ࡱ> q Xbjbjt+t+ AAS]xxxxXXXTFbt,FX<1E $ ԨXQ"QQԨxxQNxXhxxxxQ@X<O%dd^PWorld Trade OrganizationRESTRICTED DOCPROPERTY "Symbol1" WT/TPR/S/106 25 September 2002 (02-4953)Trade Policy Review Body TRADE POLICY REVIEW  DOCPROPERTY "Country"\* Upper ZAMBIA Report by the Secretariat  This report, prepared for the second Trade Policy Review of Zambia, has been drawn up by the ϲʹ Secretariat on its own responsibility. The Secretariat has, as required by the Agreement establishing the Trade Policy Review Mechanism (Annex 3 of the Marrakesh Agreement Establishing the World Trade Organization), sought clarification from the Government of Zambia on its trade policies and practices. Any technical questions arising from this report may be addressed to Mr.Jacques Degbelo (tel:7395583) or Mr. Clemens Boonekamp (tel:7395226). Document WT/TPR/G/106 contains the policy statement submitted by the Government of Zambia.  ADVANCE \y 700  Note: This report is subject to restricted circulation and press embargo until the end of the meeting of the Trade Policy Review Body on DOCPROPERTY "Country" Zambia. CONTENTS Page SUMMARY OBSERVATIONS (1) The Economic Environment vii (2) Institutional Framework viii (3) Trade Policy Instruments viii (4) Sectoral Policies ix (5) Trade Policy and Trading Partners x I. THE ECONOMIC ENVIRONMENT 1 (1) Major Features of the Economy 1 (2) Recent Economic Developments 3 (3) Trade Performance and Investment 5 (i) Trade in goods and services 5 (ii) Investment 7 (4) Outlook 9 II. TRADE AND INVESTMENT REGIMES 11 (1) The Institutional Framework 11 (2) Policy Formulation and Implementation 11 (3) Trade Laws and Regulations 12 (4) Policy Objectives 14 (5) Agreements 14 (i) Multilateral agreements 14 (ii) Regional agreements 17 (iii) Other agreements and arrangements 22 (6) Investment Policies 24 (7) Trade-related technical assistance 26 (i) Implementation of legislation 26 (ii) Financial and administrative means to implement ϲʹ Agreements 27 (iii) Notification requirements 28 (iv) Training of officials 28 (v) Negotiating skills 29 (vi) Other areas 29 III. trade policies and practices by measure 30 (1) Introduction 30 (2) Measures Directly Affecting Imports 30 (i) Registration and documentation 30 (ii) Customs inspection and clearance 31 (iii) Tariffs, other duties, and taxes 32 (iv) Customs valuation 38 (v) Import prohibitions, quantitative restrictions, and licensing 39 (vi) Anti-dumping, countervailing, and safeguard measures 39 (vii) Standards and other technical requirements 40 (viii) Government procurement 42 (ix) Local-content requirements 43 Page (x) Other measures 43 (3) Measures Directly Affecting Exports 44 (i) Registration and documentation 44 (ii) Export taxes 44 (iii) Export prohibitions, controls, and licensing 44 (iv) Export subsidies and assistance 45 (v) Export-processing zones 45 (vi) Export promotion and finance 45 (4) Measures Affecting Production and Trade 46 (i) Incentives 46 (ii) Assistance to adjustment, and research and development 47 (iii) State-owned enterprises and privatization 47 (iv) Competition policy 50 (v) Protection of intellectual property rights 52 IV. trade policies by sector 57 (1) Overview 57 (2) Agriculture and Related Activities 57 (i) Main features 57 (ii) Policy developments 59 (iii) Policy by key product category 62 (3) Mining and Energy 66 (i) Mining and quarrying 66 (ii) Energy 70 (4) Manufacturing 72 (5) Services 73 (i) Telecommunications 74 (ii) Transport 75 (iii) Financial Services 77 (iv) Tourism 78 (v) Information Technology 80 REFERENCES 81 APPENDIX TABLES 85 CHARTS Page I. THE ECONOMIC ENVIRONMENT I.1 Sources of imports, 1996-00 7 I.2 Destinations of exports, 1996-00 8 III TRADE POLICIES AND PRACTICES BY MEASURE III.1 Distribution of applied MFN duties, 2001/02 33 III.2 Breakdown of applied MFN duties by sector, 2001/02 34 IV. TRADE POLICIES BY SECTOR IV.1 Average tariff rates by ISIC classification, 2001/02 61 TABLES I. THE ECONOMIC ENVIRONMENT I.1 Main economic indicators, 1996-01 2 I.2 Balance of payments, 1996-01 5 I.3 Composition of imports, 1996-00 6 I.4 Composition of exports, 1996-01 6 I.5 Investments certificates by country of origin, 1995-01 9 I.6 Investment commitments by sector, 1995-01 9 II. TRADE AND INVESTMENT REGIMES II.1 Trade-related legislation in Zambia, 2002 13 II.2 Status of Zambia's selected notification requirements to ϲʹ, as of March 2002 15 III TRADE POLICIES AND PRACTICES BY MEASURE III.1 Alternate tariffs, 2001/02 32 III.2 MFN tariff escalation by ISIC-2 digit categories, 2001/02 35 III.3 State-owned companies, June 2002 49 III.4 Competition cases received, 1998-01 51 III.5 Intellectual property-related applications and grants/registrations, 1994/01 53 IV. TRADE POLICIES BY SECTOR IV.1 Characterization of Zambian Agriculture, 1999 58 IV.2 Production of selected crops, 1998-01 62 IV.3 Agricultural Exports, 1995-98 64 IV.4 Mineral production, 1997-00 67 IV.5 Gross metal receipts, 1996-00 69 IV.6 Selected performance indicators in the tourism sub-sector, 1995-00 79 APPENDIX TABLES Page III TRADE POLICIES AND PRACTICES BY MEASURE AIII.1 Applied MFN tariff statistics, by HS 2-digit, 2002 87 IV. TRADE POLICIES BY SECTOR AIV.1 Applied MFN tariff statistics, by ISIC Rev.2 category, 2002 90 SUMMARY OBSERVATIONS The Economic Environment Since its Trade Policy Review (TPR) in 1996, Zambia has continued to implement its economic reforms launched in 1991. In recent years, the reforms have consolidated the substantial liberalization efforts made during the 1990s, with an emphasis on poverty reduction. The trade regime has remained substantially liberalized. An Integrated Financial Management Information System (IFMIS) is being introduced to modernize financial, administrative, and control systems and to ensure that funds allocated to programmes are expended in a cost-effective and efficient manner. Repurchase operations have been added to the statutory reserve ratio requirement as measures to control the money supply for price stabilization purposes. In general, the reforms have created an environment conducive to economic growth and made Zambia eligible for debt relief under the Enhanced Heavily Indebted Poor Country Initiative. However, Zambia's macroeconomic performance has not been good. Inflation, measured by changes in annual average consumer prices, has remained over 20%; the 2002 drought-related food crisis, the worst since the 1992 drought, is expected to fuel inflation, largely driven by food prices. The Government's domestic borrowing to finance the public deficit has also contributed to maintaining high interest rates; the short- and medium-term lending rate to the private sector was around 46% (per year) in 2001. Zambia's gross international reserves hardly cover one month of potential imports. In addition, continued decline in copper production (by more than 50% since 1970) has led to falls in investment and low economic growth (around 1% per year on average during the 1990s, the lowest growth rate within SADC). Zambia's diversification process has not yet taken hold. The mining and quarrying sector, centred around copper, still accounts for about 70% of the total value of merchandise exports, and contributes around 6% to real GDP. Agriculture, including livestock, fishing and forestry, accounts for some 17% of real GDP and over 70% of employment. Manufacturing contributes around 18% to real GDP, and services nearly 60%. This poor performance has increased poverty: Zambia's GDP per capita was US$302 in 2000 and the share of its population living under the poverty line increased from 70% in 1991 to 75% in recent years. Severe health problems, especially malaria and HIV/AIDS, have also compounded Zambia's development challenges. Moreover, the decision by the Anglo-American Corporation (the main asset owner in the mining and quarrying sector) to discontinue the funding of mining operations in Zambia, further darkens the country's economic prospects. Despite the substantial liberalization of Zambia's trade regime, poor performance by the mining and quarrying sector, and financial difficulties, including depletion of international reserves, have contributed to a decline in the share of its merchandise trade in its GDP from some 62% in 1995 to below 54% in 2000 although an increase to 59% was estimated for 2001. The main imports include machinery, crude oil, chemicals, iron, steel, textiles, and vehicles. Maize is imported according to weather-related needs. Copper and its by-product cobalt still dominate merchandise exports (around two thirds of the total value). The share of non-traditional exports increased from around one fourth in 1996 to about one third in recent years. This was due to falls in metal exports, and to the good performance of horticultural and floricultural products, processed foods, cotton, tobacco, and sugar. In general, Zambia's export markets are more diversified than the sources of its imports. South Africa is the main supplier of imports, followed by Zimbabwe, while Japan is the major destination of Zambian exports, followed by SaudiArabia, Thailand, and India. Zambia is a net importer of services, with increasing deficits on the services account largely attributable to high transportation costs. Institutional Framework The Republic of Zambia, independent since 1964, is a multi-party democracy. Legislative authority in Zambia rests with the Parliament consisting of the National Assembly and the President, who is the Head of State, the Executive Head of Government and the Commander-in-Chief of the defence forces. The President appoints Cabinet members, including the Vice-President, from among members of the National Assembly. The Ministry of Commerce, Trade and Industry (MCTI) is responsible for trade policy formulation and implementation. Other ministries are involved in both formulation and implementation of trade policy, depending on the nature of the issues. Traditionally there have not been national-level reviews of trade policy. Under the authority of the Investment Board, the Investment Centre coordinates government policies on investment, and promotes and facilitates investment in Zambia. Policies, including trade policies, are formulated and implemented by means of legislation. Statutory Instruments may be issued by relevant Ministries (the MCTI for trade-related issues) to enact subsidiary provisions of Acts. The Constitution, and through it Zambian law, takes precedence over international treaties, which once signed by the President, have to be ratified by Cabinet and incorporated into Zambian law, with amendments to the laws as needed. Zambia has recently revised or amended some of its trade-related laws. Zambia is an original Member of the ϲʹ and grants at least MFN treatment to all its trading partners. Zambia is not a signatory to any of the plurilateral trade agreements. It supports the Doha Development Agenda, which it considers as an opportunity to improve the conditions of access for its exports into other markets. Zambia has benefited from regular ϲʹ technical assistance. It has also been assisted by other multilateral agencies and several bilateral development agencies in trade-related issues. It has requested further assistance to, inter alia, amend/revise legislation, improve the quality of its export products, fully implement certain ϲʹ notification obligations, build capacity for negotiations, and improve its reference centre. Zambia participates in regional trade agreements, including the Common Market for Eastern and Southern Africa (COMESA) and the Southern African Development Community (SADC), and benefits from non-reciprocal preferential treatment under the Cotonou Agreement, the Everything But Arms Initiative of the European Union, and the African Growth and Opportunity Act of the United States. Zambia considers regional and bilateral trade agreements as a first step towards greater integration and wider liberalization. However, its membership in several trade agreements, with different provisions, goals, geographical coverage, and trade liberalization agenda, is difficult to manage. Trade Policy Instruments In general, few changes have been introduced to Zambia's MFN trade regime since its first Review in 1996. The simple average rate of its MFN tariff has remained broadly unchanged (13.6% in 1996 and 13.4 in 2002). The tariff, which is Zambia's main trade-policy instrument, still comprises four bands: zero, 5%, 15% and 25%. The coefficient of variation is still around 0.7 and indicates a modest dispersion of tariff rates from one category of products to another. The modal rate, i.e. the most common, is 15% and applies to some 33% of all tariff lines. The maximum rate of 25% applies to consumer and "non-essential" goods. Negative tariff escalation from the first to the second stages of processing has led to widespread duty and tax concessions. The ongoing tariff rationalization process (within the prevailing range of rates) should help to reducing the need for such concessions. In addition to the tariff, Zambia also collects a 17.5% value-added tax on goods and services, and excise duties on selected goods, whether imported or locally produced. In the Uruguay Round, like other ϲʹ Members, Zambia bound tariffs on all agricultural products; some 97% of tariff lines for these products were bound at a ceiling rate of 125% and the others at ceiling rates ranging from 45% to 60%. Tariffs on only 3.6% of lines for non-agricultural products were bound; ceiling rates range from 30% to 60%, with a simple average bound rate of 42%. Other duties and charges on all these products were bound at zero. In principle, customs valuation has been based on the transaction value since January 2000. Zambia has eliminated the: 5% import declaration fee (IDF) deemed inconsistent with its ϲʹ commitments on "other duties and charges"; the preshipment inspection requirement on imports; the "anti-dumping duty" collected (on an MFN basis) on all imports of window and door frames; all export taxes; and all quantitative restrictions. Import controls are maintained only for environmental, sanitary, phytosanitary, moral, health, and security reasons. Several incentive schemes are available, mainly for exporters, and plans exist for the implementation of a 2001 Export Processing Zone Act. However, export prohibition applies to certain logs, and to grain (to forestall shortages in the domestic market, e.g. during drought years). Gemstones and timber are subject to special export controls. Zambia has pursued its privatization programme, though at a slower pace in recent years. The establishment of the Competition Commission in 1997 buttressed the enforcement of the 1994 Competition and Fair Trading Act. The public procurement regime, currently under review, provides for price preferences of between 5% and 20%, subject to a local content of at least 40%. Zambia has no compulsory standards. Provisions of its 1994 Standards Act are to be revised with a view to aligning the activities of the Zambia Bureau of Standards (ZABS) on those of similar foreign entities. Financial constraints already hamper ZABS' ability to carry out its current mandate. Zambia is drafting legislation on safeguards, and intends to amend/revise existing legislation on anti-dumping and countervailing measures, and intellectual property rights to fully align them on the relevant ϲʹ Agreements. Sectoral Policies Mining and quarrying has traditionally been the backbone of the Zambian economy. Copper and its by-product cobalt have been the major products, and have dominated Zambian exports; however, their importance has been declining. Zambia has been one of the leading sources worldwide for both products. Gemstone production has potential to expand, and new efforts are being directed toward it. Coal production has declined. Until recently, activities in the sector were dominated by public enterprises. However, with the privatization of the Zambia Consolidated Copper Mines (ZCCM) in March2000, most are currently privately run. The State still owns the mines, but it transfers the lease to private operators by means of a mining right; there are eight types of rights depending on the nature of activities. Several incentives schemes (e.g.through duty and tax concessions) are available to investors in the sector. Mining and quarrying constitute the least tariff-protected sector of the Zambian economy (8.2% on average). The 2001 decision by the Anglo-American Corporation not to provide additional funding to mining operations further threatens the future of the copper industry, already in difficulties for several years. Agriculture, dominated by small-scale farmers, is the largest employer. Farming is largely based on traditional methods; it is mainly subsistence oriented. Productivity is low and output is dependent on weather conditions. Zambia's large potential in agriculture (e.g.good climate for farming, abundant labour, and water supplies) remains unexploited. Zambia's agricultural policy is aimed at food security, poverty reduction, and promotion of cash crops, mainly as non-traditional exports. Agriculture is the most tariff protected sector (18.7% on average, up from 18.2% in 1996). The planned establishment of a Crop Marketing Authority (as a buyer of last resort in rural areas) will to some extent overturn the reforms in this sector, where all the marketing boards were abolished in the early 1990s. In forestry, the prohibition of log exports seems inconsistent with the relatively high customs tariffs on imports of this product. Manufacturing has strong linkages with the other sectors, primary sectors in particular. It has been dominated by small-scale industries producing mostly for the domestic market. The development of the sector has been hampered by high production costs (high prices of energy, transportation, and telecommunications, and high interest rates), limited access to financing, low capacity utilization, and low quality of products. Moreover, subject to duty and tax concessions, the negative tariff escalation is not conducive to investment in manufacturing of semi-finished goods. Various incentives schemes are available, however, to investors in the sector, and tariff rationalization is under way to reduce the costs of imported inputs not competing with local production. Moreover, the 2001 Export Processing Zones Act is expected to boost manufactured exports. Customs tariffs on manufactured imports average 13.2%, quite close to the overall average tariff of 13.4%. Zambia has traditionally run deficits in its services account due to its landlocked position, high transportation costs, and limited services exports. Export opportunities in the services sector remain largely unexploited; in tourism, for instance, Zambia's attractions compare favourably with those of certain main tourist destinations in Africa. However, inadequacies in infrastructure and marketing/promotion, financial constraints, lack of skilled labour, and a reputation as a high-cost destination have hampered the development of the subsector. The Government has recognized inadequacies in all forms of transport services and has formulated a policy to turn Zambia's landlocked position into an asset, by making it a hub for the expected trade among countries in the region. In telecommunications, the de facto monopoly of Zamtel, a state-owned company, contributes to maintain fixed telephone services prices relatively high. Under the General Agreement on Trade in Services (GATS), Zambia bound, without limitation, measures affecting all modes of supply (except presence of natural persons) for a limited range of services. Trade Policy and Trading Partners Zambia participates actively in the multilateral trading system and in various preferential arrangements to fully benefit from its liberalization efforts through increased trade. However, its membership in overlapping preferential arrangements makes its trade regime more complex and difficult to manage. Moreover, the reforms are yet to show their full effects because of Zambia's continued dependence on copper (an industry in difficulties for several years) despite its diversification efforts, and its poor macroeconomic performance. Improvement of Zambia's low level of multilateral commitments, both on goods and services, would increase the predictability of its trade regime and renders its reforms more credible. Continued structural reforms, including privatization, and further tariff rationalization would contribute to better resource allocation. Such efforts will improve Zambia's ability to attract investment. Zambia has received technical assistance but it needs more in order to address its current major concerns, including its full participation in the multilateral trading system and exploitation of the related opportunities. Trading partners could help by ensuring that their markets are open to Zambian goods, increasingly agriculture products. 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