1. SACU Update - A New Vision? SACU Workshop Parliamentary Portfolio Committees 16 March 2011 Trudi Hartzenberg trudi@tralac.org

2. Overview SACU – 100 years on – A New Vision and Mission Intra-SACU Matters: An Agenda for Development? SACU’s extra-regional agenda: South-South Relationships, Intra-African Integration Agenda Conclusions

3. Background Definition of a customs union (single customs territory, common external tariff – CET); this has important implications: - member states give up trade policy space (in particular they implement a common tariff policy – CET). This is different form a free trade area (member states liberalise trade amongst themselves, but maintain their own trade policy towards third parties) - member states decide how to manage the revenue from the common external tariff

4. A New Vision and Mission for SACU At the SACU centenary celebrations in April 2010, a new Vision and Mission were announced: VISION SACU: ‘An economic community with equitable and sustainable development, dedicated to the welfare of its people for a common future’ MISSION (objectives) - To serve as an engine for regional integration and development, industrial and economic diversification, the expansion of intra-regional trade and investment and global competitiveness - To build economic policy coherence, harmonisation and convergence to meet the development needs of the region - To promote sustainable economic growth and development for employment creation and poverty reduction

5. SACU Mission cont’d To serve as a building block for an ever closer community of the peoples of Southern Africa To develop common policies and strategies for areas such as trade facilitation; effective customs controls; and competition To develop effective, transparent and democratic institutions and processes The 2010 Vision and Mission augment the objectives of SACU, Article 2 of the 2002 SACU Agreement NOTE: Important development in 2010 – Meeting of Heads of State and Government (Summit); decision to institutionalise the Summit

6. Intra-SACU Matters 2002 SACU Agreement provides for: - Institutions (Secretariat, Tariff Board, National Bodies, Tribunal, Commission, Technical Liaison Committees, Council of Ministers) - Common policy development (industrial policy, agricultural policy, competition policy, unfair trade practices) - Revenue sharing formula

7. Intra-SACU Matters (cont’d) Status Review: - Legal and Institutional Development (no Tariff Board or Tribunal yet; draft Annex on Tribunal, National Bodies – ITAC and other countries are working on estalishment) - Annexes on competition policy and unfair trade practices have been developed but not adopted/implemented; industrial policy (concept paper developed by South Africa’s dti in 2010) - Review of the Revenue Sharing Formula (recommendations to be considered by Council in April 2011), agreed to in Sept 2009 at a Special Council of Ministers Meeting in Swaziland - Following two meetings of the Heads of State and Government in 2010, a decision to institutionalise a Summit (draft Annex has been prepared)

8. Review of the Revenue Sharing Formula Challenges related to the common revenue pool (keep in mind that the SACU revenue pool is a customs AND excise pool) - Dependence on SACU Revenue by smaller countries (growth of public sectors, narrow tax bases …) - Long-term decline in customs revenue (as a result of tariff liberalisation) - Short-term volatility (pro-cyclical, difficult to predict trade flows) - Import duty exemptions (rebates) – used primarily by South African companies DRAFT Report is available – final report will be considered by Council in April 2011

9. Review of the RSF cont’d Recommendations on a revised RSF must meet the following demands by member states (according to the Study by CIE, Australia) - Compensation (for adverse effects of SACU membership ie loss of control of tariff policy, polarisation, trade diversion, price rising effects of CET) - Development (deeper regional integration, sustainable development, development convergence, strategy coherence/convergence) Based on these two demands/objectives; there is a logic for compartmentalising the contributions to the revenue pool and then tying specific objectives to the revenue streams: i) Import Duties and Compensation (links to discussion about industrial policy) ii) Excise Duties and Development (discussion about a Development Fund is included here)

10. Extra-Regional Developments SADC (all SACU member states are also in SADC) – consolidation of the Free Trade Area (launched in 2008) but there are challenges eg three countries have applied for derogations with respect to tariff reductions (Tanzania, Malawi and Zimbabwe); some countries are keen to establish a SADC customs union, others are not keen. Tripartite Free Trade Area (26 member states of SADC, EAC and COMESA agreed in October 2008 to establish a tripartite FTA); much technical work has been done (Draft Agreement and 14 Annexes) but negotiations have not started yet South-South Relationships: SACU-India, SACU- MERCOSUR, China? (China-South African MOU – Sept 2010), BRICs Economic Partnership Agreements – no agreement yet Others: approaches from Japan, Malaysia, Indonesia, South Korea..

11. Conclusions Key considerations From South Africa’s Perspective - - South Africa’s domestic development challenges (employment, competitiveness) and development agenda (New Growth Path, IPAP) - South Africa’s Regional Strategy (SACU, Tripartite FTA?) - South-South Partnerships (SACU’s trade policy/strategy – beyond trade in goods?)