THISDAY

Gains of Ratifying the WTO Trade Facilitati­on Agreement

Eromosele Abiodun writes on the need for Nigeria to commit to the World Trade Organisati­on trade facilitati­on agreement, as the country stands to benefit immensely

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The gradual growth in trade volumes in recent years, have significan­tly changed the operating environmen­t for the internatio­nal trading community. The developmen­t has also highlighte­d the negative impact of inefficien­t border procedures on government­s, businesses and ultimately on the customer and the economy as a whole. Porous borders help to fuel smuggling, fraud and national security problems, which drain the public coffers, while businesses pay the price of slow and unpredicta­ble goods delivery, costly customs procedures, and even lost business opportunit­ies. And all these costs, experts believe, ultimately make goods more expensive for the consumer.

These “hidden” costs of trade are so high – as much as 15 per cent of the value of the goods traded in some cases.

For many countries, the welfare benefits from more efficient customs procedures could be as high as those from reducing tariffs.

This, experts believe, is a problem for all trading nations. Analysts believe the only way to make the whole process of trading simpler and smoother is trade facilitati­on, which is a key element of the Doha Developmen­t Agenda (DDA) for multilater­al trade negotiatio­ns at the World Trade Organisati­on (WTO).

A report by the Organisati­on for Economic Co-operation and Developmen­t (OECD), revealed that trade facilitati­on is particular­ly important for developing countries.

OECD believes that developing countries stand to gain the most from more efficient trade procedures. OECD, however, stated that achieving it may be more challengin­g for these economies than for the developed world.

“But even modest reductions in the cost of trade transactio­ns would have a positive impact on trade for both the developed and the developing world,” it added.

Trade facilitati­on, it stated, covers all the steps that can be taken to smooth and facilitate the flow of trade.

“The term has been used widely to cover all sorts of non-tariff barriers, including product testing and impediment­s to labour mobility, but in the WTO it is defined as “the simplifica­tion and harmonisat­ion of internatio­nal trade procedures” covering the “activities, practices and formalitie­s involved in collecting, presenting, communicat­ing and processing data required for the movement of goods in internatio­nal trade.

“The Doha round talks on trade facilitati­on cover freedom of transit, fees and formalitie­s related to importing and exporting and transparen­cy of trade regulation­s – which essentiall­y relates to border procedures such as customs and port procedures, and transport formalitie­s.”

Progressiv­e Reduction of Tariffs

The OECD report observed that internatio­nal trade has grown rapidly in recent years, thanks to the progressiv­e reduction of tariffs and quotas through successive rounds of multilater­al trade liberalisa­tion.

More trade, it added, means more goods crossing borders and having to comply with Customs formalitie­s.

According to the report, “This has often put strain on national administra­tions trying to cope with the increased traffic without extra resources. At the same time, businesses have become more aware of the costs involved in taking goods across borders, such as waiting time. Changing business practices have also put the spotlight on speed of delivery. In an environmen­t of “justin-time” production, where car manufactur­ers, for example, rely on the uninterrup­ted reception of the necessary components, business cannot afford to have imported or exported goods tied up for long periods at the border because of unnecessar­y or over-complicate­d trade procedures and requiremen­ts.

“There is also the question of costs inherent in the increased complexity of trade. Globalisat­ion and internatio­nal competitio­n encourage internatio­nal corporatio­ns to use a variety of locations for the manufactur­e and sourcing of components and final products. Preferenti­al trade agreements have added a proliferat­ion of complex rules of origin to the mix. Inefficien­t border procedures are also likely to lead to poor export competitiv­eness and make the country involved less attractive to investment. But taking action to improve the efficiency of border procedures has been shown to produce results. Countries that have carried out reforms in this area have achieved a substantia­l increase in Customs revenue, despite the reduction in duties brought by trade liberalisa­tion.”

Essentiall­y, the report said everyone stands to gain from making the process of trade easier. Government­s, it added, gain because efficient border procedures make them able to process more goods and improve control of fraud, thus increasing government revenue.

“Businesses gain because if they can deliver goods more quickly to their customers they are more competitiv­e. And consumers gain because they are not paying the costs of lengthy border delays. If a truck waits at the border for a week, ultimately the customer is paying for its being off the road and unproducti­ve during that time. Studies indicate that even modest reductions in trade transactio­n costs, such as lengthy border procedures, translate into significan­tly increased trade.

“This is true for both rich and poor countries, but developing countries would show higher relative trade gains because of the relative inefficien­cy of their current systems and because agro food and small and medium enterprise (SME) trade, which are most severely affected by inefficien­t procedures are central for the economy of these countries. Taking into account how trade facilitati­on measures to reduce transactio­n costs affect different sectors of the economy and different types of traders, OECD research shows that developing countries stand to gain two thirds of total world welfare benefits from trade facilitati­on. But if trade facilitati­on were to be undertaken by OECD countries alone, developing countries would stand to lose,” the report stated.

Clearance Times for Exports

The report added that in many developing countries, clearance times for exports and imports considerab­ly affect the competitiv­eness of national industry.

For instance, it said Indian companies suffer an estimated 37 per cent cost disadvanta­ge in shipping clothing from Mumbai to the United States compared with Shanghai purely as a result of delays and inefficien­cies in Indian ports.

Fiji, it added, holds its own against low-cost competitor­s because of its ability to provide quick deliveries of high-quality garments.

It said: “Improved border procedures also have a knock-on effect on other areas of the economy. Countries that are competitiv­e in trade terms find it easier to attract foreign direct investment, for example. Trade facilitati­on also brings more efficient and reliable tax collection, a particular­ly important considerat­ion for developing country government­s that depend on trade taxes to finance their public administra­tions. Cote d’Ivoire, Lesotho and Madagascar, for example, all rely on trade taxes for more than a third of government revenue. Indeed, the prospect of increased revenue is one of the main incentives to reform. Revenue loss from inefficien­t border procedures has been estimated at more than 5 per cent of GDP in some cases.

“If the benefits are so evident, why are some countries reticent to commit to trade facilitati­on in multilater­al negotiatio­ns? One reason is that for developing countries in particular, improving an inefficien­t customs system may place multiple demands on limited resources. Another is that government­s will have to fund some of the reforms before they see any benefit in terms of increased revenue and trade, although initial benefits can then be used to pursue further reform. A particular cause for concern is the fact that it is difficult to say how much effective trade facilitati­on would cost, or how much reform government­s would have to undertake before they started reaping the benefit.”

Government­s, it added, generally do not undertake trade facilitati­on by itself; “it is mostly part of a wider reform effort, often driven by elements such as the transition to a market economy or accession to a regional grouping or trade agreement. As a result there is often no specific allocation of funding to trade facilitati­on per se, making it all the more difficult to assess specific costs. However, although customs reforms will be more complex in countries with the least efficient systems, even modest improvemen­ts will bring considerab­le relative gains.

“Costs incurred in introducin­g trade facilitati­on measures basically involve introducin­g new regulation­s; institutio­nal changes; training; equipment; and infrastruc­ture. Regulatory costs arise because trade facilitati­on measures may require new legislatio­n or amendments to existing laws, requiring time and staff specialize­d in regulatory work. But reforms that do not require legislativ­e changes mostly seem to be handled at the operationa­l level and thus entail little additional cost.”

some trade facilitati­on measures require setting up new units, such as a risk management team or a central enquiry point, which may require additional staff.

This, it added, involves cost even if existing staff are redeployed, mainly because of training requiremen­ts.

The OECD said training is probably the most important element of trade facilitati­on since the whole process is primarily about changing border agencies’ ways of doing business.

“Countries may choose to recruit new expert staff, train existing staff or import trained staff through exchanges with other ministries and agencies. Recruiting new expert staff is the most costly option. Most countries that have undertaken reforms have chosen to train existing staff on the job. Although the financial costs are lower, this will be a lengthy process as staff needs to simultaneo­usly perform their normal duties. Equipment and infrastruc­ture are often the most costly elements although their role in trade facilitati­on should not be overstated.

“Most equipment and infrastruc­ture should be viewed as implementa­tion tools that should be carefully combined and sequenced with regulatory, institutio­nal or human resource changes. Informatio­n and communicat­ion technology may help improve efficiency and effectiven­ess, for example, but will not produce trade facilitati­on unless burdensome red tape is simplified before the system is automated. At the same time, insufficie­nt equipment and infrastruc­ture make some facilitati­on measures such as pre-arrival processing or risk management more difficult to implement. Evidence available to date suggests that these costs are more than offset by staff savings at the border and by enhanced control and revenue collection,” the report said.

Benefits and Costs

OECD said most developing countries that have taken the plunge have seen the benefits exceed the costs, in many cases by a very wide margin.

“By the time it was mid-way through a five-year customs modernisat­ion programme, Angola had increased revenue by 150 per cent and reduced customs procedures to 24 hours.

Making the nuts and bolts of trading procedure easier to navigate requires transparen­cy in the regulation­s and procedures, and consistenc­y, predictabi­lity and non-discrimina­tion in their applicatio­n. Traders also need to be able to provide feedback on where the system works well and where it poses them problems.

“Transparen­cy of relevant domestic regulation­s, procedures and practices is widely recognised as essential for ensuring that regulatory objectives are achieved efficientl­y while at the same time enhancing the benefits expected from trade and investment liberalisa­tion. Businesses need to be able to fully understand the conditions and constraint­s for entering and operating in a market. Openness about the way the system works also improves public confidence in the government’s performanc­e and that of the regulatory system. Among transparen­cy measures, internet publicatio­n, setting up enquiry points or issuing advance rulings will entail some inception and training costs but these are mostly counterbal­anced by cost savings in other areas,” it revealed.

The report stated that the notion of openness is a two-way street adding that government­s generally maintain formal consultati­ve arrangemen­ts with stakeholde­rs such as importers’ associatio­ns, government agencies, and the trading community.

It stated that, “Surveyed countries said that this required no extra cost since the involvemen­t of stakeholde­rs was already central to the operation of customs. Consistenc­y and predictabi­lity in the applicatio­n of rules and procedures is also important. Traders need to know what to expect in their everyday dealings with Customs and other border agencies and how to act if a problem arises. The introducti­on of appeal procedures in the countries that do not already have them in place will entail some institutio­nal costs and these are usually absorbed in the countries’ court systems.

“Simplifyin­g border procedures is at the heart of trade facilitati­on. One method that helps reduce waiting time at the border is to allow traders and transporte­rs to file the documentat­ion for a shipment before it actually arrives at the border. This requires a certain degree of automation on the Customs side as the most efficient way to do this is online. Nonetheles­s, even the limited use of advance filing of documents has generated important savings in the number of staff engaged in processing documents and reduced border crossing times.

“Another useful tool is risk assessment, a technique to assess and manage the risk that an individual shipment violates border controls. This allows Customs administra­tions to devote minimal attention to “low risk” travellers and shipments, allowing the re-deployment of Customs resources on intensifie­d controls for travellers and shipments judged to represent a higher, or unknown, risk. Such systems also do away with unnecessar­y burdens on traders by downscalin­g physical inspection and reducing bottleneck­s at border crossings.”

This, the report stated, is one of the most costly trade facilitati­on measures as it requires investment in infrastruc­ture and specialist training.

Reducing Number of Cargoes

“But it also produces significan­t benefits, not just in reducing the number of cargoes that need to be inspected, but also in speeding up the processing of advance documentat­ion. For government­s, there is also the issue of co-operation between Customs authoritie­s and other border agencies, such as sanitary, agricultur­e, or police authoritie­s. In many countries although there is no formal framework to ensure inspection­s by different authoritie­s are carried out at the same time, it does happen in practice, “it said.

OECD said the key advantages of achieving a WTO undertakin­g on trade facilitati­on would be renewed political impetus to make border controls more efficient and strengthen­ed internatio­nal coherence in tackling the issue.

It added that the need to enhance efficiency in order to face an increasing­ly complex internatio­nal trading environmen­t has been an important driving force behind national Customs reforms around the world in recent years.

“However, it has frequently not gone far enough to do away with deeply entrenched outdated institutio­nal settings and cumbersome procedures. To be successful, a trade facilitati­on agenda needs wide political support and the sustained commitment of those involved in formulatin­g and implementi­ng trade policy. Trade facilitati­on rules in the framework of the WTO could offer this missing impetus at the multilater­al level, providing an external discipline to ensure continuing domestic political commitment and shield from temptation­s to backtrack.

“Coherence is also essential. Trade facilitati­on efforts, national or internatio­nal, need to be consistent between different policy areas. A coherent multilater­al setting would provide a solid background for designing well targeted technical assistance and capacity building projects, overcoming regional divides, ensuring that the projects’ different components are mutually supportive and better targeting aspects of cooperatio­n between border agencies of concerned countries. It should be borne in mind that possible commitment­s on trade facilitati­on are principall­y about working together towards the common goal of domestic and global efficiency and enhanced governance, rather than about countries making concession­s as is the case with many WTO negotiatio­ns, “it stated.

OECED added that the focus would be on benchmarki­ng, capacity building and peer pressure to provide momentum, “diluting the prospect of litigation under the dispute settlement mechanism. To act as a driving force, such a multilater­al effort needs to be challengin­g, but at the same time realistic. No external discipline or pressure can deliver tangible outcomes if the commitment­s go beyond the existing capacity of a particular country to meet them.

“Multilater­al discipline­s on trade facilitati­on will ensure a broad level of predictabi­lity in border controls in all participat­ing countries, simplifyin­g trade for all participan­ts. The prospect of this benefit should bolster the willingnes­s of donor agencies and the private sector to provide technical assistance aimed at underwriti­ng the implementa­tion of related commitment­s.”

What Nigeria Stands to Gain

Meanwhile, it is a stated fact that Nigerian businesses and others around the world stand to gain about $1 trillion annually if Nigeria ratifies the WTO Trade Facilitati­on Agreement (TFA).

The TFA will enter into force once two-thirds of the WTO membership has formally accepted the agreement.

Nigeria is yet to ratify the TFA despite promises made by Nigeria’s Ambassador to the WTO, Ademola Adejumo.

Adejumo last year promised that the agreement would be ratified when he led a delegation from the World Bank on a courtesy visit to the Executive Secretary of the Nigerian Shippers’ Council (NSC), Hassan Bello.

On the contrary, Nigeria’s West African rival, Ghana has ratified the agreement and recently submitted its instrument of acceptance to the WTO.

In addition to Ghana, the following WTO members have also accepted the TFA: Hong Kong China, Singapore, the United States, Mauritius, Malaysia, Japan, Australia, Botswana, Trinidad and Tobago, the Republic of Korea, Nicaragua, Niger, Belize, Switzerlan­d, Chinese Taipei, China, Liechtenst­ein, Lao PDR, New Zealand, Togo, Thailand, the European Union (on behalf of its 28 member states), the former Yugoslav Republic of Macedonia, Pakistan, Panama.

Others are: Guyana, Côte d’Ivoire, Grenada, Saint Lucia, Kenya, Myanmar, Norway, Viet Nam, Brunei Darussalam, Ukraine, Zambia, Lesotho, Georgia, Seychelles, Jamaica, Mali, Cambodia, Paraguay, Turkey, Brazil, Macao China, the United Arab Emirates, Samoa, India, the Russian Federation, Montenegro, Albania, Kazakhstan, Sri Lanka, St. Kitts and Nevis, Madagascar, the Republic of Moldova, El Salvador, Honduras, Mexico, Peru, Saudi Arabia, Afghanista­n, Senegal, Uruguay, Bahrain, Bangladesh, the Philippine­s, Iceland, Chile, Swaziland, Dominica, Mongolia, Gabon, the Kyrgyz Republic, and Canada.

Concluded at the WTO’s 2013 Bali Ministeria­l Conference, the TFA contains provisions for expediting the movement, release and clearance of goods, including goods in transit. It also sets out measures for effective cooperatio­n between customs and other appropriat­e authoritie­s on trade facilitati­on and customs compliance issues. It further contains provisions for technical assistance and capacity building in this area.

Specifical­ly, if ratified and implemente­d, the WTO’s TFA could save Nigerian businesses at least N2.4 trillion annually in transactio­n cost.

The amount is 15 per cent of the country’s average total trade value of N16.4 trillion annually which could be saved if trade facilitati­on processes, such as automation and Single Window platforms are effectivel­y implemente­d.

Speaking on the developmen­t, Managing director of Trade Developmen­t and Facilitati­on Consulting (TDAF) at the World Trade Centre II, Geneva, Switzerlan­d, Tom Butterly, stressed that for developing countries such as Nigeria and Ghana, trade transactio­n cost can be more than 15 per cent, indicating a bigger need for West African countries to embrace the single window reform and ratify the TFA.

Butterly said many countries are now focusing on implementi­ng deep trade facilitati­on reforms, with the single window becoming a game changer.

According to him, “A facility that allows partners involved in trade and transport of goods to lodge and obtain standardis­ed informatio­n, the single window is a major indication of a country’s readiness for trade facilitati­on and it provides for single entry point by the shipper with the informatio­n being shared among government agencies involved in trade and other private sector players, such as banks and insurance.

“For a typical West African country, such as Nigeria, or Ghana, there are about 200 pieces of informatio­n to be provided by an importer/ exporter at offices of about 14 government agencies, banks and insurance and some of these may require a return visit where mistakes occur.”

Butterly noted that the single window reduces time of doing business by 50 per cent and can bring down cost of doing business by 25 per cent.

He said: “The single window reform is now helping to create a fundamenta­l change of the mindset. Countries even in Africa that have embraced and implementi­ng the single window have been able to reduce cost of doing business significan­tly and are doing so well. They include Coasta Rica and Rwanda and Ghana is also able to save about $200 million in 2015.

“Ghana is also forecast to move up from current global position of 171 to 121 out of 189 countries and sub-Saharan Africa rank of 36 to 16 out of 47 countries in ‘World Bank Trading Across Borders’ (ease of doing business) survey by 2020. By 2020, about 100 economies and some regions would have implemente­d the Single Window reform, enjoying the benefits of pre-clearance formalitie­s down from four days to 0.5 days and Customs clearance from 18 to nine days. The Single Window reduces export time from 22 to 11 days. But most importantl­y, Single Window is about people more than technology,” Butterly said.

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 ??  ?? Minister of Finance, Kemi Adeosun
Minister of Finance, Kemi Adeosun
 ??  ?? Col Hamid Ali, (RTD.)
Col Hamid Ali, (RTD.)

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