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SHOULD WOMEN HAVE THEIR OWN PROVISIONS IN FREE TRADE AGREEMENTS?

SHOULD WOMEN HAVE THEIR OWN PROVISIONS IN FREE TRADE AGREEMENTS?

The topic of women’s participation in international trade has been lightly touched in trade agreements. It shows up in aspirational language in a preamble, through a mention in a chapter on cross-cutting issues like labor, or in a non-binding side agreement accompanying the main text of an agreement. Canada introduced a standalone trade and gender chapter in its updated trade agreement with Chile, and is on a mission to spark a global conversation about whether and how trade and gender issues should be addressed in trade agreements.

As rallying calls of “Trade for All” and economic inclusion reverberate throughout national trade agendas, international forums, and across trade negotiation tables, here’s a closer look at trade and gender issues, how trade agreements of the past have addressed them, and how a new generation of trade and gender chapters aim to change the narrative.

In Developing Countries, Just One In Five Exporting Firms Led by Women

Despite comprising half of the global population, women generate just 37 percent of gross domestic product (GDP) and run only one-third of small and medium-sized enterprises (SMEs). Women participation in the economies of developing countries is typically lower than average, with female business ownership dipping as low as three to six percent in some countries.

Women in developing countries are often concentrated in small and medium-sized enterprises (SMEs) and in export-oriented sectors like apparel, textiles and electronics manufacturing. Women-owned businesses in developing countries are less likely to export than their male counterparts, however. In a 2015 survey of 20 developing countries, the International Trade Centre found that just one in five exporting firms was led by women entrepreneurs.

Exporting is a powerful tool for women to grow their businesses by expanding into new markets. The United States is an example of how exporting can support the success of women-owned businesses. According to the International Trade Centre report, women-owned businesses in the United States that export tend to pay more, are more productive, hire more employees, and record higher than average sales than those who do not export.

U.S. women-owned businesses that export

It’s Not Just a Paperwork Issue

Trading across borders can be challenging for women, especially those who run small-scale firms in developing countries. A recent World Bank article highlights some of the key challenges women traders face – from corruption to harassment, cultural and legal barriers, and even just the amount of time they’re able to dedicate to their businesses while also expected to take care of their families. A female trader in Vietnam said it best, “In Vietnam, women have to do double the work. We manage our business and we take care of our families. We have to arrange time to do cross-border trade.”

Support for empowering women through trade is growing in international forums as of late. In December 2017, 118 members of the World Trade Organization (WTO) endorsed the Buenos Aires Declaration on Trade and Women’s Economic Empowerment. The goal is to increase women’s participation in trade and remove barriers to women’s economic empowerment. Members agreed to investigate ways to better tackle barriers and lack of access to trade financing, as well as collecting better gender-disaggregated economic data.

Member economies of the Asia-Pacific Economic Cooperation Forum have also created an agenda on greater inclusion of women in the regional economy through its Policy Partnership on Women and the Economy, an initiative promoted by the United States during its host year in 2011. The forum is working to address access to capital, access to markets, support for skills development, advance women into leadership roles in business, government, community and political levels, and to ensure that women don’t get left behind in scientific, innovation, and technology sectors. Without addressing these barriers, women would be less apt to take advantage of economic opportunities created by trade agreements.

How Have Trade Agreements Addressed Trade and Gender in the Past?

While the addition of specific chapters on trade and gender in trade agreements is a relatively new approach, the inclusion of gender-related provisions in regional trade agreements is not a recent phenomenon.

According to a 2018 WTO study, the number of gender-related provisions in RTAs has steadily increased since 1957. As of 2018, 74 regional trade agreements contained at least one gender-related provision. These provisions have evolved and changed significantly over the years. The study found that most gender-related provisions were couched in “best endeavor” language and focus on cooperation on gender and gender-related issues, like labor, health and social policy.

RTAs with gender provisions

 

What Do New “Gender Chapters” in Trade Agreements Include?

Chile and Uruguay were the first two countries to introduce a standalone chapter on trade and gender in a bilateral agreement in 2016. This was followed by the trade and gender chapter in the updated Canada-Chile Free Trade Agreement (CCFTA) signed in 2017.

The trade and gender chapter in the CCFTA contains four key components:

Acknowledgement of the importance of incorporating a gender perspective into economic and trade issues to ensure that economic growth is inclusive.

Reaffirmation of commitments to implement UN conventions against gender discrimination.

Cooperative activities and capacity building such as the promotion of access to financing and female entrepreneurship, the development of women’s networks, and greater participation by women in decision-making positions in the public and private sectors.

Establishment of a committee to oversee cooperation activities, review operations of the trade and gender chapter, report on the implementation of activities, and monitor other chapters for their effects on gender.

What Impact Might These Provisions Have?

The modernized CCFTA only recently went into force in February 2019, so it’s too soon to assess what impact the new trade and gender chapter will have for women in both countries. In a policy paper, UNCTAD called the CCFTA trade and gender chapter a “welcome step” but also said it remained a “light component” considering milestones and specific goals were not included, dispute-settlement mechanisms did not apply to the chapter, and harmonization of gender-related legislation between parties was not mandated.

Despite these perceived shortcomings, UNCTAD suggested the trend to include trade and gender chapters in trade agreements was positive: Raising the profile of trade and gender issues in the trade arena would encourage both civil society and the private sector to participate more broadly in the implementation of agreements, enhance cooperation on gender issues between parties to the agreements, and strengthen capacity-building between nations on barriers to women participating in the economy through trade.

Canada’s “Progressive” Push in CPTPP

Canada succeeded in adding trade and gender chapters to some of its recent bilateral agreements, but has faced resistance at the regional level. Although the actual words “comprehensive” and “progressive” were added in front of the TPP title, the CPTPP does not contain a trade and gender chapter. Instead, it contains non-binding language in the preamble reaffirming the importance of gender equality for all CPTPP members. It also includes provisions in the development chapter related to women and economic growth (Article 23.4). While not directly referencing women, chapters related to SMEs and cross-border digital trade should also benefit women by expanding trade in these areas.

Adding a new trade and gender chapter was included among Canada’s core negotiating objectives at the onset of NAFTA renegotiations with the United States and Mexico. This new chapter ultimately did not make the cut in the new United States-Mexico-Canada agreement (USMCA). The new USMCA agreement does contain provisions related to gender, however, including in the labor chapter and the SMEs chapter. This is an improvement over the original NAFTA agreement, which addressed gender and trade in a side accord rather than in the main text of the agreement.

Part of the argument against gender-specific provisions is that any benefits of a trade agreement should be theoretically gender-neutral. For example, provisions that help facilitate trade by small- and medium-sized enterprises should help female business owners the same. But just as there are few gender disaggregated trade data, there’s still much to be learned about how trade reforms benefit women.

More Pieces of the Puzzle

While there’s been considerable buzz around the inclusion of new trade and gender chapters in FTAs, UNCTAD experts say they are really just one piece of the puzzle. In order to yield the best results, trade and gender chapters need to be partnered with gender-related assessments of trade measures prior to the agreement to be most effective later on.

UNCTAD developed a Trade and Gender Toolbox as a framework to help countries evaluate the impact of trade reforms on women and gender inequalities before implementing them. These assessments can help countries rethink planned trade reforms or identify the need for accompanying measures to offset negative impacts on at-risk groups, like women. APEC has taken a pragmatic approach, training women to advance in traditionally male-dominated industries like energy and mining, studying successful women entrepreneurs in the ICT sector, sharing information on investing in women entrepreneurs, and even taking on specific individual goals for increasing women in private and public leadership roles. APEC is also working in critical areas such as education, sexual harassment, health, and social expectations for women as caregivers – areas a trade agreement would not be expected to address.

As more countries take up the mantle of “Trade for All”– not just Canada, but also the European Union, Chile, New Zealand and others — we will continue to see trade and gender chapters in new RTAs evolve and more initiatives to share and implement best policy practices. Yet, it remains to be seen if this “next generation language” in FTAs will make a tangible difference for the hard-working women trading around the world.

Lauren Kyger

Lauren Kyger is Associate Editor for TradeVistas. Prior to joining TradeVistas, she was a Research Associate at the Hinrich Foundation focused on international trade issues. She is a Hinrich Foundation Global Trade Leader Scholar alumna, earning her Master’s degree in Global Business Journalism from Tsinghua University in Beijing. She received her Bachelor’s degree from the Walter Cronkite School of Journalism and Mass Communication at Arizona State University.

This article originally appeared on TradeVistas.org. Used with permission.

APEC: TRADE ACCELERATOR IN THE ASIA-PACIFIC & BEYOND

Menu of Options to Grow Trade

Countries utilize multiple platforms to open markets, set standards or other rules of trade, and resolve disputes. Progress in reducing barriers to trade and facilitating the flows of goods and services may be an outcome of negotiated free trade agreements between two or more countries or result from legally binding instruments agreed to in multilateral fora like the World Trade Organization (WTO).

In contrast, decisions in the Asia-Pacific Economic Cooperation (APEC) forum, a grouping of 21 economies that border the Pacific Ocean, are reached by consensus but undertaken on a voluntary basis. This format is credited with enabling members to “incubate” content for new trade negotiations and to work collaboratively on pragmatic regulatory and policy approaches to common challenges.

The APEC forum culminates each fall in a meeting of the 21 leaders, a gathering many associate with the annual “silly shirts” photo of top officials genially wearing the national garb of the host economy, rather than their typical business suit. However, the work of APEC goes on for many months before this fashion summitry takes center stage to solidify each member’s commitments.

This article introduces this cooperative, regional forum; highlights the priority focus areas set out by this year’s APEC host, Chile; and shines a spotlight on one such area – digital trade – as a case study into how APEC serves as a building block in the iterative process of co-creating norms for trade.

Spotlight on APEC

The 21 members of APEC, which includes economies as diverse as the United States and Papua New Guinea (last year’s APEC host), are home to almost three billion people and represent close to half of world trade.

When the organization formed in 1989, APEC had Australia, Brunei Darussalam, Canada, Indonesia, Japan, Korea, Malaysia, New Zealand, the Philippines, Singapore, Thailand and the United States as founding members. China; Hong Kong, China; and Chinese Taipei joined in 1991. Mexico and Papua New Guinea acceded in 1993, and Chile joined in 1994. In 1998, the addition of Peru, Russia, and Vietnam brought the organization to its current membership level.

APEC Members

Every year one of the 21 APEC member economies serves as the APEC Chair. Over the course of a year and typically in multiple cities, the Chair hosts a series of senior officials’ meetings, ministerial meetings, and a Leaders meeting. Ministerial meetings include gatherings of Trade and Foreign Ministers from each of the economies, as well as sectoral ministers overseeing other key areas, including energy, finance, and education. The host economy also welcomes the APEC Business Advisory Council (ABAC), up to three senior business leaders per economy, appointed by their governments, who provide private sector input into the APEC process.

Between 1989-1992, APEC dialogues were held at the senior official and minister level. In 1993, former U.S. President Bill Clinton began the practice of an annual leader meeting when he hosted an APEC meeting in Seattle. The following year, APEC leaders made a commitment to jointly work toward free and open trade in the Asia-Pacific by 2020. This commitment is known as the Bogor Goals for the Indonesian city where APEC leaders met in 1994.

A defining feature of APEC is that members voluntarily take actions to reduce barriers to trade and investment without a requirement to make legally binding obligations. Beyond a core focus on trade and investment liberalization, APEC also promotes business facilitation, with the goal of taking time, cost, and uncertainty out of doing business across the region, as well as technical cooperation, to boost the technical capacity of APEC’s less developed members to drive secure and sustainable economic growth.

From Idea to Fruition

Notable accomplishments within APEC include its work on environmental goods, where members have undertaken tariff reductions on a list of 54 environmentally friendly goods. This tariff-cutting effort laid the groundwork for ongoing negotiations at the WTO on an Environmental Goods Agreement with expanded product coverage.

Another key APEC deliverable has been the APEC Privacy Framework, which established principles and implementation guidelines for privacy protection, and which underpins the APEC Cross-Border Privacy Rules (CBPR) system. Currently, eight APEC members—Australia, Canada, Chinese Taipei, Japan, Korea, Mexico, Singapore and the United States—participate in the CBPR system.

APEC also delighted many travelers on the APEC circuit with the creation of the APEC Business Travel Card, which allows cardholders visa-free access to APEC economies for up to 90 days and special APEC fast lanes in the major airports of APEC members. According to the 2018 report of the APEC Committee on Trade and Investment to Ministers, as of the end of June 2018, over 278,000 cards had been issued.

Onward to Santiago

Like a Chilean fine wine, the business travel card is something nice to have in hand given the over 200 working group meetings, workshops, ministerial, academic, and business meetings taking place over Chile’s APEC year. Chile’s host year will culminate in the summit of the 21 APEC leaders in November in Santiago. As the host economy, Chile has identified four priority areas on which it seeks concrete deliverables:

Digital Society, an initiative encompassing efforts to develop cross-border digital trade standards and make needed changes to education and labor systems;

Integration 4.0, which seeks to tackle some of the newer sources of trade frictions and enhance connectivity through customs coordination and border automation;

Women, Small and Medium Enterprises and Inclusive Growth, an agenda designed to increase women’s participation in the economy and to enhance the ability of small and medium-sized business to realize the benefits of trade in the region, including in the area of digital trade; and

Sustainable Growth, which includes initiatives to protect the marine ecosystem and promote cooperation on both energy and smart cities.

Division of Labor on Digital Trade Rules

Chile’s focus on the digital economy reflects the priority that APEC leaders have increasingly placed on promoting sound policies to govern digital trade in the Asia-Pacific region. The spotlight on digital policy is also a good case study in the iterative way global trade norms are shaped and how an organization like APEC both influences and is influenced by parallel policymaking efforts.

APEC prides itself on its role as an incubator of ideas and driver of initiatives in emerging areas of trade that matter not only to the Asia-Pacific region, but also globally.

Dating back to its 1998 APEC Blueprint for Action on Electronic Commerce, which defined principles for the development of e-commerce in the region, APEC members have recognized that without a framework to govern the surge in digitally enabled trade, the full potential of digital technologies may not be realized. They also understood the challenges associated with designing regulatory frameworks that encourage growth while protecting privacy and security, particularly given differing domestic regulatory approaches on key issues like treatment of data. In its work on the various building blocks for digital trade – from cross-border privacy rules to trade facilitation and services liberalization – APEC has engaged multiple outside organizations, including the International Chamber of Commerce, the Organization for Economic Cooperation and Development (OECD), and the United Nations Centre for Trade Facilitation and Electronic Business (UN/CEFAT), facilitating mutually beneficial idea exchange.

In 2016, 12 APEC economies signed the Trans-Pacific Partnership Agreement or TPP (the United States later withdrew). The TPP’s e-commerce chapter covered a range of traditional and emerging issues, including customs duties, electronic authorization and signatures, cross-border data flows, source code, cybersecurity, and privacy protections. Initiatives like the APEC Privacy Framework inspired certain TPP provisions but, unlike the APEC framework, what is now known as the Comprehensive and Progressive Agreement on Trans-Pacific Partnership (CPTPP) is a binding agreement with enforcement provisions. The reforms required by the agreement, including prohibitions on data localization and protections for the movement of data, will set a new bar as CPTPP potentially expands to new members and as new trade agreements are forged.

For example, in mid-May, on the sidelines of this year’s APEC meeting of Ministers Responsible for Trade, Chile’s Minister of Foreign Affairs, Singapore’s Minister of Trade and Industry, and New Zealand’s Minister for Trade and Export Growth announced the start of negotiations towards a Digital Economy Partnership Agreement. The officials announced an intent to build on the CPTPP e-commerce chapter, but also look at emerging areas like digital identity and artificial intelligence. Any agreement reached between Chile, New Zealand and Singapore will be open for accession by other WTO members who can meet the high-quality standards to be established in the agreement.

Underscoring the iterative nature of trade policy building, the three APEC and CPTPP members indicated that their work would build on the work underway within APEC, the OECD, and other international forums; generate ideas for use by countries negotiating free trade agreements; and complement current WTO negotiations on e-commerce. In the latter talks, 76 WTO members (including all APEC members except Indonesia, Philippines, Papua New Guinea, and Vietnam) are working to create multilateral rules governing electronic transactions.

Family Photos APEC

Culture and Consensus

APEC members leverage their APEC host year to drive progress on their national trade priorities in the spirit of collaboration and consensus. The various APEC meetings throughout the year also provide an opportunity to showcase the member’s unique achievements before large audiences of distinguished visitors, while also showing off the cities where the meetings take place. This year, for example, Chile will welcome more than 15,000 representatives of member economies, APEC observers, business leaders, and international press in Viña del Mar, Puerto Varas, and Santiago.

Shining a spotlight on the unique cultural offerings of a host economy – such as the Royal Barge Procession for APEC leaders on the Chao Phraya River in Bangkok in 2003 or China’s grand 2014 APEC welcome ceremony with light shows, singing, and dancing – is also a time-honored tradition. Unfortunately, the infamous “silly-shirted” photos tradition may be wavering. The last time the United States hosted APEC in 2011 in Hawaii, President Obama found APEC-like consensus agreement to nix the collective donning of aloha shirts and grass skirts, quipping, “I didn’t hear a lot of complaints about us breaking precedent on that one. I thought this may be a tradition that we might want to break.”

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Leslie Griffin is Principal of Boston-based Allinea LLC. She was previously Senior Vice President for International Public Policy for UPS and is a past president of the Association of Women in International Trade in Washington, D.C.

This article originally appeared on TradeVistas.org. Used with permission.

Senators Urge FTA Investment Protections Purged

Washington, D.C. – Five Democratic members of the House Ways and Means Committee have written to the White House urging President Barack Obama to exclude foreign investment protections from major free trade agreements such as the Transatlantic Trade and Investment Partnership (TTIP).

The five argue that such protections “might undermine buffers against future financial crises” and damage public support for future free trade deals.

The House Ways & means Committee has Congressional jurisdiction over trade issues.

Foreign investment protection is hot-button topic in the TTIP trade deal, prompting the European Union to call a halt to talks on the investment-related components of the proposed pact while the bloc’s 28 members consult “more widely.”

The letter follows a similar letter sent last week by three U.S. senators to U.S. Trade Representative (USTR) Michael Froman asking him not to include investment protection rules in the proposed 12-nation Trans-Pacific Partnership (TPP).

“The consequence would be to strip our regulators of the tools they need to prevent the next crisis,” said the letter, which also cautioned against rules “limiting the use of capital controls or allowing open access for risky financial products.”

Among the letter’s signatories was 2016 presidential hopeful Senator Elizabeth Warren (D-MA), who said such rules would expose “critical” U.S. financial regulations to challenge and dissuade policymakers from writing rules that impact foreign banks.

In response, a spokesman for the USTR said the TPP “would in no way limit the ability of governments to put in place strong consumer protections or to regulate financial markets” and would include “specific provisions protecting regulation.”

12/29/2014

US High Tech Trade Tops $1 Trillion: White Paper

Los Angeles, CA – The trade in US-produced technology goods and services currently tops more than $1 trillion, according to a new industry white paper published by the TechAmerica Foundation (TAF).

Tech imports totaled $351 billion compared to $205 billion in exports in 2013, while tech service exports exceeded imports $303 billion to $161 billion in imports in 2011, the most recent year complete data are available, the group said.

Many of the goods imported into the US “are part of a global supply chain, where US multinational companies create and design tech products in the US and produce the finalized product overseas,” according to the paper.

In these cases, “the bulk of the profit from the products is accrued to the US firm. Often the importation of a technology good represents an ‘intra-company’ transfer as US firms brings their products into the United States for sale from their overseas production facilities,” it added.

The US currently has a tech trade surplus of nearly $5 billion when both tech goods and services are combined, with $501 billion in exports compared with $496 billion in imports.  Goods exports and imports have been fairly flat for the last three years after rebounding as a result of the 2009 global market crash.

“The largest destinations for tech goods go to our closest trading partners, Mexico and Canada, which is a testament to the importance of free trade agreements to the American technology industry,” said Burak Guvensoylar, manager of government affairs at the TAF.

The US has free trade agreements with 20 countries, and is looking to create two new large scale agreements – the proposed Trans-Pacific Partnership (TPP) and the Transatlantic Trade & Investment Partnership (TTIP).

These new agreements, in addition to the Trade in Services Agreement, and the expansion of the Information Technology Agreement, could expand US free trade markets to 53 countries, “creating significant opportunities for US technology companies” by “increasing market access, eliminating tariffs, strengthening intellectual property rights, and ensuring the movement of data across the globe,” said Guvensoylar.

Telecommunications, Texas Lead the Way

According to the white paper , the US telecommunications sector, in particular, feeds the rate of tech goods and services exports, noted by the 9 percent increase in telecommunications services from 2011-2012 and the 6.6 percent increase in communications goods from 2012-2013.

Other key tech services include systems design, software, research and development, testing, and Internet services such as cloud computing and mobility strategy, it said.

From a state-by-state perspective, Texas continued to build on its status as the leading state by tech goods exports, growing from $45.1 billion in 2012 to $48.2 billion in 2013, a 6.7 percent growth rate, compared to a national growth rate of 0.8 percent.

California is a close second to Texas in revenue of exports, but the state saw a 5.1 percent decline in year-to-year exports. Texas and California combine to account for 44 percent of the country’s overall volume of tech good exports.

The TechAmerica Foundation is a non-profit technology industry research group headquartered in Washington, DC.

07/21/2014