1. SEOUL INTERNATIONAL FORUM JUNE 2006 THE APPLICATION OF TRADE REMEDIES IN AUSTRALIA’S FTAs

2. The countries that have established free trade agreements with Australia are: –United State of America (AUSFTA) –Singapore (SAFTA) –Thailand (TAFTA) –New Zealand (ANZCERTA)

3. Current FTAs under negotiation are: –Association of South East Asian Nations (ASEAN) –China –Malaysia –United Arab Emirates (UAE).

4. Australia has diverted from the WTO Agreements on FTAs on safeguard measures: –US & Thai agreements include “transitional safeguards” or “bilateral safeguards”. –Not global safeguards in terms of GATT Article XIX and the WTO Agreement on Safeguards.

5. –ANZCERTA and SAFTA do not refer to any safeguard action. –ANZCERTA one of the most comprehensive and liberalising agreements. –Since 1990, neither Australia nor New Zealand may take anti-dumping actions in respect of trans-Tasman trade in goods.

6. Under WTO rules FTAs must liberalise “substantially all the trade” in goods between the participating countries. FTAs must also accommodate sensitivities limited use of bilateral safeguard measures: –For instance, the Aust-US FTA contains bilateral safeguards on Australian exports of beef and some horticultural products.

7. –US & Thai agreements retain rights and obligations on provisions regarding global safeguard measures.

8. Trade Remedies in Australia’s FTAs –trade remedies are WTO rights which should not be diminished or traded off in FTA negotiations. –ensure consistency with our WTO obligations.

9. Customs role in negotiations is by: –participating in whole-of-government discussions –participating in negotiations and bilateral meetings –providing technical advice on customs-related issues –developing draft text on these issues.

10. Key areas that Customs is responsible for, or has an interest in, include: –simplification and harmonisation of customs procedures and customs cooperation –rules of origin and valuation –anti-dumping measures –electronic commerce –enforcement of intellectual property rights