Assistance to a Permanent Mission to the WTO in Preparation for Accession
Clinic: Graduate Institute, Fall 2020
View Non-Confidential Excerpt here
This memo seeks to provide assistance to a Permanent Mission to the WTO in preparation for the Working Party Meetings on a trading partner’s accession. The accession process presents the Permanent Mission with an opportunity to address its concerns with the acceding trading partner not only in terms of trade, investment and infrastructure but on any aspect that it wishes to address under the instant negotiation process by leveraging its position as a current WTO member.
The mandate provided was two-fold - first, to identify the trade capacity between the nations and find sectors with the potential to enhance the current capacity, secondly and more importantly, facilitate their economic relationship by drafting questions and requests to be asked at the accession meetings.
Addressing the first point of our mandate regarding the “trade capacity”, it is found that the trade relationship between the nations is extremely lopsided, such that the Permanent Mission’s exports to the acceding partner are a mere fraction of what the member nation imports from the acceding partner. Some of the major products imported by the Permanent Mission are minerals and construction materials while the major exports are largely agri-based. Finally, there is vast potential for the expansion of the relationship into other commercially viable sectors.
The second part of the mandate is addressed comprehensively, where six specific concerns of the member nation regarding trade and investment with the acceding partner are identified. Three of these fall broadly under trade and three under investment. The concerns outlined in the project, include
● ‘Protectionism in the Import Regime: Customs Duties and Internal Taxes’
● ‘Protectionism in the Import Regime: Non-Tariff Restrictive Measures’
● ’Transit Issues’
● ‘Poor Dispute Resolution and Trust Deficit’,
● ‘Inaccessibility of Business Visas for Traders’ and
● ‘Currency Risks and Foreign Exchange Control Issues’
The redressal of each of these concerns is scoped in three different ways -
1. Within the mandatory WTO framework:
Some of the redressals will be triggered automatically on obtaining accession, for instance, by means of ratifying to the commitments outlined by the GATT articles. However, an obligation made to the WTO does not necessarily translate into compliance.
2. Within the optional WTO framework:
The redressals that do not get triggered automatically on accession, can be committed under the optional framework of the WTO. For instance, the Permanent Mission can leverage the negotiation process to request the acceding partner to commit to certain provisions under the Trade Facilitation Agreement (“TFA”). We advise the Permanent Mission to request t