Project Title

FTAAP Capacity Building Workshop on Competition Chapter in FTAs/EPAs under the 3rd REI CBNI 

Project Year

2018   

Project Number

CTI 01 2018T 

Project Session

Session 1   

Project Type

Standard 

Project Status

Project in Implementation   
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Project No.

CTI 01 2018T 

Project Title

FTAAP Capacity Building Workshop on Competition Chapter in FTAs/EPAs under the 3rd REI CBNI 

Project Status

Project in Implementation 

Publication (if any)

 

Fund Account

TILF Special Account 

Sub-fund

None 

Project Year

2018 

Project Session

Session 1 

APEC Funding

136,468 

Co-funding Amount

10,504 

Total Project Value

146,972 

Sponsoring Forum

Committee on Trade and Investment (CTI) 

Topics

Trade Facilitation 

Committee

Committee on Trade and Investment (CTI) 

Other Fora Involved

 

Other Non-APEC Stakeholders Involved

 

Proposing Economy(ies)

Japan 

Co-Sponsoring Economies

Australia; Canada; Korea; Papua New Guinea; Philippines; Chinese Taipei; Thailand; Viet Nam 

Expected Start Date

01/06/2018 

Expected Completion Date

31/12/2018 

Project Proponent Name 1

Shigehisa Iwamoto 

Job Title 1

Official, APEC Division 

Organization 1

Ministry of Foreign Affairs 

Postal Address 1

2-2-1, Kasumigaseki, Chiyoda-ku, Tokyo, Japan 

Telephone 1

81-3 55018000 

Fax 1

Not Applicable 

Email 1

shigehisa.iwamoto@mofa.go.jp; apec.japan@mofa.go.jp 

Project Proponent Name 2

Not Applicable 

Job Title 2

Not Applicable 

Organization 2

Not Applicable 

Postal Address 2

Not Applicable 

Telephone 2

Not Applicable 

Fax 2

Not Applicable 

Email 2

Not Applicable 

Declaration

Shigehisa Iwamoto 

Project Summary

This project is one of the activities under the Action Plan Framework for REI CBNI since 2012.

In order to contribute to advancing towards the eventual realization of FTAAP, Japan held a capacity building workshop on FTA negotiation skills on competition for trade policy makers and negotiators last year. The workshop served as a platform for participants to discuss and exchange views on the 1) growing significance of competition policy and the importance of establishing a competition chapter in FTAs/EPAs, 2) concerns of discriminatory application of competitive law, and jurisdiction over subsidies, and 3) the significance of ‘exchange of information’.

Based upon these outcomes, Japan plans to hold a subsequent workshop to further deepen understanding on this area this year.

The workshop aims to 1) examine the current status of competition chapter in FTAs/EPAs through the review of recent studies and practices, and 2) explore desirable elements of competition chapter which may serve as guidelines for future FTAs/EPA negotiations.

Relevance

Relevance – Region: In the 2017 APEC Economic Leader’s Declaration, it is said that “We commend the efforts of economies to advance work related to the eventual realization of an Free Trade Area of the Asia Pacific (FTAAP), including capacity building initiatives and information sharing mechanism. We encourage economies to make further progress and to develop work programs to enhance APEC economies’ ability to participate in high quality, comprehensive free trade agreement negotiations in the future.” More specifically, 2017 APEC Joint Ministerial Statement also says “We look forward to the implementation of the Action Plan Framework for the 3rd Regional Economic Integration (REI) Capacity Building Needs Initiative (CBNI) and the RTAs/FTAs Information Sharing Mechanism.” CBNI will continue to serve as a solid stepping stone for the realization of the FTAAP. 

Accordingly, Korea as a leading economy of the REI CBNI initiative and other interested APEC member economies have made efforts in developing a detailed work plan to implement APEC Leaders’ instructions. From 2012 to 2014, under 1st REI CBNI, several economies conducted the series of Capacity Building Workshop or Seminar with the variety of themes in 13 times including FTA Utilization which was implemented by Japan. Since the initiation of 2nd REI CBNI in 2015 until June 2017, totally 13 workshops have been conducted. Japan also contributed to hold two workshops on E-commerce and Competition. 

As an active economy in joining the REI CBNI, Japan also proposed the area of Competition as one of the sectors to be explored in the 2nd REI CBNI, and held the workshop on competition chapter in FTAs/EPAs in Ho Chi Minh, Viet Nam in August 2017. This workshop comprised of three sessions ‘Significance of Competition Policy and the Meaning of the Establishment of the competition chapters in FTAs/EPAs’, ‘Overview of the Chapter on Competition in the Existing FTAs/EPAs’, and ‘Challenges and Opportunities in Relation to Acceptance of the Chapter on Competition in FTAs/EPAs’. Through this workshop, the following 3 points, 1) Growing significance of competition policy and the meaning of establishing competition chapter in FTAs/EPAs, 2) Concerns of discriminatory application of competitive law, jurisdiction over subsidies, and 3) the significance of ‘exchange of information’ were highlighted and shared among all the experts and participants. 

This project aims at holding a second workshop on the same theme under 3rd REI CBNI. The workshop is intended to benefit a broad range of economies. Based upon the discussions and outcomes achieved in the first workshop which was held last year, it is expected that this project will offer an opportunity of sharing the further understanding and experiences among trade policy makers and FTAs/EPAs negotiators on this area. 

Relevance – Eligibility: From session 1 of 2018, OSAKA Action Agenda (OAA) will be used for the funding criteria of TILF. OAA Part one, Section C focused on “Competition Policy” as the one of the specific areas that APEC economies will take action. 

This project contributes following “COLLECTIVE ACTIONS”; “e. encourage cooperation among the competition authorities of APEC economies with regard to information exchange, notification and consultation”; “f. contribute to the use of trade and competition laws, policies and measures that promote free and open trade, investment and competition”; “h. undertake capacity building programs to assist economies in implementing the “APEC Principles to Enhance Competition and Regulatory Reform”. 

Furthermore, this project will serve to ensure some of “General Principles” of OAA, such as Non-Discrimination and Transparency. 

Relevance – Capacity Building: The proposed project is in line with the Action Plan Framework for the 3rd REI CBNI and will be implemented as a part of capacity building programs to increase APEC members’ capacity in support of the eventual realization of the FTAAP, which is “high quality and comprehensive, and incorporate and address next generation trade and investment issues” as stated in the Lima Declaration of FTAAP. 

This workshop was designed to aim at in-depth capacity building for negotiators and policymakers on competition area through sharing discussion at the international organizations and best practices and experiences of negotiations. In particular, the agenda of this workshop will comprise of three sessions 1) Update the current situation surrounding the competition policy and the Chapter on Competition in FTAs/EPAs, 2-1) Exchange the information of the essential elements from negotiators’ experience of negotiations, 2-2) Explore desirable elements of a competition chapter which may serve as guidelines for future FTAs/EPA negotiations, and 3) Discuss the relation between investment and competition policy.

Objectives

This workshop aims to provide in-depth capacity building for trade policy makers and FTAs/EPAs negotiators including representatives of the Committee on Trade and Investment (CTI), the Economic Committee (EC), the Competition Policy and Law Group (CPLG) and, as appropriate, the Investment Expert Group (IEG). 

The workshop is envisaged to equip FTAs/EPAs negotiators to enhance their knowledge on competition policies, leading to a desirable competition chapter in future FTAs/EPAs. The workshop will also serve as a basis for APEC economies to cooperate further in the promotion of competition, economic efficiency, consumer welfare and the curtailment of anti-competitive practices. 

To this end, in this workshop, we will 1) examine the current status of a competition chapter in FTAs/EPAs through the review of recent studies and practices, 2) explore desirable elements of a competition chapter which may serve as guidelines for future FTAs/EPAs negotiations. Also since now the examination of impact on and implications of the investment aspects of the Next Generation Trade and Investment Issues (NGeTIs) is implemented in IEG, in order to support this work, we will 3) discuss the relation between investment and competition policy, specifically, how competition policy affects investment activities.

Alignment

Alignment - APEC:  This project will be implemented under the 3rd REI CBNI. The 3rd REI CBNI is recognized as the continuity from the 2nd REI CBNI outlined in the Beijing Roadmap for APEC’s Contribution to the Realization of the FTAAP in November 2014. As mentioned above, APEC Ministers also welcomed the implementation of the 3rd REI CBNI in 2017. 

This project is designed to put into action APEC Ministers’ instructions to build capacity to strengthen and deepen the regional economic integration, and to facilitate the realization of the FTAAP as stated in the APEC 2011 Ministerial Meeting statement, which is also the first priority of APEC of “promoting regional economic integration via free and open trade and investment.” 

In APEC 2013 Leaders’ Declaration, APEC Leaders insisted that “APEC has an important role to play in coordinating information sharing, transparency, and capacity building...” and “agreed to ...increase the capacity of APEC economies to engage in substantive negotiations.” Furthermore, APEC Ministers “encouraged officials to advance the Regional Economic Integration Capacity-Building Needs Initiative Action Plan Framework as a key delivery mechanism for the technical assistance needed to one day make the FTAAP a reality.”  

APEC Economic Leaders agreed to continue the capacity building activities in pursuit of the eventual realization of the FTAAP under the Action Plan Framework of the 2nd REI CBNI as appeared in Annex A of APEC Economic Leaders’ Declaration on The Beijing Roadmap for APEC’s Contribution to the Realization of the FTAAP in November 2014. They encouraged economies “to design and conduct capacity building programs for specific sectors as lead economies.”

Alignment – Forum: How does the project align with your forum’s work plan/ strategic plan? [½ page]

The proposed project is in line with the Action Plan Framework for the 3rd REI CBNI which was endorsed at APEC 2017 Ministerial Meeting. The Framework is an important pillar under CTI 2018 work.

TILF/ASF Justification

Not Applicable.

Beneficiaries and Outputs

Outputs:  

1) A completed one day workshop

2) Project final report for publication 

The project will be implemented through a one day capacity building workshop to be held in Port Moresby, Papua New Guinea. 

The outcomes including the workshop conclusions, desirable elements of a competition chapter which may serve as guidelines for future FTAs/EPA negotiations and the disseminated presentation documents by speakers from the workshop will be compiled into a project final report, allowing lessons learnt to be disseminated via electronic means more broadly within APEC economies. 

Outcomes:  

1) Participants will be better equipped to prepare for FTAAP negotiations on a competition chapter.

20 Propose desirable elements of a competition chapter which may serve as guidelines for future FTAs/EPAs negotiations.

3) Discuss the relation between investment and competition policy. 

The workshop which we held last year comprised of three sessions ‘Significance of Competition Policy and the Meaning of the Establishment of the competition chapters in FTAs/EPAs’, ‘Overview of the Chapter on Competition in the Existing FTAs/EPAs’, and ‘Challenges and Opportunities in Relation to Acceptance of the Chapter on Competition in FTAs/EPAs’. Through the workshop, the following 3 points, 1) Growing significance of competition policy and the meaning of establishing competition chapters in FTAs/EPAs, 2) Concerns of discriminatory application of competitive law, jurisdiction over subsidies, and 3) the significance of ‘exchange of information’ were highlighted and shared among all the experts and participants. 

Based on the outcomes of the first workshop including challenges and issues which were raised last year, this second workshop will examine the issue in more depth and attempt to propose desirable elements of a competition chapter which may serve as guidelines for future FTAs/EPA negotiations. Desirable elements would be defined as essential elements which could be accepted by many participants from their experience of negotiations. 

The participants will have greater understandings on the importance and usefulness of competition policy and competition chapter in FTAs/EPAs after attending the workshop. As a result, based on the deeper knowledge and experiences on this area, the policy makers and FTAs/EPAs negotiators of the region will have much more informed decisions related to competition policy and competition chapter in FTAs/EPAs. Moreover, FTAs/EPAs negotiators and researchers who have not attended the workshop also may have benefits from the workshop by reading the project final report including desirable elements of a competition chapter which were shared through the discussion and the disseminated presentation documents by speakers from the workshop which will be uploaded on APEC website.

Beneficiaries: The direct beneficiaries of the project are CTI, EC and CPLG representatives, trade policy makers and FTAs/EPAs negotiators who are in charge of competition policy or competition chapter in FTAs/EPAs. Policy makers on competition area will have a chance to learn and share the impacts of potential FTAs, both positive and negative. 

Trade policy makers and FTAs/EPAs negotiators from APEC economies will be direct beneficiaries of this project in terms of enhanced technical knowledge and ability to prepare for and engage in FTAs/EPAs negotiations. This workshop would be also beneficial for CTI, EC and CPLG representatives. 

As for the participants in this workshop, it is expected that the same persons who attended the first workshop held last year will attend, but the first-time attendees are also certainly welcomed. We will encourage the first-time attendees to read the project final report of the first workshop so that they can participate in this workshop effectively. 

To ensure that the workshop will benefit as many participants as possible, lessons learnt will be disseminated through electronic means more broadly within APEC economies. The project final report including all presentation documents of the workshop will be uploaded to the Publication Database on APEC website and public to viewers to gain out-reaching impact. It is likely that policy makers on competition area will identify some domestic issues such as regulations and policies including unnecessary barriers to trade to be addressed to prepare for participation in FTAs/EPAs and FTAAP.

Dissemination

Electronic publication will be used to disseminate the workshop’s documents widely. APEC official website will be the main one to upload the documents. A detailed project final report of the workshop will also be prepared and submitted to the Committee on Trade and Investment for information. The target audience will be trade policy officials from APEC economies working on FTAs, including researchers and analysts, FTAs/EPAs negotiators, coordinators and legal advisers. No intention to sell outputs arising from this project.

Gender

Women will be directly involved in the project in every process of the project. This project and its intended objectives are equally relevant to both men and women in the government roles associated with FTAs/RTAs negotiation and implementation. 

The Project Overseer will be careful to include female speakers and participants in the workshop. Invitations sent to CTI representatives will take due consideration of gender concerns by encouraging the suggestion and nomination of female speakers and participants. Economies will be actively encouraged to ensure female participants are recommended for participation. This will especially be the case where travel-eligible economies are funded by the project to participate. 

In addition, the project organizers will ensure that the evaluation forms to be distributed at the end of workshop will include information on gender for disaggregating of data for project assessment and will help in evaluation of specific responses of women and men.

Work Plan

Date

Tasks

May 2018

Submit the Proposal to CTI and relevant fora for consideration and endorsement intersessionally.

Brief on the preparation of the workshop at CTI2.

June - August 2018

Develop the agenda and logistical matters for the Workshop. 

Invite Speakers and Participants from relevant APEC ministries or agencies, academia and international organizations.
August 2018
Hold an one-day workshop in Port Moresby on the margin of CTI3.

Workshop will consist of the following agendas:

1) Update the current situation surrounding the competition policy and the Chapter on Competition in FTAs/EPAs (1 hour)

2-1) Exchange the information of essential elements from negotiators’ experience of negotiations (2.5 hours)

2-2) Explore desirable elements of a competition chapter which may serve as guidelines for future FTAs/EPA negotiations (3 hours)

3) Discuss the relation between investment and competition policy (1.5 hour)

Compile the information of desirable elements which could be accepted by many participants in the workshop.

Brief on desirable elements as the outcomes of the workshop at CTI3 and relevant meetings.

October 2018
Submit the Project Final Report of the workshop including the workshop conclusions, desirable elements of a competition chapter which may serve as guidelines for future FTAs/EPA negotiations to CTI and relevant fora for consideration and endorsement intersessionally.

Submit the Completion Report to CTI and relevant fora for consideration and endorsement intersessionally.

Risks

Risks associated with the workshop will be minimal. One of the risks is ensuring the selection of good speakers in order to make the most of the workshop. The Project Overseer will work with the co-sponsoring economies to get recommendations of potential speakers. There may be last-minute speaker cancellations. That risk will be managed by identifying possible back-up speakers in advance of the event. 

Another risk is the difficulty in selecting right participants. To address this risk, the Project Overseer organizers will send out invitation to CTI representatives of APEC economies through APEC Secretariat by mail. They will take responsibilities to inform domestic Ministries and Agencies to select right participants and nominate these participants to the Project Overseer. The criterion to select participants should be either negotiators who are in charge of FTAs/EPAs related competition issues or policy makers for competition issues related laws and regulations. The CTI representatives will be the focal point to nominate participants who will attend the workshop. To assure the workshop will attract targeted participants, invitation will also be sent to EC, CPLG and, as appropriate, IEG respectively. 

The nominated participants will be required to send their curriculum vitaes or biographies to the Project Overseer. Based on reviewing them, the Project Overseer will decide the participation of APEC delegates and inform their approval to the nominated participants.

Monitoring and Evaluation

The project Overseer will work closely and regularly with co-sponsoring economies in determining the content of the agenda, selection of speakers, moderators and participants for the workshop. The project will adhere strictly to APEC project implementation procedures, including the timeline of actions. 

1) The number of participants (target 50-60) and their level of expertise will be an important indicator of the project benefits. 2) The number of female participants will be another indicator, with the Project Overseer aiming for at least 50% representation by women both as speakers and participants. Also we will set 3) the target number of developing economies invited to the workshop to eight economies and 4) that of desirable elements to be presented to more than five elements as indicators which measures the success. 

An evaluation form will be prepared and distributed to all participants as well as the speakers and moderators to assess the effectiveness of the workshop with respect to the relevance on the topics, presentations by speakers, overall impact and suggestions for further improvement and/or activities for future projects. The Project Overseer will compile all comments/suggestions and reflect them into the completion report, which will be submitted to the CTI. 

The project final report including the disseminated presentation documents will be made available to all participants and the APEC Secretariat, as well as uploaded to APEC Publication Database. The project final report will be shared with CTI and other related fora to seek endorsement.

Linkages

The Project Overseer will bring together negotiators and policy makers to gain and enhance knowledge and experience on competition area. The project Overseer will circulate a draft agenda to CTI, EC and CPLG for comments and suggestions. On completion of the workshop, the outcome will be circulated to CTI, EC, CPLG and relevant APEC sub-fora. The CTI will involve economies in follow-up from the workshop, including developing recommendations for built-on activities to deepen REI and realize the potential FTAAP. 

The Project Overseer will consider inviting the experts from international organization including OECD and academia to promote collaboration with relevant organizations on competition area and share their expertise and exchange views with APEC member economies. 

This project is built on the REI CBNI Framework. The results of the workshop will contribute to the deliverables of this Framework. APEC is the best source of funding for this project because APEC is implementing the Framework, the goal of which is to prepare APEC economies to negotiate high-quality FTAs/EPAs and FTAAP.

Sustainability

The participants will be able to understand the importance and usefulness of competition policy and a competition chapter in FTAs/EPAs by attending the workshop. As a result, based on the deeper knowledge and experiences on this area, the policy makers and FTAs/EPAs negotiators of the region will have much more informed decisions related to competition policy and a competition chapter in FTAs/EPAs. Moreover, FTAs/EPAs negotiators and researchers will not attend the workshop also can benefit from the outcome of the workshop by reading the project final report which includes desirable elements of a competition chapter shared through the discussion and the disseminated presentation documents by speakers from the workshop to be uploaded on APEC website.  Beneficiaries of this project including policy makers and negotiators can read the outcomes anytime. Evaluation questionnaires will invite workshop participants to provide feedback, including on possible future activities that could be developed under the framework of the REI CBNI Action Plan Framework.

Project Overseers

The project overseer is Mr. Shigehisa IWAMOTO, Assistant Director, APEC Division, Ministry of Foreign Affairs of Japan. He engaged APEC works more than two years especially BMC, EC, IEG, MAG and so on. Organization and management of the workshop will be carried out by Japan APEC team (APEC Division, MOFA Japan) members. It is not envisaged the contractors will be required.

Cost Efficiency

Not Applicable.

Drawdown Timetable

Not Applicable.

Direct Labour

Not Applicable.

Waivers

Not Applicable.

Are there any supporting document attached?

No 
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Project No.

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Publication (if any)

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Sub-fund

Project Year

Project Session

APEC Funding

Co-funding Amount

Total Project Value

Sponsoring Forum

Topics

Committee

Other Fora Involved

Other Non-APEC Stakeholders Involved

Proposing Economy(ies)

Co-Sponsoring Economies

Expected Start Date

Expected Completion Date

Project Proponent Name 1

Job Title 1

Organization 1

Postal Address 1

Telephone 1

Fax 1

Email 1

Project Proponent Name 2

Job Title 2

Organization 2

Postal Address 2

Telephone 2

Fax 2

Email 2

Declaration

Project Summary

Relevance

Objectives

Alignment

TILF/ASF Justification

Beneficiaries and Outputs

Dissemination

Gender

Work Plan

Risks

Monitoring and Evaluation

Linkages

Sustainability

Project Overseers

Cost Efficiency

Drawdown Timetable

Direct Labour

Waivers

Are there any supporting document attached?

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Previous Fora

Secretariat Comments

Reprogramming Notes

Consolidated QAF

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PD Sign Off

Batch

Forum Priority

Committee Ranking Category

Committee Priority

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Priority Within Funding Category

Monitoring Report Received

Completion Report Received

PMU Field 1

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