A new attitude
As they attempt to jumpstart global trade, world trade ministers are looking at border controls and other logistics issues in a whole new light
By Matthew T. McGrath -- Logistics Management, 2/1/2002
When the world's trade ministers gathered in Doha, Qatar, for the biennial World Trade Organization (WTO) meeting, they encountered clear azure skies above meeting sites that were surrounded by barbed wire and welcoming, friendly hosts accompanied by heavily armed anti-terrorist security forces.
Times have changed. When they met two years ago in Seattle, the global economy was humming, delegates could shrug off the protests of anti-globalization activists, and there appeared to be no immediate need for a new round of multilateral trade negotiations. This time, however, with a war against terrorism raging only a few hundred miles away and a rapidly widening global recession, a new sense of urgency infused their efforts.
Many logistics managers, confronted with the harsh post-Sept. 11 realities of strict border security and potentially disastrous clearance delays, probably viewed the Doha meeting as just another round-up of trade policy pooh-bahs talking about issues that didn't directly affect logistics, such as international patent rules and investment laws. But they would be mistaken.
In fact, the Doha meeting merits their close attention because it revived the WTO's efforts to conduct a new round of comprehensive trade negotiations that will affect not only the rules of trading, tariffs and dispute resolution, but also customs practices and technical "rules of the road." The world's trade ministers have now formally acknowledged that recharging the global economic engine requires both the elimination of trade barriers and the harmonization and simplification of legitimate border controls. For anyone who must address a growing list of divergent customs procedures—and the likely spread of stricter but uncoordinated anti-terrorism measures—that should be good news.
Trade Facilitation Takes Center StageOf greatest interest to the logistics sector was the WTO members' explicit recognition of "the case for further expediting the movement, release and clearance of goods, including goods in transit." Although international instruments such as the Kyoto Convention on Customs Procedures do address specifics of customs clearance practices, that treaty's influence has been diminished by the perception that it is a decree imposed by the big players on smaller nations. Some observers, for example, have criticized the Kyoto Convention's focus on automation, modern risk assessment and post-entry auditing as a luxury that is beyond the resources and capabilities of many less-developed countries.
This willingness to discuss customs practices inside the WTO tent, however, demonstrates a new understanding that clearance costs and procedures impose just as serious an impediment to sustained development as do high tariffs or other technical barriers. Just as importantly, a coordinated effort aimed at simplifying border controls will be easier to achieve—and probably less onerous to implement—than a patchwork of separate enforcement and border integrity initiatives.
Serious negotiations on trade facilitation will not begin until 2003 (the Doha Declaration establishes a schedule for various phases of the negotiations and a deadline for agreement of Jan. 1, 2005), but customs administrations around the world will now be forced by their trade ministries to agree upon standards that both address security interests and facilitate trade, rather than simply maximize tax revenues. For many bureaucrats, that will be a difficult change to make.
Stumbling Blocks RemainIn addition to customs clearance and other border controls, the Doha meeting covered a wide range of more traditional trade topics. Many of the stumbling blocks from Seattle—proposals to eliminate agricultural subsidies, enforce international labor standards, implement intellectual property protection, and impose restrictive anti-dumping regimes—still remained. But the negotiators seemed more determined to overcome them, or at least to defer hard decisions, in a show of solidarity. U.S. Trade Representative Robert Zoellick made clear his commitment to inclusiveness before the meeting convened by making concessions that eased intellectual property and anti-dumping rules. Those concessions were attractive to developing countries, whose current or future support for U.S. national security initiatives was a motivating factor behind the U.S. actions. Reciprocity compelled concessions to industrial economies' demands for stronger labor, environmental and competition standards. These had caused no small degree of anxiety at the Seattle meeting among the less-developed countries, which feared that higher standards would lock them out of lucrative world markets.
Developing countries, newly organized (if only loosely) around the self-declared leadership of India, pressed for elimination of export subsidies for agricultural products, where their potential for competitive growth is greatest. The 1995 Uruguay Round Agreements had established basic limitations on national agricultural subsidies, but sporadic talks over the past two years have not made substantial progress toward eliminating export subsidies altogether. Although the United States maintains questionable domestic subsidies, it was willing to concede on the issue of export subsidies. The European Union, driven by France, finally agreed to negotiations "without pre-judging the outcome" on phasing out all export subsidies as well.
Another pet project of both developing countries and importers in the developed world is reining in the developed countries' protectionist impulse to apply anti-dumping duties against low-cost suppliers. The United States and European Union in particular have taken full advantage of WTO anti-dumping codes to protect their most politically vocal industries through heavily biased interpretations of international price-discrimination standards. They agreed to add the issue to the Doha agenda, albeit in a two-step process that identifies the "trade distorting practices" of each participant before beginning the real negotiations. Once again, careful wordsmithing and delayed starts for negotiations satisfied the participants enough to move the issue forward.
Of course, the new round of negotiations will also take up issues that had been raised in past multilateral discussions, such as tariff reductions, elimination of non-tariff barriers, government procurement transparency and services. The members agreed to consider the sticky issue of trade and competition policy, since mergers and consolidations have affected the health of industries around the world, yet antitrust rules for the most part will remain a matter of domestic jurisdiction. Any movement toward consistency in the legal treatment of cartels or anti-competitive practices, whether by advanced or emerging economies, will have to recognize the existence of differing perspectives derived from different levels of development.
Greasing the "Fast Track"Complicating the Bush administration's efforts to turn the promise of Doha into real economic opportunities will be the domestic political tradeoffs it has made in order to secure negotiating authority from Congress. Last year, the administration renamed what used to be called "fast track authority" as "Trade Promotion Authority (TPA)," presumably to downplay the perception that trade agreements would slide past Congress without an opportunity for substantive review.
Though the packaging is different, the concept remains unchanged: Trade agreements reached by the president would be submitted to Congress as an entirety, not subject to amendment, for an up-or-down vote within 90 days. In December, with Congress evenly split on the issue (even in this era of the "New Bipartisanship"), the White House and House leadership made numerous promises to secure passage of the legislation, which ultimately passed by a single vote. Those deals included limitation of special trade programs benefiting imported apparel; assurances to the steel industry regarding protective tariffs that may, at least temporarily, circumvent the WTO; and special review provisions for import-sensitive agricultural commodities (mostly in horticultural and special program commodities). At this writing, the TPA bill awaits passage by the more trade-friendly Senate.
As negotiations progress, both in multilateral talks and in regional initiatives like the Free Trade Area of the Americas (FTAA), Congress will now have a statutorily dictated seat at the table, even if it is not accorded an effective veto over the deals cut by the U.S. Trade Representative. It is important to remember that the president does not actually need authority from Congress to negotiate. TPA and its predecessor Fast Track are really just legislative procedures that are agreed to in advance.
But the importance of that procedure cannot be understated. The normal legislative process permits Congress to slice and dice its way through any carefully prepared filet of trade agreement the president might place on the table, a possibility the TPA bill eliminates. That assurance of an up-or-down vote without amendment is the inducement that other countries need to make their best offers. Brazil's threat to withdraw from FTAA talks in protest of the agriculture restrictions in the House version of the TPA bill illustrates just how important that authority is in the overall negotiating process. Yet TPA also has been viewed with suspicion by domestic interests, who assume that they will pay a price.
Despite these political challenges, one thing is clear: Logistics considerations will now assume a more prominent role in multilateral negotiations, to the ultimate benefit of the trading community. Ironically, the confluence of events both dismal (global recession) and tragic (Sept. 11) has driven customs procedures to the front of the WTO agenda. If they survive this obstacle course of unrelated political and diplomatic concerns, these endeavors to facilitate trade—through coordinated security procedures, supply chain integrity standards, clearance simplification, and data harmonization—will be well worth the effort.
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