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An Analysis on the Services Trade Agreements of the TPP Members economic opening, multilateral negotiations

Author Jong Duk Kim, Jungu Kang, Jumi Lee, and Junhyun Eom Series 14-07 Language Korean Date 2014.12.30

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This report intends to investigate the level of liberalization in services sectors of countries  participating in the TPP(Trans-Pacific Partnership) by analyzing revised offers in the WTO DDA and regional trade agreements they have agreed upon, and then suggest possible strategies for Korea regarding the ‘schedule of commitments’ negotiations in the services area of the TPP.
In order to achieve the aims stated above, the following four aspects of services agreements are investigated in this report: TPP-relevant issues and topics in services provisions, revised offers to WTO in the Doha Development Agenda, reservations list of TPP members’ FTAs after their DDA revised offers, and services trade restrictiveness index published by the OECD. The first chapter  briefly overview the overall report. The second chapter introduces and examines the major issues of provisions in recent services negotiations, especially ones frequently raised after GATS, inter alia, most favored nations, national treatment, local presence, market access and progress requirement. The third chapter analyzes revised offers of TPP members submitted for the Doha Development Agenda negotiation in 2005, which indicate the general level of liberalization in services sectors of the TPP members. The analyses of revised offers elicit useful insights showing that commitments in national treatment are more liberalized than those in market access, commercial presence is generally the more preferred method of liberalization than cross-border trade, and the level of liberalization of Korea ranks around the middle among TPP members. The fourth chapter investigates FTA services agreements of major TPP members (Australia, Canada, Japan, and the United States), focusing especially on their reservations lists offered following the negative list approach. These countries have already liberalized services markets at a high level in the WTO DDA (or NAFTA in the case of the U.S.) and hence have not shown much progress in those sectors already recognized in subsequent FTAs. However, attention needs to be paid to their positions regarding the liberalization in ‘new services’. The United States have reserved the rights to adopt measures specified only for market access in new services and hence remain relatively flexible to further liberalization. On the other hand, Japan placed the ‘new services’ in Annex II and hence maintained their rights to adopt new discriminatory measures, in attempts to delay further liberalization in newly emerging services. The fifth chapter investigates the level of services liberalization in a more synthetic and holistic fashion by analyzing services trade restrictiveness index (STRI) published by the OECD in 2014. The results show that the restrictions in market access have remained the single largest obstacle to services trade. Especially, sectors showing low levels of liberalization tends to have more market access restrictions. In addition, restrictions on the movement of natural persons tend to appear more in professional services. Finally, based on those analyses, the last chapter suggests sectoral negotiation strategies and policy implications. In professional services, Korea still remains relatively restrictive on mode 4 (the movement of natural persons) issues than others; however, since the United States who leads the TPP negotiation has not been active in this matter, Korea is not expected to face pressures for further liberalization. Regarding courier services, Korea needs to clarify the scope of universal/monopoly postal services. In telecommunication, it is expected to properly respond to new provisions such as ‘net neutrality’ or 'flow of information.' Also in audio-visual services, the Korean government needs to think about the domestic responses regarding market access in newly emerging services through TPP agreement.

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