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September, 2003

Cover Story

How can Nepal Inc. be competitive ?

In mid-August 2003, Nepal's WTO negotiations were over and the Cancun ministerial meeting in September is certain to grant Nepal entry into WTO. Coming as this does in the middle of the Export Year, as 2003 is declared by the government, the news of WTO membership comes as a major achievement that the government can brag about in from of the private sector.

But, so what if Nepal receives WTO membership?

Many people are still fumbling about the answer to this question. However, it is clear to everybody that no country in the present situation can survive without becoming WTO member, and that no economy can survive the WTO order without being competitive. And a recent study commissioned under assistance from the World Bank gives some additional important insights into the issue and suggests some measures to improve the competitiveness of Nepal in the new world.

Most Liberal

Major points of the agreement on Nepal's WTO membership

1.      Commitment to 25 mandatory provisions only, not on WTO-Plus provisions

2.      Tariff binding allowed at 42% on average against the present level of about 13% applied rate in average (In agriculture, the tariff binding at 51% for transition period (initial 3-10 years) and at 42% then after. In non-agriculture, 39% for the transition period and 23% in then after.)

3.      No rate bound at lower than the presently applied rate. 400 tariff lines bound at the applied rate.

4.      Tariff on ICT products to reduce to zero in between 5-7 years from the present 5%

5.      Removal of the additional import duties (e.g. special duty, local development tax etc) within 10 years

6.      Banking, telecommunication, health, accounting, legal services are among the major 37 sectors and subsectors opened now for direct foreign investment (e.g. professional services, communication, construction and engineering, distribution, education, environment, banking and financial services, health and tourism).

7.      Direct foreign investment to be allowed upto 80% 

8.      Full implementation of Trade related Intellectual Property Rights (TRIPS) provision by January 1, 2007.

9.      Law on anti-dumping, countervailing and safeguard within one year of accession.

10.    Right to provide upto 10% subsidy on agriculture.

11.    Commitment of the developed countries to make available technical assistance to Nepal to fulfil the Nepali commitments for the accession. 

Noting that the trade regime prevailing in Nepal is the second most liberal in the entire South Asia, only after that of Sri Lanka, the report entitled "Nepal Trade and Competitiveness Study" (which is though still at the draft stage) has shown that the country has indeed benefited from the trade liberalization. Per capita economic growth in 1990s, a period of fast trade liberalization, was 2.4% per annum compared to only 1% during the prior economic history of Nepal, it notes. Exports grew at an annual average rate of 15% throughout the decade of 1990s. According to a study by Binod K Karmacharya quoted in the competitiveness report, exports were the engine of economic growth during the 1991-95 period. The fall in exports by 20% in 2002 contributed negatively in the economic growth in that year.

But the report also states that though Nepal's trade to GDP ratio of 50% is high from south Asian standard, it is low when compared to similarly sized countries (that have GDP of US $ 4-6 billion) like Azerbaijan, Estonia, Gabon, Honduras and Yemen.

 Importance

Apart from its contribution to the GDP, another positive aspect about Nepal's trade is the fact that her exports are labor-intensive manufacturing and diversified agriculture, thus making trade critical for poverty reduction.  As analysis of the 1995-1996 data suggests, if the 5% average growth rate of the 1990s could be restored in the next five years, and if inequality does not worsen and consumption grows at the same rate as income, then the share of population living below the poverty line would be expected to fall below 30% by the end of FY 2007.  The report claims, simulation exercise carried out for the competitive study showed, that trade and its associated improvement in transportation can raise the income of the poor (especially the urban poor) through employment and by encouraging farmers to switch to higher-value crops. 

Weakness

As the key factors that contribute to low price competitiveness and productivity in Nepal's economy, the study has identified three weaknesses. First is the inadequate mechanisms and incentives for firms to acquire new technology. Second, is the weak infrastructure, and third an unfavorable business climate. Rigid labor legislations in the formal sector, with strict anti-dismissal rules, are blamed as preventing incentive-based wages, constraining investment in labor training, and decreasing labor productivity. The labour productivity was improved during early 1990s, but it could not be sustained during late 1990s due to the appreciation of real effective exchange rate (REER), notes the report.

Inadequate bankruptcy and foreclosure provisions raise the costs of reallocation of factors to more productive uses, leading to an economy that tolerates a broader range of inefficient firms, compared to other developing countries.  Price competitiveness is further diminished by a comparatively weak infrastructure and one of the highest charges for electricity in the region, states the report.  Transport and transaction delays lead to exceptionally high inventory costs.   An inadequate regulatory framework, unpredictable implementation, the Maoist conflict, and related uncertainty further add to costs.

Recommendations

1.      Set up separate national level bodies for trade negotiation, trade policy & trade promotion

2.      Think of duty exemption to replace the duty drawback facilities

3.      Have a simple two-tier structure of import tariffs

4.      Have a competent representative at Geneva

5.      Continue reviewing the existing peg of Nepali rupee with Indian rupee

6.      Search sources of state revenue to compensate the loss in revenue from removing the 'other duties'

7.      Use containerized railway transport between Kolkata and Nepal border.

8.      Take safeguard measures rather than anti-dumping law as the latter is criticized by economists.

9.      Merge existing trade agencies into one policy body (policy review, trade negotiations etc.) and one promotional body

10.    Convert customs department into service agency rather than revenue agency

11.    Replace duty drawback facility by some duty exemption scheme

12.    Integrate customs and inland revenue depts.

13.    Make key customs open 24 hours (seek Indian help)

14.    Improve infrastructure at customs

Labour issue

Table 2: Nepal's Annual Rate of Improvement in Unit Labor Cost , 1990-99

Country

Annual % Change

      Relative Improvement  in Competitiveness % per annum

Nepal

- 3.7

 

India

- 2.3

1.4

China

- 1.1

2.6

Indonesia

- .1

3.6

Thailand

- 2.3

1.4

Sri Lanka

+ 4.5

8.2

Malaysia

- .1

3.6

Philippines

- 2.7

1.0

Whenever there is a point raised for reforms in labour laws, those opposed to reforms raise the point of unemployment and underemployment. But the competitiveness study has argued that unemployment and underemployment should not be the major issues in Nepal as recent labor surveys (e.g. Nepal Labour Force Survey 1998-99) have shown low unemployment and low underemployment. The issue is low productivity, argues the report and blames it partly on labour laws. Though the labour market regulations affect only 2% of Nepal's labour force directly, the repercussions are wider, it argues. It provides disincentives to perform and discourages firms to invest in skills development.

On the contrary, these regulations also provides incentive to use more machines than labour and the report of the recent manufacturing industry census indicates that the investors have already started preferring machines to labour (see box "Manufacturing Firms in Nepal").

Informal trade

Regarding the noise that is made repeatedly about the informal trade between Nepal and India, this report shows that though the volume of such trade is almost one-third of the total formal trade between the two countries and that means the problem is serious, such trade is balanced between both sides. So the Indian claim that more goods are being smuggled into India from Nepal than that smuggled from India into Nepal seems to be wrong. Another important finding reported is that the smuggling is caused not only by tariff differential between the two countries, but also by, and perhaps more importantly, by the high transaction costs of formal trade.

WTO & Nepali legislation 
Legislative reforms needed as committed by Nepal

S. N.

Laws/Regulations/Administrative Decisions

Expected to be approved as per commitment to WTO

1

Health Institutions Operation Act (new law)

September 2003

2

Export Import (Contro) Act 1957 (Amendment)

December 2003

3

Customs Act, 1962 (Amendment)

December 2003

4

Plant Resources Act (new law)

December 2003

5

Industrial Enterprises Act, 1992 (Amendment)

February 2004

6

Labour Act, 1991 (Amendment)

February 2004

7

Company Act, 1887 (Amendment)

February 2004

8

Nepal Bar Council Act, 1992 (Amendment)

February 2004

9

Insurance Act, 1992 (Amendment)

February 2004

10

Securities Exchange Act, 1982 (Amendment)

February 2004

11

Bank and Finance Institution Act (new law, already drafted)

February 2004

12

Foreign Investment and Technology Transfer Act, 1992 (Amendment)

February 2004

13

Access to Genetic Resources Act (new law)

April 2004

14

Competition Act (new law, being drafted)

July 2004

15

Law on Anti-dumping Measures (new law)

July 2004

16

Seed Act 1998 (First Amendment)

August 2004

17

Nepal Standards (Certification Mark) Act, 1980 (Amendment)

April 2005

18

Plant Protection Act 1972 (Amendment)

April 2005

19

Bankruptcy/Insolvency Act (new law, being drafted)

September 2005

20

Environment Act, 1997 (Amendment)

September 2005

21

Pharmaceutical Act, 1978 (Amendment)

September 2005

22

Cyber Act (new law, a new draft to be prepared)

September 2005

23

Industrial Property (Protection) Act (new law)

December 2005

24

Copyright Act 2002 (Amendment)

 

Weakness of Nepali Incentives Systems

To facilitate the competitiveness of Nepali products, Nepal has three major policy measures adopted - cascading tariff, duty drawback facility and bonded warehouse facility. And this report shows that all these three systems are in fact ineffective in their objectives.

Cascading tariff

First is the cascading tariff system under which several rates or bands exist and the relative rates are intended to correspond to the stages of production or the degree of fabrication.  This usually means that the highest rates are levied on final goods, lower rates applied to intermediate goods and the lowest rates to raw materials and capital goods.  Although this approach might seem to be straightforward and sensible, it leads to serious difficulties in practice and represents a major impediment to achieving an effective policy environment conducive to rapid and efficient economic growth, notes the report.

Table 1:
Cost Competitiveness (Nine Asian Countries, 1999)

Country

Labor  Cost per Worker (A)

Value Added per Worker (B)

Unit Labor Cost (C)

Nepal

100

100

100

India

130

205

81

China

180

271

72

Bangladesh

110

130

90

Indonesia

120

276

87

Thailand

480

390

94

Sri Lanka

160

195

105

Malaysia

960

909

93

Philippines

600

742

93

To illustrate consequences of cascading rates, the competitiveness report notes that there are broadly three types of relationships in terms of value added in different business activities:

#   Simple assembly activities are often characterized by quite low value-added ratios (e.g., 1% or 2% are not unusual and negative value added is common);

#   Most manufacturing of consumer goods typically exhibits value-added ratios in the range of 5-30%;

#   Manufacture of intermediate goods and processing of raw materials usually have somewhat higher value added ratios, commonly 20-60%; and

Some Trade Indicators of Nepal

Trade to GDP ratio

23% in 1980s, above 50% in 2000

Average Tariff Rate

13%

Nepal's Share in World Trade

0.02%

Export growth

30% per annum from 1991 to 1995

Nepal's totals exports (excluding re-exports)

US$ 709 million in 2000

Share of primary goods in total exports

70% in 1980s, 17% in 2001

Share of manufactured goods in total exports

30% in 1980s, 66% in 2001