Best Practices on FTA Promotion Policies

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1 Best Practices on FTA Promotion Policies The Case of Thailand Mr. Pitak Udomwichaiwat Director, Bureau of Trade Preference Ministry of Commerce APEC Workshop on Increasing FTA Utilization by SMEs 7 August 2012, Tokyo, Japan

Outline 2 Thailand s Free Trade Agreements The Utilization of FTAs in 2011 Impediments to increase FTA utilization by SMEs Policies to promote FTA utilization by SMEs

Thailand and FTAs USA EFTA Thai-EU ASEAN-India India ASEAN- Korea ASEAN-China ASEAN- Japan Japan Peru BIMSTEC Australia Chile ASEAN-CER New Zealand 3 11 FTAs 17 Trading Partners

4 Thailand s Free Trade Agreements 11 Existing Agreements and 1 under negotiation 6 Regional Agreements - ASEAN (AFTA) - ASEAN- China (ACFTA) - ASEAN - India (AIFTA) - ASEAN - Japan (AJCEP) - ASEAN - Korea (AKFTA) 5 Bilateral Agreements - Thailand India (TIFTA) - Thailand - Australia (TAFTA) - Thailand New Zealand (TNZCEP) -Thailand - Japan (JTEPA) - Thailand Peru (TPCEP) -Thailand-Chile (under negotiation) - ASEAN Australia New Zealand - Thailand - China (ACFTA) (AANZFTA)

Utilization of FTA Preference 5 Rules of Origin are the Key for Preference ROOs are used to determine the country of origin of a product for purposes of international trade. The rules of origin determine what products can benefit from the tariff concession or preference.

FTA Utilization 6 What creates FTA utilization? Rules of Origin (ROO) The goods has to meet the origin criteria set out in the FTA. The term origin of the goods simply means nationality of the goods Qualified goods will be eligible for preferential treatment Preferential Certificate of Origin (C/O) The particular preferential C/O must be presented to the customs of the importing country. Ex. Form D (AFTA), Form AK (ASEAN-Korea) and Form E (ASEAN- China)

Utilization of FTA Preference 7 C/O FORM FTA - Products are in inclusion list - Meet the criteria rules of origin - C/O : FORM FTA

8 The Utilization of FTAs in 2011 Unit: Million USD Countries Exports of Eligible Goods Exports under FTAs Utilization Rate (%) ASEAN (AFTA) 29,248.11 15,181.55 51.91 China (ACFTA) 11,105.66 9,361.30 84.29 India (TIFTA) 1,002.79 748.15 74.61 India (AIFTA) 4,387.85 1,223.73 27.89 Australia (TAFTA) 5,545.42 5,036.19 90.82 Australia (AANZFTA) 317.12 83.91 26.46 Japan (JTEPA) 8,484.06 6,039.15 71.18 Japan (AJCEP) 1,264.70 48.11 3.80 Korea (AKFTA) 3,761.72 2,214.70 58.87 New Zealand (AANZFTA) 44.83 7.92 17.67 Total 65,162.26 39,944.71 61.30

Reasons for low utilization rates 9 Regional vs. Bilateral JTEPA (71.18%) > AJCEP (3.80%) TAFTA (90.82%) > AANZFTA (26.46%) Tariff Reduction Rules of Origin

Reasons for low utilization rates 10 Tariff Reduction Rules of Origin Different tariff reduction Timing of tariff reduction sooner tariff reduction, higher utilization Timing of FTA implementateion longer implementation, lower utilization Restrictive rules Different FTA, different rules Narrow cumulation Administration & documentation costs Production fragments

Example : HS 160232.290 11 Prepared or preserved meat of fowls of the species gallus domesticus ---other than those containing meat or meat offal of bovine animals or swine FTA MFN rate FTA rate ROOs JTEPA 6% 3% A change to heading 1601 through 1602 from any other chapter, except from chapter 1 or 2 AJCEP 6% 5.5% CC JTEPA offers higher tariff reduction and simpler rules of origin

Example: 030617.100 12 Other Shrimps or prawns --- Smoked FTA MFN rate FTA rate JTEPA 4.8% Free (Since November 2007) AJCEP 4.8% Free (Since June 2009) ROOs A change to heading 03.01 through 03.07 from any other chapter CC JTEPA offers free tariff since 2007

Example: HS 87042110 13 Motor vehicles for the transport of goods: (a) g.v.w. exceeding 3.5 t; (b) g.v.w. not exceeding 3.5 t, assembled FTA MFN rate FTA rate ROOs TAFTA 5% Free (Since 2006) AANZFTA 5% Free (Since 2009) Change to heading 8704 from any other heading provided there is a regional value content of not less than 40 percent. RVC 40 TAFTA offers zero tariff since 2006

Impediments to FTA utilization by SMEs 14 Production capacity Limited access to qualified raw materials Production process do not comply with ROOs Ability to expand to international market Lack of knowledge about the benefits available under different FTAs Lack of knowledge about ROOs and other conditions which enable to utilize FTA benefits Lack of incentives to trade under FTA

Policies to Promote FTA Utilization by SMEs 15 Main Agency Ministry of Commerce Responsibilities The issuing authority of the preferential certificates of origin Negotiating Rules of Origin under different preferential arrangements Monitoring FTA utilization on Thailand s preferential exports

16 Outreach to Promote FTA Utilization by SMEs Promote the utilization of FTAs - Organizes public seminars both in Bangkok and other provinces - Provides information on the website (WWW.DFT.GO.TH) - Provides FTA consulting service and ROO resolutions for SMEs - Implements EDI system to facilitate the application process of C/O for exporters

17 Outreach to Promote FTA Utilization by SMEs Promote the utilization of FTAs (continued) - Offers in-house seminars for companies - Publishes quarterly journal on the utilization of FTA preferences - Publicizes FTA news/events through the media e.g. newspapers, TV/radio commercial etc.

Department of Trade Negotiations: Outreach toward SMEs to Increase 18 Creation of operation network 17 MOUs including government and private organizations Establishment of AEC Information Center To encourage two-way communication To expand service coverage of AEC Information Center nationwide (Provincial office of commercial affairs) Organization of AEC related seminars 21 times 6,193 participants (not including seminar organized in cooperation with operation network)

19 Department of Trade Negotiations: Outreach toward SMEs to increase FTA utilization Information dissemination using variety of mass media radio, television, printing material, and social network - AEC News Alerts Arrangement of focus groups and Public hearing meeting with different stakeholders - To brainstorm and create the AEC intelligence system Researching on impact of AEC completion to each Business sectors of SMEs Business Successes Case study -To identify Business Role Model

20 Department of Trade Negotiations: Outreach toward SMEs to increase FTA utilization AEC Business Trip for SMEs AEC Academy Training for Trainers AEC Business Plans Competition Awards

Outreach toward SMEs to increase FTA utilization 21 Other Agencies The Board of Trade of Thailand and the Federation of Thai Industries Ministry of Finance and Ministry of Industry SME Bank established in 2002 with the aim of developing, promoting and assisting small and medium enterprises to start-up expand or improve their businesses by providing loans, guarantees, venture capital, counseling and other necessary services.

22 Thank you