India-Asean Free Trade Agreement: Submitted To Dr. James Manalel
India-Asean Free Trade Agreement: Submitted To Dr. James Manalel
TRADE AGREEMENT
SUBMITTED TO DR. JAMES MANALEL
2/19/2010
MBA-IB
SMS, CUSAT
Table of Contents
Table of Contents...................................................................................................2
ABSTRACT: ........................................................................................................... 4
SUMMARY OF AGREEMENT ON TRADE IN GOODS UNDER THE FRAMEWORK
AGREEMENT ON COMPREHENSIVE ECONOMIC COOPERATION BETWEEN THE
ASSOCIATION OF SOUTHEAST ASIAN NATIONS AND THE REPUBLIC OF INDIA.......5
TARIFF CONCESSIONS..........................................................................................11
SAFEGUARD MECHANISM.....................................................................................12
OPPOSITION TO INDIA-ASEAN FTA........................................................................12
IMPACT ON INDIA................................................................................................. 13
FUTURE PLANS..................................................................................................... 15
CONCLUSION........................................................................................................16
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CONTENTS
ABSTRACT
TARIFF CONCESSIONS
IMPACT ON INDIA
FUTURE PLANS
CONCLUSION
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ABSTRACT:
The report provides an overview of the India-ASEAN Free Trade Agreement. It
focuses mainly on the summary of the agreement signed, the tariff concessions, reasons
for opposition from India and some ASEAN countries and also the impact of the FTA
on India. It also summarises the future plans.
On 13th August 2009, India and the ASEAN (Association of South East Asian Nations)
comprising Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia,
Myanmar, Philippines, Singapore, Thailand and Vietnam signed the Trade in Goods
Agreement under the broader framework of Comprehensive Economic Cooperation
Agreement (CECA) between India and the ASEAN. The Agreement has come into
force on 1st January 2010 in respect of Malaysia, Singapore and Thailand. In the case
of other countries, it will come into force after they complete their internal
requirements.
Along with the Trade in Goods Agreement, the following related Agreements have also
been signed: (a) Protocol to Amend the Framework Agreement on Comprehensive
Economic Cooperation between India and the Association of Southeast Asian Nations,
(b) Agreement on Dispute Settlement Mechanism under the Framework Agreement on
Comprehensive Economic Cooperation between India and the Association of Southeast
Asian Nations and (c) Understanding on Article 4 of the Trade in Goods Agreement
under the Framework Agreement on Comprehensive Economic Cooperation between
India and the Association of Southeast Asian Nations.
Anand Sharma, the Commerce and Industry Minister, who signed the agreement for
India, remarked “This is a historic development, given rising engagement between India
and ASEAN and the enhanced economic cooperation. This agreement will open new
opportunities for multi-sectoral engagement”.
Bilateral Trade
The Trade in Goods Agreement would further boost bilateral trade between India and
the ASEAN. ASEAN is a major trading partner for India and accounts for 9.42% of its
global trade. In the financial year 2008-09, bilateral trade between India and ASEAN
was almost US$ 45 billion. India and ASEAN have set a target of achieving bilateral
trade of US$ 50 billion by 2010 which is likely to be achieved.
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SUMMARY OF AGREEMENT ON TRADE IN GOODS UNDER THE
FRAMEWORK AGREEMENT ON COMPREHENSIVE ECONOMIC
COOPERATION BETWEEN THE ASSOCIATION OF SOUTHEAST
ASIAN NATIONS AND THE REPUBLIC OF INDIA
Scope
This Agreement shall apply to trade in goods and all other matters relating thereto as
envisaged in the Framework Agreement on Comprehensive Economic Cooperation
between the Association of Southeast Asian Nations and the Republic of India.
Each Party, an ASEAN Member State or India, shall accord national treatment to the
goods of the other Parties in accordance with Article III of GATT 1994, which shall
apply, the necessary changes having been made, to this Agreement. Article III of GATT
1994 is mentions about the functions of WTO, which implies the implementation,
administration, operation, and furthers the objectives, of this Agreement and of the
Multilateral Trade Agreements, and shall also provide the framework for the
implementation, administration and operation of the Pluri-lateral Trade Agreements.
The WTO may also provide a forum for further negotiations among its Members
concerning their multilateral trade relations, and a framework for the implementation of
the results of such negotiations, as may be decided by the Ministerial Conference. With
a view to achieving greater coherence in global economic policy-making, the WTO
shall cooperate, as appropriate, with the International Monetary Fund and with the
International Bank for Reconstruction and Development and its affiliated agencies.
As per the agreement each Party shall gradually liberalize, where applicable, applied
MFN tariff rates; shall include in-quota rates and shall in the case of ASEAN Member
States (which are WTO Members as of 1 July 2007) and India, refer to their respective
applied rate as of 1 July 2007, except for products identified as Special Products and in
the case of ASEAN Member States (which are non-WTO Members as of 1 July 2007),
refer to the rates as applied to India as of 1 July 2007, except for products identified as
Special Products in the Schedules of Tariff Commitments; in the Schedules of Tariff
Commitments on originating goods of the other Parties.
Nothing in this Agreement shall prevent any Party from unilaterally accelerating the
reduction and/or elimination of the applied MFN tariff rates on originating goods of the
other Parties as set out in its tariff reduction/elimination.
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Transparency
Rules of Origin
The Rules of Origin and Operational Certification Procedures applicable to the goods
covered under this Agreement. They are
• Where the Product Specific Rule requires only regional value content, the final
process of production must be performed within a Party.
• Where the change in tariff classification rule expressly excludes a change from
other tariff classifications, the exclusion applies only to non-originating materials.
Non-Tariff Measures
(a) not institute or maintain any non-tariff measure on the importation of goods from
the other Parties or on the exportation or sale for export of goods destined for the
territory of the other Parties, except in accordance with its WTO rights and obligations
or other provisions in this Agreement; and
(b) Ensure the transparency of its non-tariff measures allowed under subparagraph (a)
and their full compliance with its obligations under the WTO Agreement with a view to
minimizing possible distortions to trade to the maximum extent possible.
2. The Parties reaffirm their rights and obligations under the Agreement on Technical
Barriers to Trade in Annex 1A to the WTO Agreement and the Agreement on the
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Application of Sanitary and Phytosanitary Measures in Annex 1A to the WTO
Agreement, including notification procedures on the preparation of relevant regulations
to reduce their negative effect on trade as well as to protect human, animal or plant life
or health.
3. Each Party shall designate its contact point for the purpose of responding to queries
related to this Article.
Modification of Concessions
1. The Parties shall not nullify or impair any of the concessions made by them under
this Agreement, except as provided in this Agreement.
2. Any Party may, by negotiation and agreement with any other Party to which it has
made a concession, modify or withdraw such concession made under this Agreement.
In such negotiations and agreement, which may include provision for compensatory
adjustment with respect to other goods, the Parties concerned shall maintain a general
level of reciprocal and mutually advantageous concessions not less favorable to trade
than that provided in this Agreement prior to such agreement.
Safeguard Measures
Safeguard measures are used by a party to protect its domestic industries from the
imports of goods which are absolute or relative to domestic production. Every party,
which is a WTO member have the right to initiate a safeguard measure. All the
communication and documentation regarding safeguard measures shall be in writing
and shall be in English. The agreement on safeguard shall not be subject to the
agreement on dispute settlement mechanism under the framework agreement.
Safeguard measure should be within the transition period for that good. The Transition
period for a good shall begin from the date of entry into force of this agreement and end
five years from the date of completion of tariff reduction/elimination for that good.
These measures can be maintained for an initial period of 3 years and may be extended
for a period not exceeding 1 year.
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The termination of a safeguard measure will result in further reduction of tariff rate.
When a Party intends to apply, pursuant to Article XIX of GATT 1994 and the
Agreement on Safeguards or Article 5 of the Agreement on Agriculture, an action on a
good to which safeguard measure is being applied, it shall terminate the safeguard
measure prior to the imposition of the action.
Nothing in this Agreement is giving way to prevent the Party from taking measures
with regards to balance of payments.
1. Any state or separate customs territory possessing full autonomy in the conduct of
its external commercial relations and of the other matters provided for in this
Agreement and the Multilateral Trade Agreements may accede to this Agreement, on
terms to be agreed between it and the WTO. Such accession shall apply to this
Agreement and the Multilateral Trade Agreements annexed thereto.
2. Decisions on accession shall be taken by the Ministerial Conference. The Ministerial
Conference shall approve the agreement on the terms of accession by a two-thirds
majority of the Members of the WTO.
3. Accession to a Plurilateral Trade Agreement shall be governed by the provisions of
that Agreement.
And the Understanding on Balance of Payments Provisions of the General Agreement
on Tariffs and Trade 1994 in Annex 1A to the WTO Agreement.
General Exceptions
Each firm retains its rights and obligations under Article XX of GATT 1994, which is
included, and changing those things which are to be changed are also included in the
agreement.
Fissionable materials where they come from, action relating to the traffic in arms,
ammunition and implements of war either directly or indirectly. Action taken so as to
protect critical communications infrastructure from deliberate attempts intended to
disable or degrade such infrastructure, action taken at critical time of war or other
emergency in international relations.
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Prevent parties from taking any action in fulfilling its obligations under UN for
maintaining international peace and security.
Customs Procedures
Customs procedure should be transparent. Customs should provide fast and precise info
with all relating details which the firm must be made aware of. Parties are to be made
themselves aware of the procedures in customs clearance so a smooth operation can be
taken out.
ASEAN – The article 15 of the agreement implies that, all the member countries can
take reasonable measures to ensure that the state, regional local governments &
authorities within its territories do abide by the rules & regulations of the agreement
and strictly implement them. The measures can be taken in accordance with the
provisions of the article 24.12 of GATT 1994 and the Understanding on the
Interpretation of Article XXIV of GATT 1994.
Article 16 deals with the relation of the ASEAN with other agreements. Each member
country of this agreement can reaffirm their rights and obligation to the WTO
agreements and also to other agreements to which it is Party. No condition of the
ASEAN agreement shall be interpreted and reflected to be less serious, with regard to
the WTO agreement or any agreement to which these parties are party.When there is a
state of inconsistency between this agreement and any other agreement to which two or
more parties are party, such parties should immediately consult with a view of finding a
mutually satisfying solution.
The Free Trade Agreement shall not apply to any agreement among ASEAN member
states or to any agreement between ASEAN member states and India, unless and
otherwise agreed by the parties to that agreement.
Joint Committee
(b) Submit a report to the Parties on the implementation and operation of this
Agreement
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(c) Consider and recommend to the Parties any amendments to this Agreement
(d) Supervise and coordinate the work of all Sub-Committees established under this
Agreement
Dispute Settlement
Article 18 refers to the method of resolving the various disputes concerning the
interpretation, implementation or application of this agreement, which has to be done in
accordance with the procedures and mechanisms as set out in the ASEAN - India
Dispute Settlement Mechanism (DSM), agreement.
Review
The ASEAN FTA establishes an "FTA Joint Committee" to review the implementation
and operation of the FTA and recommend any amendments to it. The FTA Joint
Committee will meet within one year of the FTA entering into force and thereafter as
the Parties (ASEAN member states and India) agree. A general review of the ASEAN
FTA will take place in 2016, and every five years thereafter. This review provides the
opportunity to accelerate or expand the commitments under the ASEAN FTA. Annexes
and appendices will be an integral part of this agreement. In future ASEAN member
states and India may adopt legal instruments according to the provisions made by the
agreement and also proposed by the joint committee. Once these are into force the
instruments become integral part of the agreement.
These agreements can be amended through agreements between the parties on written
basis. Any amendment will come into force when all the parties have agreed on the
internal procedures.
TAHIR’S PORTION
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TARIFF CONCESSIONS
Under the Trade in Goods Agreement, Schedules of Tariff Commitments have been
drawn by all Parties indicating product-wise tariff concessions or no concessions. The
tariff commitments of India are divided in the following categories:
Normal Track 1 – 7775 products (at HS code 8 digit level) through annual cuts between
1.1.2010 and 31.12.2013
Normal Track 2 – 1252 (at HS code 8 digit level) products through annual cuts between
1.1.2010 and 31.12.2016
Sensitive Track – to 5% on 1805 (at HS code 8 digit level) products through annual cuts
between 1.1.2010 and 31.12.2016
Highly Sensitive Track – to 37.5% on Crude Palm Oil, 45% on Refined palm Oil,
Coffee, Tea and 50% on Pepper through annual cuts between 1.1.2010 and 31.12.2019
Exclusion (Negative) List: No tariff concession is offered for 1297 products (at HS
code 8 digit level).
Vegetables – Tomato, onion, garlic, ginger, carrot, radish, cauliflower, cucumber, peas,
beans, chilli, capsicum, potato, etc
Fruit/Nuts – coconut, copra, cashew kernel, areca nut, betel nut, banana, pineapple,
guava, mango, oranges, grapes, raisin, apple, lemon, watermelon, papaya, cherries, etc
Spices - chilli powder, nutmeg, vanilla, cardamom, fenugreek, coriander seeds, cumin,
turmeric, mustard seeds, poppy seeds, etc
Cereals/Grains – rice, wheat, maize, sorghum, jowar, bajra, ragi, malt, etc
Fish/Fisheries – Trout, Sole, Tuna, Herring, Cod, Sardine, Mackerel, Hilsa, Dara,
Seer, Pomfret, Cuttlefish, Shrimp, Prawn, Crab, Lobster, processed Tuna, Caviar, etc
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Others - natural rubber, tobacco, roses, carnations, orchids, milk, butter, ghee, natural
honey, starches, sugar, jaggery, tapioca, etc
Auto – Cars, buses, 3-wheelers, lorries, trucks, chassis, brakes, clutches, silencers,
safety belts, etc
Chemicals – Kerosene oil, Diesel, Aviation Fuel, Zinc Oxide, Red Oxide, Distemper,
Herbicides, Disinfectants, etc.
Timelines for Tariff Commitments have also been indicated by all Parties along with
the annual tariff cuts to be undertaken starting from is January 2010. The end dates for
achieving all the desired end-rates of tariff are:
31st December 2019 for India and ASEAN-5 (namely, Brunei, Indonesia, Malaysia,
Singapore and Thailand),
31st December 2024 for New ASEAN Member States (namely, Cambodia, LaoPDR,
Myanmar and Vietnam).
For India’s agreed tariff lines, tariff elimination would be achieved in two phases –
by 31st December 2013 and 31st December 2016.
SAFEGUARD MECHANISM
The Agreement provides for a safeguard mechanism to address sudden surge in imports
on account of tariff concessions. When a surge is likely to hurt the domestic industry,
safeguard measures including imposition of safeguard duties can be initiated to prevent
or remedy serious injury and to facilitate adjustment for the domestic industry. A Party
shall have the right to initiate a safeguard measure any time during the transition period.
The transition period begins from the date of entry into force of the Agreement and
ends five years from the date of completion of tariff reduction or elimination. For
instance, if a surge in import of palm oil causes or threatens to cause a serious injury to
the domestic edible oil industry, India can invoke safeguard measure anytime during
1.1.2010 to 31.12.2024.
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of the state. However, the state government of Kerala is concerned that bringing down
duties for tea, coffee; palm oil and rubber could hit the local farmers and industry hard.
With the Indo-ASEAN Free Trade Agreement (FTA), agricultural experts, fishermen's
representatives, trade union leaders and Kerala's Marxist Chief Minister VS
Achuthanandan had been at pains to convince the pro-reform central government of
Prime Minister Manmohan Singh that the deal should be postponed or even scuttled.
Indonesia and Malaysia, which had pushed the hardest for paring of duties by India on
palm oil, continue to express their displeasure over the levels agreed to by the two
sides. The two countries could create trouble in getting the treaty ratified by their
respective governments, the official added. This, however, may not turn out to be a big
problem as the India-Asean FTA can be implemented even if a couple of countries do
not get it ratified immediately.
IMPACT ON INDIA
The Agreement would lead to growth in bilateral trade and investment resulting in
economic welfare gains to India. Indian exporters of Machinery & Machine Parts, Steel
& Steel Products, Oilcake, Wheat, Buffalo Meat, Automobiles & Auto Components,
Chemicals, Synthetic Textiles, etc would gain additional market access into the ASEAN
countries. Indian manufacturers would be able to source products at competitive prices
from the ASEAN markets. Despite concerns raised by the Indian industry and
objections raised by some ASEAN countries like Indonesia and Malaysia, allaying their
fears by some give and take and concluding an amicable agreement is an achievement,
though inordinately delayed. It is a major step in India’s “Look East” policy in reducing
its dependence on trade with U.S. and E.U. and turning towards South East Asia will
strengthen its regional dynamics. China has already an FTA with ASEAN, perhaps on
more favourable terms. By this FTA, India, though not by way of competition, will
have access to this flourishing market and ASEAN will reduce its heavy dependence on
China.
The omission of software and information technology from the FTA is a set back as it is
in this sector where Indian exporters could have brought in good business especially
with the down turn in the U.S. markets.
Trade
The deepening of ties between India and ASEAN is reflected in the continued buoyancy
in the trade figures. The trade grew by 13 per cent during April-September 2007-08 to
US$ 17.02 billion as against US$ 15.06 billion during the same period in 2006-07.
ASEAN is India’s fourth-largest trading partner after the EU, US and China. Indo-
ASEAN trade, which has been growing at a compounded annual growth rate (CAGR)
of 27 per cent since 2000, stood at US$ 38.37 billion in 2007-08. The bilateral trade
between India and the ten-member ASEAN now stands at US$ 48 billion annually.
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Singapore
The growing bilateral economic relationship is reflected in the rapidly rising bilateral
trade between Singapore and India. The cumulative FDI inflow to India from Singapore
during April 2000-April 2009 was around US$ 7.9 billion. Singapore continues to be
the single largest investor in India amongst the ASEAN countries with FDI inflows into
India and the second largest amongst all countries, rising to US$ 3.45 billion in 2008-
09. FDI inflows from Singapore between April-July 2009 stood at US$ 759 million,
taking the cumulative inflows from April 2000 - July 2009 to US$ 8.57 billion.
The total bilateral trade during 2007-08 was US$ 15.49 billion and India exported
goods worth US$ 6.6 billion in April-December 2008-09.
ICICI Bank is all set to become the second Indian financial institution to get a full-
fledged banking license in Singapore, which will allow it to set up branches, ATMs,
take deposits and disburse loans like a local bank. State Bank of India is already a fully
recognized bank in Singapore.
Malaysia
The bilateral economic relationship between India and Malaysia has been steadily
moving ahead. Malaysia has been a huge source of FDI for India. In fact, Malaysia is
the twenty-fourth largest overall investor and second largest investor among ASEAN
countries with a total inflow of US$ 233.74 million during April 2000-July2009.
Bilateral trade among the two countries amounted to US$ 10.5 billion during 2008-09.
During the same period, US$3 8.7 million worth of Malaysian investments in India
were primarily in sectors like construction, real estate and business services.
India is the ninth-biggest investor in Malaysia. However, there is huge potential for
collaboration in the automotive, ICT, pharma and biotechnology, machinery and
supporting engineering industries and services sectors like education and tourism.
Myanmar
During the period April-December 2008-09, India exported goods worth US$ 173.28
million to Myanmar comprising mainly of iron and steel and pharmaceuticals. FDI
inflows from Myanmar into India totalled to US$ 8.96 million during April 2000-July
2009. Bilateral trade stood at US$ 995.37 million during 2007-08.
In April 2008, India and Myanmar signed the Double Taxation Avoidance Agreement,
which will enable both nations to prevent tax evasion and ensure that business profits
are taxed only in the country where the company has a permanent establishment.
Indonesia
During the period April-December 2008-09, India exported goods worth almost US$
1.82 billion to Indonesia, comprising mainly of organic chemicals, mineral fuels and
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ships and boats. The trade target likely to be achieved by 2010 is US$ 10 billion. FDI
inflows from Indonesia into India totalled to US$ 51.90 million during April 2000-July
2009.
Moreover, India and Indonesia have signed a memorandum of understanding (MoU) for
cooperation in the field of agriculture and allied sectors.
Thailand
Bilateral trade between the two countries touched US$ 4.11 billion in 2007-08, as
compared to US$ 3.18 billion in 2006-07, registering a growth of 28.97 per cent.
During the period April-December 2008-09, India exported goods worth almost US$
1.44 billion to Thailand. Total FDI inflow during April 2000-July 2009 from Thailand
was US$ 55.36 million. The sectors that have witnessed Thai investment are
telecommunication, hotel & tourism, food processing, trading and chemicals.
With the signing of the free trade agreement (FTA) between India and ASEAN
countries, Thailand is targeting US$ 10 billion bilateral trade in 2010.
Vietnam
Bilateral trade grew to US$ 1.77 billion in 2007-08 from US$ 1.14 billion in 2006-07.
During the period April-December 2008-09, India exported goods worth almost US$
1.13 billion.
Philippines
Bilateral trade between India and Philippines was worth US$ 823.69 million in 2007-
08. During the period April-December 2008-09, India exported goods worth almost
US$ 574.22 million to Philippines.
Cambodia
During 2007-08, bilateral trade between the two countries stood at US$ 56.32 million in
2007-08. India exported goods worth US$ 35.94 million in April-December 2008-09,
chiefly comprising pharmaceuticals, coffee, tea, spices and cotton.
FUTURE PLANS
India and ASEAN are currently negotiating Agreements on Trade in Services and
Investment which are targeted to be concluded by August 2010. ASEAN provides a
great potential for export of services by India. ASEANs total trade in services is US$
280.90 billion compared to India’s US$ 137.50 billion in 2006.They are expected to
reach a conclusion on investment this year and then services later, turning the FTA into
a more comprehensive pact. India has made requests in a number of areas including
teaching, nursing, architecture, chartered accountancy and medicine as it has a large
number of English speaking professionals in these areas who can gain from job
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opportunities in the ASEAN region. India is also keen on expanding its telecom, IT,
tourism and banking network in the ASEAN countries.
CONCLUSION
On the strategic front, there has been a remarkable improvement in the ties between
India and the ASEAN member countries. ASEAN and India share a range of concerns,
including energy security, sustainable development, the protection of the environment
and the fight against terrorism. There can be no doubt that a closer partnership between
India and ASEAN will be a win-win situation for both the parties.
The ASEAN countries with large populations and consumption patterns are important
drivers of growth. With a combined Gross Domestic Product (GDP) of US$ 2.3 trillion
as of now, they together will create a new free trade area of 1.7 billion people and cover
11 countries.
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