Law ministry's opposition makes APTA accord signing uncertain
Nazmul Ahsan
The prospect of Bangladesh signing the proposed trade in services agreement between East and South Asian countries under the umbrella of APTA has become uncertain due to the law ministry's strong objection to certain clauses of the deal, a top trade official said.
A meeting held between the high officials of Ministry of Commerce (MoC) and Ministry of Law and Parliamentary Affairs on Monday failed to produce agreement over disputes clauses, meeting sources said.
The meeting held in the MoC was attended by the secretaries for commerce and law, among others. The law ministry, in the meeting, opined that a clause in particular of the proposed agreement, styled, 'APTA Framework Agreement on Trade in Services,' contradicts the Bangladesh Constitution.
"We have failed to make the law ministry convinced as it is sticking to its stand on the constitutional point," a top MoC official said.
On the other hand, a top official in the law ministry said they cannot okay an agreement, which demeans the country's Constitution. Blaming the MoC, he said the ministry even had not felt the need to include any representative from the law ministry in several rounds of negotiations with the APTA member countries to finalise the draft agreement.
The Standing Committee on Asia Pacific Trade Agreement (APTA) comprising of trade officials from six member countries finalised the draft agreement in February last before placing it at the Ministerial Council meeting in Bangkok for signing, sources said.
Trade and commerce ministers of six East and South Asian countries, including China, South Korea and India, were expected to sign the agreement in Bangkok in July this year, sources said.
However, the signing ceremony was deferred as the draft agreement could not be finalized due to Bangladesh. Other member countries have meanwhile completed their formalities relating to the signing of the agreement, a high official in the MoC said.
The last and final date for Bangladesh's joining the deal is September 27 as the 37th APTA Standing Committee meeting will be held on the same date in Seoul, a trade diplomat said.
"Maybe the next meeting will be the last opportunity for Bangladesh to join the proposed deal," the diplomat said.
The law ministry has raised objection to a clause of the draft deal that debars the signatory countries from signing with any country a deal containing provisions contrary to the APTA Framework Agreement.
"The clause of the proposed deal is contrary to the Article 144 of our Constitution," a law ministry official said.
The relevant clause of the constitution reads 'The executive authority of the Republic shall extend to the acquisition, sale, transfer, mortgage and disposal of property, the carrying on of any trade or business and the making of any contract.' Furthermore, the dispute settlement arrangement in the trade in services agreement is not clear, the official said.
The draft agreement has no termination clause, he added.
"Thus, we cannot allow signing of such as agreement," the high official in the law ministry said.
Asked, a top official in the MoC said the clauses in question are more of general statement rather than mandatory.
Earlier, commerce ministers of APTA member countries signed two agreements--Framework Agreement on Trade Facilitation and Framework Agreement on the Promotion, Protection and Liberalisation of Investment in December 2009 in Seoul.
Facilitation of greater inflow of investment in service sector and increase in local competitiveness and expertise in service-oriented business, primarily, inspired the MoC to strike the proposed deal with big Asian economies, trade officials said.
According to the negotiated draft agreement on APTA Framework Agreement on Trade in Services, the member countries will establish and improve infrastructural facilities in their respective countries relating to improving service sector, extend cooperation in joint production, marketing and purchasing arrangements and facilitate research and development on service area.
'To enhance cooperation in services amongst participating states in order to improve the efficiency and competitiveness, diversify production capacity and supply and distribution of services of their service suppliers within and outside Participating States,' reads the negotiated draft, a copy of which has been made available to the FE.
Besides, the agreement will substantially reduce restriction in service sector investment in member countries by liberalising trade in services, the draft added.
The draft agreement said the APTA member countries would recognise the education or experience obtained or licences or certification obtained in any of the member countries.
"We are certainly frustrated but have not given up hope following the negative observation given by the Ministry of Law. The issue is likely to be discussed between the two ministers holding the portfolios of commerce and law", a high official in the MoC told the FE.
Law ministry's opposition makes APTA accord signing uncertain