Melanesian Spearhead Group (MSG) Trade Agreement Overview

 
The Melanesian
Spearhead Group (MSG)
Trade Agreement
(MSGTA2)
 
 
Technical Workshop on International
Merchandise Trade Statistics Workshop
Suva, Fiji; 26 Feb-02 Mar 2018
Suva, Fiji; 26 Feb-02 Mar 2018
 
 
Overview of Presentation
 
Background Information
Objectives of the MSG Trade Agreement (MSGTA)
Scope and Coverage
Qualification Criteria for Preferential Treatment
Towards the Melanesian Free Trade Agreement
(MFTA)
 
Parties
 
Fiji
Papua New Guinea
Solomon Islands
Vanuatu
 
    Background Information
 
1993: Original MSGTA entered into force (PNG, Solomon
Islands and Vanuatu. Fiji joined in 1996)
2005: MSGTA2 was adopted and still in force
MSGTA1 
positive list
; MSGTA2 
negative list
Members (except Solomon Islands) agreed to an 8-year
tariff liberalization schedule
→ Fiji & Vanuatu without a
negative list but PNG exceptions mackerel, salt & sugar
Solomon Islands: liberalization schedule by  2017, given
ramifications of 1998-2002 socio-economic events
 
 
Objectives of the MSGTA2
 
 
To 
enhance intra-regional trade 
and contribute to
the 
deepening of MSG integration 
through the
gradual liberalization of tariffs on goods imported
from other MSG countries
To 
contribute to the harmonious development and
expansion of world trade 
through the gradual
reduction and/or elimination of other protectionist
mechanisms
To 
promote fairness and competition 
in trade
 
Preferential Treatment
Accorded
 
Goods are eligible for preferential treatment if they
originate from MSGTA2 Parties i.e. 
originating goods
Rules of Origin 
criteria is therefore key
Article 13 
and 
Annex III 
set out conditions for goods to
qualify as “originating”
 
 Rules of Origin – Article 13
and Annex III
 
Article 13 – Preferential Treatment states:
“1. For the purpose of this Agreement, goods and
services shall be accepted as eligible or preferential
treatment, if such trade-
 
(a) originate in the Parties in accordance with
the rules of origin applicable to this Agreement as set
forth in Annex III; or
 
(b) as specified in Schedule II to this
 
Agreement”
 
Preferential Treatment-
Product Coverage
 
All originating Goods not under the Negative List or
excluded under Article 9.5
Article 9.5 provides for the exclusion of the following goods
from receiving preferential treatment
Chapter 22- Beverages, Spirits and Vinegar except
products falling under HS Codes 2201, 2202 &
2209
Chapter 24 – Tobacco and manufactured tobacco
substitute
Chapter 27 – Mineral fuel, mineral oils and
products of their distillation; bituminous mineral
waxes and
Cane sugar HS Code 1701 1100
 
How to Determine Origin –
Qualifications Criteria
 
OR
 
A. Wholly Produced or
Obtained  Goods
 
Paragraph 1 of Annex I describes “Wholly produced
or obtained goods” as 
goods that contain no
materials imported from outside the MSGTA area
 
2 Categories:
1.
Products that have been obtained in an 
unprocessed
state
2.
Products that are produced in the territory of an
MSGTA 
from products exclusively derived
 from  that
country
 
A. Wholly Produced or
Obtained  Goods
 
Raw Products; or
Not undergone any manufacturing processes; or
Does not contain foreign parts or inputs
 
Eg. Mineral products extracted from the soil or
seabed of a Party
 
Vegetable products
 
Products obtained from fishing or hunting
Goods produced exclusively from products of a Territory
of an MSGTA2 Party – with no foreign inputs
 
  B. Goods that are
Sufficiently Worked
 
Manufactured or processed goods that comprise
materials that have not all been derived from
MSGTA Parties
, but 
processing activities have
been undertaken in MSGTA Parties
 
Change of Tariff Heading (CTH) Criteria 
is used to
determine whether a good has been “sufficiently
worked”
 
Change of Tariff Heading
(CTH) Criteria
 
Products are considered to be sufficiently worked
or undergone “substantial transformation” if
in the course of processing there has been a 
change in
the tariff heading of the HS Code in the last two (2)
digits of the six (6) digit tariff heading
; 
and
 
The new tariff heading of the HS Code must be different
from the headings of all the non-originating materials
used in the manufacturing process
 
Processes that merely facilitate preservation, shipment,
storage, transportation or simple repackaging DO NOT
qualify under products to be granted preferential treatment
 
Private Sector
Perspectives of MFTA
 
General aversion: Benefits for some and not for all
Lack of awareness of MSGTA privileges, requirements,
forms, Trade Facilitation themes & reforms
Lack of MSGTA trade data for business planning
Unilateral policy shifts without consultations: duty &
visa fee exemption vs. (unannounced) imposition
Disconnects: Govt/Private Sector; Intra-Govt; Intra-
Private Sector & 
Minister/Border Official
2017 Fiji/PNG Business Council AGM: 50% fall in trade
due to “food biosecurity” issues between Fiji & PNG
 
 
Moving Forward: MFTA
 
A more comprehensive Free Trade Agreement
Negotiations concluded in 2016 (
MSGTA 34p vs. MFTA 287p
)
Focuses on further deepening integration and economic
development through:
Trade in Services liberalization
Enhanced Labour Mobility provisions
Cross-Border Investment
Regional Value Content of 30%
Safeguards (10yrs LDCs; 5yrs DCs)
Customs, Trade Facilitation, SPS, TBT (standards, tech, reg, conformity)
2 Countries have signed (Fiji and Solomon Islands)
Instruments of Ratification not yet deposited so NOT yet
entered into force
 
Moving Forward: TradeCom
 
TradeCom II Programme Capacity Building Project
(in preparation for MFTA)
Dimension 1:  
Strengthening MSG Secretariat’s Trade
Division to effectively monitor intra-regional and
international trade flows 
(Trade Statistics)
Dimension 2:
 Identifying air and shipping
connectivity bottlenecks and recommending suitable
Trade Facilitation improvements
Dimension 3:  
Improving access to trade-related tools
and information
Validation Workshop, Port Vila, 15 March 2018
 
Vinaka vakalevu
Tank tu mas
Tank yu tru
Oleti
Thank you & Merci
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This overview provides information on the Melanesian Spearhead Group Trade Agreement (MSGTA), its background, objectives, parties involved, preferential treatment accorded, rules of origin, and more. The agreement aims to enhance intra-regional trade, promote fairness and competition, and contribute to the deepening of MSG integration through tariff liberalization and elimination of protectionist mechanisms.

  • Melanesian Spearhead Group
  • MSG Trade Agreement
  • International Trade
  • Regional Integration
  • Tariff Liberalization

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  1. The Melanesian Spearhead Group (MSG) Trade Agreement (MSGTA2) Technical Workshop on International Merchandise Trade Statistics Workshop Suva, Fiji; 26 Feb-02 Mar 2018

  2. Overview of Presentation Background Information Objectives of the MSG Trade Agreement (MSGTA) Scope and Coverage Qualification Criteria for Preferential Treatment Towards the Melanesian Free Trade Agreement (MFTA)

  3. Parties Fiji Papua New Guinea Solomon Islands Vanuatu Parties to the MSGTA2

  4. Background Information 1993: Original MSGTA entered into force (PNG, Solomon Islands and Vanuatu. Fiji joined in 1996) 2005: MSGTA2 was adopted and still in force MSGTA1 positive list; MSGTA2 negative list Members (except Solomon Islands) agreed to an 8-year tariff liberalization schedule Fiji & Vanuatu without a negative list but PNG exceptions mackerel, salt & sugar Solomon Islands: liberalization schedule by 2017, given ramifications of 1998-2002 socio-economic events

  5. Objectives of the MSGTA2 To enhance intra-regional trade and contribute to the deepening of MSG integration through the gradual liberalization of tariffs on goods imported from other MSG countries To contribute to the harmonious development and expansion of world trade through the gradual reduction and/or elimination of other protectionist mechanisms To promote fairness and competition in trade

  6. Preferential Treatment Accorded Goods are eligible for preferential treatment if they originate from MSGTA2 Parties i.e. originating goods Rules of Origin criteria is therefore key Article 13 and Annex III set out conditions for goods to qualify as originating

  7. Rules of Origin Article 13 and Annex III Article 13 Preferential Treatment states: 1. For the purpose of this Agreement, goods and services shall be accepted as eligible or preferential treatment, if such trade- the rules of origin applicable to this Agreement as set forth in Annex III; or (a) originate in the Parties in accordance with (b) as specified in Schedule II to this Agreement

  8. Preferential Treatment- Product Coverage All originating Goods not under the Negative List or excluded under Article 9.5 Article 9.5 provides for the exclusion of the following goods from receiving preferential treatment Chapter 22- Beverages, Spirits and Vinegar except products falling under HS Codes 2201, 2202 & 2209 Chapter 24 Tobacco and manufactured tobacco substitute Chapter 27 Mineral fuel, mineral oils and products of their distillation; bituminous mineral waxes and Cane sugar HS Code 1701 1100

  9. How to Determine Origin Qualifications Criteria Wholly Produced or Obtained in the Territory of a Party Sufficiently Worked in a Territory OR

  10. A. Wholly Produced or Obtained Goods Paragraph 1 of Annex I describes Wholly produced or obtained goods as goods that contain no materials imported from outside the MSGTA area 2 Categories: 1. Products that have been obtained in an unprocessed state 2. Products that are produced in the territory of an MSGTA from products exclusively derived from that country

  11. A. Wholly Produced or Obtained Goods Raw Products; or Not undergone any manufacturing processes; or Does not contain foreign parts or inputs Eg. Mineral products extracted from the soil or seabed of a Party Vegetable products Products obtained from fishing or hunting Goods produced exclusively from products of a Territory of an MSGTA2 Party with no foreign inputs

  12. B. Goods that are Sufficiently Worked Manufactured or processed goods that comprise materials that have not all been derived from MSGTA Parties, but processing activities have been undertaken in MSGTA Parties Change of Tariff Heading (CTH) Criteria is used to determine whether a good has been sufficiently worked

  13. Change of Tariff Heading (CTH) Criteria Products are considered to be sufficiently worked or undergone substantial transformation if in the course of processing there has been a change in the tariff heading of the HS Code in the last two (2) digits of the six (6) digit tariff heading; and The new tariff heading of the HS Code must be different from the headings of all the non-originating materials used in the manufacturing process Processes that merely facilitate preservation, shipment, storage, transportation or simple repackaging DO NOT qualify under products to be granted preferential treatment

  14. Private Sector Perspectives of MFTA General aversion: Benefits for some and not for all Lack of awareness of MSGTA privileges, requirements, forms, Trade Facilitation themes & reforms Lack of MSGTA trade data for business planning Unilateral policy shifts without consultations: duty & visa fee exemption vs. (unannounced) imposition Disconnects: Govt/Private Sector; Intra-Govt; Intra- Private Sector & Minister/Border Official 2017 Fiji/PNG Business Council AGM: 50% fall in trade due to food biosecurity issues between Fiji & PNG

  15. Moving Forward: MFTA A more comprehensive Free Trade Agreement Negotiations concluded in 2016 (MSGTA 34p vs. MFTA 287p) Focuses on further deepening integration and economic development through: Trade in Services liberalization Enhanced Labour Mobility provisions Cross-Border Investment Regional Value Content of 30% Safeguards (10yrs LDCs; 5yrs DCs) Customs, Trade Facilitation, SPS, TBT (standards, tech, reg, conformity) 2 Countries have signed (Fiji and Solomon Islands) Instruments of Ratification not yet deposited so NOT yet entered into force

  16. Moving Forward: TradeCom TradeCom II Programme Capacity Building Project (in preparation for MFTA) Dimension 1: Strengthening MSG Secretariat s Trade Division to effectively monitor intra-regional and international trade flows (Trade Statistics) Dimension 2: Identifying air and shipping connectivity bottlenecks and recommending suitable Trade Facilitation improvements Dimension 3: Improving access to trade-related tools and information Validation Workshop, Port Vila, 15 March 2018

  17. Vinaka vakalevu Tank tu mas Tank yu tru Oleti Thank you & Merci Henry Sanday Trade and Investment Division MSG Secretariat h.sanday@msg.int

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