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Overview of SAPTA Agreement

The SAPTA agreement provided for preferential trade arrangements among SAARC countries including Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka by reducing tariffs. It was signed in 1993 with the goal of transitioning to a South Asian Free Trade Area (SAFTA) and eventually a customs union. SAPTA had limited product coverage and tariff preferences decreased over time. SAFTA, which superseded SAPTA, aims to eliminate barriers to trade and facilitate cross-border movement of goods in South Asia through tariff reductions and harmonized rules of origin.

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0% found this document useful (0 votes)
764 views4 pages

Overview of SAPTA Agreement

The SAPTA agreement provided for preferential trade arrangements among SAARC countries including Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka by reducing tariffs. It was signed in 1993 with the goal of transitioning to a South Asian Free Trade Area (SAFTA) and eventually a customs union. SAPTA had limited product coverage and tariff preferences decreased over time. SAFTA, which superseded SAPTA, aims to eliminate barriers to trade and facilitate cross-border movement of goods in South Asia through tariff reductions and harmonized rules of origin.

Uploaded by

Nikhil Anand
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© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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SAPTA ( South Asian preferential Trade Agreement)

The Agreement on SAARC Preferential Trading Arrangement (SAPTA) which provides for
establishment of a Preferential Trading Area among the seven member states of the SAARC,
namely Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka was signed in
Dhaka in April 1993. The idea of liberalizing trade among SAARC countries was first
Proposed by Sri Lanka at the sixth Summit of the South Asian Association for Regional Co-
operation (SAARC) held in Colombo in December 1991. It was agreed that SAPTA is a
stepping stone to higher levels of trade liberalization and economic co-operation among the
SAARC member countries.
Four rounds of negotiations were held under SAPTA. SAPTA was envisaged primarily as the
first step towards the transition to a South Asian Free Trade Area (SAFTA) leading
subsequently towards a Customs Union. Accordingly SAPTA was superseded with the
implementation of SAFTA. Product coverage was limited under SAPTA and usage of tariff
preferences under the SAPTA has been gradually decreasing.

Objective of Treaty:-
The main objective of this agreement is to promote and sustain mutual trade and the
economic cooperation among the Contracting States, through exchanging concessions in
accordance with this Agreement.

Principles of this Treaty


1. It shall be based and applied on the principles of overall reciprocity and mutuality of
advantages in such a way as to benefit equitably all Contracting States, taking into
account their respective levels of economic and industrial development, the pattern of
their external trade, trade and tariff policies and systems.
2. Step by step negotiation will take place to under this agreement to further the purpose
of this agreement.
3. The needs of Least developed countries will be recognised and their measure will be
agreed by contracting states.
4. It shall include all products, manufactures and commodities in their raw, semi-
processed and processed forms. It is not applicable to services.

Subject- Matter of agreement


According to article – 4 of SAPTA which provides that the arrangement be made upon:-
a) tariffs;
b) para tariffs; (Border charges other than tariffs which levied upon foreign trade and
have tariff like effect which are solely levied upon import)
c) nontariff measures;
d) direct trade measures (means measures conducive to promoting mutual trade of
Contracting States such as long and medium term contracts containing import and
supply commitments in respect of specific products and others)
Approaches of negotiation
The Contracting States may conduct their negotiations for trade liberalisation in accordance
with any or a combination of the following approaches and procedures:
A. Product by product basis;
B. Across the board tariff reductions;
C. Sectoral basis;
D. Direct trade measures

Important aspects of SAPTA


Rules of origin
Rules of origin is the criteria used for ascertaining the origin of a product. The rules are
important in the context of ensuring that there is substantial transformation happening in the
SAPTA country of export and the chances of diversion of 3rd party products is minimal.
To qualify for preference, products must:
 Fall within a description of products eligible for preference in the list of concessions of a
SAPTA country of destination;
 Comply with SAPTA rules of origin. Comply with the consignment conditions specified by
the SAPTA rules of origin.

Originating products
The key criteria for ensuring that products are originating in a country are
i. Wholly obtained: this occurs in the case where all products and their inputs are
originating in the exporting country.
ii. Substantial transformation: for goods not wholly obtained, these criteria are
applicable and could include various parameters like change in tariff classification
(CTC), value addition, technical specifications etc.

SOUTH ASIAN FREE TRADE AREA (SAFTA)


The Agreement on SAARC Preferential Trading Arrangement (SAPTA) was signed on April
11, 1993, and entered into force on December 7, 1995, with the desire of the Member States
of SAARC :India ,Pakistan , Nepal, Bangladesh, Bhutan, Afghanistan and the Maldives) to
promote and sustain mutual trade and economic cooperation within the SAARC region
through the exchange of concessions. The establishment of an Inter-Governmental Group
(IGG) to formulate an agreement to establish a SAPTA by 1997 was approved in the Sixth
Summit of SAARC held in Colombo in December [Link] SAFTA is an agreement reached
on 6th January 2004, at the SAARC summit in Islamabad
The basic principles underlying SAFTA are as under;
 Overall reciprocity and mutuality of advantages so as to benefit equitably all
Contracting States, taking into account their respective level of economic and
industrial development, the pattern of their external trade, and trade and tariff policies
and systems;
 Negotiation of tariff reform step by step, improved and extended in successive stages
through periodic reviews;
 Recognition of the special needs of the Least Developed Contracting States and
agreement on concrete preferential measures in their favour;
 The Contracting States affirm their existing rights and obligations with respect to each
other under Marrakesh Agreement Establishing the World Trade Organization and
other Treaties/Agreements to which such Contracting States are signatories.
OBJECTIVE OF THE AGREEMENT
 The purpose of SAFTA is to promote and enhance mutual trade and economic
cooperation between contracting state.
 Eliminating barriers to trade and facilitating cross-border movement of goods between
the territories of contracting states.
 To promote fair competition in free trade area and ensuring equitable benefits of
member states, in consideration of their economic condition .
 And at last, to create effective mechanism to implement the provision of the
agreement and for resolutions of disputes.
In this agreement, the contracting states will grant national treatment to other member states
in accordance with provision of GATT in that respect.
INSTRUMENTS(Article-4)
Following are the instrument involved in SAFTA:
 Trade Liberalization Programme.
 Rule of Origin,
 Institutional Arrangements
 Consultations and Dispute Settlement Procedures
 Safeguard Measures
 Any other instrument that may be agreed upon.

Trade Liberalization Programme


According to the Trade Liberalization Programme Contracting countries must follow the
following tariff reduction schedule. There should be a fall to 20% tariff from the existing
tariff by the Non Least Developing Countries and 30% reduction from the existing tariff by
the Least Developing Countries. But trade liberalization scheme is not to be applied for the
sensitive list because this list is to be negotiated among the contracting countries and then to
be traded. Sensitive list will involve common agreement among the contracting countries
favoring the least developed contracting countries. SAFTA Ministerial Council (SMC) will be
participating to review the sensitive list in every four years with a view of reducing the list.

Rules of origin
The SAFTA agreement has specific requirements to ensure that goods exported from member
countries are produced, grown or extracted from the member countries. These requirements
are called Rules of Origin. Goods produced in third countries, for example, Iran or Japan
cannot be repacked and sold to India as goods from Afghanistan.
Institutional Arrangements
The contracting states hereby establish the SAFTA Ministerial Council (SMC). The SMC
shall be the highest decision making body of SAFTA and shall be responsible for the
administration and implementation of this agreement and all decisions and arrangements
made within its legal framework. The SMC shall consist of the Minister of Commerce /Trade
of the contracting states.
Dispute Settlement Procedure
Any disputes that may arise among the contracting countries regarding the interpretation and
application of the provisions of this agreement on any instrument adopted within its
framework concerning the rights and obligations of the contracting states will be amicably
settled among the parties concerned through a process initiated by a request for bilateral
consultation.
Safeguard Measures
If any product, which is the subject matter of a concession under this agreement is imported
to the territory of a contracting state in such a manner or in such quantities as to cause or
threaten to cause serious injury to producers of like or directly competitive products in the
importing contracting country, the importing contracting country may, pursuant to an
investigation by the competent authority of that contracting country, conducted in accordance
with the provisions set out in the article ,suspend temporarily the concession granted under
the provisions of the Agreement.

Common questions

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SAPTA evolved into SAFTA as part of a broader goal of increasing economic cooperation and trade liberalization among South Asian countries. The key difference is in the scope and ambition: while SAPTA primarily focused on preferential trade through concessions on a limited number of products, SAFTA aimed for a comprehensive free trade area, covering a wider range of goods and emphasizing gradual tariff reductions across the board. Additionally, SAFTA introduced structured mechanisms like the SAFTA Ministerial Council for administering and reviewing the agreement, which were not as pronounced in SAPTA .

SAFTA aims to ensure fair competition among its member states by creating a level playing field in the free trade area, while considering their varying economic statuses. The agreement facilitates cross-border movement of goods and eliminates trade barriers. It entails specific rules like national treatment in line with GATT provisions to ensure non-discrimination, and periodic reviews by the SAFTA Ministerial Council to monitor and adjust sensitive lists. Additionally, differential treatment of less developed members through preferential measures promotes equitable distribution of benefits .

The 'rules of origin' under SAPTA are designed to ensure that products eligible for preferential treatment genuinely originate from a member country, preventing transshipment of third-party products under the guise of SAPTA preferences. This is achieved through criteria such as products being wholly obtained or undergoing substantial transformation in the exporting country, which could involve changes in tariff classification or meeting specific value addition requirements. These measures aim to guarantee substantial transformation and limit third-party product diversion .

SAPTA is considered a stepping stone towards greater economic cooperation in South Asia because it initiated structured trade liberalization among SAARC member states, fostering an environment for further integration. The strategic goals outlined in this process include transitioning from preferential trade to free trade, eventually leading to a Customs Union. By progressively liberalizing trade barriers and building a foundation of trust and economic partnership, SAPTA set the stage for region-wide economic integration under SAFTA .

The SAFTA agreement is based on principles that aim to benefit all contracting states equitably, taking into consideration their varying levels of economic and industrial development. It emphasizes overall reciprocity and mutuality of advantages. Tariff reforms are to be negotiated step by step, progressively improved, and extended in successive stages through periodic reviews. The agreement also recognizes the special needs of the least developed countries, proposing concrete preferential measures in their favor to ensure balanced regional development .

The concept of 'sensitive lists' under SAFTA allows member states to protect certain industries from full trade liberalization by listing products that are exempt from tariff reductions. This affects trade by potentially slowing down the pace of market integration for specific sectors. However, it also provides space for developing industries in less developed countries to mature before facing full competition from more industrialized member states. The sensitive lists must be periodically reviewed by the SAFTA Ministerial Council, balancing protection with gradual market opening to promote equitable development .

The primary objectives of SAPTA were to promote and sustain mutual trade and economic cooperation among the SAARC member states. This was to be achieved through the exchange of concessions to provide mutual benefits to all contracting states, taking into account their levels of economic and industrial development as well as their trade and tariff policies. SAPTA was also intended as a preliminary step towards greater trade liberalization, ultimately leading to a South Asian Free Trade Area (SAFTA) and potentially a customs union .

Under SAFTA, 'safeguard measures' are designed to protect domestic industries when a surge in imports under preferential conditions causes or threatens to cause significant harm to local producers. These measures permit an importing country to temporarily suspend concessions granted under the agreement after an investigation by the competent authority. This allows member states to handle sudden and harmful changes in the import landscape, thus protecting vulnerable industries while supporting the overall goal of regional trade liberalization .

Challenges in implementing the 'Trade Liberalization Programme' under SAFTA may include disparities in economic development among member countries, resistance from local industries fearing competition, and negotiation complexities over the sensitive lists. Member countries can address these challenges by fostering transparent dialogue, ensuring structured engagement in SAFTA's governance bodies like the SAFTA Ministerial Council, and providing necessary technical and financial support to less developed economies. In addition, phased implementation with built-in safeguards can help mitigate negative impacts while achieving gradual integration .

The SAFTA agreement established specific mechanisms for resolving trade disputes among member states, primarily through the process of bilateral consultations as the initial step. If a conflict arises regarding the interpretation or application of the agreement, the parties involved are encouraged to settle the issue amicably through consultations. The SAFTA Ministerial Council (SMC) plays a significant role in providing a platform for addressing disputes, as it is the highest decision-making body responsible for the administration and implementation of the agreement .

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