World Bank. Services Trade and International Negotiations Course April 20, A Practical Approach to Analyzing U.S.

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1 World Bank Services Trade and International Negotiations Course April 20, 2004 A Practical Approach to Analyzing U.S. Services Trade Richard W. Brown Chief, Services and Investment Division U.S. International Trade Commission

2 The United States International Trade Commission The Commission is an independent, nonpartisan, quasi-judicial federal agency. The mission of the Commission is to: (1) administer U.S. trade remedy laws pertaining to dumping and subsidies; (2) provide the President, USTR, and Congress with independent research and analysis on matters of international trade and competitiveness; and (3) maintain the Harmonized Tariff Schedule of the United States.

3 USITC Services Analysis The Commission s services analysis has qualitative and quantitative elements. BEA produces data on cross-border trade, foreign direct investment, and affiliate transactions annually. BEA also produces data in the National Income and Products Accounts that assist in examining the state of U.S. service industries. Nontariff barriers to services trade and investment are identified through a variety of means, and are usually discussed in a qualitative fashion.

4 Sources of information on foreign trade impediments Much of USITC services analysis focuses on the identification of foreign trade impediments. Much of this information is available electronically. GATS schedules National Trade Estimate Reports Country Commercial Guides WTO Trade Policy Review APEC Individual Action Plans Economic Policy & Trade Practices Reports EU Databases State Department cables Additional information is gathered through public hearings ITC public hearings In many instances, firms will not provide information in a public setting, but they will provide information in person-to-person interviews ** Affiliates of U.S. parent firms are especially valuable sources of information.

5 Industry-specific reports requested by the U.S. Trade Representative and Congress Express Delivery Services: Competitive Conditions Facing U.S.-Based Firms in Foreign Markets (USITC Pub. 3678, Apr. 2004) Solid and Hazardous Waste Services: An Examination of U.S. and Foreign Markets (USITC Pub. 3679, Apr Oil and Gas Field Services: Impediments to Trade and Prospects for Liberalization (USITC Pub. 3582, Mar. 2003) Natural Gas Services: Recent Reforms in Selected Markets (USITC Pub. 3458, Oct. 2001) Electric Power Services: Recent Reforms in Selected Foreign Markets (USITC Pub. 3376, Nov. 2000) All reports are available at

6 USITC reports on the projected effects of free trade agreements Section 2104(f)(2) of the Trade Act of 2002 provides that the Commission is to submit to the President and the Congress, no later than 90 calendar days after the President enters into the agreement, a report providing an assessment of the likely impact of the agreement on the U.S. economy as a whole and on specific U.S. industry sectors and consumers. Two such reports have been published so far U.S. Singapore Free Trade Agreement: Potential Economywide and Selected SectoralEffects (USITC Pub. 3603, June 2003) U.S. Chile Free Trade Agreement: Potential Economywide and Selected Sectoral Effects (USITC Pub. 3605, June 2003) Several more will be published soon Australia (forthcoming, approx. May 2004) Morocco (forthcoming, tentatively June 2004) Central America and Dominican Republic (forthcoming, tentatively July 2004) Andean Countries All reports available at

7 Trade impediment databases GATS article Number of violations II Most-favored-nation treatment 263 III Transparency 14 IV Increasing participation of developing countries 25 VI Domestic regulation 15 VIII-Monopolies and exclusive service suppliers 5 X-Emergency safeguard measures 1 XI Payments and transfers 2 XV Subsidies 12 XVI Market access 3,909 XVII National treatment 1,074

8 U.S. impediments to trade in services (as identified by the EU) Industry Air transport Banking Business Communications Express delivery Insurance Maritime transport Professional Nature of Reported Impediment Cabotage restrictions, ownership restrictions, government procurement restrictions, leasing restrictions Regulation varies by state, multiple regulatory bodies, state and federal restrictions on nationality of directors State residency requirements, representative office requirements Investment restrictions, lengthy licensing proceedings, reciprocity, MFN exemptions on DTH and DBS transmission and digital audio services Wartime Supplemental Appropriations Act Regulation varies by state Jones Act, government procurement restrictions Licensing regulations vary by state, licensing regulation lacks transparency, visa procedures lengthy and burdensome

9 Import Restraints report The Economic Effects of Significant U.S. Import Restraints: Third Update 2002 (USITC Pub. 3519, June 2002) USTR has requested that the Commission produce a report that measures welfare gains from liberalizing trade impediments. The 2002 report included discussions of maritime, trucking, and air transport services and financial services, but estimated welfare gains from liberalizing maritime trade impediments only. The study found that: Complete liberalization of maritime cabotage under the Jones Act would yield estimated welfare gains of $656 million. Liberalization of the U.S.-build requirement would yield estimated welfare gains of $261 million.

10 GATS coverage of services integral to express delivery services, by industry 100 Full commitments/potential commitments (Measurement of openness) Percent Cargo handling Courier On-line info and database retrieval Freight transport agency services Storage and warehousing Road transport: Freight transport Percent Partial and full commitments/potential commitments (Measurement of regulatory transparency) Countries included are: Argentina, Australia, Brazil, Canada, China, Chile, France, Germany, Greece, India, Italy, Japan, Mexico, Netherlands, New Zealand, Norway, Korea, Sweden, the United Arab Emirates, and the United Kingdom. Note:--The average, indicated by criss-crossed lines, is 28 percent for full commitments and 44 percent for partial and full commitments. Source: Compiled by the Commission.

11 GATS coverage of services integral to express delivery services, by country Full commitments/potential commitments (Measurement of openness) Percent Chile (GATS) France Germany Greece Netherlands Norway United Kingdom Sweden Argentina Japan Korea 3 United Arab Emirates New Zealand 3 Mexico 3 India 3 Brazil Australia Italy Percent Partial and full commitments/potential commitments (Measurement of regulatory transparency) Singapore (FTA) Chile (FTA) Canada China Service industries included are: On-line information and database retrieval, road transport --freight transport, cargo handling, storage and warehousing, freight transport agency services, and courier. 2 France, Germany, Greece, the Netherlands, Norway, and United Kingdom have the same data points. 3 India and Mexico have identical data points; New Zealand and the United Arab Emirates have identical data points.;and France, Germany, Greece, Netherlands, Norway, and the United Kingdom have identical data points. Note.-- An average (indicated by criss-crossed lines) is calculated without Chile and Singapore s FTA numbers, resulting in an average of 28 percent for full commitments and 44 percent for partial and full commitments. Source: Compiled by the Commission.