NATIONAL TRADE NEGOTIATING TRAINING PROJECT

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1 NATIONAL TRADE NEGOTIATING TRAINING PROJECT Organized by International Institute for Trade and Development (ITD) in cooperation with partners under the MOU: the United Nations Economic and Social Commission for Asia and the Pacific, Department of Trade Negotiations of the Ministry of Commerce, Thailand and with contribution from ARTNeT 1

2 NATIONAL TRADE NEGOTIATING TRAINING PROJECT Background Trade negotiations are meant to contribute to maximizing the trade and development prospects of developing countries and economies in transition, as they are presumed to drive the opening of markets and facilitate their integration into the globalizing and liberalizing world economy and the international trading system. Enhancing such integration is seen as instrumental in assisting countries to effectively implement the Millennium Declaration commitment "to an open, equitable, rule-based, predictable, and non-discriminatory multilateral trading and financial system" (MDG8). Looking towards a post-2015 development agenda and an adoption of sustainable development goals (SDGs) to replace MDGs, trade and investment are earmarked for an important role in sustainable development goals implementation. The Free Trade Agreements (FTAs) have become an effective mechanism to strengthen economic cooperation and integration among developing countries and expanding linkages with developed economies. With the number of FTAs involving Asia-Pacific developing countries amounting to over 150, they have become an important supplement to the multilateral trading system. FTAs are perceived as an effective tool to open up foreign markets and allow local entrepreneurs to seize beneficial opportunities through reduced tariffs, investment protection, and improved access to services markets. FTAs also may promote improvement of domestic regulatory frameworks including simplifying procedures for business establishment. These benefits depend on the quality of FTAs and in turn depend on negotiators skills, experience and strategy. Therefore, increasing attention has been given to preparedness for negotiations, sometimes even more than to strategizing trade policies. Negotiations, however, have to arise from a clear trade strategy and set of objectives to succeed with the FTA being negotiated, followed up by developing its content (areas to be covered) and the dynamics of negotiations 2

3 internally (with domestic stakeholders) as well as with negotiating partners. Domestic stakeholders must also clearly understand the impact that may arise from the implementation of the FTAs. It is very important to equip negotiators with relevant skills, information and tools. The lack of qualified personnel and institutional capacity to deal with the complexity of trade negotiations might give rise to a host of negative effects. An effective training course on trade negotiations is vital for successful negotiators. Such a programme must also focus on technical development in the negotiations, transfer of knowledge, good practices and experiences for negotiators, building expertise in the aspect of rules and disciplines, and negotiations on new issues (for example, environmental goods and services). Objectives 1. To offer an opportunity for personnel in Thailand and regional low income economies to share experiences, techniques and best practices with respect to trade negotiations. 2. To improve their knowledge and to diversify experiences in the field of negotiation, including trends of emerging issues. 3. To support the development of negotiating positions in regional and bilateral Free Trade Agreements. Venue The training courses will take place in Bangkok, Thailand. Training materials websites. Training material will be available through ITD, DTN, ARTNeT/ESCAP 3

4 Target participants The target participants are middle- to senior-level government officials from relevant Ministries (Commerce, Foreign Affairs, Finance, Agriculture and Cooperatives, Industry, Labour, Public Health, Natural Resources and Environment, etc.) responsible for the formulation of Trade strategy, WTO and FTAs negotiating strategy, trade in goods, trade in services and related-barriers (including customs valuation, trade facilitation, technical barriers to trade, and sanitary and phytosanitary barriers to trade, intellectual property, etc.) and/or with prior experience in the negotiation of such matters in the WTO or at bilateral or regional levels (e.g. ASEAN/AFAS/AIA, Preferential Trade and Investment Agreements featuring the above matters, APEC, etc.). Similar level government officials in a limited number from Lao PDR or other CLM countries of ASEAN and other LDCs countries (on a self-funding basis) are welcome to participate. Anticipated Outcomes Participants will obtain useful knowledge, understanding and skills of trade negotiations from experiences, techniques and best practices in order to support the development of negotiating positions, including analyzing legal texts, regulatory impact analysis and preparing negotiating briefs on emerging issues. This programme will provide participants with skills and knowledge concerning appropriate strategies and tactics for negotiations, as well as techniques of systematic decision analysis for monitoring and managing the negotiating process on the future negotiations with regional and bilateral agreements. 4

5 TRAINING WORKSHOP ON TRADE IN SERVICES NEGOTIATIONS Date: June 11-12, 2015 Venue: The Tawana Bangkok Hotel, Bangkok Day 1: Thursday June 11, hours Welcome remarks Dr. Kamalinne Pinitpuvadol, Executive Director, ITD; Director of Trade and Investment Division, ESCAP hours Introduction of the resource persons and participants hours Session 1: Features of services trade and service liberalization in the context of multilateral trading system (GATS) Dr. Mia Mikic (ESCAP) hours -- Networking break hours Session 2: Features of preferential liberalization in services trade (Economic Integration Agreements) Mr. Rajan Ratna (ESCAP) hours -- Lunch hours Session 3: Preparing for services liberalization negotiations Identifying negotiations issues, actors and desired outcomes 5

6 Dr. Mia Mikic and Dr. Witada Anukoonwattaka (ESCAP) hours -- Networking break hours Session 4: Preparing for services liberalization negotiations - Consulting with stakeholders and performing a regulatory audit Mr. Rajan Ratna (ESCAP) and representative from SCB hours Q & A Reception dinner Day 2: Friday June 12, hours Session 1: Negotiating rules and market access Mr. Rajan Ratna (ESCAP) hours -- Networking break hours Session 2: Preparing for conducting services negotiations Mr. Rajan Ratna (ESCAP) hours -- Lunch hours Session 3: Implementation, monitoring and enforcement 6

7 Dr. Mia Mikic (ESCAP) hours -- Networking break hours Session 4: View from the industry (telecom) Mr. Dhiraphol Suwanprateep, Baker& McKenzie, Thailand hours Certificate presentation ceremony 7

8 TRAINING WORK SHOP ON NEGOTIATING INTELLECTUAL PROPERTY RIGHTS IN FTAs Date: June 25-26, 2015 Venue: The Tawana Bangkok, Hotel, Bangkok Day 1: Thursday June 25, hours Welcome address Dr. Kamalinne Pinitpuvadol, ITD; Executive Director, Director of Trade and Investment Division, ESCAP hours Introduction of resource persons and participants hours Session 1: The context for understanding IPRs negotiating opportunities not obligations Ms. Say Sujintaya, Baker&McKenzie, Thailand hours The economics of IPRs innovation, competition and technology transfer Ms. Say Sujintaya, Baker&McKenzie, Thailand Mr. Teemu Alexander Puutio, ESCAP hours -- Networking break hours Session 2: Identifying the basic global frameworks of IPRs TRIPS, WIPO treaties, ASEAN cooperation on IPRs and beyond 8

9 Mr. Peter Fowler, USPTO hours -- Lunch hours Session 3: Global rules, national application the role of national legislation and enforcement and the impact of individual IPRs clauses on the parties to the treaty Mr. Peter Fowler, USPTO hours -- Networking break hours Session 4: Global rules, national application the role of national legislation and enforcement and the impact of individual IPRs clauses on the parties to the treaty Mr. Teemu Alexander Puutio, ESCAP hours Q & A Reception dinner Day 2: Friday June 26, hours Session 1: Preparing for conducting IPRs negotiations Mr. Rajan Ratna, ESCAP 9

10 hours Session 2: Stakeholder mapping involving the right public, private and civil society organizations representatives Mr. Teemu Alexander Puutio, ESCAP hours -- Networking break hours Session 3: Organizational and procedural issues who leads the negotiations, who gets to be heard, and who sets the agenda Mr. Rajan Ratna, ESCAP hours -- Lunch hours Session 4: Utilizing sources of knowledge, data, information and support utilizing WTO and WIPO databases and the role of entities such as ESCAP Mr. Teemu Alexander Puutio, ESCAP hours -- Networking break hours Session 5: Meet the negotiator /regulator Mr. Winichai Chaemchaeng, Bangkok University and Mr. Sufian Jusoh, WTI hours Certificate presentation ceremony 10

11 TRAINING WORKSHOP ON ENVIRONMENTAL GOODS AND SERVICES NEGOTIATIONS Day 1: Thursday July 9, hours Welcome address Dr. Kamalinne Pinitpuvadol, Executive Director, ITD; Director of Trade and Investment Division, ESCAP hours Introduction of resource persons and participants hours Session 1: Preparing for understanding FTArelated environment chapters/ provisions hours Session 2: Environment provisions/ chapters in FTAs hours -- Coffee break hours Session 3: Pre-negotiation issue: environmental impact assessments hours -- Lunch hours Session 4: New environmental issues in FTAs hours -- Coffee break hours Session 5: New environmental issues in FTAs hours Q & A Reception dinner

12 Day 2: Friday July 10, hours Session 1: Prepare for negotiating environmental provisions/ chapters in an FTA hours Session 2: Experiences in coordination before, during and after Negotiations hours -- Coffee break hours Session 3: Experiences in coordination before, during and after negotiations hours -- Lunch hours Session 4: Experiences in FTA-related environment stakeholder consultation hours -- Coffee break hours Session 5: meet the negotiator/ regulator hours Certificate presentation ceremony

13 TRAINING WORKSHOP ON GOVERNMENT Day 1: Thursday July 23, 2015 PROCUREMENT NEGOTIATIONS hours Welcome address Dr. Kamalinne Pinitpuvadol, Executive Director, ITD; Director of Trade and Investment Division (ESCAP) hours Introduction of the resources persons and participants hours Session 1: Preparing for government procurement negotiation hours Session 2: National regime on government procurement hours -- Coffee break hours Session 3: WTO government procurement agreement and government procurement chapter in FTAs hours -- Lunch hours Session 4: WTO Government Procurement Agreement and government procurement chapter in FTAs hours -- Coffee break 13

14 hours Session 5: The necessity of having government hours Q & A procurement chapter in FTAs Reception dinner Day 2: Friday July 24, hours Session 1: Preparing for conducting negotiations hours Session 2: Negotiating government procurement chapter in an FTA hours -- Coffee break hours Session 3: Experiences in coordination and stakeholder consultation hours -- Lunch hours Session 4: Negotiation simulation exercise hours -- Coffee break hours Session 5: Meet the negotiator/ regulator hours Certificate presentation ceremony 14

15 Selected References (not exhaustive) Asian Development Bank. (2008). How to design, negotiate, and implement a free trade agreement in Asia. Asian Development Bank. Asian Development Bank. (2009a). Economics and Trade in Goods: An Introduction: An ADB-ITD Training Module for the Greater Mekong Subregion. Asian Development Bank. Asian Development Bank. (2009b). Trade and Investment in Services: An ADB-ITD Training Module for the Greater Mekong Subregion. Asian Development Bank. Asian Development Bank. (2009c). Trade Remedies: A Tool Kit: An ADB-ITD Training Module for the Greater Mekong Subregion. Asian Development Bank. Goode, W. (2005). Negotiating Free Trade Agreements: A Guide. Canberra: Department of Foreign Affairs and Trade. A., Hu and T. Puutio (2015). Handbook on negotiating IPRs in free trade agreements. Bangkok: United Nations ESCAP, Forthcoming. Sauvé, P. & Lacey, S. (2013). A Handbook on Negotiating Preferential Trade Agreements: Services Liberalization. Bangkok: United Nations Economic and Social Commission for Asia and the Pacific. World Bank. (2009). Negotiating Trade in Services: A Practical Guide for Developing Countries. Washington, DC: World Bank. Contact Persons 1. Ms. Sirikan Prasertying, Project Management Officer, International Institute for Trade and Development : Tel: ext. 112, Fax: , 2. Dr. Mia Mikic, Chief, Trade Policy and Analysis Section, Trade and Investment Division, ESCAP : Tel: Mrs.Veeraya Puttibundit Bureau of General Administration Tel: , Department of Trade Negotiations of The Ministry of Commerce,Thailand 15

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