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No. 83 of  2015

WEDNESDAY, DECEMBER 23, 2015

Filed from Portland, Oregon

Click here for last Friday's quote's quote from
EU Trade Commissioner Cecilia Malmström.
FROM NAIROBI: AN ACHIEVEMENT HAILED

"Today, once again, we delivered.  ... Despite adversity - despite real challenges - we are creating a new habit at the WTO: success.  Congratulations to you all."

Roberto Azevędo
December 19, 2015
CONTEXT
The is from Robert Azevędo's remarks at last Saturday's closing ceremony for the WTO's 10th Ministerial Conference in Nairobi, Kenya.  We have combined a bit from the beginning and a bit from the end.  In between, of course, is a short summary of the Ministerial' s accomplishments.

With a Ministerial Declaration and several ministerial decisions, the Nairobi package is a rich and varied diplomatic achievement.  Like others in the trade community, we expect to look and look again at various elements of that package over the next few months.  Here we will mention just four.

First, the Expansion of the Information Technology Agreement.  Covering as it does some $1.3 triillion in trade, this new ITA agreement wins the prize for the most commercially significant component of the Nairobi package.
 
Second, Elimination of Agricultural Export Subsidies.  Director-General Azevędo described this ministerial outcome as "particularly significant."  He explained:

"WTO members - especially developing countries - have consistently demanded action on this issue due to the enormous distorting potential of these subsidies for domestic production and trade. In fact, this task has been outstanding since export subsidies were banned for industrial goods more than 50 years ago.

"Today's decision tackles the issue once and for all. It removes the distortions that these subsidies cause in agriculture markets, thereby helping to level the playing field for the benefit of farmers and exporters in developing and least-developed countries."

Third, More on Cotton.  If our memory is correct, cotton soared to the top of the WTO's issue pile at the 2003 Ministerial Meeting in Cancun, Mexico, fueled by the demands of the Cotton Four - Benin, Burkina Faso, Chad, and Mali - and a paper from Oxfam. The WTO Nairobi summary paragraph on cotton reads as follows:

"On market access, the decision calls for cotton from LDCs to be given duty-free and quota-free access to the markets of developed countries - and to those of developing countries declaring that they are able to do so - from 1 January 2016. The domestic support part of the cotton decision acknowledges members' reforms in their domestic cotton policies and stresses that more efforts remain to be made. On export competition for cotton, the decision mandates that developed countries prohibit cotton export subsidies immediately and developing countries do so at a later date."

Fourth, The Future of Doha.  In essence this was an agreement to disagree. It is captured quite definitively in paragraph 30 of the Nairobi Declaration:

"30. We recognize that many Members reaffirm the Doha Development Agenda, and the Declarations and Decisions adopted at Doha and at the Ministerial Conferences held since then, and reaffirm their full commitment to conclude the DDA on that basis. Other Members do not reaffirm the Doha mandates, as they believe new approaches are necessary to achieve meaningful outcomes in multilateral negotiations. Members have different views on how to address the negotiations. We acknowledge the strong legal structure of this Organization."

COMMENT
Doha.  Let's take the last of these first.  We were not in Kenya last week.  Your editor sat out this last WTO Ministerial on a hillside in Portland, Oregon.  Still, our strong impression is that clearly articulating this difference within the confines of the Nairobi Ministerial Declaration was perhaps the conference's greatest achievement.  And it was collective one, relying as it did on the leadership of USTR Michael Froman, whose comments in advance of the ministerial pointed the way to just such an outcome; the genius of Director-General Azevędo and his management of the difficult politics of the WTO; and the skill of Amina Mohamed of Kenya, who chaired the conference, and who was clearly determined to make this first WTO ministerial in Africa a success.  Congratulations to all.

Time will tell just how one should look at all of this.  We tend to think of those who declare that Doha is dead as more right than wrong.  But death, even the death of a negotiation, is only part of a process.  There is mourning, and that too is a process.
 
We were in Hong Kong for the 6th Ministerial.  Land is way too expensive there for many to afford a burial plot, but you can rent one for five or ten years.  We are fuzzy on the details here.  Suffice it to say that Doha is likely to be a staple of WTO declaration for a while longer.  But this was the turning point.  Yes, it was a case of same church, different prayers.  The result, however, is that the church is stronger.

Nairobi and U.S. law.  Of the issues highlighted above, two raise the question, will U.S. law need to be changed in any way?  With respect to the first of these, the expansion of the Information Technology Agreement, it should be pretty straightforward.  Our understanding is that the President's existing tariff proclamation authority is all that will be needed to cut those U.S. tariffs that will need to be cut for the new ITA agreement to go into effect next July.  Still, even here there are some procedural formalities - notifications to Congress etc. - that need to be observed.

Agricultural Export Subsidies. As for the commitment by developed countries - certainly including the United States - to eliminate agricultural export subsidies immediately, we assume that, implicitly, the U.S. has already done what needs to be done and that no further changes in U.S. law are required.  But that is only an assumption.  We are not certain on this point. Moreover, some press reports from abroad suggest that at least some of America's trading partners do expect U.S. practice to change for the products they care about.

On the other hand, there is no hint of a need for such change in the statement issued by Representative K. Michael Conaway (R-TX) after the conclusion of the Nairobi conference.  Mr. Conaway is the chairman of the House Committee on Agriculture.  While he praised some elements of Nairobi decisions, he was quite critical of others, especially the decision to give developing countries a pass on certain subsidies. He said:

"I am concerned that the agreement reached in Nairobi allows developing countries to continue to use export subsidies for transportation and marketing for another eight years even though the United States has held the position that the authority of countries to offer these sorts of subsidies expired back in 2004."

Cotton.  Here too Chairman Conaway expressed concern.  Yes, he was pleased that the WTO acknowledged reforms to the U.S. domestic cotton policy.  It was what was missing from the Nairobi decisions that troubled him.  "I am disappointed," he said, "that some acknowledgement was not made concerning the deeply harmful impacts that China and India's domestic cotton policies are having upon cotton farmers around the world." 

We think the chairman has a point.  Cotton is big business in the United States, accounting for some 420,000 jobs - including both direct and indirect employment - and more than $100 billion in activity.  China and India, though, are the really big producers, each with its own support system, and China is by far the world's largest user of cotton. 

Against those realities, it is hard to read the WTO's work in this area as economically meaningful to the Cotton Four or anyone else. If the major producers and consumers are developing countries, then a policy that gives developing countries a pass is, almost by definition, not especially meaningful.  Having said that, we do not discount the potential significance of China according duty-free, quota-free treatment to cotton from the least developed countries.

The point remains, however: the WTO's work on cotton has arguably been more divisive than constructive, and has felt more like an attempt at managed trade than liberalization.
SOURCES & LINKS
Concluding Remarks is a link to the statement by Director-General Roberto Azevędo at the final session of the WTO's 10th Ministerial Conference in Nairobi, Kenya.  This speech ss the source for today's featured quote.

A WTO Summary is a WTO press release from December 19 with an overview of the Nairobi accomplishments. 

The Nairobi Ministerial Declaration is a link to this document.

Chairman Conaway (R-TX) reacts is a link to a statement on the results of the Nairobi Ministerial from the chairman of the House Committee on Agriculture.

From the National Cotton Council takes you testimony by Shane Stevens of this group before the House Agriculture Committee on December 9, 2015.

 

 

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