Leveraging on Free Trade Agreements iadvisory Seminar Series: Doing Business in the Philippines November 12, 2014

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1 Leveraging on Free Trade Agreements iadvisory Seminar Series: Doing Business in the Philippines November 12, 2014 presented by: WONG CHIAN VOEN Mayer Brown Consulting Mayer Brown is a global legal services provider comprising legal practices that are separate entities (the Mayer Brown Practices ). The Mayer Brown Practices are: Mayer Brown LLP and Mayer Brown Europe-Brussels LLP, both limited liability partnerships established in Illinois USA; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales (authorized and regulated by the Solicitors Regulation Authority and registered in England and Wales number OC ); Mayer Brown, a SELAS established in France; Mayer Brown JSM, a Hong Kong partnership and its associated legal practices in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. Mayer Brown Consulting (Singapore) Pte. Ltd and its subsidiary, which are affiliated with Mayer Brown, provide customs and trade advisory and consultancy services, not legal services. Mayer Brown and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.

2 Philippine Merchandise Trade Flows 2013 New Zealand India Australia US$ 1.86 billion (1.56%) US$ 1.04 billion (0.87%) US$ 0.54 billion (0.45%) Korea US$ 8.15 billion (6.85%) The Philippines China US$ billion (12.71%) Japan US$ billion (14.28%) ASEAN+6 US$ billion (55.87%) US$ billion (19.14%) ASEAN Singapore US$ 8.42 billion (36.97% of ASEAN trade) EU28 US$ billion (12.09%) US$ billion (12.52%) United States Source: UN Comtrade Database 2

3 FTA Benefits Gradual removal of market barriers Tariff reduction and elimination Removal of non-tariff measures Improved access to markets Expanded marketplace Greater pool of supply Creation of integrated operational space Rationalization Specialization Cost-saving opportunities 3

4 Philippine Import Opportunities Philippine MFN Applied Duties Product Group Duty-free AVG in % Max Animal products Dairy products Fruit, vegetables, plants Coffee, tea Cereals & preparations Oilseeds, fats & oils Sugars and confectionery Beverages & tobacco Cotton Other agricultural products Fish & fish products Minerals & metals Petroleum Chemicals Wood, paper, etc Textiles Clothing Leather, footwear, etc Non-electrical machinery Electrical machinery Transport equipment Manufactures, n.e.s The Philippines Liberalization Levels of Tariff Lines under ASEAN FTAs AFTA 99.65% AANZFTA 95.10% ACFTA 93.00% AIFTA 80.90% AJCEP 97.40% AKFTA 99.00% 4

5 Philippine Export Opportunities Major Markets Agricultural products MFN AVG of Traded TL Pref. Margin Simple Weighted Weighted 1. Japan United States of America European Union Korea, Republic of Thailand Non-agricultural products 1. China United States of America Japan Hong Kong, China Singapore Liberalization under ASEAN FTAs AFTA AANZFTA ACFTA AIFTA AJCEP AKFTA BRN 99.65% 99.2% 98.3% 85.3% 97.7% 99.2% CAM 98.86% 89.1% 89.9% 88.4% 85.7% 97.1% IDN 99.65% 93.7% 92.3% 48.7% 91.2% 91.2% LAO 98.86% 91.9% 97.6% 80.1% 86.9% 90.0% MLS 99.65% 97.4% 93.4% 79.8% 94.1% 95.5% MYA 98.86% 88.1% 94.5% 76.6% 85.2% 92.2% PHI 99.65% 95.1% 93.0% 80.9% 97.4% 99.0% SGP 100% 100.0% 100.0% 100.0% 100.0% 100.0% THA 99.65% 98.9% 93.5% 78.1% 96.8% 95.6% VTN 98.86% 94.8% n.a. 79.5% 94.4% 89.4% AUS 100% CHN 94.1% IND 78.8% JPN 91.9% KOR 90.5% NZ 100% 5

6 Integration into Regional Supply Chain 3 rd Countries Other Parts Parts a1, a2 Manufacture different parts Part A ASEAN (ATIGA) Manufacture different CBU models 3 rd Countries Singapore CBU A Indonesia Parts b1, b2 Part B 3 rd Countries Philippines CBU B Thailand Parts c1, c2 3 rd Countries Part C Thailand 6

7 Integration into Regional Supply Chain (cont d) ASEAN (ATIGA) Singapore Philippines Part A Part B Part c2 Part c1 Part C espring Water Purifiers (HS ) Japan Indonesia Manufacture in Singapore Manufacture in Philippines ASEAN-Japan(AJCEP) Part D Japan Japan-Philippines Economic Partnership Agreement (JPEPA) 7

8 Integration into Regional Supply Chain (cont d) Manufacture in the Philippines Customer in Japan ASEAN-Japan (AJCEP) Automotive Part Automotive Part Invoice Sales Office in Singapore ASEAN-China (ACFTA) Customer in Singapore domestic sale Body Wash Body Wash Body Wash Back-to-Back C/O Manufacture in the Philippines Distribution Hub in Singapore Body Wash Customer in China 8

9 Status of FTAs Involving the Philippines EFTA European Union Pakistan China S. Korea Japan United States India Taiwan Regional FTAs Effective Since THE PHILIPPINES AEC Regional Comprehensive Economic Partnership (RCEP) AFTA 1993 ASEAN-China 1 Jul 2005 ASEAN-Korea 1 Jun 2007 ASEAN-Japan 1 Dec 2008 Australia ASEAN-Australia-New Zealand 1 Jan 2010 New Zealand ASEAN-India 1 Jan 2010 Implemented bilateral Proposed or under consultation and study ASEAN-Hong Kong Regional Comprehensive Economic Partnership (RCEP) On-going negotiations On-going negotiations 9

10 Thank You Mayer Brown Consulting (Singapore) Pte Ltd Wong Chian Voen 10

11 Bangkok Beijing Brussels Charlotte Chicago Düsseldorf Frankfurt Guangzhou Hanoi Ho Chi Minh City Hong Kong Houston London Los Angeles New York Palo Alto Paris Shanghai Singapore Washington DC Mayer Brown is a global legal services organization advising many of the world s largest companies, including a significant portion of the Fortune 100, FTSE 100, DAX and Hang Seng Index companies and more than half of the world s largest banks. Our legal services include banking and finance; corporate and securities; litigation and dispute resolution; antitrust and competition; US Supreme Court and appellate matters; employment and benefits; environmental; financial services regulatory and enforcement; government and global trade; intellectual property; real estate; tax; restructuring, bankruptcy and insolvency; and wealth management. Please visit for comprehensive contact information for all Mayer Brown offices. Mayer Brown is a global legal services provider comprising legal practices that are separate entities (the Mayer Brown Practices ). The Mayer Brown Practices are: Mayer Brown LLP and Mayer Brown Europe-Brussels LLP, both limited liability partnerships established in Illinois USA; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales (authorized and regulated by the Solicitors Regulation Authority and registered in England and Wales number OC ); Mayer Brown, a SELAS established in France; Mayer Brown JSM, a Hong Kong partnership and its associated legal practices in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. Mayer Brown Consulting (Singapore) Pte. Ltd and its subsidiary, which are affiliated with Mayer Brown, provide customs and trade advisory and consultancy services, not legal services. Mayer Brown and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions. This publication provides information and comments on legal issues and developments of interest to our clients and friends. The foregoing is intended to provide a general guide to the subject matter and is not intended to provide legal advice or be a substitute for specific advice concerning individual situations. Readers should seek legal advice before taking any action with respect to the matters discussed herein The Mayer Brown Practices. All rights reserved.

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