Caribbean Trade Law and Development

Tag: Trade Policy Review Mechanism

  • Barbados’ trade policies up for WTO review next week

    Barbados’ trade policies up for WTO review next week

    Alicia Nicholls

    On October 25 and 27, 2022 Barbados will undergo its fourth trade policy review at the World Trade Organization (WTO). Trade Policy Reviews are part of the WTO’s trade policy review mechanism whereby all WTO members’ trade policies and practices are periodically reviewed. A country’s share in world trade is the determining factor for the frequency of its reviews. Barbados’ three previous trade policy reviews were in 2002, 2008 and 2014. These reviews are a critical part of the WTO’s transparency function.

    WTO members, meeting as the Trade Policy Review Body on October 25 and 27, will review two documents: the WTO Secretariat’s Report and the report from the Government of Barbados. During the meeting, Members will have the opportunity to raise questions and seek clarity from the Barbados delegation on various issues relating to the country’s trade policies and practices. The rules of procedure for the TPRB can be accessed here.

    The TPR reports are made publicly available and are a rich source of information for trade analysts and potential investors of a country’s trade policies and its general trading and macroeconomic environment. The TPRB chairperson’s concluding remarks are released shortly after. The minutes of the meeting, as well as members questions, are also released about six weeks after the conclusion of the review.

    With regard to other CARICOM Member States up for review this year, Guyana had its most recent trade policy review in March and the Dominican Republic’s latest will be in December.

    Alicia Nicholls, B.Sc., M.Sc, LL.B. is an international trade specialist and founder of the Caribbean Trade Law and Development blog http://www.caribbeantradelaw.com.

  • Guyana undergoes fourth WTO Trade Policy Review

    Guyana undergoes fourth WTO Trade Policy Review

    Alicia Nicholls

    On March 2 and 4, Guyana underwent its fourth trade policy review at the World Trade Organization (WTO). The trade policy review mechanism (TPRM) is an important component of the WTO’s work to ensure transparency in the rules-based multilateral trading system. Under the TPRM, all WTO members’ trade policies and practices are reviewed at regular intervals. The frequency of a member’s review depends on the member’s share of world trade. Guyana’s previous review was in 2015.

    The WTO’s full membership, meeting in its capacity as the Trade Policy Review Body (TPRB), discusses both the WTO Secretariat report and a policy statement by the government of the member under review which form the basis of the review. Guyana’s delegation was headed by the Honourable Mr. Deodat Indar, Minister within the Ministry of Public Works.

    The Chairperson’s concluding remarks at the end of Guyana’s TPR provide useful insights on some of the issues and comments raised by members during the review process. According to the Chairperson’s remarks, “Guyana received 162 written questions from 10 Members, and has already responded to the majority of them”. 

    Members commended Guyana for its impressive economic growth buoyed by recent oil discoveries, while also acknowledging the on-going challenges such as those posed by the COVID-19 pandemic. Members also applauded Guyana’s active participation in, and contribution to, the work of the multilateral trading system, the country’s commitment to improving its business environment, combatting illegal logging and strengthening forest governance and efforts towards good governance and inclusive and sustainable development. Members also expressed interest in Guyana’s new copyright legislation and its plans to modernize intellectual property laws.

    Members outlined some areas for greater improvement, such as its business environment, increasing transparency in its government procurement practices, engaging in regulatory reforms for improving its service sector and the longstanding situation where some applied tariff rates exceeded their corresponding bound rates. Questions were also raised about Guyana’s recent local content law and how the framework might affect existing joint ventures and create additional barriers to foreign investment.

    The documents from Guyana’s review may be accessed here.

    Alicia Nicholls, B.Sc., M.Sc., LL.B. is a trade and development specialist and founder of the CaribbeanTradeLaw blog http://www.caribbeantradelaw.com.

  • 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.

  • Report of Haiti’s 2nd WTO Trade Policy Review now online!

    Alicia Nicholls

    Following up to my previous article, Haiti has completed its second WTO Trade Policy Review which took place this week December 2nd-4th. The report of Haiti’s second review is now online.

    Haiti’s Economic and Trade Performance

    Some of the key summary points from the 2015 report in regards to Haiti’s economic and trade performance are as follows:

    • Haiti’s economy has been recovering slowly since the devastating earthquake in January 2010.
    • The fiscal deficit is largely financed by external grants and poses a considerable problem for medium-term expenditure sustainability.
    • The Haitian Government has implemented a set of measures to increase revenues and reduce the level of expenditure.
    • Haiti has maintained a large trade deficit for many years.
    • Remittances sent by Haitian workers living abroad are the main source of foreign exchange in the domestic economy.
    • Haiti’s main exports are textiles and clothing.
    • Services contribute around 56% of GDP.
    • Financial services still make only a modest contribution to GDP, although banking institutions have rapidly increased their holdings in recent years.

    Haiti’s Trade Policy Framework

    Some of the summary points in regards to its trade policy framework are as follows:

    • Generally speaking, Haiti’s trade and investment laws are relatively old.
    • Haiti has not signed any of the WTO plurilateral agreements.
    • Haiti receives non-reciprocal preferential treatment from a number of developed countries under the Generalised System of Preferences (GSP) and is also a member of the Caribbean Community (CARICOM).
    • Tariffs are still among Haiti’s principal trade policy tools, as well as being an important source of income, since customs revenue accounts for around one third of fiscal revenue each year.
    • There have been no major changes to the export regime since the previous Trade Policy Review.
    • Haiti has no legislation on competition, standardization or contingency trade measures.
    • Although a major step forward was made with the adoption of the legislation on copyright and related rights, the system of intellectual property protection remains weak, however, and trademarks are frequently infringed.
    • The agricultural sector continues to play a key role in food security and employment.The mining sector makes only a marginal contribution to GDP, despite its considerable potential.
    • Contributing to the majority of Haiti’s exports, the manufacturing sector’s contribution to GDP has remained relatively stable over recent years, at around 8%.

    The full WTO Secretariat report, the Government report and other documents from Haiti’s second trade policy review may be accessed here.

    Alicia Nicholls, B.Sc., M.Sc., LL.B. is a trade and development consultant with a keen interest in sustainable development, international law and trade. Please note that the views expressed in this article are solely hers. You can also read more of her commentaries and follow her on Twitter @LicyLaw.