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FTA Benefits & Challenges for SMEs APEC Workshop on Increasing FTA Utilization by SMEs 7 August 2012 Samuel Scoles Regional Director, Asia International Trade Advisory Services

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FTA Benefits & Challenges for SMEs APEC Workshop on Increasing FTA Utilization by SMEs 7 August 2012 Samuel Scoles

Regional Director, Asia International Trade Advisory Services

White & Case APEC Workshop on Increasing FTA Utilization by SMEs 2

SMEs in the Asia Pacific

SME definitions vary across APEC member economies Annual sales turnover, number of employees, size of borrowings, type of service

performed, or combination of these criteria Most common definition based on number of employees

Account for bulk of employment, but disproportionately small role in

international trade 90% of all businesses 30-35% of exports in the region Sizeable share of GDP in member economies

White & Case APEC Workshop on Increasing FTA Utilization by SMEs 3

FTA Benefits for SMEs

Preferential tariffs for final and intermediate goods Access to new markets

Elimination of non-tariff barriers

New business opportunities

White & Case APEC Workshop on Increasing FTA Utilization by SMEs 4

FTA Network of ASEAN

Agreement in Force

Under Negotiation

Potential Agreement

ASEAN

MERCOSUR?

United States?

Russia?

GCC? Pakistan?

Turkey?

Canada?

AFTA RCEP

ACFTA

AIFTA

AJCEP

AKFTA

AANZFTA

ASEAN+3EAFTA

ASEAN+6CEPEA

European Union?

Source: ASEAN Secretariat

White & Case APEC Workshop on Increasing FTA Utilization by SMEs 5

FTA Network of China

Agreement in Force

Under Negotiation

Potential Agreement

China

GCC?

SACU? Australia

New Zealand

Asia Pacific Trade Agreement (APTA)

Pakistan Korea

Japan

India Hong Kong

Macau Chinese Taipei

Singapore RCEP

Peru

Chile

Costa Rica

Iceland

Norway

Switzerland

ASEAN+6CEPEA

ASEAN+3EAFTA

ASEAN

Source: MOFCOM

White & Case APEC Workshop on Increasing FTA Utilization by SMEs 6

FTA Network of Korea

Agreement in Force

Under Negotiation

Potential Agreement

Korea

Asia Pacific Trade Agreement (APTA)

ASEAN

ASEAN+6CEPEA

ASEAN+3EAFTA

RCEP

Australia

New Zealand

Singapore

GCC

European Union

EFTA

MERCOSUR?

Peru

Chile

Colombia

Turkey China

Mongolia

Japan?

Central America?

Israel?

Mexico

Canada

United States

India

Malaysia

Indonesia

Vietnam

Source: MOFAT

White & Case APEC Workshop on Increasing FTA Utilization by SMEs 7

FTA Network of the United States

Australia

Jordan

Oman

Israel

Singapore

Vietnam

Malaysia Brunei

Korea Morocco

NAFTA

DR-CAFTA

Peru

Panama

Chile

Colombia

Canada

Mexico

Japan in TPP?

Agreement in Force

Under Negotiation

Potential Agreement

United States

TPP

TPP

New Zealand

European Union?

Source: USTR

White & Case APEC Workshop on Increasing FTA Utilization by SMEs 8

FTA Economic Cooperation Chapters

India-Korea CEPA: Chapter 13 on Bilateral Cooperation - Article 13.5 on SMEs Share best practices in areas such as skill development, supply-chain linkages,

access to financing and technical assistance

Malaysia-Australia FTA: Chapter 16 on Economic and Technical Cooperation Lists SMEs as one area of cooperation

China-Singapore FTA: Chapter 11 on Economic Cooperation Indirect reference and support for human resource development, facilitation of “Go

Global” efforts of Chinese enterprises, business exchange programs

AANZFTA: Chapter 12 on Economic Cooperation No direct mention of SMEs in text, capacity building and support through Work

Programs

White & Case APEC Workshop on Increasing FTA Utilization by SMEs 9

FTA Side Letters

KORUS Side Letters establishing Working Group on SMEs Analyze and evaluate impact of KORUS implementation on SME production,

distribution and trade Explore and develop ways for SMEs to take greater advantage of KORUS Address any specific issues affecting SMEs relating to provisions Under supervision of Joint Committee subject to provisions of Article 22.2

First Working Group Meeting held on June 7, 2012 Best practices for Korean SMEs to export to the United States and vice versa Development of outreach programs to encourage SMEs to use KORUS Ways to assist Korean and US SMEs in the services sector

White & Case APEC Workshop on Increasing FTA Utilization by SMEs 10

Next Generation Trade Agreements

Trans Pacific Partnership Agreement (TPP) Stand alone chapter to address SMEs closed during Dallas round in May 2012 Modeled after work done by APEC to enhance/promote SME: Ability to avail to opportunities across the production chains Human resource development, transparency of trade-related regulations Use of innovative technology to participate in supply chains Understanding on how to acquire and protect IPR Use of FTAs through promotion of seminars, better online tools and references

Could the RCEP follow suit and include a stand-alone chapter similar to

TPP? Incorporate best practices from ASEAN SME Working Group and ERIA, such as

“Only-one SME Mission,” to support efforts to enhance technology transfer, promote human resource development, strengthen SMEs

White & Case APEC Workshop on Increasing FTA Utilization by SMEs 11

Barriers SMEs Face in Utilizing FTAs

FTA Specific Barriers Lack of awareness and knowledge of

FTAs e.g., how to read a tariff schedule

and interpret FTA provisions Complex and differing rules of origin Difficulty accessing domestic or

foreign government support and information Identification of proper access

channels to FTA tariff schedules, FTA rules and trade regulations

White & Case APEC Workshop on Increasing FTA Utilization by SMEs 12

Barriers SMEs Face in Utilizing FTAs

International Trade Specific Barriers Poor access to finance and working capital Costly transportation and shipping costs Human resource issues Complex customs rules and procedures Difficulty in identifying/securing international business opportunities High compliance, testing and certification costs

Lack of awareness is a primary factor as to why SMEs do not utilize FTAs

White & Case APEC Workshop on Increasing FTA Utilization by SMEs 13

Recommendations

Role of Regional Institutions and Governments Strengthening legislative and regulatory regimes and improving accessibility to these

regimes Providing more financing options to lessen financial burden of SMEs Enhancing transparency and tackling corruption Promoting business networks and exchange of best practices

Better constructed FTAs Simplifying and harmonizing FTA rules of origin, customs procedures, certificate of

origin application procedures Tackling behind-the-border issues

White & Case APEC Workshop on Increasing FTA Utilization by SMEs

Samuel D Scoles Regional Director Asia International Trade Advisory Services White & Case Pte Ltd 8 Marina View #27-01 Asia Square Tower 1 Singapore 018960 Tel: + 65 6347 1527 Fax: +65 6225 6009 [email protected]

Worldwide. For Our Clients. www.whitecase.com

In this presentation, White & Case means the international legal practice comprising White & Case LLP, a New York State registered limited liability partnership, White & Case LLP, a limited liability partnership incorporated under English law and all other affiliated partnerships, companies and entities.