ANNEX A
MERCOSUR ASSOCIATE MEMBERS
BOLIVIA
142. British trading interests with Bolivia
are small (main products: scientific equipment; misc manufactured
goods; industrial machinery; power generation machinery; chemicals
and beverages). Bolivian exports to the UK are higher with the
main products exported being furnishings; fruit and vegetables.
(NB, some official statistics for Bolivian exports suggest much
greater figures, largely because they are distorted by the fact
that a large number of minerals exported by Bolivia are traded
via the London Metals Exchange.)
143. Inward investment is limited almost
exclusively to the hydrocarbons sector with BG the biggest player,
followed at some distance by BP and Shell. Their interests, and
those of possible future investors, are arguably much more important
than the trade dimension. After the traumas of the renationalisation
of the hydrocarbons sector this year, UK investors in the energy
sector are united in their demand for real and permanent legal
security and guaranteed contractual stability over the sort of
time-scale necessary for their investments (20-30 years). The
only other major UK investor in Bolivia is Unilever, which is
manufacturing shampoo and detergents and has a large share of
the domestic market (mostly from acquisitions, a policy which
they are looking to continue).
Trade barriers
144. The main problem that British companies
face is the legal security of their investments. The "nationalisation"
of the hydrocarbon companies, allied to calls by the President
for the nationalisation of some of the mining interests have added
to the sense of uncertainty amongst foreign investors. There is
also the potential difficulty that the Bolivians insist any disputes
arising from such contracts or nationalisations should be resolved
in Bolivian courts, not international ones (despite the existence
of a bilateral IPPA with the UK and with other partners).
145. The Morales government is very strong
on the policy that the Bolivian State should control the natural
resources of the country, rather than foreign companiesthis
has also fed into the idea that electricity and water should not
be allowed to be controlled by foreign investors, which has led
recently to the French company Suez giving up their contract to
run the La Paz water company Aguas de Illimani.
CHILE
146. Having implemented very successful
free trade agreementsmost importantly with the EU and USAChile
has, up until now, paid mere "lip service" to Mercosur.
However, since October 2006 the trading bloc will benefit from
an immediate 40% cut in Chile/Mercosur trade tariffs, plus the
agreement aims to eliminate almost all intra-bloc trade tariffs
within the next eight years. Mercosur members will also gain important
trade access to the Pacific rim through Chilean ports.
147. The UK is considered an important trading
and investment partner with Chile. Whilst the UK is fourth
largest foreign investor in Chile, UK exports are not as successful
as they could be. Whilst UK goods are expensive, value added products
and services can be sold successfully if companies are prepared
to build up relationships over the medium-term and find the right
local partnereg BG Group and ENAP (US$400 million investment).
General knowledge and perceptions of Chile are weak in the UKthe
country is perceived similarly to other South American markets
and it is difficult to convince business interlocutors of the
benefits of getting set up in this stable (political and economic)
market and "work" the rest of the region from a secure,
modern Chilean base.
COLOMBIA
148. One problem Colombia faces is their
perceived bad image abroad. Media tends to concentrate on news
on guerrilla, narco-traffickers and violence, leaving aside any
good stories. Currently, security has improved to the extent that
it is a manageable risk and travelling around the country is less
problematic. This is evident from an increase of 12.3% during
2005-06 of foreign personal and business travellers to Colombia.
Similarly, companies that are established in the market operate
profitably.
149. Although a good number of business
people speak English, it is always recommended to have commercial
information in Spanish and a basic command of the language when
planning to do business in Colombia. British expertise is highly
regarded in the Colombian market. There are many opportunities
for British companies in consultancy, advisory and knowledge transfer
in many sectors.
150. Most goods may be freely imported without
the approval of an official foreign trade institution, except
as required by customs regulations. However trade barriers are
present in the form of sanitary permits/licenses for live animals,
genetic material, food, medicines, and cosmetics. Sanitary protocols
are lengthy and a complex processes that require a significant
amount of lobbying capacity and dedication.
151. A difficulty for investors involves
the instability of the legal and tax frameworks. The frequent
changes make medium to long term planning difficult for companies
looking to do business with Colombia. A clear example is the high
number of tax reforms in the country; in the last 12 years, there
have been 10 consecutive tax reforms. Also, for established companies
in which the nature of their business involves intellectual property,
there is a problem with the high level of piracy, which is very
common in books, CDs, textiles, cosmetics and spare parts. While
the government has made some progress on intellectual property
rights legislation and implementation, mainly as a result of the
Free Trade Agreement signed with the USA, there is certainly room
for improvement.
ECUADOR
152. Ecuador is a founder member of the
Andean Community (CAN), which is formed by Bolivia, Colombia,
Perú and Ecuador. CAN members are associated members of
the South Cone common market MERCOSUR. The Andean countries benefit
from the EU's Generalised System of Preferences and regime. With
a view to strengthening EU-CAN relations following the Guadalajara
and Vienna Summits, the EU is currently preparing for the start
of negotiations for a comprehensive EU-CAN Association Agreement.
153. The Andean Countries have also benefited
from the Andean Trade Promotion and Drug Eradication Act (ATPDEA)
with the US. The ATPDEA gives free access to the US for almost
all products produced in the Andean region. The US also initiated
bilateral Free Trade Agreements (FTA) with each Andean country,
but negotiations with Ecuador were terminated by the Americans
when Occidental Petroleum were expelled from the country for alleged
breach of contract.
154. The future of the CAN is uncertain
due to several factors affecting relations between its member
states and the lack of a unified strategy to discuss commercial
issues as a block with other states. APTDEA will expire on 31
December 2006. The implications of losing these preferences for
the beneficiary countriesBolivia, Colombia, Ecuador and
Perucould go well beyond the economic impact on certain
sectors of their economies in a region that is fragile economically
and vulnerable to the consequences of a renewed pharmaceutical
war. As Colombia and Peru are well advanced in the process leading
to the ratification of FTA's with the United States, the extension
of the ATPDEA is important only as an interim measure to cover
the transition period between its expiration and the entry into
force of the FTA. For Ecuador and Bolivia however, the extension
of the ATPDEA preferences is critical because of the absence of
a new trade agreement with the United States; their preferential
access to the US market will be seriously curtailed at the end
of 2006.
155. EU-CAN talks might also be jeopardised
due to the fact that Ecuador launched an attack on the European
Union's banana import regime at the World Trade Organisation in
November, complaining it was unfair to Latin American producers.
156. In April 2006 Venezuela left the CAN
and joined MERCOSUR. The newly elected President of Ecuador Rafael
Correa who takes office in January 2007 might follow in the footsteps
of Venezuelan President Hugo Chavez and downgrade Ecuador's membership
in the CAN or, instead, join MERCOSUR.
157. Currently the most important trade
barriers affecting Ecuador's trade with the world are corruption
at customs, intellectual property and sanitary and phytosanitary
regulations. There are however no specific trade barriers that
affect trade with the UK.
PERU
158. There is co-operation with Argentina
to produce a regional mining newsletter (Global Miner) to inform
UK companies of the opportunities in the market.
159. There is little contact between other
Mercosur markets unless there are issues affecting them. In the
last two years this has in effect only been exchange of information
on oil and gas matters.
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