Activities
relating to the World Trade Organization (WTO)
Currently, there are 153 member
nations of the WTO. The state of play of
multilateral negotiations in the WTO on various
issues covered by the Doha Work Programme is
elaborated in the subsequent paragraphs.
I. Agriculture
The Chair of the Committee on
Agriculture (Special Session) brought out a fourth
revision of Draft Modalities for Agriculture on
6th December 2008. Discussions on this text began
in September 2009.
The agriculture negotiations
apply to the products covered under the Agreement
on Agriculture (AOA) of the World Trade
Organization (WTO), namely, all basic agricultural
products, the products derived from them and all
processed agricultural products. This also
includes wines, spirits, tobacco products, fibres
such as cotton, wool and silk and raw animal skins
for leather production. Fish and fish products and
forestry products are not included.
The three main elements or “pillars”
of the Agreement on Agriculture (AOA) and the
negotiations are: (i) market access, (ii) domestic
support and (iii) export competition. The Doha
Ministerial Declaration of November 2001 committed
Members to comprehensive negotiations aimed at
substantial improvements in market access;
reductions of, with a view to phasing out, all
forms of export subsidies; and substantial
reductions in trade-distorting domestic support.
Special and differential treatment for developing
Members is also intended to be an integral part of
the modalities.
Market
Access
The customs tariff is the duty
charged on the import of any good into the
domestic territory of a country. The negotiations
at the WTO are on bound customs tariffs, which are
the ceiling rates notified to the WTO, while the
tariffs which are actually applied by the customs
authorities on imports into a country are the
applied customs tariffs. The applied tariffs
cannot ordinarily exceed the bound customs tariffs
in the WTO Member countries.
Reduction of Bound
Tariffs: Developed countries are required
to reduce their bound tariffs in equal annual
installments over five years with an overall
minimum average cut of 54%. Developing countries,
on the other hand would have to reduce their final
bound tariffs in equal annual installments over
ten years effecting a maximum overall average cut
of 36%.
Both developed and developing
Members would have the flexibility to designate an
appropriate number of tariff lines as Sensitive
Products (SEPs), on which they can undertake lower
tariff cuts. Even for these products, however,
there has to be “substantial improvement” in
market access, and the smaller cuts would have to
be offset by tariff quotas allowing greater access
for imports. The three issues being negotiated,
therefore, are the number of Sensitive Products,
the tariff cuts they are to take and the
compensatory access through tariff quotas.
While this flexibility is
available to both developing and developed
countries, it is particularly important for
developed countries to be able to protect their
commercially sensitive tariff lines.
Special Products (SP): This is
a Special and Differential (S&D) treatment
provision that allows developing countries some
flexibility in the tariff cuts that they are
required to make on a designated number of
products. This is critical for countries such as
India to meet their food and livelihood security
concerns and rural development needs.
The Fourth Revised Draft
Modalities of 6th December 2008 proposes an
average tariff cut of 11% for a 12% of total
tariff lines to be designated as Special Products
(SPs) with 5% of tariff lines taking zero or no
tariff cuts.
‘ Self-designation’
is a fundamental aspect of the mandate on SPs.
Members are not required to reveal which
agricultural products they would designate as SPs
or SEPs at this stage. They will only decide on
the number of such products and the tariff cuts to
be taken on these products. Later, after the
modalities are agreed and adopted, members would
list such products in their Schedules and notify
them to the WTO.
Special Safeguard
Mechanism (SSM): This is another Special
& Differential (S&D) treatment provision
of the WTO exclusively for developing countries
that gives them the right to have recourse to a
Special Safeguard Mechanism (SSM) based on import
quantity and price triggers. The SSM is important
for developing countries in order to protect their
poor and vulnerable farmers from the adverse
effects of an import surge or price fall.
The safeguard duties under the
proposed SSM would be triggered by either an
import quantity trigger or a price trigger.
However, if the import quantity trigger is set too
high, the SSM loses all efficacy because it can
then only be used in the most exceptional
circumstances. The same holds true if the price
trigger is set too low.
The main issues currently being
discussed under SSM are:
Union Minister of Commerce and
Industry, Shri Anand Sharma along with Commerce
Secretary, Dr. Rahul Khullar addressing the
inauguration of the Opening Session of the “Ministerial
Meeting on Re-energising Doha: A Commitment to
Development”, in New Delhi on September 03,
2009.
In July 2008, discussion was
essentially centred on the second part, namely,
the circumstances in which the Uruguay Round bound
rates could be breached. Countries having major
agricultural exports wanted an initial trigger of
40% i.e imports had to be at least 140% of the
imports in the previous period before the country
would impose a safeguard duty. The G-33 (and
India) argued that this was far too high a
trigger, effectively denying them recourse to the
SSM.
Unreasonable restrictions on
the SSM in terms of very high triggers and
inadequate remedies defeat the very objective of
protecting poor, vulnerable farmers in developing
countries. Given its objectives, it must be a
simple and effective mechanism. The exporting
countries on the other hand are seeking to ensure
market access into developing countries by trying
to limit such provisions. India and its coalition
parties in G-33 have been striving to ensure an
effective safeguard instrument.
Tariff Capping:
This is primarily a developed country concern,
particularly some countries belonging to the G-10,
namely, Japan, Iceland, Switzerland and Norway.
Some of these countries impose prohibitively high
tariffs on some agricultural products. Tariff
capping would bring down these very high tariffs,
over and above what would be required by the
tariff reduction formula.
Tariff Simplification:
This is an entirely developed country concern,
particularly for the EU, Norway, Switzerland and
Canada. These countries use a large number of
non-ad valorem (NAV) tariffs on their agricultural
imports. Developing countries, on the other hand,
rely predominantly on ad valorem (AV) duties. NAV
duties act as an additional layer of
non-transparent protection. As these are used
mainly by developed countries, they act as a
barrier to market access for developing country
exports.
Tropical and
Diversification Products and long-standing
preferences: This involves the European
Commission (EC), the US and 10 Latin American
countries and the African-Caribbean-Pacific (ACP)
Group. The mandate of achieving the fullest
liberalization of trade in tropical agricultural
products comes into direct conflict with the
demand for slower liberalization for products with
long-standing preferences. The Tropical Products
Group comprising Latin American countries want the
fullest liberalization of trade in tropical
agricultural products while the ACP Group that
have had tariff-free access to the developed
country markets (mainly the EU and US) for a long
time are apprehensive about the effect of the
preference erosion on their own producers.
Domestic Support
The Agreement on Agriculture (AOA)
distinguishes between support programmes that
stimulate production directly, and those that are
considered to have no direct effect. Domestic
support that has a direct effect on production and
trade has to be cut back. The Draft Modalities
propose cuts in the Overall Trade-distorting
Domestic Support (OTDS) as well as cuts or caps on
the individual categories of domestic support,
referred to as Amber Box, Blue Box and Green Box
support.
The proposals presently under
discussion refer to a 70% cut in OTDS by the US
and 80% by the EU. A 70% cut would actually bring
US OTDS to about US$ 14.5 billion, down from their
current ceiling of US$ 48.2 billion. This is still
well above their estimated applied level of US$ 7
billion in 2007.
Cotton: This issue is of
prime importance to Burkina Faso, Benin, Mali and
Chad (the Cotton 4). The Cotton-4 proposal on the
table implies an 82.2% cut in domestic support for
cotton by the US. Apart from the C-4, it is of
significance to Brazil and India which are both
major exporters of cotton. In India, cotton is
also a politically sensitive subject. This issue
has seen very little multilateral discussion at
the WTO.
Export Competition
In terms of the draft
proposals, developed countries are required to
eliminate all forms of export subsidies by 2013.
Developing countries could have to do so by 2016.
In terms of the AOA, developing countries had the
flexibility to provide certain subsidies, on
export marketing costs, internal and international
transport, freight charges etc. According to the
current proposals,
|
Box 9.1
India’s Priorities in the Agriculture Negotiations |
|
Safeguarding the
interests of low income and resource poor
agricultural producers remains paramount
for India. In this context, the following
issues are vital:
-
Overall
tariff reductions on bound rates of
not more than 36%;
-
Self-designation
of an appropriate number of Special
Products guided by indicators based on
the three fundamental and agreed
criteria of food security, livelihood
security, and rural development needs;
-
An
operational and effective Special
Safeguard Mechanism to check against
global price dips and import surges,
which is more flexible than the
existing special safeguard available
mainly to developed countries; and
-
Substantial
and effective cuts in OTDS by the US
and the European Commission (EC) and
tighter disciplines on
product-specific limits on AMS and the
Blue Box.
India has been working constructively
with its coalition partners in developing
country groupings such as the G-20 and the
G-33 in order to achieve an outcome in the
agricultural negotiations that would fully
reflect the level of ambition of the Doha
mandate and the interests of developing
countries. |
this provision would continue
to be available to developing countries till 2021
i.e. 5 years beyond the year 2016 when they would
be required to phase out all other forms of export
subsidies.
II. Non Agriculture
Market Access (NAMA)
Non Agricultural Market Access
(NAMA) relates to trade negotiations on
non-agricultural or industrial products. In the
NAMA negotiations, WTO Members discuss the terms
or modalities for reducing or eliminating customs
tariff and non tariff barriers on trade in
industrial products. The product coverage under
NAMA includes marine products, chemicals, rubber
products, wood products, textiles and clothing,
leather, ceramics, glassware, engineering
products, electronics, automobiles, instruments,
sports goods and toys.
On tariffs, the negotiations
take place on bound tariffs which are the bindings
taken during the negotiations at the WTO. The
bound tariffs are the upper limit of the applied
customs tariff which are the tariffs actually
applied by the Customs authorities on imports into
any country. In the NAMA negotiations there are
tariffs on which no bindings have been taken and
these are known as the unbound tariff lines. Based
on the commitments taken by India, at the
commencement of the Doha Round in 2001, India has
more than 31% of its NAMA tariff lines as unbound.
|
Box 9.2
India’s priorities in
NAMA |
-
Formula
reductions that respect the principle
of less than full reciprocity in
reduction commitments
-
Appropriate
and adequate flexibilities to protect
the sensitive tariff lines
-
Participation
in sectoral agreements to be on a non
mandatory basis on a good faith basis
without any pre-judgment of the final
outcome.
|
The main elements of the
NAMA negotiations are:-
(a) Formula for tariff
reductions
At the WTO Ministerial Meeting
at Hong Kong during December, 2005, the Trade
Ministers adopted a Swiss formula with
coefficients that would reduce or eliminate tariff
peaks, high tariffs and tariff escalation. The
simple Swiss formula with coefficients is as
under:
Tf
= (Ti x A)/(Ti
+ A)
where Tf is the final bound
customs tariff , Ti is the initial bound customs
tariff and A is the Swiss coefficient.
The Swiss formula is a non
linear formula. Since most developing countries
have higher average bound customs tariff than
developed countries, the same Swiss coefficient
would lead to higher percentage reductions for
developing countries than developed countries. All
the final bound customs tariffs would be below the
Swiss coefficient “A”.
The Ministerial Mandate also
mention the need to take into account the special
needs and interests of developing countries,
including through less than full reciprocity (LTFR)
in reduction commitments. This is a clear
indication that developing countries would not
undertake the same reduction commitments as
developed countries. Therefore, the issue of two
coefficients, a lower for developed countries and
the higher for developing countries has been
proposed in the negotiations.
During the WTO Mini Ministerial
Meeting from 21-29 July, 2008, Mr Pascal Lamy,
Director General of the WTO had brought out an
informal text on 25 July, 2008 proposing a
coefficient of 8 for developed countries and a 3
tiered coefficient of 20, 22 and 25 linked to
flexibilities for developing countries. These
numbers are also reflected in the NAMA modalities
of 6th December, 2008.
(b) Flexibilities
Flexibilities under NAMA are
intended to protect the sensitive industrial
products of the developing countries both from the
Swiss formula cuts and from taking a binding
commitment. In the Doha Round negotiations, one of
the options for the developing countries is to
take at least half the formula cuts on a specified
percentage of tariff lines subject to a limitation
of imports. The other option is take no formula
cuts or binding commitments on a specific
percentage of tariff lines subject to a limitation
on imports.
Flexibilities are integral to
the concept of Special & Differential
treatment for developing countries in all WTO
Agreements. For India, flexibilities are important
for protecting its infant and vulnerable
industries. These include the micro, small and
medium enterprises (MSMEs), employment intensive
sectors, industries employing socially and
economically vulnerable sections such as women,
traditional artisans and fishermen, as well as
industries in the rural, semi urban, economically
disadvantaged and geographically inaccessible
regions of the country.
The Ministerial mandate was
reflected in paragraph 8 of the July, 2004
Framework Agreement where developing countries
were given the flexibility to ‘apply at least
half the formula cuts on up to [10] percent of the
tariff lines provided these tariff lines did not
exceed [10] percent of the total value of a Member’s
imports during 1999-2001; or keep, as an
exception, tariff lines unbound, or not apply
formula cuts for up to [5] percent of tariff lines
provided they do not exceed [5] percent of the
total value of a Member’s imports during
1999-2001.’
Anti Concentration Clause on
Flexibilities
The flexibilities provision
could be used by developing countries to group
theirsensitive tariff lines under specific NAMA
product groups. With a view tosafeguarding against
such a possibility, it was agreed in the Framework
Agreement of8th July 2004 that flexibilities could
not be used to exclude entire HS Chapters.This
clause is also known as the Anti-concentration
Clause since the
clause prevents a developing country from
concentrating its flexibilities under a specific
HS Chapter.
During the WTO Mini Ministerial
Meeting from 21-29 July, 2008, the informal text
on 25 July, 2008 proposed a three tiered
coefficient linked to flexibilities for developing
countries as under:
|
Coefficient |
Flexibilities |
|
20
|
apply at least half the formula cuts on
14% tariff lines subjectto not exceeding
16% of 1999-2001imports; or keep, as
anexception, tariff lines unbound, or
not applyformula cuts on6.5% tariff
lines subject to not exceeding 7.5% of
1999-2001imports
|
|
22
|
apply at least half the formula cuts on
10% tariff lines subjectto not exceeding
10% of 1999-2001imports; or keep, as
anexception, tariff lines unbound, or
not apply formula cuts on5% tariff lines
subject to not exceeding 5% of
1999-2001imports
|
|
25
|
No flexibilities
|
The Anti-concentration Clause
for flexibilities mandated that a minimum of
either 20% NAMA lines or 9% of the imports within
an HS Chapter must take the full formula cuts. For
the tariff lines bound at 40%, the final bound
rates would be in the range of 13.3% to 14.2%
depending on whether the Swiss coefficient was 20
or 22 respectively.
(c) Sectoral Initiatives
Sectoral Initiatives refer to
the proposals for the elimination of customs
tariffs in specific NAMA sectors by WTO Members
who comprise a specific percentage of total trade
in that sector (also known as the critical mass).
Sectoral initiatives allow members to focus on
specific sectors of their interest and ensure
greater market opening than that achieved through
the formula approach.
The December, 2005 Hong Kong
Ministerial Declaration states that participation
in sectoral initiatives should be on a non
mandatory basis. However, developed countries have
highlighted the importance of large developing
countries like India joining sectoral initiatives.
In the NAMA text of 6 December,
2008, 14 sectoral proposals are annexed to the
draft modalities which includes automotive and
related parts; bicycle and related parts;
chemicals; electronics/ electrical products; fish
and fish products; forest products; gems and
jewellery; hand tools; enhanced healthcare;
industrial machinery; raw materials; sports
equipment; textiles clothing and footwear; and
toys. In terms of the number of proponents, the
sectoral initiatives on chemicals, industrial
machinery and electrical/ electronics have the
maximum support. The new text spells out that
participation in sectoral initiatives is on a non
mandatory basis without pre-judging the outcome.
Further, specified group of countries are to agree
to participate on a self-identified basis in
negotiating the terms of sectoral tariff
initiatives, with a view to making them viable.
During the subsequent
negotiations, United States and some other
developed countries have been insisting that large
developing countries

Union Minister of Commerce and
Industry, Shri Anand Sharma with the Ministers and
Delegates at the “Ministerial Meeting on Re-energising
Doha: A Commitment to Development”,
in New Delhi on September 04, 2009
like Brazil, China and India participate in sectoral
initiatives of their interest namely chemicals, industrial machinery, health
care products (medical devices), electrical and electronics .
(d) Non-tariff barriers
Non Tariff Measures (NTMs) refer to those measures on
international trade that are not in the form of a tariff or a tax. These
measures include trade related procedures such as documentation, certification
and inspections; technical regulations; standards; import related measures
such as restrictions, prohibitions, seasonal duties; tariff rate quotas;
foreign exchange controls including artificial exchange rates; public
procurement practices etc. Certain NTMs such as imposition of anti-dumping and
safeguard duties do have the effect of imposition of tariffs. Of course,
countries tend to impose some restrictions on imports that some measures are
intended to protect human, animal and plant life and health. These are known
as Sanitary and Phytosanitary (SPS) measures. Non Tariff Barriers (NTBs) are a
sub-set of NTMs. NTBs are considered unfair measures discriminating against
imports and therefore violative of the obligations under the Agreements of the
WTO.
The NAMA negotiations focussed on the listing of NTBs by
countries. Subsequently, the Negotiating Group went into text based
negotiations on various proposals. In the draft NAMA modalities of 6th
December, 2008, there were 13 NTB textual proposals listed in Annex 5. These
are as follows:
i. Horizontal proposals (those related across sectors)
-
Ministerial
Decision on Procedures for the Facilitation of Solutions to Non-Tariff
Barriers (known as the Horizontal Mechanism)
-
Decision
on the elimination of Non-Tariff Barriers imposed as unilateral trade
measures
-
Ministerial
Decision on Trade in Remanufactured Goods
ii. Vertical proposals (related to specific sectors)
iii. Export related proposals
-
Revised
submission on Export Taxes
-
Protocol
on Transparency in Export Licensing to the General Agreement on Tariffs
and Trade 1994
-
TBT
(Technical Barriers to Trade) related proposals
-
Understanding
on the Interpretation of the Agreement on Technical Barriers to Trade as
Applied to Trade in Fireworks
-
Understanding
on the Interpretation of the Agreement on Technical Barriers to Trade as
Applied to Trade in Lighter Products
-
Understanding
on the Interpretation of the Agreement on Technical Barriers to Trade as
Applied to Trade in Electronics
-
Decision
on non-tariff barriers affecting forestry products used in building
construction
-
Agreement
on Non-Tariff Barriers Pertaining to the Electrical Safety and
Electromagnetic Compatibility (EMC) of Electronic Goods
-
Negotiating Proposal on Non-Tariff Barriers in the
Chemical Products and Substances Sector
|
Box 9.3
NTM related proposals under intense discussion at WTO |
This
Horizontal Mechanism was originally mooted by the NAMA 11 (of which
India is a Member) and European Communities (EC) with the support of
more than 100 Members namely the African Group, Canada, LDCs, New
Zealand, Norway, Pakistan and Switzerland. The Mechanism is an
informal dispute resolution mechanism that explores trade solutions
without affecting the rights and obligations under the WTO Agreements.
It operates through the existing WTO Committee’s, takes the help of
an expert in the respective field and enables faster and more
economical resolution of NTBs especially those on products of export
interest for developing countries.
Ministerial Decision on Trade in Remanufactured
Goods: The salient features of the proposal driven by the US are
that it seeks to enhance market access opportunities for
remanufactured goods, it seeks a review of the non tariff measures on
importation of remanufactured goods so that they are in compliance
with multilateral obligations and putting in place an institutional
framework for consultations as well as discussing progress in
reduction or elimination of non tariff barriers on remanufactured
goods.
TBT related proposals: Nine out of the 14 NTB
proposals are vertical in nature relating to specific NAMA sectors.
They would also have a legal relationship with the Agreement on
Technical Barriers to Trade (TBT Agreement) and would affect some of
the provisions of the latter. It was in this context that India took a
decision to seek a horizontal solution to specific NTB in NAMA sectors
while retaining some elements of the vertical solutions wherever it
was applicable. This was to ensure that specific carve outs for
sectors did not create a cobweb of provisions that could otherwise be
addressed through a horizontal treatment. The EC later joined India
and a joint submission on a “Framework for Industry Specific
proposals” was made in September, 2009. Work is now going on to
convert this into a negotiating text.
|
-
Understanding
on the Interpretation of the Agreement on Technical Barriers to Trade with
respect to the Labelling of Textiles, Clothing, Footwear, and Travel Goods
-
Agreement
on NTBs pertaining to standards, technical regulations and conformity
assessment procedures for automotive products.
While listing these 13 proposals, the NAMA text states that
7 of the proposals merit particular attention which includes the proposals on
the horizontal mechanism; remanufactured goods; TBT proposals on electronics
(2 in number); vertical proposals on automotives; labelling in textiles,
clothing, footwear and travel goods; and chemical products. Subsequently, the
EC came out with its proposal on automobiles thereby putting 14 NTB proposals
on the table.
(e) Preference Erosion
An issue affecting smaller developing countries is the
erosion of their market access dueto the reduction in MFN tariff levels. All
developed countries have established schemes that allow smaller developing
countries duty free or low duty access for their export products. These
schemes are largely responsible for the export performance of these countries,
despite their lack of a general competitive industry. To allow these
|
Box 9.4 |
|
Duty Free Tariff Preference Scheme For LDCs |
|
|
-
The DFTP
Scheme provides for: Duty-free market access on 85% of India’s
total tariff lines to be implemented over a 5 year period with 20%
cut in each year; Margins of preference (MOP) on 9% tariff lines –
the MOP would come into force from the date the Scheme becomes
effective; an Exclusion List of 6% of India’s total tariff lines;
preferential market access on tariff lines that comprise 92.5% of
global exports of all LDCs; products of immediate interest to Africa
which are covered include cotton, cocoa, aluminium ores, copper
ores, cashew nuts, cane-sugar, ready-made garments, fish fillets and
non-industrial diamonds.
|
-
The Scheme is
open to all 49 LDC members including 33 LDCs in Africa. The Scheme
provides that in order to avail benefits under this Scheme,
individual LDC members submit a Letter of Intent to the Government
of India. The Scheme further provides that in order to enjoy tariff
preference, the beneficiary country submits a Certificate of Origin
along with the consignment.
|
|
|
-
As on
November, 2009; 21 LDCs (Bangladesh, Benin, Burkina Faso, Cambodia,
Eritrea, Ethiopia, Gambia, Lao PDR, Lesotho, Madagascar, Maldives,
Malawi, Mali, Mozambique, Myanmar, Rwanda, Samoa, Senegal, Sudan,
Tanzania and Uganda) have submitted letters of intent. 19 of these
LDC’s (except Bangladesh and Maldives), have already been notified
as beneficiary countries through Customs notifications issued by
Department of Revenue. However, only 11 LDCs (Benin, Burkina Faso,
Cambodia, Ethiopia, Lao PDR, Malawi, Maldives, Myanmar, Senegal,
Tanzania and Uganda) have submitted details of agencies which would
be responsible for issuing Certificates of Origin as required under
the Scheme. The Scheme has been fully operationalised for these 11
LDCs.
|
small developing countries time to restructure and improve
their competitiveness, developed countries will be granted a longer period to
phase in their tariff commitments on such products. On the other hand, there
is also recognition that some developing countries would be disproportionately
affected since some of these affected tariff lines are of export interest to
them. The tariff cuts would be accelerated for these disproportionately
affected countries for the specific lines of export interest for them.
In the NAMA text of 6th December, 2008 57 tariff lines of
the EC and 29 tariff lines of the US have been identified as being affected by
erosion of preferences. Bangladesh, Cambodia, Nepal, Pakistan and Sri Lanka
are listed as countries disproportionately affected.
III. Services
India has been a demander in services. It has also offered
substantial sectoral and modal coverage in its Initial Offer (January, 2004)
and the First Revised Offer (August, 2005) of the ongoing Services
negotiation. At the Signalling Conference (July 2008) some further
improvements were also conveyed. However, our offers / signals are conditional
on receiving satisfaction in respect of our Modes 1/2 and Mode 4 requests.
As a part of the plurilateral (where more than two
countries are involved) process, 22 plurilateral groups have been formed at
the WTO in service sectors/modes. India has received plurilateral requests for
greater liberalisation in 14 different services sectors, including Telecom,
Finance, Maritime, Environment, Education, Air Transport, Energy, Audio Visual
and Retail. India is the coordinator of the plurilateral requests on Mode 1
(cross border supply) and Mode 4 (Movement of Natural Persons) - the core
areas of its interest on the services negotiations. India is also a co-sponsor
of plurilateral requests on Computer and Related Services (CRS) and
Architectural, Engineering and Integrated Engineering Services.
India has received Requests for liberalisation of services
from 27 countries. These Requests coverall the major service sectors such as
express delivery services, telecommunication services, audio visual services,
financial services, distribution services, legal services, energy services,
environmental services etc. and are in all modes of supply of service. The
core interest of most of India’s trading partners, as evident from their
requests, is in Mode 3, in which the request is either for binding the
presently applicable FDI policy, or for offering a more liberal policy than is
currently prevailing or for opening up new sectors. Negotiations are ongoing
and it is India’s endeavour to maximize gains in respect of Modes 1 and 2
and Mode 4 requests.

Union Minister of Commerce and
Industry, Shri Anand Sharma addressing the Plenary
Session of WTO Ministerial Conference, in Geneva on
November 30, 2009.
One of the areas of crucial interest to India is
development of disciplines in Domestic Regulations involving qualifications
and licensing requirements and procedures, without which Mode 4 access gets
severely impeded. Negotiations on this subject are proceeding on the basis of
the Chairman’s text of March 2009. Development of disciplines on Domestic
Regulations is a very crucial area of negotiations, since as per the Hong Kong
Ministerial Declaration members should develop disciplines on domestic
regulation pursuant to the mandate under Article VI: 4 of the GATS, before the
end of the current round of negotiations.
In order to take the negotiations forward, a fresh round of
Offers would need to be tabled at the WTO by Member countries. A timeline for
the submission of the Second Revised Offers in Services would be decided after
a breakthrough is achieved in Agriculture and NAMA. An ambitious outcome in
Services has to be an essential part of any breakthrough package. India has
stated repeatedly that any future work in Services must be anchored in Annex C
of the Hong Kong Ministerial Declaration. Members need to spell out clearly
how they intend to meet the modal objectives outlined in Annex C. In
particular, developed countries need to provide clear signals of market
openings in sectors and modes of interest to developing countries,
particularly in Modes 1 and 4.
India continued to participate sincerely in all bilateral/plurilateral
meetings through 2009. India has also actively participated in the Services
Clusters held in March, April, June, October, November and December of 2009
and February, 2010. In these meetings bilateral discussions have also been
held with our important trading partners on market access issues. The Domestic
Regulation Text is also being discussed in detail at the WPDR. India is
actively participating in these discussions as disciplining of DR is our key
area of interest.
Unlike agriculture and NAMA where modalities are yet to be
finalized, in Services the modalities have been agreed upon. Members need to
finalize their schedule of commitments, which are linked to the outcome of
Agriculture and NAMA negotiations. As and when these are finalized, the
process of services negotiations would also move for conclusion under the
current round.
|
Box 9.5
India’s major interests in Services |
|
|
|
|
IV. Rules negotiations
As per the mandate of the Doha Declaration in para 28,
Members are engaged in negotiations aimed at clarifying and improving
disciplines under the Anti Dumping Agreement and the Agreement on Subsidies
and Countervailing Measures (ASCM), while preserving the basic concepts,
principles and effectiveness of these agreements and their instruments and
objectives.
The Chair of the Negotiating Group on Rules (NGR) had
issued first draft texts of the Anti dumping Agreement and the Subsidies and
Countervailing Measures Agreement including the fisheries subsidies on 30
November 2007. The draft text had several elements which did not reflect
consensus views of Members. In Anti Dumping Agreement such issues are: the
prohibition on use of zeroing in dumping margin calculations, strengthening
the sunset review provisions, new rules on anti circumvention, non-attribution
analysis for causal link, lesser duty rule, public interest examination, etc.
In the Subsidies Agreement, the amendments proposed by the Chair included
those relating to interpretation of benefit conferred and specificity of a
subsidy, provision of goods or services at regulated prices, certain financing
by loss making institutions, provisions relating to export credits and market
benchmarks, etc.
The Chair issued new draft texts on 18th December 2008 on
Rules negotiations wherein he identified issues where there is considerable
disagreement among Members in the Anti dumping and Subsidies Agreements.
During the current year, the Chair continued the negotiations on his revised
texts by holding discussions on identified topics in Anti Dumping Agreement
and the Subsidies Agreement (ASCM) under three broad categories viz. (a)
topics in the Chair’s unbracketed text, (b) topics in the Chair’s
bracketed text and (c) unaddressed issues.
India has been asking for strengthening of rules in Anti
Dumping so as to prohibit the use of zeroing in dumping margin calculation,
strengthening of the Rules for Conduct of sunset reviews including automatic
sunset after certain agreed period. India had also moved proposal for
mandatory application of lesser duty. In the Subsidies Agreement, India has
not been supportive of proposals to expand the prohibited subsidies with a
view to retain the policy space for the development objectives of the national
economic policy. In view of these considerations, India did not support the
proposal related to using external bench marks for calculation of subsidies in
the case of inputs provided at regulated prices.
In Fisheries Subsidies, the Chair’s text of 30th November
2007 prescribed several unwarranted conditions for availing the Special and
Differential (S&D) treatment by the developing countries. India has been
seeking effective S&D treatment for the developing countries in the light
of employment and livelihood concerns for small, artisanal fishing communities
and for retaining sufficient policy space to enable us to develop our
fisheries infrastructure. India along with Indonesia and China proposed
revised fisheries subsidies text in the papers submitted to the Negotiating
Group of Rules (NGR) in April and May 2008.
The Chair did not table a revised text in fisheries
subsidies but instead suggested a road map for further discussions on the
identified issues. During the current year, the Chair held discussions in the
NGR on the questions posed in the road map on the main elements of fisheries
subsidies text viz. subsidies covered by the prohibited list, general
exceptions, special and differential treatment to developing countries,
general disciplines, fisheries management, transparency (notification
requirements), dispute settlement, implementation and transition rules. India
maintained its position to safeguard the interests of fish workers in the
coastal regions as well as to encourage fishing operations in the EEZ and
keeping in view this objective sought exception from prohibition of subsidies
meant to support the fishing operations in coastal regions and EEZ.
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Box 9.6
India’s stand on Rules Negotiations |
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India is
seeking effective special and differential treatment (S&D) for
the developing countries in the new disciplines on fisheries
subsidies, particularly in the light of employment and livelihood
concerns for small, artisanal fishing communities and for retaining
sufficient “policy space” so as to enable it to develop its
infrastructure.
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V. TRIPS
Related Issues
Trips -
CBD
India and other developing countries have been raising the
issue of protection of traditional knowledge and the relationship between the
Convention on Bio-Diversity (CBD) and the TRIPS Agreement for the last few
years in the WTO. India had submitted a proposal (IP/C/W/474 dated 5th July
2006) to amend the TRIPS agreement by incorporating a new provision, Article
29 bis that would make it mandatory for patent applicants to disclose the use
of any biological resources or associated traditional knowledge (TK) in their
invention. The thrust areas of the Disclosure Groups proposal (comprising of
Brazil, China, Colombia, Cuba, India, Pakistan, Peru, Thailand and Tanzania)
are:
-
Source
and country of origin of the biological resource and of the traditional
knowledge used in the invention should be disclosed,
-
Evidence
of prior informed consent (PIC) under the relevant national regime to be
furnished,
-
Evidence
of benefit sharing (BS) under the relevant national regime to be
furnished.
There have been discussions on the proposals submitted in
this regard by various countries including India. While some countries have
expressed support for the Disclosure Group’s Proposal, some developed
countries have strongly opposed the proposal and, in general, the idea of a
disclosure amendment to the TRIPS Agreement. Their argument is that a new
disclosure requirement would not help prevent the issuance of “bad”
patents that incorporate genetic resources without proper recognition of the
source or access agreements. The disclosure proposal is also viewed as being
burdensome in terms of procedures and costs on patent offices.
Geographical Indications (GI) Extension
The “Friends of GIs Group” (India, Switzerland, the EC,
Sri Lanka, etc.) have been demanding the removal of the disparity between two
different levels of protection for GIs (one, for wines and spirits, and other
for all other products). They have been demanding an expansion of the scope of
protection available under Article 23 of the TRIPS Agreement to products other
than wines and spirits also. The basic idea behind seeking extension of
Article 23 protection to all other products is that GIs can be used to promote
the export of valuable products and prevent misappropriation.
GI Register
Informal consultations are also
taking place at the WTO on the issues around the GI
Register. In 2007, the EC had proposed a new
proposal on GIs. In these discussions, India has
emphasized on the strong linkage between the issues
of GIs and CBD.
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Box 9.7
India’s Stand on Geographical Indications (GI) |
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Present State of Play
During 2008 there has been a significant change in dynamics
in TRIPS related issues. Around 110 countries including India, EC, Albania,
Brazil, China, Colombia, Ecuador, the European Communities, Iceland, India,
Indonesia, the Kyrgyz Republic, Liechtenstein, the former Yugoslav Republic of
Macedonia, Pakistan, Peru, Sri Lanka, Switzerland, Thailand, Turkey, the ACP
Group and the African Group have filed modalities text on the three TRIPS
issues (TN/C/W/52) on July 19, 2008.
Key elements of the draft modalities text on disclosure
incorporate a TRIPS Amendment to include a mandatory disclosure requirement of
country providing/source and defining the details of Prior Informed Consent (PIC)
and Access and Benefit Sharing (ABS) later on. While pre-grant sanction has
been included, post grant legal effects will be discussed later. On GI
Extension, of which India has been one of the old proponents, the text calls
for extending higher level of protection (currently available to only wines
and spirits,) to all products. There is a window for including these items in
the GI Register, if GI extension is agreed to.
Para 6 System
Paragraph 6 of Doha Declaration on TRIPS Agreement and
Public Health had recognized that some WTO members with insufficient/no
manufacturing capacities in the pharmaceutical sector could face difficulties
in making effective use of compulsory licensing available under the TRIPS
Agreement for accessing affordable medicines. To overcome such difficulties,
WTO has in August 2003 devised a system (known as Para 6 system) for such
members under which a compulsory license can be issued either by an eligible
exporting country or by an eligible importing country to export/import
required quantities of medicines in order to meet a public health problem
under certain conditions. However, the system has been used only once in the
last 6 years in Canada-Rwanda case and it took three years to complete it. In
order to identify problems in the operationalisation of Para 6 system, an
informal consultation was held in WTO on 12.2. 2010 on a specific request from
India, Brazil, China and African group. Members shared their experiences and
agreed to hold a workshop on this issue later in the year so that bottlenecks
in the operationalisation of Para 6 system are identified and addressed.
VI. Trade and Environment
The Doha Ministerial Declaration had provided a negotiating
mandate on certain issues relating to trade and the environment. On the
important issue of identifying environmental goods and services, the developed
countries had submitted a list of environmental goods. The list focuses only
on goods, and does not address the issue of environmental services. Moreover,
most of the goods in the “list” have dual or multiple uses and cannot be
justified as pure environmental goods.
India has submitted an alternative approach, called the “Environmental
Project Approach” which clearly identifies environmental benefits and
eliminates, or at least reduces, benefits from accruing to dual or multiple
use products. It brings in, synergy between environmental goods and services,
and by linking tariff concessions to a particular project, mitigates the
apprehensions caused by the “list” approach, of misuse. The approach has
been supported by some developing countries. India and Argentina have recently
submitted an integrated {Job (07)/77} approach on 6th June, 2007 essentially
keeping the essence of the project approach along with an element of the list
approach, which has received the support of some countries.
Present State of Play
The present status of the negotiation in the WTO is that in
July 2008 members have been requested to prepare a work plan and make
submission on environmental goods of interest to them identified across as
many categories as possible; and submit a list of environmental goods
exchanged with the other members under request/offer approach. Members have
also been requested to submit concrete proposals on cross cutting issues such
as technical assistance, capacity building, S&D treatment and transfer of
technology.
In the meeting of Committee of Trade on Environment Special
Session held on 19th November 2009, the developed countries and supporters of
convergence list tried to justify their proposal on the ground that the list
proposed by them is not exhaustive and should be taken as starting point for
the discussion. The list includes the products that are critical for giving
effect to environmental projects. Lately, Saudi Arabia, Philippines and Japan
have come up with their own list of environment goods.
Developing countries including India opposed the list
approach on the ground of dual use by giving specific HS code wise examples of
dual use. The developed countries have not been able to counter this issue and
rather want the developing countries to identify the single use environmental
goods in the list.
Developing countries including India also raised the
related issue such as issue of special and differential treatment, final
tariff reduction, transitional period, NTB reduction and Transfer of
Technology, etc. India stressed on triple win goal – environment,
development and trade. Countries such as China, Brazil, South Africa etc
supported India’s viewpoint that transfer of technology would increase the
capacity of developing countries for market access in environment goods.
VII. Disputes in the WTO and negotiations under the Dispute
Settlement Understanding (DSU)
Dispute Settlement is the central pillar of the rules based
multilateral trading system and the WTO’s unique contribution to the
stability of the global economy. It underscores the rule of law and makes the
trading system more secure and predictable. The salient features of the system
are:
-
It
is based on clearly-defined rules,
-
There
are timelines for completing a case,
-
Provisions
exist for consultations, good offices, conciliation and mediation.
-
Rulings
are first made by a panel and endorsed (or rejected) by the WTO’s full
membership.
-
Appeals
based on points of law are possible.
As per the mandate of the Doha Declaration, the WTO Members
are engaged in negotiations aimed at improvements and clarifications of the
Dispute Settlement Understanding (DSU). The negotiations are taking place in
the Special Session of the Dispute Settlement Body (DSB). The discussions in
the Special Session are primarily based on Members’ experience with the
Dispute Settlement System and efforts by Members to develop areas of
convergence, while maintaining the respective policy objectives. India and
other developing countries have been reiterating their objective for a
development oriented review of the Dispute Settlement Procedures under the
Doha Development Agenda (DDA).
Keeping this objective into account India by bringing many
developing countries on board is negotiating important reforms like the
Litigation costs to mitigate the rising transaction costs of settling the WTO
Disputes, S&D changes in the process to make the system more inclusive,
and cross retaliation that allows the developing countries to retaliate in any
sector/Agreement against the losing developed country, in the WTO self
enforcing dispute settlement decisions. India and other developing countries
could successfully convince the Chairman of the Special Session
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Box 9.8
India and the DSU |
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During the year under Review, India sought
consultations with EC with respect to its Expiry Reviews of
Anti-Dumping and Countervailing Duties imposed on Imports of PET
(Polyethylene Terephthalate) from India. Under the WTO Anti-dumping
(ADA) and Subsidies Agreements, the anti-dumping and countervailing
duties imposed in the original investigation shall be terminated on
a date not later than 5 years from the date of imposition and the
expiry review, if any, is to be initiated before expiry of such
antidumping or countervailing duties. The EC failed to comply with
this requirement and delayed in initiating the expiry reviews, which
is incompatible with EC’s WTO obligations. Consultations were held
in April 2009. India is reviewing the next course of action.
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-
The EC has sought consultations under the DSU of
the WTO in the dispute DS 380. The EC has complained regarding the
alleged discriminatory taxation measures of some of the State
Governments of Maharashtra, Tamil Nadu, Goa, Karnataka, Andhra
Pradesh and the NCT of Delhi on imports of wines and spirits into
India. In respect of the States of Tamil Nadu and Andhra Pradesh,
the EC has also complained regarding the alleged discriminatory
procurement and sales policy in respect of imported wines and
spirits. Both India and the EC have held several rounds of
consultations. India has explained the policy objectives of these
measures and expressed readiness to continue dialogue with the EC on
these issues. The next round of consultations recently sought by the
EC is likely to be held in February 2010.
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DS
379 – US - Definitive anti dumping and countervailing duties on
certain products (complainant: China).
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DS 384 - US -Country of Origin Requirement- The
labelling requirement program to notify country of origin of meat
and meat products, and agricultural commodities introduced under
the 2008 US Farm Bill impose additional costs to the processors,
discouraging the retailers to buy these products from outside.
These measures could be seen as TBT and SPS measures inconsistent
with Member’s WTO obligations.
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DS
391 – Korea - Measures affecting the importation of Bovine meat
and meat products (complainant: Canada).
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DS
394 – China - Measures related to exportation of various raw
materials (complainant: US). China imposes certain quantitative
restrictions, export duties including the requirement of prior
experience for export of raw materials like Bauxite, Yellow
Phosphorous, Coke and Zinc. These measures are challenged by WTO
Members under Art. VIII, X and XI of GATT and China’s Protocol
of Accession.
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to reflect these proposals in the
draft Legal Text of July 2008. This text is the
basis for the current round of discussions among the
Members. The Chair also reported progress made in
the negotiations on various issues such as Third
party rights, Panel composition, Remand, Mutually
agreed solutions, Strictly confidential information,
Sequencing, Post retaliation, Transparency and
amicus curiae briefs, Time frames, Developing
country interests, and Member control and Effective
compliance).
Economic and Social Commission for Asia and the Pacific
(ESCAP)
India is one of the founding members of ESCAP, the regional
development arm of the United Nations, which serves as the main economic and
social development center for the United Nations in Asia and the Pacific. Its
mandate is to foster cooperation between its 53 members and 9 associate
members. ESCAP provides the strategic link between global and country-level
programmes and issues. It supports Governments of the region in consolidating
regional positions and advocates regional approaches to meet the region’s
unique socio-economic challenges in a globalizing world. The major areas of
work of ESCAP include:
.
Macroeconomic Policy and Development
.
Trade and Investment
.
Transport
.
Environment and Development
.
Information and Communications Technology and Disaster Risk Reduction
.
Social Development
.
Statistics
.
Sub-regional activities for development
The 65th Annual Session of ESCAP was held in Bangkok,
Thailand from 23-29 April, 2009. The theme topic for the Session was “Sustainable
Agriculture and Food Security in Asia and the Pacific”.
United Nations Conference on Trade and Development (UNCTAD)
United Nations Conference on Trade and Development (UNCTAD)
aims at integration of developing countries into the world economy. UNCTAD
serves as the focal point within United Nation for the integrated treatment of
trade and development and the interrelated issues in the areas of finance,
technology, investment and sustainable development. Three pillars of UNCTAD’s
existing mandate are: a) independent policy analysis; b) consensus building;
and c) technical assistance.
The Ministerial Conference, which meets every four years,
is UNCTAD’s highest decision making body and sets priorities and guidelines
for the
organization and provides an opportunity to debate and
evolve policy consensus on key economic and development issues. The UNCTAD XII
Ministerial Conference Meeting was held in Accra, Ghana from 20 - 25 April,
2008. The Indian delegation was led by the Commerce & Industry Minister (CIM).
The UNCTAD XII Ministerial Conference included the High-level Segment Meeting
which discussed the issue of “Trade and Development for Africa’s
Prosperity”. This meeting was attended by several Heads of State/
Governments. CIM addressed the High Level Segment and utilized this
opportunity in highlighting the benefits of the Duty Free Tariff Preference (DFTP)
Scheme, which was announced by the PM during the India - Africa Forum Summit
in New Delhi in May 2008.
The theme of UNCTAD XII was “Addressing the Opportunities
and Challenges of Globalization for Development”. The CIM participated in
the General Debate of UNCTAD XII, which was held on 22nd April, 2008. CIM’s
intervention focused largely on India - Africa relationship (as UNCTAD XII
Meeting was held in Africa), status of current Doha Round trade talks and the
relevance of UNCTAD in the present globalized world. The CIM held meetings
with more than ten African Heads of State/Government and discussed the issues
of bilateral trade and economic cooperation and increasing technical
cooperation with Africa.
Global System of Trade Preferences (GSTP)
The Agreement establishing the Global System of Trade
Preferences (GSTP) among Developing countries was signed on April 13, 1988 at
Belgrade following the conclusion of the First Round of Negotiations. The GSTP
came into being after a long process of negotiations during the Ministerial
Meeting of the Group of 77, notably at Mexico City in 1976, Arusha in 1979 and
Caracas in 1981. The Ministers of Foreign Affairs of the Group of 77 in New
York set up the GSTP Negotiating Committee in 1982. The New Delhi Ministerial
meetings, held in July 1985, gave further impetus to the GSTP negotiation
process. The Brasilia Ministerial Meeting held in May 1986 launched the First
Round of GSTP Negotiations. At the conclusion of the First Round in April 1988
in Belgrade, the GSTP Agreement was signed on April 13, 1988 it entered into
force on 19th April 1989. Forty-four countries have ratified the Agreement and
have become participants. The GSTP establishes a framework for the exchange of
trade concessions among the members of the Group of 77. It lays down rules,
principles and procedures for conduct of negotiations and for implementation
of the results of the negotiations. The coverage of the GSTP extends to
arrangements in the area of tariffs, para-tariff, non-tariff measures, direct
trade measures including medium and long-term contracts and sectoral
agreements. One of the basic principles of the Agreement is that it is to be
negotiated step by step improved upon and extended in successive stages
The Third Round of GSTP Negotiations was launched during
the Special Ministerial Session at Sao Paolo, Brazil on June 16, 2004 with the
aim of invigorating and furthering the objectives of the Agreement through
adoption of a package of substantial trade liberalization commitments on the
basis of a mutuality of advantages in such a way as to benefit all
Participants
A Special Ministerial Session of the GSTP Negotiating
Committee was held in Geneva on December 2, 2009. Shri Anand Sharma, Hon’ble
Minister for Commerce and Industry participated in the Ministerial. The
Ministers adopted the modalities for tariff concessions under the Third Round
of Negotiations also fixed a time-line of end-May 2010 for Participants to
exchange their offers and September 30, 2010 for finalization of the schedules
of concessions.
Asia Pacific Trade Agreement (APTA)
The Asia-Pacific Trade Agreement (APTA), previously named
the Bangkok Agreement, signed in 1975 as an initiative of ESCAP, is a
preferential tariff arrangement that aims at promoting intra-regional trade
through exchange of mutually agreed concessions by member countries. APTA has
six members namely Bangladesh, China, India, Republic of Korea, Lao People’s
Democratic Republic and Sri Lanka. ESCAP functions as the secretariat for the
Agreement.
During the Second Session of the Ministerial Council at Goa
on October 26, 2007 the following important decisions were taken:
-
To
launch the 4th Round of Negotiations
-
To
adopt modalities for extension of negotiations in other areas such as
non-tariff measures, trade facilitation, services, and investment
-
A
common set of Operational Procedures for the Certificate and Verification
of the Origin of Goods for APTA was approved and it was decided that the
same would be implemented w.e.f. January 1, 2008; and
-
To
explore the possibilities of expanding the membership of the Agreement.
To move forward the 4th Round of Negotiations, the 3rd
Session of the Ministerial Council and the 35th Session of the Standing
Committee were held in Seoul, Republic of Korea on December 15, 2009 and
December 13 – 14, 2009 respectively. The Indian delegation was led by Shri
Jyotiraditya M. Scindia, Hon’ble Minister of State for Commerce and
Industry.
Bay of Bengal Initiative on Multi-Sectoral Technical and
Economic Cooperation (BIMSTEC)
The initiative to establish Bangladesh-India-Sri
Lanka-Thailand Economic Cooperation (BIST-EC) was taken by Thailand in 1994 to
explore economic cooperation on a sub regional basis involving contiguous
countries of South East & South Asia grouped around the Bay of Bengal.
Myanmar was admitted in December, 1997 and the initiative was renamed as BIMST-EC.
It may be mentioned that the initiative involves 3 members of SAARC (India,
Bangladesh & Sri Lanka) and 2 members of ASEAN (Thailand, Myanmar). BIMST-EC
is visualized as a ‘bridging link’ between two major regional groupings
i.e. ASEAN and SAARC. BIMST-EC is an important element in India’s “Look
East” strategy and adds a new dimension to our economic cooperation with
South East Asian countries.
A Free Trade Agreement between the member states of BIMSTEC
is being negotiated. The BIMSTEC Trade Negotiating Committee (TNC) has had 18
sessions of negotiations. The negotiations are spread over the areas of (i)
tariff concessions on trade in goods, (ii) customs cooperation, (iii) services
and (iv) investments. At the 18th meeting of the TNC parties reached agreement
on the text of the Agreement on Trade in Goods as well as the text of the
Rules of Origin and the Operational Certification Procedures. Negotiations
continue on finalizing the schedules of concessions and on the agreements on
services and investment. |