Monday, August 24, 2015

Japan-Philippines Economic Partnership Agreement

Japan-Philippines Economic Partnership Agreement
by Daniel Orin Levi Alatraca

Brief Background

                The Japan-Philippines Economic Partnership Agreement (JPEPA) is an economic partnership agreement concerning bilateral investment and free trade agreement between Japan and the Philippines. It was signed by former Japanese Prime Minister Junichiro Koizumi and former Filipino President Gloria Macapagal-Arroyo in Helsinki, Finland on September 9, 2006.

                JPEPA is a comprehensive bilateral trade and investment agreement between Japan and the Philippines aimed at increasing trade and investment opportunities between the two economies. It is the first bilateral free trade agreement (FTA) for the Philippines after 50 years. Other than the Philippines, Japan signed Free Trade Agreements with other economies (Singapore, Mexico, Malaysia, Indonesia, Thailand, and Brunei) and is on various phases of FTA negotiations with three other economies (South Korea, Vietnam, and India).

Trade and Investment with Japan

Japan is the second largest trading partner of the Philippines next to the US. The leading Philippine exports to Japan consist of electronic products, woodcraft furniture, and ignition wiring sets, fresh bananas, and iron ores. Our exports to Japan are asparagus, bananas, papayas, nata de coco, mangoes, chicken, shrimps and prawns, and yellowfin tuna. The leading Philippine imports from Japan consist of electronic products, industrial machinery and equipment, transport equipment, iron and steel and electrical machinery.

Japan is the Philippines’ largest source of foreign direct investments (FDI) in 2005, but slipped to third place behind the United States and Korea in 2006. Under JPEPA, the Philippines and Japan agreed to accord national treatment and most-favored-nation treatment to investors of each Party. This basically means that Japanese investors in the Philippines would be accorded the same privileges and rights as Filipino investors in economic sectors where they are allowed and vice-versa. Furthermore, Filipino nationals would be allowed to practice their profession in Japan subject to certain conditions. The list of professions included are: legal services, accounting and taxation services, architectural and engineering services, computer-related services, advertising and management consulting services, translation and interpretation services, services incidental to agriculture, Audio-visual services, higher education services, tourism and travel services, entertainment services (theatre, live bands), and maritime transport services.

Issues

                One of the main concerns regarding JPEPA is the possibility of having Japan export their waste products and hazardous materials to the Philippines. Such products are included in Article 29 of the agreement, which defines "originating goods”. Under Article 18 of the agreement, both Japan and the Philippines shall either "reduce or eliminate its customs duties," "eliminate other duties or charges of any kind imposed on or in connection with the importation," and take part in "improving market access conditions" for originating goods. JPEPA’s stipulations on the trade of goods and services also set tariff lines between the two countries. The agreement provisions also eases the market access of Philippine products to Japan, boasting that semi-conductors and electronics industry, automotive parts, furniture, and garments industry will benefit the most with the ratification of the agreement. Environmentalists also cry foul over this provision, stating that various laws are bound to be violated if the agreement pushes through.

Aside from local laws, one international treaty is also said to be a direct contradiction to the JPEPA. The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal was ratified in 1989 by 133 countries and is currently adopted by 170 countries, including Japan and the Philippines. It is the most comprehensive global environmental treaty on hazardous and other wastes, addressing cleaner production, hazardous waste minimization and controls on the movement of these wastes.

References:
Agreement Between the Republic of the Philippines and Japan for an Economic Partnership. Full text of the Japan-Philippines Economic Partnership Agreement. The Daily PCIJ. Accessed on 15 April 2008. Retrieved from http://en.wikipilipinas.org/index.php/Japan-Philippines_Economic_Partnership_Agreement_(JPEPA). 24 August, 2015
Alecks P. Pabico (25 October 2006) JPEPA to encourage trade in hazardous and toxic waste. The Daily PCIJ. Accessed on 16 April 2008. Retrieved from http://en.wikipilipinas.org/index.php/Japan-Philippines_Economic_Partnership_Agreement_(JPEPA). 24 August, 2015

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