0 Contents Executive Summary ..................................................................................................................................... 3 1. Introduction ......................................................................................................................................... 6 2. Trade in Goods ................................................................................................................................... 7 2.1 Bilateral Trade between Australia and China .............................................................................. 7 2.2 South Australian Trade with China .............................................................................................. 8 2.2.1 Disaggregated Analysis of South Australian Trade with China ........................................... 8 2.2.2 South Australia’s trade and comparative advantage ........................................................... 9 2.2.2.1 South Australia’s Revealed Comparative Advantage in comparison to other States and Territories .......................................................................................................................................... 12 3 2.2.2.2 Disaggregated Analysis of Key Non-agricultural Goods ................................................... 14 2.2.2.3 Disaggregated Analysis of Key Agricultural Products ....................................................... 18 2.2.2.4 Possible Impacts of ChAFTA Commitments on Agriculture for South Australia ............... 20 2.2.2.5 Wine Sector ....................................................................................................................... 22 Trade in Services and Investment .................................................................................................... 23 3.1 Restrictiveness of services trade sectors in China – An overview ............................................ 23 3.1.1 Service Trade Restrictiveness Index – OECD................................................................... 24 3.1.2 Service Trade Restrictiveness Index – World Bank .......................................................... 27 3.2 Services Sector Coverage in ChAFTA: China’s Commitments to Australia in Comparison to Other Main Liberalizing Trade Agreements .......................................................................................... 31 3.2.1 Services Liberalization ....................................................................................................... 31 3.2.2 Service Sectors Included in the Agreements..................................................................... 31 3.3 Detailed Analysis of Service Provisions under ChAFTA with focus on SA sectors of interest .. 36 3.3.1 Mining Services Sector ...................................................................................................... 36 3.3.2 Agriculture (Wine) .............................................................................................................. 37 3.3.3 Audiovisual Services Sector .............................................................................................. 38 3.3.4 Education Services Sector................................................................................................. 40 3.3.5 Financial Services Sector .................................................................................................. 43 3.3.6 Health Related and Social Services (services for the aged) ............................................. 52 3.3.7 Tourism and Travel Related Services Sector .................................................................... 53 3.4 Foreign Direct Investment ......................................................................................................... 56 3.4.1 FDI in China: Foreign Direct Investments: China’s Foreign Investment Industries Guidance Catalogue .......................................................................................................................................... 56 3.4.2 3.5 FDI in ChAFTA: Chapter 9 Investment .............................................................................. 58 Chinese Free Trade Zones ........................................................................................................ 61 3.5.1 Shanghai Free Trade Zone (SFTZ) ................................................................................... 61 3.6 Labour Mobility .......................................................................................................................... 68 3.7 Conclusion ................................................................................................................................. 69 1 APPENDIX 1: GOODS .............................................................................................................................. 71 The Gravity Model ................................................................................................................................. 72 Revealed comparative advantage index for Australian States and Territories in 2014 ........................ 88 SA exports of agricultural products to China in 2014 (AUD) ................................................................. 92 Agriculture provisions under ChAFTA in comparison to other FTAs .................................................... 96 ChAFTA’s Impact on Agribusiness: A case study of wine .................................................................. 104 APPENDIX 2: SERVICES & INVESTMENTS ......................................................................................... 137 A. Service Sectors Included on the Five Compared Trade Agreement and the Comparison of Service Sector Differences with ChAFTA in regards to China’s Commitments .................................. 138 China-Australia Free Trade Agreement (ChAFTA) ........................................................................ 138 New Zealand – China Free Trade Agreement ................................................................................ 142 Sector differences between ChAFTA and ChNZFTA – China’s schedule ..................................... 145 ASEAN-China Free Trade Area .......................................................................................................... 146 Trade in Services Agreement (TIS Agreement) ............................................................................. 146 Sector differences between ChAFTA and ASEAN-China TISA – China’s schedule ...................... 146 China-South Korea Free Trade Agreement (ChKFTA) ....................................................................... 149 Sector differences between ChAFTA and ChKFTA China’s schedule ........................................... 152 The Mainland and Hong Kong Closer Economic Partnership Arrangement....................................... 153 Mainland’s liberalization measures in the service sectors .............................................................. 153 Sector differences between ChAFTA and ChHKG CEPA – China’s schedule .............................. 160 B. Commitments on Foreign Direct Investment Set on the Other Compared Agreements ......... 162 ChAFTA - Investment (Chapter9) ................................................................................................... 162 ChKFTA - Investment (Chapter 12) ................................................................................................ 164 ChNZFTA Investment (Chapter 11) ................................................................................................ 165 ASEAN-Ch TISA Investment .......................................................................................................... 166 2 Executive Summary The China-Australia Free Trade Agreement (ChAFTA) is a comprehensive agreement that includes 17 Chapters over 161 pages that set out the rules by which liberalised trade will be facilitated between Australia and China, six side letters, two related Memoranda of Understanding (MoUs) and approximately 1000 pages of specific trade commitments from both Australia and China. As China is the world’s second largest economy and still one of the fastest growing, and is Australia’s largest trading partner with nearly $160 billion in two-way trade in 2013-14, this agreement represents the largest in terms of potential value for Australia of any of Australia’s current bilateral trade agreements. Further, as one of only a few bilateral trade agreements that China has concluded with developed countries, ChAFTA not only liberalises trade with a huge partner, but provides early access for Australia to the Chinese market, while equalising imbalances that may have existed with China’s other FTA partners. The provisions in ChAFTA cover not only goods, services and investment, but also procedural and regulatory controls, including such areas as Sanitary and Phytosanitary Measures (SPS), Technical Barriers to Trade (TBT), Rules of Origin (ROO) and Intellectual Property (IP). Further, ChAFTA also contains administrative provisions crucial to the implementation and ongoing exploitation of the agreement, such as institutional provisions (setting up an FTA Joint Commission) and Dispute Settlement. Together, all of these provisions are crafted to work together to fully facilitate the operation of ChAFTA, and allow stakeholders to access and take advantage of the benefits offered under the agreement. China is also South Australia’s largest trading partner, and ChAFTA has the potential to have a significant positive impact on the South Australian economy. In goods, services and investment, whether in established two-way markets or by creating new opportunities for Australian and Chinese businesses and investors, ChAFTA provides unprecedented, broad-based opportunities across many sectors, including: Wine Meat and edible offal Aquaculture products Copper Lead Iron Ore Education services Financial Services Health and Social Services Creative Industries Tourism and related services Trade in Goods South Australia has exhibited positive economic impact from the implementation of previous FTAs, particularly in regard to manufactured goods, but also in certain agricultural areas as well. What ChAFTA provides is the potential to augment areas where South Australia currently enjoys a comparative advantage and can potentially increase important exports, as well as highlight areas where comparative advantage has been created or increased where export opportunities to China have been limited to date but have real potential for growth. In quantitative terms, all goods exported from South Australia to China in 2014 were exported under specific tariff lines, with 83% of those tariff lines subject to Chinese tariffs (having a tariff rate higher than 0). Once ChAFTA is fully implemented, that percentage will drop to 5%, and that does not take into account any products that may be exported under tariff lines that were not utilised in 2014 (potentially including new export opportunities). In qualitative terms, a drop in tariffs does not automatically equate to an increase in exports. It is important to identify products and sectors where the trade liberalisation measures instituted under ChAFTA can lead to a real and positive effect on exports, and where more work is necessary to remove non-tariff barriers to market entry. 3 Horticulture Certain tariffs for horticulture products will reduce to zero under ChAFTA. However, China has traditionally had very closed markets to products such as stone fruits (peaches, cherries, etc.). Traditionally, the barriers faced have been not only in tariffs, but in non-tariff measures such as sanitary and phytosanitary (SPS) regulation. Accordingly, although markets exist, South Australia to date has seen no significant exports to China. The South Australian Government can petition the Commonwealth Government to engage their Chinese counterparts under ChAFTA to seek the loosening of these non-tariff measures, in order to gain access to the Chinese market for South Australian horticulture products such as stone fruits. If this is not achieved, the continued operation of non-tariff measures to block imports of stone fruit and other products will constitute a nullification and impairment of the benefit of the tariff reduction, and no real benefit from the removal of tariffs will be achieved under ChAFTA. Source: Horticulture Exports Australia (HEA) For example concerning wine, we have identified that full implementation of ChAFTA, including a reduction in Chinese tariffs to 0% in five years, would equate to an additional 10 megalitres of Australian wine exported to China by 2018, offsetting what would have been a 1megalire loss to NZ and Chile, pursuant to implementation of their respective free trade agreements with China. While Australia is already China’s second largest wine supplier, and South Australia is the largest supplier to China in Australia Supplying two-thirds of Australian wine exports to China), this implies that not only will South Australia’s comparative advantage be increased against other regions exporting wine to China, but also that South Australia has the potential to maintain its strong position against its domestic counterparts and capture a proportional measure of the expected increase in exports. Further, as the trend in exports is towards premium wine, the 10 megalitres translates to approximately $135million for Australian producers, and approximately $90million for South Australian producers. While meat is a large South Australian export to China, in a subcategory that may not get public attention, guts, bladders and stomachs, China accounts for almost 93% of all South Australian exports, equal to $14.2 million in 2014. This sector currently incurs a 19.3% tariff, which will be reduced to 0% upon full implementation of ChAFTA, indicating an area where we can grow our only substantial export market for these meat by-products. In the mining sector, aside from products regularly discussed in public forums, South Australia is a world leading exporter of lead (holding nearly 10% of the world market), with only 1.5% of our exports already going to China (with much more going to another potential FTA trading partner, India). The significant drop in Chinese tariffs on lead can strengthen South Australia’s comparative advantage, and grow our exports to China as well as our share of the world market. With primary products such as those listed above, and specifically including mining, meat and wine currently constituting the largest export sectors from South Australia to China, South Australia needs to focus on these areas as having a good potential for continued growth. However, the future may evolve around what are currently minor or even non-existent exports that can grow and become important economic drivers under ChAFTA. In this category might be included a broader range of agricultural goods, beyond wine, where South Australia has strong capabilities that have not translated into significant exports to China. Here, tariff reductions, in the context of the comprehensive framework of ChAFTA (including regulatory liberalisation aimed at addressing behind-the-border issues), can potentially provide opportunities for market access and growth for South Australian agricultural exports. Live Lobsters Until now, South Australian live lobster exports, for which there is demand in China, have mainly travelled via Hong Kong, and often entered China indirectly via grey market channels. ChAFTA opens the aquaculture markets in China, and will not only facilitate direct imports to serve local markets, but can also open a broader market to legitimate trade, potentially simultaneously raising demand and streamlining market access for South Australian live lobsters. Source: Focus Group discussion with Seafood Industry, conducted by the Institute for International Trade, The University of Adelaide 4 Trade in Services The fact that trade in services accounts for approximately 70% of Australia’s productive activity highlights its importance to the South Australian economy. As distinct from goods, the factors affecting trade in services have less to do with tariffs, and more to do with the regulatory framework under which service providers can act. For this reason, a comprehensive FTA like ChAFTA is necessary to address the factors necessary to liberalise trade in services. Services can act as enablers for trade, facilitating both trade in goods, by reducing trade costs and administrative burdens associated with trade, as well as for other services. Good examples of services which act as enablers are financial services, telecommunications and transport. For example, the opening of the financial services market in China may have the most significant direct impact in Australia’s East Coast financial centres, but will also facilitate South Australian businesses to more easily and securely deal with Chinese businesses and customers, including in the making and receiving of payments. Other collateral benefits of a robust services market include the contribution of services as inputs in production for other services, manufacturing and agriculture. The benefit of the services contribution to productivity acts in both directions, with Australian services expertise now more readily exploitable in the Chinese market to boost their capabilities in such sectors as mining and wine production, and Chinese services available to help Australian enterprises more competitive, including in specialised infrastructure projects. Services of particular interest to South Australia, in the context of ChAFTA, include education, tourism, mining-related services, agricultural services (including wine), financial services (in particular financial planning and wealth management), health and aged care services and the creative industries. Education is South Australia’s most valuable services export, with China being by far the largest source of foreign students, and growing in number by 75% per annum. Importantly, 90% of inbound Chinese students attend institutions included on the Chinese Ministry of Education’s “White List”, and under ChAFTA, within one year of entry into force, a further 77 Australian institutions will be added to that list. Conversely, another way for South Australian educational institutions to reach Chinese students is by establishing operations in China, which under ChAFTA will be much more easily accomplished, with the facilitation of investment and movement of education service professionals. Tourism is another important sector for the South Australian economy, and the Chinese domestic sector has opened up for South Australian investment. While providing international travel services in China for Chinese nationals has been excluded, continuing to act in concert with key Chinese providers will remain an important avenue to attract inbound visitors. Meanwhile, investment in Chinese hotels and restaurants has been liberalised for Australian investors, creating opportunities to enter new markets offshore. Mining-related services have been identified by some of our largest industry participants as a growing market in China. This market may provide a steady market in a field in which Australia has vast expertise, but that has otherwise been dominated, for better or worse, by the fluctuating world market prices for mining products. South Australia has provided wine production related services in China for over a decade. With more acreage under grapes than Australia, China’s domestic wine production is growing rapidly, and keeping pace is the need for quality wine production services. With the nascent stage of development of the Chinese wine industry, the rapid growth in the rate of consumption and the large and growing Chinese middle-class continuing to raise demand, the provision of wine production services can likely coexist with our ambitions in wine exports without fear of cannibalisation of markets, particularly where Chinese domestic wine production will inevitably grow in volume and quality regardless of who provides the expertise. Public perception, rightly or wrongly, sees financial services as an Australian East Coast industry, with Sydney and Melbourne dominating. However, with ChAFTA liberalising wealth management, financial planning and insurance, a real opportunity exists in South Australia, home of the Self-Managed Super Fund Association and a critical mass of financial planning service providers. With China’s aging population planning for the future, this poses real potential for establishing a hub for these services in Adelaide. A real area for potential growth under ChAFTA arises in the health care and aged care sectors, where all of China has opened up for wholly Australian owned, for profit aged care facilities, and a great area of China has opened up for Australian owned hospitals. Further, medical and dental professionals can now enter into the Chinese market as well, including in partnership or collaboration with Chinese partnerships and practices. 5 Finally, the creative industries in South Australia can realise benefit from ChAFTA as well. Foreign investment in film production can be of particular interest, with South Australia’s high-level service capabilities, including major motion picture production and favourable regulatory conditions making it an attractive destination. Further, film, sound recording and magazine distribution in China is now open to Australian investors (subject to Chinese content regulations), and cinema theatre ownership and construction will be allowed, if done through joint partnership with minority Australian ownership. Labour mobility, jobs, and 457 visas ChAFTA provides access to Chinese service providers and skilled workers, under conditions very similar to those that exist now, including utilising the 457 visa process. While the agreement facilitates access to the Australian system for application to allow access for skilled Chinese workers, those workers will still need to have any necessary qualifications recognised, and the positions would most likely still need to be advertised locally before being made available to a skilled Chinese worker. Further, facilitated access for work on large infrastructure projects is predicated on the Chinese direct investment of at least $150 million in Australia. There is no provision for entry of unskilled labour. Accordingly, the provisions of ChAFTA appear to allow entry of skilled workers only, with provision for requiring appropriate certification of relevant skills, where equivalent expertise is unavailable in Australia, in order to provide necessary services in Australia or facilitate the attraction of large foreign direct investment in large infrastructure projects. Foreign Direct Investment (FDI) Opportunities for FDI under ChAFTA include both inbound FDI from China and outbound FDI from Australia. In either case, the identification of areas where Australia has a comparative advantage, or of opportunities created where ChAFTA has given Australian investors access to a comparative advantage in China, will be good indicators for potential FDI opportunities. Australia has made significant adjustments to encourage foreign direct investment from China, including raising the threshold for Foreign Investment Review Board (FIRB) review to US$1.094 billion dollars, matching the level already extended to the U.S., New Zealand and Japan. This rule carves out investments in agricultural land and agribusiness interests, for which the threshold for review is much lower, and investments from State Owned Enterprises (SOEs) for which any level of FDI is subject to FIRB review. A further service sector innovation that will encourage FDI will be the creation of an RMB clearing bank in Sydney, that will facilitate transfers and foreign exchange. Sectors where inbound FDI into South Australia can be facilitated under ChAFTA include large infrastructure projects, the creative industries, agriculture, mining, research and development and highend manufacturing services. Sectors where potential outbound FDI into China can grow under ChAFTA include the health and aged care services sectors, tourism services including hotel, restaurant and cinema construction and ownership, and education services. 1. Introduction The Free Trade Agreement between the Government of Australia and the Government of the People’s Republic of China (ChAFTA) was signed on June 17, 2015 in Canberra, after more than ten years of negotiations were finally concluded successfully. ChAFTA is expected to provide potential for significant impact upon the South Australian economy. Accordingly, this study will analyse those potential effects and endeavour to make observations relevant to South Australian economic policy making going forward. The study begins with a review and analysis of both South Australian agricultural and non-agricultural exports by analysing the economic mass of the two economies in relation to the distance between them, as influences by a variety of other relevant factors (the gravity model). Analysis of the results of the model will highlight categories where South Australia either enjoys a comparative advantage, or can gain such advantage through utilisation of the provisions of ChAFTA. We then turn to trade in services, a rapidly growing market in China, where new opportunities available to South Australia hold real potential to create economic growth and development. The study employs both the Hoekman Indicators (HI) and OECD and World Bank Services Trade Restrictiveness Index (STRI) to determine advantage gained under ChAFTA for Australian services trade. Again, compared to China’s 6 other trading partners, analysis of these indices has focused attention on sectors where comparative advantage may work in South Australia’s favour. The report turns briefly to labour mobility under ChAFTA, as the topic has been the subject of media attention, generating abundant heat but little light. This section provides a brief analysis of the provisions in question, and the implications of their implementation. Finally, investment, both inbound to Australia and outbound to China, is facilitated under ChAFTA and can be largely driven by the identification of areas of comparative advantage identified above. The relaxation of regulation of rules governing foreign direct investment completes the necessary reforms for the encouragement of bilateral investment. 2. Trade in Goods In 2014 SA exported goods to China under 347 different tariff lines, of which 287 were subject to a tariff. According to the non-official tariff schedule made public (DFAT, 2015), by year five of ChAFTA’s implementation, only sixteen of those goods will still carry a tariff with another 22 goods unclear at this stage.1 What will be the impact on SA’s exporters, and what opportunities will there be to develop new trade or foster existing trade? This chapter starts with a general overview of China’s role in Australia’s trade. Gravity model (GM) analysis explains a large part of bilateral trade flows in terms of the size of the two economies and the distance between them, modified by factors such as a shared colonial background or a common language. The trade data for 2000, 2004 and 2009-14 also show that two countries in a regional trading arrangement of having a bilateral trade agreement trade more than is explained by the standard variables. Even more strikingly, the impact of trade agreements on bilateral trade flows has increased substantially since the turn of the century. The gravity model also highlights differences in the determinants of South Australian trade with China, compared with other states’ and territories’ trade, and between trade in agricultural and non-agricultural goods. These are related, given the composition of South Australian exports, and justify separate treatment of agricultural and non-agricultural products. The chapter concludes with deeper analysis of nonagricultural goods of particular interest to SA and its trade relationship with China. In that section, South Australia’s Revealed Comparative Advantage to China and the world is investigated. 2.1 Bilateral Trade between Australia and China Bilateral trade flows are determined primarily by the economic mass of the two countries and the distance between them. This gravity model (GM) can be modified to allow for other influences, such as having a common border, a common language or historical background, and also to identify significant policy influences such as a trade agreement. This section reports GM estimates for Australia, and then analyses the impact of trade agreements and specific features of China-SA trade to gain a baseline idea of the quantitative impact of ChAFTA and to identify products where the agreement may be especially important for SA. The text reports the main results, while the technical details are in Annex 1. The GM has been the workhorse model for empirical studies of international trade over the last two decades, and it is not surprising that it performs well with Australian data. Australia trades more with larger or closer economies and less with more distant or smaller economies, other things equal. A shared history and common language are among the “other things” that explain why Australia trades more than the simple GM predicts with countries such as New Zealand, Singapore or Malaysia. These determinants all come out clearly in the GM analysis reported in Annex 1. The GM analysis also provides evidence that two countries with a trade agreement trade more with one another than the simple GM prediction. Moreover, this relationship between having a trade agreement and the level of bilateral trade has, unlike the case with all other variables in the GM, increased in strength “Please note that this version of China's tariff commitments has been provided solely to aid traders in interpreting and applying the tariff outcomes contained in the Schedule of China in Section 2 of Part 3 of Annex I to the China-Australia Free Trade Agreement. It is intended to operate as an indicative guide only and should not be relied upon as representing the tariff commitments contained in the ChinaAustralia Free Trade Agreement. This version of China's tariff commitments is not a legal document and does not form part of the ChinaAustralia Free Trade Agreement. 1 DFAT accepts no liability for any claim, loss or expense arising from use of information contained in this version of China's tariff commitments and no responsibility for any errors contained herein. Reliance on this information is at the user's risk.” 7 since 2000. There are several possible explanations of this pattern, most likely associated with the twentyfirst century proliferation of trade agreements, especially in the Asia-Pacific region. By 2014, for two countries belonging to a free or regional trade agreement, bilateral trade flows were higher by 178%. Finally, the GM analysis provides support for treating trade in agricultural and non-agricultural goods separately. The drivers of bilateral trade flows have differing impact for the two sectors. Moreover, in our GM analysis of twenty-first century trade, the impact of trade agreements appears to be greater with respect to agricultural trade. Therefore, while trade in non-agricultural goods will be analyzed in the remainder of this chapter, trade in agricultural products will be dealt with separately and in greater depth in the next chapter. Such estimates need to be treated with caution. Not all trade agreements are equal; Australia’s Closer Economic Relations pact with New Zealand is more comprehensive and deeper than, say, the AustraliaChile trade agreement. Precise GM specification affects the regression coefficients, although the Annex shows that the results are qualitatively robust with only small changes in the major relationships across different specifications. Finally, our GM results suggest that there may be considerable heterogeneity across different goods. In sum, the aggregate GM results provide an evidence-based starting point for expecting that a trade agreement with Australia’s largest trading partner will have a large impact on Australia-China bilateral trade. The next steps are to investigate whether that conclusion applies to South Australia’s trade with China, and for which goods the impact is likely to be strongest. Such analysis can help governments to identify what policy support will be appropriate for reaching desirable outcomes. 2.2 South Australian Trade with China Australian trade can be broken down using ABS data on trade by state and territory. As a first step, we reproduced the GM analysis replacing Australia by the eight states and territories, i.e. instead of 26 trading units plus Australia there were now 34 trading unites. The results change very little, suggesting that the model estimates are stable and, at least at the aggregate level the states’ and territories’ trade patterns are not very idiosyncratic. Among the differences that do emerge are smaller coefficients for “exporter’s GDP” and “common language” for SA, compared to, for example, NSW, which reflects greater reliance on primary products and perhaps less sophisticated products. On the other hand, the coefficient on the trade agreements are on average larger for SA, implying that the SA economy is on average more responsive than other states to the signing of trade agreements by Australia. When, however, the GM analysis is further controlled by agricultural and non-agricultural goods separately, the coefficients differ. For SA, the coefficient for trade agreements for non-agricultural goods is found to be larger than that for agriculture products. This shows the opposite effect of trade agreements compared to the aggregated analysis, where agriculture goods had a stronger coefficient than non-agriculture goods. For detailed results of the GM analysis, refer to Appendix 1. 2.2.1 Disaggregated Analysis of South Australian Trade with China South Australian exports to China are heavily concentrated in a few sectors, most of which are based on primary products (Table XYZ). Mining, meat and beverages (primarily wine) were the only HS 2-digit products with exports to China worth more than USD100 million in 2014. Thus, as a first pass, we will focus on these products’ likely performance under the China-Australia Free Trade Agreement. SA should also be investigating which new or, currently minor, exports can grow in response to new opportunities. Table 2.1: South Australia’s Top Ten Exports to China In 2014, by HS2-digit category HS Code 26 74 02 22 12 51 10 41 44 76 Description Ores, slag and ash Copper Meat Beverages Oil seeds, straw and fodder Wool Cereals Hides & skins Wood & wooden articles Aluminium Value (USD million) 1,212.11 579.80 120.83 104.80 66.78 41.68 35.77 29.61 17.16 16.95 8 2.2.2 South Australia’s trade and comparative advantage In our analysis we investigate South Australia’s revealed comparative advantage (RCA) with China and the world. We look at the gains from trade of the State’s areas of specialization in area where SA is able to produce relatively more efficiently than other countries and states. The RCA analysis is based on Balassa (1965) and can be used to discover goods in South Australia in which the state has a revealed comparative advantage. The RCA is defined as the ratio SA’s share of the good in SA’s total merchandise exports to the share of world exports of that same in good in total world exports. SA has a RCA if the value of the RCA index is larger than 1. If the value of the RCA is less than 1, SA is considered to have a revealed comparative disadvantage. The first part of this section provides an overview of South Australia’s comparative advantages with the world and China by looking at the 96 goods of the HS 2-digit classification for the year 2014. This section is then followed by a detailed analysis of South Australia’s 2014 comparative advantages compared to other States and Territories. We then follow with a detailed discussion of Non-agriculture and Agriculture goods. South Australia’s Revealed Comparative Advantage: an overview With our RCA analysis we have identified products and goods which do not appear immediately as significant goods based on a simple evaluation of their share of exports, i.e. in comparison with Table 2.1. Figure 2.1 provides an overview of the 96 product classifications under the HS classification in which South Australia has a comparative advantage with China in comparison with the World. The blue lines indicate South Australia’s comparative advantage with the world, and the red line South Australia’s comparative advantage with China. If the blue line is larger than the red line, then this is an indication that SA has a stronger comparative advantage with the world than with its trade with China. In some areas, we identify a comparative advantage with the world but a relative disadvantage in SA’s trade with China. In both areas, ChAFTA could be a facilitator to trade by providing additional market access to China. In summary, South Australia has a revealed comparative advantage with the world and China collectively in only 22 of the 96 product classifications of the HS 2-digit level. 11 of these are found to be agricultural nature and another 11 of non-agricultural nature. Table 2.1 summarises and compares the comparative advantages in further detail: o South Australia has a comparative advantage in world trade for 19 products (9 Agricultural and 10 Non-Agricultural) o South Australia has a comparative advantage in the trade with China in 14 products (7 each for Agricultural and Non-Agricultural) o In 7 product classifications, South Australia has a revealed comparative advantage in its trade with the world but not with China o In only 3 cases do we find a revealed comparative advantage with China but not with the world o In 6 cases, South Australia has a stronger revealed comparative advantage in its trade with the world than with its trade with China o In 5 cases we find a stronger comparative advantage with trade with China than with SA’s trade with the world 9 Figure 2.1: South Australia’s revealed comparative advantage with China in comparison with trade with the world at the HS 2-digit level, 2014 - RCA with the world Source: - RCA with China IIT, ABS, UN Comtrade 10 TABLE 2.1 SOUTH AUSTRALIA TO THE WORLD (19) SOUTH AUSTRALIA TO CHINA (14) 9 agricultural products 7 agricultural products 01 Live animals 02 Meat & edible meat offal 05 Product of animal origin 07 Edible vegetable 08 Edible fruits & nuts, peel of citrus, melons 10 Cereals 11 Milling Industry Products 12 Oil Seeds, Oleagic fruits, grain, seed, fruit etc.,other 22 Beverages 02 Meat & edible meat offal 03 Fish, crustaceans, molluscs, aquatic invertebrates, other 05 Product of animal origin 10 Cereals 12 Oil Seeds, Oleagic fruits, grain, seed, fruit etc.,other 20 Vegetable, fruit, nut etc., food preparations 22 Beverages 10 non-agricultural products 7 non-agricultural products 26 Ores Slag & Ash 28 Inorganic chemicals, precious metal compound, isotope 33 Essential oils, perfumes, cosmetics, toiletries 41 Raw hides and skins (other than furskins) and leather 51 Wool, animal hair, horsehair yarn and fabric thereof 70 Glass and glassware 74 Copper and articles thereof 78 Lead and articles thereof 79 Zinc and articles thereof 93 Arms and ammunition, parts and accessories thereof 26 Ores Slag & Ash 33 Essential oils, perfumes, cosmetics, toiletries 41 Raw hides and skins (other than furskins) 51 Wool, animal hair, horsehair yarn and fabric thereof 74 Copper and articles thereof 76 Aluminium and articles thereof 78 Lead and articles thereof Table 2.2 shows the 12 common products which South Australia has comparative advantage with both the World and China. It also indicate which of the 12 has China has the higher or lower comparative advantage in relation to the World, which is also shown in the charts by either a half or full vertical line. TABLE 2.2 PRODUCT HIGHER/LOWER COMPARED TO WORLD 5 Agricultural products 02 Meat & edible meat offal 05 Product of animal origin 10 Cereal 12 Oil Seeds, Oleagic fruits, grain, seed, fruit etc.,other 22 Beverages Lower Higher Lower Lower Higher 7 Non-agricultural products 26 Ores Slag & Ash 33 Essential oils, perfumes, cosmetics, toiletries 41 Raw hides and skins (other than furskins) 51 Wool, animal hair, horsehair yarn and fabric thereof 74 Copper and articles thereof 76 Aluminium and articles thereof 78 Lead and articles thereof Lower Higher Higher Lower Lower Higher Higher Nine of of 10 of SA’s top 10 exports to China appears the list of SA’s comparative advantage to China. The remaining product which SA is exporting no comparative advantage with China (or the World)(i.e. Wood). One product which SA has comparative advantage with China and the world is 78 Lead and articles thereof 11 2.2.2.1 HS South Australia’s Revealed Comparative Advantage in comparison to other States and Territories Description 1 Live animals 2 Meat and edible meat offal Fish and crustaceans, molluscs and other 3 aquatic invertebrates Products of animal origin, not elsewhere 5 specified or included Edible vegetables and certain roots and 7 tubers Edible fruit and nuts; peel of citrus fruit or 8 melons 10 Cereals Products of the milling industry; malt; 11 starches; inulin; wheat gluten Oil seeds and oleaginous fruits; miscellaneous grains,seeds and fruit; industrial or medicinal plants; straw and 12 fodder Preparations of vegetables, fruit, nuts or other 20 parts of plants 22 Beverages, spirits and vinegar 26 Ores, slag and ash Inorganic chemicals; organic or inorganic compounds of precious metals, of rare-earth 28 metals, of radioactive elements or of isotopes Essential oils and resinoids; perfumery, 33 cosmetic or toilet preparations Raw hides and skins (other than furskins) and 41 leather Wool, fine or coarse animal hair; horsehair 51 yarn and woven fabric 74 Copper and articles thereof 78 Lead and articles thereof 79 Zinc and articles thereof Arms and ammunition; parts and accessories 93 thereof SA to World 5.2 16.8 SA to China 0.0 16.7 NSW to NSW to World China 2.1 0.2 9.7 14.8 WA to World 2.8 0.7 WA to China 0.1 0.3 NT to World 56.9 0.0 NT to China 0.0 0.0 VIC to World 11.7 18.4 VIC to China 159.1 30.4 TAS to World 0.0 1.0 3.7 0.4 0.1 2.9 21.6 6.3 TAS to QLD to QLD to China World China 0.0 5.0 0.5 20.7 1.8 13.5 0.0 0.6 0.0 0.0 0.0 1.2 0.3 0.8 10.9 0.7 0.2 1.7 10.2 0.3 0.7 0.2 0.9 7.1 59.1 0.1 2.3 0.7 0.8 0.0 1.0 0.0 0.2 0.0 0.0 0.0 3.5 0.0 0.3 0.0 1.9 0.0 2.5 20.9 0.4 4.7 0.7 3.8 1.1 7.3 0.0 4.8 0.0 0.6 0.1 0.0 0.0 0.0 5.1 7.1 1.9 8.5 0.2 0.0 2.5 0.0 0.4 1.1 0.4 3.9 7.1 0.3 11.3 1.1 1.7 0.0 0.0 0.0 5.7 0.4 0.0 0.0 1.1 0.0 6.3 1.2 0.7 0.4 1.4 0.1 0.2 0.0 3.3 1.0 0.2 0.1 0.5 0.0 0.5 17.2 1.6 28.4 13.5 7.2 0.3 2.4 5.4 0.0 2.9 2.4 0.0 0.1 40.3 0.0 0.1 12.0 0.0 0.0 19.8 0.0 0.0 13.9 0.8 1.5 0.2 1.1 10.1 0.2 0.0 0.0 1.8 0.0 1.1 7.3 0.3 0.1 5.4 0.1 0.1 2.0 1.0 0.1 0.1 0.1 0.7 0.1 1.5 0.0 0.2 0.2 0.0 0.0 0.1 0.0 1.1 3.2 1.0 0.7 0.0 0.0 0.0 0.0 1.0 0.6 0.0 0.0 0.2 0.1 1.9 2.9 4.5 6.4 0.3 0.2 1.1 0.0 11.8 26.1 0.2 4.2 4.1 6.7 13.4 15.0 96.6 2.9 9.9 9.9 64.8 0.0 19.5 0.7 9.9 0.1 33.9 0.6 0.8 0.0 4.6 0.0 0.0 0.0 3.3 0.0 0.0 0.0 0.1 0.0 0.0 0.3 0.0 0.0 0.0 0.0 76.2 0.7 0.3 0.2 139.5 0.6 0.0 0.0 1.2 0.0 2.0 29.7 19.8 0.0 9.0 218.8 0.6 7.3 21.1 13.4 0.9 5.4 0.6 13.9 1.1 0.0 1.0 0.0 0.0 0.0 0.0 0.0 3.5 0.0 0.0 0.0 0.1 0.0 12 This section provides additional details on the extent of South Australia’s RCA in its trade to the world and its trade relationship with China in comparison to the other States and Territories. Of the 22 product sections identified in which South Australia has a comparative advantage in only 8 of those, South Australia has a relative absolute advantage compared to the other Australian States and Territories. The table summarizes the results for 2014. Accordingly, South Australia carries a relative absolute comparative advantage in the following product classifications which are highlighted with blue font colour. In areas where SA has a relative lower comparative revealed advantage or a disadvantage, the best performing States are highlighted in red font colour as SA’s main competitors: - - - - - - - - HS 03: Fish and crustaceans, molluscs and other aquatic invertebrates o With a RCA of 3.7, SA carries a relative absolute advantage in its trade with the world compared to the other States and Territories. o SA has a relative revealed comparative disadvantage in its trade with China (0.4). Tasmania with 10.9 is the leading State in Australia. HS 07: Edible vegetables and certain roots and tubers o SA has a relative comparative absolute advantage with a RCA of 6.3 compared to other States in its trade with the World. o SA has a comparative disadvantage in its trade with China. No other State has a comparative advantage is this sector. HS 10: Cereals o SA has a strong revealed relative absolute comparative advantage in its trade with the world (20.9) compared to other states (Victoria is next best with a world comparative advantage of 7.1). o Surprisingly, SA is not taking advantage of its RCA with its trade with China as much as it should. Instead, other States outperform SA (NSW and Victoria). HS 12: Oil seeds and oleaginous fruits; miscellaneous grains,seeds and fruit; industrial or medicinal plants; straw and fodder o SA has a relative revealed comparative absolute advantage in both trade with the world and trade with China in comparison to other states HS 20: Preparations of vegetables, fruit, nuts or other parts of plants o SA has a small comparative advantage in its trade with China HS 22: Beverages, spirits and vinegar o SA has a strong relative comparative absolute advantage in trade with the world and in the trade with China compared to other States and Territories o The next best competitor in trade with China is Victoria HS 33: Essential oils and resinoids; perfumery, cosmetic or toilet preparations o SA has a small but absolute relative comparative revealed advantage in its trade with the world and with China in comparison to other states o Only Victoria has a revealed comparative advantage in this sector in the state’s trade with the world HS 74: Copper and articles thereof o SA has a relative absolute revealed comparative advantage in Copper etc in both trade with the world and with China in comparison with other states o Queensland is the only state with a comparative advantage and is therefore SA’s main competitor HS 78: Lead and articles thereof 13 o o 2.2.2.2 With a revealed comparative advantage of 96.6 and 64.8 in its trade with the world and China, respectively, Lead etc is SA’s strongest comparative advantage of all products and a very solid relative absolute advantage compared to other States. Tasmania and Queensland are competitors with much smaller RCA figures. Disaggregated Analysis of Key Non-agricultural Goods The following section looks specifically at the key non-agricultural export commodities of South Australia to China. The section looks in detail at the export values to China, to the world, the Chinese average tariff rates in 2015 and in 2020 according to the information provided by DFAT, 2015. Furthermore, the discussion includes South Australia’s revealed comparative advantage with its trade with the world and with China. TABLE 2.3 - Non-agricultural goods HS Description Exports to China (mn AUD) 1,342.6 Exports to the World (mn AUD) Exports to China as % of total T 2015 T 2020 RCA World RCA China 2,122.7 63.2 1.4 0.0 13.5 7.2 26 Ores, slag and ash 74 Copper and articles thereof 642.2 1,420.0 45.2 6.9 4.5 15.0 9.9 51 46.2 114.0 40.5 12.3 4.8 13.4 9.9 32.8 40.4 81.2 9.3 7.0 1.9 2.9 19.0 26.8 70.8 3.7 1.2 0.3 0.6 18.8 34.7 54.2 8.5 6.3 0.3 1.7 13.1 258.0 5.1 5.6 3.5 0.1 0.0 12.2 72.4 16.9 14.6 11.7 1.1 3.2 11.2 119.9 9.3 9.5 7.4 0.1 0.0 8.2 108.3 7.5 7.8 5.3 0.3 0.1 6.7 371.4 1.8 16.1 13.3 0.4 0.1 78 Wool, animal hair, horsehair yarn and fabric thereof Raw hides and skins (other than furskins) and leather Wood and articles of wood, wood charcoal Aluminium and articles thereof Mineral fuels, oils, distillation products etc. Essential oils, perfumes, cosmetics, toiletries Electrical, electronic equipment Optical, photo, technical, medical etc. apparatus Vehicles other than railway, tramway Lead and articles thereof 6.3 420.9 1.5 4.5 2.7 96.6 64.8 72 Iron and steel 4.4 145.9 3.0 5.0 2.8 0.6 0.2 39 Plastics and articles thereof 4.0 52.6 7.6 7.9 6.3 0.1 0.0 41 44 76 27 33 85 90 87 Observations – Top 15 South Australian Non-Agriculture exports to China From Table 2.3: Top 15 South Australian non-agriculture exports to China (analysis based on HS-2 digit, 2014); the following observations can be made: The top 15 exports all have varying degrees of revealed comparative advantage with China and the World. Analysis confirms two Mining product categories as key exports with revealed comparative advantage with both China and the World: o 26 Ores, slag and ash o 74 Copper and articles thereof Copper’s RCA indicator for China slightly higher than Ores. Tariffs are expected to zero by 2020 for Ore products and reduced from 6.9% to 4.5% for Copper. This is expected to further enhance South Australia’s comparative advantage with, and export to, China. Further analysis at HS-4 digit reveals (Table 2.4) that Copper ores falls under the 26 Ores, slag and ash category, thus further highlighting the importance of copper as an export commodity for South Australia. 14 All but two product categories have stronger revealed comparative advantage with the World in comparison with China. The two categories where China has higher comparative advantage when compared to the World are: o 33 Essential oils, perfumes, cosmetics, toiletries o 76 Aluminium and articles thereof Both are expecting to have their tariff rates reduced by between 2-3%, combined with their overall percentage of exports to China as a percentage of world total of 16.9% and 54.2%, South Australia could explore opportunities to increase export of both products. Only one product category in the top 10 will have their tariff rate zeroed compared to 50% of the top 10 agriculture products (see Table XYZ). The tariff reductions for non-agriculture products are in general smaller than agriculture goods. Key highlight observed is product category 78 Lead and articles thereof where South Australia very high revealed comparative advantage to both the World and China, in fact higher than Copper – SA’s second largest non-agriculture export to the World and China. While lead is South Australia’s 3rd largest export (in dollar terms)to the World and despite the significant revealed comparative advantage to China, lead export to China is small accounting for less than 2% of total lead export. There are significant opportunities of SA export of lead products to China in addition to China, particularly with the already low tariff (4.5%) expected to be further reduced to 2.7% TABLE 2.4 – Analysis at HS-4 digit level HS Description Exports to the World (mn AUD) Exports to China as % of total T 2015 T 2020 Iron ores and concentrates, roasted iron pyrites Exports to China (mn AUD) 1,167.4 2601 1,192.9 97.9 0.0 0.0 7403 Refined copper and copper alloys, unwrought 625.5 1,396.3 44.8 1.7 0.0 2603 Copper ores and concentrates 175.2 928.6 18.9 0.0 0.0 5101 Wool, not carded or combed 46.2 113.9 40.5 38.0 0.0 4102 Raw hides and skins of bovine, equine animals 32.1 32.9 97.5 10.2 3.3 7602 Aluminium waste or scrap 18.6 32.5 57.2 1.5 0.0 4403 Wood in the rough or roughly squared 17.6 17.6 100.0 0.0 0.0 7404 Copper, copper alloy, waste or scrap 16.4 22.5 72.6 1.5 0.0 2710 Oils petroleum, bituminous, distillates, except crude Beauty, make-up and skin care preparations 13.1 156.9 8.4 6.6 0.0 10.0 54.0 18.5 10.3 0.0 Parts and accessories of bicycles, motorcycles etc. Unwrought lead 6.5 28.8 22.8 12.8 0.0 6.3 420.3 1.5 3.0 0.0 Parts for electrical switches, protectors, connectors Ferrous waste or scrap, ingots or iron or steel 5.0 8.5 59.1 7.5 0.0 4.3 113.9 3.8 0.9 0.0 3.3 42.3 7.8 4.5 0.0 4707 Instruments etc. for medical, surgical, dental etc. Waste or scrap of paper or paperboard 3.0 17.3 17.2 0.0 0.0 9027 Equipment for physical and chemical analysis 2.0 7.4 27.2 1.6 0.0 7326 Articles of iron or steel, other 2.0 7.7 25.3 12.5 0.0 5201 Cotton, not carded or combed 1.9 2.8 69.7 40.0 0.0 8544 Insulated wire and cable, optical fibre cable 1.9 5.2 36.4 6.8 0.0 3304 8714 7801 8538 7204 9018 15 Observations: Top 20 Non-Agriculture Exports to China (HS-4 digit, 2014) Analysis at HS-4 digit, 2014 reveals results that are generally consistent with the HS-2 digit analysis, as expected. That is, the majority of the top 20 exports to China falls under the HS-2 digit analysis’ top 15 export product categories. Some key observations include: 4403 Wood in the rough or roughly squared, a product which South Australia does not have a revealed comparative advantage with both China and the World, yet it is the top 7 export to China, in fact 100% of all export of wood is to China. One of the top 20 Non-Agriculture exports identified by the HS-4 digit analysis did not appear in the top 15 HS-2 digit analysis (5201 Cotton, not carded or combed) Mining related commodities are in the top 3 exports to China and the World. Iron ore is confirmed as South Australia’s largest export commodity to China and the World. Almost all of South Australia’s iron ore is exported to China (98%). Wool and Cotton currently has the two highest tariffs at 38% and 40%. Both are expected to be reduced to zero by 2020. This will bring significant opportunities to expand South Australia’s export of both to China, particularly Wool which is South Australia’s 4th largest export commodity to China (in dollar value). Copper and copper related products - as described above – are distributed over two HS-2 digit categories (see Table 2.4): o 26 Ores, slag and ash o 74 Copper and articles thereof HS-4 digit analysis shows that 3 copper and copper related products fall in South Australia’s top 10 exports to China. The value of exports is over A$817million and each of the three currently has low or no tariff imposed. o 7403 Refined copper and copper alloys, unwrought o 2603 Copper ores and concentrates o 7404 Copper, copper alloy, waste or scrap Commodity 39 Plastics and articles thereof appears as a top 15 export product in the HS 2 digit analysis but not HS-4 digit analysis. This occurs because when HS-2 product category is broken into HS-4 subsectors, export trade is possibly widely dispersed and individual subsectors do not amount to a high volume of trade. The 5th highest export to China is 4102 Raw hides and skins of bovine, equine animals with almost all of South Australian export is to China (98%). 16 Multiple Metals: Market Access, Research & Development, Infrastructure and FDI under ChAFTA Magnetised Iron Ore South Australia has tremendous reserves of magnetite that can serve Asian markets for decades. Unlike other reserves in Western Australia and around the world, while containing a relatively high iron concentrate, SA magnetite contains relatively low concentrations of silica, phosphorous, aluminium and sulphur, which means processing can be cleaner for the steel producer. In combination with the advantages of ChAFTA, South Australia can do more than take advantage of available markets. Tariff elimination and encouraged and enabled FDI for research and development and infrastructure from China can work together to create an enabled production capacity and strong, lasting market for a premium raw product, that will also allow China to achieve a goal of achieving cleaner, more environmentally friendly steel production. The South Australian Government contribution would therefore be less onerous to make the venture successful. China looks to governments to make and endorse big deals. The South Australian Government’s imprimatur of support for a scheme of South Australian business combining with Chinese investment to develop and grow a niche and lucrative export market can be the catalyst, with FDI funding the growth and expansion of the trade in magnetite. Source: SACOME Copper Copper is a main focus currently in South Australia, and with good reason. With rich reserves, a market set to expand, and favourable tariff treatment under ChAFTA, the export market is set to expand. One constraining element is the fact that much of the copper reserve is found in conjunction with uranium. The ability to “clean” copper, removing uranium from the copper, can lift South Australian production to a level as much as four times the current level of production. Under ChAFTA, not only will we have a more open market due to tariff elimination, but again our comparative advantage makes the industry a prime target for FDI from China. Chinese FDI in research and development of production methods for clean copper can incentivise and grow the sector to its full potential, without the need for great expenditure on the part of the South Australian Government. Chinese investment in business based solutions here can expand South Australia’s capacity to serve growing markets in China and beyond. Sources: SACOME; Institute for Mining and Energy Resources, The University of Adelaide Lead Lead is a commodity seldom spoken of in policy circles, for various reasons. However, it is important to point out that South Australia has a large competitive advantage in the sector, supplies nearly 10% of the lead in the world market, and sells relatively little in China. While lead brings with it obvious environmental factors of which to remain aware, lead is also still a prominent commodity in the manufacture of such environmentally friendly technologies as power cells and batteries for use in hybrid and electric cars and elsewhere. Further the technology around those products is advancing, making them safer and with a view towards recycling of materials. South Australia can not only take advantage of the growing global need for lead, but is in a prime position to do so, traditionally holding advantage in the market, and taking advantage of eliminated tariff status under ChAFTA. Sources: SACOME 17 2.2.2.3 Disaggregated Analysis of Key Agricultural Products The China-Australia Free Trade Agreement (ChAFTA) has led to significant tariff reductions in a number of Australian agricultural exports. But significant exclusions also remain, and the schedules of implementation are also relatively long in some cases. To place these commitments into context, Table XYZ shows the top 10 exports from South Australia agricultural products, ranked by the value of exports to China in 2014. The table also provides South Australia’s revealed comparative advantage indicator for its trade with the world and with China, the current tariff rates applied in China and the proposed tariff rates under the non-official tariff schedule as provided by DFAT. The following section looks specifically at the key agricultural export commodities of South Australia to China. The section looks in detail at the export values to China, to the world, the Chinese average tariff rates in 2015 and in 2020 according to the information provided by DFAT, 2015. Furthermore, the discussion includes South Australia’s revealed comparative advantage with its trade with the world and with China. Table 2.5: Top 10 South Australian agriculture exports to China at HS 2-digit, 2014 HS Description Exports to China (mn AUD) 02 Meat and edible meat offal 22 12 10 05 04 15 03 08 20 Exports to China as % of total T 2015 (ave) T 2020 RCA World RCA China 133.8 Exports to the World (mn AUD) 1,166.1 11.5 18.4 1.9 16.8 16.7 Beverages, spirits and vinegar Oil seed, oleagic fruits, grain, seed, fruit etc., other Cereals 116.1 1,157.2 10.0 21.6 0.0 17.2 28.4 74.0 417.1 17.7 9.5 0.0 6.3 1.2 39.6 1,238.9 3.2 28.5 n.a 20.9 4.7 Products of animal origin, other Dairy products, eggs, honey, edible animal product, other Animal, vegetable fats and oils, cleavage products etc. Fish, crustaceans, molluscs, aquatic invertebrates, other Edible fruit, nuts, peel of citrus fruit, melons Vegetable, fruit, nut etc., food preparations 14.2 17.3 82.5 12.5 0.0 2.9 21.6 4.0 37.8 10.6 14.6 3.2 0.7 0.4 3.9 29.7 13.1 13.0 0.0 0.5 0.3 3.4 237.4 1.4 10.5 0.0 3.7 0.4 2.5 165.3 1.5 18.3 0.5 2.5 0.4 1.7 18.5 9.0 20.3 0.3 0.5 1.6 Source: ABS (2015). n.a. = not available Observations – Top 10 South Australia Agriculture exports to China From Table 2.5: Top 10 South Australian agriculture exports to China (analysis based on HS-2 digit, 2014), the following observations can be made: The top 10 exports all have varying degrees of revealed comparative advantage with China and the World. All, except 3 categories have stronger revealed comparative advantage with the World in comparison with trade with China as shown on the RCA World column. The 3 product exceptions are: o 05 Product of animal origin o 22 Beverages, spirits and vinegar o 20 Vegetable, fruit, nut etc., food preparations 18 Their current average tariff rates are 12.5%, 21.6% and 20.3% and are expected to be reduced to between 0% to 1.9%. This is expected to enhance South Australia’s revealed comparative advantage with, and export to, China. 3 key product categories stand out with significant revealed comparative advantage with China: o 02 Meat and edible meat offal o 05 Product of animal origin o 22 Beverages, spirits and vinegar Their current average tariff rates are 18.4%, 12.5% and 21.6% and are expected to be reduced to between 0 to 1.9% where 2 of the 3 products are expected to have their tariffs reduced to 0% by 2020 while the other to 1.9%. This is expected to enhance South Australia’s comparative advantage with, and export to, China. Product category 10 Cereal reveals an RCA World indicator is significantly larger than RCA China. Further and more detailed analysis reveal that China imposes under this category a very high tariff rate, that is at the HS-2 level the average 2015 tariff rate is 28.5%. Moreover, at the HS-4 level (see Table ABC), it is revealed that over 90% of exports are wheat and meslin which has an even higher tariff rate imposed on them at 65%. This explains lower RCA indicator for China in comparison to the World. Despite the 65% tariff, wheat and meslin is one of the key exports to China, constituting 3.1% of total exports into China. Depending on the final negotiated tariff reduction over the next 5 years (current no tariff reduction schedule is available), there is significant trade potential for wheat export into China. Table 2.6: Disaggregated analysis at HS-4 digit level HS Description Exports to China (mn AUD) 2204 0204 1205 1001 0202 1214 0504 Grape wines, alcoholic grape must Meat of sheep or goats, fresh, chilled or frozen Rape or colza seeds Wheat and meslin Meat of bovine animals, frozen Animal fodder and forage products, roots etc. Guts, bladders and stomachs of animals except fish Edible offal of domestic animals Cheese and curd Bovine, sheep and goat fats, raw or rendered Citrus fruit, fresh or dried Fish, frozen, whole Waters, non-alcoholic sweetened or flavoured beverage Fruit and vegetable juices, not fermented or spirited Molluscs Seed, fruit and spores, for sowing Olive oil and its fractions, not chemically modified Barley Milk and cream, concentrated or sweetened Meat of bovine animals, fresh or chilled Food preparations, other 114.2 88.5 54.3 38.6 32.0 18.2 14.2 0206 0406 1502 0805 0303 2202 2009 0307 1209 1509 1003 0402 0201 2106 12.7 2.9 2.6 2.5 1.8 1.6 Exports to the World (mn AUD) Exports to China as % of total T 2015 T 2020 1,130.2 627.5 216.2 1,236.5 296.3 121.6 10.1 14.1 25.1 3.1 10.8 15.0 19.5 17.0 4.5 65.0 16.3 7.0 0.0 7.6 0.0 n.a 8.2 0.0 15.3 67.2 32.7 25.4 63.3 125.0 92.8 18.9 8.8 10.1 3.9 1.4 19.3 15.3 12.6 8.0 14.3 10.8 0.0 2.4 4.8 0.0 6.3 0.0 4.5 35.9 27.5 0.0 15.5 21.6 65.2 1.5 0.9 4.2 146.9 2.1 9.8 6.0 1.9 83.1 99.1 19.4 0.4 25.0 19.1 9.3 0.0 10.0 1.5 10.0 14.7 16.9 1.1 0.0 0.0 0.0 0.0 5.8 7.3 0.0 1.5 1.3 1.3 1.2 0.9 0.8 0.6 0.5 n.a = not available 19 Observations: Top 20 Agriculture Export to China (HS-4 digit, 2014) Analysis at HS-4 digit, 2014 reveals results that are consistent with the HS-2 digit analysis, as expected. That is, the top 20 exports to China all falls under the HS-2 digit analysis’ top ten export product categories. Some key observations include: Majority of the top 20 agriculture exports should expect further enhancement of their trade potential as all but one product are expected to have their tariffs reduced. The exception is Seed, fruit and spores, for sowing which already has 0 tariff. 12 out of the 20 top 20 agriculture exports will have tariff rates zeroed by 2020 Meat related products under the “02 HS category” combined is South Australia’s top export (Table 2.5). Further analysis (HS-4 digit) shows that it comprises of 4 key products (Table 2.6), all of which will have their tariff rate more than halved in 5 years. Combined with the fact that only a small percentage of total exports of these products are to China (between 0.4% - 14.1%), there are significant opportunity to grow the trade of these products to China. Wine (2204 Grape Wine, alcoholic grape must) is the top export (in dollar value) to China. Export in wine is expected to continue to grow over the next five years with tariff to be zeroed by 2020 from 19.5%. Currently Wine export to China only constitutes 10% of South Australia’s total wine exports. As described above, wheat and muslin exports have good trade potential; particularly the current tariff rate of 65% can be reduced. This is because despite the high tariff rate, it is South Australia’s 4th highest export (in dollar value) to China. Currently, it is important for the South Australian government to note that there is no tariff reduction schedule. There are 2 products where exports to China constitute almost all (90% or more) of total export: o 0504 Guts, bladders and stomachs of animals except fish (92.8%) o 1003 Barley (99.1%) Their tariff rates are 19.5% and 1.5% respectively and both are expected to drop to 0% by 2020. As the export of both makes up almost all of their total export, there is limited scope for further export growth, in particular barley. 2.2.2.4 Possible Impacts of ChAFTA Commitments on Agriculture for South Australia The major export items are seeds and hay, wine, lamb, wheat, wool, beef and offal. Items such as fish, dairy products and citrus are relatively small in South Australian exports. Seeds and hay, wine, lamb and wheat are relatively important for South Australia compared to the rest of Australia. Commitments by China under the agreement in agricultural products are summarised in Appendix 2, where they are compared to commitments in agreements with Korea and China, as well as the agreement of NZ with China. A key result of that comparison is that the Australian agreement would generally offset (after full implementation) the advantage of New Zealand. The remaining areas of disadvantage for Australia are those with long implementation periods which are noted below. With respect to the key South Australian exports to China, the commitments made include the following. The positives include Seeds and hay is the major export item, mainly oilseeds followed by hay. o The tariff rates for erucic acid rape or colza seeds exports which range from zero to 9% will be eliminated within a year. o That for hay (cereal straw) falls from 12% to zero over 5 years. Wine exports are number 2 in value terms (this sector is discussed in more detail in a separate section of this report.) o Tariffs of 14-20% on wine fall to zero over 5 years. A country tariff quota applies to wool of 30,000 tonnes clean wool (approximately 43,000 tonnes greasy wool). o This volume will grow by 5 per cent each year to almost 45,000 tonnes clean (approximately 64,300 tonnes greasy) by 2024, all at duty-free rates. Areas where SA exports might increase (based on the low shares of these products in SA exports relative to the Australian total) include: 20 Fish, where tariffs of 12-14 would be eliminated within 4 years. Dairy, where tariffs are cut over much longer periods, of up to 11 years. Citrus, where tariffs of up to 30% are cut over 8 years (other horticulture is in a better position, with tariffs cut over 4 years). Other items of interest are the following Elimination of the 7.5 to 30 per cent tariff on orange juice within 7 years, and elimination of tariffs of up to 30 per cent on other fruit juices within 4 years. Elimination of the 15 per cent tariff on natural honey, and the up-to-25 per cent tariff on honeyrelated products, within 4 years. Elimination of the 15 per cent tariff on pasta within 4 years Other items of particular interest to South Australia include the following Lamb tariffs from 12-23 fall to zero over 9 years and for beef tariffs of 12-25% fall to zero over 10 years. Offal tariffs range from 10 to 20% and fall to zero at least in 5 years and in some cases up to 10 years Wheat is excluded from the agreement The agreement will be reviewed in three years’ time and these points suggest a series of action items in that review, including the treatment of wheat in the agreement and accelerating the treatment of items where the implementation period is 4 years or longer. A comparison against the agreements of other countries leads to talking points in further rounds of negotiations. With respect to agreements with Korea and Japan, talking points in any further discussion with China could be The more open treatment of wine by Korea and Japan The better treatment of seafood in both agreements The inclusion of wheat by Korea. But otherwise these agreements provide little guidance to what might be possible with China in further rounds of negotiation. Two other aspects of these outcomes are significant. First, the treatment of traditional barriers to trade at the border, such as tariffs, is necessary to improve the conditions of market access. But it will not be sufficient. Also important will be the facilitation of trade, including the treatment of impediments to international business that arise as goods cross borders. Submissions to the negotiations, and also results of other research by IIT, indicate that especially in the case of China these matters are significant for business. There is value in that case in tracing the supply chain from South Australia to the final points of consumption in China, identifying the remaining restrictions and then working with partners in China to tackle those issues for mutual benefit. Some of the issues that are identified in a project of this type might also be the nature and application of relevant regulation at the production or export stages of this chain. Second, while the removal of barriers to trade in products is significant, the capacity of South Australia to increase output is constrained by the resources available. There are however other ways in which to benefit from the expected growth of consumption of agricultural products in China. These include the provision of services in food supply chains in China. The opportunity to do so depends on the treatment of services in the agreement, which is discussed in another section of this report. Wheat & Canola: Our next bite of the apple? No negotiated agreement delivers everything for everybody. While the matter is quite straightforward, of great significance for South Australia is the omission of wheat and canola from tariff reduction under the agreement. The South Australian Government should advise the Commonwealth Government concerning the comparative advantages and potential benefits South Australia has in wheat and canola, as these areas have been excluded from tariff reduction under the current ChAFTA text (and therefore stands at 65% for wheat). Tariff reduction or elimination for these products can bring substantial benefits to rural South Australia. 21 2.2.2.5 Wine Sector The signing of the ChAFTA in mid-2015, following Australia’s signing in late 2014 of FTAs with Japan and Korea, offer the prospect of Australia reversing the impact of the earlier signing by Chile and New Zealand of their FTAs with China (and by Chile of FTAs also with Japan and Korea). Trade diversion resulted from those earlier FTAs signed by agricultural-exporting countries whose producers are close competitors to Australia’s farmers and agribusinesses in East Asian markets. As a result, Australia’s share of imports into China rose less rapidly because of preferential access provided to Chile and New Zealand. Had Australia not negotiated the ChAFTA, its share of China’s imports would have continued to grow less rapidly as the Chile and New Zealand FTAs with China continued to be phased in over the next few years. China has already become by far the most important wine-consuming country in Asia, and projections point to the enormous speed with which China may become an even more dominant market for wine exporters, with a projected extra 620-940 ML to be added by 2018 to its consumption of 1630 ML in 2011. Since China’s domestic production is projected to increase by ‘only’ about 210-290 ML by 2018, its net imports are projected to rise by between 330 and 740 ML – or 50ML more once the full impact of the three FTAs with Southern Hemisphere countries are felt. Certainly the recent austerity drive is going to dampen the growth in super-premium and iconic wine sales in China, but because those quality wines are still only a small share of the total sales volume the drive’s impact on China’s aggregate wine consumption and imports is very minor. While the recent and projected rates of increase in per capita wine consumption in China are no faster than what occurred in several northwestern European countries in earlier decades, it is the sheer size of China’s adult population of 1.1 billion – and the fact that grape wine still accounts for less than 4 percent of Chinese alcohol consumption – that makes this import growth opportunity unprecedented. It would be somewhat less if China’s own winegrape production increases faster, but certainly in as short a period as the next five years that is unlikely to be able to reduce the growth in China’s wine imports very much, especially at the super-premium end of the spectrum and notwithstanding that country’s recent austerity drive. Figure 2.2: Total wine consumption (ML) Source: Updated from Anderson and Nelgen (2011) using Euromonitor International *All other Asian countries consume less than 0.2 litres per capita per year Of course these projections are not predictions. Where exchange rates move, and how fast various countries’ wine producers take advantage of the projected market growth opportunities in Asia, will be key determinants of the actual changes in market shares over the coming years. Not all segments of the industry are projected to benefit, with non-premium producers in Australia and elsewhere facing falling prices if demand for their product continues to dwindle as projected above. But Australia’s exporting firms willing to invest sufficiently in building relationships with their Chinese importer/distributor – or in grapegrowing or winemaking as joint venturers within China – may well enjoy long-term benefits from such investments, and more so because of ChAFTA. 22 Wine While this paper goes to great lengths to describe opportunities in wine exports for South Australia, citing the expected huge growth in exports over the next three years until 2018 and beyond, there are still non-tariff measures to contend with that make navigating trade in wine with China more of a risky undertaking than is trade in wine elsewhere. Excluding China, every year it can be expected that a handful of wine export consignments around the world will be either held up or blocked due to regulatory concerns. In their nascent stages, it is still unclear what the legal or scientific grounding is for some of China’s wine regulations, but in 2014, 165 wine export consignments were blocked from entering China, exponentially more than normally expected. While South Australia was not singled out for this treatment, Australia’s wines were rejected at a rate proportional with Australia’s share of the wine export market in China. The South Australian Government can engage with Wine Australia to better understand these anomalies, determine their status and ongoing nature (is it “growing pains” for the regulatory scheme or a systemic problem in China?), and advise the Commonwealth Government on the potential impact for South Australian exporters, so that the situation can be addressed under ChAFTA. Source: Wine Australia 3 Trade in Services and Investment ChAFTA represents what may be the largest potential value bilateral trade agreement to date for Australia. It comes at a point in time where trade is shifting, from being heavily influenced by tariff rates and distance, to being more heavily influenced by factors such as reduction of trade costs and administrative burden, and the availability of related and ancillary services. The study provides qualitative as well as quantitative analysis of the level of commitments in ChAFTA. Quantitative calculation of data is giving way to qualitative analysis of the impact of regulation. It is in this light that we undertake to review the ChAFTA, from both a traditional standpoint and a 21 st Century practical review and attempt to identify the advantages for the South Australian economy. Services trade makes up 70% or more of Australia’s GDP. Furthermore, none of Australia’s industry sectors function without services inputs. Manufacturing, agriculture, investments and even services depend on services trade to facilitate their efficient and effective delivery. ChAFTA provides for greater liberalisation of services trade between Australia and China than China has extended to any other external trading partner. The opportunities in trade in services can open new markets for South Australia, and facilitate economic growth and development for the State. This Chapter utilises two models for evaluating the effects of liberalisation of services trade under ChAFTA, the Hoekman Indicators (HI) and the Services Trade Restrictiveness Indices (STRI) of both the Organisation for Economic Cooperation and Development (OECD) and The World Bank. Together they paint a picture highlighting the comparative advantage across services sectors provided to Australian businesses under ChAFTA. 3.1 Restrictiveness of services trade sectors in China – An overview The following section discusses services trade restrictiveness indicators from the OECD and the World Bank for China to provide a general overview of the Chinese services sector and the restrictiveness of its policies. The section begins with a general discussion of the OECD Services Trade Restrictiveness Index (STRI) and its detailed findings for the Chinese sector. The section then follows with the STRI results for the World Bank. 23 3.1.1 Service Trade Restrictiveness Index – OECD The OECD has developed a methodology for assessing the restrictiveness of policy as it applies to the services sector, called the Services Trade Restrictiveness Index (STRI). 2 The methodology includes the scoring and weighting system for 18 services sectors. The STRIs are composite indices taking values from zero and one, zero representing an open market and one a market completely closed to foreign services providers. The index includes not just trade measures but also regulatory measures (see Box 1) Box 1 The STRI Overview The OECD STRI provides a comprehensive picture of restrictions to services trade. It contains two essential elements: (1) A regulatory database of laws and regulations for 40 countries across 18 sectors (detailed below). (2) Composite Indices that quantify restrictions across 5 standard categories (described below in the “Policy Measures” sections) Scoring/Methodology “The STRI are composite indices taking values between zero and one, zero representing an open market and one a market completely closed to foreign services providers. The scoring system is based on binary scoring. To reconcile the complexity of services trade restrictions with binary scoring, non-binary measures are broken down to multiple thresholds; complementary measures are grouped and scored as zero only if all measures in the bundle are not restrictive. Finally in cases where one restriction renders others irrelevant, those measures that are rendered irrelevant are automatically scored one.” (Geloso Grosso et al., 2015: p2) Sectors and Sub-sectors within OECD STRI The OECD Service Trade Restrictiveness Index covers the following sectors (OECD, n.d.(b)): 1) Audio-visual Motion pictures Television and broadcasting Sound Recording 2) Computer services 3) Construction services 4) Courier services 5) Distribution services Retailers Wholesalers 6) Financial services Commercial banking Insurance Broking and agency services Life MAT (Insurance of large risks, including marine, aviation and transport) Non-life retail insurance and commercial insurance, including property and casualty, liability, export, credit and travel insurance Reinsurance and retrocession http://www.oecd.org/tad/services-trade/services-trade-restrictiveness-index.htm. The scoring system is based on binary scoring, non-binary measures are broken down to multiple thresholds; complementary measures are grouped and scored as zero only if all measures in the bundle are not restrictive. Finally in cases where one restriction renders others irrelevant, those measures that are rendered irrelevant are automatically scored one. 2 24 7) Professional services Legal services Accounting and auditing services Architectural services Engineering services 8) Telecommunications Fixed-line Internet Mobile 9) Transport services Air transport Cargo Domestic traffic Cargo Passenger International traffic Cargo Passenger Passenger Maritime freight transport Rail freight transport Road freight transport Policy measures Within these sectors the following policy measures were assessed (OECD, n.d.(b)): 1. Restriction on foreign entry 2. Restriction on the movement of people 3. Other discriminatory measures 4. Barriers to competition3 5. Regulatory transparency The weighting scheme used for the calculation of the STRI relies on expert judgment. A large number of experts were asked to allocate 100 points among the five policy areas present as: Restrictions on foreign entry, restrictions to movement of people, other discriminatory measures, barriers to competition, and regulatory transparency. The expert views are translated into weights by assigning the points experts allocated to the policy area to each measure that falls under it and correct for differences in the number of measures under the policy areas. Such differences are not arbitrary, but reflect the relative importance of the policy category for each sector. The formula for measure j under category i is the following: 𝑤𝑗𝑖 = 𝑠𝑐𝑜𝑟𝑒𝑗 𝑤𝑖 / ∑𝑖 𝑛𝑖 𝑤𝑖 where 𝑛𝑖 is the number of measures under category i, and 𝑤𝑖 is the share of the total number of points allocated to policy area i by the experts. The weights allocated to each policy area by the experts are depicted in the table below. The STRI indices take values between zero and one, one being the most restrictive. They are calculated on the basis of the STRI regulatory database which contains information on regulation for the 34 OECD Members, Brazil, China, India, Indonesia, Russia and South Africa. The STRI database records measures on a Most Favoured Nations basis. Preferential trade agreements are not taken into account. Air transport and road freight cover only commercial establishment (with accompanying movement of people). 3 Barrier to competition entail public ownership measures, which may have the effect of market access restriction. 25 Table 3.1: Expert judgment weights by policy area and sector4 Source: OECD 2015 China’s score on the STRI index values across the 18 sectors is shown below in Figure 3.1, along with the average and the lowest score among the 40 countries included in the STRI database for each sector. Figure 3.1: China STRI by sector and policy area Source: OECD 4 Table 8 is from OECD Policy Papers No.177, Services Trade Restrictiveness Index (STRI): Scoring and Weighting Methodology, pp34. 26 China scores well above average on the STRI in all sectors (ie more restrictive), but is close to the average in architecture. In other areas parts of the construction sector, some computer services, some engineering activities, management of railway infrastructure, road freight, parts of maritime transport, parts of the distribution sector and accounting are encouraged; most of the broadcasting sectors and postal and domestic express/courier services are highly restricted while the other sectors are permitted subject to different conditions. (Refer to Table 3.1 to 3.3 for detailed data) Table 3.2:. Barriers to trade in services - China Service Index Service Index Accounting 3 Architecture 2 Engineering 3 Legal 3 Motion Pictures 3 Broadcasting 3 Sound recording 3 Telecom 3 Air transport 3 Maritime transport 3 Rail freight transport 3 Road freight transport 3 Courier 3 Distribution 3 Commercial banking 3 Insurance 3 Construction 3 Computer 3 1 – more trade-friendly (Source: OECD n.d.) 2 – around all country average 3 – less trade-friendly Table 1.3. Service Trade Restrictiveness Indexes Service Sector Architecture Construction Computer Engineering Sound recording Distribution Road freight transport Maritime transport Accounting Rail freight transport Motion pictures Commercial banking Insurance Legal Telecom Air transport Broadcasting Courier China’s Trade Restrictiveness Index 0.26 0.29 0.29 0.29 0.31 0.36 0.38 0.39 0.41 0.42 0.45 0.49 0.50 0.52 0.53 0.59 0.78 0.87 Country Average’s Trade Restrictiveness Index 0.23 0.17 0.18 0.20 0.16 0.13 0.16 0.25 0.30 0.22 0.18 0.19 0.20 0.32 0.22 0.44 0.28 0.26 Adapted from (OECD n.d.) ___ - Less restrictive service sectors (≤ 0.30) ___ - Service sectors with trade restrictiveness index (> 0.30 ≤ 0.50) ___ - Most restrictive service sectors (> 0.50) 3.1.2 Service Trade Restrictiveness Index – World Bank 27 Box 2 – The World Bank STRI The World Bank STRI database provides comparable information on services trade policy measures for 103 countries – 79 developing and 24 OECD countries. It covers five major services sectors and over three modes of delivery – described in detail below. (World Bank, n.d.) In measuring restrictiveness, each sector (and selected subsectors within) is allocated an overall score. Additionally, sectoral scores for the three modes of delivery are assigned. The scores given are between 0 and 100, where a 0 score means the sector is completely open, while a 100 completely close. (World Bank, n.d.) It is important to note that the developers/researchers of the database state that the aim of this project is “to facilitate dialogue about, and analysis of, services trade policies”. The database is not a definitive source of information but instead, it is hoped that it helps to facilitate the sharing of information on services trade policy. (World Bank, n.d.) Sectors and subsectors within World Bank STRI The database focuses on five major services sectors. Each sector was further disaggregated into subsectors as applicable. “The choice of sectors was based primarily on their economic importance from a development perspective, on the existence of meaningful restriction on services trade, and on the feasibility of collecting relevant policy data.” (Borchert et al., 2012) These sectors are: 1) Financial services 5) Professional services Banking Accounting Lending by banks Auditing Acceptance of deposits by banks Legal Advice Foreign Law Insurance Legal Advice Domestic Law Automobile Court Representation Life Reinsurance 2) Telecommunications Fixed-line Mobile 3) Retail 4) Transport services Air passenger domestic Air passenger international Maritime shipping international Maritime auxiliary services Rail freight transport Road freight transport Policy measures Within these sectors three modes were assessed in this study: - “Cross-border supply of service (mode 1): This mode is defined under the GATS as the supply of a service from the territory of one Member into the territory of any other Member. It is analogous to trade in goods, and arises when a service crosses a national border, for example, if a consumer in country A purchases software or insurance from a provider located in country B. It would also include the purchase by a consumer in country A of transportation services – such as a train ride or flight – from a provider located in country B.” (Borchert et al., 2012: p6) - “The supply of services through commercial presence or FDI (mode 3): Under the GATS, “commercial presence” means any type of business or professional establishment, including through (i) the institution, acquisition or maintenance of a juridical person, or (ii) the creation of a branch or a representative office within the territory of a Member for the purpose of supplying a service commercial. This survey considers four types of commercial presence: a firm from a country B might open a branch or subsidiary in the territory of county A, it might acquire part or all of an already existing firm in the territory of country A, or it might enter through Joint Venture 28 - with an already existing firm in the territory of country A. Thus, the service is provided within A by a locally-established affiliate, subsidiary, o branch of the foreign-owned and controlled firm.” (Borchert et al., 2012: p6) “The temporary presence of natural persons (mode 4): This mode is defined under the GATS as the supply of a service by a service supplier of one Member, through presence of natural persons of a Member in the territory of any other Member. Thus, it covers the temporary presence of individuals for the purpose of providing services directly to firms or consumers or for employment in service providing firms.” (Borchert et al., 2012: p6) The combinations of subsectors and modes for which information were used in the following: Sectors Banking Subsectors Mode 1 Mode 3 Bank lending Deposit acceptance X X X X Automobile insurance Life insurance Reinsurance X X X X X X Mode 4 Insurance Telecom Fixed-line Mobile X X Retail distribution X Retailing Transport Air passenger domestic Air passenger international Maritime shipping international Marine auxiliary services Road trucking Railway freight X X X X X X X X Professional Services Accounting Auditing Legal advice foreign law Legal advice domestic law Court representation X X X X X X X X X X X X X Source: Borchert et al., 2012: p7 Collected data All the collected data regarding service trade restrictiveness in Indonesia is described in the World Bank All Policy Measures spreadsheet. (World Bank, n.d.) Scoring Completely open (0); Virtually open but with minor restrictions (25); Major restrictions (50); Virtually closed with limited opportunities to enter and operate (75); Completely closed (100). Source: Borchert et al., 2012: p46. (More details about the Scoring, its rules can be found between p46-54) 29 Table 3.2:. World Bank Service Restrictiveness Index for China Service Sectors Overall Overall 36.6 Transportation 19.3 Air Passenger Domestic Air Passenger International 67.5 Maritime Shipping International 15 Maritime Auxiliary Services 25 Road Freight Domestic 0 Rail Freight Domestic 0 Retail 25 Financial 34.8 Banking 32.5 Insurance 38.3 Telecommunications 50 Fixed-line telecommunications 50 Mobile telecommunications 50 Professional 66 Accounting and Auditing 45 Accounting 40 Auditing 50 Legal 80 Legal Advice Foreign Law 40 Legal Advice Domestic Law 100 Legal Representation in Court 100 Adapted from (World Bank n.d)5 ___ - Less restrictive service sectors (≤ 0.30) ___ - Service sectors with trade restrictiveness index (> 0.30 ≤ 0.50) ___ - Most restrictive service sectors (> 0.50) Mode 1 39.22 37.5 75 0 71.77 75 66.67 0 0 0 0 0 0 Mode 3 37.27 22.22 50 50 50 25 0 0 25 31.46 25 41.67 50 50 50 70 50 50 50 83.33 50 100 100 Mode 4 75 75 62.5 50 75 83.33 50 100 100 The following observations can extracted from the World Bank Service Restrictiveness Index for China: Transportation sector is the most open sector in China, with a 19.3 overall index, despite the subsector of international aerial transportation for passenger hold a restrictive index of 67.5. Within the sectors included in the World Bank study, the retail sector shows to be the second most open sector in China, with an index of 25. Financial services presented overall index relatively open in comparison with all service sectors in China. The corresponding index for financial services was 34.8, slightly lower than the overall index attributed to China (36.6). The telecommunication sector had an overall index of 50, with no difference on the indexes of its sub-sectors fixed-line telecommunications and mobile communications. 5 The professional services sector, which includes accounting and auditing services and also legal services, appears to be the most closed service sector in China, accounting for an overall index of 66. The high-restrictiveness of this sector can be attributed to the high-restrictiveness index of legal services, which was 80, while accounting and auditing sector accounted for an overall index of 45. World Bank n.d, Services trade restrictions database, <http://iresearch.worldbank.org/servicetrade/> 30 3.2 Services Sector Coverage in ChAFTA: China’s Commitments to Australia in Comparison to Other Main Liberalizing Trade Agreements 3.2.1 Services Liberalization Liberalization of services sector will be crucial to observe significant gains from ChAFTA. The growth potential for exports of services from Australia and South Australia is expected to increase with ChAFTA. In particular, we should expect growth in key sectors such as education services, tourism, health and aged care, logistics, legal and mining services, and financial services. Again, South Australian education and health and aged care sectors are well placed to take advantage of the n ew opportunities created from ChAFTA. In addition, there are also great potential to develop the tourism sector at South Australia under ChAFTA. We examine the degree of openness in the services sector in ChAFTA as compared to other FTAs of China with key trading partners. We examine the degree of commitment and openness (or restrictiveness) of the services sector in ChAFTA as compared to China-ASEAN FTA, China-Korea FTA, China-New Zealand FTA, and China-Hong Kong Comprehensive Economic Partnership Agreement (CEPA). We also evaluate the degree of openness at the sectoral level in ChAFTA. We find a significant commitment to Australia, however generally only to the extent of correcting Australia’s previous disadvantage. We also compare the variation in commitments among agreements, where we find the agreements of China with Korea, Australia and New Zealand are highly correlated. Finally we examine the distribution of sectors according to their openness to Australia relative to their openness to the world. We use this comparison to identify business opportunities in the services sector. By these criteria apparently attractive opportunities exist in sectors such as legal services, broadcasting and courier services. This material is complemented by case studies of a number of sectors. 3.2.2 Service Sectors Included in the Agreements Through a simplistic comparison of the service sectors included, or not, among the five FTAs analysed in this study, it is possible to observe that China’s commitment in ChAFTA includes more service sectors than in ChKFTA, ChNZFTA, and ASEAN-Ch TISA, but less service sectors than in the China Mainland and Hong Kong CEPA (Ch-HKG CEPA). Table 1 includes some of the service sector differences among each trade agreement to illustrate this scenario. The full list of the service sectors included in five trade agreement and the comparison of service sector differences are listed in appendix (Annex 2). If considered the sectors which would might be on the interest of the South Australia Government, namely (Services related to mining, wine manufacturing, education, financial, health and tourism), it is possible to verify that China’s commitment on ChAFTA for these specific service sectors are similar to China’s commitment on ChKFTA, despite some more-beneficial or less-restrictive measures made in ChKFTA, e.g. services incidental to mining in the ChKFTA is not limited to oil and gas as it is in ChAFTA. Discussion of the table: Services incidental to mining is included on China’s commitments on Ch-HKG CEPA and on ChAFTA but was kept out of ChKFTA, ChNZFTA and ASEAN-Ch TISA. Note that for ChAFTA services incidental to mining only includes oil and natural gas related, while in the Ch-HKG CEPA beyond the provision which only includes oil and natural gas, it also include the provision for services incidental to mining without this limitation. Another advantage ChAFTA presents in relation to ChKFTA, ChNZFTA and ASEAN-Ch TISA is inclusion of Related scientific and technical consulting services, in form of prospecting services for iron, copper and manganese, coal bed methane and shale gas (part of CPC 86751) and (part of CPC 86752). Nevertheless, this provision excludes gravity and magnetic prospectin Services incidental to agriculture, forestry, hunting and fishing (CPC 881, 882) is similarly included in four of the five compared FTAs, namely Ch-HKG CEPA, ChAFTA, ChKFTA and ChNZFTA, being left out of ASEAN-Ch TISA. This prevision might contribute to wine manufacturing services (CPC 88182), which are included in CPC 881. 31 Table 3.5: Comparison among the trade agreements of some service sectors included Service Sectors Business services Communication services Ch-HKG CEPA Sub-sector Financial services Health related and social services Tourism and travel related services ChKFT A ChNZFTA ASEANCh TISA Services incidental to mining (CPC883) x x1 n.i n.i n.i Related scientific and technical consulting services Prospecting services for iron, copper and manganese, coal bed methane and shale gas (part of CPC 86751) and (part of CPC 86752) x x2 n.i n.i n.i Services incidental to agriculture, forestry, hunting and fishing (CPC 881, 882)*1 x x x x n.i Audiovisual services (CPC 961) x3 x4 x4 x4 n.i x 5 5 5 n.i Primary education services (CPC 921) Education services ChAFT A x x x 5 5 5 Secondary education services (CPC 922) x x x x n.i Higher education services (CPC 923) x x x x n.i Adult education services (CPC 924) x x x x n.i Other education services (CPC 929) x 6 x 6 x 6 x n.i All insurance and insurance-related services (CPC 713 - 716) x x x x n.i Banking and services (CPC 71) x7 x x x n.i n.i x x x n.i n.i x x x n.i other financial Motor vehicle financing by non-bank financial institutions Other financial services listed below: (k) Provision and transfer of financial information, and financial data processing and related software by suppliers of other financial services; (l) Advisory, intermediation and other auxiliary financial services on all activities listed in subparagraphs (a) through (k), including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy. Securities (financial services) (CPC 7152) x x x x n.i Hospital services (CPC 9311) Services for the aged (part of CPC 93311 and 93323) x x8 n.i n.i n.i x9 x n.i n.i n.i Hotel (including apartment buildings) and Restaurants (CPC 641 - 643) x x x x n.i Travel agency and tour operator (CPC 7471) x x x x n.i Tourist guides (CPC 7472) x n.i n.i n.i n.i n.i – not included x1 - only including oil and natural gas x2 - excluding gravity and magnetic prospecting and surveying services x3 - Includes: - Videos distribution services (CPC 83202), Sound recording products distribution services, Cinema theatre services, Chinese language motion pictures and motion pictures jointly produced, Technical service of cable television, Jointly produced television dramas, Motion picture or video tape production services (CPC 96112), Others. x4 - Includes: - Videos, including entertainment software and (CPC 83202), distribution services, Sound recording distribution services, Cinema theatre services. x5 - excluding national compulsory education x6 - including English language training x7 – beyond the sub-sectors included o the other FTAs it also includes money brokers. x8 - excluding Traditional Chinese Medicine hospital 32 x9 - Social services is not only restricted to services to the aged but also includes services for persons with disabilities. *1 - CPC 881 includes wine manufacturing services (88182) Audiovisual services are included on Ch-HKG CEPA, ChAFTA, ChKFTA and ChNZFTA. Specifically for ChAFTA, ChKFTA and ChNZFTA, the included sub-sectors are: Videos, including entertainment software and (CPC 83202), distribution services, Sound recording distribution services, and Cinema theatre services Ch-KHG CEPA includes the above sub-sector and additional ones. Education services are included on Ch-HKG CEPA, ChAFTA, ChKFTA and ChNZFTA. Particularly to primary and secondary education services, provisions on ChAFTA, ChKFTA and ChNZFTA exclude national compulsory education. Higher and adult educations are treated similarly across Ch-HKG CEPA, ChAFTA, ChKFTA and ChNZFTA. In regards to other education services, English language training is included on ChAFTA, ChKFTA and ChNZFTA but not included on Ch-HKG CEPA. Within the financial services, the sub-sector all insurance and insurance-related services are similarly included on Ch-HKG CEPA, ChAFTA, ChKFTA and ChNZFTA. The provision of the subsector banking and other financial services is slightly different from Ch-HKG CEPA and the other three FTAs (ChAFTA, ChKFTA and ChNZFTA). On the Ch-HKG CEPA it includes and additional services of money brokers which is not included on the other three. The sub-sectors of motor vehicle financing by non-bank financial institutions and other financial services listed as (k) and (l) are only included on ChAFTA, ChKFTA and ChNZFTA. ChAFTA also indicates to be more privileged in comparison to ChKFTA, ChNZFTA and ASEANCh TISA in the health related and social services sector. Both, hospital services and services for the aged are included on ChAFTA but omitted on the other three. In comparison to Ch-HKG CEPA, there is a slight difference which indicates more openness on Ch-HKG CEPA. Traditional Chinese medicine is not excluded in the hospital services provision and social services is not only limited to services for the aged, as they are on the ChAFTA provisions. Tourism and travel related services provisions are similarly included on Ch-HKG CEPA, ChAFTA, ChKFTA and ChNZFTA, despite the fact that exclusively on Ch-HKG CEPA tourist guides services is included. This analysis already shows some of the commitment intensions of China with Australia by setting ChAFTA. Nevertheless, it is important to note that the inclusion of a service sector in the trade agreement does not guarantee that this service sector is totally liberalized. Restrictions established in the agreement itself could already compromise the openness of that particular service sector. 33 Box 3: Why the Hoekman Index does not hold for ChAFTA. We aimed to use the Hoekman Index to compare the openness of several Chinese trade agreements with ChAFTA. The results of our comparison are provided in Figure 1. It is noticeable that two results for the China Mainland-Hong Kong agreement are provided due to two different texts of the agreement that we have identified. Even the most open result of 0.46 underestimates the actual openness of the agreement when compared to the other agreements. Furthermore, Figure 2 compares the Hoekman indicator for ChAFTA to the OECD STRI results for China. In about half of the services sub-sectors, our results find a more restrictive (or less open) Hoekman indicator compared to the results for the respective OECD STRI sectors. Since this cannot be the case – services provisions under a trade agreement cannot be more restrictive (or be less open) than the MFN provisions - we believe that additional work needs to be undertaken. Nevertheless, the detailed analysis of our estimates for the Hoekman indicator is provided in the Appendix to this services chapter. In the below a more detailed discussion of our current results is provided. Figure 1: Hoekman indices: average over all services sectors in various FTAs6 1 0.8 0.6 0.46 0.4 0.32 0.40 0.39 0.37 0.17 0.2 0 China Mainland- China-Australia Hong Kong China- South Korea China-New Zealand China-ASEAN From the Hoekman indices of the average over all services sectors in the five FTAs signed with China, China Mainland-Hong Kong ranks the first of all the five FTAs, with the HI 0.46. The ChAFTA ranks the second place, with the value of 0.40. The overall HIs indicate that China shows relatively high commitments in overall services sectors to Hong Kong and Australia. In addition, the HI for China-New Zealand FTA (0.37) is quite close to that of ChAFTA. However, the overall HI for ChinaASEAN FTA is the lowest according to the five FTAs. To summarize, as Hong Kong is an important part of China, and at the meantime China shows commitments in services and investments to a wide degree. On the other hand, China offers quite high commitments to Australia, which is up to our expectations. But as for ASEAN countries, most of the services sectors are not listed in the Schedules of services provisions, which are considered to be no openness (full restrictiveness) for ASEAN In the HI of the China Mainland-Hong Kong, we have different values of 0.32 and 0.46 separately; The Blue Bar with the value of 0.32, which is calculated from the China Mainland FTA website (Trade and Industry Department), however the value of the Yellow Bar with the value of 0.46, which is calculated from the Government of the Hong Kong Special Administrative Region website. Due to the data come from different sources, we conclude the two different results (0.32, 0.46). 6 34 countries to gain benefits from Chinese services sectors, such as Communication, Distribution, Education, Financial services, Recreational areas, Transport services. Furthermore, the ASEAN countries would negotiate more in the specific areas, and perhaps update the schedules of service commitments for China-ASEAN FTA. Figure 2: STRI and ‘1-HI’ Values As we mentioned in the previous two sections, STRI represents a measure of restrictiveness but the Hoekman index represents a measure of openness. The value of 1 minus the value of the Hoekman index (1-HI) measures instead of openness the restrictiveness of commitments in services sectors. We can then compare the degrees of restrictiveness implied by commitments in ChAFTA with those in actual policy. Figure 14 shows four quadrants to illustrate the range of outcomes. The values in the black represent the ‘STRI’ results, and the red character values represent the ‘1-HI’ results. The various quadrants show the combinations of high and low values of the measures. Our interpretation is the following. In Quadrant One, both STRI and (1-HI) are high: these are sectors with a degree of restrictiveness but also no significant commitments to openness in ChAFTA. Air transport is an example. While profits may be available, they cannot be easily sought by Australian firms. Quadrant Two demonstrates that Low ‘1-HI’ but High STRI results, that means under the ‘1-HI’ calculation results, China shows less restrictiveness in specific services sectors to Australia, but high restrictiveness in these services sectors to other countries in the world. These are more likely to be attractive sectors for Australia (and other trading partners with similar access). Quadrant Three shows Low levels under both the STRI and ‘1-HI’ results. There are many sectors in this category and they are likely to be highly competitive, and so less attractive to entry. In the last case, Quadrant Four shows High ‘1-HI’ but Low STRI results, which means that China demonstrates higher restrictiveness to Australia than that of other countries in the world in particular areas. Likewise these are relatively less attractive opportunities for Australian firms (or areas in which in future to seek more open access). 35 3.3 Detailed Analysis of Service Provisions under ChAFTA with focus on SA sectors of interest 3.3.1 Mining Services Sector As shown in table 4, services incidental to mining, specifically in regards to oil and natural gas, are included in China’s commitments on the service sector of ChAFTA. The specific provisions on this subsector determine that commercial presence can only be taken in form of oil and gas exploitation with Chinese partners, and includes no limitations on consumption abroad. The cross-border supply remains unbound and the presence of natural persons is unbound except as indicated in horizontal commitments. The ChAFTA provisions on related scientific and technical consulting services for iron, copper, manganese, coal bed methane and shale gas limits the commercial presence of Australian service providers to only in the form of prospecting and surveying services for these fields of services and in cooperation with Chinese partners. There is no limitation on cross-border supply and on abroad consumption. The presence of natural persons is unbound except as indicated in horizontal commitments. Additional information on these sector’s provisions is available in the below tables. Table 3.6 1. Business Services a. Other Business services i. Services incidental to mining (CPC 883, only including oil and natural gas) Modes of supply Limitations on market access Limitation on national treatment Cross-border supply Unbound Unbound Consumption abroad None None Commercial presence Only in the form of oil and gas exploitation in cooperation with Chinese partners. None Presence of natural persons Unbound except as indicated in horizontal commitments. Unbound except as indicated in horizontal commitments. Table 3.7 1. Business Services a. Other Business services i. Related scientific and technical consulting services (CPC 8675) 1. Field services for iron, copper, manganese, coal bed methane and shale gas (part of CPC 86751) and (part of CPC 86752) Modes of supply Limitations on market access Limitation on national treatment Cross-border supply None None Consumption abroad None None Commercial presence Only in the form of prospecting and surveying services for iron, copper, manganese, coal bed methane and shale gas in cooperation with Chinese partners. None 36 Presence of natural persons Unbound except as indicated in horizontal commitments. Unbound except as indicated in horizontal commitments. Additional commitments on related scientific and technical consulting services for iron, copper, manganese, coal bed methane and shale gas: “In accordance with the requirements of Catalogue for the Guidance of Foreign Investment Priority Industries in the Central and Western Regions, and subject to approval, the Australian services suppliers are allowed to provide comprehensive utilization of mineral resources exploitation services in the central and western regions of China. The Australian mining industry has benefitted greatly during times when the Australian dollar was low, and suffered with the dollar’s meteoric rise. Industry has identified the potential for opening up the mining services market as a way to provide a new, more predictable market, less influenced by fluctuating world market prices for primary mining goods, and more dependent upon South Australia’s expertise and consequent comparative advantages in areas including exploration, mining construction services site preparation and consultant engineering services. As highlighted above, these services are unrestricted in the Central and Western regions of China, with a commercial presence permitted for prospecting and surveying services anywhere in China. 3.3.2 Agriculture (Wine) The provisions on services incidental to agriculture limit the commercial presence of Australian service suppliers to only in the form of joint ventures, with foreign majority ownership. There are no limitations on cross-border supply and on consumption abroad. The presence of natural persons is unbound except as indicated in horizontal commitments. There is no specific provision on services incidental to the wine sector, nevertheless, according to the Central Product Classification (CPC), the wine manufacturing services (CPC 88182) is included in the CPC 881 referred in the provisions on services incidental to agriculture included on ChAFTA. Additional information on these sector’s provisions is available in the below tables. Table 3.8 1. Business Services a. Other Business services i. Services incidental to agriculture, forestry, hunting and fishing (CPC 8817, 882) Modes of supply Limitations on market access Limitation on national treatment Cross-border supply None None Consumption abroad None None Commercial presence Only in the form of joint ventures, with foreign majority ownership permitted. None Presence of natural persons Unbound except as indicated in horizontal commitments. Unbound except as indicated in horizontal commitments. Three main factors are important to note when considering the Chinese market for wine-related agricultural services: China’s quickly growing middle class, new and extensive plantings of grapes for wine production and rapidly rising per capita consumption of wine. While South Australia stands to be Australia’s largest beneficiary in wine exports to China under ChAFTA, South Australia has the human capital and expertise to be Australia’s biggest beneficiary in wine-related agricultural services exports as well. Furthermore, given the early stage of development of the Chinese domestic wine production industry, the size and value of the rapidly growing Chinese domestic market for wine, and the Chinese preference for premium and super premium wines, South Australia can enjoy both a robust wine export 7 CPC 881 includes wine manufacturing services (88182) 37 market and a wine-related agricultural services market in China, without fear of cannibalisation of one market by the other. 3.3.3 Audiovisual Services Sector Audiovisual services provisions on ChAFTA limit Australian services suppliers on the services of videos, including entertainment software and distribution services and sound record distribution to establish contractual joint ventures with Chinese partners to engage in the distribution of audiovisual products. Cinema theatre services are limited to the construction and/or renovation of cinema theatres, with foreign investment no more than 49 percent. There is no limitation on cross-border supply and on abroad consumption and the presence of natural persons is unbound except as indicated in horizontal commitments. Table 3.9 2. Communication Services d. Audiovisual Services - Videos, including entertainment software and (CPC 83202), distributions services - Sound recording distribution Modes of supply Limitations on market access Limitation on national treatment Cross-border supply None None Consumption abroad None None Commercial presence Presence of natural persons Services suppliers of Australia are permitted to establish contractual joint ventures with Chinese partners to engage in the distribution of audiovisual products, excluding motion pictures, without prejudice to China’s right to examine the content of audio and video products (see footnote8). Unbound except as indicated in horizontal commitments. None Unbound except as indicated in horizontal commitments. The terms of the contract, concluded in accordance with China’s laws, regulations and other measures, establishing a “contractual joint venture” govern matters such as the manner of operation and management of the joint venture as well as the investment or other contributions of the joint venture parties. Equity participation by all parties to the contractual joint venture is not required, but is determined pursuant to the joint venture contract. “Foreign invested enterprise” in this Schedule means a foreign invested enterprise duly constituted or otherwise organised under “Law on Chinese-Foreign Equity Joint Ventures”, “Law on Chinese-Foreign Contractual Joint Ventures” and “Law on Foreign-Capital Enterprises 8 38 Table 3.10 3. Communication Services e. Audiovisual Services - Cinema Theatre Services Modes of supply Limitations on market access Limitation on national treatment Cross-border supply None None Consumption abroad None None Commercial presence Presence of natural persons Services suppliers of Australia are permitted to construct and/or renovate cinema theatres, with foreign investment no more than 49 percent. Unbound except as indicated in horizontal commitments. None Unbound except as indicated in horizontal commitments. Additional commitments on audiovisual services: “Without prejudice to compliance with China’s regulations on the administration of films, China allows the importation of motion pictures for theatrical release from foreign countries on a revenue-sharing basis and the number of such imports shall be 20 on an annual basis.” Opportunities for SA: Creative Industries – film, television and audio-visual production Unlike the Australia-US FTA (AUSFTA), Australia has less defensive interest with China in the creative industries sector, and significant potential offensive interests. China’s creative industries have grown due to extensive government intervention in the field, but remains under-developed to serve the Chinese domestic market. South Australia, including through the support of and for the South Australian Film Corporation (SAFC), is host to a number of internationally acclaimed production companies, and has strong capabilities in all stages of production and in services in support therefore. South Australia also has capability in offering diverse and unique locations for production. Chinese outbound investment in the creative industries can be utilised in South Australia to produce top quality products for both the Chinese and international markets. The SAFC's core activities include: Screen practitioner development and support. Script and project development. Production investment funding, cash flow loans and incentives. Operation of production and post-production facilities. Marketing South Australia's unique locations, professional crew and state of the art facilities (Adelaide Studios) to both domestic and international markets, including offering a confidential locations and production liaison service for projects looking to shoot in South Australia. Currently, Chinese creative industry productions are failing to generate a return in the Chinese market comparable to international productions. The table below marks not only a dominance by international films over Chinese domestic films, but importantly shows that over the period of 2009-13, the disparity between the earnings realised by domestic and foreign films has risen steadily. 39 Figure3.2 Source: Xioalin Zhou, South China Normal University Adelaide Studios, a $48 million facility run under the auspices of the SAFC, currently hosts 33 South Australian creative industries businesses as tenants, and lists thirty in its South Australian business directory. These businesses range from location scouting services, casting services, pre and post production, film studios, lighting and even catering. One particular South Australian film production company, Rising Sun Pictures, has been involved in the production of over 70 major motion pictures, including those based upon the Marvel ® comic characters the X-Men, Batman, Superman and the Green Lantern, the Harry Potter series and the Lord of the Rings series. Further, grants and tax incentives provided by the Australian Commonwealth Government, and augmented by incentives from the South Australian Government via the SAFC, combine with South Australia’s creative industries services expertise to make South Australia an attractive destination for inbound Chinese investment in production. This is an attractive option for South Australia, where in 2013-14, for every dollar invested by the Government of South Australia into film production brought a return of $8.60 ($2.75 million invested by SAFC brought a return of $24 million in investment). Concerning exploitation of audio-visual works, including motion pictures, in China, Australian companies can now create joint ventures in China for their distribution. These products remain subject to review by Chinese censors prior to distribution. Further, Australian companies are now permitted to participate in the construction and renovation of movie theatres in China, if foreign investment therein is less than 49%. 3.3.4 Education Services Sector The provisions on the education services include: a) Primary education services, b) Secondary education services, c) Higher education services, d) Adult education services, and e) Other education services. Special education services, e.g., military, police, political and party school education are excluded from the education services sector. National compulsory education is excluded from primary and secondary education services and English language training is included in the sub-sector other education services. The commercial presence of Australian service providers on these sectors are permitted in form of joint school, with foreign majority ownership. Cross-border mode of supply is unbound and there is no limitation on consumption abroad for education services. The particularities on the presence of natural persons are described in the table below. 40 Table 3.11 5. Education services (excluding special education services e.g. military, police, political and party school education) a. Primary education services (CPC 921, excluding national compulsory education in CPC 92190) b. Secondary education services (CPC 922 excluding national compulsory education in CPC92210) c. Higher education services (CPC 923) d. Adult education services (CPC 924) e. Other education services (CPC 929, including English languages training) Modes of supply Limitations on market access Limitation on national treatment Cross-border supply Unbound Unbound Consumption abroad None None Commercial presence Joint schools may be established, with foreign majority ownership permitted. Unbound Presence of natural persons Unbound except as indicated in horizontal commitments and the following: Qualifications are as follows: Individual education service suppliers of Australia may enter into China to provide education services when invited or employed by Chinese schools and other education institutions. possession of Bachelor’s degree or above; and an appropriate professional title or certificate, with two years’ professional experience. Additional commitments in the educational services: “China agrees to list within one year, through its examination and evaluation procedures, on the website www.jsj.edu.cn the 77 Australian CRICOS (the Commonwealth register of Institutions and Courses for Overseas Students)-registered higher education institutions that are set up in accordance with Australian laws and eligible to confer diplomas or degrees recognised by Australian education authorities.” Opportunities for SA: Education is by far South Australia’s largest services export, with income nearly quadrupling from $250 million in 2003-04 to nearly $1 billion in 2013-14. Consistent across that period, China remained the most important export market for education services, with the number of Chinese students studying in South Australia rising from 3500 in 2004 to over 11,000 in 2013. Chinese students outnumber Indian students (the second largest education export market for South Australia) by nearly four to one, and constituted 40% of the total foreign student enrolments in 2013. Chinese student enrolment in South Australia rose at an average of approximately 75% per annum over the period. 41 Table 3.12 South Australia’s Top 20 Source Countries Country Rank Enrolments 2013 Commencements Year to Date June 2014 China India Malaysia Vietnam Saudi Arabia South Korea Hong Kong Brazil The Phillipines Singapore Japan Indonesia UK Kenya Taiwan Nepal Thailand Germany US Pakistan 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 11,232 3,300 2,024 1,272 1,165 1,109 829 606 595 518 481 422 323 287 278 271 252 242 224 218 3,498 991 531 423 469 369 276 338 224 139 220 73 65 148 92 103 100 98 78 65 Under ChAFTA, China has committed within one year of enactment to add an additional 77 CRICOS registered higher education institutions to its “white list” maintained on its Ministry of Education web site, bringing the total number to 182. This is significant, as 90% of Chinese students currently studying in Australia attend institutions listed on the Ministry of Education’s white list. How many of those institutions are South Australian, and how the addition of 77 more institutions will affect enrolments across institutions, remains to be seen. While China is poised to remain the cornerstone of the South Australian education export market in terms of foreign students attending institutions in South Australia, the ChAFTA raises the possibilities for South Australian educational institutions to enter into joint venture schools in China, and for individual South Australian education service providers to work in Chinese education institutions. This ability to establish a commercial presence and enable the movement of education professionals is a significant step, and can expand South Australia’s capacity to service the Chinese education market beyond what it currently has capacity to provide from a ground base in South Australia. Significantly, China has limited its commitments concerning joint venture educational institutions in China. While such institutions can be majority foreign-owned, both China and Australia have reserved to not commit to providing national treatment for such institutions. Accordingly, the reality and practicality of entering such a venture remains to be defined, as regulatory restriction can and will be different than for the establishment of Chinese owned educational institutions. 42 3.3.5 Financial Services Sector The provisions on ChAFTA in regards to financial services include: All insurance and insurance-related services, and Banking and other financial services On it turns, the sub-sector of all insurance and insurance-related services includes: a) Life, health and pension/annuities b) insurance c) Non-life insurance d) Reinsurance e) Services auxiliary to insurance This sub-sector limitation on cross-border supply is unbounded except for reinsurance; international marina, aviation and transport insurance; and brokerage for large scale commercial risks, international marina, aviation and transport insurance, and reinsurance. The limitation on market access for consumption abroad is unbound for brokerage and none for others. Limitations on market access for commercial presence are classified in: a) Form on establishment; b) Business Scope; and c) Licences. Details of this limitations, including on national treatment are included in the below table. The presence of natural persons is unbound except as indicated in horizontal commitments. The sub-sector of banking and other financial services includes the following services: a) Acceptance of deposits and other repayable funds from the public; b) Lending of all types, including consumer credit, mortgage credit, factoring and financing of commercial transaction; c) Financial leasing; d) All payment and money transmission services, including credit, charge and debit cards, travellers cheques and bankers drafts (including import and export settlement); e) Guarantees and commitments; f) Trading for own account or for account of customers: foreign exchange. The limitation on cross-border supply for this sub-sector is unbounded except for: provision and transfer of financial information, and financial data processing and related software by suppliers of other financial services; Advisory, intermediation and other auxiliary financial services on all activities listed in subparagraph (a) through (k), including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy. There is no limitation on consumption abroad. Limitations on market access for commercial presence are classified in: a) Geographic coverage; b) Clients; and c) Licensing. Details of this limitations, including on national treatment are included in the below table. The presence of natural persons is unbound except as indicated in horizontal commitments. The sub-sector of motor vehicle financing by non-bank financial institutions provisions establish no limits on consumption abroad and commercial presence. The presence of natural persons is unbound except as indicated in horizontal commitments. In the provisions of the sub-sector of other financial services listed: (k) and (l), there are no limitation for cross-border supply and consumption abroad. The presence of natural persons is unbound except as indicated in horizontal commitments. In regards to the commercial presence, the criteria for authorisation to deal in China’s financial services sector are solely prudential. Branches of institutions of Australia are permitted. 43 Table 3.13 5. Financial Services a. All insurance and insurance-related services Modes of supply Limitations on market access Limitation on national treatment Cross-border supply Unbound except for: None (a) reinsurance; (b) international marine, aviation, and transport insurance; and (c) brokerage for large scale commercial risks, international marine, aviation and transport insurance, and reinsurance. Consumption abroad Unbound for brokerage. Other, none. None Commercial presence A. Form of establishment None, except for: Non-life insurers of Australia are permitted to establish as a branch or as a wholly-owned subsidiary; i.e., with no form of establishment restrictions. - Insurance institutions of Australia shall not engage in the statutory insurance business, except that insurance institutions of Australia are permitted to undertake third party auto liability insurance. Life insurers of Australia are permitted 50 percent foreign ownership in a joint venture with the partner of their choice. The joint venture partners can freely agree the terms of their engagement, provided they remain within the limits of the commitments contained in this Schedule. For brokerage for insurance of large scale commercial risks and brokerage for reinsurance and brokerage for international marine, aviation, and transport insurance and reinsurance: wholly foreignowned subsidiaries are permitted. For other brokerage services: Unbound. Internal branching is permitted for insurance firms of Australia which have established joint venture insurance companies or wholly owned subsidiaries in China. Internal branching is permitted for brokerage for insurance of large scale commercial risks and brokerage for reinsurance and brokerage for international 44 marine, aviation, and transport insurance and reinsurance which have established wholly foreignowned subsidiaries in China. B. Business Scope Non-life insurers of Australia are permitted to provide “Master policy” (see Attachment 3) insurance/insurance of large scale commercial risks, which has no geographic restrictions. In accordance with national treatment, insurance brokers of Australia are permitted to provide “Master policy” no later than Chinese brokers, under conditions no less favourable. Non-life insurers of Australia are permitted to provide the full range of non-life insurance services to both foreign and domestic clients. Insurers of Australia are permitted to provide health insurance, individual/group insurance and pension/annuities insurance to foreigners and Chinese. Insurers of Australia are permitted to provide reinsurance services for life and non-life insurance as a branch, joint venture, or wholly foreign-owned subsidiary, without geographic or quantitative restrictions on the number of licences issued. C. Licences Licences will be issued with no economic needs test or quantitative limits on licences. Qualifications for establishing an insurance institution of Australia are as follows: - the investor shall be an insurance company of Australia with more than 30 years of establishment experience in a WTO Member; - it shall have a representative office for two consecutive years in China; - it shall have total assets of more than US$ 5 billion at the end of the 45 year prior to application, except for insurance brokers. Insurance brokers shall have total assets of more than US$ 200 million. Presence of natural persons Unbound except as indicated in horizontal commitments. Unbound except as indicated in horizontal commitments. 46 Table 3.14 7. Financial Services b. Banking and other financial services Modes of supply Cross-border supply Limitations on market access Unbound following: except for Limitation on national treatment the None - Provision and transfer of financial information, and financial data processing and related software by suppliers of other financial services; - Advisory, intermediation and other auxiliary financial services on all activities listed in subparagraphs (a) through (k), including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy. Consumption abroad None None Commercial presence A. Geographic coverage Except for prudential measures, foreign financial institutions may do business, without restrictions or meed for case-by-case approval, with foreign-invested enterprises, non-Chinese natural persons, Chinese natural persons and Chinese enterprises. Otherwise, none. For foreign currency and local currency business, there is no geographic restriction. B. Clients For foreign currency business, financial institutions of Australia are permitted to provide services in China without restriction as to clients. For local currency business, financial institutions of Australia are permitted to provide services to Chinese enterprises. Financial institutions of Australia are permitted to provide services to all Chinese clients. Financial institutions of Australia licensed for local currency business in one region of China may service clients in any other region. C. Licensing Criteria for authorisation to deal in China’s financial services sector are solely prudential (i.e., contain no economic needs test or quantitative limits on licences). Financial institutions of Australia who meet the following condition are permitted to establish a subsidiary of a bank of Australia in China: 47 - total assets of more than US$ 10 billion at the end of the year prior to filing the application. Financial institutions of Australia who meet the following condition are permitted to establish a branch of a bank of Australia in China: - total assets of more than US$ 20 billion at the end of the year prior to filing the application. Financial institutions of Australia who meet the following condition are permitted to establish a Chinese-foreign joint bank in China: - total assets of more than US$ 10 billion at the end of the year prior to filing the application. Qualifications for financial institutions of Australia to engage in local currency business are as follows: - one year business operation in China prior to the application, otherwise, none. Presence of natural persons Unbound except as indicated in horizontal commitments. Unbound except as indicated in horizontal commitments. Additional commitment for Banking and other financial services: “For financial leasing services, financial leasing corporations of Australia will be permitted to provide financial leasing service at the same time as domestic corporations.” Table 3.15 7. Financial Services a. Motor vehicle financing by non-bank financial institutions Modes of supply Limitations on market access Limitation on national treatment Cross-border supply Unbound except for the following: Unbound - Provision and transfer of financial information, and financial data processing and related software by suppliers of other financial services; - Advisory, intermediation and other auxiliary financial services on all activities listed in subparagraphs (a) through (k), including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy. Consumption abroad None None Commercial presence None None Presence of natural persons Unbound except as indicated in horizontal commitments. Unbound except as indicated in horizontal commitments. 48 49 Table 3.16 7. Financial Services a. Other financial services as listed below: i. Provision and transfer of financial information, and financial data processing and related software by suppliers of other financial services; ii. Advisory, intermediation and other auxiliary financial services on all activities listed in subparagraphs (a) through (k), including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy. Modes of supply Limitations on market access Limitation on national treatment Cross-border supply None None Consumption abroad None None Commercial presence None. Criteria for authorization to deal in China's financial services sector are solely prudential (i.e., contain no economic needs test or quantitative limits on licenses). Branches of Korean institutions are permitted. None Presence of natural persons Unbound except as indicated in horizontal commitments. Unbound except as indicated in horizontal commitments. Opportunities for SA: Financial Planning The population of China is ageing, and it is well known that the distribution of the population compared to other developing countries is much older for its stage of development, in part due to China’s one child policy. The provision of retirement income for this population is imperative. We expect a shift to self-reliance in this respect, and expect Chinese households will be making this provision. This means growing demand for wealth management services and financial advice, especially for saving for retirement. Related to this will be growth in demand for health services for an ageing population, including the contingent planning for funding therefor funding. Financial planning of this nature is referred to as non-life, pension insurance, and is associated also with health insurance, in China’s commitments under the financial services chapter of ChAFTA. Australian entities can establish a Chinese entity as a wholly owned subsidiary or a branch office, without restriction. The provision of wealth management services is supported by a community of advisers. Adelaide has considerable expertise in this area, indeed SA could be described as the capital of this industry, as home of the hosting the Self-Managed Super Fund Association (SMSFA). SMSFA has argued that success in the delivery of these services requires a professional community of advisers. There is an alliance therefore with the education sector to deliver the education required to build and maintain this professional community, with potential growth sparked by Chinese demand creating flow-on opportunities in South Australia. 50 SMSF China has two demographic characteristics that, leveraged with the benefits under ChAFTA, make the superannuation advisory industry a key area for potential growth: An exponentially growing middle-class, and a large, aging population. China’s growing and aging middle-class will hold a significant and growing percentage of the world’s financial assets in the coming years. Australia has the recognised expertise to advise on investment, distinguishing itself in the region and ranked as a world leader in pension systems in the Mercer Global Pension Index. According to SMSFA CEO Angela Slattery, “There will be opportunities across a range of services, including financial advice; fund administration; system design; retirement income policy expertise; and complex data storage, security and management.” “It will be imperative for these industries to offer world best practices to convert this opportunity. This can only be achieved by all industry participants maintaining a focus on increased professionalism and higher educational standards across both the superannuation and financial services sectors.” South Australia is home of the SMSFA and the International Centre for Financial Services (ICFS) at the University of Adelaide. The South Australian Government should encourage and enable this body of expertise and educational platform to grow and remain based in Adelaide, promoting South Australia a recognized centre of excellence in the field across Australasia. Sources: SMSFA; Shed Media (on behalf of SMSFA); ICFS, University of Adelaide 51 3.3.6 Health Related and Social Services (services for the aged) The provisions on ChAFTA in regards to the health related and social services sector includes the following services: a) Hospital services; and b) Services for the aged The limitations on market access and on national treatment for cross-border supply and consumption abroad are unbound for both hospital services and services for the aged. In the hospital services provisions, traditional Chinese medicine hospital are excluded and the commercial presence of qualified service suppliers of Australia are permitted, in form of wholly foreignowned hospital by constitution or acquisition, in specific provinces, namely Beijing, Tianjin, Shanghai, Jiangsu, Fujian, Guangdong and Hainan. In the services for the aged sector, commercial presence of service suppliers of Australia is permitted in form of wholly foreign-owned profit-making institutions. The presence of natural persons is unbound except as indicated in horizontal commitments in both subsectors. Table 3.17 8. Health Related and Social Services a. Hospital services (excluding Traditional Chinese Medicine hospitals) Modes of supply Limitations on market access Limitation on national treatment Cross-border supply Unbound Unbound Consumption abroad Unbound Unbound Commercial presence Presence of natural persons Qualified service suppliers of Australia are permitted to establish wholly foreign-owned hospitals by constitution or acquisition in Beijing, Tianjin, Shanghai, Jiangsu, Fujian, Guangdong and Hainan province. The establishment procedures, practice registration, diagnosis and treatment activities of such hospitals are subject to Chinese laws, regulations and rules, and the relevant rules of the abovementioned areas on foreign investment in hospitals shall be applied as well. Unbound except as indicated in horizontal commitments. Unbound Unbound except as indicated in horizontal commitments. 52 Table 3.18 8. Health Related and Social Services b. Social services (services for the aged) Modes of supply Limitations on market access Limitation on national treatment Cross-border supply Unbound Unbound Consumption abroad Unbound Unbound Commercial presence Service suppliers of Australia are permitted to establish wholly foreign -owned profit-making institutions for the aged in China. Unbound Presence of natural persons Unbound except as indicated in horizontal commitments. Unbound except as indicated in horizontal commitments. Opportunities for SA: The health care and aged care opportunities for South Australia under ChAFTA are unprecedented in China’s trade relations. Australians can open hospitals across some of the most populous regions of China, and can open and operate for profit aged care facilities across all of China. With an ageing population, and a smaller young generation due to China’s one-child policy, the Chinese are starting to privately plan for their future health and aged care needs, catering to the health, welfare and comfort needs of a wealthier and burgeoning Chinese middle class. Furthermore, Australian medical and dental professionals can enter into joint ventures and partnerships with Chinese practices and partners in China, providing mobility and new export opportunities for Australian practitioners. 3.3.7 Tourism and Travel Related Services Sector The provisions on this sector include: a) Hotels (including apartment buildings) and Restaurants; and b) Travel Agency and Tour Operator There are no limitations on cross-border supply and consumption abroad for both sub-sectors. In regards to commercial presence, in both sub-sectors wholly foreign-owned subsidiaries are permitted. Specifically to hotels and restaurants sub-sector, service suppliers of Australia are permitted to construct, renovate and operate hotel and restaurant establishments in China. For travel agency and tour operator services, suppliers of Australia in form of joint venture or wholly foreign-owned travel agencies and tour operators are not permitted to engage in the activities of Chinese travelling abroad and to Hong Kong China, Macao China and Chinese Taipei. For both sub-sectors, the presence of natural persons is unbound except as indicate in horizontal commitments. Additional information on these sector’s provisions is available in the below tables. 53 Table 3.19 9. Tourism and Travel Related Services a. Hotels (including apartment buildings) and Restaurants Modes of supply Limitations on market access Limitation on national treatment Cross-border supply None None Consumption abroad None None Commercial presence Services suppliers of Australia may construct, renovate and operate hotel and restaurant establishments in China. Wholly foreign-owned subsidiaries are permitted. None Presence of natural persons Service suppliers of Australia are permitted to establish wholly foreign -owned profit-making institutions for the aged in China. Service suppliers of Australia are permitted to establish wholly foreign -owned profit-making institutions for the aged in China. Table 3.20 9. Tourism and Travel Related Services b. Travel Agency and Tour Operator Modes of supply Limitations on market access Limitation on national treatment Cross-border supply None None Consumption abroad None None Commercial presence Wholly foreign-owned subsidiaries are permitted None, except that joint ventures or wholly foreign-owned travel agencies and tour operators are not permitted to engage in the activities of Chinese travelling abroad and to Hong Kong China, Macao China and Chinese Taipei. Presence of natural persons Unbound except as indicated in horizontal commitments. Unbound except as indicated in horizontal commitments. Opportunities for SA: The Chinese tourism services market is also one of the most important services markets for South Australia, with the number of visitors to South Australia rising from 4,300 in 2003-04 (comprising 2% of all Chinese visitors to Australia during the period), to 27,000 Chinese visitors in the year ending in March 2014 and 33,000 visitors during the year ending in March 2015 (comprising 4% of the total Chinese visitors to Australia during those respective periods). On average between 2012 and 2014, this attracted $126 million per year in income from Chinese inbound tourism, with an average of 1.625 million nights stayed in South Australia. Income from Chinese inbound tourism was $157 million in the year ending March 2015. Approximately 99% of Chinese visitors to South Australia spend nights in Adelaide over the period of 2012-14, while 83% of the total nights stayed by all foreign visitors were spent in Adelaide during the year ending in March 2015. During the same period, the Limestone Coast received 12% of the total foreign visits, Kangaroo Island 10%, while those destinations attracted 4% and 3% of Chinese visitors, respectively. The travel logistics for Chinese travellers depend largely on Chinese tour and travel operators in Adelaide, in liaison with key distribution partners in China. While the ChAFTA does allow Australian wholly owned and joint venture travel and tour service operations to be established in China, it has 54 restricted national treatment for those operations in that they cannot engage in the activities of Chinese national travelling abroad or to Hong Kong, Macau or Chinese Taipei. Accordingly, for the attraction of inbound Chinese tourists, South Australia will need to continue to depend upon key distribution partners in China who are Chinese owned travel and tour services operators. However, a new market of Chinese domestic travellers and Australian and other inbound foreign travellers to China, will be open to Australian participation in the domestic Chinese travel industry. Keeping the Profits in China Unfortunately, ChAFTA does not provide Australian travel services industries access to Chinese consumers for purposes of travel out of China. Couple this with the majority of tourist travel purchased as a part of a package, and the result is a significant portion of the profits made remain with the travel services operators in China, who collect the up-front fee, and negotiate deals with Australian services providers that will allow the Chinese travel agent to retain the maximum profit. The Government of South Australia should brief the Commonwealth Government of this imbalance in the agreement, and suggest more work be done to allow Australian service providers to capture more tourist revenue, as well as being able to offer Chinese tourists a broader range of quality services on competitive terms. Australians will have access to the Chinese market for the construction, maintenance and operation of hotels and restaurants in China under ChAFTA, with national treatment afforded in this area, subject to horizontal commitments on the movement of persons. With South Australia’s emphasis to the Chinese tourism market being on wine, food and the aesthetic natural beauty of the state, there may be an opportunity for South Australian themed services, restaurants in particular, to showcase the strong attributes of the state, and attract not only local customers in China, but encourage interest in South Australian tourism by showcasing wine and food, as well as offering a representation of the South Australian lifestyle ideal. Themed Wine and Food Offerings in China The wine industry has been a leader in market promotion and premiumisation, including in China. One mechanism that has arisen is the opening of cellar door facilities and/or wine bar operations in China. In particular, two South Australian wineries, Bird in Hand and Tomich, have opened cellar door operations in China, with the intent of brand building and market promotion, and taking advantage of the trend of double-digit growth in the Chinese premium wine market. Bird in Hand alone is now exporting over 20,000 cases per year to China, over 10% of their total production, and hopes to see continued rapid growth due to its strategy of coupling premium product with a physical presence and continuing education of the local consumer base. Tomich has gone further, leveraging its relationships built exporting wine, to recently entering into a deal worth an estimated $500million, to export wine and food to be distributed by a Chinese supermarket chain, in store aisles dedicated to selling “famous Australian brands.” As demonstrated, the concept of premiumisation and market promotion in food and beverage sectors goes beyond wine. Further, the ventures thus far pioneered and described above are for-profit, commercial ventures, both of which have met with success. The South Australian Government, in promoting South Australian food and beverages, can support such outreach into China. As this type of operation is a commercial venture, the support given by the South Australian Government can be limited as appropriate, and the venture can even become self-sustaining, depending upon its commercial success. Market access, start-up and promotion expenses might be some areas where a contribution can be made, and given the right industry partner, cellar door operations and restaurants featuring premium South Australian products could achieve both commercial success and the governmental goal of opening markets and creating awareness of and demand for premium South Australian products, including the pairing and close promotion of quality food and wine. Sources: Bird in Hand; Tomich Wines 55 Table 3.21 South Australia Holiday VFR Business Other Total Visits 9,000 7,000 3,000 7,000 25,000 Nights 85,000 283,000 112,000 1,144,000 1,625,000 9 40 37 163 65 Average Length of Stay (nights) Expenditure $126,000,000 Data is based on a 3 year average for the years ending June 2012 to June 2014 for all purpose visitors. Source: Tourism SA, 2015. 3.4 Foreign Direct Investment ChAFTA creates incentive for FDI in two ways. ChAFTA creates comparative advantages for both China and Australia, both of which may attract FDI. ChAFTA also facilitates FDI by liberalising the regulatory framework governing FDI between Australia and China. South Australia can benefit from both inbound and outbound FDI opportunities under ChAFTA, based again on the combination of sectoral comparative advantage and liberalised rules on FDI. 3.4.1 FDI in China: Foreign Direct Investments: China’s Foreign Investment Industries Guidance Catalogue Overview The foreign direct investment in China is regulated by the Foreign Investment Industries Guidance Catalogue (the “FDI Catalogue”). It classifies foreign investment projects in three sectors: encouraged, restricted and prohibited industrial sectors. The FDI Catalogue also regulates restrictions on forms of investment and/or shareholding proportion. Foreign investment industries not included in the FDI Catalogue will be considered permitted. (Minter Ellison 2015, p.2) The latest version of the FDI Catalogue, amended in 2015, narrowed down the number of foreign investment projects under the restricted category from 79 to 38. It decreased from 43 to 15 the number of projects requiring the invested enterprises to adopt the form of Sino-foreign equity/cooperation joint ventures (“EJV/CJV”) and from 44 to 35 the number of projects requiring majority shareholding by Chinese parties. Nevertheless, manufacturing industries and service industries, including logistics, retail/wholesale, e-commerce and finance had their restrictions increased in the 2015 version. (Minter Ellison 2015, p.2) According to the National Development and Reform Commission (NDRC), one of the aims of the 2015 version is to prepare the FDI Catalogue for a smooth transition to the future ‘negative list’ approach, which is expected to be adopted when a new Foreign Investment Law is promulgated in the near future. The 2015 version has some provisions that are inconsistent or contradict with other regulations and rules, which will require some explanations and clarifications from the government while implementing it. (Minter Ellison 2015, p.2) The Catalogue for the Guidance of Foreign Industries (Amended in 2015) is available on the FDI Invest in China website <http://www.fdi.gov.cn/1800000121_39_4830_0_7.html>. Industry sectors included The FDI Catalogue (2015) includes twelve industry sectors in the Encouraged Foreign Investment Industries list; fourteen in the Restricted Foreign Investment Industries list; and thirteen in the Prohibited Foreign Investment Industries list. Nevertheless, the Manufacturing Industries sector in the Encouraged Foreign Investment Industries list comprehend 24 subsectors, while Manufacturing Industries sector in the Prohibited Foreign Investment Industries list includes only four subsectors. The sectors included in the Chinese Foreign Investment Industries Guidance Catalogue are described below. The full description of the sectors and its specific activities included on the FDI Catalogue in attached on Annex I. 56 Foreign Investment in Restricted Industries “There is no standard process for approval of foreign investment in industries that fall under the restricted category of the Catalogue Guiding Foreign Investment”. The actual practice depends on the industry and investment scale. Usually, requests are submitted to a prerequisite approval process with the industry’s administration authority, accordingly to the specific related industry. For example, a biotech company would likely to go through a prerequisite approval process with the Ministry of Health before requesting approval from other agencies. Further on, the company would request approval from the Ministry of Commerce (MOFCOM) and the National Development and Reform Commission (NDRC) or other local counterparts, depending on the size of the investment. (Jiang 2013) The number of government agencies involved in the foreign investment in restricted industries varies according to the industry and the amount of investment. Nevertheless, usually the investor should work first with the industry administration authority. (Jiang 2013) Basic Approval Process By the time an industry administration authority approves and investment, usually the company then obtains approval from NDRC and MOFCOM. In this case, approval should be first requested from NDRC than from MOFCOM because MOFCOM only approves requests that have been approved by other agencies first. Again, the investment value and its industry will determine whether the approval is needed from the national agency or its local counterparts. (Jiang 2013) National Development and Reform Commission (NDRC) approval The NDRC is responsible to assess whether an investment correlates with the industry policies and economic development goals. The NDRC rules determines that approvals for investment projects in the restricted category under $50 million should be analysed by provincial NDRC offices, approvals for investment projects in the restricted category between $50 million and $100 million should be assessed by the national-level NDRC and investment projects in the restricted category for more than $100 million should be analysed by the State Council. (Jiang 2013) As an example, a company in Shanghai which wants to invest less than $50 million in a restricted industry would need and approval from the Development and Reform Commission in Shanghai. If the investment project was more than $50 million, the project application should be submitted to the national level of NDRC. After obtaining the approval from NDRC, the company would be able to submit the contract and articles of association to be approved by MOFCOM. (Jiang 2013) Ministry of Commerce (MOFCOM) approval The MOFCOM approval process focuses on document requirements and general considerations, e.g., environmental impact and land use. For investment higher than %50 million in restricted industries the investor needs to submit an application to provincial MOFCOM branches, which, after any clarification needed, will send the documents to MOFCOM review and approval. This approval process in MOFCOM usually takes up to three months. After approved, the Commerce Commission (Provincial MOFCOM branches) will notify the investor. However, it is important to note that approval from other agencies must be obtained before MOFCOM’s approval. (Jiang 2013) 57 Projects worth less than $50 million in restricted industries can be approved by the provincial commerce departments without sending applications to MOFCOM, which makes the approval process less expensive, less time consuming and more flexible. Access to local officials involved in the approval process would be easier than in the case in a national-level approval process. Nevertheless, companies must apply to agencies that work with them directly, independently of the level of approval is required. (Jiang 2013) Approval times The specificity of the approval, such as approval authorities involved, documentation requirements and other operation conditions in restricted industries will determine the time frame of the whole approval procedure. It was reported that if there is no complication within the approval process, it takes around one year to be concluded. However, if the number of agencies involved in the process and/or any agency requires further documentation, the approval process often takes longer. Approvals procedures for foreign investment projects within the western China appear to be a little quicker due to the interest of Chinese Government in attracting more foreign investment to interior provinces. (Jiang 2013) 3.4.2 FDI in ChAFTA: Chapter 9 Investment The foreign direct investment on ChAFTA is set in two-stage approaches: 1. Commitments on entry-into-force; and 2. Forward work program The first-stage approach, commitments on entry-into-force, includes provisions on basic market access and on the establishment of a committee on investment and a forward work program. Part of Australia’s commitments includes the more liberal Foreign Investment Review Board (FIRB) screening the threshold. The second stage, forward work program, includes the commitment to commerce negotiations for comprehensive investment chapter in the future, which includes comprehensive investment protections and China’s investment market access commitments within three years of the FTA entered into force. (Department of Foreign Affairs and Trade – Australian Government n.d.) Both Parties committed in the investment chapter to non- discriminatory treatment of the other Party’s investors and investments (national treatment). Subject to Australia’s schedules of non-conforming measures, the national treatment obligations by Australia apply the market access and postestablishment investment stages. For China, in the absence of investment schedules, national treatment obligation applies exclusively to established investments. Both parties are also committed to MFN treatment at the market access and post-establishment stages, which entitles Australian investors to treatment no less favourable than that which China accords to other foreign investors under any future investment arrangements. (Department of Foreign Affairs and Trade – Australian Government n.d.) In the need to enforce the national treatment commitments, Australian and Chinese investors are able to use an investor-state dispute settlement (ISD) mechanism, which excludes claims in regards to screening of foreign investment and includes modern safeguards and exceptions to retain policy space for legitimate public welfare regulation. The code of conduct applicable to arbitrators in ISDS proceedings in established on Annex 9-A, and the specification on the Parties’ addresses for the service of documents is set on Annex 9-B of the Agreement. (Department of Foreign Affairs and Trade – Australian Government n.d.) The following are provisions from the ChAFTA Agreement: Australia’s Commitment Australia’s commitments on foreign investment under the ChAFTA are established on Annex III, part 1: Schedule of non-conforming measures on trade in services and investments: 58 “A. The following investments9 may be subject to objections by the Australian Government and may also require notification to the Government: (a) Investment by foreign persons10 of five per cent or more in the media sector, regardless of the value of the investment; (b) Investments by foreign persons in existing11 Australian businesses, or prescribed corporations 12, the value of whose assets exceeds 252 million13 Australian Dollars in the following sectors: (i). The telecommunication sector; (ii). The transport sector, including airports, port facilities, rail infrastructure, international and domestic aviation and shipping services provided either within, or to and from, Australia; (iii). The supply of training or human resources, or the manufacture or supply of military goods, equipment, or technology, to the Australian or other defence forces; (iv). The manufacture or supply of goods, equipment or technologies able to be used for military purpose; (v). The development, manufacture or supply of, or provision of services relating to, encryption and security technologies and communication systems; and (vi). The extraction of (or rights to extract) uranium or plutonium, or the operation of nuclear facilities; (c) Investments by foreign persons in existing Australian businesses, or prescribed corporations, in all other sectors, excluding financial sector companies 14, the value of whose total assets exceeds 1094 million15 Australian Dollars; “Investments” means activities covered by Part II of Foreign Acquisitions and Takeovers Act 1975 (Cth) (FATA) or, where applicable, ministerial statements on foreign investment policy. Funding arrangements that include debt instruments having quasi-equity characteristics will be treated as direct foreign investments. 10 A “foreign person” means, as defined in section 5 of the FATA: (a) A natural person not ordinarily resident in Australia; (b) A corporation in which a natural person not ordinarily resident in Australia or a foreign corporation holds a controlling interest; (c) A corporation in which two or more persons, each of whom is either a natural person no ordinarily resident in Australia or a foreign corporation, hold the aggregate controlling interest; (d) The trustee of a trust estate in which a natural person not ordinarily resident in Australia or a foreign corporation holds a substantial interest; or (e) The trustee of a trust estate in which two or more persons, each of whom is either a natural person not ordinarily resident in Australia or a foreign corporation, hold an aggregate substantial interest. 11 For the purpose of this entry, “existing’ means in existence at the time the investment is proposed or made. 12 For the purpose of this entry, “prescribed corporation” means: (a) A trading corporation; (b) A financial corporation; (c) A corporation incorporated in a Territory under the law in force in that Territory relating to companies; (d) A foreign corporation that, on its last accounting date, held assets the sum of the values of which exceeded 252 million Australian Dollars (for item (b) of the entry) or 1094 million Australian Dollars (for item (c) of the entry), being assets consisting of all or any of the following: (i). Land situated in Australia (including legal and equitable interests in such land); (ii). Mineral rights; (iii). Shares in a corporation incorporated in Australia; (e) A foreign corporation that was, on its last accounting date, a holding corporation of an Australian corporation or Australian corporations, where the sum of the values on that date of the assets of the Australian corporation or Australian corporations exceeded 252 million Australian Dollars (for item (b) of the entry) or 1094 million Australian Dollars (for item (c) of the entry); (f) A corporation that was, on its last accounting date, a holding corporation of a foreign corporation referred to in paragraph (d) or (e) of this footnote; (g) A foreign corporation that, on its last accounting date, held assets of a kind or kinds referred to in paragraph (d) of this footnote, where the sum of the values on that date of those assets was not less than one-half of the sum of the values on that date of the assets of the foreign corporation and of all the subsidiaries of that corporation; or (h) A foreign corporation that was, on its last accounting date, a holding corporation of an Australian corporation or Australian corporations, where the sum of the values on that date of the assets of that Australian corporation or those Australian corporations was not less than one-half of the sum of the values on that date of the assets of the foreign corporation and of all the subsidiaries of that corporation. 13 This figure as at 1 January 2015. To be indexed on 1 January each year to the GDP implicit price deflator in the Australian National Accounts for the previous financial year. If the Agreement has not entered into force by 1 January 2016, this figure will be indexed on the date of entry into force. 14 A “financial sector company” means, as defined in section 3 of the Financial Sector (Shareholdings) Act 1998 (Cth): (a) An authorised deposit-taking institution; or (b) An authorised insurance company; or (c) A holding company of a company covered by paragraph (a) or (b) of this footnote. 15 This figure as at 1 January 2015. To be indexed on 1 January each year to the GDP implicit price deflator in the Australian National Accounts for the previous financial year. If the Agreement has not entered into force by 1 January 2016, this figure will be indexed on the date of entry into force. 9 59 (d) Acquisitions by foreign persons of developed non-residential commercial real estate valued at more than 1094 million Australian Dollars; (e) Direct investments by foreign government investors, irrespective of size Notified investments may be refused, subject to interim orders, and/or approved subject to compliance with certain conditions. Investment referred to in (a) through (e) for which no notifications is required or received may be subject to orders under Sections 18 through 21 and 21A of the FATA.” “B. The acquisition of a stake in an existing financial sector company by a foreign investor, or entry into and arrangement by a foreign investor, that would lead to an unacceptable shareholding situation or to practical control16 of an existing financial sector company, may be refused, or be subject to certain conditions17.” “C. In addition to the measures identified in the entry, other entries in Section A or Section B set out additional non-conforming measures imposing specific limits on, or requirements relating to, foreign investment in the following areas: (a) (b) (c) (d) (e) (f) (g) (h) (i) Telstra; Commonwealth Serum Laboratories; Qantas Airways Ltd; Australian international airlines, other than Qantas; Urban land; Agricultural land; Agribusiness Federal leased airports; and Shipping.” Queensland “Certain leases (obtained at ballot), and other leases at the discretion of the Minister, may be subject to a condition that the lessee personally lives on the lease for the first seven years of its term.” “While all changes to ownership of land must be registered, there is an additional duty on foreign land holders to disclose, through a prescribed notification, present interests in and acquisitions of land, disposal of interests in land and notification on ceasing to be or becoming a foreign person.” “Failure to provide the information causes a breach of the Act that may result in prosecution, the imposition of financial penalties and/or forfeiture of the interest in the land to the Crown.” China’s Commitment on Foreign Investment China’s commitments on foreign investment under the ChAFTA are established on Annex III, part 2: schedule of the People’s Republic of China on specific commitments on services: “In China, foreign invested enterprises include foreign capital enterprises (also referred to as wholly foreign-owned enterprises) and joint venture enterprises and there are two types of joint venture enterprises: equity joint ventures and contractual joint ventures. 18” “The proportion of foreign investment in an equity joint venture shall be no less than 25 per cent of the registered capital of the joint venture.” “The establishment of branches by enterprises of Australia is unbound, unless otherwise indicated in specific sub-sectors, as the laws and regulations on branches of foreign enterprises are under formulation.” “The land in the People’s Republic of China is State-owned. Use of land by enterprises and individuals are subject to the following maximum term limitations: (a) 70 years for residential purposes; (b) 50 years for industrial purposes; (c) 50 year for the purpose of education, science, culture, public health and physical education; “Unacceptable shareholding situation” and “practical control” as defined in the Financial Sector (Shareholdings) Act 1998 (Cth). Ministerial statements on foreign investment policy including the Treasurer’s Press Release No. 28 of 9 April 1997. 18 The terms of the contract, concluded in accordance with China’s laws, regulations and other measures, establishing a “contractual joint venture” govern matters such as the manner of operation and management of the joint venture as well as the investment or other contributions of the joint venture parties. Equity participation by all parties to the contractual joint venture is not required, but is determined pursuant to the joint venture contract. “Foreign invested enterprise” in this Schedule means a foreign invested enterprise duly constituted or otherwise organised under “Law on Chinese-Foreign Equity Joint Venture”, “Law on Chinese-Foreign Contractual Joint Ventures” and “Law on Foreign-Capital Enterprises”. 16 17 60 (d) 40 years for commercial, tourist and recreational purpose; (e) 50 years for comprehensive utilisation or other purpose.” The commitments on foreign investment set on the other compared trade agreements involving China are include in appendix (Annex 2). 3.5 Chinese Free Trade Zones 3.5.1 Shanghai Free Trade Zone (SFTZ) The Shanghai Free Trade Zone (FTZ) is integrated into the body of the ChAFTA by reference in many provisions, including those related to services commitments. Accordingly, in order to take full advantage of the ChAFTA, Australian businesses will need to understand how the FTZ relates to their activities, how they operate administratively, and what advantages are offered compared to what restrictions still exist. “Since it was established on September 29, 2013, the China (Shanghai) Pilot Free Trade Zone (FTZ) has carried out institutional reform and innovation in areas of investment, foreign trade, finance and post-filing supervision to form a legal framework for investment and trade within the zone. It has adopted the negative list for investment management, simplified foreign trade supervision procedures, promoted financial system reform to realize RMB capital account convertibility, and advocated post-filing supervision as a way to transform government functions.” (Government of China n.d.) On December 28, 2014 the Shanghai FTZ was expanded nationwide, which included Guangdong, Tianjin and Fujian as free trade zones. “It approved the expansion of Shanghai FTZ by incorporating Lujiazui Financial Area, Jinqiao Export Processing Zone, and Zhangjiang high Tech Park, enlarging the FTZ from 28.78 square kilometres to 120.72 square kilometres to provide more space for reform trials.” (Government of China n.d.) Importantly, the Shanghai FTZ has not only recently expanded in its own right, but three new pilot Free Trade Zones have been announced, in Guangdong, Tianjin and Fujian. Each of these can be exploited by Australian enterprises, and offer different options which may create further opportunities. ChAFTA and SFTZ relationship ChAFTA will guarantee access to Australian firms to establish commercial association within the Shanghai Free Trade Zone (SFTZ). Examples of this access guarantee are: Legal services “In addition to guaranteeing existing access for Australian law firms in China, ChAFTA also guarantees to allow Australian law firms the ability to establish commercial association with Chinese law firms in the Shanghai Free Trade Zone (SFTZ). These commercial associations will be able to offer Australian, Chinese and international legal services, without restrictions on where clients are located.” (Department of Foreign Affairs and Trade – Australian Government 2015) Telecommunication services “China has provided its most extensive telecommunications commitments in any Agreement to date, including guaranteeing market access for Australian companies investing in specified value-added telecommunication services in the SFTZ. These commitments provide greater certainty for Australian telecommunications investments in the SFTZ.” (Department of Foreign Affairs and Trade – Australian Government 2015) “Australian-owned enterprises will also enjoy guaranteed access to participate in joint ventures in the SFTZ to supply online data and transaction processing services, with increased equity participation of up to 55 per cent permitted.” (Department of Foreign Affairs and Trade – Australian Government 2015) Health and aged care services 61 “In best-ever commitments, China has committed the Australian medical services suppliers are able to establish wholly Australian-owned hospitals in China”, including in Shanghai. (Department of Foreign Affairs and Trade – Australian Government 2015) Construction and engineering services “Under ChAFTA, China has guaranteed market access to Australian companies established in the SFTZ and undertaking joint construction projects with Chinese counterparts in Shanghai. Australian companies will be exempted from business scope restrictions, allowing them to undertake a wide range of commercially meaningful projects.” (Department of Foreign Affairs and Trade – Australian Government 2015) Transport services “Providing the best treatment under any of its FTAs, China will permit Australian maritime transport service suppliers to establish wholly Australian-owned ship management enterprises in the SFTZ” (Department of Foreign Affairs and Trade – Australia Government 2015), “without the need for approval from China’s Ministry of Commerce” (Hinze 2015). 62 63 64 65 The Negative List The Chinese State Council has released, in conjunction with the framework documents setting out the new and expanded FTZs, the Negative List for Foreign Investment. The Negative List went into effect for all FTZs on May 8, 2015. The Negative List sets out restrictions on foreign investment and trade applicable within the FTZs. For all trade not outlined in the document, foreign enterprises will receive National Treatment (the same treatment as Chinese companies). A positive trend has been that the number of special administrative measures on the negative list has fallen, from a 190 in 2013 at the launch of the Shanghai FTZ, to 139 in 2014, to 122 in 2015, an overall 36% reduction. Importantly, the reduction is in some degree both quantitative and qualitative, with cuts intended to pilot trade liberalisation measures. The latest reduction in administrative measures sees further increased access for foreign investment in manufacturing, infrastructure, real estate, wholesale and retail services, IT services, business services and financial services. Foreign Investment National Security Review New in the FTZs is the introduction of a national security review for foreign investment that may impact military-related matters (ie., in close proximity to a military installation), key agricultural products, infrastructure, transport, energy, information technology, culture and equipment manufacture. The review is run by a joint committee of the National Development and Reform Commission and the Ministry of Commerce (MOFCOM). The review will assess the impacts on national security (including impact on the ability to provide essential goods and services), economic stability, social order, culture and morality, internet security and sensitive technology for national defence. Investigations will normally be instigated upon recommendation by the authority administering the FTZ. These reviews will apply to foreign investment where the foreign investor exerts “actual control” over the enterprise, including where over 50% of the shares are held, sufficient voting rights exist to control the board or shareholders, or other circumstances exist that create control over operational decisions, staffing, finance or technology. While imposing, this review exists to enable liberalisation in areas where little or no access was previously permitted, and a stated end result is that even where there is a finding of negative impact, additional undertaking may be taken to remedy the perceived problem, in order to continue with the formation of the enterprise in China. 66 Advantage in multiple FTZ options With the Chinese State Council expanding its FTZ pilot program, Australian investors now have further choices when considering direct entry into the Chinese market. Different FTZs will have different areas of focus, different strengths and different competitive advantages. For example, while Shanghai is a financial hub, it is also one of the most expensive places in China to set up and conduct business. Accordingly, more open access to the Chinese market in a different location may be more attractive to some investors. Below are some of the particular features of each FTZ. Source: Nikkei Asian Review, 08/01/2015 Shanghai FTZ The Shanghai FTZ has now been expanded to include the Lujaizui Financial Area, the Jinqiao Export Processing Zone and the Zhangjiang High Tech Park. The Lujaizui Financial District is the financial services hub of Shanghai, and also includes the Shanghai International Trade Centre and the Shanghai International Shipping Centre. The Zhangjiang High Tech Park is a hub for advanced manufacturing and industrial innovation. The Jinqiao Export Processing Zone is a hub for emerging industries, advanced manufacturing, and in particular includes a focus on “green tech”. This may be an opportunity for partnership and growth for South Australia’s green tech SMEs, including concerning water, irrigation and agricultural technologies, as well as energy. Tianjin FTZ The Tianjin FTZ, including the Nort Port Area of Tianjin Port, Tianjin Airport Area and the Binhai New Area CBD, is at the crossroads of Beijing, Tianjin and Heibe (an area together referred to as Jing-JinJi). The region is set to become a hub in China’s “Belt and Road” initiative, building Beijing’s 7 th ring road to encompass Jing-Jin-Ji, and planning new transportation networks connecting the area to Mongolia and Russia to the north. In 2014 the GDP of Tianjin was approximately US$250billion, with imports and exports from the region reaching over US$90billion. 139 Fortune 500 companies were invested in Binhai in 2014. The proximity of the Tianjin FTZ to China’s neighbours South Korea and Japan also hold potential for Australian businesses. With preferential agreements with China, Japan and South Korea, Australian businesses who establish a presence in the Tianjin FTZ may be able to take advantage of the sought after increase of trade flow between the neighbouring economies, particularly in the provision of services. 67 - The North Port Area will concentrate on services, including transport, logistics, finance and leasing. The Tianjin Airport Area will focus on high end manufacturing, technology and research and development, in areas including information technology, high end design and manufacturing and aerospace. Binhai will focus largely on financial services. Guangdong FTZ The Guangdong FTZ is made up of three regions, the Guangzhou Nansha New Area, Shenzhen Qianhai Development Zone and Zhuhai Hengqin New Area. The Quangdong FTZ is positioned to facilitate economic development and trade between Hong Kong, Macau and mainland China. As the area has been a commercial hub and pathway already, it is a prime location to reach the growing Chinese domestic consumer market. The focus of the area is shifting away from low-end manufacturing to high-end manufacturing and innovative provision of services in order to meet that market demand. Guangzhou Nansha New Area will focus on becoming a services centre and advanced industrial hub. High-end manufacturing, shipping, logistics and financial services will feature. Shenzhen will also focus on services, with technology and information services, and innovation in opening the financial services sector, as well as liberalising the port services. Zhuhai Hengqin New Area will include tourism, high technology, education, culture and health services. Fujian FTZ The Fujian FTZ includes areas in Fuzhou, Xiamen and Pingtan Island. The Fujian FTZ is situated to advance greater economic integration between mainland China and Chinese Taipei (Taiwan). Accordingly, the main focus of the FTZ, beyond industry sectors, is to grow cross-Strait movement of people, capital and trade. Businesses setting up in the Fujian FTZ will benefit from the increase in economic, social and cultural exchange between mainland China and Chinese Taipei. While much of the benefit is aimed at inbound investment from Chinese Taipei, the FTZ is open to Australian businesses and all other trading partners. Significantly, the Fujian FTZ will be the first to implement the online application system for a business license. Under this procedure, the applicant fills in one form, online, in order to apply for a business license, and then (if successful) would only need to collect the license from the administration of the FTZ. If all goes to plan, this will represent a significant simplification of the company set-up process in China. Fuzhou is intended to be a central point along the proposed “Maritime Silk Road.” It will concentrate on trade, finance and high-end manufacturing. Xiamen will focus on shipping, financial services and emerging industries (including service industries). Pingtan Island is designated to become a “common homeland” for people from both mainland China and Chinese Taipei. Accordingly, its focus will be on domestic and international tourism, as well as investment and financial services. The FTZ will also facilitate the movement of personnel between mainland China and Chinese Taipei. 3.6 Labour Mobility ChAFTA, as well as the accompanying MoU on An Investment Facilitation Arrangement and Side Letter on Skills Assessment and Licensing break significant new ground in terms of potential labour mobility between China and Australia. However, there are caveats and procedures that lead to the probability that what has been agreed will result in what might be described as a streamlined procedure for Chinese enterprises to take advantage of existing mechanisms in Australia. Simply put, Chinese enterprises may apply to import skilled and semi-skilled labour in instances where they will be investing in significant infrastructure projects (investment greater than or equal to $150million), and certain service providers may be able to have their credentials and qualifications reviewed pursuant to obtaining a temporary entrant visa (a “457 visa”) under existing regulations. These measures are intended to facilitate significant inbound investment, and to allow the import of services necessary to take full advantage of available technologies and skills (for example, skilled 68 electricians for the specific installation of specialised products imported from China). There is no provision for the specific import of unskilled labour. Chapter 10 of the ChAFTA deals with Movement of Natural Persons, and is mainly concerned with business visitors, corporate officials and installers and service providers. The chapter also allows for entrants under the ChAFTA who will stay for more than 12 months to bring their spouses and dependants. The MoU on an Investment Facilitation Arrangement sets out very specific rules concerning infrastructure projects involving an expected foreign inbound investment of at least $150million over the life of the project. Here, while the MoU does state that there will be no requirement to conduct a labour market analysis to establish an Investment Facilitation Agreement (IFA), labour agreements under the IFA will be implemented under the Department of Immigration’s current project agreement program, which does require labour market analysis. Further, skilled workers are brought in under Australia’s 457 visa, which requires that positions filled under such visas must first be advertised locally. In simple terms, the jobs envisioned as subject to these agreements are solely for infrastructure projects dependent upon significant foreign direct investment from China, and will be regulated under a framework consistent with that which exists currently, with the investor having an expedited path to utilise and achieve those regulatory outcomes. Even more simply, the roles would not exist but for the benefit gained by the significant foreign direct investment from China, and the rules governing the grant of visas for skilled workers have not changed as a result of the ChAFTA. Further, while the language of the various instruments allows for some minor degree in flexibility in implementation, the reality is that any approval by the Department of Immigration and Naturalisation will necessarily not only be subject to regulatory scrutiny, but also to political and public scrutiny as well. Accordingly, any exceptions to current practice will require an exercise of discretion that will require the development of new procedures and protocols that must meet Australian law, and would serve Australian interests in such a demonstrable way as to satisfy political opinion. Recommendation: Codify the pathway described for Chinese migrant labour; give certainty concerning the Australian labour market and remove the boogeyman The issue of labour mobility has been a highly contentious issue under ChAFTA, causing some to balance the optics of the impact on the Australian job market with the overall economic benefits of the ChAFTA. This is largely unnecessary, as ChAFTA is not intended to cause a rift in the Australian labour market. The South Australian Government should recommend to the Commonwealth Government that they codify the pathway for migrant Chinese workers that has been set out when explaining ChAFTA. By codifying processes and procedures to the extent practicable, the mystery and fear surrounding labour mobility will be addressed, while not changing any intended benefits afforded to China under ChAFTA. Source: The Howe Report, University of Adelaide Law School 3.7 Conclusion There are real and substantial opportunities to grow and develop South Australia’s economy under ChAFTA. Concerning goods exports, there are real opportunities for growth in South Australia’s three biggest categories for export to China, meat, beverages (including wine) and mining. However, potential growth can come also from sectors that have heretofore been either inconsequential, underserved or never existed, including metals (particularly lead), and several agricultural products. Services opportunities are in many cases greenfield opportunities for Australian businesses. Financial planning, health and aged care services, education, tourism and creative industries represent just a few sectors where South Australia may enjoy significant benefit. Liberalisation of regulation governing bilateral FDI, coupled with perceived comparative advantage either created under or augmented by ChAFTA, can identify potential opportunities for both inbound and outbound FDI. South Australia has the potential to attract investment where this advantage is present, such as in lead, infrastructure, creative industries, tourism and agriculture. South Australian 69 outbound investment can find potential benefit in sectors including education, tourism (including hotels and restaurants) and health and aged care. A complicated agreement, covering a broad spectrum of specific trade related subject matter, ChAFTA creates a comprehensive framework for bilateral trade that, properly utilised by Government and private stakeholders, has the potential to substantially benefit the South Australian economy. 70 APPENDIX 1: GOODS A. THE GRAVITY MODEL B. REVEALED COMPARATIVE ADVANTAGE C. SOUTH AUSTRALIA’S AGRICULTURE EXPORTS TO CHINA D. AGRICULTURE PROVISION UNDER ChAFTA IN COMPARISON TO OTHER FTAS 71 The Gravity Model In this study we used a standard specification of the gravity model and ABS trade data from 2000, 2004 and 2009-14. The data are classified by the harmonized system, with goods divided into just under 100 groups (“industries”) at the HS 2-digit level, and for finer disaggregation at the HS 6-digit level there are about 5,000 goods (“commodities”). To exclude small flows and zero observations, the dataset covers 27 countries: Australia, China and their 25 top trading partners (Table A1). Table A1 – Countries included in the Gravity Modelling - Australia - Germany - New Zealand - South Africa - Brazil - India - Papua New - Thailand - Canada - Indonesia Guinea - United Arab Emirates - Chile - Italy - Philippines - United Kingdom - China - Japan - Rep. of Korea - USA - Russian - Viet Nam Federation - Hong-Kong - Malaysia - Saudi Arabia - France - Mexico - Singapore Note: “country” refers to trading/customs units that are members of the WTO, and makes no judgment on sovereignty status. The general gravity model (GM) explains bilateral trade between pairs of countries as a function of their real GDP, the distance between the two countries, and other variables. The specification of a general applied GM in log linear form (natural logs) is: 𝑀 𝑋 𝑀 𝑋 𝑙𝑛(𝑋𝑖𝑗𝑡 ) = 𝛼0 + 𝛼1 𝑙𝑛𝑌𝑖𝑗𝑡 + 𝛼2 𝑙𝑛𝑌𝑖𝑗𝑡 + 𝛼3 𝑙𝑛𝑃𝑜𝑝𝑖𝑗𝑡 + 𝛼4 𝑙𝑛𝑃𝑜𝑝𝑖𝑗𝑡 + 𝛼5 𝑙𝑛𝐷𝑖𝑠𝑡𝑖𝑗 + ∑ 𝛼𝑛 𝐴𝑑𝑑𝑛 + 𝜀𝑖𝑗𝑡 𝑛 where 𝑖 and 𝑗 are the trading partners and 𝑡 indicates time, and 𝑋𝑖𝑗𝑡 is bilateral trade in period 𝑡, 𝑀 𝑌𝑖𝑗𝑡 is the import country’s real GDP in period 𝑡, 𝑋 𝑌𝑖𝑗𝑡 is the export country’s real GDP in period 𝑡, 𝑀 𝑃𝑜𝑝𝑖𝑗𝑡 is the import country’s population in period 𝑡, 𝑋 𝑃𝑜𝑝𝑖𝑗𝑡 is the export country’s population in period 𝑡, 𝐷𝑖𝑠𝑡𝑖𝑗 is the distance between the specific trading partners, and ∑𝑛 𝛼𝑛 𝐴𝑑𝑑𝑛 are additional factors that could influence trade between the two trading partners. and 𝜀𝑖𝑗𝑡 is the error term. We use an augmented GM, including the countries’ respective land sizes and tariff rates (following Estevadeordal, 2009), as well as dummy variables to capture cultural, geographical, historical and political circumstances that might influence bilateral trade patterns. The dummy variables are used to answer the following questions: are the two trading partners direct neighbours, are the two countries in the same region (North America, Asia-Pacific, Europe), do the countries belong to the same regional or free trade agreement, do they use the same national language or have a common currency, do the countries have a shared colonial history, and are the countries island states? The augmented GM applied in this study to investigate the bilateral trade relationships among Australia, China and their top trading partners takes the form: 72 𝑀 𝑋 𝑀 𝑋 𝑀 𝑋 𝑙𝑛(𝑋𝑖𝑗𝑡 ) = 𝛼0 + 𝛼1 𝑙𝑛𝑌𝑖𝑗𝑡 + 𝛼2 𝑙𝑛𝑌𝑖𝑗𝑡 + 𝛼3 𝑙𝑛𝑃𝑜𝑝𝑖𝑗𝑡 + 𝛼4 𝑙𝑛𝑃𝑜𝑝𝑖𝑗𝑡 + 𝛼5 𝑙𝑛𝐷𝑖𝑠𝑡𝑖𝑗 + 𝛼6 𝑙𝑛𝐴𝑟𝑒𝑎𝑖𝑗𝑡 + 𝛼7 𝑙𝑛𝐴𝑟𝑒𝑎𝑖𝑗𝑡 𝑀 𝑋 + 𝛼8 𝑙𝑛𝜏𝑖𝑗𝑡 + 𝛽1 𝑅𝑖𝑗 + 𝛽2 𝑁𝑖𝑗 + 𝛽3 𝑅𝑇𝐴𝑖𝑗𝑡 + 𝛽4 𝐶𝐶𝑖𝑗 + 𝛽5 𝐶𝐻𝑖𝑗 + 𝛽6 𝐶𝐿𝑖𝑗 + 𝛽7 𝐼𝑠𝑖𝑗 + 𝛽8 𝐼𝑠𝑖𝑗 + 𝜀𝑖𝑗𝑡 with the additional variables: 𝑀 𝐴𝑟𝑒𝑎𝑖𝑗𝑡 is the land size of the importing country, 𝑋 𝐴𝑟𝑒𝑎𝑖𝑗𝑡 is the land size of the exporting country, 𝜏𝑖𝑗𝑡 is the tariff rate of the importing country, 𝑅𝑖𝑗 is 1 if the two countries belong to the same region and zero otherwise, 𝑁𝑖𝑗 is 1 if the two countries are neighbours and zero otherwise, 𝑅𝑇𝐴𝑖𝑗𝑡 is 1 if the two countries participate in the same regional or free trade agreement in period 𝑡 and zero otherwise, 𝐶𝐶𝑖𝑗 is 1 if the two countries use the same currency, zero otherwise, 𝐶𝐻𝑖𝑗 is 1 if the two countries have a common colonial history, zero otherwise, 𝐶𝐿𝑖𝑗 is 1 if the two countries share a common language, zero otherwise, 𝐼𝑠𝑖𝑗𝑀 is 1 if the importing country is an island state, zero otherwise, 𝐼𝑠𝑖𝑗𝑋 is 1 if the exporting country is an island state, zero otherwise. The analysis of the augmented gravity model is undertaken using different econometric specifications. Bilateral trade data at the HS2-digit level have been taken from the United Nations Comtrade database and from the Australian Bureau of Statistics (ABS, 2015). Real GDP, country size and country population data were obtained from the World Bank’s World Development Indicators (2015). Data on the distance between trading partners are from Rose (2003). The average tariff rates at the HS2-digit level of disaggregation were obtained from the World Trade Organization’s Tariff Analysis Online (2015). The benchmark results are obtained by pooling the data across the eight years (2000, 2004 and 200914). We first run simple ordinary least squares (Table A2), and then introduce year (Table A3) and product (Table A4) fixed effects. To test for the robustness of the benchmark results, we conduct panel data analysis with random effects (RE) and fixed effects (FE) specifications. The fixed effects model is known to provide more robust results in estimating a gravity model, but its disadvantage is that it is not able to estimate time-invariant effects such as distance and most of the dummy variables. Finally, we run a standard cross-section analysis on an annual basis for the years 2000, 2004, and 2009 to 2014. The core GM variables (the two countries’ GDP and the distance between them) are, as expected, strongly significant in every specification. Other consistent results are that being neighbouring countries or in the same region and belonging to the same regional or free trade agreement are associated with greater bilateral trade. Table A2 shows the “plain vanilla” ordinary least squares results. Table A3 reports results from pooled-data ordinary least squares analysis with year fixed effects and robust standard errors and Table A4 reports the results with fixed effects for the HS2-digit products. A common language and colonial history are also significant explanatory variables in all of these specifications, reflecting the Commonwealth links in Australian trade and the “Greater China” aspect of China’s trade. The results from the benchmark GM in Tables A2-A4 indicate that importer’s and exporter’s GDP are positively related to size of bilateral trade; a one per cent increase in importer or exporter GDP increases the bilateral trade between two trading partners by slightly more than one per cent. Furthermore, the importing country’s population is slightly positively related with trade (ca. 0.17% trade response to a 1% increase in population) and the exporter’s population more positively (ca. 0.7%). 19 For every percentage increase in the distance between the two countries, bilateral trade is reduced by between 0.61% and 0.95%; the further away a trading partner, the lower the trade intensity. With respect to the dummy variables, a shared colonial history and common language have a larger impact than being in the same RTA, but all are consistently significant.20 Adding country area improves the explanatory power but the coefficients and increase in R2 are small, i.e. having a lower population density slightly mitigates the impact of population size but the impact is minor. 19 A shared colonial history raises trade by circa 327% and a common language by circa 153%. If two trading partners are located within the same region, bilateral trade is on average larger by about 19% (exp(1.048) -1 ≈ 19 per cent), although if they belong to the 20 73 Results using panel data with random effects (RE) and fixed effects (FE) are presented in Table A5 and A6. Compared to the benchmark results in Tables A2-A4, the RE model and FE model estimates for the importing and exporting countries’ size are less strong. A one per cent increase in the export country’s GDP is associated with an increase in bilateral trade of 0.35% (RE) or 0.44% (FE) and a one per cent increase in the import country’s GDP with increases of about 0.69% (RE) or 0.84% (FE), compared to the >1% estimated in the benchmark models. The Hausman test to evaluate the robustness of the results of the RE and FE models finds the FE model to provide the better estimates, although as mentioned above this is at the cost of losing information about time-invariant variables. For those variables, the RE model has qualitatively similar (i.e. with fairly small changes in coefficient size and no change in statistical significance) compared to the benchmark results. A general conclusion is that, although Table A6 is preferable to Table A5 or A2-A4 on econometric criteria, the benchmark results are robust. In Tables A7 and A8 annual cross-sectional analysis is undertaken for the years 2000, 2004 and 2009 to 2014 in order to investigate possible trends of the main explanatory variables of interest, namely GDP, distance, and RTA/FTA membership. The impact of importer and exporter GDP on bilateral trade has declined over the fourteen-year period. Whereas in 2000 a one per cent increase in exporter GDP increased bilateral trade by 1.6% and a one per cent increase in importer GDP increased bilateral trade by 1.3%, in 2014 the impact was only 1.1% and 0.6% respectively. The coefficient on distance has remained stable over the study’s timeframe: it was 0.7 in 2000 and also in 2014. The coefficient on the regional dummy variable increased from 0.38 in 2000 to 0.92 in 2014, implying that the impact on bilateral trade of being in the same region increased from 46% to circa 150%. The coefficient on the dummy for common membership of a regional or free trade agreement increased from 0.38 in 2000 to 1.02 in 2014, implying that belonging to a free or regional trade agreement has had an increasingly strong impact over the time period and in 2014 was associated, other things equal, with trade flows that were higher by 178%. As with any empirical work, there are caveats. No trade data are perfect, although the ABS data are among the world’s best (made easier by the absence of porous land borders for Australia). Some of the variables, especially the dummies for region, RTA and common language or colonial heritage, may introduce multicollinearity that vitiates interpretation of coefficients on those dummies; the augmented GM specification used here is, however, in common usage. The relatively low R2 values in Tables A2A8 indicate that part of bilateral trade is not explained by the model, most likely because we use disaggregated data for 2-digit groups that are heterogeneous, i.e. for some industries distance or RTA membership are important and for some industries other determinants matter more. That presumption leads us on to the more disaggregated analysis of SA-China trade. In sum, the gravity model is an internationally accepted and useful tool to investigate bilateral trade flows. Tables A2-A8 show that the results are robust to variations in specification. In the Australian context, some of these results are obvious, e.g. China is an important trading partner due to its economic size and relative proximity even though there are not the added positive effects of shared history and language (as in, say, Singapore or New Zealand). What is less obvious is that the GM provides quantitative evidence of the importance of a trade agreement for bilateral trade, and of the increase in this importance since 2000. Finally, we ran the GM separately for agricultural (HS0-21) and non-agricultural goods (Table A9). There are substantial differences in the results, e.g. the impact of the population of the exporting country is less strong for agricultural goods but the country’s area is more important. The RTA coefficient is also larger for agricultural goods. These results provide justification for separate treatment of agricultural and non-agricultural goods in this report. closer region the results show a decline in trade by about 3% (exp(-0.033) -1 ≈ 3 per cent). Belonging to the same regional or free trade agreement is associated with bilateral trade flows that are higher by about 118% ((exp(0.78) -1 ≈ 118 per cent). 74 Table A2 – Benchmark Gravity Results – standard ordinary least squares Exporter GDP Importer GDP Exporter Population Importer Population Distance Exporter Size Importer Size Colonial History Region Closer Region RTA Common Language Exporter Island Importer Island Constant Adjusted R2 Observations (1) 1.191 (0.006)*** 1.009 (0.006)*** 0.687 (0.006)*** 0.171 (0.006)*** -0.945 (0.005)*** ----- (2) 1.273 (0.006)*** 1.009 (0.006)*** 0.728 (0.006)*** 0.176 (0.006)*** -0.902 (0.005)*** -0.055 (0.001)*** -0.003 (0.001)** --- --- --- --- --- --- --- --- --- --- --- --- --- --- -19.761 (0.087)*** -19.957 (0.087)*** 0.2530 539136 0.2560 539136 (3) 1.268 (0.006)*** 1.008 (0.006)*** 0.733 (0.006)*** 0.157 (0.007)*** -0.616 (0.08)*** -0.030 (0.001)*** 0.016 (0.001)*** 1.445 (0.019)*** 0.163 (0.013)*** -0.031 (0.013)** 0.783 (0.008)*** 0.937 (0.010)*** 0.013 (0.010) -0.107 (0.010)*** -23.748 (0.111)*** 0.2902 539136 Notes: Robust standard errors clustered by country-pairs are reported in parentheses. *** statistically significant at the one percent confidence level; ** statistically significant at the five percent confidence level; * statistically significant at the ten percent confidence level. 75 Table A3 – Benchmark Gravity Results – pooled ordinary least squares with year fixed effects Exporter GDP Importer GDP Exporter Population Importer Population Distance Exporter Size Importer Size Colonial History Region Closer Region RTA Common Language Exporter Island Importer Island Constant Adjusted R2 Observations (1) 1.213 (0.080)*** 1.031 (0.097)*** 0.683 (0.082)*** 0.167 (0.093)* -0.947 (0.065)*** ----- (2) 1.299 (0.084)*** 1.035 (0.096)*** 0.726 (0.095)*** 0.173 (0.095)* -0.901 (0.065)*** -0.057 (0.016)*** -0.005 (0.016) --- --- --- --- --- --- --- --- --- --- --- --- --- --- -20.193 (1.290)*** -20.430 (1.281)*** 0.2559 539136 0.2591 539136 (3) 1.295 (0.078)*** 1.035 (0.087)*** 0.730 (0.070)*** 0.154 (0.091)* -0.609 (0.096)*** -0.032 (0.016)** 0.014 (0.015) 1.452 (0.235)*** 0.176 (0.147) -0.033 (0.157) 0.781 (0.095)*** 0.932 (0.131)*** 0.015 (0.127) -0.105 (0.129) -24.290 (1.378)*** 0.2933 539136 Notes: Robust standard errors clustered by country-pairs are reported in parentheses. *** statistically significant at the one percent confidence level; ** statistically significant at the five percent confidence level; * statistically significant at the ten percent confidence level. 76 Table A4 – Benchmark Gravity Results – pooled ordinary least squares analysis with HS2-digit product fixed effects Exporter GDP Importer GDP Exporter Population Importer Population Distance Exporter Size Importer Size Colonial History Region Closer Region RTA Common Language Exporter Island Importer Island Constant Adjusted R2 Observations (1) 1.191 (0.081)*** 1.009 (0.097)*** 0.687 (0.082)*** 0.171 (0.093)* -0.945 (0.065)*** --- --- --- --- --- --- --- --- --- --- --- --- --- --- -19.761 (1.279)*** -19.957 (1.269)*** (3) 1.268 (0.078)*** 1.008 (0.087)*** 0.733 (0.071)*** 0.157 (0.091)* -0.615 (0.096)*** -0.030 (0.016)* 0.016 (0.015) 1.445 (0.234)*** 0.163 (0.147) -0.032 (0.156) 0.783 (0.095)*** 0.937 (0.131)*** 0.130 (0.127) -0.107 (0.130) -23.753 (1.361)*** 0.3912 539136 0.3942 539136 0.4284 539136 ----- (2) 1.273 (0.084)*** 1.009 (0.096)*** 0.728 (0.079)*** 0.176 (0.095)* -0.902 (0.065)*** -0.055 (0.016)*** -0.003 (0.016) Notes: Robust standard errors clustered by country-pairs are reported in parentheses. *** statistically significant at the one percent confidence level; ** statistically significant at the five percent confidence level; * statistically significant at the ten percent confidence level. 77 Table A5 – Random Effects Model Exporter GDP Importer GDP Exporter Population Importer Population Distance Exporter Size Importer Size Colonial History Region Closer Region RTA Common Language Exporter Island Importer Island Constant Adjusted R2 Observations (1) 0.354 (0.044)*** 0.690 (0.044)*** 0.869 (0.058)*** 0.276 (0.058)*** -0.900 (0.070)*** ----- (2) 0.358 (0.045)*** 0.688 (0.045)*** 0. 618 (0.058)*** 0.264 (0.059)*** -0.925 (0.070)*** 0.013 (0.015) 0.018 (0.015) --- --- --- --- --- --- --- --- --- --- --- --- --- --- -8.776 (0.775)*** -9.219 (0.829)*** 0.2273 539136 0.2266 539136 (3) 0.393 (0.044)*** 0.673 (0.044)*** 0.868 (0.057)*** 0.258 (0.058)*** -0.770 (0.102)*** 0.0337 (0.015)** 0.038 (0.015)** 1.320 (0.273)*** 0.128 (0.165) -0.032 (0.180) 0.827 (0.105)*** 1.051 (0.134)*** -0.038 (0.115) -0.109 (0.115) -12.186 (1.044)*** 0.2628 539136 Notes: Standard errors are reported in parentheses. *** statistically significant at the one percent confidence level; ** statistically significant at the five percent confidence level; * statistically significant at the ten percent confidence level. 78 Table A6: Fixed Effects Model Exporter GDP Importer GDP Exporter Population Importer Population Distance Exporter Size Importer Size Colonial History Region Closer Region RTA Common Language Exporter Island Importer Island Constant Adjusted R2 Observations (1) 0.437 (0.058) 0.838 (0.058)*** 0.785 (0.088)*** 0.401 (0.089)*** (omitted) ------------- (2) 0.44 (0.058) 0.838 (0.058)*** 0.785 (0.088)*** 0.401 (0.089)*** (omitted) (omitted) (omitted) --------- --- --- ----- ----- -14.742 (0.651)*** -19.957 (1.269)*** 0.1465 539136 0.1465 539136 (3) 0.44 (0.058) 0.838 (0.058)*** 0.785 (0.088)*** 0.401 (0.089)*** (omitted) (omitted) (omitted) (omitted) (omitted) (omitted) (omitted) (omitted) (omitted) (omitted) -14.742 (0.651)*** 0.1465 539136 Notes: Standard errors are reported in parentheses. *** statistically significant at the one percent confidence level; ** statistically significant at the five percent confidence level; * statistically significant at the ten percent confidence level. 79 Table A7: Annual (2000, 2004, 2009, 2010) Cross-Sectional Analysis (OLS) Exporter GDP Importer GDP Exporter Population Importer Population Distance Exporter Size Importer Size Region Closer Region RTA Colonial History Common Language Exporter Island Importer Island Constant Adjusted R2 Observations 2000 1.584 (0.059)*** 1.251 (0.070)*** 0.614 (0.057)*** -0.014 (0.084) -0.692 (0.095)*** -0.061 (0.012)*** -0.236 (0.012)** 0.354 (0.133)*** 0.185 (0.161) 0.382 (0.092)*** 0.988 (0.219)*** 1.097 (0.119)*** 0.414 (0.102)*** 0.218 (0.103)** -25.527 (1.341)*** 2004 1.492 (0.061)*** 1.120 (0.072)*** 0.627 (0.060)*** -0.027 (0.082) -0.724 (0.097)*** -0.046 (0.012)*** -0.009 (0.011) 0.256 (0.134)* 0.026 (0.147) 0.474 (0.090)*** 0.837 (0.199)*** 0.960 (0.121)*** 0.320 (0.103)*** 0.188 (0.106)* -24.214 (1.349)*** 2009 1.246 (0.102)*** 1.156 (0.113)*** 0.458 (0.088)*** -0.208 (0.103)** -0.552 (0.115)*** -0.005 (0.020) 0.039 (0.019)** 0.616 (0.190)*** 0.046 (0.188) 0.830 (0.117)*** 1.762 (0.259)*** 0.894 (0.194)*** -0.539 (0.186)*** -0.73506 (0.184)*** -21.973 (1.696)*** 2010 1.264 (0.103)*** 1.163 (0.115)*** 0.427 (0.090)*** -0.194 (0.105)* -0.558 (0.115)*** -0.003 (0.021) 0.044 (0.020)** 0.600 (0.192)*** 0.685 (0.190) 0.832 (0119)*** 1.788 (0.263)*** 0.870 (0195)*** -0.561 (0.189)*** -0.754 (0.185)*** -22.215 (1.696)*** 0.5125 67392 0.5211 67392 0.4408 67392 0.4393 67392 Notes: Robust standard errors clustered by country-pairs are reported in parentheses. *** statistically significant at the one percent confidence level; ** statistically significant at the five percent confidence level; * statistically significant at the ten percent confidence level. 80 Table A8: Annual Cross-Sectional Analysis (OLS), 2011 – 2014 Exporter GDP Importer GDP Exporter Population Importer Population Distance Exporter Size Importer Size Region Closer Region RTA Colonial History Common Language Exporter Island Importer Island Constant Adjusted R2 Observations 2011 1.271 (0.106)*** 1.161 (0.117)*** 0.423 (0.091)*** -0.179 (0.104)* -0.529 (0.117)*** -0.072 (0.021) 0.049 (0.020)** 0.618 (0194)*** 0.102 (0.191) 0.854 (0.120)*** 1.849 (0.253)*** 0.869 (0.197)*** -0.616 (0.190)*** -0.758 (0.188)*** -22.595 (1.744)*** 2012 1.284 (0.108)*** 1.186 (0.119)*** 0.440 (0.091)*** -0.175 (0.104)* -0.446 (0.134)*** -0.014 (0.021) 0.044 (0.020)** 0.642 (0.196)*** 0.007 (0.198) 0.933 (0.136)*** 1.917 (0.265)*** 0.661 (0.232)*** -0.575 (0.196)*** -0.737 (0.193)*** -23.609 (2.006)*** 2013 1.020 (0.104)*** 0.460 (0.114)*** 1.473 (0.112)*** 1.048 (0.147)*** -0.724 (0.125)*** -0.074 (0.018)*** -0.287 (0.016)* 0.757 (0.222)*** 0.250 (0.219) 0.918 (0.113)*** 0.879 (0.302)*** 1.066 (0.124)*** 0.644 (0.141)*** 0.664 (0.144)*** -23.914 (1.771)*** 2014 1.097 (0.123)*** 0.581 (0.132)*** 1.428 (0.119)*** 1.061 (0.144)*** -0.670 (0.161)*** -0.034 (0.022) 0.006 (0.021) 0.920 (0.253)*** 0.524 (0.292)* 1.022 (0.136)*** 1.575 (0.307)*** 1.047 (0.144)*** 1.040 (0.166)*** 1.090 (0.0.167)*** -28.796 (2.190)*** 0.4389 67392 0.4329 67392 0.5058 67392 0.4423 67392 Notes: Robust standard errors clustered by country-pairs are reported in parentheses. *** statistically significant at the one percent confidence level; ** statistically significant at the five percent confidence level; * statistically significant at the ten percent confidence level. 81 Table A9 –Gravity Results (standard ordinary least squares): Agricultural and Non-agricultural Goods Exporter GDP Importer GDP Exporter Population Importer Population Distance Exporter Size Importer Size Colonial History Border Common Language RTA Adjusted R2 Observations All Trade 0.788*** (0.030) 0.654*** (0.032) 0.397*** (0.032) 0.145*** (0.029) -0.956*** (0.064) -0.200*** (0.018) -0.140*** (0.018) 0.618*** (0.226) 0.678*** (0.180) 0.524*** (0.084) 0.480*** (0.078) 0.449 524,358 Agricultural 0.520*** (0.038) 0.701*** (0.043) 0.086** (0.039) 0.018 (0.042) -0.865*** (0.089) 0.112*** (0.028) -0.128*** (0.023) 0.549* (0.300) 0.655*** (0.210) 0.543*** (0.112) 0.622*** (0.104) 0.300 118,174 Non-agricultural 0.876*** (0.030) 0.644*** (0.032) 0.472*** (0.033) 0.180*** (0.029) -0.999*** (0.064) -0.283*** (0.018) -0.141*** (0.019) 0.654*** (0.223) 0.692*** (0.180) 0.531*** (0.085) 0.433*** (0.080) 0.500 406,184 Notes: Robust standard errors clustered by country-pairs are reported in parentheses. Closer region and island variables dropped. *** statistically significant at the one percent confidence level; ** statistically significant at the five percent confidence level; * statistically significant at the ten percent confidence level. 82 Table A10 –Gravity Results (standard ordinary least squares): All trade years 2000, 2004, 2009, and 2014 Exporter GDP Importer GDP Exporter Population Importer Population Distance Exporter Size Importer Size Colonial History Border Common Language RTA Adjusted R2 Observations 2000 0.780*** (0.028) 0.757*** (0.030) 0.287*** (0.030) 0.087** (0.029) -0.978*** (0.064) -0.156*** (0.017) -0.143*** (0.018) 0.656*** (0.233) 0.709*** (0.179) 0.688*** (0.081) 0.313*** (0.077) 2004 0.793*** (0.027) 0.742*** (0.030) 0.344*** (0.029) 0.126*** (0.028) -0.983*** (0.063) -0.180*** (0.018) -0.156*** (0.017) 0.732*** (0.231) 0.776*** (0.177) 0.627*** (0.080) 0.375*** (0.077) 2009 0.863*** (0.034) 0.719*** (0.037) 0.351*** (0.034) 0.079** (0.032) -0.971*** (0.066) -0.197*** (0.020) -0.144*** (0.018) 0.672*** (0.232) 0.728*** (0.185) 0.447*** (0.087) 0.530*** (0.080) 2014 0.946*** (0.039) 0.725*** (0.043) 0.371*** (0.037) 0.078** (0.035) -0.933*** (0.076) -0.219*** (0.021) -0.127*** (0.020) 0.668*** (0.230) 0.706*** (0.197) 0.407*** (0.090) 0.575*** (0.086) 0.441 65,101 0.452 67,650 0.455 64,517 0.465 64,284 Notes: Robust standard errors clustered by country-pairs are reported in parentheses. Closer region and island variables dropped. *** statistically significant at the one percent confidence level; ** statistically significant at the five percent confidence level; * statistically significant at the ten percent confidence level. 83 Table A11 – Gravity Results (standard ordinary least squares): Agriculture trade years 2000, 2004, 2009, and 2014 Exporter GDP Importer GDP Exporter Population Importer Population Distance Exporter Size Importer Size Colonial History Border Common Language RTA Adjusted R2 Observations 2000 0.489*** (0.037) 0.741*** (0.038) 0.013 (0.035) 0.011 (0.040) -0.866*** (0.085) 0.111*** (0.024) -0.137*** (0.022) 0.549* (0.319) 0.778*** (0.204) 0.607*** (0.105) 0.329*** (0.095) 2004 0.469*** (0.036) 0.711*** (0.039) 0.076** (0.034) 0.058 (0.039) -0.873*** (0.085) 0.114*** (0.027) -0.151*** (0.021) 0.619** (0.307) 0.759*** (0.203) 0.582*** (0.107) 0.469*** (0.098) 2009 0.535*** (0.046) 0.730*** (0.052) 0.086* (0.046) -0.031 (0.049) -0.839*** (0.097) 0.122*** (0.032) -0.124*** (0.025) 0.638** (0.316) 0.779*** (0.226) 0.493*** (0.124) 0.669*** (0.113) 2014 0.587*** (0.048) 0.690*** (0.060) 0.109** (0.047) 0.035 (0.052) -0.804*** (0.108) 0.098*** (0.033) -0.126*** (0.026) 0.573* (0.327) 0.668*** (0.241) 0.485*** (0.121) 0.755*** (0.122) 0.291 15,194 0.292 15,982 0.291 14,626 0.302 14,778 Notes: Robust standard errors clustered by country-pairs are reported in parentheses. Closer region and island variables dropped. *** statistically significant at the one percent confidence level; ** statistically significant at the five percent confidence level; * statistically significant at the ten percent confidence level. 84 Table A12 – Gravity Results (standard ordinary least squares): Non-agriculture trade years 2000, 2004, 2009, and 2014 Exporter GDP Importer GDP Exporter Population Importer Population Distance Exporter Size Importer Size Colonial History Border Common Language RTA Adjusted R2 Observations 2000 0.876*** (0.029) 0.767*** (0.031) 0.373*** (0.031) 0.109*** (0.029) -1.022*** (0.066) -0.235*** (0.017) -0.143*** (0.019) 0.713*** (0.236) 0.697*** (0.183) 0.727*** (0.084) 0.297*** (0.083) 2004 0.900*** (0.028) 0.756*** (0.031) 0.433*** (0.031) 0.145*** (0.028) -1.032*** (0.066) -0.269*** (0.018) -0.155*** (0.018) 0.773*** (0.236) 0.786*** (0.183) 0.658*** (0.084) 0.335*** (0.082) 2009 0.971*** (0.034) 0.718*** (0.037) 0.405*** (0.034) 0.112*** (0.031) -1.029*** (0.066) -0.280*** (0.019) -0.148*** (0.019) 0.690*** (0.229) 0.709*** (0.184) 0.447*** (0.087) 0.482*** (0.081) 2014 1.066*** (0.040) 0.736*** (0.043) 0.421*** (0.038) 0.092*** (0.034) -0.992*** (0.075) -0.302*** (0.021) -0.125*** (0.019) 0.700*** (0.228) 0.711*** (0.196) 0.394*** (0.091) 0.515*** (0.087) 0.493 49,907 0.508 51,668 0.510 49,891 0.520 49,506 Notes: Robust standard errors clustered by country-pairs are reported in parentheses. Closer region and island variables dropped. *** statistically significant at the one percent confidence level; ** statistically significant at the five percent confidence level; * statistically significant at the ten percent confidence level. 85 Table A13 – Gravity Results (standard ordinary least squares): Comparison of Australian States and Territories, all trade Exporter GDP Importer GDP Exporter Population Importer Population Distance Importer Size Common Language RTA Adjusted R2 Observations SA 0.682** (0.252) 0.670*** (0.123) -5.536*** (1.527) -0.323* (0.169) -1.170*** (0.381) 0.084 (0.070) 0.459* (0.247) 0.327 (0.226) NSW 0.799*** (0.183) 0.740*** (0.165) -5.042*** (0.819) -0.307 (0.209) -2.180*** (0.508) 0.046 (0.101) 0.743** (0.305) 0.170 (0.302) VIC 0.250* (0.142) 0.793*** (0.160) -2.586** (0.945) -0.327 (0.209) -2.163*** (0.513) 0.036 (0.094) 0.647** (0.298) 0.248 (0.300) TAS -0.092 (0.385) 0.499*** (0.093) 4.493 (3.781) -0.101 (0.127) -1.092*** (0.227) 0.020 (0.047) 0.166 (0.190) 0.205 (0.152) QLD 1.078*** (0.173) 0.651*** (0.143) -3.399*** (0.775) -0.398** (0.143) -1.941*** (0.420) 0.121 (0.083) 0.238 (0.305) 0.377 (0.294) NT -0.313 (0.683) 0.385*** (0.092) 3.398 (2.601) -0.051 (0.099) -0.886*** (0.217) -0.128*** (0.040) -0.573*** (0.193) 0.530*** (0.204) ACT -7.675 (5.731) 0.339 (0.431) 41.800 (33.28) 0.594 (0.472) -0.472 (0.924) -0.191 (0.173) 0.112 (0.916) -0.065 (0.732) WA 0.800*** (0.210) 0.615*** (0.107) -1.688*** (0.596) -0.143 (0.121) -1.445*** (0.250) -0.020 (0.043) 0.272 (0.263) 0.296 (0.220) 0.464 8,701 0.484 13,745 0.479 13,760 0.435 4,112 0.435 11,774 0.451 2,195 0.160 86 0.505 10,128 Notes: Robust standard errors clustered by country-pairs are reported in parentheses. Closer region, exporter size, border and island variables dropped. *** statistically significant at the one percent confidence level; ** statistically significant at the five percent confidence level; * statistically significant at the ten percent confidence level. Table A14 – Gravity Results (standard ordinary least squares): Comparison of Australian States and Territories, Agriculture trade Exporter GDP Importer GDP Exporter Population Importer Population Distance Importer Size Common Language RTA Adjusted R2 Observations SA NSW VIC Tas Queensl NT ACT WA 0.447 (0.358) 0.808*** (0.112) 0.352 (2.297) -0.419*** (0.111) -1.584*** (0.319) 0.098** (0.041) 0.366* (0.210) 0.070 (0.237) 1.004*** (0.283) 0.954*** (0.175) -4.265** (1.914) -0.596*** (0.161) -2.654*** (0.566) 0.154** (0.083) 0.671** (0.302) 0.227 (0.308) 0.174 (0.303) 0.962*** (0.185) -0.354 (1.542) -0.475** (0.170) -2.899*** (0.637) 0.036 (0.083) 0.546* (0.317) -0.025 (0.345) -1.055 (0.662) 0.731*** (0.075) 11.055 (7.441) -0.383** (0.139) -1.127*** (0.347) 0.049 (0.060) 0.160 (0.246) 0.321 (0.252) 0.668 (0.445) 0.862*** (0.191) -1.489 (1.781) -0.499*** (0.128) -2.741*** (0.633) 0.101 (0.086) 0.282 (0.354) 0.186 (0.350) -3.290** (1.421) 0.214 (0.175) 16.865*** (5.024) 0.026 (0.200) -0.266 (0.374) -0.132 (0.082) -0.119 (0.432) 0.493 (0.405) - 0.066 (0.400) 0.814*** (0.161) 1.700 (1.750) -0.183 (0.149) -1.868*** (0.419) -0.080 (0.074) -0.123 (0.363) -0.127 (0.382) 0.459 1,829 0.435 2,582 0.406 2,574 0.268 958 0.358 2,224 - 0.410 1,665 Notes: Robust standard errors clustered by country-pairs are reported in parentheses. Closer region, exporter size, border and island variables dropped. *** statistically significant at the one percent confidence level; ** statistically significant at the five percent confidence level; * statistically significant at the ten percent confidence level. 86 Table A15 – Gravity Results (standard ordinary least squares): Comparison of Australian States and Territories, non-Agriculture trade Exporter GDP Importer GDP Exporter Population Importer Population Distance Importer Size Common Language RTA Adjusted R2 Observation s SA NSW VIC TAS QLD NT ACT WA 0.749** (0.269) 0.629*** (0.145) -6.848*** (1.622) -0.294 (0.203) -1.059*** (0.429) 0.080 (0.085) 0.488* (0.289) 0.399 (0.258) 0.751*** (0.197) 0.688*** (0.177) -5.110*** (0.771) -0.237 (0.227) -2.070*** (0.517) 0.020 (0.106) 0.766** (0.316) 0.156 (0.308) 0.253 (0.168) 0.753*** (0.177) -2.984*** (1.007) -0.291 (0.231) -1.998*** (0.516) 0.036 (0.100) 0.674** (0.319) 0.310 (0.308) 0.161 (0.472) 0.420*** (0.107) 2.755 (4.508) -0.009 (0.129) -1.073*** (0.245) 0.013 (0.051) 0.176 (0.224) 0.199 (0.174) 1.157*** (0.209) 0.603*** (0.150) -3.765*** (0.835) -0.375** (0.160) -1.772*** (0.405) 0.127 (0.086) 0.235 (0.318) 0.416 (0.294) 0.089 (0.628) 0.404*** (0.101) 1.540 (2.493) -0.060 (0.104) -0.944*** (0.232) -0.127*** (0.042) -0.630*** (0.203) 0.523** (0.207) -8.140 (5.773) 0.506 (0.418) 43.487 (33.69) 0.515 (0.434) -0.598 (0.944) -0.223 (0.160) -0.262 (1.041) 0.330 (0.836) 0.962*** (0.223) 0.566*** (0.137) -2.335*** (0.633) -0.125 (0.157) -1.348*** (0.287) -0.009 (0.050) 0.359 (0.291) 0.381* (0.234) 0.454 0.494 0.490 0.468 0.448 0.462 0.163 0.523 6,872 11,163 11,186 3,154 9,950 1,980 80 8,463 Notes: Robust standard errors clustered by country-pairs are reported in parentheses. Closer region, exporter size, border and island variables dropped. *** statistically significant at the one percent confidence level; ** statistically significant at the five percent confidence level; * statistically significant at the ten percent confidence level. 87 Revealed comparative advantage index for Australian States and Territories in 2014 H S Live animals 5.2 0.0 2.1 0.2 2.8 0.1 56.9 0.0 11.7 VIC to Ch 159. 1 0.0 0.0 5.0 0.5 Meat and edible meat offal Fish and crustaceans, molluscs and other aquatic invertebrates Dairy produce; birds' eggs; natural honey; edible products of animal origin, not elsewhere specified or included Products of animal origin, not elsewhere specified or included Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage Edible vegetables and certain roots and tubers Edible fruit and nuts; peel of citrus fruit or melons Coffee, tea, maté and spices 16.8 16.7 9.7 14.8 0.7 0.3 0.0 0.0 18.4 30.4 1.0 1.8 20.7 13.5 3.7 0.4 0.1 0.0 0.6 0.0 0.0 0.0 1.2 0.3 0.8 10.9 0.7 0.2 0.7 0.4 0.7 0.4 0.1 0.0 0.0 0.0 18.8 23.1 1.6 14.8 0.1 0.0 2.9 21.6 1.7 10.2 0.3 0.7 0.2 0.9 7.1 59.1 0.1 2.3 0.7 0.8 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.1 0.3 6.3 0.0 1.0 0.0 0.2 0.0 0.0 0.0 3.5 0.0 0.3 0.0 1.9 0.0 2.5 0.4 0.7 1.1 0.0 0.0 0.1 0.0 5.1 1.9 0.2 2.5 0.4 0.4 0.0 0.0 0.3 0.9 0.0 0.0 0.0 0.0 0.2 1.3 0.0 0.0 0.1 0.0 Cereals Products of the milling industry; malt; starches; inulin; wheat gluten Oil seeds and oleaginous fruits; miscellaneous grains,seeds and fruit; industrial or medicinal plants; straw and fodder Lac; gums, resins and other vegetable saps and extracts Vegetable plaiting materials; vegetable products not elsewhere specified or included Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes Preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates Sugars and sugar confectionery Cocoa and cocoa preparations Preparations of cereals, flour, starch or milk; pastrycooks' products Preparations of vegetables, fruit, nuts or other parts of plants Miscellaneous edible preparations Beverages, spirits and vinegar Residues and waste from the food industries; prepared animal fodder Tobacco and manufactured tobacco substitutes Salt; sulphur; earths and stone; plastering materials, lime and cement 20.9 4.7 3.8 7.3 4.8 0.6 0.0 0.0 7.1 8.5 0.0 0.0 1.1 3.9 7.1 0.3 11.3 1.1 1.7 0.0 0.0 0.0 5.7 0.4 0.0 0.0 1.1 0.0 6.3 1.2 0.7 0.4 1.4 0.1 0.2 0.0 3.3 1.0 0.2 0.1 0.5 0.0 0.0 0.0 0.3 1.5 0.0 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.2 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.5 0.3 0.7 0.9 0.1 0.0 0.0 0.0 2.3 2.2 0.1 1.5 1.3 0.4 0.4 0.0 0.4 0.0 0.0 0.0 0.0 0.0 0.8 0.0 0.1 0.0 0.2 0.0 0.0 0.0 0.4 0.0 0.0 0.0 0.0 0.0 1.1 2.8 0.0 0.0 1.3 0.1 0.0 0.0 0.3 0.0 0.0 0.0 0.0 0.0 1.9 2.0 0.8 0.0 0.0 0.0 0.3 0.1 1.4 0.5 0.0 0.0 0.0 0.0 5.0 9.7 0.0 0.0 0.5 0.0 0.5 1.6 0.3 0.0 0.0 0.0 0.0 0.0 0.8 1.1 0.0 0.0 0.3 0.1 0.1 0.3 2.1 14.4 0.0 0.1 0.0 0.0 3.0 11.0 0.0 0.0 1.1 2.1 17.2 28.4 2.4 2.9 0.1 0.1 0.0 0.0 1.5 10.1 0.0 1.1 0.1 0.1 0.6 0.0 1.4 0.3 0.1 0.0 0.1 0.0 1.6 0.5 0.2 0.0 1.0 0.7 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.3 0.0 0.1 0.1 1.1 0.8 0.1 0.0 0.1 0.3 0.0 0.5 0.2 0.3 Ores, slag and ash 13.5 7.2 5.4 2.4 40.3 12.0 19.8 13.9 0.2 0.2 1.8 7.3 5.4 2.0 Mineral fuels, mineral oils and products of their 0.1 0.0 2.6 2.4 1.2 0.0 3.6 0.0 0.5 0.0 0.0 0.0 2.9 3.1 SA to W SA to Ch NSW W NSW Ch WA to W WA to Ch NT to W NT to Ch VIC to W 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 TAS to W TAS to Ch QLD to W QLD to Ch 27 88 distillation; bituminous substances; mineral waxes 28 29 30 31 32 33 34 35 36 37 38 39 40 Inorganic chemicals; organic or inorganic compounds of precious metals, of rare-earth metals, of radioactive elements or of isotopes 1.0 0.1 0.1 0.1 0.7 0.1 1.5 0.0 0.2 0.2 0.0 0.0 0.1 0.0 Organic chemicals 0.0 0.0 0.1 0.0 0.0 0.0 0.2 0.0 0.2 0.0 0.0 0.0 0.0 0.0 Pharmaceutical products 0.1 0.0 0.5 2.2 0.0 0.0 0.0 0.0 1.0 0.5 0.0 0.0 0.1 0.0 Fertilisers Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inks Essential oils and resinoids; perfumery, cosmetic or toilet preparations Soap, organic surfaceactive agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing or scouring preparations, candles and similar articles, modelling pastes, “dental waxes― and dental preparations with a basis of plaster Albuminoidal substances; modified starches; glues; enzymes Explosives; pyrotechnic products; matches; pyrophoric alloys; certain combustible preparations Photographic or cinematographic goods Miscellaneous chemical products Plastics and articles thereof 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.0 0.0 0.0 1.4 0.0 0.2 0.0 0.6 0.2 1.1 0.8 0.0 0.0 0.9 1.8 0.0 0.0 0.1 0.0 1.1 3.2 1.0 0.7 0.0 0.0 0.0 0.0 1.0 0.6 0.0 0.0 0.2 0.1 0.0 0.0 0.6 0.2 0.0 0.0 0.0 0.0 0.9 0.7 0.0 0.0 0.2 0.0 0.1 0.0 0.9 0.1 0.0 0.0 0.0 0.0 5.6 2.6 0.1 2.6 0.2 0.0 0.0 0.0 1.6 0.0 0.1 0.0 0.1 0.0 0.2 0.0 0.0 0.0 1.4 4.4 0.0 0.0 0.3 0.0 0.0 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.3 0.0 0.0 0.0 0.0 0.0 0.5 0.2 0.0 0.0 0.1 0.0 0.1 0.0 0.2 0.0 0.0 0.0 0.0 0.0 0.6 0.5 0.0 0.0 0.1 0.0 Rubber and articles thereof 0.0 0.0 0.2 0.0 0.0 0.0 0.0 0.0 0.2 0.0 0.0 0.0 0.1 0.0 1.9 2.9 4.5 6.4 0.3 0.2 1.1 0.0 11.8 26.1 0.2 4.2 4.1 6.7 0.0 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.3 0.1 0.0 0.0 0.0 0.0 41 42 43 44 45 46 47 48 49 50 Raw hides and skins (other than furskins) and leather Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silkworm gut) Furskins and artificial fur; manufactures thereof Wood and articles of wood; wood charcoal 0.3 0.6 0.4 0.8 0.0 0.0 0.0 0.0 1.2 3.8 0.3 3.6 0.2 0.2 Cork and articles of cork Manufactures of straw, of esparto or of other plaiting materials; basketware and wickerwork Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap) paper or paperboard Paper and paperboard; articles of paper pulp, of paper or of paperboard Printed books, newspapers, pictures and other products of the printing industry; manuscripts, typescripts and plans 0.4 0.6 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.5 0.1 0.5 0.5 0.1 0.0 0.0 0.0 1.4 1.8 0.0 0.0 0.3 0.3 0.2 0.0 1.5 5.8 0.0 0.0 0.0 0.0 1.8 0.7 0.2 0.7 0.1 0.0 0.1 0.0 1.4 0.2 0.0 0.0 0.0 0.0 0.7 0.3 0.0 0.0 0.2 0.0 Silk 0.0 0.0 0.4 1.9 0.0 0.0 0.0 0.0 0.2 0.1 0.0 0.0 0.1 0.1 89 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 78 Wool, fine or coarse animal hair; horsehair yarn and woven fabric 13.4 9.9 19.5 33.9 4.6 3.3 0.1 0.0 76.2 139. 5 1.2 19.8 0.6 0.9 Cotton Other vegetable textile fibres; paper yarn and woven fabrics of paper yarn Man-made filaments; strip and the like of man-made textile materials 0.1 0.1 9.8 12.0 0.0 0.0 0.0 0.0 3.4 4.0 0.0 0.0 10.1 8.9 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.2 0.0 0.0 0.0 0.0 0.0 Man-made staple fibres Wadding, felt and nonwovens; special yarns; twine, cordage, ropes and cables and articles thereof Carpets and other textile floor coverings Special woven fabrics; tufted textile fabrics; lace; tapestries; trimmings; embroidery Impregnated, coated, covered or laminated textile fabrics; textile articles of a kind suitable for industrial use Knitted or crocheted fabrics Articles of apparel and clothing accessories, knitted or crocheted Articles of apparel and clothing accessories,not knitted or crocheted Other made up textile articles; sets; worn clothing and worn textile articles; rags Footwear, gaiters and the like; parts of such articles Headgear and parts thereof Umbrellas, sun umbrellas, walking-sticks, seat-sticks, whips, riding-crops and parts thereof Prepared feathers and down and articles made of feathers or of down; artificial flowers; articles of human hair Articles of stone, plaster, cement, asbestos, mica or similar materials 0.0 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.2 0.1 0.0 0.0 0.0 0.0 0.1 0.0 0.1 0.1 0.0 0.0 0.0 0.0 1.5 0.3 0.0 0.0 0.0 0.0 0.0 0.0 0.3 0.1 0.0 0.0 0.0 0.0 2.0 0.1 0.0 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.0 0.0 0.0 0.0 0.3 0.1 0.0 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.2 0.2 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.4 0.4 0.0 0.0 0.0 0.0 0.6 0.4 0.0 0.0 0.1 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.2 4.2 0.0 0.0 0.0 0.0 0.2 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.1 0.0 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.3 0.3 0.0 0.0 0.1 0.0 Ceramic products 0.0 0.0 0.4 0.1 0.0 0.0 0.0 0.0 0.2 0.2 0.0 0.0 0.2 0.9 Glass and glassware Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coin 1.5 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.4 0.3 0.0 0.0 0.0 0.0 0.3 0.0 0.4 0.1 3.6 5.3 0.1 0.0 0.3 0.0 0.0 0.0 0.1 0.0 Iron and steel 0.6 0.2 0.6 0.4 0.1 0.0 0.1 0.0 0.6 0.3 0.0 0.3 0.4 0.1 Articles of iron or steel 0.3 0.2 0.4 0.2 0.0 0.0 0.3 0.0 0.3 0.3 0.0 0.0 0.2 0.1 Copper and articles thereof 15.0 9.9 0.7 0.6 0.0 0.0 0.0 0.0 0.7 0.6 0.0 0.0 7.3 5.4 Nickel and articles thereof Aluminium and articles thereof 0.0 0.0 0.1 0.2 3.8 0.3 0.0 0.0 0.0 0.0 0.0 0.0 1.9 0.0 0.3 1.7 5.5 5.6 0.0 0.1 0.0 0.0 5.3 4.6 2.1 13.5 3.3 1.3 Lead and articles thereof 96.6 64.8 9.9 0.8 0.0 0.0 0.0 0.0 0.3 0.0 2.0 21.1 0.6 Zinc and articles thereof 2.9 0.0 0.1 0.0 0.0 0.0 0.3 0.0 0.2 0.0 29.7 9.0 218. 8 13.4 13.9 Tin and articles thereof Other base metals; cermets; articles thereof Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of base metal 0.0 0.0 0.3 0.0 0.0 0.0 0.0 0.0 0.5 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.0 0.1 0.8 0.0 0.1 0.0 0.1 0.0 0.0 0.0 2.1 2.6 0.3 0.0 0.2 0.0 0.1 0.0 0.1 0.0 0.4 0.0 0.0 0.0 0.2 0.0 79 80 81 82 90 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 Miscellaneous articles of base metal Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles Railway or tramway locomotives, rolling-stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electromechanical) traffic signalling equipment of all kinds Vehicles other than railway or tramway rolling-stock, and parts and accessories thereof Aircraft, spacecraft, and parts thereof Ships, boats and floating structures Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; parts and accessories thereof Clocks and watches and parts thereof Musical instruments; parts and accessories of such articles Arms and ammunition; parts and accessories thereof Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings; lamps and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like; prefabricated buildings Toys, games and sports requisites; parts and accessories thereof Miscellaneous manufactured articles Works of art, collectors' pieces and antiques 0.2 0.1 0.2 0.1 0.0 0.0 0.0 0.0 0.6 0.7 0.0 0.0 0.1 0.0 0.1 0.0 0.3 0.2 0.0 0.0 0.0 0.0 0.4 0.4 0.0 0.0 0.2 0.1 0.1 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.2 0.1 0.0 0.0 0.0 0.0 0.6 0.2 0.7 1.4 0.0 0.1 0.3 0.0 0.3 0.4 0.0 0.0 0.5 1.6 0.4 0.1 0.1 0.0 0.0 0.0 0.0 0.0 1.0 0.1 0.0 0.0 0.1 0.0 0.1 0.0 0.2 0.0 0.0 0.0 0.0 0.0 1.8 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.2 0.0 0.4 0.0 0.1 0.0 0.1 0.0 0.0 0.1 0.8 0.0 0.3 0.1 1.6 0.2 0.0 0.0 0.0 0.0 0.4 0.1 0.0 0.0 0.2 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.2 0.0 0.0 0.0 0.0 0.0 0.5 0.4 0.0 0.0 0.0 0.0 1.1 0.0 1.0 0.0 0.0 0.0 0.0 0.0 3.5 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.1 0.5 0.0 0.0 0.0 0.0 0.2 1.0 0.0 0.0 0.1 0.1 0.0 0.0 0.6 0.2 0.0 0.0 0.0 0.0 0.2 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.4 0.1 0.0 0.0 0.0 0.0 0.1 0.1 1.0 1.8 0.0 0.0 0.2 0.0 0.4 0.4 0.0 0.0 0.1 0.0 91 SA exports of agricultural products to China in 2014 (AUD) AHECC AHECC Description 20120 Fresh or chilled meat cuts of bovine animals, with bone in (excl. carcasses and half-carcasses) Fresh or chilled boneless meat cuts of bovine animals 117,227 Frozen meat cuts of bovine animals, with bone in (excl. carcasses and halfcarcasses) Frozen boneless meat cuts of bovine animals 2,004,123 20130 20220 20230 20422 Value (FOB) $A 444,326 30,038,211 20442 Fresh or chilled meat cuts of sheep, with bone in (excl. carcasses and halfcarcasses) Frozen meat cuts of sheep, with bone in (excl. carcasses and half-carcasses) 20443 Frozen boneless meat cuts of sheep 20450 Fresh, chilled or frozen meat of goats 20629 Frozen edible offal of bovine animals (excl. tongues and livers) 20630 Fresh or chilled edible offal of swine 20649 Frozen edible offal of swine (excl. livers) 20690 Frozen edible offal of sheep, goats, horses, asses, mules or hinnies 30236 30711 Fresh or chilled southern bluefin tunas (Thunnus maccoyii) (excl. fillets and other meat of HS 0304 and livers and roes) Fresh or chilled fish of the types listed in HS 03025 (excl. cod, haddock, coalfish, hake, Alaska Pollack and blue whitings; fillets and other meat of HS 0304 and livers and roes) Fresh or chilled fish (excl. fish of HS 03021, 03022, 03023, 03024, 03025 and 03027; dogfish and other sharks; rays and skates; toothfish, seabass; seabream; fillets and other meat of HS 0304 and live Frozen salmonidae (excl. sockeye salmon (red salmon); Pacific salmon; Atlantic salmon; Danube salmon; trout; fillets and other meat of HS 0304 and livers and roes) Frozen southern bluefin tunas (Thunnus maccoyii) (excl. fillets and other meat of HS 0304 and livers and roes) Frozen lobsters (Homarus spp.), whether in shell or not, raw, dried, salted, in brine or smoked, or cooked in shell by steaming or boiling in water (excl. rock lobsters and Norway lobsters (Nephrops n Frozen shrimps and prawns (excl. cold-water shrimps and prawns), whether in shell or not, raw, dried, salted, in brine or smoked, or cooked in shell by steaming or boiling in water Unfrozen rock lobster and sea crawfish (Palinurus spp., Panulirus spp., Jasus spp.), whether in shell or not, live, fresh, chilled, dried, salted, in brine or smoked, or cooked in shell by steaming or Unfrozen lobsters (Homarus spp.), whether in shell or not, live, fresh, chilled, dried, salted, in brine or smoked, or cooked in shell by steaming or by boiling in water (excl. rock lobsters and Norwa Unfrozen crabs, whether in shell or not, live, fresh, chilled, dried, salted, in brine or smoked, whether or not cooked before or during the smoking process; or cooked in shell by steaming or by boili Live, fresh or chilled oysters, whether in shell or not 30731 Live, fresh or chilled mussels (Mytilus spp., Perna spp.), whether in shell or not 48,539 30781 Live, fresh or chilled abalone (Haliotis spp.), whether in shell or not 39,840 30789 Albalone (Haliotis spp.), whether in shell or not, frozen, dried, salted, in brine or smoked, whether or not cooked before or during the smoking process Molluscs (excl. oysters, scallops, mussels, cuttlefish, squid, octopus, snails (excl. sea snail), clams, cockles, ark shell & abalone) frozen, dried, salted, in brine or smoked & flour, meals & pellet Concentrated milk and cream, powder, granules or other solid forms, of a fat content, by weight, exceeding 1.5%, not containing added sugar or other sweetening matter Milk and cream (excl. in powder, granules or other solid forms), containing added sugar or other sweetening matter, whether or not concentrated 30259 30289 30319 30346 30612 30617 30621 30622 30624 30799 40221 40299 115,635 82,287,462 6,110,104 3,567 869,156 4,015 739,097 11,106,780 37,954 4,809 11,942 3,684 1,802,845 6,912 4,250 20,808 133,000 64,166 724,138 426,835 55,661 601,942 205,996 92 40610 Fresh (unripened or uncured) cheese (incl. whey cheese & curd) 40900 Natural honey 50400 AHECC Guts, bladders and stomachs of animals (excl. those of fish), whole and pieces thereof, fresh, chilled, frozen, salted, in brine, dried or smoked AHECC Description 80212 Shelled, fresh or dried almonds, whether or not peeled 80510 Fresh or dried oranges 91091 100199 Mixtures of two or more products from different headings of HS 0904 to HS 0910, referred to in Note 1 (b) of this Chapter Wheat and meslin (excl. seed and durum wheat) 100210 Rye seed 100310 Barley seed 110100 Wheat or meslin flour 110290 Cereal flours (excl. flours of wheat, meslin and maize (corn)) 110412 Rolled or flaked grains of oats 120510 120921 Low erucic acid rape or colza seeds (see Subheading note 1 of this Chapter for further explanation), whether or not broken Lucerne (alfalfa) seeds, of a kind used for sowing 120922 Clover (Trifolium spp.) seeds, of a kind used for sowing 120925 150210 Rye grass (Lolium multiflorum Lam., Lolium perenne L.) seeds, of a kind used for sowing Seeds, fruit and spores, of a kind used for sowing (excl. seeds of sugar beet; seeds of lucerne, clover, fescue, grass and other forage plants; seeds of herbaceous plants cultivated mainly for their f Cereal straw and husks (incl. feed for animals during a voyage) unprepared, whether or not chopped, ground, pressed or in the form of pellets Swedes, mangolds, fodder roots, hay, clover, sainfoin, forage kale, lupins, vetches and similar forage products (incl. feed for animals during a voyage), whether or not in the form of pellets (excl. l Tallow of bovine animals, sheep or goats (excl. that of HS 1503) 150290 Fats of bovine animals, sheep or goats (excl. fats of HS 1503 and tallow) 150910 Virgin olive oil, not chemically modified 150990 Refined olive oil and its fractions, not chemically modified 73,419 151000 Oils and their fractions, obtained solely from olives (excl. oils of HS 1509), whether or not refined, but not chemically modified (incl. olive-residue oils; and blends of these oils or fractions with Prepared or preserved abalone (excl. abalone of Chapter 03) 86,458 Sugar confectionery (incl. white chocolate) not containing cocoa (excl. chewing gum) Food preparations of flour, groats, meal, starch, malt extract or of dairy products of HS 0401 to HS 0404 (cocoa content as specified in HS 1901), for infant use, put up for retail sale Mixes and doughs (cocoa content as specified in HS 1901) for preparation of bread, pastry, cakes, biscuits & other bakers wares, communion wafers, empty cachets suitable for pharmaceutical use, sealin Malt extract; food preparations of flour, groats, meal, starch, malt extract or goods of 0401 to 0404 (cocoa content stated in HS 1901) (excl. for infant use, put up for retail sale; mixes & dough fo Sweet biscuits, whether or not containing cocoa 13,420 120999 121300 121490 160557 170490 190110 190120 190190 190531 190590 200190 200599 Bakers wares, with or without cocoa (excl. crispbread, gingerbread & the like, sweet biscuits, waffles, wafers, rusks, toasted bread & similar); communion & sealing wafers, empty cachets for pharmaceu Vegetables, fruits, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid (excl. cucumbers and gherkins) Unfrozen vegetables & mixtures of vegetables, prepared or preserved other than by vinegar or acetic acid (excl. homogenised veges; potatoes; peas; beans; asparagus; olives; sweet corn; bamboo shoots; 2,865,444 332,809 14,246,445 Value (FOB) $A 17,765 2,495,910 17,472 38,613,055 97,527 913,922 67,858 8,440 254,962 54,326,244 53,674 1,050,824 86,903 64,307 180,000 18,202,697 2,315,480 239,532 1,158,302 3,204 111,159 7,616 74,080 21,600 20,561 270 5,440 93 200791 200799 Jams, jellies, marmalades, purees and pastes, of citrus fruits, obtained by cooking, whether or not containing added sugar or other sweetening matter (excl. homogenised preparations) Jams, fruit jellies, marmalades, fruit or nut purees and fruit or nut pastes, obtained by cooking, whether or not containing added sugar or other sweetening matter (excl. homogenised preparations and 54,572 87,770 94 AHECC AHECC Description 200912 210230 Unfrozen orange juice, of a Brix value not exceeding 20, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter Grapefruit (incl. pomelo) juice, of a Brix value not exceeding 20, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter Grape juice (incl. grape must), of a Brix value not exceeding 30, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter Grape juice (incl. grape must), of a Brix value exceeding 30, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter Apple juice, of a Brix value not exceeding 20, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter Juice of any single fruit or vegetable (excl. orange, grapefruit & other citrus fruits; pineapple; tomato; apple; cranberry; grape and grape must), unfermented and with no added spirit, with or withou Mixtures of fruit (incl. grape must) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter Inactive yeasts; other dead single-cell micro-organisms (excl. vaccines of HS 3002 and medicaments or other products of HS 3003 and HS 3004) Prepared baking powders 210320 Tomato ketchup and other tomato sauces 7,963 210390 Sauces and similar preparations used as sauces or food accompaniments (incl. salsas), mixed condiments and mixed seasonings (excl. soya sauce, tomato ketchup and other tomato sauces; mustard flour and Food preparations (excl. those previously identified in Chapter 21), not elsewhere specified or included Waters, ice and snow (excl. mineral waters and aerated waters), not containing added sugar or other sweetening matter nor flavoured Waters (incl. mineral waters and aerated waters), containing added sugar or other sweetening matter or flavoured Non-alcoholic beverages (excl. fruit or vegetable juices of HS 2009, waters, ice and snow) Sparkling wine from fresh grapes 7,774 200921 200961 200969 200971 200989 200990 210220 210690 220190 220210 220290 220410 220421 220820 Wine of fresh grapes (excl. sparkling wines) and grape must (excl. grape must of HS 2009) with fermentation prevented or arrested by the addition of alcohol, in containers not exceeding 2 L Wine of fresh grapes (excl. sparkling wines) and grape must (excl. grape must of HS 2009) with fermentation prevented or arrested by the addition of alcohol, in containers exceeding 2 L Grape must (excl. grape must of HS 2009, grape must with fermentation prevented or arrested by the addition of alcohol and sparkling wine) Fermented beverages (incl. cider, perry and mead) (excl. beer made from malt and wine of fresh grapes), mixtures of fermented beverages and non-alcoholic beverages not elsewhere specified or included Spirits obtained by distilling grape wine or grape marc 220870 Liqueurs and cordials 230240 Brans, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of cereals (excl. those of maize (corn) or of wheat) 220429 220430 220600 Value (FOB) $A 22,266 37,696 430,801 566,291 24,869 71,568 364,566 2,451 1,053 517,866 55,980 368,934 1,262,022 1,442,158 104,611,362 7,302,155 804,554 114,088 120,608 18 21,318 95 Agriculture provisions under ChAFTA in comparison to other FTAs Agriculture provisions in the Korea Australia Free Trade Agreement, the Japan Australia Economic Partnership Agreement, the China-Australia Free Trade Agreement and the New Zealand China Free Trade Agreement.21 Item Korea Japan China NZ FTA with China (from October 2008)22 Beef Eliminate the 40 % tariff on beef and 18 % tariff on bovine offal over 15 years. Japan currently imposes a 38.5% tariff on beef imports. The tariff on frozen beef will be cut to 19.5%, with an eight percentage point cut in the first year, two in the second year and one in the third year (18 years). China currently imposes tariffs of 12-25% on beef imports. These will be removed in 9 years. Zero tariffs on imports by 2016. Korea has the right to apply a safeguard measure (initially a 40% tariff falling to 30% then 24% in 5 year intervals) for the next 15 years for volumes over a base level of imports which is increasing by 2% a year. Australian exports to Korea in 2012 and 2013 were about 125,000t and the base volume for the safeguard measure is higher than that at 154,584t. Australia in recent years has accounted for over half of Korean beef imports.23 The tariff on fresh beef will be cut to 23.5 %. The tariff will be cut by six percentage points in the first year, followed by annual one percentage point cuts (15 years). Japan has the right to apply a safeguard measure. On frozen beef exports, the trigger volume is 195,000t, with growth of 1500t a year over 10years. For any Australian exports above the trigger volume in the first 12 months the tariff automatically ‘snaps back’ to 38.5pc. A 12% tariff on offal will be removed in 47 years. China has retained the right to apply a safeguard restriction on beef imports (but not offal). The trigger starts at 170,000 tonnes and grows over time. The trigger is reported to be ‘10% above the peak of Australia’s historic calendar year peak levels to China’. Exports in 2013-2014 were 161,000 tonnes and 93,000 tonnes the year before. On chilled beef exports, the trigger volume will start at 130,000t, with Primary source of this material is this website http://www.dfat.gov.au/fta/m supplemented by other reporting referred to in the following footnotes. See also http://ftatool.com.au/ An earlier version of this table is included in Christopher Findlay, ‘Australia’s Free Trade Agreements with Japan and South Korea: Lessons for the Future’, ch. 12 in Tang, Guoqiang, and Peter A. Petri. "New directions in Asia-Pacific economic integration." East West Centre, Hawaii (2014). 22 Primary source of this material is http://www.chinafta.govt.nz/1-The-agreement/3-Publications/Key-outcomes.pdf 23 http://www.mla.com.au/Prices-and-markets/Trends-and-analysis/Beef/Forecasts/MLA-cattle-industry-projections-2013/82beef-exports-Korea 21 96 1500t a year growth for ten years. 24 Sugar Abolish the 3 % tariff on raw sugar. Wheat Eliminate the 1.8 % tariff on wheat The year-one trigger levels are higher than recent years, eg in 2013 volumes of 115,000t chilled and 173,000t frozen. 24 The official website say that ‘Australian sugar exporters will benefit from tariff elimination and reduced levies for international standard raw sugar’ but the industry says ‘Australia has been supplying a specialised Japangrade sugar for many years to the Japanese market, which is inherently different to the international grade sugar supplied to its other customers. While the announced change of a tariff reduction on international standard sugar from 184% to a 110% effective tariff is welcome, clearly this will not improve Australia’s access to Japan. The tariff remains significantly higher than that of the effective tariff on the special grade sugar that Australia supplies which remains unchanged at 70%.’25 Not included. Not included.26 n/a Not included. 27 n/a http://www.beefcentral.com/news/article/4499 25 http://www.canegrowers.com.au/page/Industry_Centre/Media_Centre/Media_Releases/Japan_as_disappointing_as_04_US_free_tra de_agreement_for_sugar_ASA/ 26 DFAT notes that ‘China applies quotas on imports of rice, wheat, maize, sugar and vegetable oils. These are open to all WTO members, including Australia. In-quota tariffs are set at only 1 per cent for wool, rice, wheat, cotton and maize; 8 to 10 per cent for vegetable oils and related products and 15 per cent for sugar. Imports of vegetable oils are no longer administered through a quota. Australia’s exports of these products enter China under existing WTO arrangements. Arguing that these products are key staples and already enjoy virtually duty-free access, China has not further liberalised these products in any of its FTAs to date. Accordingly, China has not provided preferential access to Australia under ChAFTA.’ http://dfat.gov.au/trade/agreements/chafta/factsheets/Pages/fact-sheet-agriculture-and-processed-food.aspx 27 See note 6. 97 and 8 % tariff on wheat gluten. Dairy Tariffs of 36 % on cheese and 89 % on butter will be eliminated between 13 and 20 years. Australian dairy exporters will also benefit from growing duty free quotas for cheese, butter and infant formula. Under current arrangements, Australia exports 27,000t of cheese duty-free under a global quota. Australia has gained a preferential, dutyfree Australia-only quota growing to 20,000t (above which a tariff of 29% applies). Halving of the 40pc tariff on processed cheese over 10 years and immediate tariff cuts on grated and powdered cheese as well as a 20pc tariff cut on cheese such as blueveined, with no volume restrictions. Japan has granted immediate dutyfree access for milk products such as protein concentrates and casein, with tariffs of up to 5.4 %. Elimination of the 15 per cent tariff on infant formula within 4 years. Elimination of the 10 - 19 per cent tariff on ice cream, lactose, casein and milk albumins within 4 years. Elimination of the 15 per cent tariff on liquid milk within 9 years. Elimination of the 10 to 15 per cent tariff on cheese, butter and yogurt within 9 years. Elimination of the 10 per cent tariff on milk powders within 11 years. A safeguard in whole milk powder applies. China’s tariff on butter, liquid milk and cheese will be removed over 10 years (2017). Tariffs on skim and whole milk powders will be removed over 12 years (2019). Milk powders are subject to a midterm review mechanism that, if triggered, could extend the phase out by a maximum of 1 year. Dairy products with a 10 or 12-year phase out will be subject to a quantity-based safeguard, which extends 5 years after the tariffs have been eliminated (i.e. for up to 15 or 17 years in total). Ice cream and yoghurt, a 50 per cent reduction of a 14.9 per cent tariff and increased quotas, plus a review trigger if another country gets a better deal on dairy.28 Skim milk, fresh cheese and butter are not covered. Lamb/goat/pork 28 Eliminate the 22.5 % tariff on all sheep and goat meat over 10 years. Tariffs were zero for lamb and will be bound at zero. Tariffs on pork cut to 2.2% from 4.3%, within a quota that limits volume to Elimination of the tariffs on sheepmeat (currently ranging from 12 to 23 per cent) within 8 years. Tariffs on sheep meat removed over 9 years (2016). http://www.abc.net.au/news/2014-04-23/andrew-robb-hits-back-at-japan-deal-criticism/5406428 98 Tariffs on key pork exports of 22.5 to 25 % will be eliminated in five to 15 years. 6,700 metric tons in the first year and rises to 16,700 tons within five years.29 Elimination of the 18 per cent tariff on frozen sheepmeat offal within 7 years Elimination of the 20 per cent tariff on goat meat within 8 years. Live animals n/a Horticulture Cherries, almonds and dried grapes, will enter Korea duty free on entry into force. These currently face tariffs of 8 to 24 %. Tariffs on macadamia nuts, fruit juices, mangoes, asparagus and lentils, ranging from 27 to 54 %, will be phased out over 3 to 10 years. 5% tariff on macadamia nuts eliminated immediately, 7.8% in season tariff and 17% off season tariff on table grapes eliminated over 10 years, 16% and 17% in season tariff on oranges and mandarins eliminated over 10 and 15 years respectively, 10% tariff on grapefruit eliminated over 5 years.30 Tariffs on potatoes for chipping (current tariff 304 %), oranges (50 %), fresh table grapes (24 %), and mandarins (144 %) will be eliminated during Australian exporting seasons. Barley (and other grains) A growing dutyfree quota for malt and malting barley and eliminate high out-of-quota tariffs Elimination of tariffs of up to 20% on pork meat eliminated within 4 years. Elimination of all tariffs on live animal exports within four years, including the 10 per cent tariff on live cattle (purebred breeding cattle now enter China duty free). Elimination of the 10 to 25 per cent tariff on macadamia nuts, almonds, walnuts, pistachios and all other nuts within 4 years. n/a Fruit and vegetable tariffs were phased out over 5 years (2012). Kiwifruit tariffs were phased out over 9 years (2016). Elimination of the 11 to 30 per cent tariff on oranges, mandarins, lemons and all other citrus fruits within 8 years. Elimination of the 10 to 30 per cent tariff on all other fruit within 4 years. Elimination of the 10 to 13 per cent tariff on all fresh vegetables within 4 years. Barley exporters will have ‘increased duty-free access’. Immediate elimination of the 3 per cent tariff on barley and 2 per n/a http://www.agweb.com/article/japan_adds_pork_tariff_cut_to_beef_in_trade_pact_with_australia_BLMG/ According to this source, pork imports from Australia were about 700 tons in the 12 months to March 31, 2013. Japan imported 738,455 tons of pork worth $3.8 billion in 2013, of which 38% came from the U.S., the world’s largest exporter. 30 http://www.weeklytimesnow.com.au/commodities/horticulture/japan-free-trade-agreement-is-big-a-boost-tohorticulture/story-fnker6g8-1226884737630 29 99 of 269 and 513 % over 15 years. cent tariff sorghum. on Elimination over 4 years of the 15 per cent tariff on cotton seeds. Elimination of the 10 per cent tariff on malt and wheat gluten within 4 years. Immediate elimination of the 2 per cent tariff on oats, buckwheat, millet and quinoa. Elimination of tariffs of up to 7 per cent on pulses within 4 years. Rice Excluded.31 Excluded. Excluded. n/a Seafood Southern bluefin tuna (current tariff 10 %) and rock lobsters (20 %) will enter duty free after three years. Tariffs on shrimps and prawns, rock lobsters, abalone (fresh or preserved), oysters, crabs, yellowfin tuna, toothfish, sea urchins and fish oils and southern bluefin tuna will be eliminated. Elimination of the 14 per cent tariff on abalone within 4 years. Products for which tariffs were 5% or less became immediately duty free. Elimination of the 15 per cent tariff on rock lobster within 4 years. Others were phased out over 5 years (by 2012). Elimination of the 12 per cent tariff on southern bluefin tuna, salmon, trout and swordfish within 4 years. Elimination of the 14 per cent tariff on crabs, oysters, scallops and mussels within 4 years. Elimination of the up-to-8 per cent tariffs on prawns within 4 years. The full list of exclusions is the following: rice, unhulled barley, milk powders, condensed milk, some abalone, ginger, apples, pears, watermelon, walnuts, onions, capsicums, garlic, honey, oak mushrooms, chestnuts, shallots, some berries, green tea, ginseng, sesame oil and frozen pork belly. 31 100 Wine Eliminate the 15 % tariff on Australian wine immediately. Wool Already zero. Tariffs on bulk wine will be eliminated immediately and those on bottled and sparkling wine will be subject to ‘quick tariff elimination’. Already zero. Tariffs of 14 to 20 per cent on Australian wine imports will be eliminated within 4 years. Tariffs of up to 65 per cent on other alcoholic beverages and spirits will be eliminated within 4 years. China provides ‘virtually’ duty-free access on wool, under a large WTO tariff rate quota of 287,000 tonnes. Tariffs within this quota are set at 1 per cent. China has the right to impose a 38 per cent tariff outside the quota, but traditionally it has not done this. Hides, skins leather and n/s n/s In addition to the existing WTO quota, Australia will receive an exclusive duty-free Country Specific Quota of 30,000 tonnes clean wool (approximately 43,000 tonnes greasy wool). This volume will grow by 5 per cent each year to almost 45,000 tonnes clean (approximately 64,300 tonnes greasy) by 2024, all at duty-free rates. Elimination of the 7 per cent tariff on sheep skins over 4 years – exports worth $378 million in 2013-14. Tariffs on wine reduced over 5 years (by 2012). The FTA creates a country-specific tariff quota to provide duty free treatment for an initial quantity (in 2009) of 25,000 tonnes of wool and 450 tonnes of wool tops, with an annual growth rate of 5 percent over 8 years through to 2017. The initial level of the quota provides NZ exporters with duty-free access for approximately 75 percent of exports at the time of signing. For exports outside the country quote, NZ exporters will still be able to access China’s global wool quota.32 n/s Elimination of the 5 to 8.4 per cent tariffs on cow hides and skins between 2 and 7 years – imports worth around $576 million. Elimination of the 9 per cent tariff on 32 See note 6. 101 kangaroo hides and skins and the 14 per cent tariff on kangaroo leather over 4 years. Processed Foods n/s Tariffs up to seven per cent on vegetable juices (carrot and mixed vegetables) eliminated within seven years; grape and mixed vegetable juices over five years and on apple and grapefruit juices over 10 years. The nine per cent tariff on canned tomatoes will be eliminated over five years and tariffs up to 10.8 per cent on canned and preserved fruits such as peaches and pears will be eliminated over seven years. Tariffs on prepared foods such as soups and broths, jams and peanut butter will be eliminated within 10 years. Elimination of tariffs on various pet foods from entry into force up to 10 years. Elimination of tariffs between 5 and 14 per cent on a range of other leather products either on day one of the Agreement or over 4 years Elimination of the 7.5 to 30 per cent tariff on orange juice within 7 years, and elimination of tariffs of up to 30 per cent on other fruit juices within 4 years. n/s Elimination of the 15 per cent tariff on natural honey, and the up-to-25 per cent tariff on honeyrelated products, within 4 years. Elimination of the 15 per cent tariff on pasta within 4 years. Elimination of the 8 to 10 per cent tariff on chocolate within 4 years. Elimination of the 15 to 25 per cent tariff on canned tomatoes, peaches, pears and apricots within 4 years. Elimination of the 15 to 20 per cent tariff on biscuits and cakes within 4 years. Around 95 per cent of Australia’s chocolate exports will enter Japan duty-free or at a reduced tariff rate. The nine per cent tariff on crisp breads will be eliminated over 15 years and tariffs on 102 biscuits, pastry, cakes and breakfast cereals will be reduced. Tariffs of 17 per cent on tea will be eliminated over ten years. The 25.5 per cent tariff on honey will be eliminated over ten years under a growing quota. 103 ChAFTA’s Impact on Agribusiness: A case study of wine Kym Anderson (drawing on recent modelling work with Glyn Wittwer) Wine Economics Research Centre School of Economics University of Adelaide Adelaide, SA 5005 [email protected] July 2015 Background paper for the multi-sectoral analysis of the impact on South Australia of the Australia-China Free Trade Agreement (ChAFTA). Views expressed are the author’s alone. 104 ChAFTA’s Impact on Agribusiness: A case study of wine The signing of the Australia-China Free Trade Agreement (ChAFTA) in mid-2015, following Australia’s signing in late 2014 of FTAs with Japan and Korea, offer the prospect of Australia reversing the impact of the earlier signing by Chile and New Zealand of their FTAs with China (and by Chile of FTAs also with Japan and Korea). Trade diversion resulted from those earlier FTAs signed by agricultural-exporting countries whose producers are close competitors to Australia’s farmers and agribusinesses in East Asian markets. As a result, Australia’s share of imports into China rose less rapidly because of preferential access provided to Chile and New Zealand. Had Australia not negotiated the ChAFTA, its share of China’s imports would have continued to grow less rapidly as the Chile and New Zealand FTAs with China continued to be phased in over the next few years. For South Australia, one of the most important agricultural products that was being subjected to trade diversion is wine, since the vast majority of Australia’s wine exports are from South Australian-based wineries. This paper therefore provides, as a case study, an analysis of that product’s trade between Australia and China as it would have been to 2018 (a) without any of the above-mentioned FTAs, (b) with just Chile and New Zealand FTAs, and (c) with Australia’s three recent FTAs as well. It makes sense to consider Australia’s bilateral FTAs with Japan and Korea alongside its FTA with Japan because they will be implemented simultaneously – although, as we will see in the case of wine, China is by far the most-important East Asian market for Australia. Rice wine is common in Asia, but wine made from grapes has had a very minor role traditionally. Prior to this century grape wine was consumed only by Asia’s elite, and produced only in tiny quantities and mostly in just Japan and – from the late 1980s – China.33 However, income growth and a preference swing towards this traditional European product have changed the consumption situation dramatically. 33 Winegrape production in China may have begun more than two millennia ago, but it would have been only for the ruling elite’s pleasure (Huang 2000 (pp. 240-246); McGovern 2003, 2009). For developments in East Asian wine markets to the turn of this century, see Findlay et al. (2004). 105 China is also expanding its area of vineyards and is now the world’s 6 th largest producer of grape-based wine (hereafter called just wine), up from 14th as recently as 2001.34 To date that supply expansion has not been able to keep up with China’s growth in demand though, so wine imports have surged. Nor are those imports only of low quality. The average current US$ price of Asia’s wine imports grew at 7% per year between 2000 and 2009, compared with only 5.5% in the rest of the world. By 2009 Asia’s average import price was nearly 80% higher than the world average (and more than four times higher in the case of Hong Kong and Singapore). Even the unit values of China’s imports of both still bottled and sparkling wines were above the global average by 2009 (Anderson and Nelgen 2011). Meanwhile, shortly after removing its tariff on wine imports in February 2008, Hong Kong became the world’s most important market for ultra-premium and iconic wines. What is the future of Asia and especially China in the world’s wine markets? What roles will preferential trade agreements play? And how much will China’s austerity/anti-corruption drive, introduced rapidly through 2013, dampen conspicuous consumption of luxuries such as expensive wines? This paper addresses each of these questions, drawing on a recent paper by Anderson and Wittwer (2015). It first draws on comparative advantage theory, then looks at the recent history in more detail before presenting some projections for 2018 under various assumptions about economic growth, real exchange rates, bilateral trade agreements, and China’s austerity measures. It concludes that is set to continue to change global markets for wines dramatically, and that Australia – especially South Australia – is going to be better placed to capture a greater share of China’s wine import market as a consequence of ChAFTA. Determinants of Comparative Advantage in Wine According to the workhorse theory of comparative advantage developed in the 20th century, we should expect agricultural trade to occur between relatively lightly populated economies that are well-endowed with agricultural land and those that are densely populated with little agricultural land per worker (Krueger 1977). Leamer 34 China is also the world’s largest producer of table grapes. Its total vineyard area surpassed that of France in 2014, at 799,000 hectares compared with France’s 792,000, and so is now 2nd only to Spain’s 1.02 million hectares (OIV 2015). 106 (1987) developed this model further and related it to paths of economic development. If the stock of natural resources is unchanged, rapid growth by one or more countries relative to others in their availability of produced capital (physical plus human skills and technological knowledge) per unit of available labour time would tend to cause those economies to strengthen their comparative advantage in non-primary products. By contrast, a discovery of minerals or energy raw materials would strengthen that country’s comparative advantage in mining and weaken its comparative advantage in agricultural and other tradable products, other things equal. It would also boost national income and hence the demand for nontradables, which would cause mobile resources to move into the production of nontradable goods and services, further reducing farm and industrial production (Corden 1984; Garnaut 2014; Freebairn 2015). As port etc. infrastructure is develops and costs of trading internationally fall for the country, more products move from the nontradable to the tradable category (Venables 2004). At early stages of development of a country with a relatively small stock of natural resources per worker, wages would be low and the country is likely to have an initial comparative cost advantage in unskilled labour-intensive, standardtechnology manufactures. Then as the stock of industrial capital grows, there would be a gradual move toward exporting manufactures that are relatively intensive in their use of physical capital, skills and knowledge. Natural resource-abundant economies, however, may invest more in capital specific to primary production and so would not develop a comparative advantage in manufacturing until a later stage of development, at which time their industrial exports would be relatively capital intensive. The above theory of changing comparative has been used successfully to explain Asia’s resource-poor first- and second-generation industrializing economies becoming more dependent on imports of primary products from their resource-rich trading partners (see, e.g., Anderson and Smith 1981). But how helpful is that theory for explaining comparative advantage in wine? Grape-based wine is dependent on winegrapes as an input, and they are too perishable to be transported internationally without at least the first stages of processing. The lowest-quality winegrapes and wine can be produced in less-thanideal regions and sold as an undifferentiated commodity without a great deal of 107 knowhow, but only at prices barely above the cost of production for most grapegrowers. To produce a higher-quality product that can be differentiated from other wines by consumers, and thus attract a higher price, requires far more technological knowledge and skills in grape growing, wine making and wine marketing in addition to access to high-quality vineyard land or at least grapes therefrom. To be economically sustainable the producer also needs ready access to financial capital to cover the very considerable up-front establishment costs and to finance the years when receipts fall short of outgoings, including the first seven years before cash income begins to exceed cash outlays. Secure property rights over the vineyard land are essential as well, since the lifetime of vines can be 30+ years. Three determinants of particular importance to a country’s competiveness in producing wine rather than other farm products are terroir, traditions, and technologies. Terroir refers to various pertinent aspects of climate, topography, soils, geology, etc. that determine the quality of the vine’s growing conditions. Vineyard site selection therefore is crucial. Experience has determined the best sites and mostsuitable grape varieties in long-established regions, whereas in new regions science has to be used to speed the process of approaching the potential of any region to produce quality winegrapes. The conventional wisdom is that winegrapes grow best between the 30o and 50o temperate latitude bands north and south of the equator, and where rain is concentrated in the winter and summer harvest times are dry. Lower latitudes typically result in lower-quality winegrapes. However, simultaneously moving to higher altitudes can help, because temperatures decline about 5 o centigrade per 1000 metres of elevation (Gladstones 1992; Ashenfelter and Storchmann 2014). Traditions determine not only how a product is produced but also the extent of local consumer demand. This is important for wine because typically local demand is the easiest and least costly for producers to satisfy, as there are relatively high fixed costs of entry into new export markets. Stigler and Becker (1977) argue that economists should begin by assuming tastes are stable over time and similar among people, and then focus on explaining differences in consumption patterns using standard determinants such as relative prices and real incomes. Social norms and 108 religion can also influence interest in consumption of alcoholic beverages, and those can alter with economic integration/globalization (Aizenman and Brooks 2008). As for technologies, there is always potential to improve the efficiency of traditional production, processing, entrepreneurship and marketing, be that by trial and error of practitioners over the generations or via formal investment in private and public research and development (R&D). The New World wine-producing countries have been more dependent on newly developed technologies and less on terroir than have producers in Western Europe, although both sets of countries have made major R&D investments – and expanded complementary tertiary education in viticulture, oenology and wine marketing – over the past half-century (Giuliana, Morrison and Rabellotti 2011). Those technologies potentially are transferrable to other countries, a process that has been greatly accelerated over the past two decades through two mechanisms. One is the emergence of fly-in, fly-out viticulturalists and winemakers from both Old World and New World wine-producing countries (Williams 1995). The other mechanism is via foreign direct investment joint ventures: by combining two firms’ technical and market knowledge, the latest technologies can be diffused to new regions more rapidly. New technologies in agriculture have long tended to be biased in favour of saving the scarcest factor of production, as reflected in relative factor prices. Hayami and Ruttan (1985) emphasize that the focus of R&D investments has been driven in part by changes in factor prices, and in particular by the rise in real wages. That has resulted in the development and/or adoption of labour-saving technologies such as mechanical harvesters and pruners for vineyards and super-fast (even robotic) bottling/labelling equipment for wineries in viticultural land-abundant, labour-scarce countries. The adoption of labour-saving technologies has helped countries with rapidly rising real wages retain their comparative advantage in what traditionally had been (at least at the primary stage of grape growing) a labour-intensive industry. This in turn means poorer countries need to find sources of comparative advantage other than just low wages. Relative factor endowments affect the comparative advantage of a country in terms also of the quality of its exported products. New trade theory suggests richer, capital-abundant countries will export higher-quality and hence higher-priced goods (Fajgelbaum, Grossman and Helpman 2011). 109 A further set of influences on comparative advantage that can be important at certain times relates to currency exchange rate movements. A macroeconomic shock such as Argentina’s devaluation against the US dollar by two-thirds in late 2001, or a doubling in the Australian-US dollar exchange rate over the subsequent decade due largely to Australia’s mining boom, have had major (and opposite) impacts on the international competiveness of wineries in those two Southern Hemisphere countries (Anderson and Wittwer 2013). Asia’s Wine Production, Consumption and Trade to Date The previous section provides plenty of reasons for not expecting much winegrape production in most Asian countries. There is almost no tradition of wine consumption domestically, most people’s incomes until very recently have been too low for wine to be a priority, there are very few regions with suitable terroir especially where it is not hot and/or humid, and in numerous Islamic Asian countries their religion frowns on alcohol. It is thus not surprising that the only Asian countries with a significant area of grapevines (of which only a small fraction is used in wine making) are parts of Japan, Korea and China. About 1% of South Korea’s small crop area has been devoted to vines over the past two decades, and just 0.4% of Japan’s since the 1970s, with little change in either country over those periods. By contrast, the share of crop area under vines in China has been growing rapidly, more than doubling since the turn of the century. Even so, that share in China is still not quite as high as in Japan, which suggests there is scope for substantially more expansion without encroaching very much on land used for food production (bearing in mind also that quality winegrapes grow better on poor slopes than on fertile flat land).35 China has been open to foreign direct investment in vineyards and wineries, and has welcomed flying vignerons as consultants. It even seems to have found ways to provide adequate property rights for investors, notwithstanding the fact that farm land cannot be privately owned in 35 Australia also had only 0.4% of its crop area under vines in 2008. By contrast, shares that year are as high as 4% in France, 6% in Spain and New Zealand, 8% in Italy and 14% in Portugal (Anderson and Nelgen 2011, Table 6). It should be noted that the quality of grape and wine data for China are lower than for the other countries mentioned in this paper, but they are the best the author has been able to assemble. 110 China. Its vineyards are heavily focusing on red varieties (considered by Chinese people to be best for their health), especially ones originating in France.36 China’s volume of wine production has been growing more than twice as fast as its area under vines. This has been possible not just because the share of domestically grown grapes destined for wine has risen but also because China imports a lot of wine in bulk and blends it with wine made from Chinese grapes. This is legally feasible because national labeling laws are such that a bottle marked ‘Product of China’ is required to have only 10% local content. Turning to consumption, there are only five Asian countries plus Hong Kong and Taiwan where per capita grape-based wine consumption has yet to exceed 0.2 litres per year. In each of those countries the level in 2012 was well above that of 2000, but the most dramatic increase has been in China (Figure 1(a)). Since China is also the most populous country, its growth has overwhelmingly dominated Asia’s overall increase in wine consumption, which has increased more than six-fold since 2000 (Figure 1(b)). China accounted for barely half of Asia’s wine consumption in 2000, but now it accounts for all but one-fifth. Populous India, by contrast, has a wine industry that is less than one-fiftieth the size of China’s, notwithstanding its doubledigit growth during the past decade. During the first decade of this century wine doubled its share of Asia’s recorded consumption of alcohol, but that brought it to just 3%, or only one-fifth of wine’s global share of recorded alcohol consumption. The same handful of Asian countries are the only ones in which wine’s share is above the Asian average (Figure 2). So despite the recent rapid growth in wine consumption in Asia, the potential for further expansion remains enormous, given the current very low level of per capita consumption and share of wine in total alcohol purchases. The rapid aging and educating of the populations in Asia’s emerging economies also lends itself to a continuing expansion of demand for wine there. Certainly the new Chinese Government’s austerity/anti-corruption drive has been discouraging consumption of expensive wines and other luxuries since 2014 but, as suggested below, that 36 In 2010, 96% of China’s winegrape area was planted to red varieties (mostly Cabernet Sauvignon), and the country of origin of 97% of the varieties is France (Anderson 2013, pp. 243 and 635). 111 influence is much less on lower-quality wines – which are by far the most voluminous (Table 1). No Asian country has yet produced grape-based wine for export in noticeable quantities. As for import dependence, it varied in 2009 from 15% in China (up from 8% in 2000-05) to 68% in Japan, 96% in Korea, and 100% for all other Asian countries (Anderson and Nelgen 2011, Table 54). Thus China’s share of Asian wine imports is much less than its share of consumption, especially when expressed in value terms because the unit value of China’s imports in 2009 was only half the Asian average. Even so, China together with Hong Kong (which re-exports perhaps one-fifth of its wine imports to China) dominates Asia’s aggregate wine imports and their growth (Figure 3).37 Not surprisingly, therefore, Australia’s exports to those two destinations have grown exponentially this century (Figure 4). One needs to be careful not to diminish the role that some other Asian countries play as significant importers of high-quality wine though. As can be seen in Figure 3, the shares of those countries in the value of world imports far exceed their volume shares, reflecting the fact that the average price of their imports is well above that of most other countries. For small producers of super-premium wines, especially in nearby Australia, they are important and profitable markets. Needless to say, Asian wine imports would be considerably larger if import tariffs and excise taxes on wine were less. In numerous Asian countries they exceed those for beer and spirits on a per-litre-of-alcohol basis (Table 2). The decision by Hong Kong to eliminate its tariff on wine imports in early 2008 is partly why its imports in Figure 3 are so much higher by the end than the beginning of the previous decade, and why Australia’s wine exports to Hong Kong grew so rapidly over the past seven years (Figure 4). Even without any reforms of those taxes, consumption and imports of wine in Asia are destined to rise over the years to come. How much they might rise, and how much domestic wine production might expand to satisfy at least some of that demand increase, is not easy to predict. A recent study nonetheless has focused on projecting the world’s wine markets over the next few years. The next section reports on its findings as they relate to Asia, and how recent policy changes could impact on Australia’s wine exports. 37 For Google motion charts on the growth of China’s wine imports during 1997 to 2011, see Lewis (2013). 112 Projecting the World’s Wine Markets to 2018 Anderson and Wittwer (2013) have a model of the world’s wine markets in which those markets are disaggregated into non-premium (including bulk), commercialpremium, and super-premium wines.38 Two types of grapes are specified, premium and non-premium. Non-premium wine uses non-premium grapes exclusively, superpremium wines use premium grapes exclusively, and commercial-premium wines use both types of grapes. The model divides the world into 44 individual nations and 7 composite regions. The model’s database is calibrated initially to 2009, based on the comprehensive volume and value data and trade and excise tax data provided in Anderson and Nelgen (2011, Sections V, VI and VII). It is projected forward in two steps. The first step involves using actual aggregate national consumption and population growth between 2009 and 2011, together with changes in real exchange rates (RERs). The second step assumes aggregate national consumption and population grow from 2011 to 2018 at the rates shown in Appendix Table 1, and that RERs over that period either (a) remain at their 2011 levels or (b) return half-way to their 2009 rates (except for China, whose RER is assumed to continue to slightly appreciate, by 2 percent per year between 2011 and 2018). In each of those steps, a number of additional baseline assumptions are made regarding preferences, technologies, and capital stocks. Concerning preferences, there is assumed to be a considerable swing towards consumption of all wine types in China, as more Chinese earn middle-class incomes. Since aggregate wine consumption is projected by the major commodity forecasters to rise by 70 percent rise over that 7-year period, the increase in China’s consumption is calibrated to that in the more-likely scenario in which exchange rates revert half-way back from 2011 to 2009 rates. That implies a rise in per capita consumption from 1.0 to 1.6 litres per year. This may be too conservative. Per capita 38 Commercial-premium still wines are defined by Anderson and Nelgen (2011) to be those between US$2.50 and $7.50 per litre pre-tax at a country’s border or wholesale, with those below $2.50 called non-premium and those above $7.50 called super-premium. Sparkling wines are treated as an additional category, but trditionally they have been of very minor importance to Australia’s wine exports. 113 wine consumption grew faster than that in several West European wine-importing countries in recent decades, and Vinexpo claims China’s consumption was already 1.4 litres by 2012. True, annual per capita wine consumption in Hong Kong is only 3 litres, and Japan’s is rarely above 2 litres; but with the number of middle class in China currently around 250 million and growing at 10 million per year (Kharas 2010; Barton, Chen and Jin 2013), and with grape-based wine still accounting for less than 4 percent of alcohol consumption by China’s 1.1 billion adults, it is not unreasonable to expect large increases in volumes of wine demanded. However, if China’s income growth were to grow slower than the rate assumed in the base case, and if that meant China’s RER did not continue to appreciate slightly, wine import growth would be slower. As for the rest of the world, the long trend preference swing away from non-premium wines is assumed to continue. Both grape and wine industry total factor productivity is assumed to grow at 1 percent per year everywhere, while grape and wine industry capital is assumed to grow net of depreciation at 1.5 percent per year in China but zero elsewhere. This means that China’s production rises by about one-sixth, one-quarter and one-third for non-premium, commercial-premium and super-premium wines between 2011 and 2018 – which in aggregate is less than half that needed to keep up with the modeled baseline growth in China’s consumption. Of course if China’s wine production from domestic winegrapes were to grow faster than the rate assumed in the base scenario, wine imports would increase less. Given the uncertainty associated with several dimensions of developments in China’s wine markets, the more likely of the two main scenarios to 2018 (in which RERs for all but China revert half-way back from 2011 to 2009 rates, called Alternative 1) is compared with a third scenario (called Alternative 2) in which three dimensions are altered: China’s aggregate expenditure growth during 2011-18 is reduced by one-quarter (from 7.8 to 5.6 percent per year), its RER does not change from 2011 instead of appreciating at 2 percent per year over that period, and its grape and wine industry capital is assumed to grow at 3 instead of 1.5 percent per year. Each of those three changes ensures a smaller increase in China’s wine imports by 2018 in this Alternative 2 scenario. However, this should be considered a lower-bound import projection because, even if China’s growth in GDP, industrialization and infrastructure spending were to slow down more than assumed 114 in the Base and Alternative 1 scenarios, Chinese households nonetheless are being encouraged to lower their extraordinarily high savings rates and consume more of their income. In addition, grape wine is encouraged as an alternative to the dominant alcoholic beverages of (barley-based) beer and (rice-based) spirits because of its perceived health benefits and because it does not undermine food security by diminishing foodgrain supplies. This global model has supply and demand equations and hence quantities and prices for each of the grape and wine products and for a single composite of all other products in each country. Grapes are assumed to be not traded internationally, but other products are both exported and imported. Each market is assumed to have cleared before any shock, and to find a new market-clearing outcome following any exogenously introduced shock. All prices are expressed in real (2009) terms. To project global wine markets forward, it is assumed that aggregate national consumption and population grow from 2011 to 2018 at the rates shown in Appendix Table 1 and that preferences, technologies, and capital stocks continue to change as described above, plus that RERs over that period either remain at their 2011 levels (the Base Scenario) or return half-way to their 2009 rates (except for China). The latter RER changes began to happen in mid-2013 and had been achieved by mid2015, so the Alternative 1 scenario is more likely to be representative of the real world by 2018 than the Base Scenario. The third scenario (Alternative 2) presents a lower-bound projection of what might happen to Chinese wine import demand if China’s economy slows by one-quarter, its RER ceases to appreciate, and simultaneously its domestic grape and wine production capital grows twice as fast. In all three of these scenarios in this section of the paper, new FTAs and China’s austerity drive are ignored, but are considered in the following section. Table 3(a) suggests China’s production of grapes and wine would grow at similar rates in the first two scenarios: by one-sixth for non-premium wine and a bit over one-quarter for premium wines. In the third scenario those rises increase to onequarter for non-premium wine and to more than one-third for premium wines. The income, population and preference changes together mean that Asian consumption volumes grow dramatically over the period to 2018 except in Japan where the increase is confined to super-premium wine (Table 4). For China the 115 increase is around two-thirds in the first two scenarios and a little less than one-half in the third (slower growth) scenario, whereas for other emerging Asian countries they increase only one-seventh or one-sixth. Given the vast differences between Asian countries in their 2011 consumption levels though, China dominates the volume growth globally while Western Europe sees a decline in its consumption which dampens somewhat global consumption growth (Figure 5). The fall in Europe is mainly due to the hefty weight in its consumption of the declining non-premium wine sub-sector – continuing the trend in that region of the past three decades. When combined with the changes projected in production, it is possible to get a picture of what is projected to happen to wine trade. Table 5 provides projections for the main wine-trading regions. In terms of volumes, world trade expands 6% by 2018 in the base scenario, and 7% in the Alternative 1 scenario in which RERs change. Virtually all of that increase in those two scenarios is due to China’s import growth. In the Alternative 2 scenario, in which China imports less, global trade also expands less (by only 4%). In terms of the real value of global trade, however, the upgrading of demand elsewhere means that China accounts for smaller fractions of the growth in the global import value, namely 36%, 43%, and 30% in the Base, Alternative 1 and Alternative 2 scenarios, respectively. In all three scenarios China dominates Asian import growth, and the value of global wine trade rises by about one-sixth (last row of Table 5). It is not surprising that China is such a dominant force in these projections, given the dramatic growth in its wine consumption over the past dozen years (Figure 1), the expectation of continued high growth in its income over the next five years (albeit somewhat slower than in the past five years), and the assumption that China’s winegrape production growth cannot keep pace with domestic demand growth. As a result, China’s share of consumption supplied domestically falls from its 2009 level of 85% to 57%, 54% and 67% in 2018 in the Base, Alternative 1 and Alternative 2 scenarios for 2018, respectively. France is projected to remain dominant in imports by China, but in the morelikely Alternative 1 scenario with a part-reversal of recent exchange rate movements, the increase in China’s imports from Australia is slightly greater than that from France in value terms and each of the other exporters’ shares are less than one-third those of Australia and France in value terms (Figure 6). 116 Projected bilateral trade changes for Australia and Chile are summarized in Table 6 for the most-likely Alternative 1 scenario. They benefit greatly from China's burgeoning demands. In volume terms that is slightly at the expense of growth in their exports to other regions, although not in value terms because of the modeled upgrading of quality in those other markets. Projected growth in real export values in local currency terms is even larger than in the US$ terms shown in Table 6 due to the modeled real depreciation of the currencies of those two countries. For example, Australia's export value growth of US$987 million converts to an Australian dollar increase of AUD1440 million. Australia’s projected volume growth in this scenario is an extra 21ML of wine per year being exported to China during 2011 to 2018. That should be manageable, as it is the same rate of increase in Australia’s sales to the United States during the first decade of this century. Impacts on Projections of Recent Policy Developments: China’s FTAs and Austerity The above results have not taken into account the signing of bilateral free-trade agreements (FTAs) with China, nor the austerity/anti-corruption drive that began in 2013 and has impacted heavily on official banqueting and expensive gift-giving. The pertinent FTAs involve the gradual lowering of tariffs on China’s wine imports from wine-exporting countries. The general tariffs in 2008 were 14% on sparkling and still bottled wine and 20% on bulk wine. They have since been phased down to zero by 2012 for New Zealand and will be zero by 2016 for Chile. They will also be zero for Australia by 2016 for bottled wine and by 2018 for bulk wine. To model the impact of those FTAs, we do so in two steps, starting with the Alternative 1 scenario from the previous section. In the first step we send to zero by 2018 the China tariffs on wine from Chile and New Zealand, they being the earlier FTAs (signed in 2006 and 2008, respectively). In the second step we then also phase out tariffs on China’s wine imports from Australia, it being the most-recent country to sign a bilateral FTA with China (in 2015). Tables 3(b) and 7 reveal that these FTAs will have almost no discernible impacts on grape and wine production or on wine consumption in China, especially 117 compared with the changes between 2011 and 2018 expected from the Alternative 1 projections shown in the first column of those tables. The FTAs’ impacts on international trade in wine are somewhat more significant, but still not large. Table 8(b) suggests that Chile and New Zealand have been gaining market share in China (especially in volume terms for Chile), partly at Australia’s expense; but with the signing of the Australia-China FTA those trade gains for Chile and New Zealand are to be somewhat reduced while Australia’s export gain will more than offset the reduction it otherwise would have suffered from those two earlier-signed FTAs. From China’s viewpoint it benefits more in volume than value of wine imports from the earlier two FTA’s, in contrast to adding the FTA with Australia which boosts value much more than volume of its wine imports. The impact of the three FTAs on bilateral trade patterns is summarized in Table 9. China’s imports from its new FTA partners in the Southern Hemisphere will grow at the expense of its imports from the United States and Europe, and those FTA partners’ wine exports to countries other than China will shrink – although by less than the increase in their exports to China. That is, global trade creation outweighs trade diversion from these FTAs in the case of wine, according to these results, as also confirmed in the bottom rows of Tables 8(a) and 8(b). The other policy development of significance to wine is China’s austerity drive. That is simulated with a leftward shift in China’s domestic demand for super-premium wines sufficient to reduce the projected expansion during 2011-18 in those quality wines by 9.2% (see Table 7). That has very little impact on China’s grape and wine production (last column of Table 3), and only a minor influence on the overall volume of wine imports by China. However, the austerity drive’s impact on the value of China’s wine imports and of France and Australia’s wine exports to China is nontrivial, because the drive is depressing the prices of super-premium wines. As a result, the estimated value of China’s imports will be $80 million less in 2018, with Australia and France bearing most of that fall: their exports are lower by about 2%, or $19 million and $46 million, respectively (Table 10). Summary and Implications 118 China has already become by far the most important wine-consuming country in Asia, and the above projections point to the enormous speed with which China may become an even more dominant market for wine exporters, with a projected extra 620-940 ML to be added by 2018 to its consumption of 1630 ML in 2011. Since China’s domestic production is projected to increase by ‘only’ about 210-290 ML by 2018, its net imports are projected to rise by between 330 and 740 ML – or 50ML more once the full impact of the three FTAs with Southern Hemisphere countries are felt. Certainly the recent austerity drive is going to dampen the growth in superpremium and iconic wine sales in China, but because those quality wines are still only a small share of the total sales volume the drive’s impact on China’s aggregate wine consumption and imports is very minor. While the recent and projected rates of increase in per capita wine consumption in China are no faster than what occurred in several northwestern European countries in earlier decades, it is the sheer size of China’s adult population of 1.1 billion – and the fact that grape wine still accounts for less than 4 percent of Chinese alcohol consumption – that makes this import growth opportunity unprecedented. It would be somewhat less if China’s own winegrape production increases faster, as in the Alternative 2 scenario above, but certainly in as short a period as the next five years that is unlikely to be able to reduce the growth in China’s wine imports very much, especially at the super-premium end of the spectrum and notwithstanding that country’s recent austerity drive. Of course these projections are not predictions. Where exchange rates move, and how fast various countries’ wine producers take advantage of the projected market growth opportunities in Asia, will be key determinants of the actual changes in market shares over the coming years. Not all segments of the industry are projected to benefit, with non-premium producers in Australia and elsewhere facing falling prices if demand for their product continues to dwindle as projected above. But Australia’s exporting firms willing to invest sufficiently in building relationships with their Chinese importer/distributor – or in grapegrowing or winemaking as joint venturers within China – may well enjoy long-term benefits from such investments, and more so because of ChAFTA. 119 Figure 1: Per capitaa and total consumption of grape wine in Asia, 2000 to 2014 (a) Per capita consumption (litres) 4.00 3.50 3.00 2.50 2.00 1.50 1.00 0.50 0.00 2000 2012 (b) Total wine consumption (ML) a All other Asian countries consume less than 0.2 litres per capita per year Source: Updated from Anderson and Nelgen (2011) using Euromonitor International 120 Figure 2: Wine’s share of total alcohol consumption in Asia,a 2000 and 2009 (percent) 16 14 12 10 8 2000 2009 6 4 2 0 a For all other Asian countries wine’s share of alcohol consumption is less than 3% Source: Anderson and Nelgen (2011) 121 Figure 3: Shares in the volume and value of global wine imports, developing Asia, 2009 (%) 2.5 Volume 2000 2.0 1.5 Volume 2009 Value 2000 Value 2009 1.0 0.5 0.0 a Japan’s volume (value) shares are 5.8% (5.3%) in 2000 and 3.9% (2.1%) in 2009 Source: Anderson and Nelgen (2011) 122 Figure 4: Value of Australia’s wine exports to China and Hong Kong, 2001 to 2015 (AUD million) Source: Wine Australia (see its Winefacts website at www.agwa.net.au) 123 Figure 5: Projected changes in consumption of all wines, 2011-2018a (ML) 1200 1000 Base 800 ALT 1 600 ALT 2 400 200 0 -200 -400 -600 ‘Base’ refers to the simulation assuming there are no changes in real exchange rates between 2011 and 2018; ‘Alt. 1’ assumes real exchange rates revert half way back from 2011 to 2009 rates by 2018 except for China’s which appreciates 2%pa; and ‘Alt. 2’ assumes China’s RER does not change from 2011, and its aggregate expenditure grows one-quarter less while its grape and wine capital grow twice as fast as in ‘Alt. 1’. a Source: Anderson and Wittwer (2013) 124 Figure 6: Shares of China’s wine import value, by source, 2009 and projected 2018a (percent) 45 40 35 30 25 20 15 10 5 0 2009 2018 ‘Base 2018’ refers to the simulation assuming there are no changes in real exchange rates between 2011 and 2018; ‘Alt. 1’ assumes real exchange rates revert half way back from 2011 to 2009 rates by 2018 except for China’s which appreciates 2%pa; and ‘Alt. 2’ assumes China’s RER does not change from 2011, and its aggregate expenditure grows one-quarter less while its grape and wine capital grow twice as fast as in ‘Alt. 1’. a Source: Anderson and Wittwer (2013) 125 Table 1: China’s wine production, consumption and trade, by quality categories, 2009 (ML) Production Imports Consumption 600 344 18 962 80 86 7 173 680 430 25 1135 Non-premium Commercial premium Super premium TOTAL Selfsufficiency (%) 88 80 72 85 Source: Anderson and Nelgen (2011, Section VI). Table 2: Ad valorem consumer tax equivalenta of excise plus import taxes on alcoholic beverages, 2008 (%) China Japan Hong Kong India Korea Philippines Taiwan Thailand Vietnam Nonpremium wine (A$2.50/litre ) Commercial premium wine (A$7.50/litre ) Super premium wine (A$20/litre) Beer (A$2 /litre) Spirits (A$15 /litre) 32 32 0 165 46 22 23 232 88 25 11 0 155 46 12 14 117 88 25 4 0 152 46 9 12 81 88 18 0 0 100 124 10 2 51 96 21 12 100 151 114 35 23 52 115 a At the prices shown in the column headings (expressed in Australian dollars), excluding VAT/GST. Vietnam rates refer to 2012 Source: Anderson (2010), expanded to include China and Vietnam. 126 Table 3: Projected grape and wine output volume changes for China, 2011 to 2018a (%) (a) Core scenarios to 2018 Non-premium wine Commercial-premium wine Super-premium wine Premium grapes Non-premium grapes BASE ALT 1 ALT 2 18 26 29 20 18 17 25 29 20 17 24 35 39 31 27 (b) Policy change scenarios: impacts relative to ALT 1 in 2018 Non-premium wine Commercial-premium wine Super-premium wine Premium grapes Non-premium grapes FTAs with NZ and Chile ALT 1 (% from ALT 1 base) 17.1 25.1 28.8 19.9 17.4 -0.1 -0.1 0.0 0.0 0.0 FTA with Australia Austerity scenario (% from NZ+Chile (% from 3 FTAs FTAs scenario) scenario) -0.1 -0.1 -0.1 -0.1 -0.1 0.1 0.1 -0.1 0.0 0.0 ‘Base’ refers to the simulation assuming there are no changes in real exchange rates between 2011 and 2018; ‘Alt. 1’ assumes real exchange rates revert half way back from 2011 to 2009 rates by 2018 except for China’s which appreciates 2%pa; and ‘Alt. 2’ assumes China’s RER does not change from 2011, and its aggregate expenditure grows one-quarter less while its grape and wine capital grow twice as fast as in ‘Alt. 1’. ‘FTA’ refers to removing the tariffs on China’s wine imports from the country(-ies) mentioned with whom it has signed a bilateral Free Trade Agreement. The ‘Austerity’ simulation assumes China’s demand for super-premium wines expands by one-eleventh less than in the simulation involving the 3 FTAs. a Source: Anderson and Wittwer (2015) Table 4: Projected changes in quantities of wine consumed in Asia, 2011 to 2018 (%) (a) Base scenario (assuming no RER changes from 2011) 127 Non-premium wines Commercial-premium wines Super-premium wines All wines CHINA 29 JAPAN -14 OTHER ASIA 0 87 -3 10 87 62 9 -1 27 17 (b) Alternative 1 (assuming RERs return half-way from 2011 to 2009 rates) Non-premium wines Commercial-premium wines Super-premium wines All wines CHINA 31 95 100 70 JAPAN -14 -4 9 -2 OTHER ASIA 1 9 27 16 (c) Alternative 2 (assuming also slower Chinese import growth) Non-premium wines Commercial-premium wines Super-premium wines All wines CHINA 26 JAPAN -14 OTHER ASIA -1 73 -3 10 69 46 9 -1 25 14 Source: Anderson and Wittwer (2013) Table 5: Projected change in global wine import and export volumes and values, 2011 to 2018a (a) Imports China Japan Other Asia United Kingdom North America Other Europe Other Volume (ML) Base Alt. 1 627 739 -10 -13 30 24 -54 -36 -23 11 -122 -176 152 151 Alt. 2 334 -10 26 -29 37 -140 141 Value (US$m) Base Alt. 1 1948 2309 262 235 615 520 98 179 961 1106 1012 740 498 259 Alt. 2 1178 230 539 93 1015 552 318 128 WORLD 600 700 359 5394 5548 3925 (b) Exports Australia Other New World Old World WORLD Volume (ML) Base Alt. 1 0 92 78 222 521 600 (6%) 387 702 (7%) Alt. 2 59 75 224 359 (4%) Value (US$m) Base Alt. 1 336 987 469 965 Alt. 2 675 597 4370 5394 (17%) 2653 3925 (15%) 3537 5602 (17%) ‘Base’ refers to the simulation assuming there are no changes in real exchange rates between 2011 and 2018; ‘Alt. 1’ assumes real exchange rates revert half way back from 2011 to 2009 rates by 2018 except for China’s which appreciates 2%pa; and ‘Alt. 2’ assumes China’s RER does not change from 2011, and its aggregate expenditure grows one-quarter less while its grape and wine capital grow twice as fast as in ‘Alt. 1’. a Source: Anderson and Wittwer (2013) 129 Table 6: Changes in export volumes and values of Australia and Chile in the Alternative 1 scenario, 2011 to 2018b (a) Volumes (ML) Exporter: Importer: United Kingdom United States Canada New Zealand Germany Other W. Europea China Japan Other Asia Other countries WORLD Australia Chile -24 -15 -3 -2 -2 -10 -9 -3 0 -7 -9 150 -1 0 -2 92 -18 194 -2 1 1 147 Australia Chile 50 114 38 9 0 33 1 22 6 0 -4 -2 662 6 51 24 987 237 4 8 43 325 (b) Values (US$m) Exporter: Importer: United Kingdom United States Canada New Zealand Germany Other W. Europea China Japan Other Asia Other countries WORLD a Other W. Europe = Belgium, Denmark, Finland, Ireland, the Netherlands, Sweden and Switzerland The ‘Alternative 1’ scenario assumes real exchange rates revert half way back from 2011 to 2009 rates by 2018 except for China’s which appreciates 2%pa. b Source: Anderson and Wittwer (2013) 130 Table 7: Policy-induced wine consumption volume changes for China, 2018a (%) ALT 1 (% change from 2011) Non-premium wine Commercial-premium wine Super-premium wine ALL WINES 31 95 100 70 FTAs with NZ and Chile +FTA with Australia (% from NZ+Chile (% from ALT 1 base) FTAs scenario) 0.2 0.3 0.3 0.3 0.2 0.5 0.9 0.4 Austerity scenario (% from 3 FTAs scenario) 0.0 0.0 -9.2 -0.2 ‘Alt. 1’ assumes real exchange rates revert half way back from 2011 to 2009 rates by 2018 except for China’s which appreciates 2%pa. ‘FTA’ refers to removing the tariffs on China’s wine imports from the country(-ies) mentioned with whom it has signed a bilateral Free Trade Agreement. The ‘Austerity’ simulation assumes China’s demand for super-premium wines expands by one-eleventh less than in the simulation involving the 3 FTAs. a Source: Anderson and Wittwer (2015) 131 Table 8: Policy-induced changes in global wine import and export volumes and values, 2018 (a) Imports Volume (ML) FTAs +FTA with with NZ Australia and ALT 1 (ML from Chile (ML NZ+Chile China Japan Other Asia United Kingdom North America Other Europe Other WORLD Value (US$m) FTAs +FTA with with NZ Australia and ALT 1 ($m from Chile ($m NZ+Chile change from 2011) (ML from ALT 1 base) FTAs scenario) change from 2011) ($m from ALT 1 base) FTAs scenario) 739 -13 24 -36 11 -176 153 702 52 0 0 -1 -5 -1 0 43 4 0 0 -2 -9 -1 0 -6 2309 235 520 179 1106 740 313 5602 34 0 0 3 0 4 0 43 86 0 1 7 0 1 0 104 (b) Exports Volume (ML) FTAs +FTA with with NZ Australia and ALT 1 (ML from Chile (ML NZ+Chile Australia Other New World Old World WORLD Value (US$m) FTAs +FTA with with NZ Australia and ALT 1 ($m from Chile ($m NZ+Chile change from 2011) (ML from ALT 1 base) FTAs scenario) change from 2011) ($m from ALT 1 base) FTAs scenario) 92 222 387 702 -1 44 0 43 10 -11 -5 -6 987 965 3537 5602 -11 60 -5 43 135 -18 -12 104 ‘Alt. 1’ assumes real exchange rates revert half way back from 2011 to 2009 rates by 2018 except for China’s which appreciates 2%pa. ‘FTA’ refers to removing the tariffs on China’s wine imports from the country(-ies) mentioned with whom it has signed a bilateral Free Trade Agreement. a Source: Anderson and Wittwer (2015) 132 133 Table 9: Marginal impact of three FTAs on changes in export volumes and values of wine-exporting countries in the Alternative 1 scenario, 2011 to 2018b (a) Volumes (ML) Exporter: Australia Importer: United Kingdom United States Canada New Zealand Germany Other W. Europea China Japan Other Asia Other countries WORLD Other Southern Hemisphere United Western States European exporters -10 -13 -2 -1 -1 -2 -5 -1 0 -2 1 0 1 0 0 7 3 2 0 1 -4 42 0 -1 -1 9 -3 54 -1 0 -4 36 0 -6 0 0 1 -3 5 -30 1 1 3 -7 Exporter: Australia Importer: Other Southern Hemisphere (b) Values (US$m) United Kingdom United States Canada New Zealand Germany Other W. Europea China Japan Other Asia Other countries WORLD United Western States European exporters -15 -23 -5 -1 -1 -1 -5 -1 0 -1 2 0 2 0 0 22 23 6 1 3 -7 187 -2 -7 -2 125 -5 76 -1 -2 -2 58 1 -23 0 1 1 -16 13 -104 2 6 11 -17 a Other W. Europe = Belgium, Denmark, Finland, Ireland, the Netherlands, Sweden and Switzerland The ‘Alternative 1’ scenario assumes real exchange rates revert half way back from 2011 to 2009 rates by 2018 except for China’s which appreciates 2%pa. b Source: Anderson and Wittwer (2015) 134 Table 10: Impact of China’s austerity drive on global wine import and export volumes and values, 2018a (a) Imports Volume (ML) ALT 1 Austerity scenario (ML China Other Asia UK + Other Europe North America Other WORLD Value (US$m) ALT 1 Austerity scenario ($m change from 2011) (ML from ALT 1 base) change from 2011) ($m from ALT 1 base) 739 11 -212 -3 1 2309 755 919 -80 -6 11 151 702 0 1 0 -1 1106 313 5602 -3 2 0 -87 (b) Exports Volume (ML) ALT 1 Austerity scenario (ML Australia Other New World France Other Old World WORLD Value (US$m) ALT 1 Austerity scenario ($m change from 2011) (ML from ALT 1 base) change from 2011) ($m from ALT 1 base) 92 222 185 202 702 0 0 -1 0 -1 987 965 2657 880 5602 -19 -10 -46 -12 -87 ‘Alt. 1’ assumes real exchange rates revert half way back from 2011 to 2009 rates by 2018 except for China’s which appreciates 2%pa. The ‘Austerity’ simulation assumes China’s demand for super-premium wines expands by one-eleventh less than in the simulation involving the 3 FTAs. a Source: Anderson and Wittwer (2015) 135 Appendix Table 1: Cumulative consumption and population growth, 2011 to 2018 (percent) France Italy Portugal Spain Austria Belgium Denmark Finland Germany Greece Ireland Netherlands Sweden Switzerland United Kingdom Other W. Europe Bulgaria Croatia Georgia Hungary Moldova Romania Russia Ukraine Other E. Europe Aggregate consumption 10.0 10.0 10.0 Population 0.7 0.7 0.7 Aggregate consumption Population Australia 17.8 7.3 NewZealand 15.4 5.9 Canada 14.2 5.6 United States 15.5 5.2 Argentina 30.0 4.9 Brazil 27.3 3.8 Chile 23.4 5.0 Mexico 22.0 4.6 Uruguay 25.6 7.3 Other L. Am 25.6 7.3 South Africa 23.1 3.0 Turkey 31.8 9.1 North Africa 31.8 9.1 Other Africa 55.8 15.1 Middle East 31.8 9.1 10.0 10.0 10.0 10.0 10.0 10.0 10.0 10.0 10.0 10.0 10.0 10.0 0.7 0.7 0.7 0.7 0.7 0.7 0.7 0.7 0.7 0.7 0.7 0.7 10.0 23.1 23.1 23.1 23.1 23.1 23.1 20.6 23.1 0.7 1.9 1.9 1.9 1.9 1.9 1.9 -1.7 1.9 China Hong Kong India Japan Korea Malaysia Philippines Singapore Taiwan 69.0 23.7 63.1 7.1 22.0 34.4 34.4 18.6 34.6 2.7 4.7 7.0 -1.3 0.7 8.2 9.8 5.6 2.3 23.1 1.9 Thailand Other Asia 36.0 32.2 2.6 11.2 Source: Projections from global economy-wide modeling by Anderson and Strutt (2012). 136 APPENDIX 2: SERVICES & INVESTMENTS A. SERVICE SECTORS INCLUDED ON THE FIVE COMPARED TRADE AGREEMENT AND THE COMPARISON OF SERVICE SECTOR DIFFERENCES WITH CHAFTA IN REGARDS TO CHINA’S COMMITMENTS B. COMMITMENTS ON FOREIGN DIRECT INVESTMENT SET ON THE OTHER COMPARED AGREEMENTS 137 A. Service Sectors Included on the Five Compared Trade Agreement and the Comparison of Service Sector Differences with ChAFTA in regards to China’s Commitments China-Australia Free Trade Agreement (ChAFTA) Sectors included Australia Sectors included on Annex III, part 1: schedule of Australia on specific commitments on services are (Negative list): 2. Security services 3. Professional services a. Patent attorney services b. Trustee company services c. Auditing services d. Architecture services e. Migration agent services f. Customs broker services 4. Communication services a. Courier services b. Telecommunication 5. Research and Development services* 6. Real Estate and Distribution services 7. Fishing and Pearling services 8. Mining and Related Services 9. Other Business a. Escort agency services 10. Distribution services a. Marketing board arrangements – Rice b. Marketing board arrangements – Potatoes c. Firearms retail service d. Liquor, tobacco and kava retail services e. Wine merchant/producer services* 11. Health services a. Serum laboratories 12. Tourism and Travel-related services a. Travel agent operator 13. Recreational, Cultural and Sporting services a. Nature conservation services 14. Transport services a. Maritime transport services(ocean carrier) b. Air transport services c. Road transport 15. Financial services a. Banking and other financial services Part B – maintenance of existing, or adoption of new or more restrictive measures 1. Communication services a. Broadcasting services b. Audiovisual services 2. Recreational, Cultural and Sporting services a. Creative arts, cultural and other cultural industries services b. Library, archive, museums and other cultural services 138 3. Distribution services a. Wholesale and retail trade services of tobacco products, alcoholic beverages, or firearms 4. Education services a. Primary education services b. Other education services 5. Gambling and Betting services 6. Maritime Transport 7. Air Transport 8. Financial services a. Banking and other financial services b. Insurance and insurance-related services China Sectors included on Annex III, part 2: schedule of the People’s Republic of China on specific commitments on services are: 2. Business Services a. Professional services i. Legal services (excluding Chinese law practice) ii. Accounting, auditing and bookkeeping services iii. Taxation services iv. Architectural services v. Engineering services vi. Integrated Engineering services vii. Urban planning services (except general urban planning) viii. Medical and dental services b. Computer and related services c. Research and Development services d. Real Estate services e. Other Business services i. Advertising services ii. Market research services (only limited to investigation services designed to secure information on the prospects and performance of an organisation’s products in the market) iii. Services incidental to agriculture39, forestry, hunting and fishing iv. Management consulting services v. Services related to management consulting (only limited to the following subsector) 1. Project management services other than for construction vi. Technical testing and analysis services and freight inspection, excluding statutory inspection services for freight inspection services vii. Services incidental to mining (only including oil and natural gas) viii. Services incidental to manufacturing (except for CPC 88442, and excluding prohibited foreign investment industries defined in Catalogue for the Guidance of Foreign Investment Industries published by the Chinese Government) ix. Related scientific and technical consulting services x. Maintenance and repair services xi. Maintenance and repair of office machinery and equipment including computers xii. Building-cleaning services xiii. Photographic services xiv. Packaging services xv. Printing and publishing services (only limited to the printing of packaging materials) 39 CPC 881 includes wine manufacturing services (88182) 139 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. xvi. Convention services xvii. Translation and interpretation services xviii. Rental and leasing services (excluding CPC 83202) Communication Services a. Courier services (except for those specifically reserved to Chinese postal authorities by law b. Telecommunication services c. Audiovisual services Construction and Related Engineering Services Distribution Services a. Commission Agent’s services b. Wholesale trade services c. Retailing services (excluding tobacco) d. Franchising e. Wholesale or retail trade services away from a fixed location Education services (excluding special education services e.g. military, police, political and party school education) a. Primary education services (excluding national compulsory education) b. Secondary education services (excluding national compulsory education) c. Higher education services d. Adult education services e. Other education services (including English language training) Environmental services (excluding environmental quality monitoring and pollution source inspection) a. Sewage services b. Solid waste disposal services c. Cleaning services of exhaust gases d. Noise abatement services e. Nature and landscape protection services f. Other environmental protection services g. Sanitation services Financial Services a. All insurance and insurance-related services b. Banking and other financial services Health Related and Social Services a. Hospital services (excluding Traditional Chinese Medicine hospitals) b. Social services (services for the aged) Tourism and Travel Related Services a. Hotels (including apartment buildings) and Restaurants b. Travel Agency and Tour Operator Recreational, Cultural and Sporting services Transport services a. Maritime Transport services b. Auxiliary Services i. Maritime cargo-handling services ii. Customs clearance services iii. Container station and depot services iv. Maritime agency services c. Internal Waterways Transport d. Air Transport services e. Rail Transport services f. Road Transport services g. Services Auxiliary to all Modes of Transport 140 141 New Zealand – China Free Trade Agreement Sectors included New Zealand Sectors included on Annex 8, part B: New Zealand schedule of specific commitments on services are: 1. Business Services a. Professional services i. Legal services ii. Accounting, auditing and bookkeeping services iii. Taxation services iv. Architectural services v. Engineering services vi. Veterinary services b. Computer and related services c. Real Estate services d. Rental/Leasing of Equipment without Crew e. Other Business services i. Advertising services ii. Services incidental to agriculture, forestry, hunting and fishing iii. Cleaning of buildings and similar services iv. Photographic services v. Translation services vi. Duplicating services 2. Communication Services a. Telecommunication services b. Audiovisual services 3. Construction and Related Engineering Services 4. Distribution Services a. Commission Agent’s services b. Wholesale trade services c. Retail trade services 5. Education services (excluding special education services e.g. military, police, political and party school education) a. Primary education services (in private institutions) b. Secondary education services (in private institutions) c. Tertiary education services (in private institutions) d. Other education services (in respect of the following services only): i. Training provided in private specialist language institutions; ii. Language assessment services provided through private Chinese language testing centres; iii. Tuition in subjects taught at the primary and secondary levels, provided by private specialist institutions operating outside the New Zealand compulsory school system 40. 6. Environmental services (excluding environmental quality monitoring and pollution source inspection) a. Sewage services b. Solid waste disposal services c. Cleaning services of exhaust gases d. Noise abatement services e. Nature and landscape protection services f. Other environmental protection services g. Sanitation services 40 Examples of these services might include the provisions of extension or remedial tuition in relation to Maths, Science or history. 142 7. Financial Services a. All insurance and insurance-related services b. Banking and other financial services 8. Tourism and Travel Related Services a. Hotels (including apartment buildings) and Restaurants b. Travel Agency and Tour Operator 9. Recreational, Cultural and Sporting services 10. Transport services a. Maritime Transport services b. Auxiliary Services i. Maritime cargo-handling services ii. Customs clearance services iii. Container station and depot services iv. Maritime agency services c. Internal Waterways Transport d. Air Transport services e. Rail Transport services f. Road Transport services g. Services Auxiliary to all Modes of Transport China Sectors included on Annex 8 part A: China schedule of specific commitments on services are: 1. Business Services a. Professional services i. Legal services (excluding Chinese law practice) ii. Accounting, auditing and bookkeeping services iii. Taxation services iv. Architectural services v. Engineering services vi. Integrated Engineering services vii. Urban planning services Except general urban planning) viii. Medical and dental services b. Computer and related services c. Real Estate services d. Other Business services i. Advertising services ii. Services incidental to agriculture, forestry, hunting and fishing iii. Management consulting services iv. Services related to management consulting v. Technical testing and analysis services and freight inspection, excluding statutory inspection services for freight inspection services vi. Related scientific and technical consulting services vii. Maintenance and repair services viii. Maintenance and repair of office machinery and equipment including computers ix. Photographic services x. Packaging services xi. Convention services xii. Translation and interpretation services xiii. Rental and leasing services 2. Communication Services a. Courier services b. Telecommunication services c. Audiovisual services 143 3. Construction and Related Engineering Services 4. Distribution Services a. Commission Agent’s services b. Wholesale trade services c. Retailing services (excluding tobacco) d. Franchising e. Wholesale or retail trade services away from a fixed location 5. Education services (excluding special education services e.g. military, police, political and party school education) a. Primary education services (excluding national compulsory education) b. Secondary education services (excluding national compulsory education) c. Higher education services d. Adult education services e. Other education services (including English language training) 6. Environmental services (excluding environmental quality monitoring and pollution source inspection) a. Sewage services b. Solid waste disposal services c. Cleaning services of exhaust gases d. Noise abatement services e. Nature and landscape protection services f. Other environmental protection services g. Sanitation services 7. Financial Services a. All insurance and insurance-related services b. Banking and other financial services 8. Tourism and Travel Related Services a. Hotels (including apartment buildings) and Restaurants b. Travel Agency and Tour Operator 9. Recreational, Cultural and Sporting services 10. Transport services a. Maritime Transport services b. Auxiliary Services i. Maritime cargo-handling services ii. Customs clearance services iii. Container station and depot services iv. Maritime agency services c. Internal Waterways Transport d. Air Transport services e. Rail Transport services f. Road Transport services g. Services Auxiliary to all Modes of Transport 144 Sector differences between ChAFTA and ChNZFTA – China’s schedule ChAFTA Research & Development Services (Business) Market research services (other business) services incidental to mining, only including oil and natural gas (other business) Services incidental to manufacturing (other business) - Field services for iron, copper, manganese, coal bed methane and shale gas (Related scientific technical consulting services – other business) Building-cleaning services (other business) Printing of packaging materials, on a fee or contract basis (other business) Hospital services (excluding Traditional Chinese Medicine hospitals) (health related and social services) Social services – services for the aged (health related and social services) - Selling and marketing of air transport (Air transport) Airport Operation services (Air transport) Ground Handling services (Air transport) Specialty Air services (Air transport) Passenger transportation (Road Transport) ChNZFTA Maintenance and repair service of motor vehicle (Road Transport) Other, excluding freight inspection (Services Auxiliary to all Modes of Transport) 145 ASEAN-China Free Trade Area Trade in Services Agreement (TIS Agreement) Sectors included China Sectors included on Annex 1/SC1 of ASEAN-China Agreement on Trade in Services: schedule of the People’s Republic of China on specific commitments on services for the first package of commitments are: 1. Business Services a. Computer and related services b. Real Estate services c. Other Business services i. Market research services ii. Management consulting services iii. Placement and supply services of Personnel iv. Building-cleaning services v. Photographic services vi. Printing of packaging material, on a free or contract basis (only limited to the printing of packaging materials) vii. Translation and interpretation services 2. Construction and Related Engineering Services 3. Environmental services (excluding environmental quality monitoring and pollution source inspection) a. Sewage services b. Solid waste disposal services c. Cleaning services of exhaust gases d. Noise abatement services e. Nature and landscape protection services f. Other environmental protection services g. Sanitation services 4. Recreational, Cultural and Sporting services 5. Transport services a. Air Transport services b. Road Transport services c. Services Auxiliary to all Modes of Transport Sector differences between ChAFTA and ASEAN-China TISA – China’s schedule ChAFTA Legal services (excluding Chinese law practice) (Business) Accounting, auditing and bookkeeping services (Business) Taxation services (Business) Architectural services (Business) Engineering services (Business) Integrated engineering services (Business) Urban planning services (except general urban planning) (Business) Medical and dental services (Business) Research & Development Services (Business) Technical testing and analysis services and freight inspection covered by CPC 749, excluding statutory inspection services for freight inspection services ASEAN-China TISA 146 Services incidental to agriculture, forestry, hunting and fishing Services incidental to mining, only including oil and natural gas (other business) Services incidental to manufacturing (other business) Placement and supply services of personnel (other business) Related scientific technical consulting services (other business) Packaging services (other business) Convention services (other business) Maintenance and repair services (other business) Maintenance and repair services of office machinery and equipment including computers (other business) Rental and leasing services Courier services (communication services) Telecommunication services (communication services) Audio-visual services (communication services) Commission Agents’ services (distribution service) Wholesale trade services (distribution services) Retailing services (excluding tobacco) (distribution services) Franchising (distribution services) Wholesale or retail trade services away from a fixed location (distribution services) Primary education services (educational services) Secondary education services (educational services) Higher education services (educational services) Adult education services (educational services) Other education services (educational services) All Insurance and Insurance-related services (financial service) Banking and other financial services (excluding insurance and securities) (financial services) Motor vehicle financing by non-bank financial institutions (financial services) Provision and transfer of financial information, and financial data processing and related software by suppliers of other financial services (other financial services) Advisory, intermediation and other auxiliary financial services on all activities listed in subparagraphs (a) to (k) on other financial services (other financial services) Securities (financial services) Hospital services (excluding Traditional Chinese Medicine hospitals) (health related and social services) Social services – services for the aged (health related and social services) Hotel (including apartment buildings) and Restaurants (tourism and travel related services) Travel agency and Tour operator (tourism and travel related services) Maritime transport services (transport services) 147 Maritime cargo-handling services (auxiliary services – transport) Customs clearance services (auxiliary services – transport) Container station and depot services (auxiliary services – transport) Maritime agency services (auxiliary services – transport) Internal waterways transport (transport services) Selling and marketing of air transport services (air transport services) Airport operation services (air transport services) Ground handling services (air transport services) Specialty air services (air transport services) Rail transport services (Transport services) Maintenance and repair service of motor vehicle (Road Transport services) 148 China-South Korea Free Trade Agreement (ChKFTA) Sectors included South Korea Sectors included on Annex 8-A-1 of ChKFTA: schedule of the Republic of Korea on specific commitments on services are: 1. Business Services a. Professional services i. Legal services ii. Accounting, auditing and bookkeeping services iii. Taxation services iv. Architectural services v. Engineering services vi. Integrated Engineering services vii. Urban planning and landscape architectural services viii. Veterinary services b. Computer and related services c. Research and Development services d. Real Estate services e. Rental/Leasing services without operators f. Other i. Advertising services ii. Market research and public opinion polling services iii. Management consulting services iv. Project management services v. Technical inspection services vi. Consulting services related to agriculture and animal husbandry vii. Services incidental to forestry and logging excluding aerial firefighting and disinfection viii. Consulting services related to fishing ix. Services incidental to mining x. Services incidental to manufacturing: Only consulting services related to manufacturing technologies of new products xi. Placement services of personnel xii. Related scientific and technical consulting services xiii. Maintenance and repair of equipment xiv. Photographic services xv. Packaging services xvi. Printing xvii. Publishing xviii. Convention agency services xix. Stenography services xx. Translation and interpretation services xxi. Specialty design services 2. Communication Services a. Courier services b. Telecommunication services c. Audiovisual services 3. Construction and Related Engineering Services 4. Distribution Services a. Commission Agent’s services b. Wholesale trade services c. Retailing services d. Franchising 149 5. Education services a. Higher education services b. Adult education services 6. Environmental services a. Sewage services b. Refuse disposal services c. Other i. Cleaning services of exhaust gases and noise abatement services ii. Environmental testing and assessment services 7. Financial Services a. Insurance and insurance-related services b. Banking and other financial services 8. Tourism and Travel Related Services a. Hotels (including apartment buildings) and Restaurants b. Travel Agency and Tour Operator c. Tourist guides 9. Recreational, Cultural and Sporting services a. Entertainment services 10. Transport services a. Maritime transport services b. Air transport services c. Rail transport services d. Road Transport services e. Pipeline transport f. Services auxiliary to all modes of transport g. Other transport services i. Combined transport services China Sectors included on Annex 8-A-2 of ChKFTA: schedule of the People’s Republic of China on specific commitments on services are: 1. Business Services a. Professional services i. Legal services (excluding Chinese law practice) ii. Accounting, auditing and bookkeeping services iii. Taxation services iv. Architectural services v. Engineering services vi. Integrated Engineering services vii. Urban planning services (except general urban planning) viii. Medical and dental services b. Computer and related services c. Real Estate services d. Other Business services i. Advertising services ii. Market research services (only limited to investigation services designed to secure information on the prospects and performance of an organisation’s products in the market) iii. Management consulting services iv. Services related to management consulting (only limited to the following subsector) 1. Project management services other than for construction v. Technical testing and analysis services and freight inspection, excluding statutory inspection services for freight inspection services 150 vi. vii. viii. ix. x. xi. xii. 2. 3. 4. 5. 6. 7. 8. 9. 10. Services incidental to agriculture, forestry, hunting and fishing Placement and supply services of personnel Related scientific and technical consulting services Building-cleaning services Photographic services Packaging services Printing of packaging materials, on a fee or contract basis (only limited to the printing of packaging materials) xiii. Convention services xiv. Translation and interpretation services Communication Services a. Courier services (except for those specifically reserved to Chinese postal authorities by the related law at the time of China’s accession to WTO on December 11th 2001) b. Telecommunication services c. Audiovisual services Construction and Related Engineering Services Distribution Services a. Commission Agent’s services b. Wholesale trade services c. Retailing services (excluding tobacco) d. Franchising e. Wholesale or retail trade services away from a fixed location Education services (excluding special education services e.g. military, police, political and party school education) a. Primary education services (excluding national compulsory education) b. Secondary education services (excluding national compulsory education) c. Higher education services d. Adult education services e. Other education services (including English language training) Environmental services (excluding environmental quality monitoring and pollution source inspection) a. Sewage services b. Solid waste disposal services c. Cleaning services of exhaust gases d. Noise abatement services e. Nature and landscape protection services (excluding the construction and operation of Natural Reserves and Ramsar sites) f. Other environmental protection services g. Sanitation services Financial Services a. All insurance and insurance-related services b. Banking and other financial services (excluding insurance and securities) Tourism and Travel Related Services a. Hotels (including apartment buildings) and Restaurants b. Travel Agency and Tour Operator Recreational, Cultural and Sporting services Transport services a. Maritime Transport services b. Auxiliary Services i. Maritime cargo-handling services ii. Customs clearance services iii. Container station and depot services iv. Maritime agency services c. Internal Waterways Transport 151 d. e. f. g. Air Transport services Rail Transport services Road Transport services Services Auxiliary to all Modes of Transport Sector differences between ChAFTA and ChKFTA China’s schedule ChAFTA Research & Development Services (Business) Services incidental to mining, only including oil and natural gas (other business) Services incidental to manufacturing (other business) ChKFTA Placement and supply services of personnel (other business) Related scientific technical consulting services (other business) - Filed services for iron, cooper, manganese, coal bed methane and shale gas - Offshore oil-field services geological, geophysical and other scientific prospecting services Nature and landscape protection services (environmental services) Sanitation services (environmental services) Hospital services (excluding Traditional Chinese Medicine hospitals) (health related and social services) Social services – services for the aged (health related and social services) Recreational, cultural and sporting services (other than audiovisual services): - Sporting and other recreational services (only limited to CPC 96411, 96412, 96413, 96419 excluding golf) Nature and landscape protection services, excluding the construction and operation of Natural reserves and Ramsar sites (environmental services) Recreational, cultural and sporting services (other than audiovisual services): - Other entertainment services (only limited to CPC 96191, 96192) - Sporting and other recreational services (only limited to CPC 96411, 96412, 96413, excluding golf & E-sports) Selling and marketing of air transport services (air transport services) Airport operation services (air transport services) Ground handling services (air transport services) Specialty air services (air transport services) 152 The Mainland and Hong Kong Closer Economic Partnership Arrangement “The Agreement adopts a hybrid approach of negative and positive listings in further liberalization. The negative list is a more transparent and comprehensive way of listing liberalization commitments. The main text of the Agreement consists of ten chapters and 15 articles which cover, inter alia, provisions for national treatment, most-favoured treatment, safeguard measures, exceptions, and investment facilitation; the annexes of the Agreement set out the specific commitments in trade in services.” (Trade Industry department – Government of Hong Kong Special Administrative Region 2015) Generally speaking, trade in services can be classified into four modes of service supply 41. With respect to the mode of commercial presence, the Agreement sets out, in the form of a negative list, the measures reserved by the Mainland in Guangdong on Hong Kong that are consistent with or applicable to the obligation of national treatment under the 134 services trade sub-sectors42. Except for those inconsistentinapplicable measures reserved as well as the horizontal management measures, the Mainland will not impose any particular restrictions for eligible Hong Kong service suppliers in Guangdong Province in terms of market access requirement, i.e. they can enjoy the same treatment as the Mainland enterprises. As for the mode of cross-border supply, consumption abroad, movement of natural persons (collectively known as “cross-border services”), as well as sectors of telecommunication and cultural services, the Mainland addition liberalization measures for Hong Kong in Guangdong will remain positively listed.” (Trade Industry Department – Government of Hong Kong Special Administration Region 2015) Mainland’s liberalization measures in the service sectors “With regards to the Mainland’s commitments to Hong Kong in Guangdong’s services market, the Agreement has achieved breakthrough both in terms of depth and breath. Key liberalization areas are summarized as follows” (Trade Industry Department – Government of Hong Kong Special Administration Region 2015): • • • • Overall speaking, Mainland has opened up to 153 services trade sub-sectors in Guangdong to Hong Kong services industry accounting for 95.6% of all services trade sub-sectors. In respect of the mode of commercial presence”, national treatment will be applied to Hong Kong in 58 subsectors; In respect of the mode of “commercial presence”, the negative list covers 134 services trade subsectors setting out 132 measures as inconsistent with or inapplicable to the obligation of national treatment; Measures under the mode of cross-border supply, consumption abroad and movement of natural persons, as well as the sectors of telecommunications and culture are positively listed, covering a total of 27 new liberalization measures; With regards to investment facilitation, the investment projects in the majority of services subsectors by a Hong Kong service supplier in Guangdong will be subject to the same authority and procedures as Mainland investment projects, and the establishment of a company and the related contract/articles of association will be subject to filing of record instead of prior approval. Sectors included on Ch-HKG CEPA China Sectors included on Annex IV of Mainland and Hong Kong CEPA: China’s specific commitments on services are: 1. Business Services a. Professional services i. Legal services ii. Accounting, auditing and bookkeeping services The four modes of service supply include: 1. From the area of one side into the area of the other side, referred as “cross-border supply”; 2. In the area of one side to the service consumer of the other side, referred as “consumption abroad”; 3. By a service supplier of one side, through commercial presence, in the area of the other side, referred to as “commercial presence”; 4. By a service of one side, through presence of natural persons of one side in the area of the other side, referred to as “movement of natural persons”. 42 According to the World Trade Organization’s services classification system, there are 160 services sub-sectors under trade in services. 41 153 iii. Taxation services iv. Architectural services v. Engineering services vi. Integrated Engineering services vii. Urban planning and landscape architectural services viii. Construction Engineering Cost Consulting services ix. Construction and related engineering services x. Medical and dental services xi. Services provided midwives, nurses, physiotherapists and para-medical personnel xii. Pharmaceutical services xiii. Veterinary services b. Computer and related services c. Research and Development services d. Real Estate services e. Rental/Leasing services without operators f. Other i. Advertising services ii. Market research services iii. Market research and public opinion polling services iv. Patent agency, Trade mark agency etc. v. Services incidental to agriculture, hunting and forestry vi. Services incidental to fishing vii. Management consulting services viii. Services related to management consulting ix. Project management service other than for construction x. Technical testing and analysis services and freight inspection, excluding statutory inspection services for freight inspection services xi. Services incidental to mining xii. Services incidental to manufacturing xiii. Public utility services xiv. Services incidental to energy distribution xv. Placement or supply services of personnel xvi. Investigation and security services xvii. Related scientific and technical consulting services xviii. Maintenance and repair of equipment (personal and household goods repair services; repair services related to metal products; machinery and equipment) xix. Building-cleaning services xx. Photographic services xxi. Packaging services xxii. Printing and publishing services xxiii. Convention services and exhibition services xxiv. Other 1. Duplicating services 2. Translation and interpretation services 3. Specialty design services 2. Communication Services a. Courier services b. Telecommunication services c. Audiovisual services 3. Construction and Related Engineering Services a. General construction work for building b. Installation and assembly work c. Building completion and finishing work d. Other 154 4. Distribution Services a. Commission Agent’s services b. Wholesale trade services c. Retailing services d. Franchising e. Other distribution services (except the auction of cultural relics) 5. Education services a. Primary education services b. Secondary education services c. Higher education services d. Adult education services e. Other education services 6. Environmental services (excluding environmental quality monitoring and pollution source inspection) a. Sewage services b. Refuse disposal services c. Cleaning services of exhaust gases d. Noise abatement services e. Natural and landscape protection services f. Other environmental protection services g. Sanitation services 7. Financial Services a. All insurance and insurance-related services b. Banking and other financial services c. Other 8. Health Related and Social Services a. Hospital services b. Other human health services c. Convalescent hospital services d. Social services 9. Tourism and Travel Related Services a. Hotels (including apartment buildings) and Restaurants b. Travel Agency and Tour Operator c. Tourist guides d. Others 10. Recreational, Cultural and Sporting services a. Library, archive, museum and other cultural services b. Sporting and other recreational services 11. Transport services a. Maritime transport services b. Internal Waterways transport c. Air transport services d. Rail transport services e. Road Transport services f. Services auxiliary to all modes of transport g. Freight forwarding agency services (excluding freight inspection) h. Space transport i. Pipeline transport j. Other transport services 12. Other services not included elsewhere a. Service of membership organizations b. Other services c. Private households with employed persons d. Service provided by extraterritorial organizations and bodies 155 13. Service sectors (sectors not set out in GNS/W/120) a. Logistics services b. Qualification examinations for professionals and technicians c. Individually owned stores d. After-death services facilities The updated list on China’s commitment on the service sectors, Annex of the Agreement between the Mainland and Hong Kong on Achieving Basic Liberalization of Trade in Services in Guangdong (signed on 18 December 2014)43 include the following sectors: Reserved Restrictive Measures under Commercial Presence (Negative List) 1. Business Services a. Professional services i. Legal services ii. Accounting, auditing and bookkeeping services iii. Taxation services iv. Architectural services v. Engineering services vi. Integrated Engineering services vii. Urban planning and landscape architectural services viii. Medical and dental services ix. Services provided midwives, nurses, physiotherapists and para-medical personnel x. Veterinary services b. Computer and related services c. Research and Development services d. Real Estate services e. Rental/Leasing services without operators f. Other i. Advertising services ii. Market research and public opinion polling services iii. Patent agency, Trade mark agency etc. iv. Services incidental to agriculture, hunting and forestry v. Services incidental to fishing vi. Management consulting services vii. Services related to management consulting viii. Technical testing and analysis services ix. Services incidental to mining x. Services incidental to manufacturing xi. Services incidental to energy distribution xii. Placement or supply services of personnel xiii. Investigation and security services xiv. Related scientific and technical consulting services xv. Maintenance and repair of equipment (personal and household goods repair services; repair services related to metal products; machinery and equipment) xvi. Building-cleaning services xvii. Photographic services xviii. Packaging services xix. Printing and publishing services xx. Convention services xxi. Other (CPC 8790, except read-only optical discs duplication services) 2. Communication Services a. Postal services b. Courier services 3. Construction and Related Engineering Services 43 https://www.tid.gov.hk/english/cepa/legaltext/cepa12.html 156 4. 5. 6. 7. 8. 9. 10. 11. 12. a. General construction work for building b. Installation and assembly work c. Building completion and finishing work d. Other Distribution Services a. Commission Agent’s services b. Wholesale trade services (except wholesale services of books, newspapers, magazines, cultural relics) c. Retailing services (except retail services of books, newspapers, magazines, cultural relics) d. Franchising e. Other distribution services (except the auction of cultural relics) Education services a. Primary education services b. Secondary education services c. Higher education services d. Adult education services e. Other education services Environmental services (excluding environmental quality monitoring and pollution source inspection) a. Sewage services b. Refuse disposal services c. Cleaning services of exhaust gases d. Noise abatement services e. Natural and landscape protection services f. Other environmental protection services g. Sanitation services and similar services Financial Services a. All insurance and insurance-related services b. Banking and other financial services (excluding insurance) c. Other Health Related and Social Services a. Hospital services b. Other human health services c. Social services Tourism and Travel Related Services a. Hotels and Restaurants b. Travel Agency and Tour operator c. Tourist guides d. Others Recreational, Cultural and Sporting services a. Sporting and other recreational services Transport services a. Maritime transport services b. Internal Waterways transport c. Air transport services d. Rail transport services e. Road Transport services f. Services auxiliary to all modes of transport g. Space transport h. Pipeline transport i. Other transport services Other services not included elsewhere a. Service of membership organizations b. Other services 157 c. Private households with employed persons d. Service provided by extraterritorial organizations and bodies Additional Liberalization Measures under Cross-border Services (Positive List) 44 1. Business Services a. Professional services i. Legal services ii. Accounting, auditing and bookkeeping services iii. Architectural services iv. Engineering services v. Integrated Engineering services vi. Urban planning and landscape architectural services vii. Medical and dental services viii. Services provided midwives, nurses, physiotherapists and para-medical personnel b. Other i. Technical testing and analysis services ii. Placemen iii. t or supply services of personnel 2. Education services a. Higher education services 3. Financial Services a. All insurance and insurance-related services b. Banking and other financial services (excluding insurance) 4. Health Related and Social Services a. Hospital services b. Other human health services 5. Transport services a. Air transport services Additional Liberalization Measures under Telecommunication (Positive List) 45 1. Communication Services a. Telecommunication services Additional Liberalization Measures under Cultural Services (Positive List)46 (a) Recreational, Cultural and Sporting services a. Entertainment services (other than audiovisual services) Under the cross-border services mode, the liberalization commitments by the Mainland to Hong Kong service suppliers in Guangdong Province will keep adopting Positive List to set out the additional liberalization measures. The existing commitments involving crossborder services under CEPA and its supplements are still valid and will continue to be implemented. In the event that they are in conflict with the Annex to this Agreement, the Annex to this Agreement shall prevails 45 With respect to the modes of commercial presence and cross-border services of telecommunication services sector (sub-sector), the liberalization commitments by the Mainland to Hong Kong service suppliers in Guangdong Province will keep adopting Positive List to set out the additional liberalization measures. The existing commitments involving telecommunication service sectors and sub-sectors under CEPA and its Supplements are still valid and will continue to be implemented. In the event that they are in conflict with the Annex to this Agreement, the Annex to this Agreement shall prevail. 46 With respect to the modes of commercial presence and cross-border services of cultural and related services sector (sub-sector), the liberalization commitments by the Mainland to Hong Kong service suppliers in Guangdong Province will keep adopting Positive List to set out the additional liberalization measures. The existing commitments involving cultural services under CEPA and its Supplements shall still be valid and continue to be implemented. In the event that they are in conflict with the additional liberalization measures of the Annex to this Agreement, the Annex to this Agreement shall prevail. In this Agreement and its Annex, the cultural sector includes service trade sectors (and sub-sectors) of research and experimental development services on social sciences and humanities (CPC852), printing and publishing services (CPC88442), read-only optical disc duplication services under other business services (CPC8790), motion picture and video tape production and distribution services (CPC9611), motion picture projection service (CPC9612), radio and television services (CPC9613), radio and television broadcast transmission services (CPC7524), sound recording services, other audiovisual services, retail services of books, newspapers, magazines, cultural relics (CPC631+632+6111+6113+6121), cultural relic auctioning services under other distribution services, entertainment services (CPC9619), news agency services (CPC962), library, archive, museum and other cultural services (CPC963), etc., (including cultural information services of news, publishing, audio-visual programmes, sound and images, games etc. provided through the internet, and cultural relic services.) 44 158 Mainland and Hong Kong CEPA Website list:47 47 Accounting Advertising Air Transport Audiovisual Banking Building-cleaning Computer and related services Construction and Related Engineering Convention and Exhibition Cultural Distribution Education Environmental Freight Forwarding Agency Individual Owned Stores Insurance Inter0disciplinary Research and Experimental Development Services Legal Library, Museum and Other Cultural Services Logistics Management Consulting Maritime Transport Market Research Medical Other Business services Patent Agency Photographic Placement and Supply Services of Personnel Printing Public Utility Rail Transport Real Estate Related Scientific and Technical Consulting Services Research and Development Road Transport Securities and Futures Services incidental to Manufacturing Services incidental to Mining Services related to Management Consulting Social Services Sporting Storage and Warehousing Technical Testing, Analysis and Product Testing Telecommunications Tourism Trade Mark Agency Translation and Interpretation Examinations for Professional and Technical Qualification Taxation Rental/Leasing relating to personal and household goods without Operators Services incidental to fishing, agriculture hunting and forestry https://www.tid.gov.hk/english/cepa/tradeservices/trade_services_requirement.html 159 - Investigation and security Maintenance and repair of equipment Packaging Courier Other Transport Other Services Hong Kong “The two sides will, through consultations, formulate and implement further liberalisation of Hong Kong’s service sectors for the Mainland. The relevant specific commitments will be listed in this table.” (Annex 4: Specific Commitments on Liberalization of Trade in Services) Sector differences between ChAFTA and ChHKG CEPA – China’s schedule ChAFTA Services incidental to mining only limited to oil and natural gas (other professional services) Maintenance and repair of office machinery and equipment including computers (other professional services) 48 49 ChHKG CEPA48 Chinese law practice not excluded on legal services General urban planning is not excepted from urban planning services Construction engineering cost consulting services (business) Construction and related engineering services Services provided by midwives, nurses, physiotherapists and para-medical personnel Pharmaceutical services Veterinary services Rental/Leasing services without operators Market research services not limited to investigation services designed to secure information on the prospects and performance of an organization’s products in the market (other professional services) Market research on public opinion polling services (other professional services) Patent agency, Trade mark agency etc. (other professional services) Services incidental to mining not only limited to oil and natural gas (other professional services) Services incidental to manufacturing including CPC 8842 and the prohibited foreign investment industries defined in the Catalogue for the Guidance of Foreign Investment Industries published by the Chinese Government 49 (other professional services) Public utility services (other professional services) Services incidental to energy distribution (other professional services) Placement or supply services of personnel (other professional services) Investigation and security services (other professional services) Maintenance and repair of equipment (personal and household goods repair services; repair services related to metal products; machinery and equipment) (other professional services) Considering the Annex IV of Mainland and Hong Kong CEPA. This permission is not expressed, nevertheless, the exclusion of these sectors is mentioned on ChAFTA’s service sector list. 160 Convention services (other professional services) Courier services (except for those specifically reserved to Chinese postal authorities by law) (communication services) Retailing services (excluding tobacco) (distribution services) Wholesale or retail trade services away from a fixed location (distribution services) Education services (excluding special education services e.g. military, police, political and party school education) Primary education services (excluding national compulsory education) (education services) Secondary education services (excluding national compulsory education) (education services) Other education services (including English language training) (educational services) Solid waste disposal services (environmental services) Hospital services (excluding Traditional Chinese Medicine hospitals) Social services (services for aged) Sporting and other recreational services (only limited to CPC 96411, 96412, 96413, 96419 excluding golf) (recreational, cultural and sporting services) Customs clearance services (auxiliary services in maritime transports) Printing and publishing services not only limited to the printing of packaging materials (other professional services) Convention services and exhibition services (other professional services) Duplicating services (other professional services) Translation and interpretation services (other professional services) Specialty design services (other professional services) Courier services (communication services) Retailing services (distribution services) Other distribution services (except the auction of cultural relics) (distribution services) Education services Primary education services (education services) Secondary education services (education services) Other education services (educational services) Refuse disposal services (environmental services) Other financial services Hospital services Other human health services Convalescent hospital service Social services Tourist guides (tourist and travel related services) Other tourist and travel related services (tourist and travel related services) Library, archive, museum and other cultural services (recreational, cultural and sporting services) Sporting and other recreational services (recreational, cultural and sporting services) International transport maritime transport) (auxiliary services in Maritime agency services (auxiliary services in maritime transport) Other auxiliary services in maritime transport Service of membership organizations (other services not included elsewhere) Private households with employed persons (other services not included elsewhere) Service provided by extraterritorial organizations and bodies (other services not included elsewhere) Other services not included elsewhere 161 Logistics services (service sectors no set out in GNS/W/120) Qualification examinations for professionals and technicians (service sectors no set out in GNS/W/120) Individual owned stores (service sectors no set out in GNS/W/120) After death service facilities (service sectors no set out in GNS/W/120) B. Commitments on Foreign Direct Investment Set on the Other Compared Agreements ChAFTA - Investment (Chapter 9) “The FTA takes a two-stage approach to investment: commitments on entry-into-force (stage one) and a forward work program (stage two). Stage one is a ‘short-form’ investment chapter that will apply on entryinto-force. The short form investment chapter includes basic market access provisions and establishes a committee on investment and a forward work program. As part of this, Australia has made its market access commitments, including the more liberal Foreign Investment Review Board (FIRB) screening the threshold, in stage one. The forward work program (stage two) includes a commitment to commence negotiations for a future comprehensive investment chapter, including comprehensive investment protections and China’s investment market access commitments, within three years of entry-into-force of the FTA.” (Department of Foreign Affairs and Trade – Australian Government n.d.) “This short-form Investment Chapter commits both Parties to non-discriminatory treatment of the other Party’s investors and investments (national treatment). Australia’s national treatment obligations apply at both the market access and post-establishment investment stages, subject to Australia’s schedule of nonconforming measures (e.g. on FIRB screening). In the absence of investment schedules, China’s national treatment obligation applies only to established investments. The chapter commits both Parties to MFN treatment at the market access and post-establishment stages. This means that Australian investors will be entitled to treatment no less favourable than that which China accords to other foreign investors under any future investment arrangements.” (Department of Foreign Affairs and Trade – Australian Government n.d.) “Australian and Chinese investors will be able to enforce the national treatment commitments through an investor-state dispute settlement (ISD) mechanism. The mechanism excludes claims in relation to foreign investment screening (e.g. by FIRB) and includes modern safeguards and exceptions to retain policy space for legitimate public welfare regulation. Annex 9-A sets out the code of conduct applicable to arbitrators in ISDS proceedings, while Annex 9-B specifies the Parties’ addresses for the service of documents.” (Department of Foreign Affairs and Trade – Australian Government n.d.) Australia’s Commitment Australia’s commitments on foreign investment under the ChAFTA are established on Annex III, part 1: Schedule of non-conforming measures on trade in services and investments: “A. The following investments50 may be subject to objections by the Australian Government and may also require notification to the Government: (a) Investment by foreign persons51 of five per cent or more in the media sector, regardless of the value of the investment; “Investments” means activities covered by Part II of Foreign Acquisitions and Takeovers Act 1975 (Cth) (FATA) or, where applicable, ministerial statements on foreign investment policy. Funding arrangements that include debt instruments having quasi-equity characteristics will be treated as direct foreign investments. 51 A “foreign person” means, as defined in section 5 of the FATA: (f) A natural person not ordinarily resident in Australia; (g) A corporation in which a natural person not ordinarily resident in Australia or a foreign corporation holds a controlling interest; (h) A corporation in which two or more persons, each of whom is either a natural person no ordinarily resident in Australia or a foreign corporation, hold the aggregate controlling interest; (i) The trustee of a trust estate in which a natural person not ordinarily resident in Australia or a foreign corporation holds a substantial interest; or (j) The trustee of a trust estate in which two or more persons, each of whom is either a natural person not ordinarily resident in Australia or a foreign corporation, hold an aggregate substantial interest. 50 162 (b) Investments by foreign persons in existing52 Australian businesses, or prescribed corporations 53, the value of whose assets exceeds 252 million54 Australian Dollars in the following sectors: (i). The telecommunication sector; (ii). The transport sector, including airports, port facilities, rail infrastructure, international and domestic aviation and shipping services provided either within, or to and from, Australia; (iii). The supply of training or human resources, or the manufacture or supply of military goods, equipment, or technology, to the Australian or other defence forces; (iv). The manufacture or supply of goods, equipment or technologies able to be used for military purpose; (v). The development, manufacture or supply of, or provision of services relating to, encryption and security technologies and communication systems; and (vi). The extraction of (or rights to extract) uranium or plutonium, or the operation of nuclear facilities; (c) Investments by foreign persons in existing Australian businesses, or prescribed corporations, in all other sectors, excluding financial sector companies55, the value of whose total assets exceeds 1094 million56 Australian Dollars; (d) Acquisitions by foreign persons of developed non-residential commercial real estate valued at more than 1094 million Australian Dollars; (e) Direct investments by foreign government investors, irrespective of size Notified investments may be refused, subject to interim orders, and/or approved subject to compliance with certain conditions. Investment referred to in (a) through (e) for which no notifications is required or received may be subject to orders under Sections 18 through 21 and 21A of the FATA.” “B. The acquisition of a stake in an existing financial sector company by a foreign investor, or entry into and arrangement by a foreign investor, that would lead to an unacceptable shareholding situation or to practical control57 of an existing financial sector company, may be refused, or be subject to certain conditions58.” “C. In addition to the measures identified in the entry, other entries in Section A or Section B set out additional non-conforming measures imposing specific limits on, or requirements relating to, foreign investment in the following areas: (a) Telstra; For the purpose of this entry, “existing’ means in existence at the time the investment is proposed or made. For the purpose of this entry, “prescribed corporation” means: (i) A trading corporation; (j) A financial corporation; (k) A corporation incorporated in a Territory under the law in force in that Territory relating to companies; (l) A foreign corporation that, on its last accounting date, held assets the sum of the values of which exceeded 252 million Australian Dollars (for item (b) of the entry) or 1094 million Australian Dollars (for item (c) of the entry), being assets consisting of all or any of the following: (i). Land situated in Australia (including legal and equitable interests in such land); (ii). Mineral rights; (iii). Shares in a corporation incorporated in Australia; (m) A foreign corporation that was, on its last accounting date, a holding corporation of an Australian corporation or Australian corporations, where the sum of the values on that date of the assets of the Australian corporation or Australian corporations exceeded 252 million Australian Dollars (for item (b) of the entry) or 1094 million Australian Dollars (for item (c) of the entry); (n) A corporation that was, on its last accounting date, a holding corporation of a foreign corporation referred to in paragraph (d) or (e) of this footnote; (o) A foreign corporation that, on its last accounting date, held assets of a kind or kinds referred to in paragraph (d) of this footnote, where the sum of the values on that date of those assets was not less than one-half of the sum of the values on that date of the assets of the foreign corporation and of all the subsidiaries of that corporation; or (p) A foreign corporation that was, on its last accounting date, a holding corporation of an Australian corporation or Australian corporations, where the sum of the values on that date of the assets of that Australian corporation or those Australian corporations was not less than one-half of the sum of the values on that date of the assets of the foreign corporation and of all the subsidiaries of that corporation. 54 This figure as at 1 January 2015. To be indexed on 1 January each year to the GDP implicit price deflator in the Australian National Accounts for the previous financial year. If the Agreement has not entered into force by 1 January 2016, this figure will be indexed on the date of entry into force. 55 A “financial sector company” means, as defined in section 3 of the Financial Sector (Shareholdings) Act 1998 (Cth): (d) An authorised deposit-taking institution; or (e) An authorised insurance company; or (f) A holding company of a company covered by paragraph (a) or (b) of this footnote. 56 This figure as at 1 January 2015. To be indexed on 1 January each year to the GDP implicit price deflator in the Australian National Accounts for the previous financial year. If the Agreement has not entered into force by 1 January 2016, this figure will be indexed on the date of entry into force. 57 “Unacceptable shareholding situation” and “practical control” as defined in the Financial Sector (Shareholdings) Act 1998 (Cth). 58 Ministerial statements on foreign investment policy including the Treasurer’s Press Release No. 28 of 9 April 1997. 52 53 163 (b) (c) (d) (e) (f) (g) (h) (i) Commonwealth Serum Laboratories; Qantas Airways Ltd; Australian international airlines, other than Qantas; Urban land; Agricultural land; Agribusiness Federal leased airports; and Shipping.” Queensland “Certain leases (obtained at ballot), and other leases at the discretion of the Minister, may be subject to a condition that the lessee personally lives on the lease for the first seven years of its term.” “While all changes to ownership of land must be registered, there is an additional duty on foreign land holders to disclose, through a prescribed notification, present interests in and acquisitions of land, disposal of interests in land and notification on ceasing to be or becoming a foreign person.” “Failure to provide the information causes a breach of the Act that may result in prosecution, the imposition of financial penalties and/or forfeiture of the interest in the land to the Crown.” China’s Commitment on Foreign Investment China’s commitments on foreign investment under the ChAFTA are established on Annex III, part 2: schedule of the People’s Republic of China on specific commitments on services: “In China, foreign invested enterprises include foreign capital enterprises (also referred to as wholly foreign-owned enterprises) and joint venture enterprises and there are two types of joint venture enterprises: equity joint ventures and contractual joint ventures.59” “The proportion of foreign investment in an equity joint venture shall be no less than 25 per cent of the registered capital of the joint venture.” “The establishment of branches by enterprises of Australia is unbound, unless otherwise indicated in specific sub-sectors, as the laws and regulations on branches of foreign enterprises are under formulation.” “The land in the People’s Republic of China is State-owned. Use of lad by enterprises and individuals are subject to the following maximum term limitations: (a) 70 years for residential purposes; (b) 50 years for industrial purposes; (c) 50 year for the purpose of education, science, culture, public health and physical education; (d) 40 years for commercial, tourist and recreational purpose; (e) 50 years for comprehensive utilisation or other purpose.” ChKFTA - Investment (Chapter 12) Investment commitments from China and Korea are described on Chapter 12 of ChKFTA. According to this chapter, both Parties shall encourage and create favourable conditions for investors of the other Party to make investments in its territory. Subject to its rights to exercise powers in accordance with the applicable laws and regulations, including those with regards to foreign ownership and control, each Party shall admit investment in its territory. The Investment Chapter includes the ‘national treatment’ clause, which determines that both countries shall to treat investors and investment of the other country at least as well as they treat their own investors. The obligation is subject to an exception for existing non-conforming measures (existing laws and regulations that are not in conformance with the FTA) at the time the Agreement entered into force. Both countries are also committed to adopt all appropriate steps to progressively remove all these nonconforming measures where applicable. The terms of the contract, concluded in accordance with China’s laws, regulations and other measures, establishing a “contractual joint venture” govern matters such as the manner of operation and management of the joint venture as well as the investment or other contributions of the joint venture parties. Equity participation by all parties to the contractual joint venture is not required, but is determined pursuant to the joint venture contract. “Foreign invested enterprise” in this Schedule means a foreign invested enterprise duly constituted or otherwise organised under “Law on Chinese-Foreign Equity Joint Venture”, “Law on Chinese-Foreign Contractual Joint Ventures” and “Law on Foreign-Capital Enterprises”. 59 164 Both countries have also agreed to give Most Favoured Nation treatment to investors and investors of the other country, except in respect of aviation, fishery and maritime matters including salvage; preferential treatment resulting from any customs union, free trade area, monetary union, similar international agreement leading to such union or free trade are, or other forms of regional economic cooperation; or resulting from any international agreement or arrangement for facilitating small scale trade in border areas. The investment chapter also includes clauses of: International law standards of fair and equitable treatment. Access to the Courts of Justice Prohibition of performance requirements Commitment on transparency Expropriation and compensation ChNZFTA Investment (Chapter 11) “The NZ-China FTA contains measures to encourage and promote the flow of investment between New Zealand and China. The parties will also work together to increase the security of investments in each country.” (New Zealand Ministry of Foreign Affairs & Trade 2015b) “Both countries have agreed to treat investors and investment of the other country at least as well as they treat their own investors (‘national treatment’). The obligation is subject to an exception for existing nonconforming measures (existing laws and regulations that are not in conformance with the FTA), although it includes a ‘ratchet’ mechanism under which any improvement in such measures is automatically lockedin for Chinese investors. The scope of the obligation is also limited to the best treatment contained in existing bilateral investment agreements with Hong Kong SAR and China.” (New Zealand Ministry of Foreign Affairs & Trade 2015b) “Both countries have also agreed to give Most Favoured Nation treatment to investors and investors of the other country, except in respect of fisheries and maritime matters. This means that any better investment treatment that New Zealand extends to third countries must also be extended to China. The obligation does not extend to the treatment that New Zealand gives to its existing FTA partners (Australia, Thailand, Brunei, Chile, Singapore and the Pacific Islands).” (New Zealand Ministry of Foreign Affairs & Trade 2015b) “As in the case of services, the obligations on investment do not apply in respect of subsidies or government procurement.” (New Zealand Ministry of Foreign Affairs & Trade 2015b) “The FTA contains additional protections for investments, including” (New Zealand Ministry of Foreign Affairs & Trade 2015b): International law standards of fair and equitable treatment. Compensation for losses arising from war, armed conflict or similar situations. Protection from the funds of an investor being arbitrarily expropriated or nationalised. “These protections are in line with New Zealand’s existing regulations and practice.” (New Zealand Ministry of Foreign Affairs & Trade 2015b) “The FTA also provides a framework for the settlement of disputes between foreign investors and the government of the country in which the investment is made. This framework includes opportunities for consultation and negotiations. If no settlement is reached, the dispute can be heard in the domestic court system of the country concerned or can be taken to international arbitration.” (New Zealand Ministry of Foreign Affairs & Trade 2015b) New Zealand’s Commitment on Foreign Investment New Zealand’s commitments on foreign investment under the ChNZFTA are established on Annex 8, part B: New Zealand schedule of specific commitments on services: “Under the Overseas Investment Regulations, 1985, issued under the Overseas Investment Act 1973, Overseas Investment Commission approval is required for the following investment by an “overseas person”: 165 (a) Acquisition or control of 25 per cent or more of the shares or voting power in a company where either the consideration of transfer or the value of the assets of the company exceeds $NZ10 million; (b) The establishment of new business in New Zealand where the total expenditure in setting up the business exceeds $NZ10 million; (c) The acquisition of the assets of the business where the total consideration pair or payable for the assets exceeds $NZ10 million; (d) The issue of allotment of shares where the 25 per cent threshold has already been exceeded or will be exceeded as a result of the issue and where the total consideration paid or payable exceeds $NZ10 million.” “OIC consent is required, regardless of the dollar value of the investment, for acquisition of rural land. Approval is also required under the Land Settlement Promotion and Land Acquisition Act for the purchase of some classes of land.” “Unbound for enterprises currently in State ownership.” China’s Commitment on Foreign Investment China’s commitments on foreign investment under the ChNZFTA are established on Annex 8, part A: China schedule of specific commitments on services: “In China, foreign invested enterprises include foreign capital enterprises (also referred to as wholly foreign-owned enterprises) and joint venture enterprises and there are two types of joint venture enterprises: equity joint ventures and contractual joint ventures. 60” “The proportion of foreign investment in an equity joint venture shall be no less than 25 per cent of the registered capital of the joint venture.” “The establishment of branches by foreign enterprises is unbound, unless otherwise indicated in specific sub-sectors, as the laws and regulations on branches of foreign enterprises are under formulation.” “The land in the People’s Republic of China is State-owned. Use of lad by enterprises and individuals are subject to the following maximum term limitations: (a) (b) (c) (d) (e) 70 years for residential purposes; 50 years for industrial purposes; 50 year for the purpose of education, science, culture, public health and physical education; 40 years for commercial, tourist and recreational purpose; 50 years for comprehensive utilisation or other purpose.” ASEAN-Ch TISA Investment Aside from increased trade, the TIS Agreement also aims higher levels of investment in the region, particularly in sectors where commitments have been made, namely (ASEAN Secretariat n.d.): (a) Business services such as compute related services, real estate services, market research, management consulting; (b) Construction and engineering related services; (c) Tourism and travel related services; (d) Transport services, educational services; (e) Telecommunication services; (f) Health-related and social services; (g) Recreational, cultural and sporting services; (h) Environmental services; and The terms of the contract, concluded in accordance with China’s laws, regulations and other measures, establishing a “contractual joint venture” govern matters such as the manner of operation and management of the joint venture as well as the investment or other contributions of the joint venture parties. Equity participation by all parties to the contractual joint venture is not required, but is determined pursuant to the joint venture contract. “Foreign invested enterprise” in this Schedule means a foreign invested enterprise duly constituted or otherwise organised under “Law on Chinese-Foreign Equity Joint Venture”, “Law on Chinese-Foreign Contractual Joint Ventures” and “Law on Foreign-Capital Enterprises”. 60 166 (i) Energy services. China’s commitments on foreign investment under the ASEAN-China TISA are established on Annex 1/SC1 of the TISA: schedule of the People’s Republic of China on specific commitments on services for the first package of commitments: “In China, foreign invested enterprises include foreign capital enterprises (also referred to as wholly foreign-owned enterprises) and joint venture enterprises and there are two types of joint venture enterprises: equity joint ventures and contractual joint ventures.61” “The proportion of foreign investment in an equity joint venture shall be no less than 25 per cent of the registered capital of the joint venture.” “The establishment of branches by enterprises of Australia is unbound, unless otherwise indicated in specific sub-sectors, as the laws and regulations on branches of foreign enterprises are under formulation.” “The land in the People’s Republic of China is State-owned. Use of lad by enterprises and individuals are subject to the following maximum term limitations: (a) (b) (c) (d) (e) 70 years for residential purposes; 50 years for industrial purposes; 50 year for the purpose of education, science, culture, public health and physical education; 40 years for commercial, tourist and recreational purpose; 50 years for comprehensive utilisation or other purpose.” The terms of the contract, concluded in accordance with China’s laws, regulations and other measures, establishing a “contractual joint venture” govern matters such as the manner of operation and management of the joint venture as well as the investment or other contributions of the joint venture parties. Equity participation by all parties to the contractual joint venture is not required, but is determined pursuant to the joint venture contract. “Foreign invested enterprise” in this Schedule means a foreign invested enterprise duly constituted or otherwise organised under “Law on Chinese-Foreign Equity Joint Venture”, “Law on Chinese-Foreign Contractual Joint Ventures” and “Law on Foreign-Capital Enterprises”. 61 167 Hoekman Indicator: The degree of openness of the services sector in ChAFTA: China’s commitments to Australia We adopt the Hoekman index to measure the degree of commitment of ChAFTA. Hoekman (1995) proposed the framework to measure the degree of commitments in the service sector. The Hoekman framework is given at the Annex. The higher value of the index will account for more liberal the country’s service trade commitments in the FTA. The results are shown in Figure 1. The results clearly indicate that ChAFTA has more open and liberal commitments in services sector as compared to the other FTAs especially with reference to China-ASEAN FTA. Figure 2: Hoekman indices: average over all services sectors in various FTAs62 According to these values, the agreement with Australia would restore the terms of access for Australian services exporters to those of New Zealand and Korea in general terms. In other 62 In the HI of the China Mainland-Hong Kong, we have different values of 0.32 and 0.46 separately; The Blue Bar with the value of 0.32, which is calculated from the China Mainland FTA website (Trade and Industry Department), however the value of the Yellow Bar with the value of 0.46, which is calculated from the Government of the Hong Kong Special Administrative Region website. Due to the data come from different sources, we get two different results. 168 words, the agreement with Australia has corrected the discrimination in services that Australia previously suffered. At the same time, the level of the commitment to Australia far exceeds that to ASEAN, an agreement signed much earlier. As an aside, this creates an interesting situation in the dynamics of the RCEP agreement. We know that China and ASEAN are now negotiating their agreement, and the commitments to Australia might become a benchmark in those negotiations: ASEAN (led by Singapore) may ask for the same commitments as provided to Australia, in which case Australia would then lose its advantage over Singapore based suppliers. The dynamic interactions between agreements of these types are important to consider. The following figures show the results of the application of this methodology for various categories of services. Key Summary: 1. In Figure 2 for Business Services, China shows high commitments to Hong Kong, South Korea, New Zealand and Australia in professional services, computer related services, research, real estate and other sectors. Using the benchmark of the overall index values from Figure 1, the commitments in Business Services are relatively high. However, there is a lack of openness to other partners in some specific subsectors such as professional services and research and development, particularly for ASEAN. 2. In Figure 3, China also shows relatively high commitments in courier, telecom and audiovisual services to South-Korea, New Zealand, and Australia while there are lesser commitments to ASEAN, but still above average. 3. Figure 4 illustrates an average level commitment in construction services, perhaps a little more to Hong Kong. 4. Distribution services of franchising and other sectors in Figure 5 is relatively open under ChAFTA, but other areas of wholesaling and retailing show only an average commitment. 5. According to Figure 6, Education Services remains relatively closed except for Hong Kong (the HI is 0.5), also with variations in coverage. This sector might be expected to be included in the forthcoming discussion with ASEAN. 6. China has made an even and relatively high level of commitment in environmental services, according to Figure 7. 169 7. Commitments on financial services (Figure 8) vary significantly among trading partners with greater commitments in banking than in insurance. 8. Figure 9 shows hardly any commitments related to health services, while Figure 10 shows relatively high but variable commitments in tourism. 9. In the Recreational areas, China still shows openness to Hong Kong in entertainment and to Korea and Australia in sporting and other services (Figure 11). 10. In Figure 12, in transport services, the commitments vary by both trading partner and services. Hong Kong and New Zealand appears to have some advantage in road transport. The following sectors are listed as ‘L’ (Limited but unbound) in the Government of the Hong Kong Special Administrative Region website, but not mentioned in the China FTA website: 01E Rental/leasing services without operators 02A Postal services 04E Distribution-Other 05 Educational services (A-E) 07C Financial services-Other 10C Recreational, Cultural and sporting services-Libraries, archives, museums and other cultural services 11B Transport services-Internal waterways transport. As the above subsectors are listed clearly in the Government of the Hong Kong Special Administrative Region website, the value of the HI are all 0.5. The following bar charts in the main eleven services subsectors demonstrate the differences of the openness for China+5 FTAs. 170 Figure 3-1 Business services (Hong Kong website) Figure 4-2 Business services (China FTA Website) (Differences: 01E Rental/ leasing services without operator’s area is listed in the Hong Kong version) 171 Figure 5-1 Communication services (Hong Kong website) Figure 6-2 Communication services (ChinaFTA website) 172 (Differences: 02A Postal and 02B Courier area are listed in the Hong Kong version) Figure 7 Construction and related engineering services (both Hong Kong website and ChinaFTA website) (Both versions are the same) Figure 8-1 Distribution services (Hong Kong website) 173 Figure 9-2 Distribution services (ChinaFTA website) (Differences: Distribution 04E Other, Hong Kong is listed in Hong Kong version) Figure 10-1 Education Services (Hong Kong website) 174 Figure 11-2 Education Services (China FTA website) (Difference: 05 A-E are listed in the Hong Kong version) Figure 12 Environmental services (both Hong Kong and China FTA website) (Both versions are the same) 175 Figure 13-1 Financial services (Hong Kong website) Figure 14-2 Financial services (China FTA website) (07C Financial services-Other is listed in the Hong Kong version) 176 Figure 15 Health and social services (both Hong Kong website and China FTA website) (Both versions are the same) Figure 16 Tourism and travel related services (both Hong Kong and China FTA website) (Both versions are the same) 177 Figure 17-1 Recreational, cultural, and sporting services (Hong Kong website) Figure 18-2 Recreational, cultural, and sporting services (China FTA website) (Difference: 10C Recreational. Cultural and sporting services-Libraries, archives, museums and other cultural services is listed in the Hong Kong version.) 178 Figure 19-1 Transport services (Hong Kong website) Figure 20-2 Transport services (China FTA website) 179 (Difference: 11B Transport services-internal waterways transport is listed in the Hong Kong version) To summarize, China is relatively more open to more recent FTA partners of South Korea, New Zealand and Australia China shows high commitments in Business, Communication, Construction, Distribution, Financial, Tourism, and Transport areas. Some sectors such as Business, Construction, Environmental and others in the Transport areas are less open. China has opened all sectors to Australia, except Health. Comparison of commitments within agreements The previous section considered the general level of commitments in each agreement. Here we examine the variations within agreements. The indicator we use is a coefficient to measure the correlation of index values across the component sectors. The results are shown in Table 1. Table 1 Correlation coefficients from the Government of the Hong Kong Special Administrative Region Website Hong Kong Hong Kong 1.00 Australia 0.46 South Korea 0.46 New Zealand 0.43 ASEAN 0.21 Australia South Korea New Zealand ASEAN 1.00 0.92 0.85 0.37 1.00 0.91 0.40 1.00 0.48 1.00 Table 2 Correlation coefficients From ChinaFTA website Hong Kong Australia South Korea New Zealand ASEAN Hong Kong 1.00 0.44 0.52 0.52 0.47 Australia South Korea New Zealand ASEAN 1.00 0.92 0.85 0.37 1.00 0.91 0.40 1.00 0.48 1.00 Source: Project calculation 180 The highest positive correlation (0.92) is observed between the China-South Korea FTA and the China-Australia FTA, followed by the China-New Zealand FTA. We also observe low correlation (0.18) between the China-Hong Kong FTA and the China-Australia FTA. In addition, there exists negative correlation observed between the China-Hong Kong and China-ASEAN FTAs (-0.05). A high score indicates similarities in terms sectors which are opened in the agreement. For instance for China-South Korea, China-New Zealand and China-Australia FTAs, the high scores demonstrate that China has opened similar sectors and modes under the three FTAs. This means these three economies are less likely to have any particular advantage in the services sector in China, compared to each other. The correlations of their commitments with those of ASEAN are much lower. Most disparate are those with Hong Kong and ASEAN, where the negative correlation index indicates that China opens very different services sectors in these two agreements. Summary Based on the data and information calculated by both the ChinaFTA Website and the Government of the Hong Kong Special Administrative Region Website, the highest positive correlation (0.92) is observed between China-South Korea FTA and the China-Australia FTA, followed by the China-New Zealand FTA (0.85). The lower of correlation is observed between the China-South Korea FTA and the China-ASEAN FTA (0.40), which demonstrates that China opens different services sectors in these two agreements. However, as we collect the data from ChinaFTA and the Government of the Hong Kong Special Administrative Region Website, thereby the coefficients of the first column in the two tables are quite different. In the Table 1, there exists quite low correlation (0.21) between the China-Hong Kong FTA and China-ASEAN FTA. However, in the Table 2 the correlation between these two FTAs is 0.47, which is more than a half of that in Table 1 (0.21). However, both the two tables show that China open quite different services sectors in these two agreements. The correlation between China-Hong Kong and China-New Zealand also varies from the two tables. From the information of ChinaFTA Website, the correlation between China-Hong Kong and China-New Zealand is 0.43, but the correlation calculated from the Government of the Hong Kong Special Administrative Region Website is 0.52. These different results show that in the Table 1, the services sectors which China open to Hong Kong and New Zealand are not quite similar, while in the Table 2 these sectors which China opens to Hong Kong and New Zealand are similar to some degree. The correlation of the China-Hong Kong and China-Australia, China-Hong Kong and China-South Korea are almost similar. Overall, there exists no negative correlation relations within these five FTAs signed with China. As we collect the information from the two different sources, some differences in terms of the correlation efficient occur in the two tables. 181 Openness of services sectors in China vs commitments in FTAs The OECD has developed a methodology for assessing the restrictiveness of policy as it applies to the services sector, called the Services Trade Restrictiveness Index (STRI).63The methodology includes the scoring and weighting system for 18 services sectors. The STRIs are composite indices taking values from zero and one, zero representing an open market and one a market completely closed to foreign services providers (this is the reverse to the Hoekman index). The index includes not just trade measures but also regulatory measures (see Box 1). 63 http://www.oecd.org/tad/services-trade/services-trade-restrictiveness-index.htm. The scoring system is based on binary scoring, non-binary measures are broken down to multiple thresholds; complementary measures are grouped and scored as zero only if all measures in the bundle are not restrictive. Finally in cases where one restriction renders others irrelevant, those measures that are rendered irrelevant are automatically scored one. 182
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