Select Committee on European Union Minutes of Evidence


Examination of Witnesses (Questions 344-359)

Ms Patricia Francis and Mr Rajesh Agarwal

10 JULY 2008

  Q344  Chairman: Ms Francis, Mr Agarwal, thank you so much for coming to see us, it is very good of you. This is a House of Lords inquiry for a report which means that we do take a transcript of everything that is said, but equally we send you the transcript so any infelicities can be removed. What I would like to start with, for the record, is for you to tell me a bit about the work of the ITC as well as anything else you would like to say by way of an opening statement.

  Ms Francis: Thank you very much. I am very honoured to be here and very interested in the subjects that you have presented to the ITC. In fact, the outcome of your recommendations going forward will certainly have a very potent impact on our constituency, who are small and medium-sized enterprises in developing and transition economies. Clearly the ITC, which is a product of both the WTO, in its genesis the GATS, and the UN system is the third part of a process: one, policy development, which is done by an organisation called UNCTAD; two, which is rules-based, which is the work of the WTO; three, ours, which is implementation, which is the realisation of opportunities that have been presented as a result of the global trading system. In a nutshell, that is what ITC is about. We are about helping people to realise the business opportunities which exist in front of them. Because we are both a UN and WTO institution we are also guided by the principles of the UN and the Millennium Development Goals. In making decisions about what it is that ITC does, we qualify things that are in front of us to ensure that we focus our attention on those who have the least opportunities and where poverty is the greatest. We are currently allocating about 45 per cent of our resources to least developed countries and are trying to reach a target of 50 per cent of our expenditure to least developed countries. We focus very much on landlocked and small island developing states because those also have peculiar issues. I have provided you with a couple of documents here. Within the context of trade, ITC is very much focused on "export". We have focused our attention not just on export, but export which has an impact and results in some kind of good. The slogan—Export Impact for Good—that the organisation holds on to and the thing that I challenge my staff with when they come forward with projects is, "Yes, but what is the outcome of this intervention? What is going to happen at the end of the day after you have spent these resources?" This document, to a large extent, speaks to what the goals and objectives of the organisation are. It talks about our role in Aid for Trade and there is a specific question on Aid for Trade so I will hold any elaboration on that for when we speak about that. We try to ensure that we are sensitive to the needs of the people we are working for, that we are providing them with solutions rather than some kinds of activities. We are focused on what are the solutions and can we understand what the real needs of our clients are. Partnering is very important for us because we are a small Geneva-based organisation and, therefore, it is only through partnerships and integration with other organisations that we can truly have an impact. We have five areas of competency or business lines, and they are: 1. Business Trade Policy. Because we are focused on small and medium-sized enterprises it is about helping the private sector to elaborate their issues in a way that can be understood by policymakers and to help them put that in a context so they can benefit from what is happening in the area of trade policy. 2. "Export Strategy" is very much about helping governments and the private sector make choices about where they place the emphasis, where the greatest levels of opportunity are, helping them to distil through a public-private dialogue how they can focus their attention and set priorities because, generally speaking, when we go into a country, and I have just returned from the Caribbean where we were talking about EPAs, there were 22 priorities and we said, "How can we move forward on 22 fronts? I am sure we will fail. Let us see if we can focus", it is through a process of public-private dialogue where one can come up with that. That is what export strategy is about. 3. "Trade Support Institution Strengthening". We cannot work with every small and medium-sized enterprise in developing and transition economies so we work through what we call trade support institutions, which are trade promotion agencies and also chambers of commerce, sector associations, those kinds of organisations that have a membership or clientele. We try to ensure that once we are out of a country there is an institution which is empowered to deliver the same service that we are trying to deliver. It is about capacity building. 4. "Trade Intelligence" is where ITC started with during the GATT days and it is about the trade data, market information, market analysis, understanding trade policy and putting that in a form which allows people to make decisions on their own based on the knowledge which they are able to gather through this data which we produce and assimilate. 5. "Export Competitiveness" at the end of the day is about producing a product which can be sold in a marketplace somewhere, it is not just about production but can we actually sell it and what does it take to do that. In the rest of the brochure we talk about how we connect people and build capacity. We are thinking of the long-term benefits of the work that we do, very much focused on community-based work through linking them with other people and, of course, at the end of the day is it going to result in an impact. That would be where I would want to start. I would be happy to come back to some of these other issues as we go along.

  Q345  Chairman: Thank you very much, Ms Francis. I have a couple of supplementary questions just to get sight of your organisation clearly in my mind. How many people do you have and what is your budget?

  Ms Francis: We have a complement of about 250/260, mainly technical people within the organisation because we are a technical organisation. We are not a policy organisation, we are a technical organisation. Our budget from the UN and WTO, which is our regular budget, is approximately $30 million-plus a year and then we have an additional $30 million-plus which we raise in what we call extra budgetary resources from various donors. That is what we spend on our interventions in various countries.

  Q346  Chairman: If I may just go on, what is the view in the trade and support institutions you work with of the Doha Round? How do you feel about that? The media is starting to say in various places we have a poor deal for the LDCs. Do you agree?

  Ms Francis: In the way that the Doha Round is constructed, there is a guaranteed outcome for the LDCs basically, so regardless of what happens one could say that perhaps they do not have a negotiating position because they negotiated their position beforehand. To the extent that they perhaps could have got something more, maybe they have lost, but just based on what our knowledge is of LDCs there is currently, if one looks at the trade data, very little participation of LDCs in trade. That they have been given market access means there is an opportunity, an opening for them and that they are able to take advantage of. This is where the real challenge is if we look at the reality of what it is that we are talking about. What they may be worried about is, "How do I actually move from an agreement to reality?" The discussion you hear is always about supply side and the question is, "I am going to get market access, but how am I going to realise the opportunity?" That is where the discussion on Aid for Trade comes in. That is where Enhanced Integrated Framework comes in. That is where the understanding of the reality of what is taking place in an LDC and their capacity and capability to take advantage of those supply side capabilities is the big challenge. It is like stepping into Wimbledon without having had the first lesson in tennis, so you are allowed on the court but who is standing on the other side? If it was Venus Williams I would tremble, even though I used to play on my team at school.

  Q347  Lord Haskins: Following on from that, since the Uruguay Round 15 years ago, in many parts of Britain, for example, there is quite a strong feeling that the less developed countries have not benefited from these multilateral agreements. Would you agree with that? What would your response be to that?

  Ms Francis: If we look at the trade numbers they probably have not because their percentage of world trade has actually declined. The fact that world trade has increased in the dollar value—I cannot bring the numbers to the table, but the percentage of world trade has moved from six per cent down to less than one per cent—begs the question why in the Doha Round we are talking about the Doha Development Agenda, not just a Doha Round. The Doha Round was supposed to be about development in recognition of the fact that after the Uruguay Round there was not the commensurate increase and response from LDCs. I think sometimes we forget that this is supposed to be a Development Round.

  Q348  Lord Haskins: Do you think the reason for that is the comment you made earlier that we put them on the tennis court but they did not have the strokes to play Venus Williams?

  Ms Francis: Absolutely, definitely.

  Q349  Lord Haskins: Following on from that there are two specific issues. Have the Special and Differential Treatment provisions been relevant to real development needs and Aid for Trade, and I think we know the answer to that one? On the first one, the Special and Differential Treatment, has that been real Aid for Trade for developing countries?

  Ms Francis: I think there is a challenge here and it is first one of capacity, which is the Venus Williams versus Patricia Francis, or Venus Williams versus John Brown who has never picked up a tennis racket in his life. There is a capacity issue. The second issue is if you do not have congruence between what your development objectives are with your financial objectives, and also with your trade objectives, then the limited capacity that you have will get skewed in a particular direction. What all of us have been doing and the development partners have been focused on is macro-economic stability as being the first pillar that can have economic development taking place. There has been a lot of effort in establishing a base on which good governance could actually take place and the first pillar of that was macro-economic stability. In terms of good governance, we hear talk about the business environment, corruption, and so on, and you have the other pillar which is health and education. A least developed country faced with these very large issues, and in some cases security because that is the other piece, when all of these things are not working then security becomes the big issue, asks "How do I divide up these resources?" Everyone is an advocate for their particular issue, and health, security and education have had the largest voice in any development arena. Trade and trade ministers have perhaps been the least recognised in the developing world. What power does a trade minister actually have? When he sits at the table with health, education and security, and the development partners are saying, "Health, education and security" and nobody is saying, "trade", then the minister of finance is making the decisions on health, education and security. For us to actually see economic development taking place, all of those stars need to line up and choices have to be made about where resources are going to be placed. If we could ever have a mechanism, which I hope is what Aid for Trade is trying to do, where all three sets of people—development, finance and trade—begin to talk together to see how we move the development agenda on but also bring the trade agenda on, perhaps we will see a different outcome. That is what we are trying to accomplish. I do not know if I have answered your question.

  Q350  Lord Haskins: Do you actually think that multilateral agreements have damaged the development of less developed countries? Have they damaged or just made less impact than they might have?

  Ms Francis: I do not think they have actually damaged. They have a bad reputation. Politicians, and I know I am speaking to politicians so I will be careful, are faced with the domestic community and the domestic community are looking at the impact of agreements, so if there is reciprocity in an agreement and there is not the mechanism in-country to help the country realise the potential and deliver on these things then you are going to have a negative outcome. It is a circular reference I keep coming back to. If you are not focused on building the capacity of countries to be able to trade then, of course, if I sign an agreement and do not have the infrastructure in place to be able to deal with it, the years that I have negotiated on Special and Differential Treatment run out and if I have not put in place the infrastructure then all of a sudden I am exposed and the easy thing for a politician to do is blame it on the WTO. That is very much the case. What you hear politicians and trade negotiators talking about is, "Can I have some policy space within which I can manage?" If you take the discussion a little bit further and begin to look at things like customs reform, taxation reform, trade facilitation which would then allow for this business environment to improve, and if resources are put into those kinds of things, that is what we hear our small and medium-sized enterprises talking about, "I see an opportunity but can I realise it because there is not the sanitary and phytosanitary organisations in my country to certify my products. I may be able to find the resources to invest, but is the Ministry of Agriculture's veterinary division able to put a system in place which can allow me to take advantage of that opportunity? Is the refrigeration there at the airport for me to be able to get my product out?" It is practical, pragmatic implications of things that have been negotiated that need to be looked at if, indeed, this potential of being in heaven can be realised.

  Q351  Lord Kerr of Kinlochard: This is extremely interesting. I am struck by the range of things that you and your organisation are trying to do, some of them advising on very, very big issues, good governance, security, export strategies, some of them on very finite, very concrete things, like marketing strategies or the refrigeration at the airport, and you are trying to do it with a smallish budget of $60 million. What would you feel the EU could most do to help the least developed countries that you are trying to help with up to 50 per cent of your effort? Is it at the big end, the big factors, or is it at the very concrete end, the small factors? Take your example of refrigeration at the airport. If you were advising a small Caribbean country that was a natural banana producer, how would you do it? You might find Geest, Fyfe and Dole looking over your shoulder and not very keen to see you encouraging indigenous export capacity, but it might be a very good thing to do. Can you make it concrete for us? If that is a bad example, give me another example.

  Ms Francis: Let me correct something, and I hope I have not left this impression. We are not involved in good governance. We partner with other entities. When we go into a country and we see there is work being done on trade facilitation, what we try to do is bring the private sector voice to that discussion. Generally speaking, what we find is those discussions are happening outside of the private sector or of the small and medium-sized enterprises. The big guys are always at the table, they have their lobby groups and are able to have influence. Where the real opportunities are, those people do not have that access and that is our constituency. We are there preparing them, helping them to make sure their voice goes into this kind of discussion, but we are not involved in big projects related to good governance. We are very much involved in helping people to understand the issues, in market development work, market analysis work, those kinds of practical, pragmatic, on-the-ground kinds of things. I will have to ask not to answer the banana question because I am from a banana family which is perhaps in competition with Geest and so forth. Actually we are partners with Dole. I will take another example. If we look at some other agri-business opportunity, let us take that for example, if we are looking at the European Union, and currently the EPAs offer a level of opportunity which should not go begging, here is an opportunity and this is the time for the European Union to have a real impact and be able to be a real partner, because that is what we should be talking about, a real partnership, on certain objectives. I think it makes life simpler and easier if we go to the OECD document which has the diagram about trade development and so on. Trade policy and trade regulation, trade development, building productive capacities, trade related adjustment, trade related infrastructure, all of these things are critically important if you are going to be successful. For example, let us say we need refrigeration. The way to decide whether or not you need refrigeration is to do a level of analysis to see what is the value chain, how we can develop it and is there an opportunity for private investment, because in my experience private investment has been extremely good because it brings business and much more commitment to the table than aid does. If we were able to find a private investor to come and invest in the refrigeration he, she or the entity would have a vested interest in making sure that there is throughput and would be engaged in the process of ensuring that this happened. What would be the role of the EU in this regard? It would be offering some kind of insurance or guarantees in what might be perceived as a risky environment in which the private sector to engage. What is much needed in all of these countries is to facilitate a mechanism where more private sector is engaged because where more private sector is engaged I believe you will begin to see things happening in a real way. It is facilitating the process where one looks at what these opportunities are, bringing real partners to the table which is very important, real partners who are going to invest in the country, who are going to become partners in the marketplace, because again that is going to be critical. If we are going to find a way to realise this potential then it has to be good business for both sets of partners, that is the only way it is going to be sustainable. At the end of the day if we just build productive capacity without having the proper infrastructure in place, or if we build the infrastructure without the capacity in place, then we have a white elephant and nothing which will run through it. It is a complex thing and if we have trade support institutions, both public and private sector, who understand what the opportunities are, what the building blocks are to make this happen, then you can find a way to build consensus on setting these priorities. If I was in charge of a small Caribbean country and I was looking at these issues I would certainly be looking to the EU to say, "We would like perhaps a relationship with UK Trade and Investment which contribute to the dialogue for people to understand where the opportunities are and to bring real business people from the UK to discuss the opportunities. We would certainly want to see the infrastructure in government as well as in the private sector to build on opportunities presented. Today with tariffs going down to nothing it is going to be your non-tariff barriers, which we are already seeing, which are the things which inhibit trade. If you do not have the SPS infrastructure in place it will still be this opportunity which will never be realised. I cannot stress more the importance of this ability for the capacity building of the trade support institutions both in the public and private sectors. Many of the challenges that we are facing are based on a lack of understanding of the issues. If we could find mechanisms to increase the level of knowledge and understanding then I believe we could get closer to finding where it can be a win-win for everyone.

  Q352  Lord Kerr of Kinlochard: Thank you very much. I have one supplementary. You mentioned, and of course I agree, that although they are both necessary and complementary, trade is more important than aid, and you talked about the role of the private sector and investment. Is it a mistake that there is so little emphasis on security of investment in Doha? Was the Singapore decision a mistake?

  Ms Francis: I think there are huge opportunities for the comfort level of both trade and investment to take place. If one is able to have proper functioning organisations there is very important work that can be done in terms of legislation and regulations because legislation is one thing, but what about the administrative procedures and how do you promulgate those down and get change management. We have seen and experienced in Customs Unions where rules have been changed but they are not promulgated, so you talk to the customs officer and he says nobody has told him anything about that new rule and he is going by the rule that he knows. It is all very well doing things at a high level but you have to find a way to have them trickle right down to the operational level, and that is critical for success.

  Q353  Lord Maclennan of Rogart: You talked about the importance of identifying private investors to participate in stimulating trade in least developed countries. Do you look to the European Union at all to assist in that process of identification? You have explained how you would look to the Union for terms of trade or the circumstances of a regulatory background, but do you have any direction from the Union? How do you approach that?

  Ms Francis: We partner with a number of organisations in the European Union who are what you might call outward investment or outward export support organisations, or ones that help import products into the EU. Basically the function of these organisations is to work with us and our partners in developing countries to establish what are the products that could potentially enter the European market, who are the potential buyers and is there a way we can construct a relationship to make that happen. We would select a number of products within a sector, look at how product development needed to happen, whether it was a question of packaging, of certification, and we would work to make sure that the various institutions which are necessary to create compliance would actually come up to speed and then be certified to have these exports go out. It may be something simple like packaging where we would work with a packaging institute in a European Union country in order to make sure the local producers of packaging are producing packaging material to the standards necessary to go into the European market. In the case of organics, say, it may be that we are working with a number of institutions to set up a traceability mechanism and training various people in order to do that. Yes, we have key partners in the European Union who provide that kind of service and it is very effective because at the end of the day what we have are business-to-business meetings or we may be just going for a trade show. You are identifying the kind of product, making sure that you can actually produce it and then taking it to the market through the trade shows, having meetings and having it sold.

  Q354  Lord Maclennan of Rogart: Does the European Union itself provide any kind of intermediation between those sectoral partners and yourselves, or is it a private enterprise by you, in a sense, to find these partners?

  Ms Francis: It is really country organisations. It would be the Netherlands, et cetera. It is state driven more than European driven. We also have several European Union programmes funded by the European Union, for example, in Asia where they are building the capacities of the organisations, they are working to ensure that, indeed, the intermediary institutions, like the standards organisations, et cetera, are built. The European Union is very much working with us in that regard in quite a number of areas. They are also working with other partners. Clearly ITC is not the only organisation involved in this business. We have also been working through the Enhanced Integrated Framework which has been created specifically for LDCs and there the UK is one of the bigger players involved. That is an excellent mechanism in the LDCs because there is a process by which the trade priorities are agreed and that distillation process is done and the resource is put behind that and countries can go after it. The EU is a player in that as well, I think.

  Q355  Lord Maclennan of Rogart: Can I move to another question which arose earlier in our inquiry about the European Union's bilateral trade agreements. It was alleged and argued by some of our witnesses that the European Union, in a sense, was picking off trading partners within groups which could be positively disadvantageous to those left out and it was a sort of divide and conquer pattern. What is your response to that allegation?

  Ms Francis: The big challenge in bilateral agreements is the multiplicity of Rules of Origin. That is why I think the multilateral trading system is preferred and multilateral agreements much preferred. When you think about the capacity of countries to comply, it is not possible for a small and medium-sized enterprise to understand all the different rules that they have to meet to go into different markets. If everybody has a different rule, it is just not possible. They can barely administer the accounting of their organisation, much less figure out is it 20 per cent or 25 per cent of value added to X product which allows them to get into Y market or Z market. I would say that clearly our constituency is not disposed to the multiplicity of agreements because generally those will also be WTO Plus and that will probably impose some obligations which are even greater than they would normally have. If you have to deal with different Rules of Origin it becomes what they call a noodle bowl. It is just not possible. It is not possible to actually look at what would perhaps be your natural markets. It is very market distorting. I think that is what you will find from small and medium-sized enterprises.

  Q356  Lord Maclennan of Rogart: If you cannot get complete regional participation in a trade agreement, is it not better just to go for those who can reach agreement? I am thinking perhaps of the example of West Africa where it has sometimes proved difficult to involve Nigeria in some of these bilaterals. What is the disadvantage? It is obviously preferable to have a regional agreement, but if you cannot get it as a not bad second best, why not?

  Ms Francis: If you look at the trend, certainly there is a level of pragmatism which is brought to the table and governments then realise if the regional trade agreement is not going to happen they will respond to the pressure of their business people and will go ahead with bilateral agreements. From our experience, we have seen that it can be used as a stepping stone. Is it the optimum situation? It is not, but it can be used as a stepping stone and some governments make the decision from a very practical and pragmatic point of view that they will move ahead. I can give you a bizarre example. A free trade agreement between Central America and the US on garments where the garments can be made of fabric from various places, however the pockets must be made in the United States, so you have to import the pockets and stitch them on in Central America. That was because of some particular lobby in some place where there were factories and the compromise was that they were to make pockets. Some of the things that are put into these agreements are ridiculous. That is why our constituency wants to have more of a multilateral environment which then has more of a level playing field and these anomalies are not introduced at that time.

  Q357  Lord Kerr of Kinlochard: I do understand your preference for multilaterals, I am sure we all do, but I would like to press you a little on your answer to Lord Maclennan's question because your answer was about Rules of Origin. Is it not the case that the European Union is, in fact, pretty liberal in its Rules of Origin rules in relation to LLDCs? You do have to have some Rules of Origin, otherwise an enterprise in a country that does not have duty-free access to European markets could send, allegedly for final assembly, but in fact for repackaging or labelling, goods to a country that does have such access to Europe. You need to have some sort of system.

  Ms Francis: Yes.

  Q358  Lord Kerr of Kinlochard: I thought, maybe wrongly, that we in the European Union, say by comparison with the United States, were quite liberal, particularly in relation to LLDCs? If that is not true that is important. This does seem to me to be the way the world is going to go, there are going to be more bilateral agreements and if the major objection to them is the complication of conflicting and illiberal Rules of Origin, then we, on this Committee, ought to think about it.

  Ms Francis: The European Union has, indeed, had more flexibility in its Rules of Origin than many other people. You are moving in the right direction and are far more exemplary than other countries. If there are complexities then the complexity is what is difficult for countries and some people have opted for MFN because it is simpler rather than going through complex preference arrangements which means they have to prove certain things.

  Q359  Lord Kerr of Kinlochard: Do we allow cumulation in respect of goods from a particular region, contiguous very poor countries? I think we do.

  Ms Francis: Yes, that is something new. In fact, the Bangladesh Ambassador was saying something very positive to me the other day about this accumulation. We saw some factories in Lesotho where they were getting fabric from Bangladesh, going into Lesotho, product being produced and going out. That is very positive.

  Chairman: Because we are slightly running out of time, I am going to jump to a question about services which Lord Woolmer wants to ask.


 
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