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Local Content Policies Design and Implementation Issues

Local Content Policies Design and Implementation Issues. Conference on Local Content Policies in the Oil, Gas and Mining Sectors Vienna, October 1, 2013. Local Content Mechanisms. Framework. Definition. What does local content include? Legal loopholes – what is a “local company”?

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Local Content Policies Design and Implementation Issues

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  1. Local Content Policies Design and Implementation Issues Conference on Local Content Policies in the Oil, Gas and Mining Sectors Vienna, October 1, 2013

  2. Local Content Mechanisms Framework Definition What does local content include? Legal loopholes – what is a “local company”? Local vs. National Content • Voluntary scheme – Company dependent • Non-binding framework – Chile • Legislation – Timor-Leste • Contracts – Worldwide • Bids – Brazil

  3. Trade and Investment Treaties • WTO: Aim to lower tariffs and non-tariff barriers • Limiting performance requirements related to trade in goods (TRIMs Agreement in 1995) • Limiting performance requirements related to trade in services (GATS Agreement in 1995) • Limiting performance requirement related to government procurement (GPA Agreement in 1996) • Bilateral and Multilateral Trade and Investment Treaties • International investment agreements with Japan, USA, Canada and others forbid performance requirements beyond TRIMs • NAFTA: Example of Mobil vs. Canada case

  4. Implementation

  5. Holistic Approach • Cooperation

  6. Questions • Are market forces sufficient to increase local content? • Should future trade and investment treaties further restrict domestic local content policy discretion? • What is the principle stumbling block in practice for the successful implementation of a binding local content policy?

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