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TRADE ORGANIZATION: CRITICAL ISSUES FOR PAKISTANS Farzana Noshab * The World Trade Organization (WTO) was established in 1995, as a result of the Uruguay-Round (UR) negotiations (1986-94), replacing the Bretton Woods system of (GATT).1 The UR agreements have posed many challenges to the developing countries. On the internal (domestic) front, these include imperatives to make adjustments in the domestic production and trade regime to stay active in the international market characterized with tough competition. On the external side, the challenges originate also from the issues related to the WTO framework itself, pertaining to implementation of the built-in agenda, and new issues for coverage under the WTO framework. The developing countries are concerned about the implementation of built-in agenda before new issues are taken up. Pakistan is one of the founder members of both the GATT and the WTO. During the Uruguay Round negotiations, Pakistan actively participated with the main objective of liberalizing trade in its areas of interest.2 However, the two most important areas of its exports have largely been kept outside the scope of the normal rules of multilateral trading system. While agriculture became a victim of trade distortion through large-scale export subsidization by the major industrialized countries, the textile sector faced systemic barriers and discriminatory treatment through Multi-fibre Arrangements (MFA). The objective of the paper is to identify and analyze the WTO-related issues for Pakistan at present in the area of textile and Agriculture- two main sectors of the economy. The paper will focus on the challenges faced by the country in implementing its WTO commitments and the challenges posed by the implementation of the agreements with its major trading partners. Apart from suggesting on how to cope with the internal challenges, the paper will suggest on what kind of strategy and course of action Pakistan should adopt, along with other South Asian countries, in the future multilateral negotiations, to deal with the external challenges posed by a WTO environment. Given the complex and comprehensive nature of the Uruguay Round Agreements, it is difficult to precisely quantify the results for Pakistan. While certain components of the Round can not be quantified, even quantifiable areas are also marked with uncertainty as these are still in the process of implementation e.g. extent of liberalization in agriculture. In addition to the in-built agenda of the UR, still being implemented, new issues have also surfaced and are being considered for inclusion in the WTO.3 Scarce data is available in Pakistan on the subject, due to official restrictions, lack of documentation of economy, and not much work has been done in Pakistan regarding the challenges it faces. However, economic models giving a broad picture of the UR indicate a disproportionate distribution in the annual world gain of US$ 510 billion projected for 2005, only 22.7% of which will go to the developing countries. Even within developing countries, Pakistan is in the third tier of beneficiaries of the UR agreement. Any future opportunity would be based on a combination of domestic economic scenario vis-a-vis economic policies of other countries. The outcome of the UR for any individual country will depend heavily on its policy response. Countries that take the current opportunity to streamline their policies, and improve their competitiveness, are likely to increase their gains from the reform. The Uruguay Round Commitments and Trade Regime in Pakistan - Salient Features Like many other developing countries, for more than two decades Pakistan has followed the import substitution (IS) policy based on high import tariffs and quota restrictions, to protect the domestic industry. The IS policy, however, helped the country in achieving a higher growth rate for manufactures, increasing its share in exports from 29% in 1960 to 56% in 1970. After one decade of nationalization, the 1980s witnessed a shift in the emphasis of trade from the IS policy to outward looking export promotion, which gained a further momentum in the 1990s, through the liberalization of trade, opening up of foreign exchange regime and foreign investment. Under a comprehensive tariff rationalization programme, quantitative restrictions on imports were converted into tariff in June 1987. Maximum tariff rate was reduced to 35% in 1999 from 70% in 1994-95, and will be further reduced to 25% by January 2003.4 Maximum import duty was gradually reduced to half (35%) in 1998-99 from the level of 70% in 1994-5.5 Pakistan had a very small number of tariff bindings before the UR agreement. Under the Round, the country is committed to bind about 33% of its tariff lines. Approximately 81% of its agricultural import tariff are bound in HS 6 chapter (1-24) at a ceiling rate of 100%.7 A number of agricultural lines remain non-bound largely applying to alcoholic beverages, swine and pig meat. For industrial products (chapter 25-97), Pakistan committed to bind 25% of tariffs, mostly at the ceiling rate of 40-50%.8 For these, tariff reductions will take place in five equal installments from July 1995 onwards. For a number of other items,9 tariffs will be bound at a ceiling of 20% or 30%.10 For textiles, tariff reductions are scheduled in 10 equal installments.11 As per its commitments made for non-tariff barriers, there is no positive list and the Negative List of imports has also been reduced by up to 70 items in 1999 from 300 in 1988.12 At the same time, there are neither minimum import prices nor specific safeguard measures applicable to imports. As a part of export promotion measures, the exchange rate regime has also been liberalised by moving to a unified market based exchange rate system since May 1999. The elimination of quantitative restrictions and rationalization of trade tariffs,13 resulted in lowering the average rate of import and export duty as well as in lowering the anti-export bias14 implicit in trade regime which has gone down from 36% in 1987 to 17% in 1998, as reflected in the figure-1. However, the exchange rate trade regime is still below the acceptable level of neutrality.15 It is also noteworthy that the applied tariffs in Pakistan are well below the bound tariffs under WTO. As per Schedule XV of WTO, Pakistans offer on tariff reduction under the Uruguay Round of trade negotiations covered 2128 items (roughly one-third of the national tariff
Source: Data from Ashfaque H. Khan, The Experience of Trade Liberalization in Pakistan, Pakistan Development Review, 37:4, 1998, p. 671, Shaukat Ali, Uruguay Round and Pakistan's Industry and Trade, World Bank Workshop on UR and South Asia, January 2000. schedule), comprising 700 items in agriculture, 493 in textile & clothing, and 935 in industrial goods. Inadequacy of exports to finance imports, lack of diversification and low quality exports, are amongst the several weaknesses of export regime in Pakistan.16 During 1991-98, export receipts have financed, on average, 76% of merchandise imports.17 60% of total exports is cotton-based manufactures, making exports vulnerable to the vagaries of the cotton crop and the compulsions of the textile industry. Apart from the commodity concentration, there equally exists a geographical concentration of Pakistans exports. Almost two-third of exports is directed to only 11 countries thus making the exports more vulnerable.18 Like many other developing countries, Pakistans exports and imports are vulnerable also to the changes in international prices. As against the last year, in the year 1999-00, Pakistan lost $381.2 million in export earnings and $949 millions in import payments, due to decline in unit value of its exports and increase in value of imports.19 Measured in terms of trade as a proportion to GDP, the degree of openness of Pakistans economy is still limited. The proportion for 1996-97 was 33% (exports 13.5% and imports 19.3%). For 1997-98, it went down to 30% primarily because of reduced imports.20 Despite the rationalization of tariff structure, import substitution bias still exists and countrys participation in world trade has been very small (0.15% exports and 0.17% imports in 1998).21 1. Agreement on Textiles and Clothing (ATC) From 1974 to 1994, the Multi-Fibre Arrangement (MFA) governed bilateral agreements, providing the framework for industrial countries to use quotas to restrict imports of textiles and clothing from more competitive developing countries. The MFA system, against fundamental principles of GATT, allowed restrictions on quantities of imports targeted at individual countries. The agreement on integration of textile and clothing sector into GATT in 1994, including phasing out of MFA textile quotas, was hailed a great deal by textile exporting countries, including Pakistan. In-fact, it was one of the principal objectives of Pakistan during the UR negotiations, to not only achieve the elimination of the MFA but also the full integration of Textile and Clothing into the GATT in order to secure access to international markets. However, the optimism faded significantly with the unsatisfactory actual implementation of the agreement during the past four years. Textile Industry of Pakistan The Textile industry is the backbone of Pakistans economy with a status of the largest industry and with a comparative advantage of resource utilization: source of employment to industrial workers (38%) and the largest source of foreign exchange earnings (60%).22 It accounts for 27% value addition in manufacturing sector. The sector has bounced back after five years of stagnation due to bumper cotton crop and lower lint cotton prices in the year 2000.23 Direction of Pakistans Textile Exports According to the ITC database on imports from Pakistan, in 1998, out of $759 million total export of yarn, worth $703 millions (92%) was exported to non-quota countries (China, Japan, Hong Kong, Indonesia). Whereas, for made-ups, out of $1915.9 million total exports, $1843 million exports (96.2%) were sent to quota countries (US, EU, Canada).24 This direction of exports (Fig-2) and the very high rate of quota utilization for high value added (HVA) textiles (table-1) suggests that the MFA quotas have restrained countrys exports of HVA items and abolition of quotas would bring increased market access for HVA items. It is important to note that open markets would require more competitive goods in terms of price and quality. Under MFA quotas, price factor could singly work and quality could be compromised as market was secure anyway even for some sub quality products. Slow pace of quota elimination by the developed countries implies that Pakistan, like India, should focus on diversification of markets for its HVA items to non-quota countries as well.25 Table-1 Average Quota Utilisation Rate (%)
Source: Reported in Standard & Poors (1998) as quoted in M. Shaukat Ali, Trade and Industrial Policy in Pakistan: Post Uruguay Round Challenges, January 2000.p.18.
Source: Data from Ingco and Winters (1995) as quoted by Zafar Mehmood, WTO and Pakistan: Opportunities and Policy Challenges, Pakistan Development Review, 37:4, winter 1998. p. 689; SITC database, 2000. Market Access Obstacles Continued The cornerstone of the ATC is Article 2, which prescribes a ten-year phase out of MFA import quotas, along with a four phase "progressive liberalization" schedule calling for the gradual elimination of individual import quotas through a process called integration. Table-2 Schedule Of Integration Of ATC
Source: www.wto.org/ The progressive nature of integration in four stages (table-2) and non-specification of nature of product to be integrated at each of the first three stages provides opportunities for "end loading". Importing countries, in the first two stages, have integrated items, which are either commercially insignificant or not constrained under the MFA (i.e., non-quota items). Developing countries including Pakistan have shown concern over the way the agreement is being implemented, as importing countries are delaying the removal of quotas on labour intensive exports to 2005, which account for a significant proportion of developing countries exports. The removal of non-existing quotas on products such as tyre cords (Canada) ties (EU), tents (USA) suggest a policy of window dressing.26 Although, importing countries have met volume requirement in the first and second stage (36%) it is significantly low in value terms (23%).27 In addition, integration of restrained products as a ratio of 1990 volume imports in respect of Stage II comes to 1.30% (USA), 3.15% (EU) and 2.05% (Canada).28 In the case of Pakistan, no item previously under quota has been included in the first stage of integration. The integration of high value-added textile items, which are of special interest to Pakistan, has been postponed for the last stage, implying that it will not be before 2005 that Pakistan sees its quota restrictions phased out. Consequent to the slow nature of integration by the textile importers, if the major adjustments are left until the end, it is doubtful that the importers manage to keep to the ATC schedule. In-fact studies on ATC have shown fear of postponement of the final tranche of tariff beyond scheduled phase out, especially when China joins the WTO.29 It is important to note that the agreement on Textiles and Clothing cannot be extended beyond 2005, as it has a self-destruction clause built in. Importing countries tend to misuse extensively the transitional safeguard mechanism to curb textile imports (for protection of domestic textile industry against serious damage caused by excessive quantity of imports in the transition period). The Article 6 of the ATC provides for additional restrictions that can be placed on product lines not covered under current restraints during the transition period. US restriction imposed on yarn imports from Pakistan in March 1999 up to 3 years is an example in this respect.30 Earlier, US took a safeguard action under article 6.7 against Pakistan under category 301, causing a considerable damage to Pakistani exports.31 If developed countries, quite expectedly, continue to use such measures even in the post MFA period, it will have damaging impact for textile exports of developing countries like Pakistan. The industrial countries are also protecting imports of textile goods, especially the US, through more restrictive rules of origin.32 For example, the newly proposed rule of the US implies that the US import of cloth from Pakistan, to make bed sheets or garments for exports would assign the origin of exports of bed sheets and garments to Pakistan. Therefore quantity will be deducted from Pakistans textile quota for the US. This kind of rules of origin, being against the provisions of the ATC, will definitely disrupt trade in textiles and clothing from the way it had been originally envisaged under the ATC. Preferential treatment (MFN) under the regional trade agreements (RTA) is increasingly seen as a source of trade dislocation. It is a violation of the GATT Article XXIV which, specifies that RTAs should extend the MFN status on non-discrimination between members and non-members.33 While Pakistans products are facing 12% and 25% quotas in EU and NAFTA respectively, Turkey and Mexico have a tariff free access to markets of their respective blocs thereby putting Pakistani products on a disadvantageous position. Pakistan, like India, needs to enter into bilateral trade agreements with its major trading partners, to secure its market.34 Similarly, EUs recent announcement, to give tariff-free access to exports from the eight Asian countries excluding Pakistan would further effect latters textile exports market share. Pakistans exports to the EU-market account for 30% of its total exports. While SAARC has virtually been made dysfunctional due to Indian indifference, Pakistan should promote its ties with the ECO members and cultivate participation in other regional or bilateral agreements. Post MFA Scenario In the post MFA period, while elimination of quotas would increase market access for Pakistan in the developed countries, it will simultaneously increase competition from other low cost suppliers such as Bangladesh, India, China and South East Asian countries thereby squeezing our existing share otherwise protected by quota regime. Increased competition brings in the imperative-ness of quality and productive standards along-with attitudinal changes on the part of entrepreneurs and government in Pakistan. One of the major handicaps for Pakistani exports is the "credibility gap" especially in the US; exports are not supplied as per delivery schedule and the quality is compromised. In post MFA period these obstacles can cost us the loss of market share. Furthermore, it is also argued that freer imports could also lead to dumping of low cost fabrics from these countries, into Pakistan. The government, while realizing the crucial nature of textile sector, has outlined a policy document "textile vision 2005" containing a road map to prepare the textile sector for challenges in the post quota markets.35 The document projects Pakistan as moving to the 5th position in the year 2005 from 8th position in 1998, in the world ranking of textile exporters, with increased share of its textile exports from $4.9 billion to 13.8 billion.36 In a competitive world, achieving this target requires arduous work on various fronts. Following policy options may be considered in this respect: Policy Options for Pakistan
2. Agreement on Agriculture (AoA) The UR agreement on Agriculture is a significant step towards a less distorted agriculture trade being implemented over a period of six years (ten years for developing countries).38 The Agreement led to the conversion of non-tariff barriers to agricultural imports into bound tariffs, and those bound tariffs are scheduled for phased reductions, besides support for farm production and export subsidies, between 1995 and 2000. The UR negotiations have resulted in the Agreement on Agriculture; concessions and commitments made on the market access, domestic support and export subsidies; Agreement on Sanitary and Photo-sanitary Measures; and the decision concerning Least Developed and Net Food Importing Countries. a) Market Access In the area of market access, non-tariff border measures are replaced by tariffs that provide substantially the same level of protection. Tariffs resulting from this tariffication process, as well as other tariffs on agricultural products, are to be reduced by an average 36 per cent in the case of developed countries and 24 per cent in the case of developing countries, with minimum reductions for each tariff line being required. Least-developed countries are not required to reduce their tariffs.
b) Domestic Support Domestic support measures are generally considered as encouraging over production thereby resulting in squeezing imports or dumping. Agreement on Agriculture stipulates the reduction in the level of domestic support cuts at 20% for developed countries and 13% for developing countries (see table in note 38). Different disciplines are adopted for different support policies called boxes according to the degree of trade distortion.41 The discriminatory nature of the agreement is evident from the fact it has allowed domestic support which interests developed countries termed as ill defined green box and blue box exemptions. In-fact developed countries have misused green box thereby increasing the overall level of support while maintaining their commitments. For instance, the US subsidies more than doubled between 1986-1997.42 In developing countries Aggregate Measures of Support (AMS) level (level of domestic support subject to reduction commitments) are far lower than for most of developed countries. While for EU and Japan, the AMS level is $61,309.1 millions and $30547.7 millions respectively, Pakistan and India have negative AMS levels amounting to $56.9 millions and $23847 million respectively, in 1996.43 It implies that agricultural producers in these countries receive administered prices that are below world market price. The commodities most affected are basic foodstuffs such as rice and wheat reflecting food security considerations. While Product specific support is negative, non-product specific support is positive in both countries. c) Export Subsidies Export subsidies are prohibited under Article 3.3 unless specified in the countrys specified commitments. Overall levels of subsidies have increased rather than decreased in OECD countries since the base year 1986-88, from US$247 billion in 1986-88, to US$274 billion in 1998.44 In contrast, developing countries, which have traditionally not provided subsidies, have not been allowed to do so. Subsidies allowed to developing countries (exempted from AMS calculations) are highly specified and limited to only input and investment subsidies. These are subject to the peace clause thereby limiting the support to 1992 level, thus restraining the developing countries from increasing subsidies if they want to do so. Whereas, developed countries, are the maximum users of the blue box and unlimited green box, and are given maximum protection under the due restraint clause from countervailing duties. Reduction in export subsidies by developed countries will result in increase in international prices of foodstuffs and deteriorating terms of trade for poor NFIDCs.45 For instance, removal of subsidy on wheat by the exporting countries would increase Pakistans (a net importer of wheat) import bill due to increased prices.46 According to one estimate, by 2002, Pakistans major agricultural imports prices are expected to rise by 3.8% in wheat, 2.3% in coarse grains and 1.8% in sugar while price of rice will decline by 0.9% and of cotton by 1.3%.47 With increased agricultural liberalisation, net effect is not going to be favorable given the domestic policy distortion in this sector. Nevertheless, these negative effects48 are expected to be offset by the compensation as agreed upon in the Ministerial Decision Concerning the Possible Negative Effects of Reforms Least developed and Net Food Importing Countries (NFIDCs). The decision contains commitments on maintaining adequate level of food aid, preferential treatment in relation to export credits and short term financing of commercial imports. Nonetheless, despite the promises, there has been no political will to activate the Marrakesh Decision in order to address the problems of NFIDCs.49 Pakistans Agriculture Sector Bringing Agriculture fully under the GATT discipline was another major objective of Pakistan in the UR. Although the share of Agriculture in Pakistans GDP has declined over the last 25 years it still accounts for 24% of GDP (1999). The agriculture sector is the largest one employing 48% of the work force and 65% of total export earnings are agriculture based raw/processed products.50 Despite the significance of agriculture in the national economy, there exist an ever-widening gap between food supply and demand. It is expected that UR agreements will make Pakistan agriculture products more competitive in the long term, if domestic policy distortions against the agriculture sector are eliminated. Domestic price stabilisation policies and trade policies have both direct and indirect effects in the agriculture sector. Export import restrictions often create a gulf between the domestic prices and border prices. Market forces would result in domestic price rising to the world price stimulating domestic production through reallocation of resources. Key considerations for NFIDCs like Pakistan have been the availability of adequate food supplies and desirability of low prices. Food security considerations have compelled the country to follow the IS policy, while on export side extensive controls were applied to staple crops to keep domestic prices below world prices. UR Agreement on Agriculture (AoA)- Impact on Pakistan The overall result of agricultural liberalisation and implementation of the AoA is not positive for the developing countries. Although, liberalisation of trade in agriculture under the Uruguay Round is estimated to produce a possible net welfare gains for the low income Asian region in the amount of $1.3 billion, the region remains a net importer of food after the Uruguay Round liberalisation. While there was little change in the volume exported, in the post UR period in agricultural exports, food imports were rising rapidly in most cases. These countries were not able to raise their exports due, amongst other factors, to supply side constraints, thus deteriorating balance of payment situation. While the concentration of farms led to an increased productivity and competitiveness, in the absence of safety nets, this process has marginalised small farmers and has added to unemployment and poverty. The UR negotiations did result in some liberalisation for non-traditional products. Tariffs, in the developed markets, were reduced by 36% on fruits and vegetables51 and by 48% on flowers and other agricultural products (44% in Europe). Pakistan needs to diversify its exports of agriculture by exporting such horticultural/floricultural products to these markets. However to take full advantage of these potential opportunities, Pakistan requires to introduce policies to further attract investment in packing and marketing facilities and in transportation of these products. The area has been given special attention in the 2000-01Trade policy and many incentives have been announced aimed at market penetration and product up-gradation.52 The result of the AoA on rice and wheat were considered to have mixed effects on Pakistan. The agreement to reduce subsidies on rice and cotton maintained by the US, the EU Japan and Korea could result in increased market access for Pakistans exports. However, Pakistan would have to switch production to rice varieties popular in Southeast Asia, as they are currently not produced in Pakistan. In case of Pakistan, while applied tariffs on most agricultural products have fallen since the early 1990s these tariffs remain relatively high for commodities classified as essential such as edible oils and oil seed. High ceiling bindings for most products, under their Uruguay Round commitments place India, Pakistan and Bangladesh with the highest bound rates among WTO members. Although progress has been achieved on the export side by removing export controls however restrictions still apply for commodities such as sugar in India and cotton in Pakistan.53 Multifunctionality/Food Security Article 20 (c) of the URAA addresses the non-trade concerns" of agriculture to be discussed in the agricultural policy reform process negotiation in 2000. These concerns include security of food supplies, protection of the environment. and the viability of rural areas (positive externalities).54 Countries like Japan, EU, Norway Sweden are proponents of multifunctional agriculture and non trade concerns. While Japan and Norway place particular emphasis on food security, EU stresses more on protection of environment, and viability of rural areas. Pakistan has registered itself as a net food importing country.55 Major concerns of NFIDCs are: focus on market access to deal with higher import bills, improve national food security situation and the implementation of Marrakesh agreement.56 In essence, Pakistan and its allies accept the argument commonly made by the EU and Japan that agriculture has social consequences justifying special considerations. However, they argue that, therefore, international trade rules should be made to favor poor countries, where the externalities of rural demise are the worst.57 Sanitary and Photo-Sanitary Measures (SPS) SPS measures are also used as a discriminatory measure against the developing countries despite prohibition of arbitrary and unjustified barriers to trade in Article XIV. These standards can be applied for the health or animal or plant protection, only if a scientific justification is provided an area where developing countries lack expertise. Whereas developed countries, having an edge in scientific knowledge, use SPS measures as a quarantine instrument against imports from developing countries. The levels of protection involved are in some cases equivalent to tariffs of more than 100 per cent.58 Policy Options:
Conclusion The establishment of the World Trade Organisation has institutionalised the international economic environment. It is becoming more competitive and inter linked in view of globalisation forces. The loopholes in the WTO agreements and lack of technical expertise in Pakistan are accentuating the challenges for Pakistan. In a rule-based system, Pakistan would be facing much more acrimonious situation in its economic relations with other countries. Economies, which are adapting themselves to the new realities, will be able to survive in the competitive world. Due to complexity of the world trading system, the implementation of its UR obligations has placed new demands on the knowledge and skills of the economic managers in Pakistan. Domestically, in implementing its UR commitments, Pakistan has to modify its domestic legal and administrative rules to be consistent with the WTO rules. The agriculture and textile sectors are the backbone of the Pakistani economy. Pakistan needs to give a special attention to prepare both the sectors not only to mitigate the effects of risks within the competitive world, but also to realise the potential benefits being offered. Greater gains are likely to be made through formation of trading blocs through preferential access to the developed countries markets, where Pakistan lacks initiative and stands marginalised. References
Source: www.wto.org/ |