Local Content Policies Design and Implementation
Description: Local Content Policies Design and Implementation Issues Conference on Local Content Policies in the Oil, Gas and Mining Sectors Vienna, October 1, 2013 Local Content Mechanisms Framework Voluntary scheme Company dependent Non-binding
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slide1. Local Content Policies Design and Implementation Issues Conference on Local Content Policies in the Oil, Gas and Mining Sectors
Vienna, October 1, 2013<br>
slide2. Local Content Mechanisms Framework Voluntary scheme – Company dependent
Non-binding framework – Chile
Legislation – Timor-Leste
Contracts – Worldwide
Bids – Brazil Definition What does local content include?
Legal loopholes – what is a “local company”?
Local vs. National Content 2<br>
slide3. Trade and Investment Treaties WTO: Aim to lower tariffs and non-tariff barriers
Limiting performance requirements related to trade in goods (TRIMs Agreement in 1995)
Limiting performance requirements related to trade in services (GATS Agreement in 1995)
Limiting performance requirement related to government procurement (GPA Agreement in 1996)
Bilateral and Multilateral Trade and Investment Treaties
International investment agreements with Japan, USA, Canada and others forbid performance requirements beyond TRIMs
NAFTA: Example of Mobil vs. Canada case 3<br>
slide4. Implementation 4<br>
slide5. Holistic Approach 5<br>
slide6. Questions Are market forces sufficient to increase local content?
Should future trade and investment treaties further restrict domestic local content policy discretion?
What is the principle stumbling block in practice for the successful implementation of a binding local content policy? 6<br>
Vienna, October 1, 2013<br>
slide2. Local Content Mechanisms Framework Voluntary scheme – Company dependent
Non-binding framework – Chile
Legislation – Timor-Leste
Contracts – Worldwide
Bids – Brazil Definition What does local content include?
Legal loopholes – what is a “local company”?
Local vs. National Content 2<br>
slide3. Trade and Investment Treaties WTO: Aim to lower tariffs and non-tariff barriers
Limiting performance requirements related to trade in goods (TRIMs Agreement in 1995)
Limiting performance requirements related to trade in services (GATS Agreement in 1995)
Limiting performance requirement related to government procurement (GPA Agreement in 1996)
Bilateral and Multilateral Trade and Investment Treaties
International investment agreements with Japan, USA, Canada and others forbid performance requirements beyond TRIMs
NAFTA: Example of Mobil vs. Canada case 3<br>
slide4. Implementation 4<br>
slide5. Holistic Approach 5<br>
slide6. Questions Are market forces sufficient to increase local content?
Should future trade and investment treaties further restrict domestic local content policy discretion?
What is the principle stumbling block in practice for the successful implementation of a binding local content policy? 6<br>