Caribbean Trade Law and Development

Tag: WTO

  • Caribbean Trade & Development News Digest – November 10-16, 2019

    Caribbean Trade & Development News Digest – November 10-16, 2019

    Welcome to the Caribbean Trade & Development News Digest for the week of November 10-16, 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

    The BRICS held their 11th Summit on November 14th in Brasilia, Brazil. Have a read of the summit declaration here.

    Coming up this week, Ministers of Trade in the Caribbean Community (CARICOM) will gather in Georgetown, Guyana, 18-19 November, for the 49th Regular Meeting of the Council for Trade and Economic Development (COTED).

    REGIONAL NEWS

    Check to see if CARICOM still relevant to Guyana

    Stabroek: The Georgetown Chamber of Commerce and Industry (GCCI) believes Guyana must review its place in CARICOM and decide whether it is beneficial to remain part of the block, and that the country should leverage the looming opportunities in the petroleum sector to secure better trade arrangements with sister States. Read more

    The Bahamas on the road to recovery

    UNDP: Catastrophic winds and storm surge have long since receded in the Bahamas, but the devastation caused by this summer’s Category Five Hurricane Dorian, the strongest in the country’s history, has left the islands staggering. Read more

    CDB, CARICOM in Pact to Expand Single Market

    St Kitts & Nevis Observer: The Caribbean Development Bank (CDB) and the Caribbean Community (CARICOM) have signed a memorandum of understanding (MoU) that will seek to facilitate regional integration and the expansion of the CARICOM Single Market and Economy (CSME). Read more

    Caricom sugar producers want 40% CET on imports

    Trinidad Daily Express: The Caribbean sugar industry is at a crossroads. Free market pressures, operational inefficiencies and sugar producers’ inability to meet manufacturers’ demand for refined white sugar have been a major source of frustration, resulting in an over-reliance on extra-regional sugar imports. Read more

    CARICOM SG calls for more affordable disaster insurance

    Stabroek: Secretary-General of the Caribbean Community (CARICOM) Irwin LaRocque wants the cost of natural disaster insurance to be more affordable. Read more

    INTERNATIONAL NEWS

    28 developing nations back India on OECD tax proposal

    Livemint: A group of 28 developing nations has backed India’s opposition to a set of new global rules for taxing tech giants being brokered by the Organisation for Economic Cooperation and Development. Read more

    BRICS Leaders Call for ‘Urgent’ Need to Reform UN, WTO, IMF to Address Issues of Developing Countries

    News18: Emphasising on their commitment to shape a more fair, just, equitable and representative multipolar international order, BRICS leaders underlined the imperative that international organisations be fully driven by member states and promote the interests of all. Read more

    BRICS summit condemns protectionism and pledges to overcome challenges faced by multilateralism

    Mercopress: Five of the biggest emerging economies railed against protectionism on Thursday as they vowed to overcome “significant challenges” facing multilateralism, in a swipe at US tariffs and unilateral action. Read more

    Pacific States to meet in Fiji

    Pacific Scoop: From 19 to 21 November, government officials from the Pacific region, together with the President of the Human Rights Council, Coly Seck of Senegal, and other representatives from Small Island Developing States (SIDS), will gather in Nadi, Fiji to explore ways to strengthen the participation of SIDS in the 47-member Council aiming to improve human rights conditions in their countries and in the region. Read more

    WTO rejects most of India’s claims against US steel duties

    Al Jazeera: The World Trade Organization also said the United States must bring a legislative provision into line with WTO rules. Read more

    U.S. Raises Prospect of Blocking Passage of WTO Budget

    Bloomberg: The Trump administration ratcheted up its pressure on the World Trade Organization by raising the possibility of blocking the approval of the institution’s biennial budget and effectively halting its work starting next year. Read more

    WTO members warn on post-Brexit market access

    RTE: World Trade Organization members have demanded compromises from the EU and Britain to ensure foreign businesses do not lose market access in post-Brexit trade. Read more

    Here’s What It Means to Be a WTO Developing Country

    WashingtonPost: President Donald Trump says it’s not fair for China to receive preferential trade benefits as a developing nation at the World Trade Organization. Trump’s argument is that China — the largest economy in the world after the U.S. — should not enjoy the kind of preferential trade treatment that’s really intended to bolster much poorer nations. Read more

    Australia and others ask for Brexit trade compensation

    BBC: Countries including Australia have asked for trade compensation from the UK and the EU over Brexit disruption. Read more

    Fifteen countries including Brazil, asking for trade compensations from UK/EU Brexit disruption

    Mercopress: Countries including Australia have asked for trade compensation from the UK and the EU over Brexit disruption. Fifteen countries, including the US, India and New Zealand, have been setting out Brexit concerns at a World Trade Organization (WTO) meeting in Geneva. Read more

    European Union launches WTO trade dispute against Colombia’s unfair duties on frozen fries

    EU: The EU has today brought a dispute to the World Trade Organization (WTO) against unlawful anti-dumping measures imposed by Colombia on frozen fries from Belgium, Germany and the Netherlands. Read more

    Jack Ma Sees E-Commerce as Africa’s Big Business Opportunity

    Bloomberg: Jack Ma, the co-founder of Alibaba Group Holding Ltd., said African entrepreneurs will find countless opportunities in e-commerce, logistics and e-payments as the continent prepares for the start of a free-trade deal. Read more

    Feature: Xi spearheads closer China-LatAm cooperation for common prosperity

    XInhua: China and Latin America sit on the opposite sides of the globe, but the formidably vast Pacific Ocean that separates them did not stop them from sharing a long history of exchanges. Read more

    STRAIGHT FROM THE WTO

    NEW ON THE CTLD BLOG

    The Caribbean Trade & Development Digest is a weekly trade news digest produced and published by the Caribbean Trade Law & Development Blog. Liked this issue? To read past issues, please visit here. To receive these mailings directly to your inbox, please subscribe to our Blog below:

  • Caribbean Trade & Development Digest – October 27- November 2, 2019

    Caribbean Trade & Development Digest – October 27- November 2, 2019

    Welcome to the Caribbean Trade & Development News Digest for the week of October 27-November 2, 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.

    THE WEEK’S HIGHLIGHTS

    ASEAN held its 35th Summit in Thailand on November 2-3. The chair’s statement may be read here. Any hopes of a RCEP deal before the end of this year appear to have been dashed. Read more

    On the Brexit front, the EU has given the UK an extension until January 31st. The UK will also hold a general election on December 12.

    CARICOM representatives will meet in Barbados on Monday, November 4 to discuss the CARICOM Single Market and Economy (CSME). There will also be a Public Town Hall on the CSME that evening.

    REGIONAL NEWS

    Regional consultation on CSME

    BarbadosToday: As Barbados leads efforts to ensure that the CARICOM Single Market and Economy (CSME) is implemented in the region, a special stakeholders’ conference on the subject will take place on Monday, November 4. Read more

    CCJ to give CSME ruling within ‘reasonable time’

    Jamaica Observer: The Caribbean Court of Justice (CCJ) says it will give an opinion “within a reasonable time” as it concluded hearing arguments in the request for an advisory opinion by the Caribbean Community (CARICOM) that could have implications for the CARICOM Single Market and Economy (CSME) that allows for the free movement of goods, skills, labour and services across the region. Read more

    Bahamas’ $75 Million Spiny Lobster Fishery Has Been Set Back Years In The Wake Of Hurricane Dorian

    Forbes: Hurricane Dorian, which battered the Bahamas between September 1st and 3rd 2019, has devastated the islands’ $75 million Caribbean spiny lobster fishery. Read more

    CCJ grappling with advisory opinion on whether CARICOM states can opt out of free movement categories

    Stabroek News: The Caribbean Court of Justice (CCJ) yesterday held the first of two hearings, its first ever advisory opinion proceedings, which concern whether a member state of the Caribbean Community (CARICOM), may opt out of a decision of the Conference of Heads of Government to extend the class of workers allowed to move work freely across CARICOM, and the legal effect of such opting out. Read more

    Central Bank exploring ‘early introduction’ of digital currency on Abaco post-Dorian

    EyeWitnessNews: The Central Bank is exploring whether to bring about an early introduction of digital Bahamian currency on Abaco to enable rapid financial service recovery Central Bank Governor John Rolle said yesterday. Read more

    Barbados exploring ways to widen trade with CARICOM countries

    RJRNews: Barbados is exploring opportunities for development in a wide range of areas in Guyana and Suriname as it responds to a call to deepen trade between member countries of CARICOM. Read more

    Bartlett calls for investment beyond hotel rooms

    Jamaica Observer: Minister of Tourism, Edmund Bartlett has made a call for investment in the tourism industry to go beyond the development of hotel rooms and other infrastructure. Read more

    INTERNATIONAL NEWS

    Global trade: for the people, by the people – Why the world still needs a rules-based trading system

    Medium: For those of us interested in trade issues and global trade sustainability, the World Trade Organization (WTO) Public Forum , held yearly at the WTO Secretariat in Geneva, Switzerland is THE place to be in early October. Read more of this article by trade lawyer Magda Theodate here.

    Angela Merkel calls for ‘fresh attempt’ at EU-India trade deal

    Deutsche Welle: German Chancellor Angela Merkel wrapped up her trip to India with the announcement of a billion-euro investment into green projects in the country. Merkel placed climate change at the center of her talks in India. Read more

    Trade between Iran, EU at nearly €3.5b in 8 months

    Tehran News: According to the latest data provided by the statistical office of the European Union, Eurostat, the trade between Iran and the EU nations has decreased by 75 percent compared to last year’s same period in which the figure stood at €14.292 billion. Read more

    Indonesia reviewing terms of EU trade deal as WTO palm oil spat brews: vice foreign minister

    Reuters: Indonesia’s vice foreign minister Mahendra Siregar said Jakarta is reviewing a draft trade deal with the European Union in the run-up to filing a complaint against the trading bloc with the World Trade Organization (WTO) over use of palm oil in biofuels. Read more

    World’s biggest trade deal to be delayed to 2020: Draft ASEAN statement

    Channel News Asia: The signing of the world’s largest trade pact will likely be kicked back to 2020, according to a draft statement by Southeast Asian leaders, delaying a deal craved by China to offset a painful tariff war with the US. Read more

    Brexit: Johnson agrees to Brexit extension – but urges election

    BBC: Labour has “run out of excuses” to oppose an early election, Boris Johnson has said, as MPs vote on whether to back his call for a December poll. Read more

    Pelosi Calls USMCA ‘Easiest Trade Deal,’ Could Get Vote in 2020

    Bloomberg: House Speaker Nancy Pelosi said President Donald Trump’s new Nafta agreement is the “easiest trade deal that we’ve ever done.” Read more

    Trump ends trade benefits for Cameroon over ‘persistent human rights violations’

    Washington Post: President Trump said he will soon ax Cameroon from a trade program that allows African countries to sell goods to the United States on a duty-free basis, citing “persistent human rights violations” in a letter to Congress on Thursday. Read more

    UK set for 12 December general election after MPs’ vote

    BBC: The UK is set to go to the polls on 12 December after MPs backed Boris Johnson’s call for an election following months of Brexit deadlock. Read more

    ASEAN summit grapples with US-China trade war

    Deutsche Welle: Southeast Asian leaders have gathered in Bangkok for a three-day summit expected to be dominated by trade. ASEAN members are trying to finalize a China-backed plan to create the world’s biggest free trade area. Read more

    RCEP ministers fail to reach agreement

    Bangkok Post: Ministers from 16 Asia-Pacific nations failed to reach an agreement on creating the world’s largest free trade area at their meeting on Friday, a Thai negotiator suggested, but some are optimistic about the chances of a deal by year-end. Read more

    China may impose $3.58 billion in annual trade sanctions on U.S.: WTO panel

    Reuters: A World Trade Organization (WTO) panel said on Friday that China was entitled to slap compensatory sanctions on U.S. imports worth $3.579 billion annually for the U.S. failure to remove anti-dumping duties – roughly half the amount China had sought. Read more

    WTO panel rejects India’s arguments

    Business Standard: Exporters can rest assured that there is no threat to the Advance Authorisation Scheme, Duty Drawback Scheme and four specified entries under DFIS. Read more

    STRAIGHT FROM THE WTO

    NEW ON THE CTLD BLOG

    The Caribbean Trade & Development Digest is a weekly trade news digest produced and published by the Caribbean Trade Law & Development Blog. Liked this issue? To read past issues, please visit here. To receive these mailings directly to your inbox, please subscribe to our Blog below:

  • Caribbean Trade & Development Digest – October 20-26, 2019

    Caribbean Trade & Development Digest – October 20-26, 2019

    Welcome to the Caribbean Trade & Development News Digest for the week of October 20-26, 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.

    THE WEEK’S HIGHLIGHTS

    South Korea has agreed to give up its ‘developing country’ status in future negotiations at the WTO. This move is in light of increased US pressure for a change in the current system of self-designation as a developing country at the WTO. Read here.

    The Caribbean Court of Justice (CCJ) held a two-day hearing in its first ever application for an Advisory Opinion. At the end of the second day, the judges indicated that they would deliver their decision in a “reasonable time”. Read more here.

    The World Bank has released its latest Doing Business Report (2020). Find out how the Caribbean fared here.

    REGIONAL NEWS

    Bermuda Launches Two Key Fintech Initiatives, Becomes First Nation to Accept Stable Coins for Government Payments

    National Law Review: On Oct. 16, 2019, Bermuda Premier the Hon. E. David Burt JP, MP announced that Bermuda has committed to accept, for payment of government taxes, fees, and services, 1:1 U.S.-dollar-backed digital currencies of entities licensed by the Bermuda Monetary Authority (BMA) under the 2018 Digital Asset Business Act (DABA), becoming the first nation to do so. Read more

    Antigua To Sell Shares In State-Owned Oil Company

    Jamaica Gleaner: The Antigua and Barbuda government says it is to sell 10 per cent of its shares in the state-owned West Indies Oil Company (WIOC). Read more

    Belize Senate ratifies UK-CARIFORUM trade treaty

    Breaking Belize News: Тhе Ѕеnаtе mеt іn ѕресіаl ѕеѕѕіоn thіѕ mоrnіng іn rесоrd tіmе tо rаtіfу а trеаtу ѕаfеguаrdіng trаdе bеtwееn Веlіzе аnd fеllоw Саrіbbеаn ѕtаtеѕ аnd thе Unіtеd Кіngdоm. Read more

    CARICOM to await CCJ decision on waiver for free movement

    Jamaica Observer: The five (5) Justices of the Caribbean Court of Justice (CCJ) have promised, at a “reasonable time,” to deliver their decision on whether countries within the Caribbean Community (CARICOM) can lawfully, under the legal framework of the organisation, choose to opt-out of obligations set out in the Caribbean Single Market and Economy (CSME) agreement. Read more

    The Caribbean exhibits record of reforms in business sector in 2018

    Prensa Latina: The economies in the Caribbean carried out a record of 19 reforms during 2018 to help private national companies do business, a report released today by the World Bank (WB) says. Read more

    Jamaica Opposition welcomes reversal in Ease of Doing Business ranking

    Jamaica Observer: People’s National Party (PNP) shadow minister of Industry, Competitiveness & Global Logistics Anthony Hylton has welcomed the reversal in Jamaica’s ranking in the World Bank’s Ease of Doing Business Report 2020. Read more

    Agricultural woes: building a domestically and internationally competitive sector

    Dominica News Online: Finding agricultural products that can compete both on the domestic and international markets has been singled out as one of the major challenges facing the sector in the region. Read more

    INTERNATIONAL NEWS

    Nigeria’s border closure has implications for Africa’s economic integration

    The Conversation: Nigeria recently partially closed its border with Benin in an effort to stem the smuggling of rice. It then went on to close its land borders to the movement of all goods from Benin, Niger and Cameroon, effectively banning trade flows with its neighbours. Read more

    China Signs its First African Free Trade Agreement with Mauritius

    China Daily Briefing: China and Mauritius signed a free trade agreement (FTA) on October 17. This is China’s first FTA with an African nation. The agreement will reportedly give Mauritius duty-free access to about 8,547 products, representing 96 percent of Chinese tariff lines. Read more

    RCEP deal hangs in balance even as India, other members resolve some issues

    Livemint: India and other member countries of Regional Comprehensive Economic Partnership (RCEP) may have resolved differences related to investor to state dispute settlement (ISDS) mechanism and data localization, but issues such as India’s demands to shift the base year for tariff cuts to 2019 and an auto-trigger mechanism to check import surge from China may make or break a deal. Read more

    China submits 7th offer to join government procurement agreement at WTO

    Xinhua: China has submitted the 7th offer to join the World Trade Organization’s (WTO) Agreement on Government Procurement (GPA), which added the military sector for the first time, according to the Ministry of Finance. Read more

    China’s New Investment Law a Positive Step, Foreign Firms Say

    Bloomberg: China’s new law governing foreign investment will take effect next year. Read more

    US-China Trade Truce: Cautious Optimism or Reasonable Pessimism?

    Modern Diplomacy: China and the United States have achieved tangible progress in their recent round of trade talks. This has given rise to cautious optimism about the possibility of striking a deal, writes the Chinese edition of Global Times. Read more

    Brexit: European leaders agree extension to 31 January

    BBC: EU leaders have agreed in principle to extend Brexit until 31 January 2020 – meaning the UK will not leave as planned on Thursday. Read more

    Breaking down the path forward for the USMCA

    Politico: With fewer than two dozen legislative days left in the year, the pressing question for the USMCA is not just whether U.S. Trade Representative Robert Lighthizer and House Democrats will be able to reach a deal, but whether they still have enough time to get it done by 2020. Read more

    The EU should be leading this new era of FTAs, shaping new standards and spurring on growth

    Euronews: The next EU Trade Commissioner faces a daunting in-tray. Certainty is in short supply and difficult decisions abound. Many of them are marked urgent. Read more

    China asks WTO for $2.4 billion sanctions against U.S. in latest clash

    Reuters: China is seeking $2.4 billion in retaliatory sanctions against the United States for failing to comply with a World Trade Organization ruling in a case that highlights White House complaints about the global trade body. Read more

    STRAIGHT FROM THE WTO

    NEW ON THE CTLD BLOG

    The Caribbean Trade & Development Digest is a weekly trade news digest produced and published by the Caribbean Trade Law & Development Blog. Liked this issue? To read past issues, please visit here. To receive these mailings directly to your inbox, please subscribe to our Blog below:

  • US Request for CBERA Waiver Extension Approved by WTO General Council

    US Request for CBERA Waiver Extension Approved by WTO General Council

    Alicia Nicholls

    The World Trade Organization (WTO)’s General Council on October 16, 2019 approved the request by the United States (US) for a further extension of the waiver for the trade preferences it extends to certain Caribbean countries pursuant to the Caribbean Basin Economic Recovery Act (CBERA) of 1983 and its subsequent amendments.

    The CBERA is a major legislative component of the Caribbean Basin Initiative, a unilateral preferential programme operated by the US since the 1980s which extends duty-free treatment for most goods from beneficiary countries entering the US with the view to promoting economic development in the beneficiary countries. The programme is non-reciprocal as these countries are not required to extend similar treatment to US goods.

    Initially, the programme also included the Dominican Republic and several Central American countries as well, but these ceased being beneficiaries after entering into free trade agreements (FTAs) with the US.

    Seventeen Caribbean countries and territories currently benefit from the programme. These are: Antigua and Barbuda, Aruba, The Bahamas, Barbados, Belize, Curaçao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Trinidad and Tobago, and the British Virgin Islands. Haiti also enjoys additional benefits under the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2006, the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2008, and the Haitian Economic Lift Program Act of 2010.

    Because the US only extends this preferential treatment to a select group of countries, the programme would be in violation of the non-discrimination principles undergirding the WTO, most specifically, paragraph 1 of Article I of the WTO’s General Agreement on Tariffs and Trade (GATT) which speaks to Most Favoured Nation treatment. The US has, therefore, had to request waivers of its obligations under paragraph 1 of Article I of the General Agreement on Tariffs and Trade 1994 (GATT 1994) and paragraphs 1 and 2 of Article XIII of the GATT 1994 in order to maintain the programme.

    The US first obtained a waiver under the GATT (precursor to the WTO) in 1985 and obtained subsequent waivers under the WTO. The previous waiver decision of May 5 2015 would have expired on December 31, 2019 . The current WTO waiver decision extends the waiver until September 2025.

    In the preamble to its decision, the General Council listed several factors it took into consideration. Among these were:

    • the exceptional situation of the CBERA and CBTPA beneficiary countries, and the stated objective of the CBERA as amended to assist the trade and economic development and recovery of Caribbean Basin countries by encouraging the expansion of productive capacity in those countries in response to more liberal access and to new trading opportunities;
    • the preferential treatment provided under the CBERA as amended will not alter benefits provided under the US Generalized System of Preferences to other developing countries; that the duty-free treatment provided under CBERA should not prejudice the interests of other Members not benefiting from such treatment, and that it is expected that the extension of such duty-free treatment will not cause a significant diversion of United States imports of products eligible under CBERA originating in Members who are not beneficiary countries;
    • assurances given by the United States that it will promptly enter into consultations, on request, with any interested Member with respect to any difficulty or matter that may arise as a result of the preferential treatment provided under the CBERA as amended.

    Under the waiver, the US is required to submit to the General Council an annual report on the implementation of the trade-related provisions of the CBERA with a view to facilitating the annual review provided for in paragraph 4 of Article IX of the WTO Agreement. It is also required to promptly notify the General Council of any trade-related measure taken under CBERA, in particular, any changes in the designation of beneficiary countries, as well as any modification being considered in the list of eligible products and the duty-free treatment provided. The US is also required to give the General Council all the information it may deem appropriate relating to such action. The United States is additionally required to consult with regard to any modification being considered in the list of eligible products

    In September, the US International Trade Commission recently released its biennial report on the programme’s operation. The report found that overall, the US’ total imports from CBERA countries grew from $5.8 billion in 2017 to $6.1 billion in 2018. This translates to an increase of 4.7 percent. Turning specifically to US imports under the CBERA programme, those grew from $1.5 billion in 2017 to $1.7 billion in 2018, an increase of 9.1 percent. US imports under CBERA accounted for 27.8 percent of all imports from CBERA beneficiaries.

    The waiver decision may be found on the WTO’s document’s portal.

    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.