RESTRICTED

World Trade                                                  WT/BOP/R/32

                                                                                                        18 September 1997

Organization                                                

                                                                                                                                           (97-3759)

 

Committee on Balance-of-Payments Restrictions

 

 

 

                                 REPORT ON THE CONSULTATIONS WITH INDIA

 

 

1.         The Committee resumed its consultations with India on 10-11 June 1997.  Following a "period of reflection" the Committee reconvened on 30 June and the consultations ended on 1 July 1997.  The consultation was held under the Chairmanship of Mr. Peter R. Jenkins (United Kingdom), in accordance with the Committee's terms of reference, pursuant to Article XVIII:12(b) of GATT 1994 and the Understanding on the Balance-of-Payments Provisions of the GATT 1994.  The International Monetary Fund was invited to participate in the consultation in accordance with Article XV:2 of GATT  1994.

 

2.         The Chairman recalled that the purpose of the continued consultations was to consider a plan by India to eliminate the measures notified under Article XVIII:B.  The Committee had before it the document WT/BOP/N/24, which, in Annex III, set out a nine-year phase-out plan, consisting of three three-year periods, beginning on 1 April 1997, during which quantitative restrictions from specified products would be removed.  The Chairman observed that India had met its commitment to provide a plan three weeks in advance of the resumption of consultations, a fact that the Committee should take note of appropriately.

 

3.         The opening statement by the representative of India at the meeting of 10-11 June 1997 is attached as Annex I.

 

Statement by the representative of the International Monetary Fund

 

4.         The statement by the representative of the International Monetary Fund at the meeting of 10‑11 June is attached as Annex IV.  In addition, the representative noted that his answers to the questions posed during the January 1997 consultations on India's balance-of-payments situation had not changed during the interim period.

 

Discussion in the Committee

 

5.         The representative of the European Union thanked the delegation of India for the statement made on liberalization measures that the Indian Government was contemplating for implementation in order to bring India's obligations, or situation, into conformity with undertakings in the WTO, and the considerable work that had been accomplished in submitting this proposal in time.   He also thanked the representative of the International Monetary Fund for his brief, although very useful, statement and particularly the concluding part which had just been presented.  He recalled that at the January consultations, the Committee had taken note of the IMF's statement indicating that monetary reserves in India were appropriate and that there was no serious threat of any decline in that country's monetary reserves;  this view had been confirmed.  The EC felt that on this basis, the Committee had invited the Indian Government to prepare a plan for the lifting of quantitative restrictions placed on imports, measures introduced by India  under Article XVIII.  It had been agreed that consultations would resume to take a look at this plan, and to conclude these consultations in a way compatible with the appropriate provisions  on balance of payments.  The European Community welcomed these commitments and the efforts made by India to pursue the liberalization process, a process which already had been under way, not only for a number of years following the new trade approach adopted by India, but in particular, in the past few weeks when the Indian Government took the initiative to liberalize some 300 tariff headings.  Nevertheless, he expressed severe disappointment with the plan submitted by the Indian authorities, a plan the EC did not find acceptable.   There was no longer any justification for India's measures under Article XVIII:B.  Under discussion for some two years now was a transitional adjustment period, a favour granted to the Indian authorities.  His authorities considered that immediate disinvokation of Article XVIII:B was absolutely fundamental and that in view of adjustment problems that might be faced, due to imbalances as a result of the long period of application of these measures, a brief transition period of two years could be considered reasonable.  Noting that India had stated its willingness to engage in constructive dialogue, the EC was willing to reciprocate insofar as the Indian authorities were willing to substantially reduce the transitional period.

 

6.         The representative of the United States expressed his appreciation for the timely and comprehensive notification to the WTO Secretariat India's proposed phase-out schedule of the measures justified pursuant to GATT Article  XVIII:B and recognized the considerable effort involved in preparing such a plan.  His delegation could not support India's plan in its current formulation.  He reiterated that to wait six to nine years more to eliminate the vast majority of India's quantitative restrictions  purportedly justified by balance-of-payments problems that did not exist, was neither credible nor commensurate with India's role in the multilateral trading system, particularly for a country that had, until very recently, enjoyed a number of years of double-digit export growth as a result of its participation in the multilateral system.  In his opinion, the Committee had concurred with the judgement of the IMF at the January consultations that India did not face a balance-of-payments problem, a view that had been reconfirmed;  in his view, since January the fundamentals of India's external account had improved.  The proposed phase-out period represented an unjustifiable delay.  Nor did he consider it a responsible action in terms of maintaining the system of rights and obligations in the WTO:  to disregard the rules of the system by embracing an unjustifiably long period for phase-out would not send a very useful message, for example, to those countries which were seeking to gain accession to the WTO.  He urged the Government of India to immediately disinvoke coverage under Article XVIII:B and to reconsider its current plan and propose a schedule more consistent with its role in the international trading system.  He added that the inability to do so would lead India's trading partners to examine other WTO means of addressing this matter.

 

7.         The representative of Egypt expressed thanks and appreciation to the delegation of India for both the valuable opening statement and the very useful and comprehensive documents before the Committee.  The conclusion reached by the Committee in January had presented a big challenge to India, not only because of the enormous number of tariff items to be included in its plan for liberalization, but also the economic difficulties that India still faced.  The balance of trade had witnessed a deficit in 1996-97 of about US$5.4 billion, and the deficit on the current account remained chronic.  The recent improvement in the balance of payments derived from portfolio inflows, short-term deposits and remittances from Indians residing overseas and did not constitute a source by means of which India could maintain equilibrium in its balance of payments  on a sound and lasting basis.  His delegation believed that the Government of India should be commended for its historic and courageous decision to gradually eliminate the quantitative restrictions on a wide range of items ending a long period of protection.  In this context, Egypt  supported the Government of India for this important step.  He viewed the timeframe for the implementation of the liberalization plan as appropriate in view of the need for cautious and careful monitoring of developments.  In order to avoid any set-backs to the reform process, a gradual liberalization plan was a must for such a huge consumer market, a necessity for adjustment of the domestic industry and for creating the appropriate atmosphere for popular acceptance of the liberal reform.  He made reference to the provisions of Article XVIII, paragraphs 2, 8, 9 and 11, which recognize the special needs of developing countries to maintain quantitative restrictions under balance-of-payments cover in order to ensure that the ultimate objective of economic development is achieved, while maintaining economic stability and satisfactory levels of foreign exchange reserves, stressing also the progressive relaxation of their restrictions.  He believed that the Government of India had proved its willingness to meet its obligations under the multilateral trading system and therefore recommended that the Committee agree on the phase-out plan and consider that India had fulfilled its obligations under Article  XVIII:B of GATT 1994 and the 1994 Understanding.

 

8.         The representative of Japan expressed his Government's appreciation for the considerable efforts made by India to submit in a timely fashion a comprehensive plan to phase-out quantitative restrictions, which had been maintained for more than 35 years for balance-of-payments reasons.  His Government was very conscious of the politically sensitive environment in which the efforts of the Indian Government had been made.  However, he stated his strong disappointment that the plan seemed to have paid little attention to concerns expressed by WTO trading partners of India, as well as to the items of interest  to Japan which had been indicated to India during bilateral discussions.  Specifically, the phase-out plan did not refer to the disinvokation  of the recourse to Article XVIII:B provision which Japan had requested  as being essential.  It seemed only logical that India expressly disinvoke this provision, given the fact that there was no longer any justification  for India to maintain restrictions for balance-of-payments reasons.  Secondly, the phase-out period of nine years was far too long to be acceptable;  although conscious of the difficulties which the Government of India faced domestically, Japan was of the view that restrictions on industrial products should be eliminated in principal by the end of 1999.  Thirdly, import restrictions on many items would continue to be maintained on the basis of Article XX and Article XXI of the GATT, instead of Article XVIII of GATT 1994.  He expressed concern regarding the  legal justification of these restrictions.  He requested India to revise the plan as soon as possible, taking into consideration the concerns of interested Members, adding that a successful settlement of this long-standing issue was not only important to India, one of the key players of the WTO, but also to the credibility of the Organization.

 

9.         The representative of Thailand, speaking on behalf of ASEAN, quoting paragraph 8 of Article XVIII:B of the GATT 1994, pointed out that a Member with a balance-of-payments problem caused by the expansion of its internal markets in the process of development and instability in its terms of trade should be able to maintain import restrictions in order to safeguard its external financial position.  In his view, India found itself in such a situation.  Since 1960, India had faced a severe financial crisis, making it necessary to invoke the balance-of-payments provisions; only in the 1990s did the situation allow bold economic reforms and a welcome liberalization process.  Not until early in 1997 had India's financial situation been  well enough for the IMF representative, based on economic data of 1995-96, to conclude that "India's recent economic development has been encouraging, that reform and adjustment efforts need to be sustained" with the recommendation for the removal of quantitative restrictions on imports, particularly for consumer products. 

 

10.       While he recognized that sustainable economic growth  was best obtained by allowing the "invisible hand" of the market force to work, almost 3,000 items had been under import protection for more than three decades and any abrupt changes in the market might only result in havoc.  ASEAN hoped to see the existing quantitative restrictions abolished as soon as possible, while remaining sympathetic to the concerns raised by India.  He hoped that India would give due consideration to an appropriate phase-out period that would neither undermine the continuation of reforms nor cause unnecessary damage to the commercial or economic interests of other Members.

 

11.       The representative of Canada appreciated that a country of India's importance in the WTO had embarked on reform.  Recalling the conclusions of the last consultation with India, he thanked the delegation for providing the plan on time.  While it remained Canada's view that India did not face anything close to a balance-of-payments problem, his Government was sensitive to the political difficulties of overnight adjustment.  Still, the timing and substance of the proposed phase-out plan were extremely disappointing and nine years was far too long.  Canada had stated repeatedly to the Indian authorities that an acceptable period for phasing out quantitative restrictions would be two years, i.e. by June of 1999.  He reminded the Committee that this time-period, in effect, granted India a total of almost four years since the Balance-of-Payments Committee had begun this set of consultations in 1995.  Apart from the total time-frame being proposed, Canada was extremely disappointed that the removal of quantitative restrictions on many of the items of particular interest to Canada, especially agricultural products, was proposed to take place in the second and third tranches of the plan.  Also of major concern was the fact that the Indian phase-out plan did not give a clear commitment that India would  disinvoke its recourse to Article XVIII:B.  This, in his view, was an essential element of any phase-out plan.  India, he added, was an increasingly important international trader.  It had played, and would continue to play, a leadership role within the World Trade Organization.  Accordingly, how this Committee dealt with India's proposed phase-out plan would be very carefully watched by many WTO Members. 

 

12.       Since the coming into force of the WTO, the Balance-of-Payments Committee had been successful in ensuring a much higher standard of adherence to the WTO rules and could not afford now to apply a different standard to India.  A consistent application of the rules was even more important today for all WTO Members when one considered that over the course of the next few years, a number of significant new Members might be brought into the WTO through the accession process.  Canada was convinced that India could  do much better than it had in its proposed phase-out plan.   Worries about potential future balance-of-payments problems could not determine present policy when there was no existing balance-of-payments problem.  Future import problems, if they did occur, would need to be dealt with on a case-by-case basis.  Depending on the nature of such possible import surges, provisions other than those related to balance-of-payments could well be the most appropriate way of dealing with such problems, for instance Article XIX on product safeguards or Article IX:3 of the Marrakesh Agreement dealing with waivers.  Under the circumstances, he concluded that Canada could not accept the proposed phase-out plan as fulfilling the requirements of Article XVIII and looked to the Indian delegation to produce a plan which would be acceptable.

 

13.       The representative of Sri Lanka expressed his delegation's deep appreciation to the Government of India for the efforts made in presenting a comprehensive phase-out plan for progressive elimination of quantitative restrictions maintained for balance-of-payments reasons in response to deliberations and conclusions of the previous session held in January.  These efforts were indicative of India's strong commitment to the multilateral trading system and its long-term disciplines and he commended the Indian Government for the continuation of its economic reforms and its determination to maintain a liberal and open trading system.  There was no doubt that by presenting a bold and credible plan which envisaged elimination of quantitative restrictions in three phases, stretching over nine years, the Government of India had fulfilled an essential condition in achieving lasting improvements in the Indian balance-of-payments position and completing its transition started in the early 1990s.  With a carefully designed plan to gradually phase-out quantitative restrictions as an integral part of the process of economic reforms, India appeared to have taken another major step in adapting its trade policies to the needs of liberalization and  openness to the world outside.  In his opinion, what was important was the fact that the present plan to eliminate quantitative restrictions had been announced at a time when the Indian economy was experiencing unsatisfactory export growth resulting in an increased trade deficit.  In spite of this unfavourable situation, the unwavering commitment of the Indian Government, as reflected in the document WT/BOP/N/24, to pursue an open, liberal and market-oriented trade policy, was indeed commendable.  Being a neighbouring country having substantial trade interest with India, Sri Lanka viewed the proposal under discussion in this Committee as a positive development.  His Government was particularly pleased to note the desire of India to include agricultural products on which  India had bound tariffs at very low levels.  He went on to say that the effectiveness and viability of proposals with social and political repercussions for many sectors of the economy would depend upon the consensus on such proposals amongst all concerned. particularly for a country like India given its size and diversity.  His delegation appreciated the cautious and pragmatic approach followed in drawing up the proposed phase-out plan, recognizing the uncertainty and fragility in India's balance-of-payments situation and with a view to ensuring its broad acceptance.  The efficacy of the proposal could be enhanced by extending necessary support and encouragement to sustain the momentum of the process.  His Government accepted the proposed phase-out plan and was ready to extend whatever support was needed for its successful implementation.

 

14.       The representative of Australia stated that a more open and transparent import regime based on tariffs would, in the long term, be in the interests of both India and its trading partners.   Australia supported the trade liberalization provisions of India's recently announced Export-Import policy, but expressed serious concerns with the tabled  phase-out plan.  Like others before him, he considered the phase-out period of up to nine years as far too long, especially in view of the improvement in India's balance-of-payments and foreign-reserves position, indicating that there were no longer WTO grounds for the maintenance of quantitative restrictions.   Australia's view was that it should be possible to phase-out all quantitative restrictions by 1 January 2000.  While he understood that India did have politically sensitive sectors, he emphasised that Article XVIII was never intended to provide for domestic protection.  There was no justification for an excessively delayed phase-out since most of the items received considerable tariff protection.  If India was concerned about the impact on particular industries, other WTO provisions might be more appropriate.  Secondly, Australia was concerned about the extraordinary protection given to agriculture.  Most agricultural raw materials and processed foods would continue to remain under quantitative restrictions for another six years until the start of the third stage of India's phase-out plan.   India had made it abundantly clear that the delayed phase-out for agriculture was not for fear of balance-of-payments problems but to protect the agricultural sector.  This was unacceptable to Australia.  Thirdly, he saw a need for a clear commitment on disinvokation of Article XVIII:B, given the absence of a balance-of-payments problem for India.  India was not entitled to Article XVIII:B cover and disinvokation was the only means to provide certainty to India's trading partners.  Australia strongly urged India to improve its proposal, adding that it would be a mistake for India to underestimate the trade interests and concerns of Australia.

 

15.       The representative of South Africa commended the Government of India for the relaxation of the restrictions already implemented and for demonstrating its commitment to further liberalization to be properly managed in a transparent manner.  He appreciated  that the period of time proposed for the phase-out of its remaining restrictions was a matter of great sensitivity to India and simply wished to encourage India to accelerate the process of liberalization as its overall balance-of-payments situation would permit.

 

16.       The representative of Hungary felt that the  plan demonstrated that the Government of India was firmly committed to the progressive liberalization  of imports.   The phase-out plan was transparent, balanced and comprehensive, covering all restricted sectors.  Hungary believed that the rapid removal of quantitative restrictions would undermine the external and economic stability of the country;   after many years of restrictions, a gradual phase-out of quantitative restrictions seemed to be more reasonable, both from the political and the economic point of view.  The Government of Hungary was convinced that the Government of India could best determine the appropriate phase-out programme for the remaining restrictions, taking into account the development  needs of the country and ensuring the level of reserves adequate for implementation of its programme of economic development.

 

17.       The representative of Peru noted that over the last year there had been a substantial fall in India's exports and reserves covered only six months of imports.  Thus, he believed that the balance-of-payments situation was still fragile, justifying the submission of a progressive phase-out plan over a nine-year period.  It was important that the phasing out of quantitative restrictions in India be accomplished without sacrificing the growth of the Indian economy or creating a balance-of-payments problem.  As such, the plan submitted by India provided a good basis for reaching an agreement within the Committee.

 

18.       The representative of Norway first asked if it would be possible for India to produce a breakdown of the 100 per cent increase in imports over the last five years between investment goods and consumer goods.  He recalled that in January the Committee had taken note of the IMF's statement that India's current monetary reserves were not inadequate and there was no threat of a serious decline in India's monetary reserves.  The IMF had  stated, inter alia, that quantitative restrictions should be removed over  a relatively short period and had repeated this view today.  In January his delegation had adopted the position  that a period of two years would be reasonable for phasing out the quantitative restrictions.  Consequently his Government noted with considerable regret and disappointment that the timetable provided by the Indian authorities for a phase-out period would not be completed until 31 March 2006.  In the view of his delegation, the phase-out plan presented by India contained some serious flaws.  First, the plan did not contain any reference  to the elimination of the restrictions.  According to Article XVIII:B, paragraph 11, a contracting party shall eliminate the restrictions when conditions no longer justify their maintenance.  Nor could a phasing-out period of nine years be considered as a reasonable period for restrictions on imports not warranted under balance-of-payments provisions.  A substantial reduction of this time was therefore a matter of the highest priority.  In conclusion, he stated that  the nine-year phase-out plan proposed by India was not acceptable, a view justified by a combination of systemic concerns and the objective, economic and financial, criteria of the  case.

 

19.       The representative of  Brazil expressed firm conviction that the success of the on-going economic reforms in India was positive for India and for the multilateral trading system.  Before commenting on the phase-out, the Brazilian delegation repeated its view that India's balance-of-payments position, although now much healthier than at the beginning of the decade, was by no means securely stable and certainly not irreversible.  The balance-of-payments data presented last January certainly reflected, to a large extent, the positive effects of the liberalization programme carried out by the Indian Government.  The statement of the IMF representative had been very illustrative in this regard.  Nonetheless, it was the Government of India which could best gauge the uncertainties and destabilizing forces in the Indian economy.  The Committee had received clear indications that such  forces existed in that economic trends in India in the past months warranted caution.  He listed a few of these recalling  the sharp deceleration of exports in 1996:  the growth rate was one third that of the previous year;  the 85 per cent increase in imports from 1991/1992 to 1995/1996, especially the crude-oil bill, which had risen by over 40 per cent between April and November 1996;  the widening trade deficit from $1.5 billion in 1991/92 to $4.5 billion in 1995/96;  the widening of the current account deficit to 1.7 per cent of GDP in 1995/96 against 0.9 per cent in the previous year;  and above all, the high incidence of volatile capital inflows in short-term liabilities on India's external account.  As of 6 June, the total amount of reserves was $24.6 billion, yet portfolio investments last March accounted for $7.5 billion and short-term outstanding debt amounted to $4.03 billion.  Furthermore, the outstanding balance on the different non-resident deposits schemes was at $20.8 billion.  Globalization of private capital had dangerous implications, most obviously high volatility which should be carefully monitored, both in India and other host countries.  He noted that, in 1996, 73 per cent of all private investment in developing economies went to only 12 countries.  These points, he felt, underlined the fact that the Indian balance-of-payments situation was complex and deserved to be treated as such.  With regard to the phase-out plan, his delegation thanked the Indian delegation for its extensive and competent work in presenting the comprehensive documentation, which clearly reiterated India's commitment to proceed with the consultations in a high degree of transparency.  He was pleased to notice that Annex 3 encompassed all areas subject to quantitative restrictions, including agriculture.  While recognizing the sensitivity of agriculture to the developing economies, its progressive opening to the world market was an important step to a more efficient, competitive and functionally stable economy.  In sum, his delegation felt that the present phase-out plan should be evaluated in flexible terms, bearing in mind the very encouraging efforts undertaken by India in the direction of economic liberalization.  He warned that any premature decisions that might jeopardize these efforts and the progress achieved so far should be avoided.

 

20.       The representative of Switzerland stated that, as had been clearly demonstrated by the expertise and the statement of the IMF, India no longer faced balance-of-payments difficulties and it had adequate monetary reserves.  Consequently, India had no justification in maintaining trade restrictions under Article XVIII:B of GATT 1994 and thus the restrictions maintained by India should be immediately dismantled.  Aware, however, of the structural adjustment difficulties that an overnight elimination could engender, his Government was willing to consider a transitional period of some two to three years as a favour granted in order to take into account a rather particular economic situation.  He also considered the proposal as much too long a period and regretted that India did not intend to explicitly renounce recourse to Article XVIII:B.  Consequently, India's proposals were not acceptable to Switzerland.  He enjoined India to significantly improve its plan and to renounce, without concessions, any invocation of exception for balance-of-payments reasons.  The outcome of this consultation would undoubtedly serve as an example for the multilateral trading system particularly given that countries with considerable economic potential were in the course of accession to the WTO.   Therefore, Switzerland sincerely hoped that the Committee would reach conclusions that were in conformity with the spirit and the letter of the World Trade Organization Agreement.

 

21.       The representative of Cuba considered that India had complied with all of its obligations provided for in Article XVIII of GATT 1994 and with the 1994 Understanding.  This Article recognizes the need for developing countries to adopt measures for balance-of-payments purposes.  In view of a growing trade deficit and a reduction in the growth of India's exports, these were justified by Article XVIII:B.  Measures taken since 1991 (such as the progressive reduction in restrictions on imports by some 75 per cent) were testimony to India's efforts.  At the past meeting of this Committee, it had been requested that restrictions still in place for balance-of-payments reasons be notified and this had been done.  India had submitted a three-phase plan for the phasing-out of measures notified pursuant to Article XVIII:B and thus had complied with its obligations under paragraph 1 of the relevant GATT provisions.  Cuba considered that India had complied with its obligations under Article XVIII:B and the 1994 Understanding and since it continued to face difficulties, India's plan was transparent, reasonable and acceptable and hopefully this would be the conclusion reached by the Committee.

 

22.       The representative of Poland recognized the substantial effort and good will of the Indian delegation in submitting the comprehensive notification of restrictions in advance of the Committee meeting and in line with past recommendations.  He expressed gratitude for the level of transparency demonstrated by the Indian delegation during the informal contacts on a plurilateral basis.  He was happy to learn about the gradual, but constant, improvement in the macroeconomic equilibrium of India and appreciated the liberalization effected so far by India.  He noted the visible improvement in the balance of payments of India which did not cause, as argued by the IMF, an immediate danger to its reserves.  This did not mean that Poland did not recognize the problem of the trade deficit and the fragility of the balance-of-payments situation, as well as political problems related to maintaining restrictions in India.  He understood that the long-standing application of restrictive measures created per se some difficult political and social problems.  Balance-of-payments problems were like a disease and threatened many countries facing radical changes in their macroeconomic and trade policy.  In his view, every case, like a disease, should be treated in an individual way, although the medicaments should be those as defined and viable in a reliable diagnosis.  As far as the disinvokation of Article XVIII was concerned, he saw some possible ambiguity in the interpretation of paragraph  13 of the Understanding.  He wished, however to appeal to the Indian delegation to consider this problem in the spirit of common responsibility for the system, the system in which each case should be judged on its own merits.  He was convinced that the WTO provisions enabled countries to take recourse to them when a balance-of-payments situation was deemed in disequilibrium.  Poland and her major trading partners in the region had their own record of using the balance-of-payments provisions.  He believed that the type of treatment should be adequate for the type of the problem.  The phase-out proposal presented by India was a very prudent one but he was not convinced that the nine-year period was not an excessively long one.  He drew attention to the possible demonstration effect of the proposal, given the crucial position of India in the WTO system.

 

23.       The representative of Pakistan believed that the phase-out plan demonstrated India's commitment regarding its obligations to the WTO.  He suggested that the Committee should keep in mind the following points:  economic development was the primary objective of developing countries, including India.  This objective was well-covered by the provisions of Article XVIII:B;  policies and actions in other areas by developing countries were often in the context of facilitating this process of economic development.  Gradual phase-out was in the  interest of not only the country invoking balance-of-payments restrictions but also its trading partners.  A sudden shock resulting from an immediate phase-out could be counter-productive;  disruptions resulting from a sudden phase-out could lead to balance-of-payments problems in the near future and necessitate the reimposition of  quantitative restrictions, which would not be a desirable outcome.  Price-based measures might not be a perfect substitute due to the prevalence of conspicuous consumption in many developing countries.  He believed that the management of the phase-out plan should be seen against the background of the size of the economy, its population, the size of a growing middle class of potential consumers, development objectives and the need to achieve economic reforms on the basis of political consensus.  In India's case, the recent trends, a dramatic fall in export growth, and an increase in the trade deficit, should be kept in mind.  These trends, coupled with the composition of Indian reserves, demonstrated the inherent instability and uncertainty in the balance-of-payments position.  He therefore expressed his Government's support for India and urged Committee Members to show understanding and sympathy for the Indian position, particularly in view of its good intentions, the on-going process of economic liberalization and its political situation.

 

24.       The representative of New Zealand welcomed the fact that India had now tabled a proposed plan for the phasing out of quantitative restrictions under GATT Article XVIII:B and appreciated India's considerable efforts in drawing up this plan.  However, he expressed his severe disappointment with the phase-out plan which fell far short of meeting the expectations of India's major trading partners.  New Zealand urged India to table further proposals so that progress could be made in the consultations.  His Government had two principal concerns, both with the  period of nine years which New Zealand did not believe was realistic or justified in the context of India's improved balance-of-payments situation.  While noting India's continued anxiety about the current account situation, it was clear that while export growth might not be meeting expectations, the overall external position had continued to strengthen.  It was clear also that international confidence in India's economic performance had improved, precisely because of the reform process and liberalization.   He recognized that there was a continued need for structural adjustment in the Indian economy, but he did not believe that such adjustment could continue to take place under GATT Article XVIII:B.  New Zealand wished, once again, to urge the Indian Government to give consideration to a short phase-out period as suggested by the International Monetary Fund and by India's trading partners.  He also wished to reiterate a point made earlier by Australia, i.e. that even in the absence of quantitative restrictions India had considerable tariff protection available to it.  Secondly, his Government was disappointed with the proposal to maintain quantitative restrictions on many agricultural items, possibly until the year 2006.  New Zealand had a strong interest in the agriculture sector and this had been reflected in the list submitted earlier to India.  While welcoming the liberalization of some of the products contained in that list in the recently announced Export and Import policy, most of the key agricultural items of interest to New Zealand had not been scheduled for liberalization in the proposed plan until the end of the phase-out period.  In addition, some were subject to the added uncertainty of renegotiation under Article XXVIII.  These items had been subject to bans for a very long time and for New Zealand to have to wait up to nine years for their full liberalization along with the expectation of considerable tariff uncertainty would not represent a fair and balanced outcome to this process.  In conclusion, he pointed out that further trade liberalization could only benefit the Indian economy.  He believed, speaking from experience, that the process of reform would not be served by extending the use of such  highly trade-distortive measures as quantitative restrictions far into the future.  It was New Zealand's view  that India should take advantage of the overall improvement in its balance-of-payments situation to disinvoke GATT Article XVIII:B cover and quickly phase out its remaining quantitative restrictions.

 

25.       The representative of the Republic of Korea recalled that the Indian Government  had implemented economic reforms over the course of the last five years.  These reforms had achieved successful results in terms of GDP  growth, employment, reduction of poverty, export increases and lowered inflation.  Considering the overall size of the Indian economy, and its potential contribution to the rest of the world, those achievements were very encouraging.  He did not consider nine years to be a short phase-out period.  Since India had used the balance-of-payments provisions  for a long time, its economy had become accustomed to that situation.  He could, therefore, understand that India needed some time in which all players in the economy could avail themselves of a freer market.

 

26.       The representative of Nigeria believed that the phase-out proposal was a positive development which the Committee should recognize and supported India's time-frame for the phase out.  Where a number of delegations had referred to India's phase-out proposal as incomplete since it did not contain an explicit undertaking to disinvoke Article XVIII:B, his delegation was of the view that this Committee should look at India's proposal within a positive  context, particularly in India's presentation of a detailed programme for phase-out in line with the 1994 Understanding.  With regard to calls for an immediate phase-out  over a two-year period, Nigeria believed that the Committee should take into account the political and social implications  of such a drastic decision.  A longer time-frame for phase-out would enable the relevant authorities to take far-reaching economic decisions while avoiding  the possibility of political and social disruption.

 

27.       The representative of Hong Kong said that he had been very impressed by the transparency shown by India.  Obviously, great care had been taken  to present a clear picture and to fully inform Members.  He welcomed the liberalization and public policy initiatives currently being pursued by India.  Hong Kong, known for its free trade policy and practice, had general systemic concerns about the use of Article XVIII:B which might go beyond pure balance-of-payments needs.  He did not underestimate the problems faced by India in reviewing and phasing-out the quantitative restrictions currently in place, but felt that within the spirit of Article XVIII these should be phased out as quickly as is possible.

 

28.       The representative of El Salvador (Observer) considered that India had discharged its obligation under Article XVIII of the GATT of 1994 and the provisions of the Understanding.  In El Salvador's view, the growing trade deficit and the fall in exports in India justified  its recourse to Article XVIII:B, which, in paragraph 8 recognizes difficulties which may stem from such instability in the terms of trade of a developing country.  Since the economic reform programme of 1991 had begun India had aligned itself with the Harmonized System and lowered its import restrictions.  India had discharged its obligations in notifying its BOP restrictions in WT/BOP/N/11 and Corr. 1 and in responding to the invitation to submit a three-stage plan to phase-out measures (WT/BOP/N/24), a plan covering all sectors currently under restriction.  In evaluating the plan, the development goals of India should be kept in mind as well as the fact that the plan was an integral part of the economic reform plan based on national political consensus.  This should be borne in mind in the Committee's deliberations.  The representative added that India had been absolutely candid about notifying its programme to the Committee and had given due consideration in a balanced way to the Members of the WTO.  On this basis, the Committee should conclude that India had discharged its obligations under Article XVIII of the GATT and under the 1994 Understanding.

 

Replies from India

 

29.       The representative stated that India had approached the process of consultation with a view to achieving results which would satisfy everybody.  He was pleased that a large number of delegations representing developing countries empathized with the problems India faced.  He responded to the points made in two parts.  First, where specific clarification had been sought and, secondly, on two or three important areas.  He addressed a question regarding details of the restrictions maintained for other than balance-of-payments purposes which had been the subject of informal discussions with all the trading partners.  Most of the items listed, more than 95 per cent, were permitted for import subject to the conditions indicated in the notification;  for example, imports of aircraft and helicopters were subject to a certification issued by the Director-General of Civil Aviation.  He would be happy to provide any further clarification on the measures notified under Article XX or XXI restrictions.  With respect to the question as to whether the trade data included services exports, exports that went through customs were reflected, i.e. most services exports were included in the data provided, but not data on trade conducted through electronic means.  Regarding the breakdown of imports between investment goods and consumer goods, he offered to provide this information separately.  With respect to Australia's comment that India should not underestimate Australia's trade interest, this had never been the intention.  India had met frequently with every delegation, to ensure that their interests and concerns were taken into consideration.  Nonetheless, if he could have fully satisfied the requests and concerns of all India's trading partners, there would not have been any need for consultations.  While reference had been made to some other WTO provisions, such  as safeguards, he suggested that India had little experience in using these provisions:  e.g. while India could argue against textiles quotas, for India to design a textiles quota would be difficult.  It would take time to develop the capabilities required to use some of the WTO provisions which some partners had advised.   While pleased to hear that India should not have such a long phase-out period because it was such an important Member of the WTO, and thus should play a leadership role, he preferred to be considered an active Member.  India had taken an active interest where issues had systemic implications, but the argument that India played a leadership role should not be used to deny India its legitimate expectations.  It seemed that India's phase-out plan was under scrutiny in the context of "impending events".  As an active Member of the WTO for almost 50 years, he believed that the proposed phase-out should be viewed independently and should not be linked with future events not related to India.  Turning to the time-frame, he recalled that in 1989 the Committee on Balance-of-Payments Restrictions gave a fairly long phase-out period - close to nine years - to another Asian country which had maintained fewer restrictions.   He added that the agricultural and textiles sectors were extremely sensitive because of the high rural employment involved and the inability of India's economy, at least in the foreseeable future, to offer alternative employment.  With regard to disinvokation, it was India's intention to do everything in terms of the WTO Agreements.   Once the Committee and the General Council had approved India's phase-out plan, and India implemented the phase-out plan as agreed, its trading partners would have legal certainty, as would India as far as insurance against possible other WTO actions were concerned.  He quoted paragraph 13 of the Understanding:  ..."in those cases in which a time schedule has been presented for the removal for restrictive measures, taken for balance-of-payments purposes, the General Council may recommend that in adhering to such a time-schedule the Member shall be deemed to be in compliance with his GATT 1994 obligations.  Whenever the General Council has made specific recommendations, the rights and obligations of Members shall be assessed in the light of such recommendations ...".  He  asserted that this provided legal certainty to both sides, by ensuring that once the phase-out plan was agreed, India would adhere to such a phase-out plan which would provide certainty for its trading partners and which, for India, would offer insurance against certain actions by its trading partners.  He looked forward to a constructive dialogue and successful conclusions in the consultations.  While some delegations had stated that the phase-out period was a favour being granted to India, India viewed the process of consultations in a spirit of partnership and expected that others would also see the process in the same spirit so that a solution could be found.

 

30.       Following informal and bilateral meetings, at which the length of the phase-out plan was discussed, the Chairman saw no prospect of arriving at a consensus in the time available, despite the flexibility and constructive spirit demonstrated by all parties concerned, and a significant narrowing of the gap between Members' positions.   He therefore proposed a period of reflection and that the  Committee reassemble on 30 June.

 

31.       When the Committee reassembled, and after the Chairman had opened the discussion, the representative of India made the statement attached as Annex II.

 

32.       The representative of the European Union appreciated the effort by India to try and bridge the gap, but considered that it was only a first step.  While recognizing that the fundamental orientation of Indian trade policy was liberalization of foreign trade, there were limits to flexibility:  the scenario three, plus three, plus one seemed still to be far from what had been expected from India.  The European Union was now  willing to accept the transitional period of five years achieved after very difficult internal negotiations and re-evaluation of the situation.  The elimination of restrictions should have taken place two years ago and, if not now, after a brief transition period.  Although five years could not be considered a brief transition period, the European Union  would be willing to consider this satisfactory.  With regard to the question of legal cover, the European Union could be flexible in order to arrive at a successful conclusion.  It was in the light of the arguments regarding development policy that the European Union could condone a phase-out period of five years, although he thought that the Committee was not the place to discuss economic and development policy.  He invited the Indian delegation to review its position.

 

33.       The representative of the United States acknowledged that the revised proposal suggested a shorter time period but added that it would come as no surprise to anyone that the United States found the plan unsatisfactory.  Essentially, the Committee found itself at the end of a two-year process.  As noted by the European Union, the consultations began two years ago;  at that time the representative of the IMF saw no reason why the measures could not be eliminated within two years.  Two years later the Committee was still discussing a transition period.  The U.S. had tried to show flexibility and to understand the concerns of India and had hoped that this process would result in a satisfactory outcome.  The United States had hoped that the delegation of India would have used the three-week recess period to reflect on the implications of no agreement and present a plan that would be acceptable - a reasonable plan.  Certainly liberalization was always a bitter pill, but one could not escape the fact that there was no balance-of-payments cover for these measures.  There had been a significant increase in reserves in 1996 and 1997 of almost US$6 billion.   The IMF had confirmed in January that there was no threat to the balance-of-payments situation and three weeks earlier, the IMF reiterated that its answers to the questions posed in January would not have changed.  Under the circumstances, seven years was not a reasonable period for the phasing-out of measures inconsistent with the WTO.  Therefore his delegation had no choice but to reserve its rights.

 

34.       The representative of Australia deemed that the gap between India and its trading partners had narrowed and that it would be a pity if the remaining gap could not be bridged.  Australia had shown flexibility in its approach  to this issue and encouraged India to do likewise.  As others had noted, it was indisputable that India's balance-of-payments and reserve position had improved to such an extent that there could no longer be any WTO grounds for the maintenance of quantitative restrictions.  The current offer of seven years by India, although a welcome improvement on the original offer at the last Committee meeting, was still unacceptably long.  Many of the items of particular significance to Australia would presumably fall in the seventh year.  Australia was prepared to take a flexible approach to the phase-out timetable and could consider five years, provided that agricultural items received more equitable treatment in the phase-out package.  And, although not strictly relevant to the present discussion, Australia would need to see an agreement on a satisfactory basis to handle the Article XXVIII negotiations.  In sum, he strongly urged India to improve its offer and repeated that India should not underestimate Australia's trade interests in this matter.

 

35.       The representative of New Zealand, while appreciative of the efforts that India had made and the flexibility shown, did not see much improvement in the proposal.  Flexibility depended on a comprehensive approach:  agricultural items, still subject to Article XXVIII negotiations, should be incorporated into the same timeframe:   a five-year period.  Five years was not a hasty liberalization, but a very generous period of time for removing the measures that New Zealand considered inconsistent with WTO provisions.   He hoped that India would reconsider its proposal in the light of the considerable flexibility that its trading partners had shown.

 

36.       The representative of Switzerland viewed the new proposals as an improvement compared to the plan presented during the last meeting, but emphasised that his Government's view of the balance‑of‑payments situation in India had not changed.   He agreed with the IMF's opinion according to which restrictions applied by India for reasons of balance-of-payments difficulties - difficulties which did not exist, as the statistics had shown - could be dismantled over a short period of two to three years.  As previously indicated, Switzerland was ready to take into account the special situation of India and envisage additional flexibility to agree on a period of four or five years, which would constitute a favour, given that the measures had no basis in WTO Agreements.  He urged the Indian delegation to continue along this path in order to reach a timeframe acceptable to his delegation.  The fact that the Indian measures had no basis in WTO Agreements, he added, should be stated clearly in the conclusions of the Committee.

 

37.       The representative of Egypt expressed his appreciation for the spirit of flexibility shown by India concerning the shortening of the period of implementation of the phase-out plan.  He believed that giving this reasonable period of time would ensure the full implementation of the plan and would help to avoid any unforeseen setbacks.

 

38.       The representative of Tunisia appreciated the efforts undertaken by India in order to shorten the period of the phase-out plan.  As the process of dismantling required a period of adjustment, he supported the request made by India.

 

39.       The representative of Hungary considered the proposed phase-out programme reasonable, taking into account the fragility in India's balance-of-payments situation, its development needs and objectives and the achievement of its economic reform.  Hungary supported the proposed phase-out programme for the elimination of balance-of-payments-related quantitative restrictions.

 

40.       The representative of Sri Lanka felt that two weeks of soul-searching appeared to have had positive results.  The revised phase-out plan significantly reduced the phase-out period of India's current quantitative restrictions to effectively a six-year period as opposed to nine years.  It appeared that India had brought forward a number of items under the third stage of its earlier plan to the second stage, while keeping a marginal number of items, currently subject to low levels of tariffs, to an extra year.  The latest phase-out plan had been drawn up in a systematic manner allowing India to manage its balance-of-payments restrictions without having to seek recourse to intensification of restrictive measures during the phase-out period.  The new plan was both a balanced and a constructive one, in keeping with the development needs of the Indian economy in the long term.  He noted the Indian delegation's reference to the serious political and social ramifications which could result from further liberalization of its trade regime, considering these measures by a coalition government, a courageous step on the part of India.  His delegation was of the view that the modified Indian phase-out plan was reasonable and fulfilled India's obligations.

 

41.       The representative of Venezuela wished to be associated with the expressions of recognition for all the efforts made by India throughout the consultations and in particular with its latest proposal.  In connection with the latter, he added that the guarantees given by India that the import restrictions would be eliminated in a maximum of six to seven years demonstrated the flexibility of this Government, which Venezuela could accept in good faith.  He was satisfied that the dismantling of the import restrictions would not be concentrated in the last years of the period but rather that it would be done gradually and would cover all the products in each one of these sectors for each phase of the dismantling of these restrictions.  He also considered that with the complete elimination on the part of India of these restrictions, they would have fulfilled the obligations of paragraph 13 of the 1994 Understanding.  Finally, he expressed the view that non-recourse to these provisions would severely unbalance the equilibrium of rights and obligations for developing countries in the WTO.

 

42.       The representative of Cuba joined in the view that India had fulfilled all its commitments vis-à-vis the Committee by reducing the period for the elimination of quantitative restrictions in a time span that was necessary and logical, given that precipitate action could cause unforeseen difficulties.

 

43.       The representative of Norway recalled that during the last round of consultations, his Government had called for substantial reductions of the nine-year phase out plan that was then presented, having reviewed the  IMF analyses thoroughly and  found that the basis for maintaining quantitative restrictions was meagre at best.  He noted that the IMF called for a removal of quantitative restrictions during a relatively short period;  his delegation did not consider a phase-out plan of seven years to be justified and would have problems in accepting this as the result of  these consultations.  He therefore appealed to India to reconsider its current position.

 

44.       The representative of Peru pointed out that the gap between the most recent proposal by India and the demand for a five-year phase-out did not constitute a major difference.  In his view, the balance-of-payments situation showed fragility suggesting that a period of six to seven years was appropriate.  With respect to the question of disinvocation, he added that it had rather serious systemic implications.

 

45.       The representative of the Republic of Korea stated that India needed some period of time to phase out all restrictions during which its economy could adapt to a more open market and hoped that the Committee could finalize this long consultation.

 

46.       The representative of Japan, while grateful for India's efforts in improving its offer, felt that a five-year period was not a short period and urged India to made additional efforts to further narrow the gap.

 

47.       The representative of Thailand, speaking on behalf of ASEAN, symphathized with India on its attempt to satisfy all requests of Members and supported the phase-out plan that India had tabled, given the uncertainty India faced in its economic situation as well as its political setting.

 

48.       The representative of Brazil reiterated the Brazilian point of view that the balance-of-payments situation of India was not irreversible, that it was actually quite complex and deserved to be treated as such.  He also believed that the approach towards India's situation should be flexible, particularly in light of the liberalizing efforts undertaken by the Indian Government.  India had shown good will and a constructive spirit.  He saw that there was a significant gap between the Indian proposal and the position or the aspirations of some Members, but hoped that it was not unsurmountable and that common ground could  be found leading to a favourable outcome of the consultations.

 

49.       The representative of Canada thanked the Indian delegation for the work performed over the past few weeks in trying to come up with a proposal that might meet others' concerns.  While recognizing that there had been some shift forward in the products of major interest to Canada, agricultural products remained in the final tranche of what was a seven-year period.   In the view of the IMF, the body legally responsible for making the determination, there was no serious threat of a decline in the monetary reserves of the Indian Government.  Thus, even a two- or a three-year phase-out plan would not be given in recognition that India was facing a balance-of-payments problem, but because there was support for the process of liberalization by India, not because there was a legal obligation to do so.  Canada was prepared to consider something along the lines of  4½ to five years if there were consensus, but would have to see what product coverage shifts there might be.  Regarding disinvocation, he found curious and incomprehensible the remark made earlier that for India to state explicitly that it would no longer have recourse to Article XVIII would be upsetting the balance of rights and obligations of WTO Members.  Should India face a real balance-of-payments problem, it would always have the right to invoke again Article XVIII.  Meanwhile, all parties required some kind of legal certainty, in his view through some form of a waiver procedure.  In conclusion, he said that Canada fully recognized that there were enormous domestic political sensitivities which is why Canada was prepared to go along with a phase-out period, even though India did not face a balance-of-payments problem.  He acknowledged the threat of structural adjustment and ensuing social problems, but recognizing that India could always reinvoke balance-of-payments provisions or use other mechanisms to protect itself, considered that a phase-out of four to five years would be appropriate.

 

50.       The representative of Nigeria believed that the three, plus three, plus one proposal would give India sufficient room for phase-out of the quantitative restrictions and, at the same time, avoid political and social disruption of the status quo.  In considering India's revised plan, the priorities of development objectives and the need to meet the basic needs of the people and the process of structural adjustment of developing economies should be kept in mind.  India's economy was undergoing a rigorous process of reform and adjustment and the WTO should be seen to be supportive of such bold measures.   He believed that the Committee should demonstrate flexibility by accommodating India's proposal for phase-out over a seven-year period.

 

51.       The representative of India pointed out that Annex 2 of WT/BOP/N/24 documented all the liberalization measures undertaken since December 1995 to the present, evidence that, in parallel with the consultation begun in December 1995, India had been liberalizing products.  Since January 1997, 400 products had been liberalized;  irrespective of what was happening in the Committee, the process of liberalization was continuing.  As far as he was concerned, once a phase-out plan was agreed and implemented, legal certainty was provided for both India and its trading partners in paragraph 13 of the Understanding.  India, he continued, had shown considerable flexibility in revising  its nine-year plan to a seven-year plan, in which the seventh year would contain a minimum number of products.  Flexibility should not be one-sided, and India had done its bit.  While he appreciated the concerns expressed by certain Members, this situation required that the WTO be supportive of the process of liberalization undertaken by countries like India.  By showing some extra flexibility or consideration, the WTO could send a signal to India and, in a way, to all developing countries that the WTO was appreciative of the problems faced by developing countries, and that when they faced special situations or difficulties, the WTO would provide the necessary support rather than create any problem.  He appealed to those who were not completely satisfied with the seven-year phase-out plan to appreciate India's enormous difficulties and to show additional flexibility so that the Committee might arrive at a consensus decision.

 

52.       The representative of the European Union believed that the European Community had shown great flexibility towards India and now had reached its limits.  He proposed that the European Union could give up its initial request of two years (on top of the two years that had elapsed) and could go as far as five years, provided that the structure for elimination of quantitative restrictions was acceptable.  During this period of five years, measures should be covered by the appropriate legal provisions, i.e. a waiver under which India should not invoke Article XVIII:B.  If this was not acceptable, he suggested that the consultations terminate and Members seek other ways to solve this problem.

 

53.       The representative of the United States seconded the view that flexibility had not been a one-way street.   All the major participants had made the effort to arrive at a compromise, but the limits of flexibility had been reached.   All sides had shown flexibility but a significant gap remained:  there was no consensus.

 

54.       The representative of Australia sought clarification as to whether the Indian delegation could react to the five-year proposal to which the representative of India responded that India's reaction was the same as Australia's reaction to the seven-year plan.

 

55.       Following a suspension of the meeting to allow informal exchanges, the Chairman reported to the Committee that he had concluded that it would not be possible to close the remaining gap between delegations' positions.  He therefore noted that in the absence of specific proposals for recommendation by the General Council, the Committee's conclusion should record the different views expressed in the Committee as required by paragraph 13 of the Understanding.

 

56.       The representative of India delivered his closing statement (Annex III).

 

57.       The representative of the European Union  stated that the EU had been ready to work on the basis of an informal proposal by the Chairman and regretted that the political will to reach a definitive result had been lacking.  Referring to the point made by India that Governments were the best judge as to whether the level of reserves was appropriate or not, he recalled that Article XV, paragraph 2 of the General Agreement states that "in reaching a final decision in cases involving the criteria set forth in paragraph 2(a) of Article XII in the paragraph 9 of Article XVIII:B, CONTRACTING PARTIES shall accept the determination of the Fund as to what constitutes a serious decline in the contracting party's monetary reserves, a very low level of its monetary reserves or reasonable rate of increase in the monetary reserves, and as to the financial aspect of other matters covered in consultation in such cases".  Nor did he share, as previously stated, the interpretation by the Indian delegation of the  Understanding in  connection with Article XVIII:B.  In conclusion, he observed that the Community was available at any time for discussion with the Indian authorities in order to find a satisfactory solution on the basis of consensus.

 

58.       The representative of Canada joined the European Community in referring to Article XV:2, "that the CONTRACTING PARTIES shall accept the determination of the Fund as what constitutes a serious decline in the contracting party's  monetary reserves ...".  Canada had made it clear that, in their view, India did not face a balance-of-payments problem.  Rather, in order to support India's trade liberalization efforts, which would be in India's own best interests, Canada had gone beyond what was required under the WTO.  He stated clearly that, in Canada's view, the quantitative measures in place were inconsistent with Article XVIII:B of the GATT.

 

59.       The representative of the United States aligned himself with the views taken on Article XV:2 noting that the conclusions in the January consultations had specifically indicated that the Committee took note of the IMF statement that India's current monetary reserves were not inadequate and that there was no threat of serious decline in India's monetary reserves.   The Committee thus placed quite a high value on the IMF's views on these matters.  It was clear to many  that there was no longer a balance-of-payments problem justifying further invocation of Article XVIII:B, nor did he recall the Indian delegation denying this.  Nothing in the Understanding, in particular paragraph 13, changed the rights and obligations of Members with respect to Article XVIII, which, in paragraph 11 states that measures be eliminated when conditions no longer justify their maintenance.  Under the circumstances, he added that all rights were reserved, and agreed with the Chairman's proposal that the consultations be concluded on the basis of a report reflecting the different views of Members.

 

60.       The representative of the Republic of Korea expressed great disappointment to see that no agreement had been reached, and asked which, if any, phase-out plan would be implemented.

 

61.       The representative of Japan explained that, in spite of maximum flexibility, he could not accept the Indian proposal.  A phasing-out period of seven years could not be seen as short.

 

62.       The representative of Australia associated his delegation with the comments made by the European Union, the United States, Canada and Japan.

 

63.       The representative of Brazil addressed the question of disinvocation of Article XVIII.  He understood that the approval of a phase-out plan recognizes that a Member faced a serious balance-of-payments situation and underlines that the country cannot immediately do away with all restrictions without serious implications to its balance of payments.  Brazil subscribed fully to the view that GATT 1994 provisions or the Understanding do not require Members to disinvoke Article XVIII:B.  With regard to Article XV:2 of GATT 1994, he recognized that the IMF played an important role in the consultations, but a balance-of-payments situation dealt in various shades of grey, in which a single statistic or opinion should not be decisive.  The Committee's purpose was, in his opinion, to evaluate all circumstances pertaining to the balance-of-payments situation, many of which clearly went beyond the parameters set out in Article XV:2 concerning the IMF's role in the consultations.

 

64.       The representative of Switzerland also associated himself with the comments by the Communities, the United States, Canada and Australia concerning the substance and interpretation of Articles XV:2 and XVIII:B.

 

65.       The representative of New Zealand also associated his delegation with the views expressed by the European Union, the United States, Australia, Japan and others who did not believe that India's balance-of-payments restrictions were justified by Article XVIII:B.

 

66.       The representative of Peru stated for the record that his Government agreed with Brazil on the question of disinvocation and the other points made by Brazil.

 

67.       The representative of  Pakistan regretted that the problems of a developing country like India had not been assessed in the right perspective and, like Peru, joined Brazil in the views expressed.

 

68.       In response to the question regarding the current status of the phase-out plan, the representative of India said that he would consult with his Government and inform the General Council  of the decision.  He reserved his Government's position.

 

69.       The Chairman, noting that the Secretariat would produce a record of views expressed, as he had already proposed, closed the meeting.

 


                                                                    ANNEX I

 

                   Statement by the Representative of India at the Meeting of 10-11 June

 

 

            Mr. Chairman, distinguished Members of the Committee, distinguished representative of the IMF, and friends from the Secretariat, I am indeed very happy to be here for this important meeting of the Balance of Payments Committee for making these opening remarks on behalf of the Government of India.

 

            In the last meeting of the Committee on 20 January 1997, it was decided to resume consultations in June 1997.  For the resumed consultations, India was invited to present a plan to eliminate the measures notified under Article XVIII:B, and to conclude the consultations consistently with all relevant WTO balance of payments provisions.  In drawing up its plan, India was to give due consideration to the interests of WTO Members in a balanced manner.

 

            India has presented, Mr. Chairman, well on time, a phase‑out plan which has been circulated among all Members.  The phase‑out plan presented by us for elimination of measures notified under Article XVIII:B is comprehensive, and expresses our commitment to remove all quantitative restrictions progressively.  Perhaps, the phase‑out plan is very detailed, but this reflects our objective to be direct, fully transparent and unambiguous.  I will also like to go on record that,  before drawing up this plan, we gave due consideration to the interests of WTO Members in a balanced manner.

 

            As a backgrounder, let me inform that among the significant developments on the policy front since we met last on 20 January 1997 is the Union Budget, which was presented on 28 February 1997, and was immediately acclaimed by the financial community as a "landmark" budget.  The Budget announced that the process of fiscal consolidation, which had been under way in 1996‑97, will continue in 1997‑98.  It also announced an end to the automatic monetisation of deficit through the system of ad hoc treasury bills.  Budget 1997‑98, yet again, demonstrated the Government’s abiding commitment to measures aimed at achievement and maintenance of macroeconomic stability.

 

            In a bold and determined bid, the Budget lowered rates of direct tax across‑the‑board on personal income, bringing the peak rate down from 40 per cent to 30 per cent.  This is expected to  significantly enhance disposable incomes.  Dividends from domestic companies, with tax deducted at source, were fully exempted from personal income tax.  The effective rate of corporate tax on Indian companies was slashed from 43 per cent to 35 per cent ‑‑ a move that is expected to give a fillip to the supply side of the economy.

 

            Mr. Chairman, let me touch upon the policy aspects regarding trade liberalisation.   This year, the Budget contained significant measures for external liberalisation of the economy.  The rate of customs duty on capital goods was brought down from 25 per cent to 20 per cent, and those on  many items reduced significantly.  I hope our trading partners will view these duty reductions with considerable satisfaction. 

 

            Since we met last in January, we have continued with our policy of progressive withdrawal of quantitative restrictions.  In fact, since February 1997, we have removed quantitative restrictions on  400 tariff lines in just four months.  I would like to add that even before the January  1997 meeting, we had removed during 1996 quantitative restrictions  on around  200 tariff lines.  This action on our part is ample proof, if required, of our commitment to progressively withdraw quantitative restrictions.  Thus, even before we formally presented the  phase‑out plan,   we had eliminated, autonomously,  in the last one year, quantitative restrictions in respect of around 600 items.  This does not include the intermediate liberalisation effected through the special import liberalisation route.

 

            The phase‑out plan now presented is based on the confidence that if we calibrate the withdrawal of quantitative restrictions carefully, it should be possible to manage our balance of payments position without having to take recourse to  intensification of restrictive  measures during the phase‑out period.  The need for caution arises because of the  difficult external trade environment.  Trade liberalisation measures undertaken since 1991‑92 have resulted  in a surge in imports by nearly 100 per cent during the last five years; in the same period, exports have gone up by only 86 per cent.    Our trade deficit has been widening every year, and is  large as a proportion of our total export turnover.  The trade deficit has further widened during the current financial year starting April 1997.  The trade deficit was over  half a billion US dollars on an export turnover of just US$2.5 billion in April 1997.   The difficult external trade scenario is due to many factors, including a deceleration in the growth of world trade and market access difficulties.  However, this is not the occasion to elaborate on this aspect. 

            The components of the balance of payments indicate a degree of fragility, and point to the need for close monitoring.  The major reason for this fragility,  as pointed out earlier, is the export situation; export growth has decelerated sharply during the last one year.  After a sustained growth of 18‑20 per cent  in each of the previous three years, in US. dollar terms, the growth declined to 4 per cent in 1996‑97.  When we consider on a month‑over‑same‑month‑a‑year‑ago basis, the picture is even more worrisome: after 0.2 per cent growth in February 1997, exports actually declined by 8.5 per cent in March 1997, and by over 10 per cent in April 1997.  Unfortunately, the factors which have caused the export decline, including the deceleration in world trade growth may continue to constrain our exports in the near future as well.  The market access constraints  appear to continue, if not worsen.  Second, the recent improvements in the overall balance of payments are principally due to  inward remittances from Indians residing overseas,   NRI deposits  and portfolio investment.   As the history of the last ten years demonstrates, these are not secure sources of balance of payments financing.    Third, there has been a rapid reduction in customs tariffs on a large number of items in the last six years of reform.  The weighted average tariff rate, according to World Bank calculations, has come down from 87 per cent in 1990‑91 to 20.3 per cent after the recent Budget. This reduction in customs duty, combined with the removal of quantitative restrictions on more than 75 per cent of the tariff lines, have imparted an upward thrust to imports, which is manifest in the import growth of the last few years.  Thus, in April 1997, the latest month for which trade data are available, relative to the same month a year ago, exports declined by over 10 per cent while non‑petroleum imports grew by over 6 per cent.  Fourth, our self‑reliance index for petroleum, which measures the proportion of our petroleum requirements that is met through domestic production of crude, has declined from 55 per cent in 1991‑92 to 40 per cent in 1996‑97.  The increased dependence on imported crude coupled with increasing international price of oil resulted in a burgeoning oil import bill in the last few years.  Import of petroleum and petroleum products for 9 consecutive months ending December 1996 grew by over 41 per cent on average.   Last  but not the least,  let us not forget that despite  the recent improvements in our debt profile, we continue to be a moderately indebted country by the World Bank's classification.

 

            Recent indicators of economic performance have fallen somewhat short of our expectations.  We ended the year 1996‑97 with an estimated GDP growth of  a little above 6 per cent, and an average annual inflation rate of below 7 per cent.   Although agriculture rebounded from its low of 1995‑96, there are signs of a slowdown in the industrial sector in 1996‑97.  In the first ten months (i.e. April‑January) of the financial year 1996‑97,  the index of industrial production grew by only 7.6 per cent over the same period a year ago.  In the first ten months of  the previous year , i.e., 1995‑96, the corresponding growth rate was 11.7 per cent. 

 

            I would like to also add that the current foreign exchange reserves position should be viewed in the context of future development needs.  It has been estimated that India requires $ 115 billion to $130 billion to meet infrastructure development costs until  2000‑2001, and another $215 billion during the next five years, in order to achieve  reasonable rates of growth envisaged by us to sustain the reform process.  This implies a large increase in imports and current account deficit in years to come.  It may be mentioned here that Article XVIII:B is closely related to development needs as it provides for the maintenance of quantitative restrictions for balance of payments purposes “in a manner which takes full account of the continued high level of imports likely to be generated by their programmes of economic development”.

 

            The phase‑out plan that we have presented to this Committee balances the twin considerations of progressive removal of quantitative restrictions on imports, and avoidance of undue risks to the balance of payments within our overall programme for economic development.  On the first aspect, we have consistently maintained that we are committed to remove the remaining quantitative restrictions on imports and the phase‑out plan presented is the confirmation of our commitment.  While I have already pointed out why the balance of payments situation needs careful monitoring, allow me to explain the latter consideration.  The balance of payments crisis of 1990‑91, as well as the reserve loss of US$3 billion in 1995‑96, are still fresh in public memory.    We do not want to risk any precipitate decline in our reserves triggering a balance of payments crisis.   The Indian reform process has been based on the solid foundation of popular consensus and any intensification of balance of payments crisis will be a setback to this reform process and trade liberalisation.

 

            India's proposal for a phase‑out period of nine years should be viewed in the context of  flexibility given to developing countries for maintaining quantitative restrictions under Article XVIII:B and the sensitivity and significance of agriculture and textiles sectors.  It is a known fact that over 180 million of India's labour force depend on agriculture for their livelihood with low average earnings.  Likewise, about 40 million people are employed in the textiles sector which is also mostly in the unorganised sector.  Import flows unless carefully monitored and calibrated could affect the domestic agricultural price structure and food security of the country apart from causing unemployment and balance of payments problems.

 

            As I had mentioned earlier, the phase‑out plan presented by us is comprehensive as it covers all sectors of industry including textiles, and agriculture.  It is well known that we have historically bound some of our agricultural tariffs at very low rates and that we did not, at the time of Uruguay Round negotiations, increase these bindings.  We have initiated necessary action for increasing the bindings of those agricultural items which are bound at very low levels.  In the last stage of our phase‑out plan, we have included even those agricultural products which are bound at very low levels.  This is an act of faith.  Members would appreciate that it would not be possible for India to remove quantitative restrictions on such items before increasing the bindings to  acceptable levels.  As we had indicated in our communication forwarding the documentation for current consultations, we have included these products in the phase‑out plan subject to a satisfactory conclusion of Article XXVIII negotiations at an early date.

 

            Mr. Chairman, I trust the Members of the Committee would appreciate that by presenting a phase‑out plan, India has undertaken a momentous step forward for progressive elimination of all quantitative restrictions over a reasonable period of time.  It would be seen that our phase‑out plan is comprehensive, balanced and not back‑loaded.  I would also like to mention in this context that within the three year period in each phase there will be liberalisation every year.  It is no secret that we had presented this phase‑out plan after considerable amount of internal debate within the various systems in our country;  hence,  we are confident of building up the necessary consensus for the phase‑out plan that you have before you.  As Members are aware, India has been consistently on the path of reforms and liberalisation since 1991, and the phase‑out plan presented to the Committee today represents another major milestone in India's liberalisation programme.  We do recognise that some of our trading partners might feel that the period of phase‑out programme, from their perspective, is a little long.  However, I am sure that even these trading partners would appreciate the need to ensure that the general perception in India about the liberalisation programmes becomes increasingly positive.  This objective can be helped by adopting a gradual process of removal of quantitative restrictions and avoiding precipitate action involving avoidable risks.   Furthermore, we have been attracting foreign investment on the basis of our policy  reforms, and a healthy balance of payments situation is critical to the continued confidence of international investors in our country. 

 

            Mr. Chairman, before concluding, I would like to emphasise that India has complied with its obligations under Article XVIII:B and fulfilled the expectations of the Committee.  The phase out plan is comprehensive, complete and transparent. 

 

            As Members are fully aware, India reposes strong faith in the multilateral trading system which the WTO represents.  Members would recall that on a number of occasions the Indian delegation has stressed the importance of the multilateral trading system providing a supportive environment to developing countries undertaking liberalisation measures.  The Committee has an opportunity today to demonstrate to the outside world that it is capable of being sensitive to the concerns of countries like India and that it also has the resilience to find equitable solutions to problems.  We look forward to a constructive dialogue and the successful conclusion of these consultations. 

 

            Thank you.


                                                                   ANNEX II

 

      Statement made by the Representative of India at the Meeting of 30 June-1 July 1997

 

 

Mr. Chairman,

 

            You would recall that, when you adjourned the meeting of the Committee in the afternoon of the 11th June 1997, you had proposed  a period of reflection and had suggested that we should pick up today where we left off on the 11th.   Mr. Chairman, in the light of your advice, we have carried out, at all levels, a  re‑evaluation of our position.  We have, extensively re‑examined  the list of items under quantitative restrictions for balance of payments purposes. Subsequently, we have also held several meetings with our trading partners and explained the rationale and justification for the phase‑out period sought by us.  We feel  that our trading partners have shown understanding of the Indian position. 

 

            Mr. Chairman, we had presented on 19th May a plan, for the elimination of quantitative restrictions maintained under the provisions of Article XVIII:B, spanning nine years in three phases of three years each. During the deliberations of the Committee on June 10th and 11th 1997, you will recall that all the Members had appreciated India’s commitment to  eliminate quantitative restrictions over a period of time.  Members had also voiced their appreciation of the comprehensiveness of the plan as well as its transparency.  However, some Members had expressed some concern about the length of the time period over which residual restrictions would be eliminated.  Taking into account the views expressed by some of our trading partners and the requests made by them, I am pleased to say that we have decided to considerably modify the schedule.   Effectively, most of the items now under quantitative restrictions for Balance of Payments purposes will be eliminated in two phases, each of three years.  The duration of the third phase will be reduced to just one year and only a very small number of items of high sensitivity and those items which are bound at zero or low rates will be retained for elimination in the truncated third phase.  I am sure that all our trading partners would appreciate the sincere effort we have made to take on board their suggestions and present a plan covering a shorter time period.  While preparing this plan for the elimination of quantitative  restrictions, we have given due consideration to the interests of  WTO Members in a balanced manner.

 

            I am sure that, with these significant changes, the Committee will appreciate the enormity of efforts put in by India and bring to conclusion this consultation.  I would particularly urge our trading partners to appreciate the several important considerations which had weighed with us while preparing the plan.   Repeatedly in the past, I have drawn attention to the fact that balance of payments problems are unpredictable, and that balance of payments have inbuilt pressures arising out of development needs of countries like India, pressures that GATT negotiators had the foresight to predict and recognize.  We consider  that advance liberalisation schedules, or even “standard” time frames for removal of quantitative restrictions may be meaningless for countries in this process of development. 

 

            I would like to again emphasise that in keeping with the provisions of Article XVIII:B, India has been removing BOP related quantitative restrictions gradually.  I have already expressed before this Committee our commitment to removal of quantitative restrictions imposed for balance of payments purposes as quickly as possible in tandem with the improvement of our reserves position and development needs.  We have tangibly demonstrated our commitment by removing quantitative restrictions on a large number of HS lines since 1991.  It is also well known that  we have removed quantitative restrictions on 400 tariff lines since January 1997. 

 

            In a large country like India, with a huge consumer market, we have to approach the task of phasing out quantitative restrictions in a measured, cautious manner.  There is apprehension  that hasty  removal of quantitative restrictions could lead to another balance of payments crisis with severe problems in the future.  It is feared that inflow of imported goods, unless calibrated, may adversely impact on domestic production capacity due to the instability in the terms of trade and due to the inability of production in India to compete with capital‑intensive large scale production overseas which have attendant advantages of economies of scale. It is a well known fact that a substantial portion of our production and a sizeable number of jobs in the industrial sector are accounted for by small scale  units.  The predominance of small and marginal holdings in agriculture, with very small marketable surpluses, make the vast majority of Indian farmers and the huge mass of agricultural labourers vulnerable to even small shifts in the market situation.  This may lead to widespread unemployment, fall in incomes, reduced production and greater imports leading  to  balance of payments crises in the short and medium term.

 

            I would like to recall at this point of time that there was clear recognition on the part of GATT negotiators of the strong interface between the import regime and economic development in the case of developing countries.  In my view, paragraphs 2, 8, 9 and 11 of Article XVIII clearly bring out the fact that the development needs of a developing country have to be taken fully into account while assessing the adequacy or otherwise of foreign exchange reserves.  The strength of the balance of payments position of a developing country cannot be related to the total value of imports during the past two or three years alone.  Nor would it be correct to project the growth of foreign exchange reserves on the basis of recent trends.  The Committee must take into account the enormous resources required to build the infrastructure for future rapid economic growth.   Any assessment that does not take into account this important element of the growth process is obviously inadequate. 

 

            During our discussions, we have been told by some Members that macro‑economic instruments and  price‑based measures can be used to stabilise the balance of payments and that, for some of the highly sensitive products, protective tariffs can replace quantitative restrictions to avert balance‑of‑payments‑related problems.  We have also been told that if balance of payments difficulties arise in future, we can reimpose Article XVIII:B  measures.  Our trading partners would surely  prefer a stable economic regime in India, not one that has to resort to further restrictions and certainly not one that swings from one crisis to another.  Members are aware that price‑based measures are not the panacea for all ills that beset balance of payments in developing countries.  Price‑based measures can have a delayed impact and inflationary effects, and may not permit the efficient allocation of scarce resources in a country like India where  income distribution is skewed.  Further, macro‑economic instruments may  not help in economies which are dependent on exports of primary commodities because demand may be inelastic for such products.  The demand for imports in developing countries like India is also typically inelastic as the import basket is heavy with basic inputs for industry and essential consumer goods.  

 

            Many trading partners have also referred to the possibility of employing other defence mechanisms in place of quantitative restrictions on balance of payments considerations.  Our laws will need to be amended and institutions will have to be created to put such protective measures in place.   I may also point out that, even now a number of barriers exist in various forms to deny access to products of developing countries.  On several occasions in the past, in this same body, concerns have been voiced against such denial of access.  While we open our markets, we would also request our friends in the developed world, who are better positioned economically, to ensure improved access to their markets for the products of developing countries.

 

            Mr. Chairman, it is not my intention to elaborate the points I had already made in my statement on 10th June, since this is really a continuation of that meeting. I would request you to recall that, at the January 1997 meeting of the Committee, we had been invited to present a plan, to eliminate quantitative restrictions maintained on imports for safeguarding our balance of payments, giving due consideration to the interests of WTO Members in a balanced manner.  In May 1997, we presented a set of documents, which were recognised by all delegations as complete, comprehensive and transparent.  The documents included a plan for phasing out balance‑of‑payments‑related quantitative restrictions over nine years.  Our trading partners then requested us to curtail the period under this plan as best we can.  We have now curtailed the time period to seven years; the period is effectively six years, as only a very limited number of items are included in the final year.  We have, therefore, fulfilled our commitments by showing as much flexibility as we possibly could.  We would now request our trading partners to make positive contribution towards successful conclusion of these consultations, just as we have done.

 

            Thank you, Mr. Chairman    

 


                                                                   ANNEX III

 

                                    Closing Statement by the Representative of India

 

 

Mr Chairman,

 

            It is with deep regret that I wish to make these remarks on behalf of my delegation at this meeting. India has consulted regularly with this Committee on its measures maintained under the provisions of Article XVIII:B of GATT 1994, and has always participated constructively in the discussions in this Committee, in order for all of us, as Members of this multilateral trading organisation, to arrive at consensus recommendations.

 

            Mr Chairman, the World Trade Organisation, like its predecessor the GATT, was founded to promote the objectives of trade liberalisation keeping in mind the diversity of its membership. We cannot wish away the fact that because of historical reasons, some of us are at lower stages of economic development than others. It has been the objective of the founders of GATT to enable the less developed Members to participate more effectively in the functioning of the multilateral trading system.

 

            To this end, more than thirty years ago, we jointly decided that we should demonstrate a new and more positive approach to economic development, since economic development is integral to the objectives of GATT. We decided to enable developing countries to take measures, which would be related to their requirements of economic development, and which would contribute in a positive manner to the growth of their economies as a whole. We decided to provide the means to resolve transitional problems which may arise from the implementation of the programmes of economic development of developing countries, and formulated specific provisions to take care of balance of payments difficulties which are generated by the demands of development itself. We recognised that the problem of adequate reserves is the adequacy of reserves in relation to the programmes of economic development of developing countries. We recognised  that these reserves should have to be adequate to enable such developing countries over a period of time to control the general level of imports . We also recognised that developing countries needed to maintain  the level of these reserves not only to meet current import requirements, but also  to pay for imports as the progress of development programmes creates new demands. This common vision that we all agreed to, and formulated, is contained in the provisions of Article XVIII:B.

 

            Ever since our current consultations began in December 1995, we have been aware that, consciously or unconsciously, some of our major trading partners have tended to lose sight of these provisions. Instead of providing a supportive approach to our liberalisation efforts, which have benefitted not only India, but also our trading partners, and strengthened the multilateral trading system,  we have been subjected to the application of a different set of standards, reminiscent of the provisions of other Articles of GATT, but not of Article XVIII:B.

 

            We have been called upon to acknowledge that we no longer have a balance of payments problem. However, Article XVIII:B does not deal with balance of payments problems in the narrow perspective of trade policy alone.In our view , technical  advice to this Committee should be  limited to the findings of statistical and other facts specifically mentioned in Article XV.2 of GATT. The views and opinions of technical experts on matters related to our domestic programmes of economic development cannot however be binding on this Committee. Governments of developing countries must be the best judges of the level of reserves they need to assist the programmes of economic development. Article XVIII,  as its very title demonstrates, deals with governmental assistance to economic development. How can we in this context,  Mr Chairman, acknowledge that we possess adequate reserves to safely project that all our developmental needs and objectives will be met by the level of reserves we currently have, constituting barely 6 months of import cover, that too reckoned on the basis of the level of imports during the past two to three years?

 

             We need reserves not only for our trade, but also for our economic development programmes. While we have no doubt made great progress in our economic programmes, we still have to confront the fact that over 400 million Indians are still in need of the basic necessities of life, that our infrastructure is woefully in need of funds for development , that a significant portion of our reserves is of a volatile nature, which we cannot count on as a permanent source of funds for purposes of economic development.  We therefore cannot agree with the assessment of some of our trading partners with regard to our reserves.

 

            However, I will not go into such details today, especially since our statements made at all the three meetings of these consultations substantiate my point amply. I would only reiterate that we have fulfilled our obligations under  Article XVIII:B.

 

             Mr Chairman, I would like to mention one issue which has important legal implications, and which has been raised during this meeting. We all belong to an organisation in which commitments, once given, are adhered to. Otherwise, the credibility of the rules‑based system which is the foundation stone of the WTO would be seriously undermined, and there would be no predictability in the multilateral trading system. India has consistently met all its obligations made to this Committee, and we would like to emphasise this point. We have never agreed with the interpretation being given by some of our trading partners that we are in violation of our obligations under Article XVIII:B. In fact, the obligation we undertook in January this year to present a phase out plan was based on the provisions of the 1994 Understanding on Balance of Payments Provisions. A view has been expressed in this consultation that the Understanding relates only to those  Members who are facing balance of payments problems, and still wish to phase out their import restrictive  measures. In my view, Mr Chairman, this is totally  untenable.

           

            The chapeau of the Understanding clearly sets out the object and I quote: “ Members, recognising the provisions of Articles XII and XVIII:B of GATT 1994 and of the Declaration of Trade Measures taken for Balance of Payments Purposes, adopted on 28 November 1979, and in order to clarify such provisions, hereby agree as follows.” An interpretation of the Understanding that it is confined only to situations in which a Member has a balance of payments problem and still prefers to announce a phase out schedule is clearly inconceivable. Such an interpretation would make the Understanding redundant and superfluous. It is very difficult to imagine that negotiators would have sat together and worked out an elaborate Understanding just to cover cases in which Members announce phase out schedules even when they have balance of payments problems. It is therefore unfair to deny the protection given to all Members by paragraph 13 of the Understanding.

             

            We are therefore surprised that the phase out plan, presented by us in the light of the provisions of Article XVIII:B and the 1994 Understanding,  and on which there has been so much divergence of opinion in the Committee, should have been used to project the view that India no longer fulfils the conditions  of Article XVIII:B.  The phase out plan is very much part of the provisions of the WTO’s Balance of Payments provisions, and we cannot agree with those who would question its legal basis. In our view, the Committee could  only discuss the phase out plan if it is presented  under the balance of payments provisions of the WTO. Otherwise, the Committee would not have the competence to have any discussions on a non‑balance of payments related issue.

 

            Mr Chairman, before I close I would like to repeat what we had stated in our opening statement. We had complied with the invitation of the Committee to present a plan for elimination of quantitative restrictions maintained for balance of payments purposes, giving due consideration to the interests of WTO Members in a balanced manner. We have shown flexibility by curtailing the phase out period from 9 years to 7 years. We have shown further flexibility by making the phase out plan effectively a 6 year plan by including only a limited number of items in the seventh year. It is a matter of deep regret for us that some of the developed country delegations have not been, in our judgement, able to respond to our efforts towards agreed conclusions in a positive manner.

 

            In conclusion, Mr Chairman, I would like to request that the report of this meeting contain  the different views on this issue by the Members of this Committee, as stipulated in paragraph 13 of the 1994 Understanding, in the absence of any agreed conclusions. This, in our view, would be the most equitable and transparent  manner of dealing with this unfortunate situation.

 


                                                                   ANNEX IV

 

                    Statement by the Representative of the International Monetary Fund

 

 

1.         The Fund’s overall assessment of Indian economic performance remains broadly as it was at the last meeting of the Committee on Balance of Payments Restrictions with India in January 1997. Recent political developments are not expected to affect the main thrust of economic policies, which will continue to be directed towards consolidating the gains from more than five years of reform designed to move the economy on to a sustained high growth path. In this connection, the main policy challenges remain to bring down the still high fiscal deficit and to push through further structural reform. In addition, while the overall performance of the economy continues to be quite favourable, there remains some uncertainty about the short‑term outlook that will place a premium on careful macroeconomic management during the coming months.

 

2.         Real GDP growth was 6¾ per cent in 1996/97 (the fiscal year is April 1‑March 31). The impact of a slowdown in investment and industrial production linked to high real interest rates and infrastructure constraints (especially power shortages and port bottlenecks) was compensated by an increase in agricultural output following a good monsoon. The authorities anticipate that in 1997/98 investment and industrial production will be given a boost by the budget tax cuts and the easing of credit conditions late in 1996/97. However, if infrastructure constraints tighten further, the cost of long‑term borrowing remains high, or heightened political uncertainty persists, growth in 1997/98 could fall below the expected 7 per cent.

 

3.         There was a pickup in inflation during 1996/97, fuelled by an increase in administered petroleum prices and rising grain prices. Wholesale price inflation—the principal price indicator used by the authorities—ended 1996/97 at about 7½ per cent, slightly above the 6‑7 per cent target. Inflation has since fallen to 6½ per cent, and the aim is to bring it down to close to 6 per cent by the end of 1997/98.

 

4.         With the fiscal deficit still high, monetary policy continues to carry the main burden of stabilization. In response to concern about weakening industrial demand, monetary conditions were progressively eased during 1996/97—through a phased 4 percentage point cut in the cash reserve ratio that was only partly offset by a welcome consolidation of various rediscount facilities. Nevertheless, growth in bank credit to the private sector remained weak—in part reflecting the impact of tighter prudential regulations on  banks’ willingness to lend—and broad money growth stayed within the authorities’ 15½ ‑ 16 per cent target range during most of the year. Reflecting the injection of liquidity, short‑term interest rates fell from 13 per cent to 8 per cent, long‑term rates declined only slightly and the yield curve steepened significantly.

 

5.         The recent semi‑annual monetary policy statement by the Reserve Bank of India announced a target for broad money growth of 15 ‑ 15 ½ per cent for 1997/98, broadly consistent with 7 per cent real GDP growth and 6 per cent inflation. Steps were also taken to liberalize restrictions on bank lending to the private sector, to lower the ceiling on bank deposit rates, and to foster development of the money, foreign exchange, and government  securities markets. Banks and non‑bank financial companies subsequently announced reductions in prime lending rates, and interest rates on government securities also declined. It will be important, however, to ensure a monetary policy stance consistent with achieving the inflation goal, and a rise in short‑term interest rates may well be warranted in the period ahead to keep the monetary program on track.

 

6.         The central government deficit is estimated to have come down from 5½ per cent of GDP in 1995/96 to 5 per cent of GDP in 1996/97, in line with the budget target. A substantial shortfall in divestment receipts and increased defense spending were offset by  budgetary savings from funds provided to cover the cost of the Fifth Pay Commission award (which was postponed until 1997/98) and from cuts in plan spending. However, the overall public sector deficit (which covers the central government, the oil pool account, state governments, and central public enterprises) remained around 9 per cent of GDP as the reduction in the central government deficit was more than outweighed by a sharp increase in the oil pool deficit, a consequence of a sharp increase in oil imports and a rise in international oil prices that was not passed through to domestic petroleum prices.

 

7.         The 1997/98 budget aims to lower the central government deficit to 4½ per cent of GDP. The budget provides for sharp cuts in income tax rates as well as reductions in customs duties. The sizable revenue loss from tax cuts is assumed by the authorities to be compensated mainly by improved tax compliance. On the expenditure side, provision is made to implement the Fifth Pay Commission award and a new targeted public distribution system, while grants to states are lowered. The budget also announced the replacement of automatic RBI financing of the deficit by a system of limited ways and means advances, which should impose greater discipline on government finances and enhance the autonomy of the Reserve Bank of India. The principal risk entailed by the budget is that, with only limited steps taken to broaden the tax base, there could be a significant revenue shortfall if tax compliance does not improve as expected. It is therefore important that contingency measures be identified which could be implemented should emerging revenue trends be weaker than projected.

 

8.         The government aims to reduce the central government deficit to 3 per cent of GDP by the turn of the century. Achieving this objective will require fundamental reforms to broaden the tax base, to reprioritize government expenditure, and to push ahead with civil service reform. Fiscal adjustment also has to extend beyond the central government level. Petroleum price increases to eliminate the oil pool deficit and to pave the way for more general petroleum price liberalization are a priority.  State governments must also contribute to the fiscal consolidation process. There are signs that a few states are beginning to strengthen their finances through improved cost recovery, curtailing unproductive spending and state‑level tax reform. The central government could bolster these efforts by linking central transfers more closely to strong fiscal performance and by giving states greater discretion to raise financing from the market. As regards public enterprises, privatization would not only benefit the budget but would also yield significant efficiency gains. The recent proposals by the Disinvestment Commission for sales of majority shares in a number of enterprises are thus  welcome. Increasing enterprise autonomy and strengthening management will also be important.

 

9.         India’s balance of payments recorded a sizable surplus in 1996/97 while the current account deficit remained around 1½ per cent of GDP. A sharp slowdown in export growth reflected weakening demand in partner countries, sector specific developments that temporarily dampened exports of gems and jewellery, leather, and aquaculture products, and the diminishing impact of trade reform earlier in the 1990s. However, import growth also slowed significantly despite higher oil imports. Meanwhile, there were strong inflows of private capital, both portfolio investment and direct foreign investment. Gross official reserves increased by more than $5 billion to nearly $22½ billion (six months of imports) in March 1997.

 

10.       For 1997/98, the balance of payments is expected to register another sizable surplus.  Exports are likely to rebound only moderately while imports should increase as investment picks up. The current account deficit is projected to widen to about 2¼ per cent of GDP. Strong private capital inflows are likely to continue, with a number of international equity issues in the pipeline and further liberalization of portfolio flows. External commercial borrowing limits have also been raised and borrowing norms eased. Gross official reserves are expected to increase by a further $5 billion to over $27 billion (six and a half months of imports). The current level of the exchange rate would appear to be broadly consistent with current and capital account trends. However, a flexible approach to exchange rate management should be maintained, especially in view of the potential for an even stronger‑than‑projected out‑turn for capital inflows.

 

11.       Over the medium term, the current account deficit is likely to continue to widen as infrastructure investment accelerates, even if export growth responds positively to trade liberalization measures. Further capital account liberalization—as part of a phased transition to full convertibility—should encourage private capital inflows, and the emphasis should be placed on promoting further portfolio investment and foreign direct investment. With continued prudent macroeconomic policies—and especially significant fiscal adjustment—a current account deficit rising to 3‑4 per cent of GDP would be consistent with the authorities’ target of maintaining a debt service ratio below 20 per cent.

 

12        The government has taken a number of structural reform initiatives in recent months in  addition to the tax rate reductions in the 1997/98 budget and the market reforms announced in the recent monetary policy statement. There have been steps to liberalize foreign investment regulations, the financial sector, and the industrial policy regime, mainly with a view to revitalizing a weak capital market and to boosting business confidence and investment. While the pressing need is for a bold second wave of structural reform in areas where progress has so far lagged—agriculture, public enterprises, and labour markets—a more incremental approach is likely under current political circumstances. The priorities from a macroeconomic perspective should include: further trade liberalization; financial sector reforms that would reduce credit costs and bolster the soundness of the banking system; a phased approach to capital account liberalization which would link the removal of capital controls to progress with strengthening domestic financial institutions, fiscal consolidation and trade liberalization; and putting in place an effective exit policy for both public and private firms to promote efficient resource deployment.

 

13.       Some further progress has also been made with trade liberalization in recent months. With the lowering of import duties in the 1997/98 budget, the peak duty rate is now 40 per cent and the average (import‑weighted) duty rate is slightly above 20 per cent. However, the 2 per cent import surcharge is still in place, while duty rates still remain high by East Asian standards. Moreover, while the recent Export‑Import Policy for 1997‑2002 moved about one sixth of the remaining number of items off the restricted import list, quantitative restrictions (QRs) still cover a significant part of the consumer goods sector. A time‑bound program for eliminating the remaining QRs would reduce distortions to investment and promote an efficient, export‑oriented consumer goods industry. Complementary measures would include scaling back reservations of certain sectors for small‑scale industry and pushing ahead with agricultural reforms. It remains the Fund’s view that the external situation can be well managed using macroeconomic policy instruments alone; QRs are not needed for balance of payments adjustment and should be removed over a relatively short time period. The tariffs applied to previously restricted consumer good imports could initially be kept close to the top of the existing tariff structure, but should be gradually scaled back according to a pre‑set timetable.