Caribbean Trade Law and Development

Category: Trade Policy

  • Caribbean Trade & Development News Digest – July 7 – 13, 2019

    Caribbean Trade & Development News Digest – July 7 – 13, 2019

    Welcome to the Caribbean Trade & Development News Digest for the week of July 7-13, 2019! We are happy to bring you the major trade and development headlines and analysis from across the Caribbean Region and the world from the past week.

    THIS WEEK’S HIGHLIGHTS

    In this week’s headlines, fifteen countries in the West African regional bloc ECOWAS have agreed to adopt a single currency called the ECO next year. Regionally, Jamaica aims to deepen its trade and other bilateral relations with the Cayman Islands, while Barbados has its eye on investment opportunities in Guyana.

    REGIONAL NEWS

    Jamaica – Cayman Islands to strengthen trade, bilateral relations

    Caribbean News Now: Jamaica is moving to improve trade relations with the Cayman Islands, prime minister Andrew Holness said speaking to the Jamaican diaspora in the Cayman. Read more

    WTO ‘devastating’ for farmers and fisheries

    Tribune 242: Becoming a full World Trade Organisation (WTO) member will be “devastating” for Bahamian farmers because they are “not prepared” for the competitive demands of liberalised trade regimes. Caron Shepherd, president of the Farmers United Cooperative, told Tribune Business. Read more

    Barbados seeking to encourage investments in Guyana

    Jamaica Observer: The Barbados Government is seeking to lure local investors to invest in Guyana, which is the world’s second-largest stock market, NASDAQ last month named as the fastest growing economy in the world. Read more

    Investment potential in Guyana

    Barbados Today: Investment opportunities in Guyana worth millions of dollars appear to have captured the attention of dozens of workers and entrepreneurs eager to tap into its growing market. Read more

    Antigua PM Reports Positive Talks On Ownership In Scotiabank Country Branch

    Jamaica Gleaner: The Antigua & Barbuda government is reporting positive feedback to a proposal that would allow it to own at least 40 per cent of the local Scotiabank operation, under a regional transaction in which the Canadian owner is offloading some of its Caribbean assets to Republic Financial Holdings Limited. Read more

    Antigua – Barbuda and the Dominican Republic forge closer relations: Embassy to break ground soon

    Caribbean News Now: Prime Minister Gaston Browne fulfilled a promise made three years ago to the president of the Dominican Republic to transfer one acre of land for the construction of an embassy and residences for the Dominican Republic in St John’s, presented the land certificate to foreign affairs minister of the Dominican Republic, Chancellor Miguel Vargas who paid an official visit to Antigua and Barbuda over the weekend. Read more

    Statistical Capacity-Building Underway in CARICOM Member States

    CARICOM: The Caribbean Community (CARICOM) has embarked on a series of exercises across the Region as it steps up its efforts to build capacity in statistics. The Community is working towards providing robust, quality statistics to inform and advance its development thrust. Read more

    Caribbean Countries to Benefit from Access to Insurance for the Fisheries Sector

    OECS: CCRIF SPC and the World Bank are pleased to announce that on July 1, the Facility issued the Caribbean Oceans and Aquaculture Sustainability FaciliTy (COAST) fisheries parametric insurance policy to two of its member governments – Grenada and Saint Lucia. Read more

    INTERNATIONAL NEWS

    ECOWAS West African nations to adopt unified ‘eco’ currency

    IOL: The Economic Community of West African States announced at the end of its summit in Abuja, Nigeria, that it would be adopting the ECO as its shared currency by 2020. Read more

    France passes tax on tech giants despite US threats

    BBC: France has approved a digital services tax despite threats of retaliation by the US, which argues that it unfairly targets American tech giants. The 3% tax will be levied on sales generated in France by multinational firms like Google and Facebook. Read more

    Trump-China Trade Tensions Hit Panama Canal Revenues

    Bloomberg: Cargo from the U.S. to China going through the key waterway has slumped this year as the Asian giant cuts its imports of American food and fuel, according to Panama Canal Authority CEO Jorge Luis Quijano. Read more

    Beijing to impose sanctions on US firms involved in US$2.2 billion Taiwan arms deal

    South China Morning Post: Beijing said on Friday it will issue sanctions against the US companies involved in the latest arms sale to Taiwan, as tensions between China and the United States continue to rise. Read more

    US tells Britain: Fall into line over China and Huawei, or no trade deal

    Telegraph: Donald Trump’s negotiators have signalled that the next prime minister’s hopes of a post-Brexit trade deal with the United States rest on his willingness to fall in line with tough American policies against the Chinese telecoms giant Huawei. Read more

    EU-Mercosur trade agreement: The Agreement in Principle and its texts

    EU: In view of the Commission’s transparency policy, the Commission is publishing the texts of the Trade Part of the Agreement following the agreement in principle announced on 28 June 2019. Read more

    Nigeria signs Africa free trade agreement: statement

    Reuters: Nigerian President Muhammadu Buhari has signed up to the $3 trillion Africa free trade agreement, a spokesman confirmed on Sunday. Read more

    African Leaders Launch First Continental Trade Agreement

    VoA: Leaders discussed “operational” parts of the agreement at a recent gathering of the African Union in Niger. The deal had been under discussion since 2002 and a general agreement to form the trade area was reached in March. Read more

    Canada posts rare trade surplus as exports to U.S. hit record high

    Financial Post: Canada’s trade balance unexpectedly swung into surplus for the first time in 10 months on a broad-based jump in exports, adding to evidence the economy has returned to a more solid footing. Read more

    Germany Sees 50% Chance for EU-U.S. Trade Deal, Possibly in 2019

    Bloomberg: German Economy Minister Peter Altmaier sees a 50% chance of the European Union striking a trade agreement on industrial goods with the U.S., possibly this year. Read more

    A Deeper Look at Vietnam’s Trade Deal With Europe

    The Diplomat: The EU’s drive to become the defender of multilateralism promises further opportunities for Southeast Asia. Read more

    What is GATT 24: What is the WTO clause at the centre of Andrew Neil’s grilling of Boris Johnson

    Independent: Boris Johnson was taken to task by the BBC’s Andrew Neil over his knowledge of GA​TT 24 – the clause in WTO rules he believes could allow the UK to continue to trade freely with the EU in a no deal scenario. Read more

    Australia steps up sugar trade fight with India, moves WTO

    Hindu Business Line: Australia has intensified its sugar related dispute with India by formally asking World Trade Organisation (WTO) to set up a panel to probe if the world’s second-largest sugar producer was breaching its obligations, a media report said Friday. Read more

    Japan denies imposing South Korean trade embargo at WTO

    Reuters: Japan denied imposing a trade embargo on South Korea on Tuesday, after a complicated diplomatic dispute that could disrupt global supplies of chips and smartphones erupted over forced labor in World War Two and banned trade with North Korea. Read more

    Global trade: Making a start for WTO reforms

    Financial Express: Members desirous of preventing disruption of the appellate process in WTO disputes would enter into a plurilateral accord providing for appeal arbitration. Read more

    Boris Johnson’s Brexit plan for businesses dismissed by head of WTO

    Independent: The head of the World Trade Organisation has blown a hole in Boris Johnson’s Brexit plans as Conservative members vote on whether he should become party leader and prime minister. Read more

    Brazil escalates WTO dispute over India sugar subsidies that distort global sugar markets

    Business Today: The Brazilian government said on Thursday it had asked the World Trade Organization to establish a panel aimed at resolving its dispute over Indian sugar subsidies, according to a joint statement by the foreign and agriculture ministries. Read more

    India involved in 14 disputes at WTO currently, says Piyush Goyal

    Business Standard: At present, India is involved in 14 WTO disputes, all of which are being handled by domestic law firms. Read more

    USTR Announces Fiscal Year 2020 WTO Tariff-Rate Quota Allocations for Raw Cane Sugar, Refined and Specialty Sugar and Sugar-Containing Products

    USTR: The Office of the U.S. Trade Representative today announced the country-specific and first-come, first-served in-quota allocations under the tariff-rate quotas (TRQs) on imported raw cane sugar, refined and specialty sugar and sugar-containing products for Fiscal Year (FY) 2020 (October 1, 2019 through September 30, 2020). Read more

    USTR Announces Initiation of Section 301 Investigation into France’s Digital Services Tax

    USTR: On July 10, 2019, the United States Trade Representative (USTR) initiated an investigation under Section 301 of the Trade Act of 1974 of the Digital Services Tax (DST) of the Government of France. Read more

    WTO NEWS

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  • Trinidad & Tobago receives largely positive feedback during latest WTO Trade Policy Review

    Trinidad & Tobago receives largely positive feedback during latest WTO Trade Policy Review

    Alicia Nicholls

    On May 22 and 24, 2019, the Republic of Trinidad & Tobago underwent the fourth review of its trade policies and practices under the World Trade Organization (WTO) Trade Policy Review Mechanism. Trade Policy Reviews are the process by which the trade practices and policies of each WTO member are collectively evaluated by the WTO Membership (acting as the Trade Policy Review Body) at periodic intervals. Trinidad & Tobago is reviewed every six years and previously underwent reviews in 2012, 2005 and 1998.

    In April this year, the Trade Policy Review Mechanism celebrated 30 years of existence. It is an important aspect of the WTO’s monitoring function and aims to periodically evaluate the impact of each Member’s trade policies and practices on the multilateral system, thereby ensuring accountability, predictability and transparency of the rules-based multilateral trading system.

    An independent report prepared by the WTO Secretariat and a report by the WTO member being reviewed form the basis of the review. Trade Policy Reviews are a detailed and lengthy process which begin many months in advance of the actual meetings in Geneva. In January 2019, a WTO Review team visited Trinidad & Tobago and consulted with various government and private sector stakeholders. This week a delegation from Trinidad & Tobago which was led by H.E. Senator Paula Gopee-Scoon, Minister of Trade and Industry of Trinidad & Tobago and comprised five technical members, was in Geneva, Switzerland for the period May 20-24 to attend the review meetings at the WTO.

    Trinidad & Tobago received largely positive feedback for the current review period (2012-2019). According to the concluding remarks by the Chairperson, more than 200 questions were submitted by 15 Members. The questions and answers are usually available six weeks after the review process is completed. The Chairperson’s concluding remarks noted that Trinidad & Tobago provided answers to all the written questions submitted in advance of the meeting.

    The Chairperson’s concluding remarks listed the areas in which WTO Members appeared to be pleased with Trinidad & Tobago’s performance, including the return to economic growth after a period of recession, the steps taken to improve its government procurement regime through the passage of the Public Procurement and Disposal of Public Property Act, the modernization of its customs infrastructure and the introduction of a single electronic window in 2012 and the introduction of a new online payment system for import tariffs and other taxes and fees in 2019. They also praised the twin island Republic’s active participation in the WTO, its acceptance of the Protocol Amending the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in 2013 and its ratification of the Trade Facilitation Agreement in 2015.

    Trinidad & Tobago was encouraged by some Members to join the Information Technology Agreement (ITA) and to become an observer to the Agreement on Government Procurement. Other areas suggested for improvement include facilitation of access to visas and foreign exchange, improving the regime for Sanitary and Phyto-sanitary Standards (SPS) and providing further information on enforcement actions for intellectual property rights. Some Members also encouraged Trinidad & Tobago to notify its announcement of an import ban on plastics from 2019 to the Committee on Technical Barriers to Trade to allow comments from Members.

    Members, however, raised some areas of particular concern. On the issue of tariffs, they noted, for example, that the applied Most Favoured Nation (MFN) rate exceeded the country’s bound rate on 59 tariff lines in 2018, up from 50 in 2011 during its last review. Another area of concern for Members was while the import surcharges imposed in 1990 were supposed to be temporary, the Government had continued to apply new import surcharges. Members also noted that Trinidad & Tobago’s notifications were either not up to date or outstanding in some areas, but were pleased to learn that the country made a formal request for technical assistance on notifications.

    While Trade Policy Reviews are an often intensive exercise for the Member being reviewed, they are an important opportunity for WTO Members to query other Members’ trade policies and practices, as well as for Members themselves to receive objective periodic feedback on their adherence to rules, disciplines and commitments under the WTO’s agreements, as well as on their general trade and investment framework. This feedback could be useful to Governments seeking to make business and investment facilitation reforms to improve their competitiveness and investment attraction.

    The Secretariat’s detailed report contains extensive information on the overall business environment of the Member reviewed for the review period, including its macroeconomic environment, its legal and regulatory framework for trade and investment and trade policies and practices by measure and by sector. As such, trade policy review documents are often rich initial sources of information for businesses and investors interested in doing business or investing in a particular economy.  

    Once Trinidad & Tobago submits its replies within a month’s time to any follow up questions raised during the meeting, the Trade Policy Review will have been successfully concluded.

    The documents from Trinidad & Tobago’s latest review may be accessed here. Also visit the website of the Ministry of Trade and Industry for press releases related to the review here.

    Alicia Nicholls, B.Sc., M.Sc., LL.B., is an international trade and development consultant with a keen interest in sustainable development, international law and trade. You can also read more of her commentaries and follow her on Twitter @LicyLaw.

    DISCLAIMER: All views expressed herein are her personal views and do not necessarily reflect the views of any institution or entity with which she may be affiliated from time to time.

  • Text of UK-CARIFORUM EPA Published

    Text of UK-CARIFORUM EPA Published

    Alicia Nicholls

    The text of the United Kingdom-CARIFORUM Economic Partnership Agreement (UK-CARIFORUM EPA) has finally been published online. Whether you are a trade policy nerd or simply a business person concerned about the continuity of trade preferences between the UK-CARIFORUM countries post-Brexit, you would be forgiven for anxiously awaiting the release of the text.

    Brexit Day (which was to have been March 29, 2019) has passed and the UK remains an EU member and no closer to any certainty regarding its future trading relationship with the EU-27 post-Brexit.  The UK government has requested a further extension to June 30, 2019 in hopes of getting British MPs to back the Draft Withdrawal Agreement which they rejected three times already.

    Brexit chaos aside, on March 22, 2019, it was announced that the UK and CARIFORUM countries had signed a trade continuity agreement called the UK-CARIFORUM Economic Partnership Agreement which would preserve the preferences between the UK and CARIFORUM currently under the CARIFORUM-EU EPA. The CARIFORUM-EU EPA has been provisionally applied since 2008.

    This means that CARIFORUM is one of the handful of trading partners with which the UK has managed to so far conclude trade continuity agreements. The UK is the most important trading partner in the EU for CARIFORUM countries and CARIFORUM leaders quickly recognised the need to ensure the continuity of trading conditions post-Brexit between the UK and CARIFORUM States.

    The UK-CARIFORUM EPA was signed by the UK and nine CARIFORUM States (Barbados, Belize, The Commonwealth of Dominica, Grenada, The Republic of Guyana, Jamaica, St. Christopher & Nevis, St Lucia and St Vincent and the Grenadines) on March 22, 2019. Trinidad & Tobago signed on April 1, 2019, while the remaining CARIFORUM States have indicated they will sign shortly.

    As it currently stands, UK-CARIFORUM trading relations remain governed by the CARIFORUM-EU EPA, and the UK-CARIFORUM EPA is only expected to take effect once the CARIFORUM-EU EPA no longer applies to the UK. For it to enter into force, ratification will be needed by each of the parties. The Agreement’s utility stems from the fact that it ensures the continuity of preferential trading relations between the UK and CARIFORUM States once the UK leaves the EU, particularly in the case of a no-deal Brexit.

    The UK-CARIFORUM Economic Partnership Agreement replicates the provisions of the CARIFORUM-EU EPA to the extent possible, including its development cooperation provisions. It also establishes a Joint CARIFORUM-UK Council with responsibility for implementing the Agreement, as well as a CARIFORUM-UK Trade and Development Committee. For further information, please feel free to read my commentary on it here: UK-CARIFORUM Economic Partnership Agreement: What does it all mean?

    The text of the UK-CARIFORUM Economic Partnership Agreement may now be found  online here.

    Alicia Nicholls, B.Sc., M.Sc., LL.B., is an international trade and development consultant with a keen interest in sustainable development, international law and trade. You can also read more of her commentaries and follow her on Twitter @LicyLaw.

     

  • Accelerating Gender Mainstreaming in CARICOM Trade Policy

    Accelerating Gender Mainstreaming in CARICOM Trade Policy

    Dr. Jan Yves Remy and Alicia Nicholls

    While we can all agree that trade offers the potential for inclusive and sustainable growth in small Caribbean states, deployment of a successful trade strategy requires recognition and ultimately monitoring of its differentiated impacts on women and men. Despite immense strides made in empowering women, they remain under-represented in global trade and are disproportionately affected by international competition and technological changes.

    On the occasion of International Women’s Day 2019, we highlight the link between trade and gender and make the case that accelerating gender mainstreaming in trade policies of CARICOM Member States promotes not just gender equality, but inclusive growth as well.

    Gender Equality and Development Nexus

    Under the United Nations Sustainable Development Goal 5, the international community has committed to achieving gender equality and empowering all women and girls by 2030. Not only is enhancing women’s equality and economic empowerment a human right, but the removal of legal and other barriers to women’s economic inclusion has a multiplier effect in the economy due to women’s dual role as caregivers and economic actors. World Bank research has found that women invest up to 90% of their income in their families, with positive spill-overs for their communities and the economy. A recent Mckinsey Global Institute Report found that advancing women’s equality could add $12 trillion to global GDP by 2025.

    Despite this compelling data, and although they account for half of the world’s working age population, women remain under-represented in international trade on account of their unequal access to factors of production and inbuilt gender biases. A recently released World Bank Report entitled “Women Business and the Law 2019” found that out of 187 countries globally, women had equal legal rights to men in only 6.

    Gender and Trade Nexus

    Trade policies are not necessarily gender neutral: they impact women and men differently at both the country and sectoral levels. Recognizing this, a policy of “gender mainstreaming” aims to promote gender equality by integrating gender considerations in the preparation, design, implementation and monitoring of policies.

    Trade creates opportunities for women’s empowerment by creating both employment and business opportunities, but it can also alienate them. For example, while e-commerce can improve women’s access to foreign markets, increased competition through trade liberalisation can displace and marginalize women in agriculture. Because they are both caregivers and economic actors, women often have less time on average than men to engage in entrepreneurial and exporting activities. At the same time, their access to market information is often lower due to fewer networks and lower education levels. Knowing this, ex ante gender-based analysis can assist policymakers to avoid negative gender impacts of policies that they implement.

    A number of international institutions have developed programmes to increase women’s inclusion in trade. For instance, the International Trade Centre (ITC) has created a She Trades electronic platform; and the World Trade Organization (WTO), at its Buenos Aires Ministerial Conference in 2017, adopted a Joint Declaration on Trade and Women’s Economic Empowerment. Regionally, the Caribbean Export Development Agency’s Women Empowered Through Export (We-Xport) initiative supports Caribbean businesswomen looking to export for the first time or to increase their goods and services exports.

    But there is still lots to do in CARICOM. Despite the fact that CARICOM Member States are signatory to a plethora of international treaties aimed at the empowerment of women, their trade policies are to a large extent being enacted and maintained in the absence of evidence and data that is timely, comparable and sex-disaggregated. Mainstreaming gender into CARICOM countries’ trade and development policy-making would help to ensure that initiatives under the CARICOM Single Market and Economy (CSME) and CARICOM’s trade negotiations with third parties are gender-sensitive. It is, therefore, a welcome development that Belize’s recently launched National Trade Policy (2019-2030) incorporates gender equality as a cross-cutting issue. Another praiseworthy development is that in February 2019, it was announced that national consultations were underway on a draft CARICOM Regional Gender Equality Strategy to advance gender equality and equity and the empowerment of women and girls in each of the fifteen CARICOM Member States.

    How can CARICOM Member States promote Gender Mainstreaming in Trade?

    Based on the above, we recommend the following ways in which CARICOM’s trade policies may be more gender-sensitive:

    • Mainstreaming gender in the design and implementation of National Trade Policies. Belize’s new National Trade Policy can serve as a good model;
    • Gender sensitivity training of key technocrats charged with formulating, implementing and monitoring trade and economic policies and their gendered impact. Gender-based policy making and monitoring will require greater resource allocation to the agencies charged with gender affairs;
    • Enlisting the assistance of civil society and the private sector in designing trade policies and measuring their impact;
    • Increasing specific programmes in Member States’ aimed a promoting women’s entrepreneurship and export activities through capacity-building, improving their access to finance and to trade information;
    • Promoting greater inclusion of gender provisions in CARICOM’s free trade agreements (FTAs). The most far-reaching of these FTAs like the Canada-Chile and Chile-Uruguay FTAs, contain dedicated trade and gender chapters. CARICOM’s trade agreements, however, are generally sparse on gender provisions;
    • Continued lobbying of regional policy makers to honour the commitments they have made both regionally and internationally to promote gender equality, particularly their reporting and gender mainstreaming commitments.

    International Aid for Trade programming is becoming increasingly gender-focused. With foreign donors increasingly making gender an important plank of their aid strategies, CARICOM governments seeking development assistance are increasingly under pressure to include gender considerations. However, gender mainstreaming is not just about ensuring CARICOM Member States meet their international treaty obligations or increase their access donor to funding. When properly implemented, gender-sensitive trade policies promote women’s empowerment, eradicate poverty and foster inclusive growth.

    Dr. Jan Yves Remy is the Deputy Director of the University of the West Indies, Cave Hill’s Shridath Ramphal Centre for International Trade Law, Policy & Services. Alicia Nicholls is an international trade and development consultant and contributing author to the UWI SRC’s Trading Thoughts column.