Examination of Obligations in U.S.- Vietnam Bilateral Trade Agreement with WTO Accession Requirements

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´╗┐Examination of Obligations in U.S.- Vietnam Bilateral Trade Agreement with WTO Accession Requirements Demetrios J. Marantis Chief Legal Advisor, U.S.- Vietnam Trade Council demetrios.marantis@usvtc.org www.usvtc.org Seminar on Vietnam's Accession to the WTO Hanoi Hilton Opera 6 August 2003

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Overview: From the BTA to the WTO

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Overview: From the BTA to the WTO BTA: Bilateral MFN Agreement/Lays Foundation for WTO Types of Trade Agreements Pre-WTO : MFN Trade Agreement (e.g., BTA) WTO : WTO Accession Post WTO : WTO Plus FTAs (e.g., U.S.- Singapore FTA) Historical Context Necessary for U.S. to apply MFN duties to Vietnam Other nations have additionally experienced MFN concurrences with U.S. (e.g., Russia, Cambodia) Big Step to WTO BTA in light of WTO standards Through BTA, Vietnam has effectively dedicated to do a large portion of the things that will be required of it for WTO promotion.

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Overview: From the BTA to the WTO Some BTA commitments consolidate WTO Agreements in full. Ch. I, Art. 3(4) : joins WTO Customs Valuation Agmt. Ch. IV, Art. 11 : consolidates substantive arrangements of WTO TRIMs Agmt Chapter VI, Art. 8 : joins WTO Import Licensing Agreement WTO Accession will oblige Vietnam to apply such understandings to all WTO Members . Some BTA commitments join incomplete WTO commitments. Part I : consolidates key standards of SPS, TBT, and others Chapter II : joins a large portion of TRIPS Agreement Chapter III : fuses the vast majority of GATS Chapter VI : in view of WTO straightforwardness standards WTO Accession will oblige Vietnam to expect full assentions, where important (i.e.., SPS, TBT, TRIPS, GATS), and apply to all Members.

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Overview: From the BTA to the WTO Some BTA responsibilities will frame premise of arrangements with Members. Ch. I, Annex E : tax duties Ch. III, Annex G : administrations duties WTO Members will anticipate that Vietnam will "multlateralize" these responsibilities in accordance with WTO MFN commitments. Some BTA commitments have no WTO reciprocals. Ch. II : certain arrangements give more than the TRIPs Ch. IV : venture arrangements (other than TRIMs) Ch. V : business assistance Ch. VI : certain straightforwardness arrangements give more than WTO Most (yet not all) of these arrangements won't assume part in WTO promotion transactions.

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Overview: From the BTA to the WTO Key Questions for WTO Accession Where is WTO Accession "BTA Plus"? Which BTA Commitments Do WTO Provisions Require Vietnam to "Multilateralize"? What Benefits Does the WTO Provide that the BTA Does Not? How Does BTA Implementation Facilitate WTO Accession by 2005?

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Where is WTO Accession "BTA Plus"?

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Where is WTO Accession "BTA Plus"?

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Where is WTO Accession "BTA Plus"? (Cont.)

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Where is WTO Accession "BTA Plus"? (Cont.)

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Where is WTO Accession "BTA Plus"? (Cont.)

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Which BTA Commitments Do WTO Provisions Require Vietnam to "Multilateralize"?

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Which BTA Commitments Do WTO Provisions Require Vietnam to "Multilateralize"?

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Which BTA Commitments Do WTO Provisions Require Vietnam to "Multilateralize"? (Cont.)

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Which BTA Commitments Do WTO Provisions Require Vietnam to "Multilateralize"? (Cont.)

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What Benefits Does WTO Accession Provide That the BTA Does Not?

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What Benefits Does WTO Accession Provide That the BTA Does Not?

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What Benefits Does WTO Accession Provide That the BTA Does Not? (Cont.)

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How Does BTA Implementation Facilitate WTO Accession by 2005?

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How Does BTA Implementation Facilitate WTO Accession by 2005?

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How Does BTA Implementation Facilitate WTO Accession by 2005? (Cont.)

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Conclusion

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Conclusion: The BTA and Post-2005 BTA reflects WTO Agreements as the are today. Today : such a large number of BTA commitments come from/like WTO Accession prerequisites. Tomorrow : WTO in procedure of advancement. Promotions get harder every time. Less demanding to agree in 1995 than now. Doha commitments could include new promotion necessities. Nations arranging post-2005 could confront harder time. BTA sets arrange for 2005 Accession. WTO increase necessities are what they are. BTA, which consolidates and stages in huge numbers of these prerequisites, finishes 2005 objective.

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August 2003

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