Liberalisation of Construction and Related Engineering Services

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1 CIB World Building Congress CIB Liberalisation of Construction and Related Engineering Services JOHNNY J. SOMBA Chief Executive (National Construction Sector Expert) National Construction Industry Council Malawi ABSTRACT The advent of World Trade Organisation (WTO) has made the world witness a different form of trade, trade-in-service which has been used by bilateral and multilateral trading systems to liberalise construction and related engineering services. Globalisation has affected developing and least developed countries in complying with WTO rules as well as in observing regional and international trade in light of service sectors classified by WTO rules and recognized by regional bodies. The paper would try to outline the volume of trade being done in regional bodies such as Southern African Development Community (SADC) and Common Market for Eastern and Southern Africa (COMESA) within SADC, COMESA, between the two bodies and also with the rest of the world including European Union in light of Cotonou Agreement, Eastern and Southern Africa Agreement (ESA) and other recent agreements in use. The paper would also attempt to outline trade assessment done within COMESA and SADC and offers and requests which the two regional bodies have received from bilateral and multilateral trading partners. The paper further considers common modes of supply for trade in services being used in SADC and COMESA and the rest of the world. The two regional bodies are geared to liberalise trade in services for construction sector in compliance with WTO rules. KEY WORDS: World Trade Organisation Rules, Liberalization, Regional Bodies, Agreements, Modes of Supply

2 3160 CIB World Building Congress INTRODUCTION Classification list for Sectoral Services under World Trade Organisation (WTO) cover 12 sectors one of which is Construction and Related Engineering Services (See Appendix 1). Classification list denotes construction services specified in two parts, Consulting Services under Business Services (Professional Services) and Constructing Services called Construction and Related Engineering. It is the latter that forms part of this paper. WTO further classifies countries into three categories, namely Developed Countries, Developing Countries and Least Developed Countries (LDCs). The bases of this country classification underscores the volume of construction works taken by particular countries as well as the volume of services being undertaken between countries of different economic levels and development. Southern African Development Community (SADC) and Common Market for Eastern and Southern Africa (COMESA) are two regional groupings dominant in Southern and Eastern Africa. SADC and COMESA are two separate regional bodies but in some respects have also worked together. Sectoral assessment of various sectoral services is an example where SADC coordinated with COMESA so that member countries which belong to both regional groupings only used particular same sectoral experts for the assessment. Volume of trade in services within SADC and COMESA combined is so insignificant compared with global trade where basically developed and developing countries are conducting Construction and Related Engineering Services at much higher scope than it is the case within SADC and COMESA regions. There is remarkable progress being achieved by SADC and COMESA in assessing the regions in order to start the negotiations. Many member states are yet to liberalise trade in services for most of the sectors. There is a long way to liberalisation of services. COMESA has drafted a Regional Framework Agreement for the liberalisation of Trade in Services in its region. The draft regulations are in accordance with provision of General Agreements on Trade in Services (GATS). Both COMESA and SADC have gone into Bilateral and Multilateral agreements with the external world. European Union (EU) is a major partner in trade with the two regions with agreements on Cotonou Agreement as well as on Eastern and Southern Africa (ESA) Agreement. 2. NATURE OF CONSTRUCTION AND RELATED ENGINEERING SERVICES SECTOR The Construction and Related Engineering Services is a very important sector because it provides infrastructure for other sectors to take place.

3 CIB World Building Congress In Section 5 of Central Product Classification (CPC) divisions 51 and 52 subclass titles indicate various stages of construction such as preerection, construction, special trade construction, installation, electrical, etc. works for buildings and civil engineering nature covering all types of the other 11 sectors like residential, commercial, social and tourist buildings as well as roads, railways, airfield runways, harbours, canals, dams, flood control water works, power lines, mining constructions and others. An immense scope of work the sector does for other services to take place. The purpose for breakdown into subclass titles of various types of construction works is to allow a member state of WTO or regional grouping to make a meaningful offer on any requests required for service negotiations as it is not necessary to liberalise the whole sector. Member states may liberalise the whole construction sector or particular area of construction. This is permissible according to WTO rules. Construction uses manpower, materials, plant and equipment to execute Construction Works. Manpower includes general, specialised engineering and managerial skills as well as unskilled and skilled labour force. Developed and developing countries have in abundance general, specialised engineering, managerial skills and skilled labour force whereas LDCs have more of unskilled and some skilled labour force hence the need for capacity building to strengthen their construction industries. LDCs are known for having weak economies with big trade imbalance and rely on donor aid for national development. Local contractors in LDCs face the challenges of executing construction services as they possess outdated technologies and practices, inadequate technical and managerial skills coupled with delayed payments make them provide inadequate or low quality services. Transfer of skills and technology through joint ventures with foreign firms mostly from developed and developing countries would improve competitive performance of such contractors. Table A indicates countries which had done more construction works in 1990, 1995 and In 1995 and 2002 most construction works were done in developed countries than developing and least developed countries in that order. In Africa it is only South Africa which had recorded to have done tangible construction works as a percentage of GDP.

4 3162 CIB World Building Congress 2007 Table A Construction as % of value added of GDP Economy All economies Developed Developing LDCs Major petroleum exporters USA Canada EU EU-10 new members Japan Australia China PR India Mexico Brazil Russian Fed South Africa Source: UNCTAD secretariat calculations based the UNSD National Accounts It is also noted that the survey done by Global Insight Inco. among the top 15 nations in construction spending from 2003 with interpolation to 2006 United States, Japan, China and Germany are the top 4 most construction spending nations (see table B). None of the countries are in Africa.

5 CIB World Building Congress Table B THE Top 15 NATIONS IN CONSTRUCTION SPENDING (in USD bil.) COUNTRY United States 1, , , , , ,288.6 Japan China Germany France Italy United Kingdom Spain Canada Netherlands India Mexico Brazil Australia Russia Total (55 countries) 3, , , , , ,817.7 Source: Global Insight Inc. It is expected that the wishes of COMESA and SADC is to see one day an African nation being in the top 15 nations in the construction spending. On importing and exporting construction services (see table C) it is noted that developed and developing countries import less services but export more which is the opposite with LDCs though the rate of exporting services is more in LDCs than developed and developing countries.

6 3164 CIB World Building Congress 2007 Table C Construction Services Import as % of total services import Export as % of total services export Economy All economies Developed Developing LDCs Land-locked economies Major petroleum exporters n/a Latin America n/a Africa Developing Asia South East Europe and CIS n/a n/a CONSTRUCTION SECTOR ASSESSMENT WITHIN SADC & COMESA COMESA and SADC have both conducted sectoral assessment in December 2006 and January 2007 for all sectors including construction sector in order to give quality offers to requests received from Bilateral and multilateral partners. Assessment Basically, sectoral assessment covers the following three major areas: Market access Ownership, and Regulation Sectoral assessment is conducted for national interest as well as that of trading partners. Member states would like to know strengths and weaknesses of their sectors so that they can competently come to trade negotiations with confidence. Where sectors are weak the member states would like to strengthen such sectors or parts of the sectors before trade negotiations take place. Unfortunately, there have been other member states like Malawi and Zambia which liberalised construction and related engineering services sector in 1996 (Malawi) just a year after WTO was established without sectoral assessment. Malawi is now burdened with how it can strengthen its construction sector while requests and offers are at its doorsteps. Trading partners to member states or to COMESA or SADC are also keen to know the competition available in construction sector through

7 CIB World Building Congress results of the sectoral assessment which is made public. Sectoral assessors have to understand the general policies as regards to Market access, ownership and regulations related to the sectors. A lot more information is requested in each area. Market Access There are 4 modes of supply of trade in services and the most common mode of supply is mode 3 which is commercial presence and trading partners would like to know if they can set up their firms in another member country and what restriction are existent in setting up the firm s commercial presence. The range of restrictions could be wide and may touch on private and foreign firms and which types of works they can do whether selected areas or the whole sector. Countries are allowed to either open few areas or wholesome. Other modes of supply are also assessed like mode 4 on movements of natural persons so that contractors know who is allowed to come into a country and with what qualifications. Ownership Trading partners would like to know if private or state owned firms are allowed to bring in foreign personnel. Some member states may restrict that owners of such firms be construction related or not. This is acceptable according to local legislations. Regulation Sectoral assessment also conducts assessment of the regulator in a particular sector. SADC has been able to create National Construction Councils in its member states with appropriate legislation. The regulation looks at procurement, public consultation and transparency as well as price regulation mechanisms. Sectoral assessment is expected to make thorough consultations with all stakeholders and relevant authorities. 4. TRADE NEGOTIATIONS Trade Negotiations under WTO rules are based on requests and offers. Sectoral assessments conducted by member states are made available to trading partners who request offers in particular areas of the sectors or all sectors. With adequate consultations based on sectoral assessment the

8 3166 CIB World Building Congress 2007 member states give offers to the requests which become the bases of trade negotiations. Both COMESA and SADC have identified sectoral experts who have assessed the sectors and are likely to be part of the trade negotiating teams. SADC and COMESA have received requests and few have responded with appropriate offers as many member states have just submitted their sectoral assessments to SADC and COMESA which signal the preparations to start trade negotiations, for example from EU States, Egypt, India, United States, Brazil and South Africa. It is important to note limitations on market access and National Treatment. Egypt has comprehensive limitation on Market access where it specifies sizes of projects to engage foreign firms and have to be in joint venture with local firms and on National Treatment it can only allow a firm to practice if licence is provided by local federation association of contractors. This depicts a member state who has thoroughly assessed the sector. 5. CONCLUSION Trade in Services under WTO rules has come under critical scrutiny for participation by local and foreign firms. Member countries have been available with an opportunity to assess the services sectors with donor assistance through regional groupings of COMESA and SADC. This gives confidence to member states to adequately negotiate trade with other trading partners. COMESA has done a full comprehensive assessment of all the 12 services sectors whereas SADC has identified 6 priority services sectors and both regional bodies have regarded construction sector as a priority service sector. The two regional bodies have availed member states various requests and offers from Bilateral and Multilateral trading partners and have also trained experts in trade negotiating skills. This is going to make trade in services sustainable by developing and least developed countries.

9 CIB World Building Congress APPENDICES Appendix 1 SECTORS AND SUB-SECTORS CORRESPONDING CPC 1. BUSINESS SERVICES Section B A. Professional Services a. Legal Services 861 b. Accounting, auditing and 862 bookkeeping services c. Taxation Services 863 d. Architectural services 8671 e. Engineering services 8672 f. Integrated engineering services 8673 g. Urban planning and landscape 8674 architectural services h. Medical and dental services 9312 i. Veterinary services 932 j. Services provided by midwives, nurses, physiotherapists and para-medical personnel k. Other 3. CONSTRUCTION AND RELATED ENGINEERING SERVICES A. General construction work for buildings 512 B. General construction work for civil engineering 513 C. Installation and assembly work D. Building completion and finishing work 517 E. Other

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