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The World Trade

Organization and
Its Impact on
Indian Businesses
Submitted By:-

Harish K. Raman
Symbiosis Law School, Pune
(Constituent of Symbiosis International University)
BBA.LL.B(C)
P.R.N. No.-13010124268
E-Mail Address - harishkraman@gmail.com;
harish.raman@symlaw.ac.in

The World Trade Organization and Its Impact on


Indian Businesses
ABSTRACT :
The World Trade Organization (WTO) is a rule based multilateral trading organization which
facilitates trade between nations. Its main function is to act as a forum for international
cooperation on trade related policies and creation of codes of conduct for member
governments.1 At its center are the WTO agreements, negotiated and signed by the bulk of
the worlds trading nations and ratified in their parliaments. The WTO provides a forum for
negotiating agreements aimed at reducing obstacles to international trade and ensuring a level
playing field for all, thus supposedly contributing to economic growth and development. For
a structure which provides for countries to conduct negotiations and formalize trade
agreements; it does not specify or define outcomes. It seeks to globalize many countries and
help them sharpen their competitive edge and seek benefit from advanced technologies from
other nations. It has not only affected Indias international trade but also its internal economy.
This paper looks into this aspect and brings to light the many problems that businesses in
India could face. When we discuss Trade Policy and its relation with Free Trade Agreements,
makes us think will these policies affect businesses per se. How important are Enterprises for
the Indian economy, what if they come under threat, will it threaten other businesses? Should
Free Trade Agreements matter to Micro, Small and Medium Enterprises, will it make an
impact? How will Micro, Small and Medium Enterprises cope with this complete
liberalization of trade, will they be able to survive the onslaught or will they be wiped out.
Will it be an opportunity or a threat to businesses in India as we see them today? These
questions are too grave to be left unanswered, if left unquestioned these factors might make
the survival of these businesses difficult. This paper brings to light the answers to these
questions and explains their intricacies and moreover it also highlights certain basic problems
that the Micro, Small and Medium Enterprises face. It also looks into the chapters and
provisions of Free Trade Agreements and gives us a better perspective on the situation as a
whole.
Key Words: World Trade Organization; Free Trade Agreement; Micro, Small and Medium Enterprises;
Liberalization

From the Website of the World Trade Organization - http://www.wto.org/

The World Trade Organization and Its Impact on


Indian Businesses
The country that is more developed industrially only shows, to the less developed the
image of its own future. - Karl Marx
Introduction
The World Trade Organization (WTO) is the only Global International Organization dealing
with the rules of trade between nations. At its heart are the WTO agreements, negotiated and
signed by the bulk of the worlds trading nations and ratified in their parliaments. The goal is
to help producers of goods and services, exporters, and importers conduct their business.
The WTO which officially came into existence on 1st January 1995is a product of the
Marrakech Treaty signed on 15th April 1994. India was one of the 76 democracies which
became a member on its activation. The WTO intends to supervise and liberalize
international trade. For a structure that has been provided for countries to conduct
negotiations and formalize trade agreements; it does not specify or define outcomes. It has
not only affected Indias international trade but also its internal economy. It will seek to
globalize many countries and help them sharpen their competitive edge and seek benefit from
advanced technologies from other nations.
The policies framed by the World Trade Organization have had both Positive and Negative
impacts on the Indian Businesses.
Positive Impacts:

Increase In Export Earnings:


Increase in Export Earnings can be experienced through the growth in Merchandise
exports and growth in Service exports.
1. Growth In Merchandise Exports: The activation of The WTO has enhanced the
exports of the Developing Countries due to its impact on the tariff and non-tariff
trade barriers, reducing them as a result of its intervention. Indias merchandise
exports have increased from 32 Billion USD (1995) to 185 Billion USD (200809).

2. Growth In Service Exports: For countries like India the WTO established the
General Agreement on Trade In Services (GATS). Indias Service Exports
increased from 5 Billion USD (1995) to 102 Billion USD (2008-09).

Agricultural Exports: Curbing of trade barriers and domestic subsidies elevated the cost
of agricultural products in the international market.

Textile and Clothing: The dissolution of MFA (Multi-Fiber Arrangements) has largely
benefited the textiles sector as the quotas limiting its trade are now eradicated. As a
result developing countries like India can have unhindered export of textile and
clothing.

Foreign Direct Investment: In accordance with the agreement on TRIMs (Trade Related
Investment Measures) which lay down the rules that restrict the preference of domestic
firms and thus allow foreign firms to operate more easily in international markets, have
compelled the member nations to withdraw the restrictions on foreign investment.
Thereby harmonizing the dominance of local and foreign firms and companies. In 20089, the net foreign direct investment in India was 35 Billion US Dollars.

Negative Impacts:

TRIPS: Protection of intellectual property rights has been one of the major concerns
of the WTO.
As a member of the WTO, India has to comply with the TRIPs standards.
However, the agreement on TRIPs goes against the Indian patent act, 1970, in the
following ways:
1. Pharmaceutical Sector: Under the Indian Patent Act 1970, only process patents
are granted to chemical, drugs and medicines. Thus, a company can legally
manufacture once it has the respective product patent.
The companies could sell good quality products at low prices. But, according
to the TRIPs agreement, product patents will also be granted which will raise
the prices of the products as a result the product in now not within the reach of
the poor people, fortunately most drugs manufactured in India are off-patents
so people will be less affected.
2. Agriculture: The TRIPs agreement covers agriculture as well so the Indian
agriculture will also be affected considerably. Since a large majority of the
Indian Population depends on agriculture for their livelihood, these
developments will have serious consequences.

3. Micro-Organisms: Under the TRIPs patenting has been extended to microorganisms as well. This will largely benefit the MNCs but not developing
nations like India.

TRIMs: Under the agreement on TRIMs the developed nations are favored as there
are no rules in the agreement to formulate international trade practices by foreign
investors. Also, by complying with the agreement TRIMs we will contradict our
objective of self-reliant growth based on locally available technology and resources.

GATS: The General Agreement on Trade in Services (GATS) favors the developed
nations more than the developing nations. The service sector in India will now have to
compete with gigantic foreign firms. Moreover since foreign firms are allowed to
transfer their profits, dividends and royalties to their present companies they will offer
a foreign exchange burden to the Indian Economy.

LDC Exports: Many member nations have agreed to allow duty-free and quota-free
market access to all products originating from Least Developed Countries (LDC).
India will now have to face the problem of competition arising due to other cheap
LDC exports internationally. Even more troublesome is the fact that the LDC exports
will also come to Indian markets and therefore provide competition to the locally
produced goods.

The WTO provides a forum for negotiating agreements aimed at reducing obstacles to
international trade and ensuring a level playing field for all, thus contributing to economic
growth and development.
Trade Policy and how is it linked to Free Trade Agreements?
For an entrepreneur in the Micro, Small and Medium Enterprise sector (MSMEs), the recent
shift in Indias trade policy from Multilateral Trade Agreements to Bilateral Free Trade
Agreements (FTAs) could significantly impact their business. Trade policy is an important
tool used by the Indian government to determine not only what India should export and
import but also to determine who will be the beneficiaries of its trade with other countries.
Until about a decade ago, Indias international trade policy was largely governed by WTOs
multilateral trade framework which obliges its member countries to tariff reduction and
restrictive non-tariff barriers but does not eliminate tariffs altogether. In recent years
however, Indias trade policy is being determined by Free Trade Agreements.

A Free Trade Agreement aims at total elimination of all tariffs and contains many items that
are not part of the rules of the WTO such as changes to regulation in intellectual property,
investment, public procurement and competition. Free Trade Agreements are expected to
reduce Indias ability to choose policy in the interest of domestic enterprises.
How important are Enterprises for the Indian economy?
Micro, Small and Medium Enterprises are enterprises engaged in manufacturing and services
with investment in plant and machinery below Rs. 25 lakhs and Rs. 10 lakhs respectively.
There are about 28.5 million MSMEs in India providing employment to more than 60 million
people, mostly from the poor and disadvantaged sections of our society. Clearly, MSMEs
play an important role in Indias economic and social arena.
Why should Free Trade Agreements matter to Micro, Small and Medium Enterprises?
If India signs an FTA, Indias trade including trade with MSMEs will be subject to severe
trade related competition and conditionality emerging out of various chapter and provisions
of the FTA agreements. Out of 28.5 million MSMEs over 25 million are micro enterprises
which have extremely limited capacity to compete against the large enterprises from
developed countries.
The million dollar question then remains:
How will MSMEs cope with this complete liberalization of trade?
Will it be an opportunity or a threat?
MSMEs contribute about 45% to Indias industrial output and 40% to its exports. It is
therefore extremely important that any major trade policy-making in India should keep in
mind the trade prospects of MSMEs in both domestic and export markets.
What are the key features of the Free Trade Agreements?
The following are the key features of a Free Trade Agreement:

Elimination of tariff barriers (import and export duties) on 85 to 90% of goods.

The trading partners must be treated equally even if they are not equal in terms of
socio-economic development indictors.

Partner countries cannot have discriminating trade policy instruments such as taxes,
subsidies, regulations, or laws) favouring their own companies over foreign
companies.

They also include chapters covering services, investments, public procurement and
competition policy.

All these features invariably influence each other and the aggregate impact on the industries
could be much deeper.
Under FTAs, markets are supposed to be fully opened up and foreigners and locals would be
treated equally. Unlike in the WTO, under FTAs, developing countries will not be technically
entitled to concessions given under the special and differential treatment and FTA partners
are supposed to engage in fully reciprocal trade, i.e. give and take of equal magnitude.
What type of FTAs is India negotiating?
In the past, India signed FTAs which covered trade only in goods for e.g. - the FTA with Sri
Lanka. However, in recent years, India is signing and negotiating FTAs which are more
comprehensive treaties covering trade not only in goods but also in services, as well as
investment, Trade Related Aspects of Intellectual Property Rights plus intellectual property
rights, and even public procurement and competition policy. FTAs with Japan, Malaysia, and
South Korea for example are of this variety. Those currently under negotiation with the
European Union and European Free Trade Association are also comprehensive.
Further, the Indian government has already begun high level talks envisaging FTAs with New
Zealand, Australia and Canada and is perhaps envisaging FTAs with the USA.
What are the key chapters in the FTAs and what are the provisions in each chapter?
Under FTAs, the key trade issues can be classified into two categories:

Good Trade Issues

Non-Goods Trade Issues.

A brief explanation of the issues under Goods Trade Issues and Non-goods Trade Issues in
FTAs and their provisions and how these will significantly affect Indian trade and industries,
especially the MSME sector has been looked upon.
A brief explanation of the six issues under Goods Trade Import Duties:
Duty, tariff or tax that is imposed by the government on the goods entering the border of a
nation is called import duty. The government uses import duty as a policy instrument to
protect and promote its indigenous industry producing substitutes of imported goods.
The impact on MSMEs:
Increased import competition due to tariff elimination would be a big threat for
MSMEs. According to a survey, 71% of the surveyed MSMEs found that their sales
due to imports declined by 26-50 percent. Even worse, under FTAs, there are hardly
any safeguards available to protect your economy against the import surge.
Export Taxes:
Governments levy export taxes on exports of certain goods, especially raw materials to
ensure cheaper raw material supply to industries which are growing and important for the
economy. India also imposes export taxes on a number of other raw materials to help ensure
that these resources are available to domestic industry at cheaper cost.
The impact on MSMEs:
If India is forced to remove existing export taxes as a FTA requirement on a number
of products including raw leather and wood, MSMEs could face severe shortage of
raw material and they will no longer be able to trade competitively. Livelihoods of
millions of people dependent on these MSMEs will be adversely affected
Non-Tariff Measures/Barriers:
All measures other than normal tariffs, namely trade procedures, regulations, standards,
licensing systems etc. are called Non-Tariff Measures (NTMs). Those NTMs that cannot be
justified under WTO law are generally termed as Non-Tariff Barriers (NTBs). MSMEs
generally find it extremely difficult to meet all these high standards because meeting these

quality standards requires huge investment. Also, compliance requirement and procedures are
often very complicated, time consuming and costly.
The impact on MSMEs:
By agreeing to stringent NTM/NTBs in FTAs, it would become compulsory for
MSME exporters to meet high health, safety, labour and environment standards for
exports to developed country markets. Majority of MSMEs in India neither have the
capacity nor the facilities to match the high standards of developed countries nor
cannot hope to gain from FTAs also because these do not ensure lower standards or
easier processes of quality certification. Consequently, MSMEs exports may face very
high rate of rejection in importing countries.
Rules of Origin (ROO):
Essentially, the Rules of Origin mean that for a product to be exported to a FTA partner
country, the product must have enough local content, as specified by the ROO to qualify for
preferential duty (zero or lower than the general duty).
The impact on MSMEs:
The Indian MSME often want to import cheap inputs as intermediate goods from
neighbouring countries like China and MSME products often have huge import
content. Due to stricter ROO, MSMEs will not be able to import at cheaper rates
these intermediate goods and their products will no longer qualify for exports and
additional market access.
Moreover, As ROO specifications vary from country to country, it will be difficult
for micro and small enterprises to calculate the local content and to meet the
cumbersome procedural requirement in obtaining the ROO certificate.
Anti-Concentration Clause:
There are certain industries which are sensitive such as where MSMEs are dominant and
these would benefit from protection through a sensitive list where there is no obligation to cut
tariffs. However, an Anti-Concentration Clause allows only some products in the sensitive
list and not the whole sector. As a consequence, India would lose its flexibility to protect
whole sectors and FTA partners would gain market access to all sectors.

The impact on MSMEs:


The Anti-Concentration Clause restricts the policy space of governments. The Clause
may be problematic for the auto industry, textile & garments and fisheries. Most of
these industries are in the MSME sector. Also, it could be a problem for gender
sensitive products i.e. products where women workers are employed in large
numbers. Womens employment opportunities in MSMEs will be severely affected if
such a product line under food processing industry is left out of the sensitive list.
Sectorals (Zero for Zero reduction):
Under the WTOs proposal on Sectorals, trading partners have to reduce import duty to zero
in some sectors with immediate effect on a voluntary basis.
The impact on MSMEs:
Due to inclusion of the Sectorals clause in FTAs, import duty in both the partner
countries may become zero with immediate effect in some important and sensitive
industry segments like textiles.
In FTAs, Under the Non-goods Trade Issues, there are four key issues:
Intellectual Property Rights Policy:
Under WTOs Trade Related Intellectual Property Rights (TRIPS), member countries are
obliged to adhere to minimum harmonized standards for protection of IPRs such as patents,
geographical indications (GIs), trademark, industrial design rights, copyright etc. TRIPS
however provides some flexibility to developing countries in special circumstances. FTAs
deny these flexibilities and try to impose rules making the IPR regime much stricter than
TRIPS.
The impact on MSMEs:
For small enterprises in particular, the stricter IPR regime will create some major
problems. This is probably because most MSMEs lack the resources and capability
to do research and development and acquire advanced technologies. Smaller
producers will be often pushed out by bigger companies, especially multinationals,
which can get IP rights such as patents much more easily as they have huge

resources to spend on R&D and patent applications. It also threatens products which
are based on traditional knowledge such as herbal medicines.
Investment Policy:
A countrys investment policy determines to a large extent the nature, magnitude and pace of
investment, along with ownership pattern of domestic enterprises. Because of the obvious
sensitivity of this issue, full opening up for foreign direct investments in all segments of the
economy was kept out of the WTO. However, investment has been included in the FTAs.
According to the investment chapter in FTAs, foreign investors will be treated equal to
domestic investors. Also, foreign investors can enter and operate largely without constraints
and conditions they were subjected to until now. In addition, foreign investors can sue
governments directly if their rights or profits are infringed upon. Under FTAs, foreign
investors cannot be asked to have Indian board members, invest a minimum amount, have
local labour, or for technology transfer either.
The impact on MSMEs:
In most industries in India, foreign direct investment is already allowed (given
certain restrictions or caps) so additional FDI may not necessarily be forthcoming
after opening up of Investment in FTAs. But, after an FTA, wholly foreign owned
enterprises may be set up in many more areas without any performance requirements
and it could also lead to mergers and acquisitions in certain MSME segments. Small
entrepreneurs and small business could be taken over by the large enterprises. In the
pharmaceutical industry, for example, such acquisitions are already taking place.
Public Procurement:
Public procurement is the procurement of goods and services on behalf of a public authority,
such as a government agency. India uses government procurement as a development policy
tool to address economic and social inequalities by giving certain preferences to vulnerable
groups such as MSMEs, womens groups, village enterprises, minorities, backward
communities.
The impact on MSMEs:

If the government gives market access to Indias public procurement market, foreign
companies will have a legal right to be treated equally with domestic companies
under the national treatment clause when they apply for public procurement
contracts. If this happens, Indian MSMEs which supply many products to the
government such as leather, plastic and metal products will have to compete with
foreign companies. This is likely to result in MSMEs losing out in terms of market
share for their products. India is not keen to include its government purchase (GP)
market under FTAs especially when it is not likely to get much access into developed
country procurement markets where a host of NTBs block foreign suppliers. Even
though the Indian government may not have agreed to directly give away its public
procurement market to foreign entities, indirect pressure of the FTA regime is
clearly evident. For example, in the pharmaceutical segment, the minimum turnover
required to be considered as a supplier is now 25 crores in some states and at the
Centre. This has been automatically eliminating MSMEs from this segment of
government purchase.
Competition Policy:
Competition Policy was also kept out of the WTO because of its critical role from a
development perspective. However, developed countries now demand that competition policy
should be included in FTAs and companies should be given equal treatment regardless of
their nationality. Until now, India has not made major concessions under this chapter.
The impact on MSMEs:
If Competition Policy clause in is included in FTAs and the Indian Government
agrees to adhere to a high and enforceable standard of competition, hence,
Government of India cannot discriminate between foreign enterprise and Indian
enterprises , and it would be extremely difficult for her to pursue some of her
preferential policies such as in public procurement to Indian MSMEs. Allowing free
competition often allows smaller enterprises to be eaten up by larger ones.
Competition Policy often prevents state aid and limits the activities of state trading
corporations. Competition policy in FTAs will lead to reduced policy choices for the
Indian government. The Indian government may not be able to treat Indian MSMEs

preferentially over bigger and foreign industries and also may not be able to offer
development schemes for the Indian MSMEs.
The Goods Trade and Non-Goods Trade issues contained in FTAs significantly impact
Indias trade prospects, and therefore MSMEs economic future. MSMEs, and not only those
which are engaged in exports and imports, but even those which trade only domestically need
to be aware and alert of the policy changes in international trade rules that the Indian
government is signing up to.
Conclusion
WTO is reality, which has come to stay. We have to face the emerging challenges and grasp
the opportunities.
The World Trade Report 2007 has traced sixty years of multilateral trade co-operation,
starting with the birth of the GATT on 1 January, 1948. The world has changed a great deal
over these six decades and so has the multilateral trading system. Globalization has brought
economic interaction among nations closer than ever before, thanks in no small part to
revolutions in information and transport technology and growing openness in government
policy. The trend towards increased inter-dependency has rendered international economic
co-operation more complex and multi-faceted. Co-operation among nations has become
harder to manage and more influential in shaping the circumstances in which people live. The
subject matter covered by the system has expanded significantly and many more players are
involved in shaping the system. The 23 original signatories of the GATT have now become
the 151 Members of the WTO.
Still, the landscape for international trade talks looks much different with a uniform deal than
without one. There need to be a system of checks and balances in accordance with aspects
affecting trade. The completion of a WTO agreement reflects a broad appetite for trade
integration and reduces the risk that regional deals degenerate into a world of Balkanized
trade. Not before time that countries accept the fact that just mere exploitation is not the route
for the betterment of humanity and the world as a whole has to integrate and form a
marketplace where every country gets opportunities and protection.

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