China’s Unfolding FTA Strategy

The Chinese currently have 12 free trade agreements (FTAs) in place (listed below).  Many of these agreements are with relatively minor players (with all due respect to countries like Costa Rica, Iceland, Chile and New Zealand).  More recent agreements, between China and Australia and China and South Korea, are more substantial.

The South Korea-China deal was signed on June 1 and will enter into force once parliaments on both sides ratify the agreement.  The Australian agreement was initialed in November 2014 and is also waiting for the completion of domestic procedures to start implementation.

China was hesitant to join the Asian rush to FTAs.  This was, I would argue, partly because it was a late entrant to the World Trade Organization (WTO).  As a newcomer, China's terms of accession to the WTO were quite challenging.  China was required, for example, to drop tariffs on nearly all products entering China. 

Further, it was required to create a legal ceiling on the amount of tariffs it can ever charge that is very low relative to many other developing economies.  This has given China less room for maneuver between the ceiling and the amount of tariffs actually charged at the border (in other words, the difference between bound and applied tariffs is very small).  This is certainly true relative to developing economies that joined the GATT/WTO decades ago. 

China also had to quickly get in place the conditions to protect intellectual property rights at the level required by WTO membership.  This included not just establishing and expanding offices to grant patents, but also training patent examiners and setting up a legal system to enforce IP rights.  

Given the size and importance of China's market, other WTO members watched implementation very carefully.  This is not always the case--many smaller developing countries (especially) have uneven implementation of existing commitments, but since the stakes are often not very high for others, these deviations are not of great concern.  Few legal battles will take place over non-implementation of specific rules with smaller countries over limited markets.  But China is a different story entirely--given its size and growing importance to the global economy, non-implementation is a big deal for other members.  Hence China has faced many challenges in the dispute system at the WTO.

Given this recent history, China was reluctant to take on board any additional trade commitments in an FTA. 

However, as more of the global economy is increasingly connected through FTAs, a stance of staying outside these bilateral and regional arrangements became harder to defend.  Even for China, the competitive disadvantage of not getting benefits available to FTA partners in some markets started to look significant.  

Thus, the Chinese government started negotiations with more significant trading partners, like South Korea.  Sixteen percent of Korea's imports were from China and South Korea exported nearly a quarter of their total exports to China.  This meant that a bilateral deal could be a useful foray into this world of more significant trade arrangements.

The headline figures on the China-Korea FTA sound relatively impressive.  For example, the deal contains 17 chapters.  It covers e-commerce (where China and Korea are both extremely strong) and includes some commitments on government procurement.  It lets production out of Kaesong count as covered South Korean products.

The deal promises tariff reductions on 91% of goods trade.  This is not too bad at all.  Except for the details.  It takes 10 years before China will reach tariff reductions on 71% of goods trade.  Once the deal comes into force, it will be a decade before South Korea is supposed to cover 79% of goods trade.  The agreement gives both sides 20 years to reach full implementation of tariff cuts.

Even then, this is actually less impressive than it appears.  It turns out that China and Korea trade quite a bit with one another, but only in very few sectors like autos and auto parts or certain types of agricultural products.  The Chinese import 852 tariff lines worth of products from Korea and Korea, in turn, imports just 637 tariff lines of items from China.  Even after 20 years, it is very likely (and hard to confirm in the absence of the actual text) that many of these tariff lines will be in the 9% of trade excluded from the agreement.

The Australians appear to have received a more ambitious set of outcomes for their key sectors.  For example, important agricultural markets like dairy, beef, sheep, horticulture products, and many processed foods are to be opened with the removal or reduction of tariffs over periods as relatively short as 4 years.  For many manufactured goods and pharmaceutical products, some of the tariffs are reduced on entry into force.  Some of the services market opening into China is quite helpful, including openings for Australian financial, telecommunications, and construction services. 

The China-Australia FTA also includes a framework for e-commerce, and put into place plans for future negotiations on government procurement. 

Note however, that some of these pledges with both parties could also be revisited in the ongoing Regional Comprehensive Economic Partnership (RCEP) talks that include both South Korea and Australia.  The level of commitments in areas like e-commerce could potentially be more significant in this megaregional trade agreement than in the bilateral deals.

If you want to see whether China is serious about opening up its market to greater competition, I think there are two things to watch.  First, are the continuing developments in the Shanghai Free Trade Zone.  This was deliberately set up as a test bed for further liberalization.  But businesses have, generally, been very disappointed with the results.  The restrictions on coverage and small geographical size has meant that companies get relatively few benefits from being in the zone compared with being elsewhere in China (or even in Hong Kong).  Slowly, slowly, the rules around Shanghai are being loosened.  However, if this is intended to be a laboratory, much more will be needed before we can say with confidence that China is prepared to sign on to higher quality, higher standard agreements.

The second development worth watching is the ongoing negotiations with the Americans over the bilateral investment treaty (BIT).  This has lots of potential, as the two sides have agreed to a radical shift in the way China handles inward investment.  Under the BIT, all sectors are meant to be opened for American investment except for those explicitly listed.  The two sides are swapped initial offers in mid-June in Beijing and followed up during the regular US-China Strategic and Economic Dialogue (S&ED) meeting later in the month in Washington.  The next exchange of offers is scheduled for September.

Generally when a country switches to using a negative list, the inclination of government officials is to list every sector and subsector as closed to future investment.  Future negotiations consist of a (probably tedious) process of peeling back and pruning the list to a much more manageable set of highly sensitive sectors that will remain closed.  This suggests that the first exchange of offers is likely to look poor.  Indeed, both sides appear to have emerged from the original meetings expressing disappointment.  But what matters is how rapidly and how extensively future negotiations unfold.  

In any case, for China's market to continue to grow, I would argue that it increasingly needs to make changes in domestic rules and regulations and allow greater competition.  For example, as China's firms are investing heavily in research and development and are trying to make the leap from copying things to inventing things, they will increasingly demand protection of these new ideas.  This will, I would suggest, mean that it is in China's interest to ratchet up its own IP protections.  Doing so in the context of a good trade agreement with other benefits might be easier to get done than a unilateral approach. 

Hence, the signs suggest that more ambitious, higher quality agreements around trade are likely to be coming to China in the near term.  This includes offers in ongoing bilateral and regional agreements, such as RCEP. 

China's Free Trade Agreements

·      China-ASEAN FTA

·      China-Pakistan FTA

·      China-Chile FTA

·      China-New Zealand FTA

·      China-Singapore FTA

·      China-Peru FTA

·      Mainland and Hong Kong Closer Economic and Partnership Arrangement

·      Mainland and Macau Closer Economic and Partnership Arrangement

·      China-Costa Rica FTA

·      China-Iceland FTA

·      China-Switzerland FTA

·      China-Korea FTA

  Free Trade Agreements under Negotiation

·      China-GCC(Gulf Cooperation Council) FTA

·      China-Australia FTA

·      China-Norway FTA

·      China-Japan-Korea FTA

·      Regional Comprehensive Economic Partnership, RCEP

·      China-ASEAN FTA Upgrade Negotiations

·      China-Sri Lanka FTA

***Talking Trade is a blog post written by Deborah Elms, Executive Director, Asian Trade Centre, Singapore***

Talking Trade Blog Recap

After six months, the Talking Trade blog has attracted a growing list of global readers. We thought this would be a good time to recap the set of materials posted during this time, in case you missed them. We very much appreciate your support and, as always, enjoy receiving feedback from you.



DEFEATED AGAIN: UNDERSTANDING THE AMERICAN CONGRESS VOTES ON TRADE
June 13, 2015
http://www.asiantradecentre.org/talkingtrade/2015/6/13/defeated-again-understanding-the-american-congress-votes-on-trade


DRAWING UP GUIDELINES FOR BUSINESS IN RCEP
June 8, 2015
http://www.asiantradecentre.org/talkingtrade/2015/6/8/drawing-up-guidelines-for-business-in-rcep


BATTLE #2: GETTING TRADE PROMOTION AUTHORITY (TPA) THROUGH THE HOUSE
June 3, 2015
http://www.asiantradecentre.org/talkingtrade/2015/6/3/battle-2-getting-trade-promotion-authority-tpa-through-the-house


THE PACIFIC ALLIANCE TURNS 3
May 28, 2015
http://www.asiantradecentre.org/talkingtrade/2015/5/28/the-pacific-alliance-turns-3


WHERE DOES TRADE FIT ON CORPORATE ORGANIZATION CHARTS?
May 26, 2015
http://www.asiantradecentre.org/talkingtrade/2015/5/26/where-does-trade-fit-on-corporate-organization-charts


WHEN BUSINESS SITS AT THE TABLE IN APEC
May 20, 2015
http://www.asiantradecentre.org/talkingtrade/2015/5/20/when-business-sits-at-the-table-in-apec


THE TPA VOTE: THE DAY AMERICA STOPPED LEADING ON TRADE?
May 13, 2015
http://www.asiantradecentre.org/talkingtrade/2015/5/13/the-tpa-vote-the-day-america-stopped-leading-on-trade


USING TRADE DEALS FOR NON-MEMBERS
May 7, 2015
http://www.asiantradecentre.org/talkingtrade/2015/5/7/using-trade-deals-for-non-members



THE OTHER HALF: DEALING WITH U.S.-JAPAN AUTO DISPUTES
May 4, 2015
http://www.asiantradecentre.org/talkingtrade/2015/5/4/the-other-half-dealing-with-us-japan-auto-disputes



WHY IS AGRICULTURE SO DIFFICULT FOR TRADE DEALS?
April 28, 2015
http://www.asiantradecentre.org/talkingtrade/2015/4/28/why-is-agriculture-so-difficult-for-trade-deals


DEFENDING THE INDEFENSIBLE IN TPP
April 24, 2015
http://www.asiantradecentre.org/talkingtrade/2015/4/24/defending-the-indefensible-in-tpp


USING E-COMMERCE TO HELP SMALLER COMPANIES
April 20, 2015
http://www.asiantradecentre.org/talkingtrade/2015/4/20/using-e-commerce-to-help-smaller-companies


GETTING TPA FOR TPP
April 16, 2015
http://www.asiantradecentre.org/talkingtrade/2015/4/16/getting-tpa-for-tpp


THE COSTS OF INEFFICIENT ROAD TRANSPORT
April 14, 2015
http://www.asiantradecentre.org/talkingtrade/2015/4/14/the-costs-of-inefficient-road-transport


RESTORING THE MULTILATERAL TRADING SYSTEM?
April 10, 2015
http://www.asiantradecentre.org/talkingtrade/2015/4/10/restoring-the-multilateral-trading-system


LIVING WITH THE TRANS-PACIFIC PARTNERSHIP (TPP)
April 6, 2015
http://www.asiantradecentre.org/talkingtrade/2015/4/6/living-with-the-trans-pacific-partnership-tpp


FACILITATING TRADE
April 1, 2015
http://www.asiantradecentre.org/talkingtrade/2015/4/1/facilitating-trade


LEGACY OF LEE KUAN YEW
March 26, 2015
http://www.asiantradecentre.org/talkingtrade/2015/3/26/legacy-of-lee-kuan-yew


HOW OREO COULD BECOME BEST FRIENDS WITH THE MARLBORO MAN
March 23, 2015
http://www.asiantradecentre.org/talkingtrade/2015/3/23/how-oreo-could-become-best-friends-with-the-marlboro-man


AN ODE TO LOBBYISTS
March 19, 2015
http://www.asiantradecentre.org/talkingtrade/2015/3/19/an-ode-to-lobbyists


ASEAN ECONOMIC COMMUNITY (AEC): PREPARING FOR DISAPPOINTMENT?
March 16, 2015
http://www.asiantradecentre.org/talkingtrade/2015/3/16/asean-economic-community-aec-preparing-for-disappointment


TRADE BOTTLENECKS: A REVIEW OF ONE DAY IN THE JAKARTA POST
March 13, 2015
http://www.asiantradecentre.org/talkingtrade/2015/3/13/trade-bottlenecks-a-review-of-one-day-in-the-jakarta-post


CREATING THE TPP SECRETARIAT
March 9, 2015
http://www.asiantradecentre.org/talkingtrade/2015/3/9/creating-the-tpp-secretariat


ISDS: A LITTLE BIT OF KNOWLEDGE IS A DANGEROUS THING
March 2, 2015
http://www.asiantradecentre.org/talkingtrade/2015/3/2/isds-a-little-bit-of-knowledge-is-a-dangerous-thing


THE WORLD TRADE ORGANIZATION, OR WHAT HAPPENS WHEN A TREE FALLS AND NO ONE CARES
February 27, 2015
http://www.asiantradecentre.org/talkingtrade/2015/2/27/the-world-trade-organization-or-what-happens-when-a-tree-falls-and-no-one-cares


BLOCKING TRADE WITH A LABEL
February 24, 2015
http://www.asiantradecentre.org/talkingtrade/2015/2/24/blocking-trade-with-a-label


TPP: WAITING FOR GODOT?
February 20, 2015
http://www.asiantradecentre.org/talkingtrade/2015/2/20/tpp-waiting-for-godot


CURRENCY: MANIPULATING AN END TO THE TPP?
February 16, 2015
http://www.asiantradecentre.org/talkingtrade/2015/2/16/currency-manipulating-an-end-to-the-tpp


RCEP: LOW QUALITY, LOW AMBITION BECKONS?
February 12, 2015
http://www.asiantradecentre.org/talkingtrade/2015/2/12/rcep-low-quality-low-ambition-beckons


REGIONAL COMPREHENSIVE ECONOMIC PARTNERSHIP (RCEP): AN ASIAN TRADE
AGREEMENT FOR A VALUE CHAIN WORLD
February 10, 2015
http://www.asiantradecentre.org/talkingtrade/2015/2/10/regional-comprehensive-economic-partnership-rcep-an-asian-trade-agreement-for-a-value-chain-world


THE TTIP PAPER CONUNDRUM: A4 VERSUS US LETTER
February 4, 2015
http://www.asiantradecentre.org/talkingtrade/2015/2/4/the-ttip-paper-conundrum-a4-versus-us-letter


UPDATED UPDATE: PORK, BEEF AND AUTOS
February 2, 2015
http://www.asiantradecentre.org/talkingtrade/2015/2/2/updated-update-pork-beef-and-autos


BEEF, PORK AND BUTTER IN JAPAN: AN UPDATE ON "SACREDS"
January 30, 2015
http://www.asiantradecentre.org/talkingtrade/2015/1/30/beef-pork-and-butter-in-japan-an-update-on-sacreds


TPP: THE IMPORTANCE OF RESOLVING THE “SACRED” MARKET ACCESS ISSUES
January 27, 2015
http://www.asiantradecentre.org/talkingtrade/2015/1/27/tpp-the-importance-of-resolving-the-sacred-market-access-issues


MY "STATE OF THE UNION" IS STRONGER ON TRADE
January 22, 2015
http://www.asiantradecentre.org/talkingtrade/2015/1/22/my-state-of-the-union-is-stronger-on-trade


PROMOTING TRADE: CONGRESS AND THE PASSAGE OF TRADE PROMOTION AUTHORITY (TPA)
January 20, 2015
http://www.asiantradecentre.org/talkingtrade/2015/1/20/promoting-trade-congress-and-the-passage-of-trade-promotion-authority-tpa


TRANSPARENCY, CONGRESS AND THE TPP
January 14, 2015
http://www.asiantradecentre.org/talkingtrade/2015/1/14/transparency-congress-and-the-tpp


NEGOTIATING SECRECY
January 12, 2015
http://www.asiantradecentre.org/talkingtrade/2015/1/12/negotiating-secrecy


UNLEASHING VIETNAM’S TEXTILES
January 8, 2015
http://www.asiantradecentre.org/talkingtrade/2015/1/8/unleashing-vietnams-textiles


2015: A PROMISING YEAR FOR TRADE
January 6, 2015
http://www.asiantradecentre.org/talkingtrade/2015/1/6/2015-a-promising-year-for-trade

Doing the Right Thing When All Else Has Been Tried: Congress Tries TPA Once More

WASHINGTON, DC: This week in Washington, more people than I can count have repeated a quotation attributed to Winston Churchill, “America will do the right thing only when it has tried everything else first.”  We are testing this theory right now on the trade front, as Congress grapples with how to undo the various “procedural snafus” that have bedeviled the votes on Trade Promotion Authority (TPA) and Trade Adjustment Assistance (TAA).

Yesterday, I wrote two different blog posts and had to toss them out and start over again this morning as events have been moving swiftly on the ground here in Washington. 

After the shock defeat of TPA/TAA in the House of Representatives on Friday, many of the folks in the city that care about trade spent the early part of this week trying to figure out a possible solution. 

Congressional leaders have opted for a risky strategy.  The House just passed a “clean” TPA resolution by 218-208.  This bill splits apart TPA from TAA. 

The hope now is that the Senate will re-vote next week on the new House-approved version of TPA.  Assuming the two bills match, TPA can quickly be passed along to the President for signature.

But this is a risky strategy because it requires Democrats in both parts of Congress to vote for TPA without TAA.  They must count on promises that Trade Adjustment will be up for another vote prior to its expiry in September.  Given the low levels of trust in Washington these days and the growing polarization of both parties, this is an interesting gamble. 

The goal is to complete the entire process prior to the July 4th recess in Congress.

Most likely, the chief negotiators for the TPP have shifted existing plans to meet until just after July 4.  They are likely to need two weeks to complete negotiations.  The ministers are likely to be penciled in for mid-July in the hope that they can sign the completed agreement by then (after some furious late nights of bargaining). 

If this near-death experience has had any upside, it may be that it has concentrated minds.  Partner countries and American negotiators will have to think carefully about any further delays in getting the agreement finished.  I believe that officials will be more ready to wrap this deal up than ever before.

Once the agreement is finished, under TPA rules, officials will have 30 days to finish legal scrubbing and any other associated technical details.  Fortunately, English is the official language of the TPP, which will reduce the amount of time needed for translations and the legal work on each translated version.

The document will then be published for 60 days before the President and other leaders can sign the agreement.  Hence, if all the deadlines line up, it is just barely possible to imagine the TPP finished and signed off in or around the next APEC Leader’s Meeting in Manila in mid-November. 

Given the issues around getting trade agreements through Congress, officials across government will be feverishly working to get any necessary implementing legislation worked out during the TPA review window period.  This ought to allow a Congressional vote on the TPP—just barely—by the end of this year.  

Hence, the TPP can still be completed in 2015.  (But note that entry into force will still be some distance away, likely in 2017, as countries will require some time to bring domestic rules and regulations into compliance with TPP rules.)

But what if the agreement is not done this year?  I have heard two opposite and distinct arguments about 2017.

First, lots of people here have suggested that approval of TPP should just be postponed until after the next president is in office in January 2017.

I believe this is deeply problematic. For starters, the lineup of participating countries in the TPP could be radically different by January 2017.  Canada faces a tough election in October.  The Prime Minister of Australia has already narrowly survived one no confidence vote from his Parliament.  The Prime Minister of Malaysia is struggling to maintain his office in the wake of a growing scandal over government funds as well as a softening economy. 

The Prime Minister of Japan has staked his entire reputation and government policy around radical shifts in the economic space.  If TPP does not succeed, he might well not survive either.   It is highly unlikely that any successor will be inclined to take the politically difficult steps needed to bring TPP into force in Japan.

The list could go on—Brunei might implement sharia law in a way that is deeply problematic.  Malaysia could find additional mass graves.  Between now and 19 months from now, all manner of issues could easily derail any agreement and any TPP government.

The assumption by many here seems to be that whoever wins office in Washington at the end of next year will be more enthusiastic about trade and the TPP and will be more able or willing to cajole, arm twist, charm, threaten opponents or reward supporters than the current occupant of the White House.  And that the next Congress will be equally keen to take on a big, fraught policy decision right after being seated in the Capitol building.  Even if the rest of the world somehow stood still, the picture in Washington is unlikely to be so rosy.

Deciding now to wait until 2017 to get the TPP approved is a poor idea.  Wishful thinking is not going to solve the problems of getting a high stakes trade agreement past 535 members of Congress and into the hands of the President for signature.

But this does conflict with a second argument I have heard in Washington regarding timing.  If the agreement cannot be ratified by late 2015 or very early in 2016 given the presidential election dynamics, the world will not end if domestic approval inside the U.S. slips slightly. 

We have precedent for this as the free trade agreements with Columbia, Panama and South Korea all sat for years waiting to be approved in Washington.  All three countries even had to go back to the negotiating table. 

It should not be a surprise that I am not at all in favor of this idea.  Most of the TPP member countries have put a great deal on the line domestically to get this far.  After more than 5 years of negotiations, any further delay can be quite problematic.  Businesses are already waiting for implementation and have started making investments and shifting production to account for TPP rules. 

The best strategy—by far—is to approve TPA by the end of next week.  TPA really ought to have been relatively uncontroversial, although past votes on the topic have also been fraught with challenges.  In any case, once TPA is finished, officials can quickly wrap up the TPP and prepare for the final battle over this agreement.  Hopefully, voting on TPP will be less nail-biting than the votes over TPA.

***Talking Trade is a blog written by Deborah Elms, Executive Director, Asian Trade Centre, Singapore***

Defeated Again: Understanding The American Congress Votes on Trade

When the U.S. Senate first rejected the bills on Trade Promotion Authority (TPA), I wrote that it may have marked the day the Americans quit leading on trade.  Although the Senate subsequently managed to squeak through the necessary authorizations, the votes from the House of Representatives today suggests I was right.  Getting the United States to show leadership on trade is somewhere between a tough and an impossible task.

To recap where we are: although the United States has been negotiating multiple trade agreements for years, the U.S. Trade Representative (USTR or basically the trade minister) does not formally have trade authority as delegated from Congress.  Under what used to be called fast track and is now known as Trade Promotion Authority (TPA), Congress lets the White House lead on trade.  Congress sets up the parameters for negotiations and expedited procedures for final approvals. 

USTR went ahead with talks in the Trans-Pacific Partnership (TPP) and Trans-Atlantic Trade and Investment Promotion (TTIP) “as if” the provisions of TPA were in effect.  The White House had opted not to try for renewal sooner (the last version expired in 2007) because they were not convinced that Congress would view the request favorably in the absence of information about what sorts of agreements were under negotiation.  Therefore, the executive branch decided to negotiate first and seek permission at a later date, when it would be more clear to the legislative branch what sorts of benefits and costs might be on offer.

With the TPP waiting for TPA to close the agreement, it was no longer possible to pretend that authorization was in place.  The other TPP member countries have refused to discuss the most sensitive aspects of the negotiation in the absence of clear authority from Congress to pass the final deal without amendment.

Hence the push to get TPA, starting with the Senate.  The original bill was defeated, only to be resurrected days later. 

The Senate votes set up the challenge for the House now.  If the House version of TPA does not exactly match the Senate’s bill, members from both sides would have to sit down and reconcile the inconsistencies.  The final, combined, bill would have to be voted on again by both bodies.

Given the difficulties in getting TPA, no one wants a situation where members of Congress are forced to vote twice.  Hence, the House version had to match the Senate version exactly.

Which leads us, depressingly, to today’s House votes.  The Senate bill had done two things—it renewed authorization of Trade Adjustment Assistance (TAA) and granted TPA.  (An earlier post discussed TAA in more detail.)

The House was reluctant to vote on a similar combined bill.  Thus, they split the bill into two halves—first a vote on TAA and then a vote on TPA. 

The TAA bill went down to defeat.  Even Democratic members of the House that are in favor of the idea of assistance for displaced workers voted against TAA renewal.  This bill, many argued, was insufficient for one reason or another.  Republicans that are not fans of TAA at all had to step up and try to push it over the finish line.  But it was not enough as 86 Republican and 40 Democrat yes votes lost to 303 no votes.

Once TAA was defeated, it also spelled the end to TPA.  This is because the House and Senate versions of the bill have to match.  The Senate authorized both TAA and TPA.  Therefore, the House must also have matching legislation in place. 

In a grim attempt to snatch victory from the jaws of defeat, House members then proceeded to vote—narrowly—in favor of TPA (219-212).  This looked, to people not familiar with the intricacies of Congress, like a success.

But it is not.  Hence, for the second time in weeks, Congress refused to show leadership on trade. 

What comes next is unclear.  It is possible that the House will figure out a solution to what is again being called a “procedural snafu.”  Maybe sufficient members on both sides of the aisle will reconsider their votes on TAA.  Perhaps the Senate will revote on TPA without TAA or with a different version of TAA that might be acceptable to the House. 

Even if this can be fixed, it means that the TPP may not close as planned.  Chief negotiators were expecting to meet on June 22.  This—at best—now looks optimistic.  The deadlines have always been perilously short. 

Once the immediate crisis is resolved one way or another, it is certainly worth thinking hard about why Congress has twice voted against trade.  (And against the President in spite of a full-court press the likes of which Washington has rarely seen in recent memory.) 

I am on my way to Washington DC and will write another blog post once I’ve had the chance to discuss issues with trade and business experts from the ground.  Perhaps only inside-the-Beltway naval gazers can make sense of what has been happening.  Because much of Asia (at least) has been watching in amazement as American legislators reject what most in this region see as common sense.  Cutting off your nose to spite your face does not seem a sensible policy.

***Talking Trade is a blog post written by Deborah Elms, Executive Director, Asian Trade Centre, Singapore***

Drawing Up Guidelines for Business in RCEP

KYOTO--The 16 countries involved in the Regional Comprehensive Economic Partnership (RCEP) are currently gathered in Kyoto.  The 8th round runs all week long, as officials try to meet an announced deadline at the end of this year.

RCEP is an unusual animal in the free trade agreement (FTA) zoo.  Under RCEP, the 10 countries of ASEAN (Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam) are trying to knit together their existing FTAs into one comprehensive agreement.

This requires getting ASEAN to work together with the six dialogue partners that have existing FTAs with ASEAN (Australia, China, India, Japan, New Zealand, and South Korea).  In RCEP, the ASEAN members often meet to caucus first, followed by the remaining six (in RCEP lingo—the AFPs or ASEAN Foreign Partners).  Once both groups have held caucus sessions, they gather together as 16 parties for negotiations.

Like in most FTAs, the RCEP party negotiators are split into specific chapters.  RCEP negotiations are under way for goods; rules of origin; customs procedures and trade facilitation; sanitary and phytosanitary (SPS) rules for agricultural products; services; investment; intellectual property rights; competition policy; economic and technical cooperation; and legal issues. 

The original intention of RCEP was to sort out the problems created by having five different agreements (called ASEAN+) with sometimes differing commitments between them.  The issues that need addressing can be seen clearly by businesses trying to ship goods between ASEAN and the AFPs. 

For example, many goods have tariff reductions that are different across the five existing agreements.  In some, tariffs may have fallen all the way to zero allowing a firm’s products to enter duty free.  In other deals, the tariffs that matter to the firm have not been touched at all.

Equally (or even more) problematic for businesses, the rules of origin (ROOs) used across the five existing deals are different.  Depending the product, firms may be forced to have entirely different sourcing patterns for different markets with raw materials or components from alternate suppliers to get final products to qualify for benefits under the ASEAN+ FTAs. 

For some products, the ROO might be 40 percent regional value content (RVC).  Put crudely, this means that a firm needs to sufficient transformation of the raw materials and components to take place inside the ASEAN member states and the dialogue partner to count for at least 40 percent of the final the value of the good. 

But other ASEAN+ agreements may require a change in tariff heading instead, where the creation of a final product results in a different classification for the product relative to the raw materials or components used.  Worse still, some agreements require some products to use multiple ROOs simultaneously to qualify for preferences.

In short, these sorts of rules make it difficult for firms to actually take advantage of the benefits on offer from some of the existing agreements. 

RCEP could try to sort out most of these challenges that firms face in operating across the 16 member countries.  However, because RCEP is not a voluntary organization, participating countries are approaching the tasks of harmonizing across agreements with different degrees of enthusiasm.  In RCEP, unlike some FTAs, the parties are essentially drafted to participate by dint of having an existing deal. 

Having an agreement with ASEAN, however, does not automatically mean that members are eager to extend their existing trade arrangements to other members.  This is true both for ASEAN countries as well as many of the AFPs.  Hence, around the table in RCEP, some members are downright hostile to further market opening while others remain relatively enthusiastic. 

One area of potential scope for new efforts can be found in e-commerce.  Previous FTAs did not cover this topic, which means that the members do not have to worry overly much about existing commitments.  In addition, all 16 parties in RCEP have some level of interest in creating new rules to govern this space.

This is particularly true if RCEP countries approach e-commerce from the perspective of smaller firms.  Small and medium sized enterprises are very active and constitute the largest share of the economy in all member states. 

More important, seizing the opportunity means letting smaller firms join a larger marketplace for their goods and services.  They can attach themselves to some of the biggest global enterprises in ways that were previously not possible.  The e-commerce marketplace includes buying and selling to other businesses as well as consumers. 

But this is an unfamiliar place for government officials in charge of trade negotiations.  In many economies, the domestic rules and regulations for managing e-commerce are either undeveloped or underdeveloped.  This makes it more challenging to create appropriate rules for governing e-commerce at the RCEP level.

In some of the fastest evolving sectors of the global economy, it is important that officials aim for light touch regulations.  Many of the goods and services that will be provided in 5 or 10 years time cannot even be imagined now.  Hemming in these types of developments could easily prove problematic for companies.  Restraining the growth and participation of smaller companies could leave the markets open for further dominance of the largest global players.

Hence, officials need to think carefully about what sort of rules they want to create for the e-commerce space in RCEP.  Most businesses would prefer a harmonized set of regulations, rather than a patchwork quilt of rules across 16 different countries.  This is certainly better for smaller firms who will struggle to handle different requirements and rules in different RCEP marketplaces.

These rules should put in place specific policy objectives, rather than specify specific types of rules.  The objectives can be met by different governments and businesses in an evolving fashion, rather than be set down in a difficult-to-amend trade agreement. 

For instance, government officials are likely to be concerned about the spread of online gambling or pornography.  RCEP rules could allow governments to regulate these types of activities directly.  Restrictions could also be handled through the use of exceptions clauses allowed elsewhere in all trade agreements that grant governments the right to regulate in the interest of public health, morality, security and so forth.  Or governments could create a policy framework that would highlight types of activities that should be constrained. 

Because policymakers do not know enough, most likely, about e-commerce and its current and future potential, trying to create specific rules about what can and cannot be opened is likely to be deeply problematic.  Instead, government might best support smaller firms in e-commerce by thinking broadly about their needs and crafting the RCEP agreement to better meet the issues of concern to small companies. 

This requires a holistic view of e-commerce and a vision of helping smaller firms buy and sell smaller value goods or supply services of all sorts across the internet.  It means ensuring that information can flow freely and that companies have access to some of the best, safest, and most secure platforms and technologies for managing their e-commerce activities.  Finally, it means helping smaller firms manage cash flow issues by helping open trade financing and e-payments systems so firms can successfully get paid for their goods and services. 

Creating an agreement where few have existed before is never going to be easy.  But the benefits of a true regional platform could perhaps be best expressed in RCEP through bold steps in e-commerce.  This would help unleash the economic potential of the small companies that make up the backbone of the economy in all RCEP members.  It could be the most concrete example of where RCEP negotiations can make a difference to the Asian regional landscape.  ***

On a different note, before closing, I would like to give a shout out to APEC for the APEC Business Travel Card and to the American government for finally allowing U.S. passport holders to participate.  The card saved me at least 2 hours getting into Beijing and a further two hours clearing immigration in Japan.  Thanks!

***Talking Trade is a blog post written by Deborah Elms, Executive Director, Asian Trade Centre, Singapore***