International trade Procedures & Documentation

1st Block Assessment

Case Study

 

Philippines: Adopting the Transaction Basis for Customs Valuation
This study describes the challenges faced by customs officials in the Philippines when they adopted transaction valuation to facilitate imports, and the way in which they overcame these challenges. The Philippines government needed to adopt its international treaty obligations into domestic law, and it did that with two laws. It enacted Republic Act (RA) 8181 in 1997, which enabled transaction valuation reform. However, various obstacles hindered the implementation of this law, and so in 2001 the government adopted RA 9135 to fix the problem in RA 8181 to authorize post-entry audit systems.
There had been two major concerns in the Philippines regarding the country’s obligations to shift its customs values from notional published values to transaction values. On the part of the customs authorities, they expected customs collection to go down as importers took advantage of their legal rights, undervalued their imports with fake invoices knowing that customs authorities would never know on time that they did so and so paid lower duties and taxes than they ought to. On their part, domestic producers were fearful that implementation of this obligation would erode their trade protection. The Philippines has nevertheless implemented its obligation and has used transaction values in customs assessments since 2000.
Three and a half year later, the then Customs Commissioner, Antonio M. Bernardo, has been pleased to see that customs collections have been going up. However, domestic producers are still concerned and keep adjusting to these changes. This study documents the policy reform process, assesses the impact of the reform and highlights the tasks yet to be done to implement transaction valuation reform effectively and properly.
I. Why reform customs valuation? 
In 1996, when the Philippines enacted RA 8181, its customs valuation procedures deserved a major overhaul, at least from the perspective of reducing corruption and facilitating trade. Its pre-reform rules virtually allowed customs authorities to exercise wide discretion and compel importers to make deals with customs authorities to secure the most privately profitable terms for their businesses, in particular, because of high tariff protection. Multiple customs valuation rules had been a tradition since RA 1937 in 1958, when customs authorities could legally calculate duties and tax assessments based on wholesale prices in exporting countries, with domestic prices adjusted appropriately to make these comparisons to border prices or invoice values. That was because the law failed to specify when a particular rule should be employed. Because it also prescribed high tariff protection to protect domestic industries, RA 1937 sowed the seeds of corruption in customs administration in the Philippines.
The reforms following RA 1937 aimed at undoing the abuses of customs officials. Since 1972 there have been efforts made to publish home consumption values, defined to be the wholesale price of the good at about the time of exportation from the principal markets of the exporting country and to delegate to the Philippine consular office staff the task of gathering data on home consumption values (HCV) and certifying the authenticity of these values. 
The next initiative came in March 1987, when through Executive Order (EO) 186, customs authorities used fair market values, which were defined as the wholesale price of the merchandise being exported to the Philippines in the principal market of the exporting country at the time of exportation or, in the absence of that information, that of a similar good being sold in the Philippines. The EO also ordered the use of the actual cost of freight and insurance instead of an across-the-board 10% surcharge to cover such costs and incorporate other expenses needed to bring the goods to the Philippines to obtain the dutiable value...
With hardly any resulting improvement, EO 186 had to be complemented by a pre-shipment inspection (PSI) requirement to authenticate the declared values of imported merchandise. In 1987 the government contracted the services of the Swiss-based Société Générale de Surveillance (SGS) to do pre-shipment inspections for imported merchandise with a value of at least US$500 coming from Japan, Hong Kong, and Taiwan. Thus, in April 2000, when the Philippines had to implement RA 8181, the government decided not to renew the contract with SGS and stopped PSI altogether.
II. RA 8181: a good attempt given the constraints 
When the Philippines government incorporated into domestic law its legal obligations under the WTO’s transaction valuation agreement in 1996, the political atmosphere in the country has become increasingly hostile to WTO compliance laws. To give legal weight to these obligations only served to sustain the confrontation between those against globalization and those behind the integration of the economy into the global trading system.
The action taken by the Senate was to retain the use of published values to deter undervaluation, even as transaction values were ordered to be used for customs valuation purposes starting in 2000. The use of published values per se complies with the WTO’s transaction valuation rules if the prices published are transaction values at the time the merchandise is imported. In the Philippines, however, the published values were home consumption values, not updated in line with the market,(3) neither were the data comprehensive enough to cover all possible imported merchandise
Adjusting import assessment procedures 
The customs agency adjusted its import assessment system to implement RA 8181. The pre-shipment inspection had to go, customs officials had concluded that retaining the PSI for valuation purposes would only create problems; they decided not to extend their PSI contract with SGS. The Commissioner, however, extended SGS services for three months or until 31 March 2000 to allow the bureau to master the new systems and procedures under RA 8181. 
The value range information system (VRIS) was introduced to deter attempts to undervalue imported merchandise. The system consists of a database giving high and low transaction values of the merchandise imported in commercial quantities to the Philippines. If the declared value of a given shipment falls outside the range, the importer would have to show the relevant documents to the Valuation and Classification Review Committee (VCRC) to support his declared value. According to Philippines customs authorities, Article 17 of the WTO Customs Valuation Agreement allows the use of the VRIS for validation purposes. If the documents presented failed to remove reasonable doubt, the importer would need to post a bond to support the conditional release of the shipment.
As SGS’s PSI contract ended in March 2001, the Super Green Lane (SGL) facility became operational. The SGL is a facility meant for regular importers, most of whom were concerned about harassment in the post-PSI import processing system. To use this facility, an importer would need to be accredited by the bureau as a low-risk importer. In theory, the SGL goods require only an hour to process, and processing simply involves the matching of payment of duties and taxes with the assessment.
SGL merchandise does not go through the bureau’s selection system. Examination of goods may be conducted at random and at the premises of the importer. SGL importers are subject to post-release audit, the purpose of which is to verify whether their import activities are in accord with the bureau’s and other government agencies’ regulations and to help these importers improve compliance.

III. RA 9135: improving the law 
The Philippines customs officials realized that using published values as laid down in RA 8181 would only complicate customs administration. However, they needed a proposed alternative to published values before they went back to Congress to ask for an amendment of the law. When the chairman of the Senate Ways and Means Committee asked them for an alternative to published values to assure revenues, the customs officials were not ready with a good answer. They had heard about customs audits from training programs sponsored by the Asia Pacific Economic Co-operation Council (APEC) and executed by individual governments but did not know how the audits were carried out in the countries that used them.
The need to improve RA 8181 
The prevailing message at the Senate hearing was that while RA 8181 enabled transaction valuation, it had to be improved to reduce discretion, make valuation more transparent and provide the customs authorities with a post-entry audit system to improve compliance and assure revenues. Rey Nicolas, a customs collector, explained that the six methods were alternate, exclusionary and hierarchical methods and that the proposed bill limited discretion by making the law more systematic and clear on when and on what to use each method. Senator Enrile, answering a representative of the PMAP, said that the Senate wanted to improve RA 8181. If declared transaction values were truthful, no problem would arise. However, if mistakes occurred, the post-entry audit process would sort these out and help importers improve their compliance in subsequent import transactions.
President Arroyo signed RA 9135 into law on 28 April 2001. Besides enabling transaction valuation in the Philippines, this Act is more transparent and more compliant with the WTO customs valuation agreement, removes unnecessary discretion and assures revenues more positively than does RA 8181.
V. Concluding remarks: lessons learned 
The Philippines customs authorities and private businessmen had serious concerns about this reform. The customs agency feared that its revenue collection would be reduced since it expected the majority of importers to take advantage of its poor capacity for enforcing compliance. Importers would undervalue their merchandise and pay lower duties and taxes. If government officials were worried that undervaluation would reduce the collection, Filipino domestic producers were concerned about the erosion of trade protection. Those in the private sector who stood to benefit from the reform were in no position as yet to fathom out the positive consequences. Thus the prospects of poor collection and import competition dominated the policy discussions at the time the government was adopting this reform.
Locking the reform in 
The reform does not end with a piece of legislation. There are its implementation and enforcement, which brings this study to a parting remark The risk to watch out for is that the audit group goes down the path of arbitrary selection of those to be audited and in the search for importers’ violations of the Tariff and Customs Code. The cost of failure of post-entry audits is reduced collections, the lack of or incomplete implementation of regulations, and corruption.
There are other improvements in implementation that the Commissioner may want to consider. One is to improve its product description convention so that it becomes more precise and the list is regularly adjusted in line with the market. This reduces unnecessary friction between customs authorities and importers regarding the use of the value range information system.
Question 1

Philippines adopted ______ to facilitate imports
   
Both a & b
transaction valuation
Technology
Only a
 
Question 2

President Arroyo signed_____ into law on 28 April 2001
   
RA 1897
RA 9876
RA 9135
RA 1878
 
Question 3

SGL importers are subject to ____ audit
   
Pre-Launch
post-release
Pre-Release
Post Launch

Question 4

The cost of failure of post-entry audits is reduced collections and ___
   
Payments
Both a & b
corruption.
Receipts

Question 5

_a customs collector
   
Rey Nicolas
Jorge
Anna
Maria

Question 6

APEC stands for ___
   
Asian Pacific Economy council
Asia Pacific Economic Co-operation council
Asia Prone Economic council
Asia Prone Economy count

Question 7

Senate wanted to improve ____
   
RA 8181
RA 6798
RA 8799
RA 4567

Question 8

An importer would need to be accredited by the bureau as a____ importer.
   
High-risk
Both a & c
low-risk
Medium risk

Question 9

Philippines had to implement RA 8181, the government decided not to renew the contract with SGS and___ stopped altogether.
   
PSIII
SPI
PSI
SSI

Question 10

The reform does not end with a piece of ___
   
legislation
Procedures
Norms
Rules

2nd Block Assessment

Case Study

In 2004 Mauritius, a small island state located thousands of kilometers from its major markets was facing two major challenges: the probable erosion of preferential treatment for its main export product (sugar) and a serious disruption to its textile and apparel industry, as a result of the impending expiration of the global restraint system that encouraged producers to seek out locations that could benefit from marginal quota allocations. 
Mauritius’ participation in the multilateral trading system and various regional agreements reflects its interests as a small, export-oriented economy with advantages in a few products, sugar, textiles and clothing in particular. As part of its economic success is due to preferential market access granted by major trading partners, Mauritius is taking steps to adjust to changes in this international environment.
Notwithstanding its considerable geographic disadvantage and the shocks sustained by the traditional pillars of its economy, Mauritius is a success story. The degree of success achieved is particularly evident when this country is compared to other island states with similar resource limitations.
This case study of Mauritius, based on background research and interviews conducted in Port Louis in May 2004, attempts to examine the basis for this success and to explore the future direction of the economy.
The local and external players and their roles 
Mauritius is a multi-racial environment where the official language of business, English, is mixed freely by locals with a French-based patois that most appear to use in their day-to-day dealings with friends and colleagues. The differing ethnic backgrounds of the population, which in other parts of the world so often give rise to political strife and economic discrimination, are embraced positively in Mauritius and seem to have been melded into a distinct local culture.
One cannot help but be impressed by the degree to which the business community and government in Mauritius collaborate on projects designed to improve the country’s economic and trade prospects. There is a long-standing tradition in Mauritius of addressing problems and opportunities through institutional arrangements that bring together main players from the private sector and relevant government agencies. The Chamber of Commerce was already established in the mid-nineteenth century and the Mauritius Chamber of Agriculture opened its doors in 1853.
The single most important co-ordinating body for the private sector in Mauritius is the Joint Economic Council (JEC), established in the early 1970s shortly after the country gained independence. Although the dialogue between the JEC and the government was hampered initially by mutual suspicion, the body has evolved into an ideal forum for sharing new ideas as well as developing shared views of problems and how best to pursue the country’s economic development. According to Jean Noël Humbert, the general secretary of the Mauritius Chamber of Agriculture, it was in the JEC that discussion was first initiated on turning Port Louis into a regional seafood hub (discussed below) and where the government agreed on the need to fast-track both seafood-related investment approvals and fisheries permits to remove any practical difficulties to making the vision a reality.
Crisis management is another important role of the institutional structures evolved in Mauritius. The Sugar Sector Strategic Plan (2001-5) was developed and discussed through these government-industry groupings. The non-sugar strategic plan was also formulated within these structures, as have been the various initiatives to deal with necessary adjustments in the textiles and clothing sector.
Mahmood Cheerio, the secretary-general of the Mauritius Chamber of Commerce and Industry, says that the Mauritian economy has necessarily been open and export-oriented from the start. After serious difficulties in the late 1970s, when Mauritius was the first to adjust under an IMF standby agreement, a strong government with a political mandate undertook a tough restructuring campaign and, with a structured and co-operative buy-in from the business community, charted a course for strong export-led growth in the 1980s...
Challenges faced and outcomes 
Mauritius is situated at a considerable distance from international markets with significant purchasing power. Transportation costs are onerous and market development can be expensive. The country has benefited importantly over the past thirty years from preferential arrangements for sugar purchases by the EC as well as from the fact that the quota restraint system for international trade in textiles and apparel helped to create a significant garment production industry on the island. 
Overcoming the disadvantages of distance: the tourism sector 
Supachai pinpointed a major element when he alluded to the problems faced by small developing countries thousands of kilometers away from major markets. It is obvious to anyone who has had the pleasure of visiting Mauritius that it has major potential as a tourist destination. Some considerations pertinent to this strategy are obvious. Mauritius is a relatively small island with a fragile ecology and environment, especially in areas likely to attract tourism investment. Additionally, apart from the South African market, Mauritius is a long way from sources of tourists who are likely to spend significant amounts of money on beach holidays. Yip Wang Wing explained that an analysis of this situation had led to the adoption of what seems to be a very sensible national policy in respect of tourism. The official policy calls for ‘low-impact’, ‘high-end’ tourism, meaning that the ecological/environmental impact of tourist sites will be low and the tourists visiting Mauritius are likely to spend generously while in the country.
Yip Wang Wing explained the investment strategy along the following lines.
Where the government approves a significant investment in the tourism sector, accelerated investment and amortization allowances form an important part of the package from the start. Approved investors in the sector can amortize the cost of their investment in hotel facilities over just four years and in the case of new investments, 25% of the investment is allowed as a special credit.
In addition to making certain that the right investors put the desired levels of investment into tourism in Mauritius, governmental authorities also concern themselves with the standard of service in approved high-end hotels. Measures are in place to ensure that qualified hotel schools and hotel management certification requirements are met in the sector.
These efforts appear to be paying handsome dividends. Tourism is the third-largest source of foreign exchange earnings for the country and accounts for around 8% of total employment. Mauritius’ international airport has registered a growth in passenger traffic of around 8% a year in recent years.
Dealing with distance: the transport sector 
The efforts being made by Mauritius to position itself as an economic hub are complicated by serious logistics competition from Johannesburg and Durban, in South Africa. To keep the harbor of Port Louis in the market as an effective player, the government and private sector have worked hard to keep down costs. The Mauritius Marine Authority (MMA) has expanded and modernized the port facilities in recent years and periodically studies new ways of cutting costs. A recent study, referred to as the ‘dwell time for cargo’ study, focused on how to remove identified bottlenecks and move vessels in and out of the harbor in as short a period as possible. The MMA periodically revises port tariffs to reflect market conditions. A program designed to increase the handling level to twenty-five ‘twenty-foot equivalent units’ (TEUs) per hour by 2005 is contributing to an improvement in labor productivity in the port.
The sugar sector: making the most of a changing environment 
Historically, sugar has been very important for Mauritius, and there can be no doubt that the country could not have reached its current level of economic development were it not for the many years of preferential sales of sugar to the European Community under special arrangements. Although Mauritius has a more diversified domestic economy than many other developing countries that are also reliant on sugar exports, sugar remains especially important for Mauritius both because it is the largest single beneficiary of EC preferential purchases and because the island is ill-suited to the cultivation of alternative crops.
The interviews for this case study were conducted before the outcome of the recent EC sugar subsidies dispute, but those interviewed were nevertheless already expecting major change to the long-standing regime and considering how to make the best of the situation through the transition. Humbert gave an overview of how the sugar industry was adapting. The overall area of land under sugar cane cultivation was diminishing, in part motivated by a restructuring plan that would allow for more profitable land use, in some circumstances potentially contributing to the industry’s modernization and also cutting one-third of the workforce in the industry. At the same time, an important part of the strategy called for modernizing and preparing the industry for the future
Financial services 
Recognizing that rising income levels and a more well-educated populace would create a demand for more employment in white-collar services industries, the government and the private sector have collaborated very effectively to create an environment in Mauritius which has allowed the financial services sector to prosper and become a major and growing part of the island’s economy. The concept and supporting legislation for offshore banking were introduced in 1991, supplemented by lower tax rates for particular types of banks. In mid-2004 twenty-two authorized banks were operating in the country, ten under a category-1 license and twelve under a category-2 license. 
Lessons for others 
Many of those interviewed by the author commented that there is in Mauritius today a large level of tolerance prevailing among the populace, notwithstanding the many different religious and ethnic groups present on the island. The first comment from Rajpati, the executive director of the Mauritius Sugar Authority, was that in Mauritius there is a well-established and functioning collaboration between the public and private sectors and that the Mauritian people are accustomed to ‘pulling together’ for the common good.
On the international trade front that is so vital to the country’s well-being, Mauritians are well aware that they have benefited from special preferences and circumstances over the past thirty years, but they are also very conscious that the landscape is changing and that these special features of their international trade cannot be counted on for the future. Their reaction has been to preserve what they can (by, for example, acting to cut costs in sugar production while developing new niche markets for specialty sugars) and, more importantly, experiment with new ideas for the country’s future economic development.
Question 1

The concept and supporting legislation for offshore banking were introduced in __
   
1995
1991
1994
1989
 
Question 2

Mauritian people are accustomed to ___ for the common good.
   
Fascination
None of the above
Both a & b
pulling together
 
Question 3

Rising income levels and a more well-educated populace would create a demand for more employment in _____services industries
   
White-collar
Yellow collar
Brown collar
Blue-collar
 
Question 4

The overall area of land under sugar cane cultivation was __
   
Both a & b
Diminishing
Progressive
Developing

Question 5

Mauritius both because it is the ___single beneficiary of EC preferential purchases
   
only
largest
Medium
Smallest

Question 6

Mauritius has a __ diversified domestic economy than many other developing countries
   
high
new
less
more

Question 7

The MMA periodically revises port ____ to reflect market conditions.
   
Duties
No - Tariffs
all of the above
tariffs
 
 
Question 8
___remains especially important for Mauritius
   
Tobacco
Tea
sugar
Tuna
 
Question 9

____ focused on how to remove identified bottlenecks and move vessels in and out of the harbor in as short a period as possible.
   
Both b & c
Dwell time for cargo
Government
Technology

Question 10
MMA stands for ____
   
None of the above
Mauritius Marine Authority
Merger Manipulation Agency
Mauritius Marine Agency
 

3rd Block Assessment
Case Study
Malawi is a landlocked country occupying the southern part of the Rift Valley in east Africa. It is bordered by Zambia to the west, Mozambique to the south and east and Tanzania to the north. In 2001, the estimated population in Malawi was 11 million (World Bank 2003). This relatively small sub-Saharan African country is one of the poorest in the world, with GDP per capita of US$163 in 2001 and over half of the poor population living in rural area.
Malawi is an open economy, but trade openness has not fostered economic growth, as is indicated by the declining figures for economic growth (from 6% in 1990 to -1% in 2001). Merchandise trade has declined significantly over time, with exports decreasing from US$442 million in 1999 to US$310 million in 2001, and imports from US$698 million to US$550 million in the same period (World Bank 2003). Tobacco, tea, sugar, and coffee account for 90% of merchandise exports, with tobacco as the main export. There have been some efforts to diversify to non-traditional products such as fruit and vegetables and spices. On the import side, the main imports are vehicles and parts, petroleum fuels, machinery, boilers and parts, electrical machinery, fertilizer, wheat flour, pharmaceuticals, iron, and steel.
Agriculture contributes a little more than a third (34%) to Malawi’s GDP, while the manufacturing and service sectors account for 18% and 48% respectively (World Bank 2003). Most of the activities in the service sector are non-tradable. The importance of agriculture cannot be stressed enough: in addition to being the leading export earner, approximately half of Malawi’s citizens who are in paid employment work in the agricultural sector and 85% of the population are supported by it (SADC 2001).
Malawi has removed most of its non-tariff barriers. However, a few import licenses and bans for environmental, health, safety and security reasons still exist. The Ministry of Agriculture provides phytosanitary regulations, and the Ministry of Commerce and Industry issues licenses for wild animals and other import licenses in general. Approximately 29% of all product lines continue to face non-tariff measures (UNCTAD 2001). In the case of live fish, for example, trout face a tariff equivalent of 100%. Imports of this product line require a license from the Ministry of Commerce and Industry. The import of live animals faces non-tariff measures of 50%. In 2001, Malawi introduced import licenses on sugar and import bans on dairy produce and vegetable cooking oil. Even though sanitary and phytosanitary requirements are applied, they are not used to curtail imports. Malawi, like other developing countries, is in the process of preparing new anti-dumping measures and introducing countervailing measures (MG and IAWG 2003). Looking at exports, Malawi is a relatively open country. Since the late-1990s, all trade taxes and quotas on exports have been eliminated (WTO 2002). Export surrender remains only on tobacco, tea, and sugar. Export licenses are required for a few commodities such as fuel and maize for environmental protection and food security reasons. Tea and raw tobacco are also subject to export licenses.
In general, Malawi faces severe trade and economic problems, including declining commodity prices, weak infrastructure, lack of technology, high cost of inputs, lack of access to financing, weak institutional and human capacity, the high external debt — all of these have a major impact on trade performance.
The local and external players and their roles 
Before 1994, Malawi was a one-party state and the government handled trade issues. In recent years, with the introduction of the multi-party system, the new governing structure has made tremendous efforts to include the private sector and non-government organizations in having a say in trade issues. Who are the main local stakeholders? The main department responsible for trade and industry policy is the Ministry of Commerce and Industry. Even though trade issues have taken center stage in the domestic area, it is disconcerting that the Poverty Reduction Strategy (PRS) does not have a sector-specific plan for trade, meaning that when resources are allocated trade does not feature as a major priority in the development agenda. The good news is that sector-specific trade issues have been addressed in the Malawi economic growth strategy, and part of the strategy will be incorporated in the revised PRS. Other government ministries involved in trade issues include the Ministry of Agriculture, Irrigation and Food Security, which has the main task of formulating agricultural policies and the Ministry of Finance and Economic Planning, the overseer of the overall government budget as well as expenditure and revenue measures; the Malawi Revenue Authority is responsible for tax and tariff administration. The Ministry of Foreign Affairs, the Copyright Society (under the Ministry of Sports and Culture) and the Patents Office (under the Ministry of Justice) also play an important role in trade matters.
Challenges faced and the outcome 
This section presents the views and challenges faced by some key stakeholders. To start with, the Ministry of Agriculture, Irrigation and Food Security, one of the key stakeholders, considering that the country is an agriculture-based economy, recognizes the importance of Malawi’s participation in the WTO. However for Malawi to benefit from the WTO process, Mr. Lungu, a senior ministry official, argued that the country has to overcome some of the major domestic bottlenecks because ‘if developed countries were to grant Malawi free access to their market, supply-side constraints would hinder the country from enjoying significant gains from the full access’  The challenge for Malawi, as an exporter of mainly agricultural products and venturing into exporting more processed products, is that it lacks trained manpower and equipment to address these non-tariff barriers and to comply with WTO commitments. This point was also reiterated by Dr. Dauda’s son at the Malawi Bureau of Standards (MBS), the designated inquiry point for the Agreement on TBT and food safety aspects of the SPS Measures.
Lessons for others (the players’ views) 
From Malawi’s experience, lessons can be drawn on how to bring trade into development; how countries may effectively utilize technical assistance; the use of the safeguard mechanism and countervailing measures as liberalization prevails; how to address some of the constraints beyond tariffs and other border measures; and how to handle the issue of preference erosion.
Other lessons that Malawi could provide to other LDCs are to extend tariff bindings beyond agriculture to the manufacturing sector; increase programs to enhance the participation of the private sector and other stakeholders so that supply-side constraints are addressed; and most importantly, to make sure that countries have missions at the WTO in Geneva.

Question 1

Malawi’s experience lessons can be drawn on how to bring trade into _____
   
Streamline
Culture
country
development
 
Question 2

The challenge for Malawi, as an exporter of mainly agricultural products and venturing into exporting ____ processed products
   
Only a
less
both a & b
more

Question 3

MBS stands for ____
   
More Bureau Standard
Malawi Bureau of Standards
Malawi Bench Standard
More Brake Some
 
Question 4

The Ministry of Foreign Affairs, the Copyright Society (under the Ministry of Sports and Culture) and the Patents Office (under the Ministry of Justice) play an important role in ___.
   
Trade
Business
Economy
trade matters
 
Question 5

The Ministry of Agriculture, Irrigation and ___, one of the key stakeholders, considering that the country is an agriculture-based economy,
   
Both a & b
Plantation
Food Security
None of the above

Question 6

PRS stands for ____
   
Project Reduction standard
Poverty Residual Strategy
Project Reduction Strategy
Poverty Reduction Strategy

Question 7
Ministry of Finance and Economic Planning is the overseer of the overall____ budget
   
Both a & b
Both a & b
National
Public
 
Question 8

The main department responsible for trade and industry policy is the ___
   
Ministry of Transport
Ministry of Commerce
Ministry of technology
Ministry of Commerce and Industry

Question 9

Export surrender remains only ____on tea and sugar
   
both a & b
Oil
tobacco
only b
 
Question 10

Agriculture contributes to Malawi’s GDP
   
34%
78%
42%
23%

4th Block Assessment
Case Study
Indonesia’s Shrimp Exports: Meeting the Challenge of Quality Standards
Among Indonesia’s fishery products, shrimps contribute the largest foreign exchange earnings. The total value of shrimp exports in 2002, for example, was US$840 million, accounting for about 50% of the total value of fishery exports. However, shrimp exports have been declining during 2000-3. In 2000, Indonesia exported 144,035 tons (US$1,003 million) of shrimp, but this declined to 127, 334 tons in 2001 and 122,050 tons in 2002, or around US$940 million and US$840 million, respectively (Central Bureau of Statistics 2003). As an archipelagic country, Indonesia has 17,508 islands and 81,000 km of coastline which provides an excellent resource for brackish-water shrimp farming to support the growth of shrimp exports.
Japan is the largest export market for Indonesian shrimp, followed by the European Union (EU) and the United States. From the total export amount (122,050 tons) in 2002, 60% was shipped to Japan, 16.5% to the United States and 11.5% to the EU. Indonesia’s shrimp exports to Japan were, on average, 53,000 tons per year, or about 30% of Japan’s total shrimp imports. Meanwhile, Indonesia’s share of (frozen) shrimp exports to the United States is only 5-6%, which is much lower than that of Thailand (31%), Ecuador (20%) and Mexico (13%). Other export competing countries are Bangladesh, China, India, the Philippines, Taiwan, and some Latin American countries.
The shrimp business in Indonesia is now under serious challenge, both internally and externally. Internally, the shrimp business faces many problems, especially in the production (farming) phase, such as disease infestation, shortage of shrimp fry, shrimp feed and medicine, regional planning and infrastructure, and farmer empowerment. Externally, the current flooding of relatively ‘cheap’ imported shrimp into Indonesia has had a detrimental effect on the profitability of businesses. Some of them went bankrupt and a large number have been in financial difficulties. Depressed world prices had begun in 2002 when the US government enacted an anti-dumping measure against China, Thailand, Vietnam, Brazil, and Ecuador. This low price will potentially reduce incentives for doing business, reduce the quality of Indonesian shrimp and eventually reduce Indonesia’s competitiveness in the world market.
The European Union market 
The September 2001 EU regulation obliging all imported shrimp to be free from chloramphenicol was discussed intensively during the second meeting of the ASEAN Fishery Federation (AFA) in Bangkok (4-6 November 2003). AFA member countries revealed their concern about the potential adverse effects of such a regulation. To mitigate the immediate adverse effects, AFA has proposed to the EU the gradual implementation of a zero chloramphenicol content over five years, namely 3 parts per billion (ppb) for the first three years, 1.5 ppb for the remaining two years and finally zero ppb. Some analysts and traders raised their objection to this regulation, pointing out that chloramphenicol is naturally produced by Streptomyces Venezuela in the soil and in plankton which is eventually fed to the shrimps. A zero content of chloramphenicol in shrimp may, therefore, be impossible.
The US market 
The US Shrimp Trade Action Committee, an ad hoc committee of the Southern Shrimps Association (SSA), sent an anti-dumping petition to the Department of Commerce and the International Trade Commission dated 31 December 2003 (Bisnis Indonesia, 2 January 2004). It sought anti-dumping action against six shrimp exporting countries, namely Brazil, China, Ecuador, India, Thailand, and Vietnam, claiming that these six countries practiced unfair trading which harmed the US shrimp grower. Indonesia was, fortunately, not included in this anti-dumping action.
There are two implications of the US action that need to be considered. First, although Indonesia was not included in the anti-dumping action, this measure should be considered as a sign of a future threat to the Indonesian shrimp business and exporters. The US government may decide to take action against Indonesia in the future, particularly if Indonesia is found to be re-exporting imported shrimps from China, Thailand, and Vietnam. There are signs that some ‘rent-seeking’ traders may be undertaking ‘transshipment’ of imported shrimps from these three countries to the main export destination, including the United States. Indonesia’s shrimp imports from China, Thailand, and Vietnam have been increasing recently, as a result of the US anti-dumping action against these countries (Kompas, 10 July 2004).
Second, this anti-dumping measure will open a window of opportunity for Indonesia to increase its shrimp exports (and its share) to the United States. High tariffs on Chinese and Vietnamese shrimp imports will make Indonesian shrimps more competitive in the US market. The question, however, is whether Indonesia can take advantage of this opportunity. Since the United States imposed anti-dumping duties on Thailand, China, and other main exporters, Indonesian exports of shrimp to the United States have increased significantly, from 15,253.5 tonnes in January-August 2003 to 26,679.3 tonnes in January-August 2004, or by about 75% (Putro 2004). The increase has been mainly associated with cultivated shrimps.
The players and their roles 
Responses to chloramphenicol contamination
There are two choices for shrimp growers in response to the chloramphenicol problem: the first is using synthetic chloramphenicol that would increase shrimp production and result in shrimp that were ‘free’ from salmonella but contaminated with chloramphenicol. Second, by abandoning the use of chloramphenicol, growers could produce chloramphenicol (mostly) free shrimp, but would probably reduce their shrimp production due to salmonella infestation. The second option, if chosen, would not free shrimp growers from the quality problem, as the EU also requires salmonella-free (non-contaminated) shrimps. Needless to say, shrimp growers in Indonesia are thus facing a dilemma. For developing countries such as Indonesia, producing salmonella-free as well as chloramphenicol-free shrimps appears to be a difficult, if not impossible, goal to attain at the moment. A more sensible and fairer solution would be for the EU governments to help developing country exporters to comply with such standards. Facilitation through trade, such as technical and financial assistance, can be set up bilaterally or, though WTO fora, multilaterally.
Natural chloramphenicol can easily be distinguished from its synthetic counterpart by a special instrument introduced by the EU. The question is whether this device can be cheaply accessed by typical small-scale Indonesia shrimp growers. The EU should also be willing to bear a part, if not all, of the pre- and post-inspection costs regarding quality standard inspection procedures. It is a challenge not only to the Indonesian government but to all world leaders to promote freer and fairer trade in line with the Doha Agenda of the WTO.
Responses and Action to Cheap Imported Shrimp 
The world market price of white shrimp is expected to drop due to a peak harvest in many shrimp-producing countries. China, for example, will likely produce more than 350,000 tons of white shrimps in 2005, while Vietnam and Thailand will each produce around 250,000 tons. If shrimp imports from these countries are not controlled, the domestic price of shrimp in Indonesia will certainly be depressed, and shrimp growers will suffer large losses.
Indonesia’s shrimp imports from China, Thailand, and Vietnam increased in the period June-August 2004, as a result of the US anti-dumping policy towards these countries. The imported shrimps eventually depressed Indonesia’s domestic prices, since some of them are marketed domestically. At the same time unit production costs have been reported as increasing (to more than Rp 20,000 per kg) in line with an increase in the prices of feed and shrimp fry.
The shrimp market needs to become more diversified in terms of both product and market to counter cheap shrimp imports. This calls for a high level of technical assistance from both the government and international organizations (such as the FAO) to increase the value-added of the product, such as quick-frozen, peeled, butterfly-cut shrimp, and cooked products. Industry development through technical assistance can be implemented by offering simple, low-cost technologies for value-adding and by matching buyers and sellers to facilitate market diversification. Indonesia can also promote a locally specific or national quality brand (seal) the better to compete in the international market.
Lessons for others 
Indonesia’s shrimp business has been facing serious constraints and challenges, only some of which have been partially tackled. The most critical challenges are related to quality standards, including freedom from antibiotic contamination, imposed by developed country importers, with which the Indonesian shrimp growers cannot comply. Other problems are the low productivity and high cost of production of domestic shrimps. This last problem creates difficulties in managing trade policy against cheap imported shrimps from major shrimp exporters such as China, Thailand, and Vietnam.
The Indonesian government has recently tightened the conditions of the issuance of import quality and health certificates in order to avoid the possibility of shrimp transshipment to the United States via Singapore. This initiative is a response to the increasing trend of transshipment using Indonesia’s export certificates and has been found to be very effective in controlling transshipments and in avoiding Indonesia being involved in possible circumventions through transshipments. In addition to imposing a temporary import ban, Indonesia has also prepared an instrument for the management of the importation of shrimps. To stabilize domestic prices and to support domestic shrimp growers, shrimp importers are obliged to absorb domestically produced shrimps according to an import-absorption ratio. This instrument is expected to be effective in guaranteeing that farmers receive reasonable farm-gate prices for their shrimps during the peak harvest period.
Question 1

The imported shrimps eventually depressed Indonesia’s ____
   
domestic prices
International Price
National Price
all of the above
 
Question 2

The Indonesian government has recently tightened the conditions of the issuance of import quality and ____in order to avoid the possibility of shrimp transshipment to the United States via Singapore.
   
health certificates
quantity
Both a & b
only b

Question 3

This initiative is a response to the increasing trend of transshipment using Indonesia’s__ certificates
   
Both a & c

Import
export 
 
Question 4

To stabilize domestic prices and to support domestic shrimp growers, shrimp importers are obliged to absorb domestically produced shrimps according to a _______ratio.
   
Import-absorption
Both a & b
Export-Absorption
Import-Export

Question 5

The shrimp market needs to become more diversified in terms of both product and market to counter cheap shrimp ___
   
export
Both a & b
only a
imports

Question 6

It is a challenge not only to the Indonesian government but to all world leaders to promote freer and fairer trade in line with the Doha Agenda of the ___.
   
ARS
GATT
WTF
WTO
 
Question 7

The US government may decide to take action against Indonesia in the future, particularly if Indonesia is found to be re-exporting imported shrimps from China, Thailand and____.
   
Japan
Hongkong
Thailand
Japan
 
Question 8

Indonesia’s fishery products, shrimps contribute the largest___ earnings.
   
Dinars
foreign exchange
Euros
Dollars

Question 9

___ is the largest export market for Indonesian shrimp,
   
Indonesia
Vietnam
Japan
Hongkong

Question 10
The current flooding of relatively ‘cheap’ imported shrimp into Indonesia has had a detrimental effect on the ________of businesses.
   
Both a & b
Loss
profitability
none of the above

5th Block Assessment
Case Study
This case study of Fiji explores how its government and people are preparing to deal with the expected end of preferential trading relationships, and is based largely on interviews conducted in Fiji over several days in August 2004. In March 1997 the WTO Secretariat published its report of Fiji’s first review under the Trade Policy Review Mechanism (TPRM) 
Fiji’s economy depends heavily on sugar, tourism, and clothing. The need to lessen the dependence on the sugar industry may become more urgent as Fiji’s preferential status in its sugar export markets is eroded in the long term. Similarly, the clothing sector, also facing an erosion of preferential access, could require efficiency gains to remain competitive. Diversification of the economy will, however, require attention to the problem of shortages of professional and technical personnel that have resulted from the high rates of emigration over the past decade.
The local and external players and their roles 
Fiji’s political and economic relations with the countries affording its preferences for its exported goods — mainly Australia, New Zealand and the European Union (EU) — have long been key to the islands’ prospects for success. As a sign that Fiji’s relations with the EU are more significant than its need to participate in the WTO, Fiji maintains an embassy in Brussels that — as a part-time responsibility — looks after developments in Geneva. Decisions made in Canberra, Brussels, and Wellington are critically important to policy-makers in Suva. This is a tough position to be in, and one would expect that it would encourage Fijians to co-operate with each other as a way of promoting a common cause.
The government and the state-owned sugar company have traditionally played a central role in Fiji’s economic development. The government’s Native Land Trust Board and the Fijians it represents is another central actor. Foreign investors are also important, particularly in the garment sector, where they dominate the ownership of the industry. The government and private-sector outside investors should be working together.
Challenges faced and the outcomes 
Fiji’s trade and economic prospects are heavily dependent on developments in a few key economic sectors. The challenges faced in these sectors, current policies and likely prospects are explored below.
Sugar 
The sugar sector of the global economy is undoubtedly one of the most distorted, given the plethora of production and export subsidies and extremely restrictive access barriers complicating sales to the world’s major sugar-consuming markets. Tragically, sugar is also a commodity that many developing countries have come to depend upon as a mainstay of their local economy and as a principal source of export earnings.
The sugar industry has benefited significantly over the years from access to the EU’s preferential trade regime for sugar. Under the arrangement, the EU pays prices substantially above world market price levels for imports of sugar from specified ACP(5) countries — up to three times the world price —with about half of the preferential import quota allocated to Mauritius and the rest divided among sixteen other ACP suppliers. 
Within the EU, changes are being debated to sugar policy that, if implemented, would drastically cut the price paid for preferential sugar imports from ACP countries. The scheme, as it has existed up to now, is collapsing in part under the weight of dramatically increased imports of sugar into the EU from least developed countries under the ‘Everything But Arms’ (EBA) preference arrangement. None could have anticipated nor imagined how quickly EBA sugar suppliers could ramp up their production. 
Looking at the current situation in Fiji’s sugar industry, an outside observer could be tempted to conclude that an unconscious decision has been made to abandon the industry even before the end of the EU’s preference scheme. A critical problem is that of land tenure. Some 87% of the land in Fiji is owned by ethnic Fijian extended families and managed by the Native Land Trust Board (NLTB), and most of the farmland devoted to sugar cultivation was leased, mainly to Indo-Fijians, for thirty-year periods under the provisions of the Agriculture Landlord and Tenants Act of 1976. Those leases, the bulk of which have expired over the past three to four years, are not being renewed. The Indo-Fijians are leaving farms and the ethnic Fijians are not taking up sugar farming in their place. Consequently, sugar production has fallen dramatically as land is taken out of production.
The garment sector 
The garment-producing sector is the most important industrial sector in Fiji today and can generally trace its origins to a combination of domestic incentives, the existence of the global scheme of allocated trade for textiles and apparel under the GATT’s Multifibre Arrangement and the WTO successor arrangement, and special preferential trading arrangements put in place by Australia and New Zealand under the South Pacific Regional Trade and Economic Co-operation Agreement (SPARTA). Most of Fiji’s garment factories are foreign-owned and many depend upon preferential access for their continued profitability. In the 1990s the production and export of garments grew rapidly, but in recent years the industry has been hit by three factors that could well threaten its long-term viability.
The first major problem concerns the impending end of quota arrangements under the WTO’s Agreement on Textiles and Clothing (ATC). Faced with the potential closure of many foreign-owned plants that were established in the country solely to take advantage of Fiji’s quota in developed country markets, the government in Suva has had to consider its position in the WTO. 
Alternative opportunities for the future 
Naturally enough, Fiji’s economic and trade prospects for the future are not limited to sugar and garment production; several other alternatives present themselves. In recent years, mining — mainly for gold — has accounted for as much as 3% of GDP, but a combination of technical difficulties in production and wide swings in the world price for gold has undermined the sector’s viability. Fiji is the location of the world’s largest mature mahogany plantation and the country is poised to benefit from the harvesting of this renewable resource. The exploitation of the mahogany plantation has reportedly been delayed by political infighting over how the revenue from the timber should be shared. The author was told by more than one interviewee that tensions over this question contributed to the impetus for the 2000 coup.
Lessons for others: Fiji’s approach to the loss of preferences 
Many people would argue that in the world of 2004 the sugar industry is not the industry to pursue as a means of making money. Many of them would also argue that the best course of action for a country in Fiji’s circumstances would be to get out of the industry. Such comments ignore the fact that sugar continues to be a mainstay of the Fijian economy and the country’s most important employer. 
The outlook is far more optimistic for the garment sector. While it is true that both the government and industry’s first reaction to the end of preferences has been to seek a further extension of special trading arrangements (both in Australia through SPARTECA and in the WTO through association with the Istanbul Consensus group), there are nevertheless reasons to think that Mark Halabe’s vision of Fiji as a cost-competitive niche supplier of quality garments to the Australian market is a real possibility. But that industry needs to remain focused and to take advantage of the time remaining for preferential trade to undertake needed training programs and investment in technologies contributing to efficiency gains. The Fijian government will likely need to co-operate as well. From the interviews conducted by the author, it seems that many of the garment producers now in Fiji would probably leave if the government implemented its rumored plans to end the tax-free factory scheme.
Fiji’s failure to deal effectively with skilled labor shortages that were already apparent in 1996 when the WTO Secretariat conducted its trade policy review must be viewed as a serious concern. 
Question 1

it seems that many of the garment producers now in Fiji would probably leave if the government implemented its rumored plans to end the ____factory scheme
   
both a & b
tax-free
None of the above
Tax-imposed
 
Question 2

____vision of Fiji as a cost-competitive niche supplier of quality garments to the Australian market is a real possibility
   
Mark zoon
Mark Halabe’s
All of the above
Hemmann jig
 
Question 3

Fiji’s failure to deal effectively with ___ shortages that were already apparent in 1996
   
skilled labour
Both a & c
Competition
Unskilled labour
 
Question 4

Mining mainly for gold has accounted for as much as__ of GDP
   
2%
3%
1%
4.60%

Question 5

SPARTECA stands for ____
   
Only b
South Pacific Regional Trade and Economic Co-operation Agreement
Ideology
Both a & b
 
Question 6

ATC stands for _____
   
Agreement on Textiles and Clothing
Aeronautics Theme Count
All Transport Control
Air Traffic control

Question 7

___of the land in Fiji is owned by ethnic Fijian extended families
   
87%
45%
89%
98%

Question 8

Most of Fiji’s garment factories are___ and many depend upon preferential access for their continued profitability
   
None of the above
Old
Costly
Foreign-owned

Question 9

TPRM stands for ____
   
Trunk Policy Review Method
Trade Premium Review Mechanism
Both a & c
Trade Policy Review Mechanism

Question 10

Fiji’s economy depends heavily on sugar, ____ and clothing.
   
Technology
Tourism
Tea
Rice

Full Syllabus Assessment
Case Study
Thailand: Conciliating a Dispute on Tuna Exports to the EC
Tuna is arguably one of the most well-known and abundant of fish, found in large quantities at supermarkets and convenience stores around the world. It is such a popular sight in its canned form that one may have even dissociated it from its origins as a fish, until reminded of the amusing slogan-cum-brand, ‘chicken of the sea’. As such, it is safe to say that tuna enjoys as much popularity among consumers as the humble and ubiquitous chicken.
On the production side, easy accessibility and popularity translates into big business, thriving markets and fierce competition. For producers of canned tuna, the fish is their livelihood, an important source of income and an industry of serious economic significance, contributing as it does to the national balance of payments, the employment rate and, subsequently, a productive and healthy social climate.
This case study illustrates the manner in which Thailand raised the issue and challenged the EC tariff within the framework of the Dispute Settlement Understanding (DSU) provided for in the WTO Agreement. There are three major stages to the DSU: consultation between the concerned parties, adjudication by Panels and, if necessary, the Appellate Body, and implementation of the ruling. However, it is not always necessary for every case to follow this trajectory and to be taken to Panels. In fact, the preferred path is for members to settle the dispute between themselves, through consultations.
To this end, the DSU provides good offices, conciliation and mediation which may be requested by members if consultations fail to produce an acceptable solution.
The players 
The countries concerned here are Thailand and the Philippines on the one hand and the European Community on the other. The Philippines, as a fellow ASEAN and WTO member facing similar difficulties, joined with Thailand in this landmark attempt to prove that preferential tariffs had long been impairing their economic interests, and to seek appropriate redress or compensation from the EC. For the purposes of this case study, however, the focus will remain on Thailand and its actions, although the term ‘complainants’ will be used to refer collectively to Thailand and the Philippines when necessary.
Challenges and the outcome 
The initial challenge faced by Thailand was, indeed, how to persuade the EC to enter into discussions on the matter. On 2 March 2000 the EC requested a waiver of its MFN obligations with regard to the ACP Agreement. In the eighteen months following the request until the adoption of this waiver, Thailand had on numerous occasions expressed its concerns relating to the implementation of the ACP Agreement and the negative effects that it would have on their canned tuna exports. They received no response.
At the Doha Ministerial Conference, however, a give-and-take situation presented itself. The EC-ACP Agreement could not be extended without the consensus of all WTO members in approving the adoption of the requested waiver. Realizing that Thailand would not concede, the EC agreed to hold consultations with Thailand and the Philippines (the complainants) to examine their differences. In the end, Thailand agreed to concede on the waiver, on condition that their case be taken up in an appropriate forum, with the aim of resolving the conflict of interest.
Lessons 
This is a good example of how developing country members were able to use their WTO rights to secure more equitable treatment from a developed country trading partner. Once the positive resolution had been reached, EU Trade Commissioner Pascal Lamy travelled to Bangkok to inform Thailand’s Minister of Commerce, Adisai Bhodharamik, an indication of continued good relations between the two trading partners. Indeed, Chanintr emphasized that, although the tariff situation was of great importance to its canned tuna industry and national interests, Thailand made a conscious effort to maintain good relations with the EC throughout the proceedings. 
Question 1

The EC-ACP Agreement could not be extended without the consensus of all ___ members
   
all of the above
WTO
UNESCO
Both a & b

Question 2

On 2 March ___ the EC requested a waiver of its MFN obligations with regard to the ACP Agreement.
   
1989
2006
2000
2008

Question 3

There are three major stages to the DSU: consultation between the concerned parties, ______and the Appellate Body, and implementation of the ruling
   
both b & c
adjudication by Panels
Board of conciliation
Expert panel

Question 4

EU Trade Commissioner ___
   
Assrohm
Pascal Lamy
kim cheggs
Kyle monn
 
Question 5

___is arguably one of the most well-known and abundant of fish, found in large quantities at supermarkets and convenience stores around the world
   
Tuna
dolphin
Junkyard
octopus

Question 6

Tuna enjoys as much popularity among consumers as the humble and ubiquitous ____
   
Fish
chicken
all of the above
Both a & b
 
Question 7

DSU provides good offices, conciliation and___ which may be requested by members if consultations fail to produce an acceptable solution 
   
mediation
none of the above
Support
ventilation

Question 8

____agreed to concede on the waiver, on condition that their case be taken up in an appropriate forum, with the aim of resolving the conflict of interest.
   
Thailand
Europe
Pataya
Bangkok

Question 9

DSU stands for ___
   
Dispute Settlement Unit
Distance Safe Zone
Delhi Safety Unit
Dispute Settlement Understanding

Question 10

The ____as a fellow ASEAN and WTO member facing similar difficulties joined with Thailand
   
Malaysia
Hongkong
Philippines
Both a & b
 

Course Summary Assessment