Financial Services Liberalization and its Sequencing in the APEC Region: WTO and RTAS

Similar documents
Risk Management in the Banking Sector of APEC Economies: Current Practices and Capacity-Building Challenges

Financing Small and Medium Enterprises: Challenges and Options

Bank Ownership and Risk Management in the Asia-Pacific Region: Divergence and Convergence of Practices

Trade Note April 11, 2007

The Rise Of Regionalism In The Multilateral System And Features Of Preferential Trade Agreements In Asia And The Pacific

Regionalism in Services

GATS + Liberalization in East Asian FTAs: Architectural Aspects and Achievements

Models for Services Negotiation in RTA/FTA: Options for Developing Countries

The Rise Of Regionalism In The Multilateral System And Features Of Preferential Trade Agreements In Asia And The Pacific

Productivity Commission Study into Bilateral and Regional Trade Agreements. ANZ Submission

Presentation by Economy Under Review - Chile

MODERNIZING SERVICES IN. Sherry Stephenson Senior Fellow, ICTSD NAFTA

LDC Services: Geneva Practitioners Seminar Series: Making Sense of GATS and Applying Good Practices in Services Negotiations

Legal Review of FTA Tariff Negotiations

Regionalism in Services. Aaditya Mattoo and Pierre Sauvé

E. TAKING ADVANTAGE OF REGIONAL TRADE AND INVESTMENT AGREEMENTS

ICC recommendations for completing the Doha Round. Prepared by the Commission on Trade and Investment Policy

CONSULTATION ON TRADE NEGOTIATIONS WITH THE UNITED STATES

Free Trade Agreements and the Multilateral Trade System. FTA and WTO/Harmonization /Developing Countries/Environment Mitsuo Matsushita

ANNUAL SESSION OF THE PARLIAMENTARY CONFERENCE ON THE WTO Geneva, 1-2 December 2006

OLD ISSUES IN NEW REGIONALISM

APEC AND PROGRESS TOWARD BOGOR GOALS

The General Agreement on Trade in Services (GATS): objectives, coverage and disciplines

CARIBBEAN REGIONAL NEGOTIATING MACHINERY THE TREATMENT OF PROFESSIONAL SERVICES IN THE EPA

Basic Elements. GATS: Scope and coverage. What are services? GATS AND THE CURRENT SERVICES ROUND. GATS - Basic Features Washington, April 2004

Bilateral Agreements in EU trade policy

Analysis of Regional Investment Frameworks Worldwide

SYSTEMIC ISSUES IN INTERNATIONAL INVESTMENT AGREEMENTS (IIAs)

Economy Report: Korea

CONDUCTING NEGOTIATIONS AND POST NEGOTIATION ISSUES

Economy Report - China

Raising Standards of Regional Liberalisation

Presented by S K Mohanty, Fellow, RIS

APEC Japan METI/MOFA Process

Current Status and Future Prospects of the TPP Negotiations

Services Trade: Essential Fuel for U.S. and Global Economic Growth

OAS TRADE UNIT STUDIES Analyses on trade and integration in the Americas

AUSTRALIA S POLICIES TOWARDS PROTECTION AND FREE TRADE

Pascal Kerneis Managing Director ESF (European Services Forum)

The Next-Generation Interactive APEC Tariff Database

2017/SOM3/DIA/005. GATS Plus - Services. Submitted by: Australia

REGIONAL TRADE AGREEMENTS AND THE MULTILATERAL TRADING SYSTEM PREPARED BY THE WORLD TRADE ORGANIZATION DISCUSSION PAPER FOR THE G20

Basel Committee on Banking Supervision. Consultative Document. Home-host information sharing for effective Basel II implementation

ASEAN+3 or ASEAN+6: Which Way Forward?

Comments in Response to Executive Order Regarding Trade Agreements Violations and Abuses Docket No. USTR

National Interest Analysis

Hong Kong, China. Dashboard - Cover Note

2007/SOM2/IEG-GOS/WKSP/002a Services in International Investment Agreements (IIA) - Presentation

GATS and water services

WTO AND REGIONAL TRADE LIBERALISATION: IMPLICATIONS ON ASEAN

PREFERENTIAL TRADING ARRANGEMENTS

Canada-Australia Trade and Economic Cooperation Arrangement (TECA)

10 th Anniversary of the Fifth Protocol to the General Agreement on Trade in Services

Study of Regional and Bilateral Agreements by the Productivity Commission. Analysis of Recent Developments Commissioned and reviewed by the BCA

( ) Page: 1/8 WORK PROGRAMME ON ELECTRONIC COMMERCE NON-PAPER FOR THE DISCUSSIONS ON ELECTRONIC COMMERCE / DIGITAL TRADE FROM JAPAN

ENHANCING TRADE AND INVESTMENT, SUPPORTING JOBS, ECONOMIC GROWTH AND DEVELOPMENT: OUTLINES OF THE TRANS-PACIFIC PARTNERSHIP AGREEMENT

Introduction. Institute for International Economics Institute for International Economics

Economic Institution Building in Asia

EUROPEAN BUSINESS COUNCIL (EBC) Call for Preliminary Talks on an EU-Japan Economic Integration Agreement. June 03, 2007

GATS negotiations in financial services: The EU requests and their implications for developing countries

Document Title 2010 CTI Annual Report to Ministers. Document URL

2019 USCIB Trade and Investment Agenda

Global Economic Management and Asia s Responsibility Masahiro Kawai Asian Development Bank Institute

157. Preferential trade agreements Item 157 Grade 3

Implication of Australia s measures for its non-discrimination obligations under the OECD Codes of Liberalisation

Korea's IAP Peer Review Presentation

Enhancing Market Openness in Indonesia. Molly Lesher, OECD Trade and Agriculture Directorate

Prospects for Monetary Cooperation in Asia: ASEAN+3 and Beyond

Economic Nationalism: Reality or Rhetoric? Ian Sheldon AED Economics Ohio State University. AAII Columbus Chapter November 8, 2017

Inconsistencies in treatment of foreign investment in trade agreements

USCIB Trade and Investment Agenda 2018

Enhancing Regional Cooperation - The Role of ADB - Sebastian Paust Executive Director Asian Development Bank

EFTA FREE TRADE RELATIONS

The Future of WTO-Plus Provisions in Preferential Trade Agreements

BUSINESSEUROPE POSITION ON THE EU-KOREA FREE-TRADE AGREEMENT (FTA)

Services Regulation and Finance

The significance of government procurement for trade and development in the current global economic agenda

Advancing Good Corporate Governance by Promoting Utilization of the OECD Principles of Corporate Governance

Multilateralism, Regionalism and Developing Countries: Some Issues and Challenges. Nagesh Kumar

Re: Request for Comments on Negotiating Objectives for a U.S.-Japan Trade Agreement

( ) Page: 1/8 FREE TRADE AGREEMENT BETWEEN THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS (ASEAN) AND INDIA (GOODS) QUESTIONS AND REPLIES

Critical Issues on Investment Law Harmonization within ASEAN

The GATS and Financial Services

Mr. Charles Holmes Finny

TRADE-RELATED INVESTMENT MEASURES

Financial Services under GATS

UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT THE POTENTIAL FOR GSTP TRADE EXPANSION. Note prepared by the UNCTAD secretariat

Understanding Free Trade Zones in Asia. Rajiv Nayan The Institute for Defence Studies and Analyses, New Delhi

COMMISSION STAFF WORKING DOCUMENT EXECUTIVE SUMMARY OF THE IMPACT ASSESSMENT ON THE FUTURE OF THE EU-US TRADE RELATIONS. Accompanying the document

Understanding the WTO Agreement on Government Procurement

Pacific Economic Cooperation Council

Is Southeast Asia Still Too Dependent on U.S. Growth? Claire Innes Asia-Pacific Group Global Insight

Final Draft Framework Agreement

STATEMENT FOR THE RECORD BY MARC E. LACKRITZ PRESIDENT SECURITIES INDUSTRY ASSOCIATION

Professional services: legal services, accountants, architects, engineers

Sofia Maragkidou Phd student Department of International and European Studies, University of Macedonia, Greece

commercial presence means any type of business or professional establishment,

Green trade liberalisation - Green Goods Initiative

ENHANCING THE CONTRIBUTION OF PREFERENTIAL TRADE AGREEMENTS TO INCLUSIVE AND EQUITABLE TRADE

TRADE IN SERVICES. Chapter 11

Transcription:

2003 August PECC INTERNATIONAL SECRETARIAT 4 Nassim Road Singapore 258372 Tel: 65-6737 9823 Fax: 65-6737 9824 Email: peccsec@pacific.net.sg Home page: http://www.pecc.net PACIFIC ECONOMIC COOPERATION COUNCIL @ Financial Services Liberalization and its Sequencing in the APEC Region: WTO and RTAS

ISSUES@PECC presents the current work of PECC s three Forums on Trade, Finance and Community Building and collaborative work with other groups. Complimentary copies are available upon request from the PECC International Secretariat. It is also available on line at http://www.pecc.net. About this Issue This ISSUES@PECC is the summary report of the study on the subject matter undertaken in 2003 jointly by the Finance Forum and the Trade Forum of PECC. The study was undertaken at the request of the 16 th APEC Finance Ministers Technical Working Group. This report will be submitted to the 10 th APEC Finance Ministers Meeting and the APEC Finance and Central Bank Deputies Meeting to be held in Phuket, Thailand, on September 2-5, 2003. The PECC Finance Forum serves as an open forum for a tri-partite dialogue among the academia, government, and business sector, on the financial policy issues facing the Asia-Pacific region. The purpose of the dialogue is to assess the international environment for financial stability and development in the region, to assess progress in the promotion of financial reforms, integration and cooperation in the region, and to develop the desired vision of regional financial and monetary cooperation. For the purpose of these assessments, the Finance Forum undertakes survey-based task force studies on specific issues as well as convenes an annual conference of experts drawn from the member economies and the international financial institutions. For more information, visit www.pecc.net/finance. The author of this report is: Prof Robert Scollay Director, APEC Study Centre, University of Auckland, New Zealand, and Coordinator, PECC Trade Forum Editorial Committee: Dr. Soogil Young Coordinator, Finance Forum Ms. Eunsuk Lee Assistant Coordinator, Finance Forum The Pacific Economic Cooperation Council (PECC) is a unique partnership of senior representatives of business, government and research from 25 Asia Pacific economies, who work on practical policy issues to enhance trade, investment and economic development in the region. It is the only non-government, independent Official Observer organization of APEC. See:http://www.pecc.net All rights reserved. No part of this publication may be reproduced, translated, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior consent of the Pacific Economic Cooperation Council. 2003 Pacific Economic Cooperation Council. ISBN: 981-04-9517-X Published by the PECC International Secretariat Printed in Singapore by Printing Farm Pte Ltd

Introduction The efficient provision of financial services is one of the basic prerequisites for an efficient modern economy. Businesses need high quality financial services provided at a competitive cost in order to operate effectively. The range of services that an efficient financial services sector can provide is important in enabling business to manage their risks and in ensuring that the capital they require to develop and grow is available on terms and conditions tailored to their needs. Liberalization of trade in financial services is to be judged according to its contribution to enhancing these characteristics of an efficient financial services sector. At the same time, the soundness of the financial services sector is important for the stability of the financial system and ultimately of the whole economy. Prudential considerations thus add a unique dimension to the subject of liberalization of trade in financial services. This dimension is recognized for example in the provisions on financial services in the WTO s General Agreement on Trade in Services (GATS) affirming that commitments to liberalize trade in financial services do not negate the right of governments to enact and maintain prudential measures designed to ensure the stability and integrity of the financial system, or to protect investors, depositors and insurance policy holders. The prudential dimension in turn underlines the importance of close cooperation between trade and finance officials in any negotiations on trade in financial services. In addition to the benefits of liberalization for service importing economies, economies with internationally competitive financial services sectors seek additional market access for their service providers in order to exploit their comparative advantage in this area. As with other forms of trade, financial services may be liberalized on either a non-discriminatory or a preferential basis. Non-discriminatory liberalization may be undertaken either multilaterally, through commitments under the GATS, or unilaterally. Recognition of the benefits of liberalizing trade in services has encouraged a number of economies including some in the APEC region such as Korea and Singapore to undertake unilateral liberalisation in this sector. On the other hand, an advantage of the multilateral approach is that binding commitments under the GATS impart added credibility to the liberalization measures. Liberalization via the GATS The essence of financial services trade liberalization, as with other services, is regulatory reform to provide enhanced market access and national treatment for foreign service suppliers, in this case, banks and other financial institutions. The GATS provides a detailed breakdown of subsectors within the financial services sector and also distinguishes between four possible modes of supply, listed as cross-border supply (mode 1), consumption abroad (mode 2), commercial presence (mode 3), and presence of natural persons (mode 4). In fact, modes 1,2 and 4 are all different forms of cross-border supply, in contrast with mode 3 which generally involves investment in the service-importing economy. The GATS is a very flexible agreement allowing members to 1

determine the sectors or subsectors, and the modes of supply within each sector or subsector, in which they are prepared to make liberalization commitments, and also to impose limitations on each commitment. More commitments have been made in the financial services sector than in most services sector, although these commitments are generally characterised by a concern to allow foreign equity in existing institutions and to protect the position of incumbents rather than to encourage new entry of additional foreign institutions. The extent of new liberalization effected by GATS commitments on financial services is somewhat limited, with many members binding either at the level of their existing practice or at a level lower than their existing practice. In the latter cases, GATS commitments were of course a misleading indicator of the extent of liberalization that had actually taken place. Subsequent unilateral liberalization by some members widened the gap between GATS commitments and actual practice. The binding of such new unilateral liberalization initiatives is a possible objective in the DDA negotiations on services, and credit for such autonomous liberalization is an important negotiating issue for those economies that have engaged in it, for example, Korea. Issues in Preferential Liberalization of Financial Services Preferential liberalization initiatives, in the form of regional trading agreements (RTAs) at the bilateral, subregional or regional level, have recently been proliferating in the Asia-Pacific region, as elsewhere in the global economy. It has become the norm for these agreements to include provisions on trade in services, and in most cases these include provisions on financial services. The well-known advantages and disadvantages of preferential relative to non-discriminatory liberalization apply in the case of trade in financial services as in other forms of trade. Nondiscriminatory liberalization ensures that the importing economy has access to the services offered by lowest-cost, worldclass providers, whereas preferential liberalization may discriminate against such suppliers. Proliferation of RTAs may create the risk of confusion arising from overlapping RTAs with mutually inconsistent provisions. At the same time, preferential liberalization, like multilateral liberalization offers the advantage of binding commitments that may enhance the credibility of the liberalisation measures. In general, in the area of financial services as in other areas, RTAs may be either building blocks or stumbling blocks for the achievement of APEC objectives and the establishment of a more open, efficient global economy, and it is important to identify the conditions under which they are more likely to serve as building blocks. There are now a large number of RTAs in the Americas and East Asia. Analysis of RTAs in the Americas by Patricio Contreras and Soonhwa Yi shows that there is a wide range in the degree of liberalization achieved, from GATSplus to GATS-minus. There is also a wide variation in the modalities adopted for liberalization of trade in financial services. In some cases, financial services are covered by a specialised text in a separate chapter or annex of the agreement, designed to take account of 2

the special sensitivities of the financial services sector. In other cases, financial services are covered by sector-specific disciplines of a very general nature within the chapters on services and/or investment, with a commitment to develop more detailed disciplines in future. In still other cases, financial services are covered by the general provisions on services without being specifically mentioned. There are two main models of services trade liberalization evident in these RTAs. Some, for example, Mercosur and the EU-Chile FTA, follow a GATS-type model, distinguishing between the four modes of supply used in the GATS, and using the same positive list approach toward identifying the sectors, subsectors and modes of supply in which commitments are to be made. The alternative, more commonly found in the Americas and exemplified also by the US-Singapore FTA, is the NAFTAtype model, following the NAFTA approach of having one set of commitments covering all cross-border modes of supply (modes 1,2 and 4 in GATS terms), while commercial presence (GATS mode 3) is covered separately in the investment chapter. The NAFTA-type model also involves a negative list approach whereby commitments on services trade apply to all sectors and subsectors except those specifically listed as exceptions. Hybrid models, embodying some of the features of models, are also possible, an example being the EU-Mexico FTA. In the case of some agreements, for example, Mercosur and the Andean Community, moves have also been made toward harmonization of financial regulations. There is considerable variation in the degree of liberalization achieved by the financial services provisions of the RTAs analysed by Contreras and Yi. While it is possible in principle to achieve the same degree of liberalization under either model, FTAs employing the NAFTAtype model appear to have achieved greater liberalization in practice. In many cases, there is little new liberalization but the RTA has enabled members to bind their existing practice. In general, significant new liberalisation is achieved only in agreements where financial services are covered by separate specialized text. Where new liberalization has occurred, it is predominantly in the area of cross-border supply (GATS modes 1,2 and 4). Liberalization of cross-border-supply raises important questions both on regulatory cooperation and harmonization and also on the degree of capital account opening that is needed to accompany such liberalization. While regulatory cooperation may become increasingly important, and the use of international standards may help to counter regulatory confusion, it is also clear that the primary responsibility for ensuring stability and efficiency in domestic financial markets continues to rest firmly with the domestic regulatory framework. Of the RTAs analysed by Contreras and Yi, it is the US-Chile and US-Singapore FTAs that exhibit the greatest degree of new liberalization in the financial services sector. Compared to the other RTAs analysed, these two FTAs exhibit deeper opening of investment, including provisions to allow branching and greater opening of the insurance sector deeper opening of cross-border trade deeper disciplines on transparency deeper opening of financial 3

services supplied by non-regulated financial institutions limitations on capital flow restrictions, to accompany the enhanced opening of cross-border trade A survey of Singapore s international commitments on financial services by Chia Siow Yue indicates the wide range of commitments that may be entered into by a single economy in different contexts. Unilateral liberalization by Singapore in the wake of the East Asian crisis has proceeded well beyond its GATS commitments, which are subject to very extensive limitations. Commitments in its RTAs range from replication of its GATS commitments in its agreement with New Zealand, to modest GATSplus provisions in its agreements with Japan and Australia, to much deeper commitments in its FTA with the US, as noted above. Contreras and Yi also discuss issues relating to the choice of partner in RTAs in which financial services are to be liberalized. An FTA with a world-class supplier of financial services may provide benefits similar to unilateral liberalization of financial services, although the limitation on competition from other world-class suppliers may be a disadvantage. Since developing economies can expect to be primarily importers of financial services, it can be argued that partnerships with developed economies are their best option, at least in relation to financial services. Questions might arise, however, as to whether the market-opening priorities of the developed partners will necessarily coincide with development priorities, including the need for capacity building. An alternative argument is that it may be easier to achieve regulatory cooperation and harmonisation in the context of subregional integration initiatives among developing economies, such as Mercosur and the Andean Community, and that this approach may be a useful stepping stone, preparing the financial sectors of the developing economies for the tougher competition they will face as a result of wider regional or multilateral liberalization. This report stems from the discussions at the 2nd Annual Conference of the PECC Finance Forum held in Hua Hin, Thailand, on July 8-9, 2003, on the following four papers submitted to the conference: Chia, Siow Yue, Provisions and Commitments on Trade in Financial Services in Trade Agreements in East Asia: Notes on Singapore s Commitments Contreras, Patricio, and Soonhwa Yi, Financial Services in Trade Agreements in the Western Hemisphere. Kim, Yun-Hwan, Financial Opening under the WTO Agreement in Selected Asian Countries: Progress and Issues. Scollay, Robert, Asia-Pacific RTAs as Avenues to Achieving the Bogor Goals: Analysis and Ways Forward. These papers are available on line at http://www.pecc.net/finance/forum2003. 4