Agreement on South Asia Free Trade Area (SAFTA)
The Agreement on South Asian Free Trade Area (SAFTA) came into force from 1st
January, 2006. India, Pakistan and Sri Lanka are categorized as Non-Least
Developed Contracting States (NLDCS) and Bangladesh, Bhutan, Maldives and Nepal
are categorized as Least Developed Contracting States (LDCS).
Afghanistan which became the eighth member of SAARC during the 14th SAARC Summit
held on 3-4 April 2007 in New Delhi is due to become a party to the SAFTA
Agreement as an LDC member.
Article 7 of the SAFTA Agreement provides for a phased tariff liberalization
programme (TLP) under which, in two years, NLDCS would bring down tariffs to
20%, while LDCS will bring them down to 30%. Non-LDCS will then bring down
tariffs from 20% to 0-5% in 5 years (Sri Lanka 6 years), while LDCS will do so
in 8 years. NLDCs will reduce their tariffs for L.D.C. products to 0-5% in 3
years. This TLP would cover all tariff lines except those kept in the sensitive
list (negative list) by the member states.
The salient features of the four Annexes of SAFTA Agreement are as under:
- Rules of Origin:
- For giving preferential access to the Member Countries under SAFTA, the
goods shall have undergone substantial manufacturing process in the exporting
countries. The substantial manufacturing process are defined in terms of twin
criteria of Change of Tariff Heading (CTH) at four-digit Harmonized Coding
System (HS) and value content of 40% (30% for LDCSs).
- Apart from the general rules, to provide for Products-Specific Rules (PSR)
for 191 tariff lines to accommodate the interest of LDCSs given their limited
base for natural resources and undiversified industrial structure. The Products
Specific Rules have been provided clearly on technical grounds i.e. where both
inputs and outputs are at the same four-digit HS level.
- Sensitive List:
- In terms of Article Rule 7(3)(a) of SAFTA Agreement, the tariff
liberalization Programme of SAFTA would not apply to the tariff lines included
in the sensitive lists. The summary of the sensitive list are as under:-
The summary of the Sensitive Lists are as under:
Sl. No. |
Name of the Contracting States
|
No of tariff lines for LDCS
|
No of tariff lines for Non-LDCS
|
Consolidated list |
1 |
Bangladesh |
1249 |
1254 |
------- |
2 |
Bhutan |
----- |
----- |
137 |
3 |
India |
480 |
865 |
----- |
4 |
Maldives |
----- |
----- |
671 |
5 |
Nepal |
----- |
----- |
1335 |
6 |
Pakistan |
----- |
----- |
1183 |
7 |
Sri Lanka |
---- |
----- |
1065 |
- India has offered Bangladesh duty free market access for 8 million pieces of
Garments, three million pieces of using fabrics from India an additional three
million garments with the condition of using fabrics of either Indian or
Bangladesh origin and a further two million pieces with out any condition.
- Mechanism for Compensation of Revenue Loss (MCRL) for the Least Developed
Contracting States: under clause (e) of Article 11 with following main features:
- The compensation to LDCSs, except to Maldives, would be available for four
years; to Maldives it would be for six years. The MCRL to Afghanistan, will also
be at par with Maldives.
- The compensation would be in the form of grant in US dollar.
- The compensation shall be subject to a cap of 1%, 1%, 5% and 3% of customs
revenue collected on non sensitive items under bilateral trade in the base year,
i.e., average of 2004 and 2005.
The compensation shall be administered by the SAFTA Committee of Experts as per
the Administrative Arrangements defined in this Annex.
iv. Technical Assistance to Least Developed Contracting States in agreed areas.
under Article 11 (d) of Agreement of SAFTA
The main areas covered being - capacity building in standards, product
certification, training of human resources, data management, institutional
upgradation , improvement of legal systems and administration, customs
procedures and trade facilitation, market development and promotion.
Implementation of SAFTA Agreement:
- Tariff Concessions granted under the SAARC Preferential Trading Arrangement
(SAPTA) would cease for the LDC Member States once the Non-LDCSs complete the
Trade Liberalization Programme (TLP) for LDCSs within three years. If any items,
on which SAPTA concessions are available to LDCSs, appear in the Sensitive List
of Non-LDCSs, they shall maintain the same level of concessions through
derogation under Article 7(3)(a) and indicate the same in their respective
Sensitive Lists, and if the items under TLP enjoy tariff preferences under
SAPTA, the Non-LDCS shall reduce their tariff on those items to a rate not
higher than the rate applicable for LDCS under SAPTA on the date agreed for base
rate for TLP.
- The base rate for the purpose of Tariff reduction to be MFN applied rate
existing as on 1st January, 2006.
- Commencement of SAFTA Trade Liberalization Programme (TLP): The TLP became
operational from 1st July 2006 with the condition that the TLP for the first two
years would be completed by 31st December, 2007, i.e. within two years of SAFTA
coming into force.
- India, with a view to providing greater market access to its neighbouring
least developed countries, unilaterally reduced tariffs to zero per cent for
LDCS countries of SAFTA with effect from 1.1.2008 thereby completing the SAFTA
tariff liberalization for these countries one year ahead of 31.12.2008
stipulated in the SAFTA Agreement. The notifications regarding tariff
concessions granted by India under SAFTA can be accessed in the website http://cbec.gov.in.
- The notifications issued by Pakistan for SAFTA tariff concessions have an
India specific-rider that Indian imports into Pakistan would continue to be as
per their Positive List of importable items from India which at present consists
of 1938 item.
For more details of this Agreement Visit SAARC website http://www.saarc-sec.org.