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Study on China-Sri Lanka Free Trade Agreement

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Lack of a Mutual Recogniti<strong>on</strong> <strong>Agreement</strong> (MRA) for standards between <strong>Sri</strong> <strong>Lanka</strong> and its FTA partners<br />

has resulted in various additi<strong>on</strong>al checks/ certificati<strong>on</strong>s <strong>on</strong> the goods at the importing country<br />

although they have been previously tested and certified by the relevant, approved authorities in <strong>Sri</strong><br />

<strong>Lanka</strong>. Some of the issues faced by traders include intergovernmental n<strong>on</strong>-acceptance of testing<br />

methods and standards; packaging, labeling and markings; and duplicati<strong>on</strong> of health and safety<br />

checks in India and <strong>Sri</strong> <strong>Lanka</strong>. This has resulted in delays and additi<strong>on</strong>al costs. MRA between the two<br />

countries, especially between key agencies such as Standards Institutes and Industrial Technology<br />

Institutes, can assist in reducing the necessity to carry out additi<strong>on</strong>al checks. If the two governments<br />

can agree <strong>on</strong> testing/certifying bodies in each country then extra m<strong>on</strong>ey and time would not have to<br />

be spent <strong>on</strong> demands for additi<strong>on</strong>al certificates.<br />

COOs:<br />

There have also been instances where doubts have been raised by Indian officials <strong>on</strong> the validity of<br />

the COOs (sometimes in instances where the detailed cost sheets were produced) or the ISFTA<br />

certificate was refused citing that the signatures in the certificate are not that of the authorized<br />

pers<strong>on</strong>s. Furthermore, Indian customs /other bodies have also demanded for documents that have<br />

not been specified in the FTA.<br />

Awareness:<br />

Lack of knowledge/awareness am<strong>on</strong>g traders of the c<strong>on</strong>cessi<strong>on</strong>s offered by the FTAs has been a key<br />

impediment to garner benefits of FTAs. Although a majority of exporters/importers were aware of<br />

the FTA there are SMEs who lack awareness of specific informati<strong>on</strong> <strong>on</strong> the duty c<strong>on</strong>cessi<strong>on</strong>s offered<br />

and the processes attached to acquiring the preference (ROO, tariff rate quotas etc.).<br />

Instituti<strong>on</strong>al support:<br />

The absence of a fixed body to address problems arising when trading under the agreement is an<br />

impediment in using the FTAs. When problems arise regarding a shipment (i.e. documentati<strong>on</strong>)<br />

there is no formal body of authority that takes up the complaints and addresses them quickly. Quick<br />

resp<strong>on</strong>se is essential due to high costs of delays and if the cost benefit under the FTA is negated then<br />

the traders will not be encouraged to export/importer further. In the case of the ISFTA for example,<br />

<strong>Sri</strong> <strong>Lanka</strong>n traders pointed out that when there are any mistakes in the import certificate that need<br />

to be rectified, it has to be d<strong>on</strong>e in India since the Indian High Commissi<strong>on</strong> in Colombo does not have<br />

the authority to rectify these correcti<strong>on</strong>s and this was identified to be a time c<strong>on</strong>suming activity that<br />

needs to be changed. Furthermore, customs cooperati<strong>on</strong> <strong>on</strong> HS code classificati<strong>on</strong> is also an<br />

important measure that needs attenti<strong>on</strong> as disagreement <strong>on</strong> HS classificati<strong>on</strong> is often a bottleneck<br />

for traders.<br />

Government facilitati<strong>on</strong> (for companies/businesses) is also essential to overcome bureaucratic issues<br />

in countries with which <strong>Sri</strong> <strong>Lanka</strong> has bilateral and regi<strong>on</strong>al trading arrangements with, especially<br />

with regard to investing in the partner country.<br />

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