The print media in India has this morning in bold headlines announced
a"breakthrough" in the context of the stalled Trade Facilitation Agreement
initiated by the WTO.
Just a small sample:
h<ttp://
www.livemint.com/Politics/v2gAFo8koulnFNRr5p943O/India-likely-to-announce-WTO-breakthrough.html>,
<
http://www.thehindu.com/news/national/us-resolve-impasse-over-food-security-issues-at-wto/article6594065.ece>,
<
http://www.thehindu.com/business/top-us-trade-groups-applaud-india-and-us-on-wto-agreement/article6597782.ece
>.

The *livemint* news report rather euphorically contends:
US support for the massive public food stockholding programme also signals
a political victory for Prime Minister Narendra Modi, who seems to have won
the deal without any major concessions--at least, not to public knowledge.
[So there is perhaps something which has been kept beyond "public
knowledge". A dark hint, and not pursued further. Never mind]
The *Hindu* appears to be far more objective:
***This proposal will seek to make open-ended the interim protection of a
'peace clause' that was agreed to at the Bali Ministerial last December.***
[Emphasis added.]

***What must be noted here is that a "permanent solution" is yet to be
arrived at.***
That may, or may not, have disturbing implications. One does not really
know what shape the "permanent solution" will eventually take, as and when
it is firmed up. That's a big uncertainty. In fact ***the TFA had been
stalled, by the NDA-led India, precisely on the ground that this
uncertainty be removed before we move ahead with the TFA***. Obviously, now
the self-same NDA government has abandoned that position. ***This is a
point nowhere highlighted***.
Of course, such give-and-takes are routine parts of a negotiation process.
But ***the dark hint, rather unintentionally let out by the *livemint*
report and the inherent uncertainty have to be kept well in mind.***


*The very core of the "breakthrough" deal appears to be:The bilateral
agreement makes clear that a mechanism under which WTO Members will not
challenge such food security programs under WTO dispute settlement
procedures will remain in place until a permanent solution regarding this
issue has been agreed and adopted.*

Reproduced below is the forwarding note, in full, to the mail (also
available at: <
https://groups.yahoo.com/neo/groups/india-unity/conversations/topics/54346>),
*WTO, Stalled TFA and India: Two Opposing Views and a Report*, posted on
the last August 3 (by this poster), followed by the communique released by
the U.S. Trade Representative Michael Froman, and an explanatory note made
available by the US.]

I/III.

It's just a canard that the stand of the Modi government this time in
Geneva, at the WTO negotiations, is a departure from that of the preceding
UPA II.

Even at Bali last December, Anand Sharma, the then Indian Commerce
Minister, fought long and hard to the very last, on the issue of subsidy
linked to food security, and steadfastly refused to give in. At the same
time, he also avoided being painted as the (sole) deal-breaker.
So eventually a compromise was arrived at (see.: <
https://mc9.wto.org/system/files/documents/w10_1.pdf
<https://www.google.com/url?q=https%3A%2F%2Fmc9.wto.org%2Fsystem%2Ffiles%2Fdocuments%2Fw10_1.pdf&sa=D&sntz=1&usg=AFQjCNH5Wfafd0_n4SkTRFhZFrC4Tu0KWQ>>).

(Many of the Indian NGOs present at the site were diligently working
towards and fervently hoping for the *collapse*. So they were quite bitter
about the final outcome. And, reacted likewise.)

"Negotiations on *agriculture, *(emphasis in original) more specifically on
food-stock holding*,* presented the main action in Bali. There were two
viewpoints on the price benchmark for the valuation of the volume of food
stocks countries can legally hold. India's position was to use current
prices, which would mean amending the agriculture agreement of the Uruguay
Round
<http://www.google.com/url?q=http%3A%2F%2Fwww.wto.org%2Fenglish%2Fthewto_e%2Fwhatis_e%2Ftif_e%2Ffact5_e.htm&sa=D&sntz=1&usg=AFQjCNHgxKQervU6yUTcmMhrV84GbBhlAQ>
and
would not be acceptable to other members. Alternatively, India proposed an
interim arrangement until a more permanent solution is found. Here,* the
United States proposed a 'sunset clause' of four years - a time-line that
India did not accept* (emphasis added). A final deal was struck to
have an interim
mechanism
<https://www.google.com/url?q=https%3A%2F%2Fmc9.wto.org%2Fsystem%2Ffiles%2Fdocuments%2Fw10_1.pdf&sa=D&sntz=1&usg=AFQjCNH5Wfafd0_n4SkTRFhZFrC4Tu0KWQ>
until
a permanent solution is found, *which means that more negotiation is still
required to find a permanent solution* (emphasis added)."
[Source: <
http://www.odi.org.uk/opinion/8056-wto-bali-declaration-least-development-countries-trade-facilitation-agriculture-doha-round
<http://www.google.com/url?q=http%3A%2F%2Fwww.odi.org.uk%2Fopinion%2F8056-wto-bali-declaration-least-development-countries-trade-facilitation-agriculture-doha-round&sa=D&sntz=1&usg=AFQjCNHP78qdS5MlA43jjDo46dbAbuTChw>
>.]

This time, Nirmala Sitharaman took off exactly from where Anand Sharma had
left off.

*The surprising, and frustrating for some, element is that she chose to do
so instead of noiselessly giving in (by effectively accepting the sunset
clause which had been rejected by Sharma)*.

To be sure, right at the moment, a tussle is going on; and the contending
parties are expected to bargain hard, as hard as possible. (The real
disconcerting element is that, at the moment, India is, apparently, having
too few backers - only Cuba, Venezuela and Bolivia, and none from the
BRICS.)
At the end of the day, they'll also have to have their own comparative
cost-benefit analyses of the available options.
Despite rhetorical flourishes and grave threatening postures, things do not
yet appear to have reached anywhere near the final breaking point.

II/III.
http://www.ustr.gov/about-us/press-office/press-releases/2014/November/Statement-by-Ambassador-Froman-on-US-India-WTO-Trade-Facilitation-Agreement
Statement by Ambassador Froman on U.S. - India WTO Trade Facilitation
Agreement

*Washington, D.C.* - U.S. Trade Representative Michael Froman released the
following statement welcoming an agreement between the United States and
India on elements aimed at unlocking progress at the World Trade
Organization (WTO).

The agreement announced today between the United States and India paves the
way for full implementation of the WTO's Trade Facilitation Agreement
(TFA), the first multilateral trade agreement to be concluded in the
history of the WTO.  The agreement also reflects shared understandings
regarding the WTO's work on food security.

*"A year ago at the WTO Ministerial Conference held in Bali, all WTO
Members, including the United States and India, celebrated the achievement
of the TFA and a broader package of measures addressing concerns of all WTO
Members.  ***Efforts to put the TFA in place were dealt a setback in July,
when a small group of countries, led by India, raised concerns about the
status of the WTO's work on food security issues and blocked consensus on
implementing the TFA*** *[emphasis added]*.  We have overcome that delay
and now have agreement with India to move forward with full
implementation."*

*"With the WTO confronting a mounting crisis of confidence, President Obama
and Prime Minister Modi held productive discussions on this issue,
including during the Prime Minister's visit to Washington in September.  In
recent days, officials of both governments worked intensively and reached
an agreement that should give new momentum to multilateral efforts at the
WTO.  In doing so, the United States and India reaffirm their joint
commitment to the success and credibility of the WTO.*

*"On the basis of this breakthrough with India, we now look forward to
working with all WTO Members and with Director-General Roberto Azevedo to
reach a consensus that enables full implementation of all elements of the
landmark Bali Package, including the Trade Facilitation Agreement."*
*"This has been a good week for trade and the growth and jobs it supports
here in the United States.  The U.S. worked with China to achieve a
breakthrough on the Information Technology Agreement, worked with India to
move forward with the implementation of the Trade Facilitation Agreement,
and worked with our TPP partners to bring the end of these landmark
negotiations clearly into sight.  Together, these will provide a major
boost to the global trading system at a critical time in the world's
economic recovery, a central focus of the upcoming G-20 Summit."*

III.

   - *U.S. and India Reach Understanding on Specific Food Security Programs*
   - Both countries have reached an understanding on implementation of a
   December 2013 WTO decision regarding specific food security programs
   maintained by some developing countries.  ***The bilateral agreement makes
   clear that a mechanism under which WTO Members will not challenge such food
   security programs under WTO dispute settlement procedures will remain in
   place until a permanent solution regarding this issue has been agreed and
   adopted*** [emphasis added].  It also sets out elements for an intensified
   program of work and negotiations to arrive at such a permanent solution.

The TFA and the decision regarding food security programs were among a
package of important trade agreements and other measures agreed at the
WTO's 9th Ministerial Conference, held in Bali, Indonesia in December
2013.  ***Conclusion of the "Bali Package" injected important confidence
and momentum into the work of the WTO.  That momentum was disrupted in July
2014, as a key deadline related to implementation of the TFA was missed due
to linkages being drawn to other elements of the Bali Package.  This
bilateral agreement represents an important step towards restoring the
momentum of Bali*** [emphasis added] and enabling a restoration of
confidence in the WTO's negotiating function.

As decision-making in the WTO is based on consensus among all Members, the
elements agreed between the United States and India will now be discussed
with the full WTO membership in the interest at arriving at final and
simultaneously-agreed decisions in the very near future.
[Source: <
http://www.ustr.gov/about-us/press-office/fact-sheets/2014/November/US-India-Agreement-on-Trade-Facilitation
>.]

-- 
Peace Is Doable

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