Ministry of Commerce & Industry29-December, 2005 14:19 IST
Cabinet clears implementation of South Asia Free Trade agreement – a historic milestone for SAARC, says Kamal Nath

The Cabinet today cleared the implementation of the South Asia Free Trade Area (SAFTA) with effect from 1st January, 2006.   Announcing this, Shri Kamal Nath, Union Minister of Commerce & Industry, said that the coming into force of SAFTA would be a historic milestone in the economic profile of the countries of the SAARC region.    “Implementation of SAFTA will further strengthen our trade relations with the SAARC countries”, he said.    

The SAFTA was signed by all SAARC countries during the SAARC Summit held in Islamabad on 4-6 January, 2004 and the Cabinet had thereafter accorded approval for the SAFTA Framework Agreement in its meeting held on 20th January, 2004.  The Agreement stipulated that SAFTA would enter into force from 1st January, 2006, upon completion of formalities including ratification by all the Contracting States and issuance of notification by the SAARC Secretariat.  The completion of these formalities included completion of negotiations on Rules of Origin, Sensitive List, Mechanism for Compensation of Revenue Loss for Least Developed Contracting States and Technical Assistance to Least Developed Contracting States in agreed areas.  Since the signing of the Agreement, Committee of Experts (COE) had twelve meetings including the last one held on 29th November – 1st December, 2005 and finalised all the four Annexes to the Agreement.  For implementation of SAFTA, four Annexes had to be attached with the Agreement and, today, the Cabinet has accorded approval on all these issues.

            The basic objective of SAFTA is to reduce existing tariffs within the stipulated time frame in order to boost trade among the member countries of SAARC, namely, Bangladesh, Sri Lanka, Nepal, Pakistan, Bhutan, Maldives and India. At the same time, the sensitive tariff lines relating to agro-commodities have been kept in India’s Sensitive List (Negative List) under SAFTA. This means on items under Negative List, Trade Liberalisation Programme (TLP) under SAFTA would not be applicable.

            The salient features of these four issues approved by the Cabinet are as follows:

i)          Rules of Origin (ROO):

            Under ROO, for giving preferential access to the Member Countries under SAFTA, the goods have to undergo substantial manufacturing process in the exporting countries.  The substantial manufacturing processes are defined in terms of twin criteria of Change of Tariff Heading (CTH) at four-digit Harmonized Coding System and domestic value content of 40% for non-LDCs and 30% for LDCs.  Apart from this general rule, Product Specific Rules (PSR) have also been provided for 191 tariff lines on technical grounds where both inputs and outputs are on the same four-digit HS level.

ii)         Sensitive List:

            As per the Agreement of SAFTA, Trade Liberalization Programme (TLP) would not apply to the tariff lines included in the Sensitive List.  In order to protect interest of its  domestic stakeholders, India has finalized two separate Sensitive Lists – a longer list for non-LDCs (Pakistan, Sri Lanka) and a shorter list for LDCs (Bangladesh, Bhutan, Maldives and Nepal).  India has kept 884 tariff lines in the Sensitive List for non-LDCs and 763 for LDCs.  India’s Sensitive Lists include mainly goods from agriculture sector, textile sector, chemicals & leathers and sectors reserved for small scale industries.  On the market access to Bangladesh, Bangladesh was not happy with our Sensitive List which included 185 tariff lines out of 234 tariff lines in Chapters 61 & 62 of garments and hence in order to give a limited market access through Tariff Rate Quota (TRQ)*, the Cabinet has decided to accord 6 million pieces of fabrics with the condition that sourcing of fabrics should be either from India or of Bangladesh origin.  The Cabinet has also accorded approval of TRQ of 2 million pieces without any conditions of sourcing of fabrics.

iii)         Mechanism for Compensation of Revenue Loss (MCRL) for Least Developed Contracting States (LDCs):

            The 10th SAARC Summit had mandated that Treaty on SAFTA should provide an equitable distribution of benefits of trade to all States specially for smaller and least developed countries including MCRL.  Accordingly, Agreement on SAFTA provided for compensation of revenue loss to LDCs who suffer from loss of customs revenue due to the implementation of Trade Liberalization Programme (TLP) under this Agreement.  The compensation to LDCs except to Maldives will be available for four years and to Maldives for six years. The compensation shall also be subject to a cap of 1%, 1%, 5% and 3% of customs revenue collected on non-sensitive items under bilateral trade in the base year.  However, the extent of compensation shall not apply in case of claims of compensation by Maldives from India in the event of loss of revenue being higher than the above annual ceilings.

iv)         Technical Assistance to Least Developed Contracting States in agreed areas:

            In order to promote capacity building in LDCs, non-LDCs would provide technical assistance in some of the agreed areas like capacity building in standards, protect certification, training of human resources, data management, institutional upgradation, improvement of legal systems & administration, customs procedures & trade facilitation and market development & promotion. 

3.         Besides the above, the Cabinet has also given approval of the following:

a)                   MFN (Most Favoured Nation)** applied rate existing on 1st January, 2000, would be taken as base rate for the purpose of tariff reduction;

b)                   In order to adopt a uniform date of Tariff Liberalisation Programme, India would bring out the customs notification from 1st July, 2006.

India’s total trade with SAARC countries was valued at US $ 5205.57 million (US $ 5.2 billion) in 2004-05.

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SB/NSD/MRS

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*    Tariff rate quota refers to a trading mechanism that provides for the application of a customs duty at a certain rate to imports of a particular good up to a specified quantity (in quota quantity), and at a different rate to imports of that good that exceed that quantity.

**  This forms part of the WTO principle of non- discrimination, which require member countries not to discriminate between goods on the basis of their origin or destination.


(Release ID :14637)