scope of patentability it is proposed to modify Section 2 – Definitions as follows:

·     Section 2 (ja) “Inventive step” means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art;

·       New definition “New invention” means any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e., the subject matter has not fallen in public domain or that it does not form part of the state of the art.

·       New definition “Pharmaceutical Substances” means any new entity involving one or more inventive steps.

4.     In order to further incorporate the intention of restricting the scope of patentability particularly for pharmaceutical inventions, the following is proposed in Section 3:

(Section 3 lists out the exceptions to patentability, i.e., what are not considered to be inventions)

Section 3 (d):  the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.

Explanation to Section 3 (d): “Salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations, and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regard to efficacy.

5.      The word “mere” introduced by the Ordinance before the words “new use” in Section 3 (d) is also proposed to be now deleted. This will remove any doubt suggesting that the scope of patentability is being enlarged by narrowing the exceptions to inventions.

6.      It is proposed to omit the clarification relating to patenting of software related inventions introduced by the Ordinance as Section 3(k) and 3 (ka). The clarification was objected to on the ground that this may give rise to monopoly of multinationals. 

Strengthening of Pre-grant Opposition:

7.      Opposition to grant of patent: The proposed new Chapter heading concerning opposition, namely, “Representation and Opposition Proceedings” is proposed to be substituted with the heading, namely, Opposition Proceedings to Grant of Patent”.  This will allay the fear that opposition proceedings are being ‘diluted’.

8.     Hearing at pre-grant opposition stage: A provision for hearing at pre-grant opposition stage has been made in the rules. This is proposed to be introduced upfront in the law itself, as it would provide a higher comfort level, as follows:

"25 (1) Where an application for a patent has been published but a patent has not been granted, any person may, in writing, represent by way of opposition to the Controller against the grant of patent within the prescribed period on the grounds of

(a) . ……..

(b) . ……..

and the Controller shall if requested by such person for being heard, hear him and dispose of the representation in such manner and within such period as may be prescribed.

9.      Extension of time for filing pre-grant opposition: It is proposed to provide a minimum period of 6 months, from the date of publication, for making representation as against the present period of 3 months. This will ensure that the opponents get sufficient time to file the objections.

(Since all time-lines have been provided in the subordinate legislation, this will also be done in the rules).

10.   Expanding the grounds for pre-grant opposition: The grounds of pre-grant opposition based on the Ordinance were on the grounds of novelty, inventive step and industrial applicability, non-disclosure or wrongful mentioning of source and geographical origin of biological material and anticipation of invention by knowledge, oral or otherwise, available in public domain.  Though these are substantive grounds of opposition, it has been proposed that the grounds be listed in the same way as in the Act before the Ordinance.  Accordingly, in the pre-grant opposition also all the eleven grounds (formal as well as technical) are being specifically mentioned in order remove any doubt that grounds of pre-grant opposition were being reduced or constricted in any way.

11.   Deletion of Section 25(2): Section 25 (2) introduced by the Ordinance denies the person making an opposition representation the right of becoming a party to any proceedings under the Act, and is viewed as restricting the scope of opposition.  Therefore, in order to strengthen the pre-grant opposition, sub-section 2 of Section 25 is proposed to be deleted.

12.   Facilitation of pharmaceutical exports to LDCs:

The new provision (Section 92A) relates to compulsory licence for export of patented pharmaceutical products (provided for in Para 6 of Doha Declaration), to such countries as have inadequate production capacities.

Here the condition of obtaining compulsory licence is proposed to be expanded, (in case of LDCs having no Patent Law or provision for compulsory licence) to include an ‘authorisation’ or notification from such a country.  This is proposed to be done by modifying sub-section (1) of section 92A as follows:

Adding the following words after the words "provided compulsory licence has been granted by such country":

"or such country has by notification or otherwise allowed importation of the patented pharmaceutical products from India."

13.   Transitional arrangement applications:

It has been suggested that a provision be made in the law so that the companies which are manufacturing the products for which applications are in the mailbox should be able to continue production of the said products on payment of nominal royalty.

The suggestion is proposed to be accepted with the modification that instead of the word ‘nominal’ royalty the word ‘reasonable’ royalty be used, as use of the word ‘nominal’ would be clearly violative of the TRIPS.

A 3rd new proviso is proposed to be added under Section 11 A (7) as follows:

“Provided also that after a patent is granted in respect of applications made under sub-section (2) of section 5, the patent holder shall only be entitled to receive reasonable royalty from such enterprises which have made significant investment and were producing and marketing the concerned product prior to 1.1.2005 and which continue to manufacture the product covered by the patent on the date of grant of the patent, and no infringement proceedings shall be instituted against such enterprises.”

14.   Quantifying ‘reasonable period’ in relation to compulsory licensing

The present Act already contains provisions under Section 84 (7) (a) (iv) whereby a compulsory licence could be requested on the ground that “the establishment or development of commercial activities in India is prejudiced”.

Similarly, Section 84 (6) (iv) provides that in considering an application for compulsory licence the Controller of Patents is required to take into account “as to whether the applicant has made efforts to obtain a licence from the patentee on reasonable terms and conditions and such efforts have not been successful within a reasonable period as the Controller may deem fit”.

It is proposed to incorporate an explanation to the existing Section 84 (6) (iv) for quantifying the ‘reasonable period’ referred to above, as under:

“Explanation: - The reasonable time period under this clause shall not ordinarily exceed six months”.

15.   Amendment to Section 90 relating to compulsory licence:

Section 90 (1) (vii) and (viii) has been redrafted in the Ordinance.  A further modification is being proposed to clarify that even when compulsory licence is granted for pre-dominant purpose of supply in Indian market, the licensee may export the patented product, if need be; Similar facility of export is also permitted when licence is granted to remedy a practice determined after judicial or administrative process to be anti-competitive.

It is proposed to modify sub-Section (vii) and (viii) of Section 90 (1), and introduce a new sub-section (ix) as follows:

(vii) that the license is granted with a predominant purpose of supply in the Indian market and that the licensee may also export the patented product, if need be in accordance with Section 84 (7) (a) (iii);

(viii) that in the case of semi-conductor technology, the license granted is to work the invention for public non-commercial use;

(ix) that in case the license is granted to remedy a practice determined after judicial or administrative process to be anti-competitive, the licensee shall be permitted to export the patented product, if need be.

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INDIA SHOULD AIM AT $ 10 BILLION PROCESSED FOOD EXPORTS IN TWO YEARS
NEW PATENT REGIME TO CREATE GREATER EXPORT OPPORTUNITIES FOR INDIAN AGRO PRODUCTS, SAYS
KAMAL NATH
APEDA ANNUAL AWARDS FUNCTION

 

New Delhi: March 23, 2005

             Shri Kamal Nath, Union Minister of Commerce & Industry, has said that India should aim to increase its processed food exports to US $ 10 billion in two years, which is double the present export value of US $ 5 billion, representing a 42% share in India’s total agricultural export basket.   This is not an impossible target to achieve, he said, given that global consumer trends towards organic food and herbal products will open up new export opportunities in areas where India is well positioned to compete and, therefore, “our processed and packaged food industry has an opportunity waiting to be exploited”.  The Minister also indicated that the government was moving towards introducing an Integrated Food Law, which would help meet the requirements of international trade and make the Indian food industry competitive in the global market.   

             In his address at the Annual Awards Function 2003-04, organised by the Agricultural & Processed Food Export Development Authority (APEDA), here this afternoon, which was also attended by Shri EVKS Elangovan, Minister of State for Commerce & Industry, and Shri K.S. Money, Chairman, APEDA, Shri Kamal Nath underlined that introduction of a full patent regime could create greater export opportunities for processed food products from India. “With the passing of the Patents Amendment Bill by the Lok Sabha yesterday, and, even as we speak, the Rajya Sabha debating it today, the much awaited product patent era has dawned. We now have product patents for pharmaceuticals, agricultural chemicals & special food products. Many investors so far unsure of expanding operations in India, would now confidently take the plunge.  Indian companies, on the other hand, need to finetune their strategies.  Foreign companies would be looking at launching their patentable products in India with the hope of a high volume driven growth in India.  Indian companies in areas like bio-technology and herbal products may look now to expand their product portfolio.  Indian companies will have to adopt a multi-pronged strategy to fully exploit the challenges of the new regime”, he said.

             Referring to non-tariff barriers (NTBs) such as sanitary and phyto-santitary (SPS) conditionalities based on real or imagined health and environment standards which could nullify efforts at agri exports, Shri Kamal Nath reiterated while India was committed to supporting genuine environmental protection, it was opposed to NTBs with commercial intent.   This must be guarded against, he said, adding that he had taken up the issue very strongly with the G-20 as well as in various other international fora.

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EEPC SIGNS MoU WITH CHINA CHAMBER OF COMMERCE
EEPC TO SET UP A DEDICATED CHINA DESK
INDO-CIS BUYER SELLER MEET HELD

 New Delhi: March 23, 2005

          The Engineering Export Promotion Council (EEPC) has signed a Memoranda of Understanding (MoU) with the China Chambers of Commerce for the import and export of machinery and electronic products. The agreement was recently signed in Beijing when a high level trade delegation from EEPC visited that country to cover exchange of trade related information and trade dispute settlement mechanism also. This was informed by the Shri Rakesh Shah, Chairman of EEPC while briefing the press here today. “China is considered a biggest competitor of India in manufacturing and engineering industry and the visit is an eye opener to Indian manufacturers-exporters” he said.

           Shri Shah informed that to further penetrate the Chinese market the EEPC has decided to set up a dedicated China Desk to exchange trade related information and to undertake sector specific studies to ascertain the market for various products there. The Council also has plans to take sector specific exhibitors to China to participate under the India Pavilion in mega industrial fair in Shanghai later this year. Meanwhile under the Government’s Look East policy and Focus ASEAN programme, the EEPC has generated business enquiries worth US $ 4 million during the recently held INDIATECH exhibition in the Indonesian Capital of Jakarta.

            An Indo CIS (Commonwealth of Independent States) buyer seller meet was held under the auspices of EEPC here today. The meet aims to provide an opportunity to prospective importers from the CIS region to interact with Indian counterparts about their requirements. Major product sectors represented in the meet are Construction machinery, automobile spare parts, agricultural and food processing machinery and electrical home appliances. Shri MS Rao, joint Secretary in the Ministry of Commerce in his key-note address said that though India’s relations with the CIS countries dated back to the silk route period, the present Indo-CIS trade was not appreciable. Reminding that the CIS region is rich in natural resources, he said that cooperation with India in the field of technology can help unlock the wealth of the region. He further informed that the bilateral commissions of the government will review the restrictive provisions of the visa regime and extend the lines of credit to exporters. The Council plans to hold such buyer seller meets in Mumbai and Chennai soon.

           India’s exports of engineering goods to CIS countries amounted to US $ 87.66 million in the year 2003-04.

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EXPORT TRANSACTION COST

 New Delhi: March 22, 2005

          Transaction costs for exporters arose out of stringent rules and regulations, complex administrative processes, infrastructural deficiencies etc. An analysis carried out by the Federation of Indian Export Organisations reveals that cost disabilities including transaction costs suffered by Indian Exporters vary from ranging from 19-22 percent. The transaction cost prevailing in other countries is not known. As per DGCI&S data there has been an increase in exports by 27.03 % for April, 2004 to February, 2005 over April 2003- February, 2004. This was informed by the Union Minister of State for Commerce and Industry Shri EVKS Elangovan in a written reply to the Lok Sabha here today.

           He also informed the House that doubling India’s share of World Trade in the next 5 years would generate more local employment opportunities due to increased production and exports. Both the government and private sector were actively involved in imparting training to augment specialized human resources for exports, he added.

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FAST TRACK CLEARANCE FOR EOUs

 New Delhi: March 22, 2005

           A fast track clearance Procedure for Export Oriented Units (EOUs) having status holder certificate under the Foreign Trade Policy (FTP) was announced vide public notice No: 50/2004-09 dated 24th January 2005 and was available on the DGFT website www.nic.in/eximpol. The scheme will facilitate the functioning of performing EOUs by lowering the transaction cost. This was informed by the Union Minister of State for Commerce and Industry, Shri EVKS Elangovan, in a written reply in the Lok Sabha here today.

           The scheme has been given effect by the issuance of Custom Circular No: 12/2005 –Cus. dated 4/ 3/ 2005 by the Department of Revenue.

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KAMAL NATH TO ADDRESS APEDA AWARDS FUNCTION TOMORROW

 New Delhi: March 22, 2005

          Shri Kamal Nath, Union Minister for Commerce and Industry, will be addressing the Annual (APEDA) Awards function 2003-04 here and will distribute the awards to meritorious exporters. The Minister of State for Commerce and Industry will preside over the function.

           The Exports Awards function is being organized by the Agricultural and Processed Food Products Export Development Authority (APEDA).

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NO INVOLVEMENT OF INDIAN EXPORTERS IN CHILLI POWDER CASE – EXPORTS NOT AFFECTED

New Delhi: 22nd March, 2005

           A preliminary investigation has been conducted by the Spices Board on chilli powder exports.    It has been indicated that:  

 

·        The export consignment believed to have been contaminated with Sudan 1 was imported into the UK in 2002.

·        No documentary evidence has been given by the UK’s Food Standard Agency (FSA) so far that establishes the involvement of Indian exporters.

·        The reported presence of Sudan in many of the Rapid Alert reports issued by countries in the European Union was too low to be suggestive of deliberate adulteration.    To that extent, some of the Rapid Alerts can be disputed.

·        The export licence of the firms, who have been found to be repeatedly indulging in adulteration, have been suspended. 

           Indicating this in a written reply in the Lok Sabha today, Shri EVKS Elangovan, Minister of State for Commerce & Industry, said some European Countries including Britain had reportedly found Sudan, a carcinogenic dye, in some consignments of chilli powder exported from India.    Recently, UK’s FSA ordered a recall of 575 products in which red chilli powder alleged to be contaminated with Sudan 1 dye was used as ingredient.

           Exports of chillis / chilli products from India have not been affected, as is evident from substantial increase in the exports of chilli.   Total exports of chilli from India was 114,000 tonnes (valued at Rs.421.21 crore) during April 2004 to January 2005 as compared to 54,000 tonnes (valued at Rs.243.81 crore) in the corresponding period of previous year.

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INDIA, MERCOSUR, IBSA TRIANGULAR TRADE ALLIANCE MOOTED
SIGNING OF INDIA-MERCOSUR AGREEMENT PATH BREAKING: CELSO AMORIM

New Delhi: 21st March, 2005

           The concept of a triangular trade alliance between India, MERCOSUR and the South Africa Customs Union (SACU) – leapfrogging the existing trade alliances in the region to form a bigger trade cooperation partnership – was mooted at the India, Brazil, South Africa (IBSA) meeting held here on Saturday evening which was co-chaired by Shri Kamal Nath, Minister of Commerce & Industry; Mr. Celso Amorim, Minister of External Relations & International Trade, Brazil and Mr. Mandisi Bongani Mabuto Mpahlwa, Minister of Trade & Industry and Ms. Angela T. Didiza, Minister of Agriculture, South Africa.  Meanwhile, India and MERCOSUR – a trading bloc in Latin America consisting of Argentina, Brazil, Paraguay and Uruguay, with Bolivia and Chile as its associate members – signed on the same day an Agreement to operationalise the Preferential Trade Agreement (PTA) between the two sides.  While MERCOSUR represents the Latin American nations of Argentina, Brazil, Paraguay and Uruguay with a combined population of 220 million, a combined GDP of more than a trillion dollars and 200 billion dollars of trade, is the fourth largest integrated market in the world after the EU, NAFTA and ASEAN, SACU consists of Botswana, Lesotho, Namibia, South Africa and Swaziland.

           Mr. Amorim described the India-MERCOSUR Agreement as a path-breaking pact of extreme importance which would open new doors to trade among member nations, besides continuing trade with the North.    Shri Kamal Nath described it as a very important milestone in the economic history of the five signatory countries and said “the countries of MERCOSUR and India would now be looking forward to increasing the coverage of products as well as deepening the preferences in their PTA, so that they make the transition from a PTA to a Free Trade Area a reality in the very near future”.   

           The aim of the Agreement, which operationalises the PTA which was signed in New Delhi in January last year, is to expand and strengthen the existing relations between MERCOSUR and India and to promote the expansion of trade by granting reciprocal fixed tariff preferences with the ultimate objective of creating a free trade area between the parties.   The Agreement was signed by Shri Kamal Nath, Union Minister of Commerce & Industry, on behalf of the Government of India; and on behalf of MERCOSUR by Mr. Celso Amorim, Minister of External Relations & International Trade of Brazil; Ms. Leila Rachid de Cowles, Minister of External Relations of Paraguay; Mr. Ernesto Agazzi, Vice Minister of Livestock, Agriculture & Fisheries of Uruguay; and Mr. Alfredo Chiradia, Secretary of State of Commerce & International Economic Relations of Argentina.

           India-MERCOSUR PTA of last year provided for several annexes to the Agreement.   These annexes have been finalized in the Agreement signed today to operationalise the PTA.    They cover 450 products at 8-digit level on which India has given tariff preferences and 452 products on which MERCOSUR has given tariff preferences; tariff concessions ranging from 10% to 100%; Rules of Origin providing for 60% value-addition; and safeguard measures and dispute settlement procedures available to members on fast-track which will be in addition to the redressal mechanisms available in the World Trade Organisation (WTO).

           India had a total trade of nearly US $ 1.5 billion with the MERCOSUR during the calendar year 2004. India’s exports to MERCOSUR were approximately US $ 566.96 million during 2003-04 and imports from MERCOSUR were around US $ 849.69 million during the same period.   The region still has a huge potential for Indian exports as India’s share is just 0.83% of the global imports of MERCOSUR.   India’s major items of exports to MERCOSUR are drugs, pharmaceuticals and fine chemicals, transport equipment, inorganic/organic/agro chemicals, cotton and cotton manmade fabrics, made-ups, readymade garments, dyes, intermediates and coal tar.    The major imports into India from MERCOSUR are edible oils (primarily soya), metaliferrous ores, metal scrap and non-electrical machinery.

 Background

 MERCOSUR was formed in 1991 with the objective of facilitating the free movement of goods, services, capital and people among the four member countries.  

 The South Africa Customs Union (SACU) was formed in April 1998.

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 G-20 NEW DELHI DECLARATION
(TEXT OF THE G-20 MINISTERIAL DECLARATION ADOPTED ON 19th MARCH 2005 AT THE
CONCLUSION OF THE MINISTERIAL MEETING OF G-20 HELD IN NEW DELHI ON 18TH AND 19TH
MARCH, 2005
)

 New Delhi: March 21, 2005

           

1.                  G-20[1] Ministers at their meeting in New Delhi on 18-19 March 2005 recalled that the Group’s identity is deeply linked to the development dimension of the Doha Round. Agriculture is vital for all developing countries and is central to the Doha Development Agenda. Our common goal is to put an end to trade-distorting policies in agriculture maintained by developed countries thus, contributing to growth and development of developing countries and their positive integration into the world trading system. This would be a major contribution to the development objectives of the Round.

 Road to Sixth Ministerial Conference

 2.                  Ministers recalled the crucial role played by the Group during the negotiating process in the lead up to the ‘July Framework’ in 2004, and stressed that the G-20 will continue to participate actively and constructively in the negotiations.

 3.                  Ministers reaffirmed their commitment to advance the Doha Round of trade negotiations in 2005 with a view to arriving at an agreement on modalities during the Sixth WTO Ministerial Conference to be held in Hong Kong, China in December 2005. This is a necessary step in order to complete the negotiations by 2006. Such modalities must be compatible with the July framework and in line with the mandate contained in the Doha Declaration.

 4.                  Ministers stressed that agriculture negotiations have multiple dimensions and are technically complex. These negotiations should be intensified to stimulate progress in all other areas of negotiations. They highlighted that the G-20 is committed to a balanced first approximation of the modalities by July 2005, which should be sufficiently detailed to achieve the objective of full modalities by the Sixth Ministerial Conference. 

 Negotiating Process

 5.                  In view of the specific nature of issues under discussion and the need for technical support from experts, Ministers underlined that a “bottom-up” approach is required so that texts will evolve from a participative negotiating process. This is an essential element for securing a legitimate outcome to these negotiations to the benefit of the whole Membership. Ministers acknowledged that the Geneva process may need to be supported by other forms of engagement provided they are conducted in a transparent and inclusive manner. Such interventions, including through Ministerial involvement, should be timely, well-prepared and should take up issues which are ripe enough for political decision.

 Negotiations on agriculture – substantive issues

 6.                  It was noted that negotiations under the Special Session of the Committee on Agriculture are under way. The Chairman’s negotiating process presently provides an  adequate balance between identification of issues, scoping and drafting of documents while ensuring transparency, inclusiveness and efficiency in the work. Ministers stressed that the assessment of the progress of work to be undertaken by July 2005 will constitute an important mile post for defining the scope and perspectives of the Ministerial Meeting. 

 7.                  Ministers reiterated that special and differential treatment for developing countries is an integral part of all elements of the negotiations. 

 8.                  Ministers recalled the statement made by the G-20 during the December  2004 Special Session of the Committee on Agriculture on the need to observe necessary sequencing of issues identified in the ‘July Framework’ so as to ensure progress in each of the three pillars.

 Cotton

 9.                  Ministers underlined the importance of cotton for many WTO members, particularly the African countries that are cotton producers. In this regard, Ministers reiterated the urgent need to address this issue in accordance with the ‘July Framework’. Ministers requested that work in the Sub-Committee on Cotton be expedited so that effective measures are included in the July 2005 first approximation. They stressed the need to provide urgent development assistance in view of the recent aggravation of the decline in the international cotton prices.

 10.             Ministers expressed satisfaction with the recent Appellate Body decision on cotton which substantiates the need for urgent reform of trade distorting measures in agricultural trade which have such a negative impact on developing countries.

 Domestic support

 11.             Ministers stressed that, in order to fulfil the mandate of “substantial reductions in trade-distorting domestic support” negotiations should determine base periods and initial and final numbers for the overall trade-distorting domestic support in a technically consistent and politically credible manner. It was noted that significant reductions will be required to address inflated baselines and to arrive at effective reductions that address the need for removing distortions in agriculture trade. Moreover, such reductions should be necessarily complemented by further disciplines in the Blue Box and the Green Box in order to avoid mere box shifting.

 12.             Ministers reiterated that any change in the Blue Box (Article 6.5 of the Agreement on Agriculture) is contingent upon agreement on additional criteria in order to make it substantially less trade-distorting than it is now. They also stressed the Group’s active participation in the review and clarification process of the Green Box in order to ensure that no, or at most minimal, trade-distorting effects or effects on production will be generated by any direct payments claimed to be exempt from reduction commitments. It was highlighted that such policies in developed countries must fully comply with the criteria set out in paragraph 1 of Annex 2 of the Agreement on Agriculture.

 13.             Ministers stressed that Green Box should be reviewed and clarified to include specific provisions designed to accommodate genuine agriculture and rural development programmes of developing countries aimed at alleviating poverty, promoting agrarian reform and settlement policies, and ensuring food security and addressing livelihood security needs. Further, for facilitating implementation of Green Box measures in developing countries, their special circumstances would also need to be taken into account.

 14.             Given that de minimis support is the only form of support available to farmers in most developing countries, Ministers cautioned against any attempt to reduce de minimis support in developing countries as this would negatively affect the programmes benefiting subsistence and resource poor farmers. Ministers noted that the amounts of support in developing countries are insignificant when compared to those in developed countries and, therefore, should not be subject to reductions.

 Export competition

 15.             Ministers noted with concern the recent reintroduction of export subsidies by some Members, which goes against the spirit of the Doha mandate. They therefore called for an immediate standstill commitment on all forms of export subsidies. 

 16.             Ministers expressed that in the export competition pillar, a key decision to be taken is the date of elimination of all forms of export subsidies. They urged countries that apply such instruments to eliminate them in a period no longer than five years and with a front-loading of commitments. An early agreement would inject new momentum to the agriculture negotiations and make progress easier in other fronts. They stressed the need to develop new disciplines on export credits, export credit guarantees and insurance programmes and food aid so that these instruments are not used in a way as to displace exports or to promote surplus disposal.

 17.             Ministers also recalled the need for making operative the ‘July Framework’ provisions for special and differential treatment including State Trading Enterprises and the concerns of Net Food Importing Developing Countries (NFIDCs) as provided in the Marrakesh Decision.

 Market access

 18.             Ministers noted the crucial importance of conversion into ad valorem equivalents (AVEs) for the completion of the core modality – tariff reduction formula. Ministers stressed that treatment of non-ad valorem (NAVs) duties should clearly spell out the methodologies used for conversion so that the verification process does not become cumbersome. While cautioning against attempts at hiding the true level of protection in this exercise and stressing the non-negotiable nature of this issue, Ministers stressed the need to finally bind all NAV duties into ad valorem terms.

 19.             Ministers reaffirmed the long held view of the G-20 that the tariff reduction formula is the main component of the market access pillar and should be negotiated before addressing the issue of flexibilities. In this regard, they underlined that the tariff reduction formula must contain: (i) progressivity – deeper cuts to higher bound tariffs (ii) proportionality – developing countries making lesser reduction commitments than developed countries and neutrality in respect of tariff structures; and (iii) flexibility – to take account of the sensitive nature of some products without undermining the overall objective of the reduction formula and ensuring substantial improvement in market access for all products.

 20.             Ministers strongly stressed that special and differential treatment for developing countries must constitute an integral part of all elements with a view to preserving food security, rural development and livelihood concerns of millions of people that depend on the agriculture sector.

 21.             Ministers emphasized that the concepts of Special Products and Special Safeguard Mechanism are integral elements of special and differential treatment for developing countries. Ministers reiterated their commitment to work together with the G-33 and other interested Groups to render effective and operationalise these instruments.

 22.             Ministers stressed that the elimination of tariff escalation is important for developing countries, as it would allow them to diversify and increase their export revenues by adding value to their agricultural production.

 23.             Ministers reiterated that SSG (Article 5 of the AoA) was conceived as a transitory exception and therefore should be eliminated. 

 24.             Ministers recalled that modalities for fullest liberalization of tropical products by developed countries are long overdue commitments, which remain to be addressed and honoured.

 25.             Ministers noted with concern the increasing use of Non-Tariff Barriers by developed countries, which are acting as impediments to exports of products of interest to developing countries.

 26.             Ministers recognised that preferences, which are of importance to many developing countries, are being eroded by both regional and multilateral liberalisation. Ministers agreed that preference erosion should be addressed in the negotiations, in accordance with the provisions of the ‘July Framework’, and requires mainstreaming the development dimension in the multilateral trading system through (i) expanded market access for products which are of vital export importance to the preference beneficiaries; (ii) effective utilisation of existing preferences and (iii) additional financial assistance and capacity building to address supply constraints, promote diversification and assist in adjustment and restructuring.

 Related issues

 27.             Recognising the special needs of Least Developed Countries, Ministers highlighted their support for provisions exempting them from any reduction commitments and for steps to be taken to promote the export capacities, including the need to address the supply constraints of LDCs. Ministers stressed that it should be ensured that LDCs make meaningful gains in each of the three pillars.

 28.             Without creating any new categories of developing countries, Ministers agreed that the concerns of small, vulnerable economies must also be effectively addressed as part of the Work Programme mandated in paragraph 35 of the Doha Ministerial Declaration.

 29.             Ministers stressed that concerns of Recently Acceded Members must be effectively addressed through specific flexibilities provisions in all pillars.

 30.             Ministers noted that disciplines on export prohibitions and restrictions in Article 12:1 of the AoA will be strengthened. These negotiations must ensure that these rules are not circumvented, nor applied to developing countries in a discriminatory manner.

 31.             With regard to each of the three issues mentioned in paragraph 49 of the ‘July Framework’, Ministers reaffirmed that there was no agreement to include them in the negotiations.

 32.             Ministers reaffirmed the importance of enhancing the monitoring and surveillance mechanisms as a fundamental improvement to be introduced in these negotiations.

 Strengthening dialogue

 33.             Ministers emphasized that the G-20 is actively engaged in an intense dialogue with other Groups and individual Members. In this regard, G-20 Ministers welcomed the invitation to the Coordinators of the Africa Group, ACP Countries, CARICOM, G-33 and LDCs to the Meeting. Ministers strongly believe that such coordination will contribute significantly towards realising the development dimension of the Doha Work Programme. In this regard, Ministers cautioned against any move that would create divisions among developing countries, including through further categorisation.

 34.             Ministers resolved to stay in close contact with each other to take stock of important developments with a view to taking coordinated and timely action in the negotiations. They further agreed that G-20 Ministers participating in other events would take these opportunities to meet among themselves at the margins of such meetings and keep their colleagues informed of the deliberations.

35.             Ministers exchanged views on other negotiating issues in the Doha Work Programme in light of the inter-linkages inherent in the single undertaking.

 36.             Ministers thanked the Government of India for the efforts deployed to organise this Meeting and for the warm hospitality of the Indian people.

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[1] Argentina, Brazil, Bolivia, Chile, China, Cuba, Egypt, Guatemala, India, Indonesia, Mexico, Nigeria, Pakistan, Paraguay, Philippines, South Africa, Tanzania, Thailand, Uruguay, Venezuela, and Zimbabwe.

 

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G-20 DEVELOPING COUNTRIES ALLIANCE STANDS FIRM
ON AGRICULTURE
DEMANDS MAJOR REDUCTION IN TRADE DISTORTING SUPPORT
FORGES COMMON POSITION AHEAD OF HONG KONG WTO MINISTERIAL
G-20 MINISTERIAL MEETING CONCLUDES

New Delhi: 19th March, 2005

             The G-20 Ministerial Meeting – an alliance of developing countries in WTO negotiations, with focus on agriculture – concluded here today with the G-20 developing countries alliance standing firm on agriculture issues in the ongoing Doha Round of negotiations in the World Trade Organisation (WTO).  

             The G-20 Ministerial Declaration adopted at the concluding session of the Ministerial Meeting, which was circulated at a joint news briefing by Shri Kamal Nath, Union Minister of Commerce & Industry and Ministers from all the participating countries here, clearly states that “the Group’s identity is deeply linked to the development dimension of the Doha Round.   Agriculture is vital for all developing countries and is central to the Doha Development Agenda.    Our common goal is to put an end to trade-distorting policies in agriculture maintained by developed countries thus, contributing to growth and development of developing countries and their positive integration into the world trading system.    This would be a major contribution to the development objectives of the Round”. 

             The G-20 Ministers in particular welcomed the participation of the coordinators of the Africa Group, ACP countries, CARICOM and Least Developed Countries (LDCs) in the New Delhi meeting and stressed that such coordination would contribute significantly towards realizing the development dimension of the Doha Round of WTO negotiations. “The Ministers cautioned against any move that would create divisions among developing countries, including through further categorization”, the Declaration said.

             The Declaration articulates the common strategy and position evolved by member countries during the two-day meet, saying that   the Ministers reaffirmed the commitment to progress in the Doha Round of WTO trade negotiations in 2005 with a view to arriving at an Agreement on the modalities for negotiations during the Sixth Ministerial Conference of the WTO scheduled to be held in Hong Kong in December 2005.   “This is a necessary step in order to complete the (Doha Round of) negotiations by 2006”, it says.

             The G-20 has called for substantial reductions in trade distorting domestic support by developed countries and elimination of all export subsidies in the field of agriculture within five years, with front-loading of commitments.  The Declaration states that: “in order to fulfill the mandate of ‘substantial reductions in trade-distorting domestic support’ negotiations should determine base periods and initial and final numbers for the overall trade-distorting domestic support in a technically consistent and politically credible manner….. Moreover, such reductions should be necessarily complemented by further disciplines in the Blue Box and the Green Box in order to avoid mere box shifting”.  Further, an early agreement on elimination of export subsidies within five years would inject a new momentum to the agricultural negotiations in the WTO on other fronts, it adds.

             On the crucial issue of market access, the Ministers reaffirmed the long held view of the G-20 that the tariff reduction formula is the main component of the market access pillar and should be negotiated before addressing the issue of flexibilities.    In this regard, they underline that the tariff reduction formula must contain: (1) progressivity – deeper cuts to higher bound tariffs (ii) proportionality – developing countries making lesser reduction commitments than developed countries and neutrality  in respect of tariff structures; and (iii) flexibility – to take account of the sensitive nature of some products without undermining the overall objectives of the reduction formula and ensuring substantial improvement in market access for all products”.

             Ministers strongly stressed that special and differential treatment for developing countries must constitute an integral part of all elements with a view to preserving food security, rural development and livelihood concerns of millions of people that depend on the agriculture sector.  The Declaration emphasizes that the concepts of Special Products and Special Safeguard Mechanism are integral elements of special and differential treatment for developing countries.    They also stressed that the elimination of tariff escalation is important for developing countries, as it would allow them to diversify and increase their export revenues by adding value to their agricultural production.   In this context, the G-20 has noted with concern the increasing use of Non-Tariff Barriers by developed countries, which are acting as impediments to exports to products of interest to developing countries.

             Without creating any new categories of developing countries, Ministers agreed that the concerns of small, vulnerable economies must be effectively addressed.

             Underlining the importance of cotton for many WTO members, particularly the African countries that are producers of cotton, the Ministers stressed the urgent need to expedite work in the Sub-Committee on Cotton so that effective measures could be included in the first approximate draft by July 2005 and called for urgent development assistance in view of the recent accelerated decline in the international prices of cotton.

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 INDIA, MERCOSUR SIGN AGREEMENT TO OPERATIONALISE PREFERENTIAL TRADE AGREEMENT (PTA)

 New Delhi: 19th March, 2005

           India and MERCOSUR – a trading bloc in Latin America consisting of Argentina, Brazil, Paraguay and Uruguay, with Bolivia and Chile as its associate members – have signed an Agreement to operationalise the Preferential Trade Agreement (PTA) between the two sides here this evening.   The aim of the Agreement, which operationalises the PTA which was signed in New Delhi in January last year, is to expand and strengthen the existing relations between MERCOSUR and India and to promote the expansion of trade by granting reciprocal fixed tariff preferences with the ultimate objective of creating  a free trade area between the parties.   The Agreement was signed by Shri Kamal Nath, Union Minister of Commerce & Industry, on behalf of the Government of India; and on behalf of MERCOSUR by Mr. Celso Amorim, Minister of External Relations & International Trade of Brazil; Ms. Leila Rachid de Cowles, Minister of External Relations of Paraguay; Mr. Ernesto Agazzi, Vice Minister of Livestock, Agriculture & Fisheries of Uruguay; and Mr. Alfredo Chiradia, Secretary of State of Commerce & International Economic Relations of Argentina.

           India-MERCOSUR PTA of last year provided for several annexes to the Agreement.   These annexes have been finalized in the Agreement signed today to operationalise the PTA.    They cover 450 products at 8-digit level on which India has given tariff preferences and 452 products on which MERCOSUR has given tariff preferences; tariff concessions ranging from 10% to 100%; Rules of Origin providing for 60% value-addition; and safeguard measures and dispute settlement procedures available to members on fast-track which will be in addition to the redressal mechanisms available in the World Trade Organisation (WTO).

           India had a total trade of nearly US $ 1.5 billion with the MERCOSUR during the calendar year 2004. India’s exports to MERCOSUR were approximately US $ 566.96 million during 2003-04 and imports from MERCOSUR were around US $ 849.69 million during the same period.   The region still has a huge potential for Indian exports as India’s share is just 0.83% of the global imports of MERCOSUR.   India’s major items of exports to MERCOSUR are drugs, pharmaceuticals and fine chemicals, transport equipment, inorganic/organic/agro chemicals, cotton and cotton manmade fabrics, made-ups, readymade garments, dyes, intermediates and coal tar.    The major imports into India from MERCOSUR are edible oils (primarily soya), metaliferrous ores, metal scrap and non-electrical machinery.

 Background

 MERCOSUR was formed in 1991 with the objective of facilitating the free movement of goods, services, capital and people among the four member countries.   MERCOSUR has become a successful market of about 200 million people, representing about 1 trillion dollars of GDP and 190 billion dollars of trade.   It is the fourth largest integrated market after the European Union (EU), North American Free Trade Agreement (NAFTA) and ASEAN.

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G-20 MINISTERIAL MEETING BEGINS – DEVELOPING COUNTRIES COME TOGETHER TO STRATEGISE ON WTO
ISSUES

 New Delhi: 18th March, 2005

           The two-day G-20 Ministerial Meeting – the first Ministerial interaction on WTO to be hosted by India – began here this morning with developing countries of the G-20 (an alliance of countries in the WTO agriculture negotiations) along with other alliances and groupings such as the G-33, the Africa Group, ACP (Africa, Caribbean and Pacific) countries and the Least Developed Countries (LDCs) coming together in the common cause of the entire developing world.     Speaking at the inaugural ceremony, Shri Kamal Nath, Union Minister of Commerce & Industry, said there was serious work ahead for member countries on the road to the Hong Kong Ministerial Conference of the World Trade Organisation (WTO) scheduled for later this year so as to ensure that the concerns and positions of developing countries could be reflected in the modalities of the negotiations in different areas as well as the final commitments that members would agree to undertake.  “The gathering here today signals a coming together in the common cause of almost the entire developing world”, Shri Kamal Nath said. 

           Member Countries present on the occasion were: Argentina (Mr. Alfredo Chiradia, Secretary of State of Commerce & International Economic Relations); Brazil (Mr. Celso Amorim, Minister of External Relations & International Trade); Bolivia (Mr. Alvaro Moscoso, Permanent Mission of Bolivia to the WTO); Chile (Mr. Carlos Furche, General Director for International Economic Affairs); China (Mr. Yi Xiaozhun, Assistant Minister of Commerce; Cuba (Mr. Ernesto M. Delgado, Joint Secretary of International Organisms of the Ministry of Foreign Trade); Egypt (Dr. (Mrs) Samiha Fawzy, Assistant Minister for Foreign Trade and Industry); Gautemala (Mr. Eduardo Sperisen-Yurt, Ambassador, Permanent Mission to the WTO); Indonesia (Dr. Ir. Anton Apriyantono, Minister of Agriculture; Mexico (Mr. Angel Villalobos Rodriguez, Deputy Minister of International Trade Negotiations); Nigeria (Mr. A.D. Idris Waziri, Minister of Commerce);  Pakistan (Mr. Humayun Akhtar Khan, Minister for Commerce); Paraguay (Ms. Leila Rachid de Cowles, Minister of External Relations); Philippines (Mr. Sagfredo R Serrano, Under Secretary, Department of Agriculture); South Africa (Mr. Mandisi Bongani Mabuto Mpahlwa, Minister of Trade and Industry and Ms. Angela T Didiza, Minister of Agriculture and Land Affairs); Tanzania (Dr. Juma A Ngasongwa, Minister for Industry and Trade); Thailand (Mrs. Puangrat Asavapisit, Ambassador, Permanent Mission of Thailand to the WTO); Venezuela (Mr. Oscar Carvallo, Deputy Permanent Representative Permanent Mission); Zimbabwe (Mr. K.V. Manyonda, Deputy Minister of Industry and International Trade); Benin -- Coordinator for ACP (Mr. Fatiou Akplogan, Minister of Industry, Commerce and Promotion of Employment); Guyana -- Coordinator for CARICOM (Mr. Clement J Rohee, Minister of Foreign Trade & International Cooperation); Rwanda -- Coordinator for Africa Group  (Prof. Manasseh Nshuti, Minister of Commerce & Industry and Promotion of Investment and Tourism); Zambia -- Coordinator for LDCs (Mr. Dipak Patel, Minister of Commerce, Trade & Industry); and Uruguay -- Observer (Mr. Ernesto Agazzi, Vice Minister of Livestock, Agriculture & Fishing)  besides India (Shri Kamal Nath and Shri E.V.K.S. Elangovan, Minister of State for Commerce & Industry).

           During the morning session, the Ministers deliberated on agriculture issues relating to Export Competition and Domestic Support and discussed market access issues in the afternoon session.   Speaking at the morning session, Shri Kamal Nath said that agriculture remained at the core of the Doha Agenda for most developing countries and that elimination of all trade distorting support and export subsidies were at the heart of G-20’s own objectives.   On market access, members noted that the critical “gateway” issue for developing countries were related was the issue of conversion of specific duties (non-ad valorem tariffs) to their ad valorem equivalents.   He said the tariff reduction formula must have regard to the food security, livelihood and rural development needs of developing countries as recognized in the framework for negotiations agreed by WTO members in July last year, along with special products and special safeguard mechanisms as additional instruments to address specific situations in developing countries.

           The Ministers also exchanged views on other areas of negotiations such as non-agricultural market access (NAMA), services, development issues etc. so as to have a composite assessment of the current state of play in the ongoing Doha Round of the WTO multilateral trade negotiations.

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G-20 MINISTERIAL MEETING BEGINS TOMORROW – FIRST EVER MINISTERIAL LEVEL MEET ON WTO ISSUES
BEING HOSTED BY
INDIA

 

New Delhi, 17 March, 2005

 The two-day G-20 Ministerial Meeting begins here tomorrow. The G-20 is an alliance of developing countries in the ongoing negotiations in the World Trade Organisation (WTO), with focus on agricultural issues. This is the first time that India is hosting a ministerial level meeting on WTO – related issues, an event of particular significance as it is expected to evolve the G-20 strategy and position in the WTO negotiations in the coming months ahead of the next Ministerial Conference of the WTO scheduled to be held in Hong Kong from 13 to 18 December, 2005. This is intended to ensure that the interests and concerns of its constituent members are incorporated in the final outcome of the Hong Kong Ministerial, as was mentioned by Shri Kamal Nath, Minister of Commerce and Industry, at his news conference on the G-20 Ministerial Meeting earlier this week. The Meeting will also take stock of the state-of-play of the technical aspects of the negotiations which have been going on since the Adoption of the July Framework Agreement of 2004 and provide the political inputs that are now considered necessary in order to break the logjam on various technical matters relating to the negotiations among WTO members.

 “G-20 today represents the needs of billions of poor farmers in developing countries. It is not a closed group, and has been open to participation of other interested countries that support its objectives. (Hence), the G-20 meeting in New Delhi on 18-19 March, 2005 also marks the first in Ministerial level interactions with other developing country alliances: G-33, Least Developed Countries (LDCs), Africa Group, Africa- Caribbean-Pacific (ACP) countries, and CARICOM (Caribbean Community)”, Shri Kamal Nath has said.

 The G-20 countries participating in the meeting are: Argentina, Brazil, Bolivia, Chile, China, Cuba, Egypt, Guatemala, India, Indonesia, Mexico, Nigeria, Pakistan, Paraguay, The Philippines, South Africa, Tanzania, Thailand, Venezuela and Zimbabwe.   In addition, the country coordinators attending the meeting are: Indonesia (for G-33), Rwanda (for Africa Group), Zambia (for LDCs), Benin (for ACP) and Guyana (for CARICOM).  Uruguay is participating as an Observer.

 The two-day Meeting of G-20 is preceded by the G-20 Senior Officials Meeting which was held here today.   

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CLARIFICATION REGARDING GUIDELINES PERTAINING TO APPROVAL OF FOREIGN/TECHNICAL COLLABORATIONS UNDER THE AUTOMATIC ROUTE WITH PREVIOUS VENTURES/TIE-UPS IN INDIA

 PRESS NOTE No.3 (2005 SERIES)

 1.       The Government, vide Press Note 1 (2005 Series) dated 12.1.2005, notified fresh guidelines for approval of new proposals for foreign/technical collaboration under the automatic route with previous venture/tie up in India.  According to these guidelines, prior approval of the Government would be required for new proposals for foreign investment/technical collaboration, in cases where the foreign investor has an existing joint venture or technology transfer/trademark agreement in the same field in India.

 2.       The Government had, earlier vide Press Note 10 (1999 Series) notified the definition of “same field” as the 4 digit National Industrial Classification (NIC) 1987 Code.  It is hereby reiterated that for the purposes of Press Note 1 (2005 Series), the definition of ‘same’ field would continue to be 4 digit NIC 1987 Code.

 3.       It is also clarified that proposals in the Information Technology sector, investments by multinational financial institutions and in the mining sector for same area/mineral were exempted from the application of Press Note 18 (1998 Series) vide Press Note 8 (2000), Press Note 1(2001) and Press Note 2(2000) respectively. Investment proposals in these sectors would continue to be exempt from Press Note 1 (2005 Series).

 4.                 From para 2(i) of the guidelines notified vide Press Note 1 (2005 Series), it is clear that prior Government approval for new proposals would be required only in cases where the foreign investor has an existing joint venture, technology transfer/trademark agreement in the ‘same’ field subject to provisions of para 2(ii) of the Press Note 1 (2005 Series).

 5.                 For the purpose of avoiding any ambiguity it is reiterated that joint ventures, technology transfer/trademark agreements existing on the date of issue of the said Press Note i.e. 12.1.2005 would be treated as existing joint venture, technology transfer/trademark agreement for the purposes of Press Note 1 (2005 Series).

 Department of Industrial Policy & Promotion, Ministry of Commerce and Industry, New Delhi, dated 16th March, 2005

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 LECTURE ON SPECIAL AND DIFFERENTIAL TREATMENT
IN WTO TOMORROW

 New Delhi: March 16, 2005

The UNCTAD-India Programme is organising a lecture on “Special & Differential Treatment in the WTO” by Ms. Sheila Page, Group Coordinator and Research Fellow, International economic Development Group, Overseas Development Institute, London, here tomorrow.   

Ms. Sheila Page is also the author, along with Peter Kleen of a major Report on ” Special & Differential (S&D) Treatment of developing countries in the WTO” which says that S&D should increase the benefits to developing countries from trade.    “The purpose of the WTO is to provide the rules which will allow its members, which represent a wide range of different types of economy and levels of development, to grow and develop without impeding the progress of others…. If the WTO members now accept that the organisation should aim for universal membership, in order to ensure that the benefits of certainty and predictability apply to all trade by its members, then both the possibility that some countries are permanently ‘different’ and the certainty that some will not share the same approach to all rules imply that the WTO must either limit its rules to those who can benefit and be accepted by all members or allow permanent derogations for countries with different economies or different approaches to economic policy”, the Report says.

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KAMAL NATH CALLS FOR REVERSAL OF STAGNANT TRADE WITH JAPAN

 New Delhi: March 16, 2005

Shri Kamal Nath today called for reversing the stagnant trend in India’s trade with Japan. In his keynote address at the symposium on “Japan & India: Challenges and responsibilities as partners in the 21st century Asia” organized by the Confederation of Indian Industry (CII) here this morning, he said that it was disappointing to note that Indo Japan trade was only 4 billion dollars during 2003-04 registering a growth of 18% over what it was in 2002-03. “What is actually worrying is the fact that India-Japan trade amounted to 4 billion dollars way back in 1997-98. Since then the trade has either remained almost stagnant or decreased in the intervening period. On the other hand, the trade relations between India and other countries like China and Korea have shown remarkable growth. With China, for example, the trade has shown a major spurt from 2.3 billion dollars in 2000-01 to 7 billion dollars in 2003-04. In fact, it is likely to touch a spectacular figure of 13 billion dollars in the current financial year. Similarly, India's trade with Republic of Korea has grown on a regular basis and has almost doubled from 1.6 billion dollars in 2001-02 to 3.21 billion dollars in 2003-04. Engagement between India and Japan is clearly not keeping pace with the growth of trade between India and other countries in the region” he said.

 The minister observed that there was a vast potential for higher levels of Japanese investment in India in a variety of sectors like Infrastructure, Telecom, Power and Construction where Japanese businessmen could make use of the growing opportunities in this country. Recently, Government of India has permitted FDI in real estate and construction sectors, opening huge opportunities for Japanese business. “The FDI policy of India is reasonably liberal, transparent and investor friendly where FDI up to 100% is allowed under automatic route for almost all major sector/activities and Japan can take advantage of it”, he said.

 Shri Kamal Nath noted that approvals of Japanese FDI in India over the period 1991-2004 had been of the order of 3.2 billion dollars which was around 4.8 % of total Indian approvals for all FDI. Of this, the actual inflow of investment from Japan was around 1.8 billion dollars. Referring to the already existing successful Japanese investments in India like Suzuki-Maruti, Hero-Honda and Toyota-Kirloskar, joint ventures in the area of automobiles and chemicals he said these success stories could be replicated manifold.

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 RECORD GROWTH IN INDIA'S EXPORTS
FOREIGN TRADE DATA FOR APRIL-FEBRUARY 2004-05

 

New Delhi: March 14, 2005

India's exports during April-February 2004-05 are valued at US $ 69798.26 million ($ 69.7 billion) which is 27.03% higher than the level of US $ 54946.43 million ($54.9 billion) during April-February 2003-04.   This is substantially higher than the 15.46% export growth in April-February 2003-04 over April-February 2002-03.   In rupee terms, the exports were Rs.314185.17 crore during April-February 2004-05 which is 24.40% higher than the value of exports during April-February 2003-04.

 Exports during February 2005 are valued at US $ 6711.05 million ($ 6.7 billion) which is 8.01% higher than the level of US $ 6213.35 million ($ 6.2 billion) during February 2004.    This is over and above the 44.97% export growth in February 2004 over February 2003.    In rupee terms, the exports were Rs.29313.73 crore, which is 4.22% higher than the value of exports during February 2004.

India's imports during April-February 2004-05 are valued at US $  93628.82 million representing an increase of 36.33% over the level of imports valued at US $ 68675.59 million in April-February 2003-04.   Oil imports during April-February 2004-05 are valued at US $ 26651.65 million which is 44.45% higher than oil imports valued at US $ 18450.93 million in the corresponding period last year.  Non-oil imports during  April-February 2004-05 are estimated at US $ 66977.17 million which is 33.36% higher than the level of such imports valued at US $ 50224.66 million in April-February 2003-04.

Imports during February 2005 are valued at US $ 9341.08 million  representing an increase of 38.64% over the level of imports valued at US $ 6737.79 million in February 2004.    In rupee terms the imports increased by 33.77%.

The trade deficit for April-February 2004-05 is estimated at US $ 23830.56 million which is higher than the deficit at US $ 13729.16 million during April-February 2003-04.

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KAMAL NATH CALLS FOR GREATER ECONOMIC COOPERATION WITH BELGIUM
SEEKS BELGIAN INITIATIVE TO ADDRESS THE NTB ISSUE

 

 New Delhi: March 14, 2005

Shri Kamal Nath, Union Minister of Commerce & Industry, has called for  greater economic cooperation with Belgium while addressing the "Indo-Belgium: Building Strong Partnership" meet organised by the Confederation of Indian Industry (CII) here today.  He also sought Belgian initiative in settling the issues of non-tariff barriers (NTBs) on supposed grounds of health and sanitary and phyto-sanitary (SPS) standards that Indian exporters had been facing in the European Union (EU).

The Minister observed that there were many areas for increasing  cooperation with Belgium, such as infrastructure, energy, construction, biotech, software etc., while emphasising that removal of restrictions on visa and work permits for professionals and businessman moving from India to Europe was necessary to facilitate greater bilateral engagement.

The Minister noted that there were large gaps in India's infrastructure and energy sector and suggested that the Belgium could play an important role in filling this gap.   He also called for concerted efforts to bridge the gap between the approvals and actual inflows of FDI from Belgium.

Indo-Belgium bilateral trade during the year 2003-04 was US $ 5.7 billion against US $ 5.37 billion during 2002-03 registering a growth rate of 6%.    India's exports to Belgium include gems & jewellery, primary & semi-finished iron & steel, RMG cotton & accessories and marine products while imports from Belgium include pearls, precious stones, ores & metal scraps and organic chemicals.

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NEW LAW ON SEZ TO BE PLACED IN PARLIAMENT SOON –INVESTMENT CLIMATE IN INDIA BEING
CONTINUOUSLY IMPROVED, SAYS KAMAL NATH

 New Delhi: March 10, 2005

Shri Kamal Nath, Union Minister of Commerce & Industry, said here today that he would soon be presenting before Parliament the new law on Special Economic Zones (SEZs), as part of the government’s focus on improving the investment climate in India through a series of legal measures.   

Inaugurating the India Trade and Investment Forum on “The Resurgent India: It’s Challenges & Opportunities”, organised here jointly by the Confederation of Indian Industry (CII), Commonwealth Business Council (CBC) and the Department of Industrial Policy Promotion (DIPP), Shri Kamal Nath said that the Indian economy was among the fastest growing economies in the world, with average GDP growth in the last ten years of 7%.  India’s exports were set to cross 75 billion dollars, growing at over 25% per annum, despite a strengthening rupee.  The Foreign Trade Policy that I announced in August last year seeks to double India’s share in global merchandise trade, and to reach a level of exports of 150 billion dollars four years from now.  Increased foreign trade is a critical element of our economic strategy as it generates economic activity which is incremental, resulting in greater employment generation, which is one of our principal goals, he said.

The 16-point Action Programme for Investment endorsed in the 2002 CHOGM already lays down principles for governments and businesses to promote investment among member states. These relate to fostering conducive business environments by governments and for better corporate governance for companies. “My Ministry would be happy to explore possibilities for expanding these facilities by hosting or promoting further such conferences and forum through the special programmes that we are conducting to foster trade and investment links in emerging markets”, he said.

Underlining the importance of the collective Commonwealth voice in multilateral trade bodies such as the World Trade Organisation (WTO) since Commonwealth account for 40% of WTO membership, Shri Kamal Nath observed that greater cooperation on trade policy issues through the Commonwealth Forum could speed up the process of the Doha Development Agenda.

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 KAMAL NATH TO INAUGURATE FICCI BUSINESS PARTNERSHIP PROGRAMME ON COMPETITIVENESS
TOMORROW

 New Delhi: March 10, 2005

Shri Kamal Nath, Union Minister of Commerce & Industry, will launch the “Business Partnership Programme for Promoting Competitiveness”, here tomorrow.  The programme is being jointly organised by the Federation of Indian Chambers of Commerce & Industry (FICCI), UNIDO (United Nations Industrial Development Organisation) and Department of Industrial Policy & Promotion (DIPP), Ministry of Commerce & Industry, Government of India.     

Mr. Carlos Alfredo Magarinos, Director General, UNIDO, will give the keynote address and Mr. Ashok Jha, Secretary, DIPP, will share his perspective on the Business Partnership Programme.

The government is laying a lot of emphasis on promoting competitiveness, particularly growth of the manufacturing sector. Setting up of the National Manufacturing Competitiveness Council (NMCC) was a major initiative in this context.  At the first meeting of the NMCC held on 6th January, 2005, reduction of cost of manufacture, encouraging innovations, adopting the best management practices, supporting Small Scale Industries Sector to achieve standardization etc., were identified as some of the major areas for policy interventions.   Textiles, leather, chemicals, gems & jewellery etc., were identified as thrust sectors.

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 FOREIGN MINISTER OF MALTA CALLS ON KAMAL NATH

 New Delhi: March 9, 2005

 

Dr. Michael Frendo, Foreign Minister of Malta, called on Union Minister for Commerce and Industry, Shri Kamal Nath here this evening. Shri Kamal Nath said that with Malta having recently joined the European Union, it makes a useful interlocutor for India's trade policy negotiations with the European Commission. Referring to multilateral trade issues, he said that in respect of Non Agricultural market Access (NAMA), India favoured a formula that focused on addressing the issues of tariff peaks, high tariffs and tariff escalation on products of export interest to developing countries as this was the only way to get an equitable result in the trade negotiations.

Both India and Malta have signed a bilateral agreement for the avoidance of double taxation. Malta's potential importance lies in its economic complementarity and its English speaking work force. Cooperation with Malta would be useful to India to enhance its exports to European Union countries.

 Bilateral trade between India and Malta has been increasing over the years, touching US $ 98 million in the year 2003-04, and registering a growth of over 300 percent over the previous year. Petroleum products constitute the major exports from India. Imports from Malta include electronic goods, electrical machinery, and professional instruments.

 

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INCENTIVES FOR UNITS IN SEZs

 New Delhi: March 9, 2005

            The Major entitlements available to units in Special Economic Zones (SEZs) include duty-free import/domestic procurement of goods, exemption from Central Sales Tax on supplies form Domestic Tariff Area and 100% income tax exemption for first 5 years, 50% for the next two years and not exceeding 50% of ploughed back profits for next three years.

             These units are not granted any financial aid.

             This was stated by Shri Kamal Nath, Union Minister of Commerce & Industry, in a written reply in the Rajya Sabha today.

 

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 EXPORT POLICY FOR IRON ORE ON ANVIL; KAMAL NATH

 

New Delhi: March 9, 2005

 

            The Export Policy for export of high quality iron ore for the year 2005-06 is still under formulation,        Shri Kamal Nath, Union Minister of Commerce & Industry, said in a written reply in the Rajya Sabha today.

             Recently, test checks of consignments of iron ore exports were conducted.   Except in one case, the others were found in conformity with the obligations of the Foreign Trade Policy.   Adjudication proceedings against the firm are in progress, he said.

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 WIDESPREAD CONSULTATIONS BEING HELD ON DEPB REPLACEMENT SCHEME: KAMAL NATH

 New Delhi: March 9, 2005

            The government has initiated a widespread consultation process with the exporters and other related organisations and experts for formulating a new Scheme to replace the Duty Entitlement Pass Book (DEPB) Scheme, Shri Kamal Nath, Union Minister of Commerce & Industry, said in a written reply in the Rajya Sabha today.  In the Foreign Trade Policy announced on 31st of August, 2004 it was mentioned that the DEPB scheme would continue to be operative until it is replaced by a new scheme which would be drawn up in consultation with exporters.   

             A meeting was held with all the Export Promotion Councils, Commodity Boards and other bodies in December 2004.

             The government had set a target of US $ 74 billion for 2004-05 (16% growth over the previous year) which is likely to be over achieved with exports crossing the US $ 60 billion mark during the first ten months of the current financial year itself.   Export targets have also been set for the next four years with the objective of reaching US $ 150 billion worth of exports by 2008-09, so as to double India’s share of trade in the world market, the Minister added.

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185% GROWTH IN INDIA’S EXPORTS TO PAKISTAN: KAMAL NATH

 New Delhi: March 9, 2005

             Shri Kamal Nath, Union Minister of Commerce & Industry, has said that a strong growth of 185% has been registered in India’s exports to Pakistan during the period April-November 2004 (US $ 314.54 million) as compared to US $ 110.48 million for the corresponding period in 2003-04, and a growth of 149% has been registered in imports from Pakistan during the same period of the current year.

             The commodities where significant growth is registered include, man-made fibre (1145%); plastic & linoleum products (1864%); non-ferrous metals (1311%); rice – other than basmati (542%); ferro alloys (875%); pulses (759%); meat & meat preparations (521%) etc.

                        The growth which has taken place in India-Pakistan trade is indicated below:

 

  (Value: In US $ million)

Year

Exports to Pakistan

Imports from Pakistan

Total trade

Rate of growth

2000-2001

186.32

64.03

250.35

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2001-2002

144.01

64.76

208.77

(-) 16.6%

2002-2003

206.16

44.85

251.01

20.2%

2003-2004

286.55

57.74

344.29

37.2%

2003-2004
(Apr-Nov)

110.48

44.47

154.95

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2004-2005
(Apr-Nov)

314.54

66.25

380.79

145.8

           

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KAMAL NATH CALLS FOR EQUITABLE TARIFF FORMULA IN NAMA NEGOTIATIONS
URGES DEVELOPED COUNTRIES TO LIBERALISE MODE 4
WTO MINI-MINISTERIAL IN KENYA GETS UNDERWAY

 New Delhi: March 04, 2005

           Shri Kamal Nath, Union Minister of Commerce & Industry, has called for an equitable tariff reduction formula in the negotiations on non-agricultural market access (NAMA) in the World Trade Organisation (WTO), keeping in view the concerns and interests of developing countries, including India. Shri Kamal Nath was participating in the two-day Meeting of leading WTO Trade Ministers –mini-Ministerial in Kenya last evening, at which the subjects discussed were NAMA and Services.   Agriculture and developmental issues are scheduled to be taken up for discussion today.

           According to reports from Kenya, the discussions on NAMA were constructive and useful.    For the first time, actual tariff reduction formulae in NAMA were discussed at the Ministerial level.   The European Union (EU) put forward their proposal for the Swiss type formula*, with credits to be given to developing countries.    But India responded by saying that this was not adequate.    The United States (US) reiterated its suggestions for using two different co-efficients for tariff reduction – one for developing countries and one for the developed countries.   Shri Kamal Nath remarked that while this suggestion was a step in the right direction, it was still not adequate.  The formulae still required a lot of fine-tuning, he said, and suggested  that  the  Girard  formula**  which  used  co-efficients  for  each

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* Swiss formula: involves reduction of high tariffs by very high percentages, thereby affecting developing countries.

 ** Girard formula:  takes into account the existing tariff structures of member countries, in line with the concerns of developing countries.

 country equal to its own tariff average as this could be the most appropriate mechanism.  However, Shri Kamal Nath said that even the Girard formula had its shortcomings and hence, India, Brazil and China along with some other countries were working on a modified Girard formula, so as to evolve a suitable formula for tariff reduction in the area of non-agricultural market access.  “We are giving final touches to this and hope to be able to table it shortly”, he said.   This statement by India was welcomed by the participants, who felt that this could be the basis for a breakthrough in the NAMA negotiations.

           Shri Kamal Nath also strongly raised the issue of non-tariff barriers (NTBs) in the non-agricultural sector, pointing out that persistence of NTBs would negate whatever flexibilities were available for developing countries in non-agricultural market access. 

           In Services, the Minister made a strong pitch for liberalisation of movement of natural persons under Mode 4.    “All these (requirements of) qualifications, visas and licensing are being done in a non-transparent manner and acting as Technical Barriers to Trade (TBTs) in Services, just as sanitary and phyto-sanitary (SPS) measures often act as TBTs to trade in goods”, Shri Kamal Nath said.

           “We are now calling on all membership involvement in trying to make preparations as best we can so that Hong Kong can put us on the road to successful completion”, WTO Director-General Supachai Panitchpakdi said at the start of the talks in Kenya.

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GUIDELINES FOR FDI IN CONSTRUCTION-DEVELOPMENT SECTOR ISSUED
CATALYSING INVESTMENT FOR GROWTH AND EMPLOYMENT

 

New Delhi: March 04, 2005

The Ministry of Commerce & Industry (Department of Industrial Policy & Promotion), Government of India, has issued the guidelines for foreign
direct investment (FDI) under the automatic route in townships, housing, built-up infrastructure and construction-development projects vide Press
Note 2 (2005) dated 3rd March, 2005. The decision to allow 100% FDI under the automatic route in this important sector was announced by Shri Kamal Nath, Union Minister of Commerce & industry, on 24th February, 2005.

  The following is the text of the Press Note 2 (2005) dated March 3, 2005:

  "With a view to catalysing investment in townships, housing, built-up infrastructure and construction-development projects as an instrument to
generate economic activity, create new employment opportunities and add to the available housing stock and built-up infrastructure, the
Government has decided to allow FDI up to 100% under the automatic route in townships, housing, built-up infrastructure and construction-development projects (which would include, but not be restricted to, housing, commercial premises, hotels, resorts, hospitals, educational institutions, recreational facilities, city and regional level infrastructure),  subject to the following guidelines:

a.  Minimum area to be developed under each project would be as under:

I. In case of development of serviced housing plots, a minimum land area of 10 hectares
II. In case of construction-development projects, a minimum built-up area of 50,000 sq. mts
III. In case of a combination project, any one of the above two conditions would suffice
 

b.  The investment would further be subject to the following conditions:
 

I. Minimum capitalization of US$10 million for wholly owned subsidiaries and US$ 5 million for joint ventures with Indian partners. The funds would have to be brought in within six months of commencement of business of the Company.

II. Original investment cannot be repatriated before a period of three years from completion of minimum capitalization. However, the investor may be permitted to exit earlier with prior approval of the Government through the FIPB.
 

c.  At least 50% of the project must be developed within a period of five years from the date of obtaining all statutory clearances. The investor
would not be permitted to sell undeveloped plots.

For the purpose of these guidelines, "undeveloped plots" will mean where roads, water supply, street lighting, drainage, sewerage, and other
conveniences, as applicable under prescribed regulations, have not been  made available.  It will be necessary that the investor provides this
infrastructure and obtains the completion certificate from the concerned local body/service agency before he would be allowed to dispose of
serviced housing plots.

d.  The project shall conform to the norms and standards, including land use requirements and provision of community amenities and common
facilities, as laid down in the applicable building control regulations, bye-laws, rules, and other regulations of the State Government/ Municipal/
Local Body concerned.

e.  The investor shall be responsible for obtaining all necessary approvals, including those of the building/layout plans, developing
internal and peripheral areas and other infrastructure facilities, payment of development, external development and other charges and complying with
all other requirements as prescribed under applicable rules/bye-laws/regulations of the State Government/ Municipal/Local Body
concerned.

f.   The State Government/ Municipal/ Local Body concerned, which approves the building / development plans, would monitor compliance of the above conditions by the developer.

2. Para (iv) of Press Note 4 (2001 Series), issued by the Government on 21.5.2001, and Press Note 3 (2002 Series), issued on 4.1.2002, stand
superceded".


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'INDIA KEEN TO INCREASE TRADE WITH AFRICA'
ELANGOVAN URGES INDIAN FIRMS TO EXPAND AFRICAN OPERATION

 New Delhi: March 3, 2005

Shri EVKS Elangovan, Minister of State for Commerce and Industry said that India was keen to increase its trade and economic cooperation with Africa. He was addressing the Conclave on Indo-Africa Project Partnership meet organized by the Ministry of Commerce the Confederation of Indian Industry (CII) and the Export Import Bank (EXIM Bank) here today.

 Stating that Africa is the continent of the future, the Minister said that  the 'Focus Africa' programme that has been launched by the Ministry to give increased thrust to trade in the region. He said that Africa, with its tremendous natural resources possesses immense potentials for growth and the conclave helps to showcase Indian capabilities to provide technology and services at affordable cost to the continent.

 Shri Elangovan called upon the Indian companies to be more pro-active in tendering for projects and services in the region. Noting that trade is not just the flow of goods and services, but a mechanism for people to people contact, and Indian traders being well known in the area, they enjoy a comparative advantage. Indian Companies, both in the public and private sectors, have shown keen interest in participating in African Development Bank funded projects, he said.

 Noting that technology is the key to development in the 21st century, the minister said that with Indian competence in the areas of software, engineering, telecommunications, and construction, Africa can achieve its development aspirations. The competence of our consultants, corporations, and companies engaged in these sectors can be taken advantage of by our African partners. "Further the banking sector in India is undergoing major changes and our new generation banks are comparable with top international banks.  We have now, state of the art technology in banking services and management. India is keen to share its technology and experience with the African Region" he added.

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 KAMAL NATH LEAVES FOR KENYA TO ATTEND WTO MINI-MINISTERIAL

 New Delhi: March 2, 2005

             Shri Kamal Nath, Union Minister of Commerce & Industry, left last night for Kenya to participate in the meeting of the Trade Ministers of the World Trade Organisation (WTO) – mini-Ministerial – scheduled to be held in Mombasa on 2nd – 4th March, 2005.  He will be leading the Indian delegation to the meeting which is expected to be attended by Trade Ministers of 30 leading WTO member countries.

             Shri Kamal Nath had earlier participated in the mini-Ministerial meeting of 33 Trade Ministers in Davos, Switzerland, in January 2005, when it was decided by the Ministers to accelerate the process of negotiations through a series of meetings at the ministerial level so as to speed up finalisation of modalities for negotiations within the WTO Framework Agreement of July 2004 and resolve outstanding issues in the run-up to the Hong Kong Ministerial Conference scheduled to be held later this year.    The Davos meeting had reiterated its commitment to the Doha Development Agenda and the July Framework.   It emphasized the need for intense ministerial involvement and political directions to the negotiations throughout the year in order to ensure positive outcome of the Hong Kong Ministerial as also the Doha Round. 

             Modalities for negotiations in agriculture and non-agricultural market access (NAMA) are expected to be finalized by the Hong Kong Ministerial.    It was also stressed that there should be a critical mass offer on Services as well as significant progress on rules and trade facilitation by then.  

             The Kenya meeting is of particular importance since it is the first in a proposed series of meetings leading up to Hong Kong, that would be exclusively devoted to WTO matters, unlike in Davos, where only such Ministers who attended the World Economic Forum, participated. 

             The Kenya meeting is also significant, because a fortnight later, India is hosting the G-20 countries for a Conference in New Delhi.

             Others in the delegation accompanying the Minister to Kenya are Shri Gopal K. Pillai, Additional Secretary, Ministry of Commerce & Industry; Shri U.S. Bhatia, Ambassador of India to the WTO; and Shri Anthony de Sa, Joint Secretary, Ministry of Commerce & Industry.

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 ANTI-DUMPING FACED BY SEAFOOD EXPORTERS IN USA

 New Delhi: March 2, 2005

            As a result of the final anti-dumping margin announced by the United States Government in January 2005 on shrimp import from India, Indian exporters have to pay the duty margin as follows: 

M/s. Devi Sea Foods Ltd.

4.94%

M/s. Nekkanti Seafoods Ltd.

9.71%

M/s, Hindustan lever Ltd.

15.36%

All others rate

10.17%

           The Marine Products Export Development Authority (MPEDA) and the Seafood Exporters Association of India (SEAI) has been defending the interests of the Indian shrimp industry.

                    As per the provisional export figures provided by the MPEDA, the exports of marine products for India during the period April-December 2004 amounted to US $ 1088.24 million.    The respective exports from Cochin and Visakhapatnam ports during this period were provisionally US $ 188.46 million and US $ 176.93 million respectively.    For the exports of marine products, Chennai is the leading port.

           This was stated by Shri E.V.K.S. Elangovan, Minister of State for Commerce & Industry, in a written reply in the Rajya Sabha today.

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 INDIA AIMS AT 1.5% SHARE OF WORLD TRADE BY 2009

 New Delhi: March 2, 2005

         India’s exports are targeted at US $ 150 billion in 2008-09 so as to reach 1.5% share in the global trade during the next five years.

         Exports were valued at US $ 63.94 billion during 2003-04.

         An export target of US $ 88 billion has been fixed for 2005-06.   Exports were valued at US $ 60.75 billion during April-January 2004-05 against a target of US $ 75 billion for the full financial year.    Hence, the percentage of target achieved during the first ten months of the current financial year was 81%.

         This was stated by Shri E.V.K.S. Elangovan, Minister of State for Commerce & Industry, in a written reply in the Rajya Sabha today.

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TSUNAMI HITS INDIA’S MARINE EXPORTS

 New Delhi: March 2, 2005

         The Tsunami has adversely impacted on India’s marine products exports.    The Marine Products Export Development Authority (MPEDA) has furnished some preliminary information to the government giving the likely fall in exports as the result of the Tsunami.    It has been reported that the Tsunami has caused extensive damages to the infrastructure for fishing such as boats, nets and landing jetties, which is likely to affect the landing of fish and exports as well.  

         Government has been taking necessary steps to build up infrastructure facilities.  The government has also through MPEDA has been implementing a number of schemes to boost the exports of marine products.  These schemes include schemes for extending financial assistance to the seafood processing industry; steps to upgrade processing facilities to meet international standards of hygiene and quality; expansion of aquaculture; imparting training to aquaculture farmers to adopt sound management practices to prevent outbreak of diseases; assistance to produce value-added products for export; marketing support etc.

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 KAMAL NATH TO ATTEND WTO MINISTERIAL IN KENYA

 New Delhi: March 1, 2005

            Shri Kamal Nath, Union Minister of commerce & Industry, is leaving tonight for Kenya to participate in the meeting of the Trade Ministers of the World Trade Organisation (WTO) – mini-Ministerial – scheduled to be held in Mombasa on 2nd – 4th March, 2005.  He will be leading the Indian delegation to the meeting which is expected to be attended by Trade Ministers of 30 leading WTO member countries.

             Shri Kamal Nath had earlier participated in the mini-Ministerial meeting of 33 Trade Ministers in Davos, Switzerland, in January 2005, when it was decided by the Ministers to accelerate the process of negotiations through a series of meetings at the ministerial level so as to speed up finalisation of modalities for negotiations within the WTO Framework Agreement of July 2004 and resolve outstanding issues in the run-up to the Hong Kong Ministerial Conference scheduled to be held later this year.    The Davos meeting had reiterated its commitment to the Doha Development Agenda and the July Framework.   It emphasized the need for intense ministerial involvement and political directions to the negotiations throughout the year in order to ensure positive outcome of the Hong Kong Ministerial as also the Doha Round. 

             Modalities for negotiations in agriculture and non-agricultural market access (NAMA) are expected to be finalized by the Hong Kong Ministerial.    It was also stressed that there should be a critical mass offer on Services as well as significant progress on rules and trade facilitation by then.  

             The Kenya meeting is of particular importance since it is the first in a proposed series of meetings leading up to Hong Kong, that would be exclusively devoted to WTO matters, unlike in Davos, where only such Ministers who attended the World Economic Forum, participated. 

             The Kenya meeting is also significant, because a fortnight later, India is hosting the G-20 countries for a Conference in New Delhi.

             Others in the delegation accompanying the Minister to Kenya are Shri Gopal K. Pillai, Additional Secretary, Ministry of Commerce & Industry; Shri U.S. Bhatia, Ambassador of India to the WTO; and Shri Anthony de Sa, Joint Secretary, Ministry of Commerce & Industry.

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SB/MRS

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