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Services and SACU Paul Kruger paul@tralac.org. Introduction. Difference between trade in goods and trade in services Services are regulated by domestic laws and regulations
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Services and SACU Paul Kruger paul@tralac.org
Introduction • Difference between trade in goods and trade in services • Services are regulated by domestic laws and regulations • Domestic legislation is used to protect services industries for example Section 64(1) of the Electronic Communications Act: “(1) A foreigner may not, whether directly or indirectly- (a) exercise control over a commercial broadcasting licensee; or (b) have a financial interest or an interest either in voting shares or paid-up capital in a commercial broadcasting licensee, exceeding twenty (20) percent. (2) Not more than twenty (20) percent of the directors of a commercial broadcasting licensee may be foreigners.” • Two restrictions on foreigners: i) market access restriction limiting the participation of foreigners to 20%; and ii) national treatment restriction favouring local directors • Creating a transparent and predictable framework
Scheduling • A services agreement generally consists of two main elements: a) general obligations; and b) specific commitments • Specific commitments reflect the liberalisation undertakings made by countries – it is a flexible framework • Section 64(1) of the Electronic Communications Act in a schedule:
Liberalisation • The schedules not only create a predictable and transparent framework but also establish a framework for liberalisation • The eventual goal is to abolish ALL restrictions: Tripartite agreement - “possibility of no restrictions in the priority sectors”. • The ‘standstill clause’ and its effect • It can remove the flexibility – prevent countries to schedule ‘future’ restrictive measures • Each sub-sector will have to be committed as seen from MERCOSUR and ASEAN • Difference between African scheduling and other regions
Regulatory inventory • Regulatory audits can provide countries to provide countries with a clear understanding of what is happening behind the borders of each country. • All measures whether in the form of a law, regulation, rule, procedure, decision, administrative action or any other forms taken by central, regional or local governments and authorities, and non-governmental bodies in the exercise of delegated powers must be reviewed. • Perhaps a review all domestic regulation - qualification requirements and procedures, technical standards and licensing requirements and procedures – can be useful (particularly when harmonising) • Can also facilitate foreign investment, highlight regulatory weakness and identify areas for reform • Information must be stored to be easily accessible – because the ability to accurately store and administrate large amounts of regulatory information will become more important
South Africa and the region • What services strategy for SA? • Manufacturing sector is the focus of IPAP2 - this “productive” sector of the economy creates the “conditions for the services sector to grow” • Bilateral, regional or none? • SA has powerful services industries but bold action is needed • SA strategy however different from its trading partners – SA industries considerably more developed • Objectives of SACU member states are not aligned – in goods trade this is addressed through the revenue sharing mechanism • What are our options / preferences?