Posh Raj Pandey South Asia Watch on Trade, Economics & Environment (SAWTEE), Kathmandu, Nepal. Presented by

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International Support Measures for LDCs- Special and Differential Treatment in WTO Provisions and Preferential Market Access Training Workshop- Trade Related Survey for LDCs Organized by Committee for Development Policy (CPD) Secretariat (28-29 June, 2010, Geneva) Presented by Posh Raj Pandey South Asia Watch on Trade, Economics & Environment (SAWTEE), Kathmandu, Nepal

Background : Nepal as an acceded country Outline of approach in finding responses and time taken Sources of information and Ministry/ Departments/ Agencies approached List of questions for which it was tough to collect information Main findings of the survey Few suggestions

Nepal, 147 th memebr, joined WTO in April 2004 WTO minus conditions Phasing out of other duties and charges (ODCs) Subsides Agriculture export subsidies Subsidies contingent upon domestic content requirements Trade-related investment measures (TRIMs) Import licensing procedures Transition period

WTO plus commitments Judicial review Internal taxes and tariff policies Market liberalization High binding coverage Low bound rate Phasing out tariffs on ITA products High sectoral coverage in services commitments Transparency

Identification of the issues covered by the survey and review of relevant WTO provisions (2 days) Establishment of contacts with Ministry of Commerce and Supplies (MoCS) and identification of focal person for the survey (1 day) Identification of relevant government agencies (together with MoCS focal person) (1 day) Informal interview with government officials (coordinated by MoCS focal person) and private sector: telephone and in person (3 days) Collection and review of related official documents/ reports and preparation of responses (4 days) Verification of responses : MoCS focal person (1 day)

Ministry of Commerce and Supplies (Focal Ministry for WTO) - Department of Commerce, Trade and Export Promotion Centre Ministry of Agriculture- Department of Food Technology and Quality Control Ministry of Industry- Nepal Bureau of Standards and Metrology, Department of Industry Ministry of Finance -Foreign Aid Coordination Division Ministry of Information -Nepal Telecommunication Authority Federation of Nepalese Chamber of Commerce and Industries (FNCCI) commodity associations Relevant project offices

Information provided by the respondents Government agencies : documents/ reports/ publications International agencies : WTO documents, UNCTAD, ITC, World Bank publications Publications of national research institutes and private sector

Inability to comply with obligations ( I. 2.1) : diverse sources of information and difficult to coordinate Food aid (I. 3.2): No consolidated information, relied on external sources Rejection of export due to non-compliance to SPS (I.4.3) : No government records, information gathered from private sector/ commodity associations Contentious and difficult issues in accession negotiation (I.14.4, I.14.5, I.14.6) : No record in the government, information provided by negotiators Suggestions on improving the quality of support measures (I.15.1): no systemic study, subjective view of respondents

Factor inhibiting utilizing LDC preferences ( II.1.6) : no systematic study, subjective views of respondents Major exports covered by MFN (II 1.9) : No information with the government, need to rely on external source and verify with private sector. Aid for Trade programme and technical assistance (II 1.15): no consolidated information, data to be collected from relevant agencies/projects

Increasing trade opportunities GSP in operation but exclude few exportable products (garments in US and handmade carpet in turkey) Also rules of origin, non-tariff measures and supply-side constraints also inhibiting to exploit increased opportunities. Safeguard the interest of LDCs Accession package terms and conditions diluted some of the measures Lack of information, adequate institutional structure and human resources impeded the use of such measures. Flexibilities in rules and disciplines governing trade measures Flexibilities in rules dealing export subsidies and trade related investment measures were rescinded in accession negotiation But, lack of financial resources and tight budget had constrained in utilizing flexibilities to promote trade and industry

Transition periods Agreement on Customs Valuation : until 31 December 2006, Agreement on Technical Barriers to Trade : until 31 December 2006, Agreement on Sanitary and Phyto-Sanitary Standards : until 31 December 2006, Agreement on Trade-Related Aspects of intellectual Property Rights: until 31 December 2006, Tariff reduction on some products: until 31 December 2007 for information technology products and until December 2012 for vehicles, Abolition of Other Duties and Charges : until 31 December 2012, Implementation of some of the commitments in services sector: branch banking and additional telecom service provider until 31 December 2009.

Technical assistance Preparation of Nepal : Nepal prepared Action Plans for compliance with WTO rules, Diagnostic Trade Integration Study (DTIS) 2003, Nepal Service Policy Review, 2009. Major technical assistance programmes: Accession negotiation : UNDP, UNCTAD and WTO Secretariat Post- WTO membership : Multilateral Trade Integration and Human Development in Nepal; Integrated Framework (IF) window I and II; Enhancing Nepal s Trade Related Capacity Building; EC-Nepal WTO Technical Assistance Programme; Nepal Enhanced Capacities for Trade and Development Project. Other development partners-adb, GTZ, DfID, USAID are also engaged. Food aid programmes

Identification of issues and relevant agencies Formation of a Group coordinated by ministry of Commerce (Focal Ministry for WTO issues) with representation from relevant agencies Organization of meeting of the Group and identification of required information and possible sources Collection of information from various agencies Preparation of responses to the questions under the guidance of Ministry of Commerce Validation of responses by the Group