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Role of Free Trade Zones and Free Ports in The Transshipment and Transit of Counterfeit Goods
Role of Free Trade Zones and Free Ports in The Transshipment and Transit of Counterfeit Goods
WHEREAS, unrestricted regimes for transshipment and transit of goods through free trade zones and
free ports significantly contribute to the trafficking of counterfeit goods around the world;
WHEREAS, it is in the interest of consumers to stand apprised of and be able to avoid counterfeit goods,
some of which pose great dangers to their health and safety;
WHEREAS, trademark owners support the establishment of a legal framework to enable public
authorities, especially customs authorities, to apply border measures that allow effective actions in
relation to counterfeit goods that undergo transshipment or transit through free trade zones and free
ports.
BE IT RESOLVED, that the International Trademark Association urges governmental authorities to take
the necessary actions to apply the following measures to halt the transshipment and transit of counterfeit
goods in free trade zones and free ports:
Prohibit the admission to, processing in, and export from the free trade zones of counterfeit goods,
irrespective of country of origin of such goods, country from which such goods arrived, or country of
destination of such goods.
Empower customs authorities to exercise jurisdiction before the entry and after the exit of goods into a
free trade zone, and to inspect goods in a free trade zone or a free port to ensure that no offence as to
trafficking in counterfeit goods is being committed.
Ensure close cooperation between national customs authorities and the special authorities of their free
trade zones or free ports in order to provide the efficient enforcement of anti-counterfeiting criminal and
civil laws to check the offences of trafficking in counterfeit goods.
Ensure the applicability and enforcement of anticounterfeiting criminal and civil laws to check the activities
of trafficking in counterfeit goods in free trade zones and free ports that currently allow free movement of
goods of any nature without regard to origin, quality, purpose, and destination of goods; and without or
minimal customs treatment of such goods in transit or transshipment.
Background
A free trade zone (FTZ) is a specified area within the territorial jurisdiction of a country where there is
either a minimum or no customs control on entry or exit of goods. A free port (FP) is characterized by its
whole harbor plants (sheet of water, quays, wharves, warehouses, factories, etc.) that are considered by
law outside the customs boundaries. FTZ’s and FP’s are not subject to such standard government
restrictions on trade such as Customs treatment, banking laws, taxation, labour laws and economical
laws and transactions. The relation between the free transit of goods within FTZ’s and FP’s and the
corresponding increase of counterfeiting activities in these areas has become one of the most important
issues relating to the protection of trademark rights.
Goods passing through FTZ’s or FP’s and transshipped through multiple ports, creates opportunities for
counterfeiters to disguise the true country of origin of goods. Counterfeiters also take advantage of
customs territories where border enforcement for transshipped or in transit goods is known to be weak,
with the intention of passing the goods through those customs territories to their destination.
Counterfeiters use FTZ’s and FP’s to carry out at least three different types of illegal operations:
“Merchants” import shipments of counterfeit goods into the warehouses in the FTZs and then re-export
counterfeit goods to other destinations. Therefore, FTZ’s are not only used to ‘sanitize’ shipments and
documents, thereby disguising their original point of manufacture or departure, but also become
"distribution points' in the supply chain for counterfeit goods.
Counterfeiters import unfinished goods and then “further manufacture” them in the FTZ’s by adding
counterfeit trademarks, or repackaging or re-labeling the goods, and then export those “finished”
counterfeit goods to other countries.
Counterfeiters often completely manufacture counterfeit goods in FTZ.
The Anti-Counterfeiting & Enforcement Committee believes that the unrestricted regimes for
transshipment and transit of goods through FTZ’s and FP’s significantly contribute to the development
and extension of the scale of trafficking of counterfeit goods around the world. Accordingly, the ACEC
recommends this resolution to the INTA board for the following reasons: (1) A fully uncontrolled
transshipment of goods does not sufficiently protect trademark rights; (2) there is a need for a legal
framework for establishing the responsibility of public authorities, especially customs authorities, to apply
border measures for the purpose of undertaking effective actions in relation to goods that under go
transshipment or transit and are suspected of being counterfeits; and (3) there is also a need to alter the
approach of customs authorities, which often tend to treat goods in transit with lesser scrutiny than goods
imported or exported out of the respective country.
Port Functions
Within the port system, one or more organizations fill the following roles:
II. To act as engines for industrialisation and economic growth by attracting foreign direct investments.
Many of the Middle East FTZs are designed to attract foreign direct investors.
III. As experimental laboratories for the application of new policy reforms to be applied later to the larger
national economy. China’s financial, labour, legal and pricing policies were first tested in their FTZs before
being applied to the rest of the economy (Amirahmadi & Wu, 1995).
IV. As a compromise between liberal and protective economic strategy and a gateway to the international
community whilst maintaining protective barriers as in the case of Taiwan and Republic of Korea
(Amirahmadi & Wu, 1995).
V. To facilitate technology and knowledge transfer through the creation of forward and backward linkages.
CONTENT
List of Tables
List of Graphs
Abbreviations
Abstract
Introduction
References
List of Tables
Table 1: Top Ten Developing Countries with Free Trade Zones
List of Graphs
Graph 1: The Share of EPZ export in Total Export
Abbreviations
Abbildung in dieser Leseprobe nicht enthalten
Abstract
In pursuit of development, governments of developing countries have adopted different industrialisation
strategies over the years. One of such approach to industrialisation is export –oriented manufacturing and
the common policy instrument adopted to stimulate commercial export has been the establishment of free
trade zones.
This paper tries to find out the possible benefits and disadvantages associated with the creation of free
trade zones as a strategy for industrialisation. The first part tries to explain what constitutes free trade zone
by various authorities on the subject, the types and origin of free trade zones. The second part identifies
the various posits on the impact of free trade zone. The third section identifies some of the benefits and
shortcomings of free trade zones as an industrialisation strategy. The final part makes up the conclusion
and recommendations.
Introduction
The export capacity of a country represents an important pathway to development for several reasons. For
instance it generates foreign earnings, increases employment and the gross national product of the country.
In an attempt to increase national exports, governments create free trade zones (FTZs) to attract foreign
investors usually by exploiting their comparative advantage. More than 100 developing and transition
economies currently implement some form of free zone policy for the supply of goods and services to
foreign markets. These zones are characterised by incentives or privileges that enable investors to
maximise profits and allow for all types of trade, industrial or service activities. The main reason for the
proliferation in the use of this policy tool is the apparent success of these zones in some countries and the
confluence of four trends: a) the increasing prominence of export-oriented growth; b) the increasing
emphasis on FDI-oriented growth; c) the transfer of production of labour intensive industries from developed
countries to developing countries; and d) the growing international division of labour and global production
networks (Engman et al, 2007). Today, different types of zones have been established throughout the world
especially in developing countries (see Table 1) to stimulate export growth, spearhead industrialisation and
achieve development.
Although FTZs may be designed and created for different reasons and, as a result, the characteristics that
define the concept have been described in many different ways, it appears that a few common
characteristics are standard features of the modern FTZs. An example is the incentives generally provided
by governments for cooperation within the zone that may include fiscal incentives – exemption from some
or all export taxes, duties on imports of raw materials/intermediate goods, profit taxes, VAT, free profit
repatriation; direct subsidies like water and electricity rates; indirect subsidies like grants for training and
education, free provision of physical infrastructure - transport, telecommunication, production space,
residential and commercial facilities; administrative services – fast track customs services; simplified
licensing procedures; dedicated legal framework; relaxed regulatory environment - easy foreign ownership
procedures, leasing and purchasing land, labour law and environment regulations; and export promotion
services in the form of business advisory services, export credit services, sales and marketing support
(Assenza, 2010).
In this light, free trade zones are similar to export processing zones as defined by Milberg and Amengual,
2008 as “regulatory ‘spaces in a country’ aimed at attracting export-oriented companies by offering these
companies special concessions on taxes, tariffs and regulations.” These similarities are further evident in
the International Labour Organization’s definition of export processing zones as ‘industrial zones with
special incentives set up to attract foreign investors, in which imported materials undergo some degree of
processing before being re-exported again’(ILO, 2007). As reiterated by Engman et al 2007, a frequent
reference to EPZs is free trade zones which date back to the 19th century. Moreover, most FTZs located
in developing countries have export processing zones programmes to promote industrial and commercial
exports. Given the similarity, this paper uses the terms interchangeably to refer to all types of zones or
enclaves covered by government policy framework of custom - free manufacturing and services.
In 1975, 79 FTZs existed globally, employing around 800,000 people. The majority of zone enterprises
worldwide were engaged in labour-intensive, assembly-oriented activities such as apparel, textiles,
electrical and electronic goods. In the past years, EPZs have been implemented at two different
developmental stages in developing countries. One set of countries (Mauritius, Dominican Republic, and
China) adopted EPZ policies in the early stages of their industrial development, to act as "engine of growth"
by encouraging production and export diversification to propel their economies into industrialization. A
second set of countries (Tunisia; Malaysia; Indonesia; Honduras) implemented EPZ when they already had
strong industrial production and export sectors (de Armas &Sadni-Jallab, 2002).
Today, it is estimated that there are about 3,000 free trade zones in 136 countries accounting for 68 million
direct jobs ( see Table 2) and over US$500 billion of direct trade-related value (Akinci & Crittle cited in ICC
2013). Additionally, the purpose, activities and ownership of FTZs has changed overtime. Most FTZs are
now established to attract both foreign and domestic companies operating in a variety of activities in both
industrial and service sectors. Similarly, the ownership and administration of these zones are not limited to
government authorities but private or public-private partnership (Table 3 and 4). Female workers account
for 60 – 70 per cent of zone work-force worldwide, a number that has remained consistent since the
establishment of such zones. This is due to the fact that, the industries in the zones are mostly electronic,
textiles and clothing manufacturing fields dominated by female workers who are usually unskilled or semi-
skilled and who would have been out of the labour force without the zone (Amirahmad & Wu 1995). As
such, the percentage of female workforce decreases as the activities in the zones diversifies away from
simple assembly operations towards more technologically advanced sectors (Taylor, 2014; Madani, 1999).
In Malaysian EPZs, for example, 40 per cent of the workers are female, down from 60 per cent two decades
ago.
TD/TC/WP (2006)39/FINAL
III. As experimental laboratories for the application of new policy reforms to be applied later to the larger
national economy. China’s financial, labour, legal and pricing policies were first tested in their FTZs before
being applied to the rest of the economy (Amirahmadi & Wu, 1995).
IV. As a compromise between liberal and protective economic strategy and a gateway to the international
community whilst maintaining protective barriers as in the case of Taiwan and Republic of Korea
(Amirahmadi & Wu, 1995).
V. To facilitate technology and knowledge transfer through the creation of forward and backward linkages.
However, least developed and developing countries with GNP per capita less than US$1,000 per year are
exempted from the prohibition of export subsidies. They lose their exemption status once their GNP per
capita rises to $1,000 for three consecutive years (Assenza, 2010).
While the SCM can affect the use of certain export subsidies, FTZ authorities can still use other incentives
like exemption from indirect taxes, border taxes and import charges to attract foreign investors.
According to Willmore 1985, FTZs help governments to increase national exports at a lower cost, create
employment and increase incomes. However, linkages between the domestic industry and the zones are
rarely created to promote domestic industries.
In a similar light, Amirahmad & Wu 1995 have stated that FTZs fail when used for promoting technological
transfers, the linkage effects, regional development and distort other sectors like agriculture and increase
unemployment as rural workers are attracted to these zones. However, in cases where the industry
produces capital and intermediate goods, skills are developed.
Alavi & Thompson n. d. have also noted that without the creation of FTZs, most developing countries would
have been unable to attract FDIs and benefited from their comparative advantage of labour intensive
capacity. Additionally, it allows firms to avoid protective legislations which are products of the political
process and rather encourage free trade and economic growth.
Johansson & Nilsson 1997 have identified that FTZs may have an indirect beneficial effect - catalyst effect
- as foreign affiliates are attracted to the FTZs, local firms are stimulated to start exporting by showing them
how to produce, market, sell and distribute manufactured goods on the world market.
According to Engman et al 2007, FTZs from an economic point of view are a sub-optimal policy because
they benefit the few and distort resource allocation. However, it may be useful as a stepping stone to trade
liberalisation in certain countries and governments should consider all available policy options by
conducting a thorough cost/benefit analysis before implementation.
In a cost-benefit analyses which tried to quantify the net benefits derived from zone programmes in Asia,
Jayanthakurmaran 2003 found that static benefits were realised in the form of increased inflow of foreign
exchange; land development; improvements in infrastructure; government services; technology
improvements and skills development to the domestic market.
Contrary, O'Malley 1986 in a survey found that FTZs make very limited contribution to the economic
development of a number of Asian countries and may not justify the costs to the host government in terms
of incentives, infrastructure and exploitation of workers.
However, not all zones are able to directly attract foreign investors. An example is the zones in Senegal,
which play a marginal role in attracting FDI into the economy (Assenza, 2010). It must be noted that, the
importance of foreign direct investment goes beyond the provision of needed capital (financial and
machinery) into the economies of developing countries to stimulate industrialisation. The investments of
foreign capital and technology act as a catalyst that demonstrate to domestic firms and employers good
practices and in some cases results in joint business ventures encouraging local entrepreneurs in
developing countries. Two prime cases are Mauritius and Dominican Republic where local firms were
stimulated into export activities. A study of individual, non-traditional, manufacturing industries in 11
developing countries and the conditions behind their successful entry into the global market showed that,
in industries where the country in question had little or no previous experience, affiliates of foreign
multinational enterprises in the zones provided managerial experience, marketing knowledge and relevant
technology that were copied by local firms (Rhee & Belot 1990). According to Madani 1999 however, the
demonstrative effect of FDIs in zones are becoming less relevant because of globalisation and regional
integration agreements that provide an alternative source to ‘knowledge packages’ and technology
transfers.
Notwithstanding the beneficial contribution of FDIs, the expected share of these investments is sometimes
over estimated. The cost of infrastructure development, public services and other administrative costs
involved in establishing sustainable FTZs can sometimes outweigh the foreign investments in the zones,
consequently, diverting national resources from more viable alternatives for industrialisation. Governments
of developing countries should, therefore, undertake a careful cost-benefit analysis before operating such
zones (Assenza, 2010).
One of the primary benefits of creating FTZ is the generation of foreign exchange earnings to enable
governments to acquire imports needed for the rest of the economy (Madani, 1999). This helps developing
countries to import goods and materials needed to improve the industrialization of domestic firms and
increase government revenue for development. Foreign exchange earnings from exports, however, depend
on the source of inputs since most FTZ firms are usually involved in the labour intensive part of the
production process in garment and electronics sectors. And most of the inputs are imported rather than
sourced locally; the foreign exchange effect may be much smaller than the percentage of FTZ exports in
total may imply. Benefits are greatest where backward linkages have been developed like in Korea and
Chinese Taipei but such effects have been much more limited in other countries.
As an effective tool for industrialisation, linkages must be created with the rest of the economy as this will
generate profit for domestic businesses and ensure a continuous interest in the zones. And for linkages to
be created depends on the country’s circumstances and structure of the economy. Governments should,
therefore, consider all available policy options through a cost-benefit analysis and bear in mind that
successful zones depend strongly on external factors like private investment and the international market,
which are unpredictable and as such endeavour to minimise upfront cost whenever possible.