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Bilateral Trade Agreements – Issues and Concerns for ... - Equations

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<strong>Bilateral</strong> <strong>Trade</strong> <strong>Agreements</strong>: <strong>Issues</strong> <strong>and</strong> <strong>Concerns</strong> <strong>for</strong> India 25<br />

3.0 Millstones be<strong>for</strong>e<br />

reaching Milestones<br />

When there are so many trade agreements<br />

being planned with different parts of the world,<br />

there are also bound to be many different kinds<br />

of problems in negotiating each. Firstly, the various<br />

lobbies that influence the government’s negotiation<br />

position on these agreements are also not in<br />

agreement about their st<strong>and</strong>. In India, the two<br />

leading industry lobbies, viz. Confederation of<br />

Indian Industry (CII) <strong>and</strong> Federation of Chambers<br />

of Commerce <strong>and</strong> Industry (FICCI) take strikingly<br />

differing positions on the Indo-Singapore CECA<br />

alone.<br />

It is not only industrial lobbies that are arguing<br />

over the acceptability of trade agreements, with<br />

their motives of profit making; research bodies,<br />

that are supposed to be non-partisan <strong>and</strong> provide<br />

intelligence to the policy-makers in matters of<br />

international economic <strong>and</strong> political relations, ‘lock<br />

horns over FTAs’. The inconsistency of the research<br />

base of the country could lead to confused decision<br />

making or one depending on which party was<br />

able to influence the government better. An<br />

example is the Indo-US FTA, which was first being<br />

negotiated in services only. Deviating from this<br />

position, the US government has now stated that<br />

it would like the FTA with India to be more<br />

comprehensive <strong>and</strong> cover other sectors as well.<br />

Why this decision came as suddenly as it did is<br />

something that has not become apparent.<br />

These are only the beginnings of the problems<br />

that arise when negotiating trade agreements.<br />

Probably the most contentious issue surrounding<br />

these agreements is that of the ‘rules of origin’<br />

(RoO).<br />

“Rules of origin have become an essential part<br />

of any trade policy regime, <strong>for</strong> commercial policy<br />

tools, more often than not, discriminate among<br />

countries. Administration of quotas, preferential<br />

tariffs, anti-dumping actions, countervailing duties,<br />

government procurement, etc, requires clearly<br />

defined rules of origin. The rules of origin are also<br />

important <strong>for</strong> application of labelling <strong>and</strong><br />

marketing requirements as well as <strong>for</strong> collection<br />

of trade statistics. But, the process of determining<br />

origin might have been relatively easy <strong>and</strong> dispute<br />

free until recently, because production of individual<br />

commodities rarely involved more than one<br />

country. It is the growing internationalisation of<br />

production <strong>and</strong> consequent involvement of more<br />

than one country in the production of most<br />

commodities that made the origin of commodities<br />

a contested terrain.” (CDS WP 353, Dec 2003)4<br />

It is almost rare today that a product being<br />

exported, is made wholly by the exporting country,<br />

4 Centre <strong>for</strong> Development Studies, Tiruvanantapuram, Working Paper 353 December 2003. The WTO Agreement on Rules of Origin: Implications <strong>for</strong> South<br />

Asia. K N Harilal <strong>and</strong> P L Beena}

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