 |
|
|
|
|
| |
SERVICE WTO - GATS AND ACCOUNTANCY
PROFESSIONALS MOVEMENT-CA. Manindra K. Tiwari
|
| |
Vigorous growth with strong macroeconomic
fundamentals has characterised developments in the
Indian economy since long and continued with high
acceleration.
Growth rate of 9 percent and 9.2 percent in 2005-
2006 and 2006-2007 respectively by most accounts
surpassed expectations of the World. In our economy
services contributed as much as 68.6 percent of the overall
average growth in GDP in the last five years between 2002-
2003 and 2006-2007.The export of services during the last
few years and particularly has increased threefold during the
last three years; in 2005-06, with a growth of 42 percent, it
reached US$ 61.4 billion. In 2005, while India’s share and
ranking in the world merchandise exports were 1 percent
and 29, respectively, today its share and ranking in world
commercial services’ export was 2-3 percent and 11
respectively. By growing faster than merchandise exports,
services exports constituted almost 60 percent of
merchandise exports in 2005-2006. Today India is one
of the largest workers’ remittances receiving country in
the World. In fact remittances by Indian workers
accounted for 13-15% of the total remittances to all
developing countries. Remittances received by India
constitute 3% of the GDP and finance almost the entire
trade deficit. |
| |
World Trade Organisation (WTO) & General
Agreement on Trade in Services GATS: |
To achieve this mind blowing figures in economy the
GATS as concluded during the Uruguay Round of WTO is
perhaps the single most important development in the
multilateral trading system has played the crucial role. The
scope of the GATS rules encompasses all forms of
international trade in services except those “supplied in the
exercise of Governmental Authority”. It is of substantial
interest to the world economy as it has the potential to
strengthen economic reforms, to stimulate investment and
capital mobility worldwide, and to create an institutional
framework in various services transactions and also provides
an international as well as a multilaterally accepted legal framework for the promotion of liberalization of trades in
services. |
| |
Basic Principles of GATS |
- Most favoured nation treatment: Treat equally to all
members services suppliers i.e. no discrimination
among member countries.
- National Treatment: Foreign services and services
suppliers to be treated no less favourably than their own
national services;
- Progressive Liberalization: The process of liberalization
is irreversible because of binding commitments on the
negotiated levels of market access;
- Transparency: All policies related to barriers to market
access and discriminatory restrictions by the Members
are to be notified.
|
| |
GATS various modes of supply of services: |
This has been defined under the GATS in terms of four
modes of delivery viz. - Cross Border Supply (Mode 1): Services are supplied
from one country to another country (e.g. International
telephony)
- Consumption abroad (Mode 2): Consumers make use
of a service in another country (e.g. Tourism)
- Commercial presence (Mode 3): A foreign firm sets up
subsidiaries or branches in another country (e.g.
opening a consultancy firm on foreign soil)
- Movement of natural persons (MNP) - (Mode 4):
Individual move from their own country to supply
services in another country (e.g. persons working on
foreign soil on a contract and time bound basis) but on
temporary basis only.
|
| |
Movement of natural persons (MNP) - Mode 4: |
WTO members’ commitments under this mode
normally relate to the temporary admission of foreign
nationals or foreign permanent residents as service
providers in their territory. This “temporary” presence means a presence between 90 days to 5 years but not of
permanent nature. The role of movement of skilled
professional’s mode 4 in GATS for circulating knowledge
and promoting technological development is widely
recognised now a days. Such movement enables countries
to sustain fast growth without being limited by shortage of
key workers, particularly in skill-intensive sectors. While on
the one hand, temporary migration enables developed
countries to have access to working age and skilled
immigrants who have a positive impact on host countries
economy, such movements also benefit developing
countries like India by enhancing foreign exchange earnings
as well as bringing in knowledge of new technologies and
global practices. GATS plays a significant role in creating
further opportunities for temporary workers. The GATS
allows member countries to assume legally binding
commitments concerning their use of trade related
measures in individual service sectors. These commitments
are laid down in country schedules for each member. By
establishing guidelines for movement of service suppliers,
Mode 4 of the GATS can facilitate greater flows and reduce
the delays and uncertainty involved in entering a foreign
market. |
| |
Current Scenario of Indian Accountancy Sector |
Accountancy services are regulated by the Institute of
Chartered Accountants of India which is responsible for
providing education and training, for ensuring professional
codes of conduct and standards are adhered to, and for
granting recognition to foreign qualifications, among its
other responsibilities. India can also benefit with
liberalization move of GATS specifically in the areas of
Accountancy, including bookkeeping and auditing. India is
having a large supply of trained accountants and also
considerable expertise in booking and auditing. India is also
becoming an attractive location for accounting services for
foreign airlines, banking and finance companies. Recently
few famous foreign airlines like the Swiss Air set up its
accounting head quarters in Mumbai, Singapore Airlines
has opened accounting offices in Bangalore, Lloyds and
Citibank have in- housing accounting centers in India. There
is also a move from the side of professional bodies like
Institute of Chartered Accountants of India (ICAI) to enter
into collaboration with Institute of Chartered Accountants of
Nepal (ICAN) and with Singapore to cooperate in regulating
and developing the profession of chartered accountancy in
the two countries. The most important issue in the present
context of negotiation is Movement of Natural Persons
(MNP). Developed countries have offered very little in
terms of facilitating national treatment or making
administrative arrangements in the area of MNP. At
present their commitments are limited only to business
intra- corporate transferees and commercial presence.
Developing countries like India has abundant supply of
these professionals and can immediately acquire
competitive e advantages if MNP commitments are made
by developed countries. On the other side these
developed countries are having very stringent visa and
quota regulations etc, even for temporary migration ,
there are several restrictive immigration and
administrative procedures. However many of the
barriers faced by foreign service suppliers are often not
apparent. It is difficult to characterise migration from
India, as data on legal out migration is not available on a
regular and systematic basis.
In accountancy services India has limited trade at
present due to various regulatory and other barriers.
However there is a lot of scope for expanding both export
and import of such services in future. The world market for
accountancy services has been growing rapidly. Growth in
world trade and FDI and the increased global presence of
multinationals has contributed to growth in these professional
services which supports businesses. In addition, new fields of
practice have emerged alongwith traditional field like
management consultancy services, business recovery and
solvency, forensic accounting and related information
technology services. In the case of accountancy services it is
the big five accountancy firms based in US that dominate
global trade with estimated market share of 90 percent. |
| |
Conclusions & Recommendations: |
Today, relatively a larger section of the international
business community shares the view that removal of barriers
to the temporary movement of people would benefit both
developed and developing countries. At the same time
developments in global economy have created additional
drivers for the liberalisation of movement of natural
persons. In a world of increasing global business networks
and shortening product cycles, companies need to be able to
move key personnel around the world at short notice and for
short periods to support the production, marketing, sale or
after sale servicing of goods or services. With advancement
in technology more companies including smaller ones are
participating in international trade and the scope and scale
of traded services are growing significantly.
India’s Stand in WTO on the Movement of Natural
Persons India has put forward a number of suggestions on
the WTO platform for improving the MNP mode of trade in
services. The important suggestions can be summarised as
under: - Each country should publish and make freely available
procedures applicable for movement of personnel and
the various entry procedures
- Equal treatment to all foreign nationals
- Standardization / harmonization of qualification and
experience with the help of agreements
- There should be no restrictions on temporary
movement of Professionals
- Salary and wage comparison should not be used as
trade restrictive measures
- Requirements of local competency (Like Economic
Needs Test or local certification cannot be used as nontariff
barrier.
- Data bank should be authentic and available to each as
there is lack of data and information and transparency
of barriers to cross-border transactions and foreign
entry. The effectiveness of GATS agreement in
professional services has further been reduced because
of lack of comparable cross country data in accountancy
services.
The service sector occupies an important role in the
Indian economy in terms of value added employment and
trade. However, the prospects for expanding India’s services
trade will depend greatly on the removal and easing of
various regulatory and other restrictions on entry and
conditions of competition.
The current proposed agreement on accountancy
sector under GATS can be useful for India in number of
ways. This will provide new opportunities for Indian
accounting professionals if the agreements on
qualifications/ domestic regulations and licensing etc are
done in tune with the letter and spirit. Once again if this
agreement is complemented by some substantial
breakthroughs in the area of MNP, then professionals can
move abroad and take up the jobs or set up firms or also
provide online services from WTO. |
| |
|
|
|
|
|
|
|
|
|
Copyright © 2008 NIRC of ICAI ® All rights reserved |
| |