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SAFTA
South Asian FTA
 Interactive trade indicators

Technical notes for performance indicators
Performance Indicators :
Member Countries

Bhutan India Maldives Nepal
Pakistan Sri Lanka Bangladesh Afghanistan

Agreement on South Asian Free Trade Area

Status : Signed in 2004 .  In force since 2006
Scope : Regional
Type : Free Trade Agreement
WTO Notification : Enabling Clause 2008
Agreement text : 
http://www.saarc-sec.org/userfiles/saftaagreement.pdf
Other links : 
http://www.saarc-sec.org/areaofcooperation/detail.php?activity_id=5
WTO consideration process : 
Factual Presentation not distributed
GOODS
Tariffs
Negative list (Sensitive list)
Tariff reduction to 0-5% in 7 years (8 years SLK, 10 years LDC's)
Calls for accelerated reductions; Trade Liberalization Programme in effect since 1/1/2006 except for Nepal (from 1/8/2006) and Sri lanka (16/9/2006).
Rules of Origin
Minimum content 40% (30% for LDC's)
Diagonal cumulation
Contingency Measures
   Anti - Dumping : Special treatment to LDC's
   Countervailing Duties : Special treatment to LDC's
   Safeguards : Allowed, maximum 3 years

Standards : Calls for harmonization
Notes:
No provisions for coverage of agricultural goods. Afghanistan ratified the SAFTA protocol on the 4th of May 2011.
SERVICES
WTO Notification (GATS Art. V)Not Notified
       Date of notification

       Consideration Process : Not Considered


Liberalization ApproachPositive Lists

Modes Covered
Cross-border supply (Mode1)
Consumption abroad (Mode2)
Commercial presence (Mode3)
Presence of natural persons (Mode4)

Specific Chapters on
Financial services
Movement of natural persons

Specific Sectors Excluded
Air transport

Public Sectors carve-out : GATS-like (Article I:3(b))

Most Favoured Nation : Not featured

National Treatment : Binding

Market Access : Binding

Domestic Regulation : Binding but subject to legitimate expectations (GATS-like)

Subsidies covered by services disciplines : Not covered

Denial of benefits for commercial presence :
          Article 17 Denial of Benefits Subject to prior notification and consultation, a Party may deny the benefits of this Chapter to a service supplier of the other Party where the Party establishes that the service supplier is owned or controlled by persons of a non-Party and that it has no substantive business operations in the territory of the other Party.


Notes :
          SAARC Agreement on Trade in Services signed 29 April 2010. GENERAL UNDERSIANDING ON PRINCIPLES AND GUIDELINES FOR THE NEGOTIATIONS in SATIS (p.23)stipulates Positive list approach and request and offer approach of negotiations.


Link to schedules :http://commerce.nic.in/trade/SAARC%20Agreement%20on%20Trade%20in%20Services%20SATS.pdf
INVESTMENT
Scheduling Approach

Definition of investment

Most Favoured Nation :
                           
National Treatment :
                           
Fair and Equitable Treatment :
                           
Expropriation :
                           
Board of Directors and executive personnel :

Invester - State arbitration :

Denial of Benefits :
          


Additional BIT exists between the parties :
          BIT list I :
                    Status:
          BIT list II :
                    Status:

Notes :
          


Link to schedules :
TRADE FACILITATION
Customs procedures : Yes Article 8 of the Agreement
Customs valuation : No
Trade regulations publication and administration (transparency) : No
E-Commerce / Paperless trade : No
Cooperation in trade facilitation : No
OTHER AREAS
Government Procurement : Yes
Investment : Yes
Competition Policy : Yes
Intellectual Property : No
Dispute Settlement : Yes
Labor Mobility : Yes
Labor and Environmental Standards : No
Technical cooperation : No
Institutional mechanism : No
Notes:
This agreement supercedes Agreement on SAARC Preferential Trading Arrangement (SAPTA) - Articles 22 and 23, which was signed in 1993 and was in force since 1995, notifeied to the WTO in 1997 by Enagling Clause. membership of Afghanistan needs to go throgh ratification process.
RULES OF ORIGIN
Cumulation
diagonal
Specific Process
n.a.
Heading Change
n.a.
De Minimis
n.a.
Minimum Content
40% (30% for LDC's)
Drawback
n.a.
Http Link
http://www.saarc-sec.org/uploads/document/Annex-IV%20of%20SAFTA%20Agreement%20-%20SAFTA%20Rules%20of%20Origin_20100413015905.pdf
Notes
Under the agreement, Members are required to lower their customs duties to between 0-5 percent by 2012 for developed members while least developed country Members are required to do the same by 2018. It is also decided that services will be included in the framework of SAFTA in a bid to boost regional economic integration. SAFTA is to be fully operationalized by 2016.
SAFTA
South Asian FTA

Member Countries
Bhutan
India
Maldives
Nepal
Pakistan
Sri Lanka
Bangladesh
Afghanistan
Total: 8 countries

Agreement on South Asian Free Trade Area

Status : Signed in 2004 .  In force since 2006
Scope : Regional
Type : Free Trade Agreement
WTO Notification : Enabling Clause 2008
Agreement text : 
http://www.saarc-sec.org/userfiles/saftaagreement.pdf

Other links : 
http://www.saarc-sec.org/areaofcooperation/detail.php?activity_id=5

WTO consideration process : 
Factual Presentation not distributed
GOODS
Tariffs
Negative list (Sensitive list)
Tariff reduction to 0-5% in 7 years (8 years SLK, 10 years LDC's)
Calls for accelerated reductions; Trade Liberalization Programme in effect since 1/1/2006 except for Nepal (from 1/8/2006) and Sri lanka (16/9/2006).

Rules of Origin
Minimum content 40% (30% for LDC's)
Diagonal cumulation

Contingency Measures
Anti - Dumping : Special treatment to LDC's
Countervailing Duties : Special treatment to LDC's
Safeguards : Allowed, maximum 3 years

Standards : Calls for harmonization

Notes:
No provisions for coverage of agricultural goods. Afghanistan ratified the SAFTA protocol on the 4th of May 2011.


SERVICES
WTO Notification (GATS Art. V)Not Notified
Date of notification :
Consideration Process : Not Considered

Liberalization ApproachPositive Lists

Modes Covered
Cross - Border Supply : Yes
Consumption Abroad : Yes
Commercial Presence Abroad : Yes
Movement of Natural Persons : Yes

Specific Chapters on
Financial services : Yes
Movement of natural persons : Yes
Specific Sectors Excluded
Air transport : Yes
Public Sectors carve-out : GATS-like (Article I:3(b))

Most Favoured Nation : Not featured

National Treatment : Binding

Market Access : Binding

Domestic Regulation : Binding but subject to legitimate expectations (GATS-like)

Subsidies covered by services disciplines : Not covered

Denial of benefits for commercial presence :
Article 17 Denial of Benefits Subject to prior notification and consultation, a Party may deny the benefits of this Chapter to a service supplier of the other Party where the Party establishes that the service supplier is owned or controlled by persons of a non-Party and that it has no substantive business operations in the territory of the other Party.


Notes:
SAARC Agreement on Trade in Services signed 29 April 2010. GENERAL UNDERSIANDING ON PRINCIPLES AND GUIDELINES FOR THE NEGOTIATIONS in SATIS (p.23)stipulates Positive list approach and request and offer approach of negotiations.

Link to schedules :http://commerce.nic.in/trade/SAARC%20Agreement%20on%20Trade%20in%20Services%20SATS.pdf


INVESTMENT
Scheduling Approach

Definition of investment

Most Favoured Nation :

National Treatment :


Fair and Equitable Treatment :


Expropriation :


Board of Directors and executive personnel :

Invester - State arbitration : No

Denial of Benefits :


Additional BIT exists between the parties :No

BIT list I :
Status:
BIT list II :
Status:

Notes :


Link to schedules :

TRADE FACILITATION
Customs procedures : Yes Article 8 of the Agreement
Customs valuation : No
Trade regulations publication and administration : No
Use of ICT : No
Mobility of business people : No
Freedom of transit : No
Transport and logistics : No
Trade finance : No

OTHER AREAS
Government Procurement : Yes
Investment : Yes
Competition Policy : Yes
Intellectual Property : No
Dispute Settlement : Yes
Labor Mobility : Yes
Labor and Environmental Standards : No
Technical cooperation : No
Institutional mechanism : No

Notes:
This agreement supercedes Agreement on SAARC Preferential Trading Arrangement (SAPTA) - Articles 22 and 23, which was signed in 1993 and was in force since 1995, notifeied to the WTO in 1997 by Enagling Clause. membership of Afghanistan needs to go throgh ratification process.


RULES OF ORIGIN
Cumulation
diagonal
Specific Process
n.a.
Heading Change
n.a.
De Minimis
n.a.
Minimum Content
40% (30% for LDC's)
Drawback
n.a.
Http Link
http://www.saarc-sec.org/uploads/document/Annex-IV%20of%20SAFTA%20Agreement%20-%20SAFTA%20Rules%20of%20Origin_20100413015905.pdf

Notes
Under the agreement, Members are required to lower their customs duties to between 0-5 percent by 2012 for developed members while least developed country Members are required to do the same by 2018. It is also decided that services will be included in the framework of SAFTA in a bid to boost regional economic integration. SAFTA is to be fully operationalized by 2016.
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