Free Trade Agreement (FTA) Fair Enough?

This year, we are confronted with a serious test toalone looks limited.
our sovereignty. And the most worrying part is thatIn fact, US exporters will benefit from the FTA since
most Malaysians are not aware of what's going on.average tariffs for industrial goods are higher in
I was traveling in the northern regions recently andMalaysia. The US position estimates that with an
casually asked Pak Haji, a padi farmer and UmnoFTA, US exports to Malaysia will double by 2010. It
stalwart in his late 50s, if he had heard of thecan be safely assumed that a significant portion of
Malaysia-United States Free Trade Agreement (FTA)that increase will be at the expense of locally
which is currently being negotiated. He said he hadproduced goods which would directly result in job
read about it in the Malay newspapers but reallylosses and a downward pressure on wages in the
didn't understand what it was all about.private sector.
I explained to him that the FTA was a legally bindingAlthough investments from the US may increase on
document between our country and the US whichthe back of the FTA, there are many strings
would abolish nearly all tariffs and non-tariff tradeattached to this. Top of the list of concerns would
barriers, and provide each other preferential accessbe the expropriation clause used in previous US
to each other's market. I was met with a blankbilateral trade agreements which basically means that
expression on his face. He then asked me, "What's ininvestors can take up cases against the host
it for me?"government should a change in government policy
Good question. I told him that currently we have aresult in losses for the company concerned.
40 per cent tariff on rice imports to protect peopleThis effectively means that formulation of
like him and to enable us to become almostgovernment policy must take into account the
self-sufficient in rice over the next few years. Ibottom line of US companies above the welfare of
explained that was part of the reason why he sawcitizens which directly undermines the sovereignty of
people smuggling rice during his shopping trips toany country.
Padang Besar at the Thai border.The FTA also promises market access for US firms
He wanted to know what would happen if the USinto our services industry. The principle of reciprocity
could freely export their rice into Malaysia. I had towould suggest that the US market will also be open
tell him that the US and other developed countriesto our corporations, but in reality it will lead to US
had extremely high subsidies on farming and that incompanies dominating service sectors like
some cases it was better to be a cow in Europetelecommunications, banking and retail in Malaysia.
than a farmer in sub-Saharan Africa (the averageOur service industry is not export-oriented, so the
Euro cow gets US$2 -- RM7 -- a day of subsidybenefit of opening up would accrue to the US firms
which is more than what half the people in thethat are already global in their reach with more capital
developing world live on).and know-how.
His laughter trailed off quickly when I told him thatIn more graphic terms, would it be more likely to see
US rice farmers were so heavily subsidized that theyCIMB branches mushroom out all over the US or for
are able to sell at 25 per cent below production costBank of America to exponentially expand its network
which means that US rice could flood our market andhere?
force Pak Haji and 116,000 other padi farmers out ofAny US FTA is also demanding on intellectual
work.property protection. This goes beyond the relatively
He said surely the government wasn't going totrivial concern of many Malaysians that there will be a
commit to such an absurd agreement. I couldn't giveshortage of bootlegged Hollywood movies.
him a reply. Although I knew the government doesn'tIn fact, the real danger is that stringent patent
want to include rice in the market access list for theprotection required by the FTA (which is more
FTA, the US was pushing hard for its inclusion. It mayonerous than what is stipulated by the World Trade
well be one of the 58 contentious issues which theOrganization) will mean that patents for medicine will
Minister of International Trade and Industry alluded tobe secured for a longer period, thereby denying
when she was asked recently about the status ofpatients cheaper, generic options that can be
the talks without actually saying what they were.produced by local companies.
That's just rice. The litany of concerns surroundingThe patent provisions will also mean that US drug
this FTA is considerably long. Apart from rice, thecompanies will be able to establish property
agricultural sector as a whole has cause for worry.ownership on plants indigenous to Malaysia that we
Currently our applied tariff for food items range fromhave used in alternative medicine. This may eventually
10-40 per cent, all of which will be effectivelymean that our farmers have to pay a US drug firm
removed under the FTA. This will have a profoundfor even the right to cultivate these plants or the
effect on the agricultural sector which is experiencingequally disturbing prospect of Mawi promoting Pfizer
a new lease of life under the Prime Minister's greenAli Cafe proclaiming that the US-owned blend is now
revolution."my choice".
After Mexico inked the North American Free TradeAs far as government policy is concerned, apart from
Agreement (NAFTA) with the US and Canada, atthe expropriation clause and the obvious loss in tariff
least a third of their farmers were impoverished duerevenue, the FTA is set to introduce new policies to
to the subsidized US corn that flooded into theirregulate competition which not only tilt the playing
market.field towards US companies but actually take away
The US is notorious for protecting their farmers, andthe option for the government to direct
even then not all American farmers benefit since onlygovernment-linked companies from undertaking
one per cent of farms (usually the rich, corporateunprofitable but socially responsible investments.
farms) receive almost 25 per cent of subsidies.It will also introduce other "Singapore Issues" such as
And while the whole point of the FTA is reciprocity,transparency in government procurement which is
in other words what you give me I give you equally,used as a policy tool to develop local, especially
market access for our agricultural products to the USBumiputera companies, and open this up to US
may continue to be stymied notwithstanding thecorporations. The FTA will effectively take that policy
agreement.option away from the government and curtail its
Tariffs are not the only way to block imports, andability to develop local businesses.
our agro-exporters will continue to confront arbitraryThe concerns listed above are well documented and
health standards and photon-sanitary conditionsthe ministry tasked with negotiating the FTA has
designed to protect the American consumer frombeen bombarded with memoranda with similarly
disease.expressed arguments against the agreement.
The issue here is that sometimes these technicalThe government has repeatedly stated that any
standards are not the product of scientific evaluationFTA signed will not cede economic sovereignty to
but rather the dictates of the domestic food lobby inthe US, including the many points that have been
the US.highlighted in this article.
There is also the issue of tariff escalation. We mayWhich naturally then begs the question, if all of these
be hoodwinked into thinking that tariffs for ourconcerns are off the table, what's there left to
agricultural produce will be eliminated. This may bediscuss? There is no way the US, with other bilateral
true for raw materials that meet US healthagreements under its belt, will agree to anything
requirements, but if the food items are processed inwatered down. As far as most trade analysts are
Malaysia and the higher-value added items exported,concerned, the US will not sign an FTA if it doesn't
it will be met with higher tariffs. These barriers areget its way on all of these "sensitive" issues.
designed to preserve higher value-added economicI hope that the minister with all her experience,
activity within the US and effectively consigningwisdom and resolve will stand her ground. Don't rush
developing countries at the basic (and less lucrative)in to anything. It doesn't matter to Malaysians if we
stage of the supply chain.cannot conclude an agreement before July to take
In manufacturing, pro-FTA advocates assure us thatadvantage of US Congressional approval for the
the agreement will create profits and jobs by openingpresident to fast-track an agreement.
up the US market for our exports and also byWhat matters more is that any agreement on trade,
increasing the flow of US direct investment intowhether it is a multilateral or bilateral variety, is one
factories and plants in Malaysia.that promotes fair trade and not free trade.
As far as our exports to the US are concerned, 80In this auspicious year when we celebrate 50 years
per cent are currently subjected to zero import dutyof nationhood, let us demonstrate that we will not
and a further 15 per cent pay 0-5 per cent, so thesign away our freedom and dignity.
scope for further increase based on tariff reduction