Project Completion Report Please submit through your APEC Secretariat Program Director within 2 months of project completion. SECTION A: Project profile Project number & title: Time period covered in report: Committee / WG / Fora: Project Overseer Name / Organization / Economy: CTI 11 12A APEC Training Course on Building and Enhancing FTA Negotiation Skills on SPS Date submitted: January March 2012 – March 2013 27th, 2013 Committee on Trade and Investment Mrs Pham Quynh Mai Multilateral Trade Policy Department, Ministry of Industry and Trade Viet Nam SECTION B: Project report and reflection Briefly answer each of the questions below. Section B should be a maximum of 2-3 pages, inclusive of the questions and tables provided. 1. Project description: In 3-4 sentences, describe the project and its main objectives. This project is one of the activities under the Action Plan Framework for Regional Economic Integration (REI) Capacity Building Needs Initiative (CBNI) initiated and proposed by Korea since 2010. This project aims at: Increased knowledge and capacity of negotiators and policymakers, with practical relevance, to participate in SPS negotiations; Increased knowledge of reference sources in SPS (academic references; feasibility studies and texts of FTAs that have been implemented); Share best practices and experiences in preparing for RTAs/FTAs negotiations and for a vision of an FTAAP; Identify domestic issues to be addressed (regulations/ policies), including unnecessary SPS related barriers to trade, to prepare for participation in FTAs/FTAAP; 2. Meeting your objectives: Were the proposed objectives of the project met? If so, please describe how. If not, please include any major changes to the proposed scope of the project. Please outline any problems you may have encountered that resulted in delays to the delivery of the activity. Through the presentations of speakers and active engagement of participants, the proposed objectives of the Training Course were duly met. 3. Evaluation: Describe how you evaluated the project upon completion? Detail the results of the evaluations conducted, if any (e.g. participant evaluation, peer review of publication, measurement of indicators, statistics demonstrating use of outputs etc.). At the end of the Training Course, an evaluation form was circulated to all participants to comment on the outcomes of the Training Course. The organizing committee compiled all comments and reflected them into the final report, which was submitted to the APEC Secretariat for CTI’s circulation and information on January 14th, 2013. The Project Organizers would also evaluate the project effectiveness by sending out the follow-up survey to participants in March 2013 after conducting the Training Course. Participants will be asked to fill in the survey on information such as their improvements in terms of skills and knowledge after the Training Course, improvements in their work performance (if any) with the increased knowledge and skills, etc. If possible, participants may provide in the survey the application of the skills and knowledge that they gain from the Training Course in their current SPS negotiations. Participants will be requested to to return the filled-in evaluation form to the Project Organizers in the last week of March 2013. 1 4. Key findings: Describe the main outputs delivered and any broader outcomes achieved as a result of this project. For example have there been any capacity building outcomes, policy or operational changes, or changes to standards or systems as a result of this activity? Describe how project outputs relate to fora/sub fora/working group strategic and medium-term priorities and strategic priorities. Please provide examples of important findings or lessons learned arising from the project. Main outputs of the project are a set of Training Course materials that might be used as a reference tools for current and potential negotiators that will or have participated in SPS negotiations. Another output of the project is a summary report which is attached as appendix D of this completion report. The Project is under the Action Plan Framework for Regional Economic Integration (REI) Capacity Building Needs Initiative (CBNI) to strengthen and deepen regional economic integration, and facilitating the realization of FTAAP. This project was designed to put into action APEC Ministers’ instructions to build capacity to strengthen and deepen REI, and to facilitate the realization of FTAAP (APEC 2011 Ministerial Meeting statement). 5. Next steps: Describe any follow-up steps or projects that are planned following the completion of the activity such as post-activity evaluations or tracer studies planned to assess the impact of this activity? Have the results of the activity been disseminated to participants and other stakeholders and how? What are (if any) any flow-on effects from this activity? How will this activity inform any future APEC activities? As mentioned in the Summary Report, it is highly recommended to further this kind of Training Course within APEC in forms of the training course on negotiation skills/techniques. With regard to this project, the 2nd evaluation form was formulated and will be circulated to all participants during the week of March 04th, 2013 for filling and comments to assess the impact of the Training Course. Based on the summary report and this responsed evaluation, the project overseers will consider and proposed future activities under the REI CBNI. 6. Feedback for the Secretariat: Do you have any suggestions for more effective management of projects in the future? Any assessment of consultants, experts or participants that you would like to share? (The Secretariat collates and examines feedback to identify trends for ongoing evaluation of our project management and/or communications systems.) The PO would like to thanh the APEC Secretariat, especially Ms Catherine Wong (Program Director) and Ms Mary Tan (Program Executive), for their cooperation and effective management of this project. 2 7. Participant information: Please provide details, where applicable. Insert rows as needed. # female Details (further details please see the Economy # male Australia 1 Speaker Chile 1 Participants Indonesia 1 Participant List) 1 2 participants Korea 1 Participant Malaysia 1 Participant Mexico 1 Participant New Zealand 1 Participant The Philippines 1 Russia 1 1 1 speaker, 1 participant Participant Singapore 2 Participants Chinese Taipei 2 Participants Thailand 2 Participants USA 1 Viet Nam 17 Speaker 9 Other: OECD Viet Nam Chamber of 2 speakers and 24 participants 1 Speaker 2 1 speaker, 1 participant Commerce and Industry Food and Agriculture 1 Participant Organization of the United Nations Total 25 25 8. Outputs: Please provide details, where applicable. Change headings or insert rows as needed. # planned # actual # of workshops / events 01 01 # of publications distributed N/A # of CDs distributed N/A # of websites created N/A Details SECTION C: Budget Attach a detailed breakdown of the APEC- provided project budget, including: Planned costs (using most recently approved budget figures): 118,548 USD Actual expenditures: Please work with the APEC Secretariat as PO is not sure of the payment paid to APEC-funded speakers and participants All Figures in USD # of Units Unit Rate APEC Funding (planned) APEC Funding (actual) 3 All Figures in USD # of Units Unit Rate APEC Funding (planned) APEC Funding (actual) Speaker’s honorarium (government officials ineligible) 6 1,000/ person 6,000 1,000 Short-term clerical fees 50 hours (3 persons) 20 USD 3,000 3,000 Contractor (including Researcher) fees 100 hours (2 persons) 80 USD 12,000 12,000 Contractor’s secretary fees 80 hours (2 persons) 20 USD 3,200 3,200 Per Diem of speakers (incl. accommodation and “75% additional payment”) 6 persons for 4.75 days 164 USD/day 4,674 Information on actual expenditure will be provided by the APEC Secretariat Airfare of speakers 6 persons 3,500 (average) 21,000 Information on actual expenditure will be provided by the APEC Secretariat Per diem (incl. accommodations and “75% additional payment”) 20 persons for 4.75 days 164 USD/day 15,580 Information on actual expenditure will be provided by the APEC Secretariat Airfare (restricted economy class) 20 persons 43,094 Information on actual expenditure will be provided by the APEC Secretariat Photocopying 25,000 copies 1,000 1,000 1,000 1,000 9,000 6,000 0,1 USD/page Communications (telephone, fax, mail, courrier) Hosting (provide breakdown, e.g., room rental, stationery) (units as appropriate) 3,500 x 3 days 4 COMPLETION REPORT Variance notes: An explanation of any budget line under- or over-spent by 20% or more. SECTION D: Appendices or additions Please attach any of the following. This information will help us better understand your project, support overseers of similar projects and plan for future projects. List of experts or consultants utilized, with job titles and contact details, gender disaggregated where possible. List of participants, with job titles and contact details Event agendas Links to any relevant websites or online material (e.g. reports, resources created) Results of participant feedback or other project evaluation (raw and/or analyzed) Any other relevant information or resources that would help us learn more about your project FOR APEC SECRETARIAT USE ONLY APEC comments: Were APEC project guidelines followed? Could the project have been managed more effectively or easily by the PO? 5 COMPLETION REPORT APPENDIX A List of speakers or consultants utilized 1 2 3 4 5 6 7 8 USA Mr Richard D. White Consultant, RDW Global Consulting Australia Mr Dominic Pyne Counsellor (Agriculture), Australia Embassy in Bangkok OECD Ms Linda Fulponi Senior Economist The Philippines Ms Carolyn Castro Planning Officer IV, Policy Research Service, Department of Agriculture Viet Nam Dr Nguyen Thi Thu Trang Deputy Director, Vietnam Chamber of Commerce and Industry Viet Nam Dr Le Thanh Hoa Deputy Director, SPS Office leehoa@gmail.com Viet Nam Mr Tran Viet Cuong Program Officer, SPS Office Cuongtv.htqt@mard.gov.vn Nguyen Hong Ngoc Consultant Viet Nam Ms Richard.d.white@gmail.com Dom.pyne@dfat.gov.au Linda.fulponi@oecd.org Allenccastro16@yahoo.com Note: Carolyn is funded as travel-eligible participant trangntt.hanvcci@gmail.com ngocnguyen3310@gmail.com 6 COMPLETION REPORT APPENDIX B List of participants 1 Chile 2 Malaysia 3 Phillipines 4 Mr Fernando Acuna Advisor SPS Issues General Directorate of International Economic Affairs, Regulatory Department facuna@direcon.gob.cl Rozilawati binti Mohd Azman Assistant Director Department of Agriculture, Malaysia rozilawati.azman@gmail.com Mr Gerald Glenn Panganiban Plant Quarantine Officer Bureau of Plant Industry gerald_glenn97@hotmail.com Phillipines Ms Carolyn C. Castro Planning Officer IV Policy Research Service, Department of Agriculture allenccastro16@yahoo.com 5 Russia Mr ALEXEY SLEPCHENKO Deputy head of the Department Federal Service for Consumers’ Rights Protection and Human Well-Being of the Russian Federation (Rospotrebnadzor)/ State Sanitary Surveillance organization slepchenko_av@gsen.ru; alltheus@mail.ru 6 Thailand Nalintib Homvisetvongsa Trade officer, Professional Level Ministry of Commerce/ Department of Trade Negotiations Nalintibh@dtn.go.th; Nukeng@yahoo.com 7 Thailand Ms Walaikorn Rattanadechakul Agricultural Research Officer, Senior Professional Level Plant Protection Research and Development Office/ Department of Agriculture/ Ministry of Agriculture and Cooperatives walaikornr@yahoo.com 8 Indonesia Ms Sophia Setyawati Deputy Director for Quarantine Cooperation Indonesia Agricultural Quarantine Agency sophia_setyawati@yahoo.com 7 COMPLETION REPORT 9 Indonesia Mr Mohamad Iqbal Djamil Assistant Deputy Director for Trade in APEC Directorate of APEC and Other International Organizations Cooperation, Ministry of Trade iqbal.djamil@gmail.com 10 Mexico Mr Rubisel Velazquez Lugo Department Chief for Negotiations of Sanitary and Phytosanitary Measures Direction General of International Trade Rules, Undersecretary of Foreign Trade, Secretary of Economy rubisel.velazquez@economia.gob. mx OTHER PARTICIPANTS 1 Singapore Ms Sarah Soon Assistant Director Ministry of Industry and Trade Sarah_soon@mti.gov.vn 2 Singapore Ms Jiaying Su Assistant Director Ministry of Industry and Trade Su_jiaying@mti.gov.vn 3 Chinese Taipei Ms Yi-ting Kao Section Chief Taiwan Food and Drug Administration Emily.kao@fda.gov.tw 4 Chinese Taipei Ms Wha-shin Hsu Section Chief 5 Viet Nam Mr Hoang Van Phuong Director 6 Viet Nam Ms Phung Thi Lan Phuong Officer 7 Viet Nam Ms Pham Thi Phuong Bureau of Animal and Plant Health Inspection and Quarantine, Council of Agriculture, Executive Yuan Ministry of Industry and Trade Vietnam Chamber of Commerce and Industry Ministry of Industry and Trade 8 Viet Nam Ms Tran Thuy Dung Viet Nam SPS Office Dungtt.htqt@mard.gov.vn 9 Viet Nam Mr Nguyen Van Canh Official Ministry of Industry and Trade canhnc@moit.gov.vn 10 Viet Nam Mr Tran Huu Cuong Deputy Dean Ha Noi University for Agriculture trancuong@hua.edu.vn 11 Viet Nam Ms Do Tuyet Mai Lecturer Ha Noi University for Agriculture Dotuyetmai88@gmail.com 12 Viet Nam Mr Nguyen Duc Bach Lecturer Ha Noi University for Agriculture ndbach@hua.edu.vn 13 Viet Nam Mr Nguyen Xuan Canh Lecturer xuancanh@gmail.com 14 Viet Nam Mr Tran Viet Phuong Official Ha Noi University for Agriculture Ministry of Industry and Trade/ Europe Department wshsu@mail.baphiq.gov.tw phuonghv@moit.gov.vn phuongptl@vcci.com.vn phuongpth@moit.gov.vn phuongtvi@moit.gov.vn 8 COMPLETION REPORT 15 Viet Nam Mr Le Phuong Official Ministry of Industry and Trade/Department on Africa, West Asia and South Asia phuongl@moit.gov.vn 16 Viet Nam Ms Nguyen Tu Anh Official Ministry of Agriculture and Rural Development Anhnguyen_gmul@yahoo.com 17 Viet Nam Mr Nguyen Duc Minh Official Ministry of Agriculture and Rural Development Nguyenminh2011@gmail.com 18 Viet Nam Ms Nguyen Man Ha Anh Official 19 Viet Nam Mr Nguyen Phu Thai Deputy Director 20 Viet Nam Mr Tran Phuong Deputy Director Ministry of Agriculture and Rural Development phuongkh@dah.gov.vn 21 Viet Nam Mr Bui Hong Duong Director Ministry of Industry and Trade duongbh@moit.gov.vn 22 Viet Nam Mr Do Ngoc Hung Director Ministry of Industry and Trade hungdn@moit.gov.vn 23 Viet Nam Ms Ho Thi Kim Chi Deputy Director Ministry of Industry and Trade chihk@moit.gov.vn 24 Viet Nam Mr Do Duy Khanh Official Ministry of Industry and Trade khanhdd@moit.gov.vn 25 Viet Nam Mr Le Tuan Anh Official Anh.le@neu.edu.vn 26 Viet Nam Mr Nguyen Thanh Long Official 27 Viet Nam New Zealand Ms Vuong Khanh Ly Mr Alistair Crozier Official Deputy Head of Mission National Economic University National Committee for International Economic Integration Embassy of Korea to Viet Nam Embassy of New Zealand to Viet Nam 28 Ministry of Agriculture and Rural Development Ministry of Agriculture and Rural Development manhaanh@gmail.com Ngphth2000@yahoo.com.au longnt@moit.gov.vn CROZIER, Alistair (HAN) [Alistair.Crozier@mfat.govt.nz] 9 COMPLETION REPORT APPENDIX C Agenda of the Training Course APEC Training Course on Building and Enhancing FTA Negotiation Skills on Sanitary and Phytosanitary (SPS) Date: December 17th – 18th, 2012 Venue: Pullman Hotel, Ha Noi, Viet Nam Monday, December 17th, 2012 Time 9:00 – 9:30 9:30 – 9:45 Schedule Registration Opening Remarks by H.E. Mr. Tran Quoc Khanh, Vice Minister of Industry and Trade, Viet Nam Day 1: - Understanding SPS Chapter/ Provisions - Prepare for Negotiating SPS Provisions/ Chapter in an FTA Moderator: Ms Pham Quynh Mai, Deputy Director General, Multilateral Trade Policy Department, Ministry of Industry and Trade, Viet Nam The necessity of having SPS Provisions/Chapter in FTAs The presentation(s) will review the use of SPS as disguised trade measures and its impact on fair trade 9:45 – 10:30 Case studies on the applications of SPS measures on imported goods in developed and developing economies - Mr Dominic Pyne, Counsellor (Agriculture), The Australia Embassy in Bangkok Dr Le Thanh Hoa, Deputy Director, SPS Office, Ministry of Agriculture and Rural Development, Viet Nam 10:30 – 11:00 Discussions 11:00 – 11:15 Coffee Break SPS Provisions/Chapter in FTAs 11:15 – 11:45 Speakers will present several side agreements on SPS and/or texts of the FTAs relating to SPS 10 COMPLETION REPORT - Ms Linda Fulponi, Senior Economist, Trade and Agriculture Directorate, Agricultural Markets and Trade, OECD 11:45 – 12:15 Discussions 12:15 – 14:00 Lunch Moderator: Ms Linda Fulponi, Senior Economist, Trade and Agriculture Directorate, Agricultural Markets and Trade, OECD Experiences in Coordination and Stakeholder Consultation 15:10 – 15:40 Mr Richard D. White, RDW Global Consulting, the United States Ms Carolyn C. Castro, Planning Officer IV, Policy Research Service, Department of Agriculture, Philippines - Dr Nguyen Thi Thu Trang, Legal Department, Vietnam Chamber of Commerce and Industry Discussions 15:40 – 16:00 Coffee Break 14:00 – 15:10 16:00 – 16:30 - Best Practices in negotiating SPS Provisions/ Chapter in an FTA - Mr Richard D. White, RDW Global Consulting, the United States 16:30 – 17:00 Discussions 17:00 – 17:30 Introduction of the simiulation exercise of Day 2 11 COMPLETION REPORT Tuesday, December 18th, 2012 Time Schedule Day 2: - Mock negotiation Post-negotiation implementation Moderator: Mr Richard D. White, RDW Global Consulting, the United States 9:30 – 11:30 Mock negotiation (Coffee and snack is served outside of the Conference room at 10.30 AM) 11:30 – 12:00 Lessons from mock negotiation 12:00 – 14:00 Lunch Best Practices in Post-negotiation Implementation (Action plan, legislative action plan, cost/opportunities/benefit analysis, dissemination, review) 14:00 – 15:30 - Mr Dominic Pyne, Counsellor (Agriculture), The Australia Embassy in Bangkok - Mr Tran Viet Cuong, Program Officer, SPS Office, Ministry of Agriculture and Rural Development, Viet Nam - Ms Linda Fulponi, Senior Economist, Trade and Agriculture Directorate, Agricultural Markets and Trade, OECD 15:30 – 16:00 Discussions 16:00 – 16:15 Coffee Break 16:15 – 17:00 Training Course’s Wrap-up and Recommendations for Next Steps 12 COMPLETION REPORT APPENDIX D PROJECT’S SUMMARY REPORT 13 COMPLETION REPORT __ _ __ _ __ _ _ __ _ __ _ __ __ _ __ _ __ _ _ __ _ __ _ __ __ _ __ _ _ _ _ _ __ _ __ _ __ __ _ __ _ __ _ _ __ _ __ _ _ APEC Training Course on Building and Enhancing FTA Negotiation Skills on Sanitary and Phytosanitary (SPS) Ha Noi, Viet Nam 17th – 18th December 2012 Summary Report Purpose: Information Submitted by: Viet Nam 14 COMPLETION REPORT APEC Training Course on Building and Enhancing FTA Negotiation Skills on Sanitary and Phytosanitary (SPS) Ha Noi, Viet Nam 17th – 18th December 2012 SUMMARY REPORT Introduction On December 17th - 18th, 2012, the APEC Training Course on Building and Enhancing FTA Negotiation Skills on Sanitary and Phytosanitary (SPS), initiated by Viet Nam and co-sponsored by New Zealand, Peru, and the Philippines, was held in Ha Noi, Viet Nam. Representatives from 14 APEC member economies (Australia, Chile, Indonesia, Korea, Malaysia, Mexico, New Zealand, the Philippines, Russia, Singapore, Chinese Taipei, Thailand, USA, Viet Nam) and international organizations (OECD – the Organization for Economic and Cooperation Development, FAO – Food and Agriculture Organization of the United Nations), together with 7 speakers, totalling approximately 50 government, industry, academic and international organization participants, attended the Training Course. Among 50 participants, 25 were women, accounting for 50 per cent of participants. The Training Course was targeted to increase knowledge and capacity of negotiators and policymakers, with practical relevance, to participate in SPS negotiations. It also aimed at increasing knowledge of reference sources in SPS (academic references; feasibility studies and texts of FTAs that have been implemented). In addition, the Training Course was intended to share best practices and experiences in preparing for RTAs/FTAs negotiations and for a vision of an FTAAP in the APEC region. Last but not least, the Training Course was an opportunity to identify domestic issues to be addressed (regulations/policies), including unnecessary SPS related barriers to trade, to prepare for the participation in FTAs/FTAAP. Background This is the first time for APEC to conduct such a training course specifically aimed at building and enhancing capacity and understanding of SPS considerations and negotiations skills for related stakeholders despite the increasing importance of this issue in FTAs negotiations. This project is, therefore, expected to address the capacity building needs of APEC economies by providing a short training course to equip negotiators, policy makers and academics with relevant information, references, and equivalent skills to participate in SPS negotiations. This project forms from a part of activities under the Action Plan Framework for Regional Economic Integration (REI) Capacity Building Needs Initiative (CBNI) initiated by Korea since 2010. In 2011, APEC Ministers “welcomed the decision to approach capacity building activities with strategic foresight by 15 COMPLETION REPORT undertaking multi-year projects, such as supporting APEC’s work to strengthen and deepen regional economic integration, and facilitating the realization of FTAAP.” The APEC Capacity Building Needs Survey in 2010 and the REI CBNI Policy Training Course in 2011 resulted in an Action Plan Framework which is consisted of 7 fields, namely: services and investment; e-commerce; labour; environment; intellectual property; SPS and rules of origin. Themes covered during the two-day event included: (i) the necessity of having SPS provisions/ chapter in an FTA; (ii) SPS provisions/ Chapter in FTA; (iii) experiences in coordination and stakeholder consultation; (iv) best practices in negotiating SPS provisions/ Chapter in an FTA; (v) simulation exercise; and (vi) best practices in post-negotiation implementation. Discussion Outcomes The APEC Training Course on Building and Enhancing FTA Negotiation Skills on SPS included one and a half days for presentations and discussions on FTA-related SPS chapters and provisions, preparation for negotiating SPS provisions/chapters in an FTA and post-negotiation implementation issues. The Training Course was also consisted of a mock negotiation of 3 Parties, where participants had good opportunities to discuss in groups for one hour and undertake the mock negotiation for another hour. The mock negotiation was overwhelmed with enthusiasm and active discussions of all speakers and participants who played the role of developed, emerged and least developed countries in the negotiation of the issue of private standards. For some participants, it was a rare chance for them to be in a position of negotiators from the other side and understand the background, positions and domestic challenges of other countries. The Training Course also brought about the knowledge of designing negotiation strategies and interdepartment policies and networking. The Training Course’s speakers, with experiences in previous and current FTA-related SPS negotiations, helped participants in building basic views and developing steps and plans for group negotiations. Overall, the Training Course had achieved its main objectives as described in the project proposal in building and enhancing capacity and understanding of participants on FTA-related SPS considerations. Key Issues Discussed The Training Course specifically focused on capacity building and enhancing for negotiators who have participated or potentially will participate in SPS negotiations under an FTA. The Training Course’s speakers and experts from OECD, Vietnam Chamber of Commerce and Industry (VCCI) and APEC economies provided participants with a broad view of the background information on FTA-related SPS chapters/provisions and experiences of economies throughout the Asia - Pacific region. Active participants from the private, public and academic sectors and the sharing of their perspectives also added to the overall success of the Training Course. Opening remarks 16 COMPLETION REPORT In her opening remarks, Mrs. Pham Quynh Mai, Deputy Director General, Ministry of Industry and Trade of Viet Nam stressed the importance of the Training Course in the light that SPS is a complicated issue whereas developing economies has modest knowledge and experiences. She reiterated that building and enhancing FTA negotiation skills on SPS is essential and pragmatic for the benefits of all APEC economies, especially the developing ones. She hoped that with intensive presentations of speakers and active discussions of all participants, the Training Course would offer a worthwhile opportunity for negotiators, policy-makers, and scholars of Viet Nam and other APEC members to exchange and learn precious experience, as well as enhance their knowledge on negotiating SPS issues in FTAs. This would contribute to boosting the efficiency of both SPS negotiations and the implementation of SPS regulations, once the FTAs enter into force. Training Course’s sessions Negotiators and experts provided presentations on the following topics: 1/ To better understand the necessity of having SPS provisions/ Chapter in FTAs, 2 speakers from Australia and Viet Nam reviewed the use of SPS and the impacts on fair trade. They also analysed the application of SPS measures on imported goods in developed and developing countries. Presentation on ‘The Necessity of Having SPS Provisions/ Chapter in an FTA’ by Mr Dominic Pyne (Agriculture Counsellor, the Australia Embassy in Bangkok). This comprehensive presentation included following points: the definition of SPS measures; SPS measures as non-tariff barriers; the role of an SPS chapter; the exclusion of preferential SPS measures in an FTA; types of FTAs; approach to negotiations; convergences and divergences in APEC RTAs/FTAs; SPS Chapters/provisions of APEC economies; Australia’s existing FTAs; Australian FTAs under negotiation; sharing information; and cooperative activities. Presentation on ‘The Necessity of Having SPS Chapter Under Free Trade Agreements’ by Dr Le Thanh Hoa, Deputy Director of SPS Office (Viet Nam) included broad objectives for including SPS in FTAs; types of SPS measures; key provisions of SPS Agreement; the positive implications of an SPS Chapter for developing countries; the costs of SPS compliance; and the key contexts of an SPS Chapter under an FTA. 2/ Ms Linda Fulponi, Senior Economist, from the OECD provided an in-depth presentation on “SPS and Free Trade Agreements: What’s Included?’ She underlined the core SPS principles in terms of transparency, harmonization, equivalence, regionalization and risk assessment. She also examined the coverage of SPS provision/ Chapter in Free Trade and Regional Trade Agreements in ASIAN, Latin American and African agreements. 3/ Speakers from the United States, the Philippines and Viet Nam provided 3 presentations on the topic of experiences in coordination and stakeholder consultation: Mr Richard White from RDW Global Consulting (USA) shared his experiences in coordination. He stated that SPS agencies in the United States are divided into 2 groups of regulatory and economic agencies. He also highlighted the US trade policy regarding coordination process. Mr White introduced an interesting case study on the SPS negotiation between the US and country “Q” and withdrew some lessons learned from the case study, including the importance of consultation with US agricultural interests and US Congress during the FTA negotiations, long-term technical assistance programs, the importance of decision-making upon SPS market access at working level, and the role of science on SPS market access. 17 COMPLETION REPORT Ms Carolyn Castro from the Philippine Department of Agriculture was tasked to share experiences with coordination and stakeholder consultations in FTA negotiations. She explained the reasons for the participation of the Philippines in FTA negotiations and provided a brief on the country’s FTA engagement in ASEAN and ASEAN Dialogue Partners to date. Ms Castro discussed some issues in coordination within and among different government units as well as with private sector stakeholder consultations. She highlighted concerns over the various levels of development among Parties to FTAs, possible conflicts of interests among stakeholders, different interpretation and understanding about certain SPS concepts and principles, inadequate awareness of the Agreement, among others. She shared that although generally most SPS provisions in FTAs are affirmation of the WTO SPS Agreement and do not go further than the WTO SPS commitments, it is still important that stakeholders are aware and are reminded of the general principles and commitments and their implications. Ms Castro emphasized the critical role of consultations with stakeholders and stated that Government institutions should serve to balance the diverse interests of society. Dr Nguyen Thi Thu Trang, Director of Legal Department, VCCI (Viet Nam) approached the issues with 3 main points: She stressed the needs of consultation from the positions of both negotiators and businesses. Dr Nguyen analysed the situation of consultation in developing countries, with specifications of trade consultation in Viet Nam. She gave an overview of the proceedings of consultation in Viet Nam and the role of VCCI in that process. Dr Nguyen concluded her presentation by explaining the differences of SPS consultation among others. 4/ In the presentation on ‘Best Practices in Negotiating SPS Provisions/ Chapter in an FTA’, Mr Richard White outlined 4 points: the importance of preparation before the negotiation; understanding your own negotiation team; get to know and learn about other teams; the necessity of negotiating texts that can be implemented in reality. 5/ Speakers from Australia, Viet Nam and the OECD provided 3 presentations on the topic of best practices in post-negotiation implementation. Mr Dominic Pyne (Australia) presented on implementation process, participation of relevant agencies, monitoring and review and the evolution of FTAs world-wide. He also highlighted 2 typical examples of Thailand – Australia Free Trade Agreement (TAFTA) and Australia – United States Free Trade Agreement (AUSFTA). Mr Tran Viet Cuong, Program Officer, SPS Office (Viet Nam) gave an overview on Vietnam’s FTA engagement, forms of commitments and levels of commitments. He explained in details SPS cooperation and developments under the Free Trade Agreements of ASEAN, ASEAN-Australia-New Zealand, ASEAN-Korea, and ASEAN-China. Moreover, Mr Tran introduced the SPS Office of Viet Nam and relevant experiences in inter-agency coordination. He emphasized the importance of coordination, finance, monitoring and review, and technical assistance in the post-negotiation implementation. Ms Linda Fulponi (OECD) presented on the issues that need to be addressed in post-negotiation implementation. Among factors that are required in implementing SPS commitments, she briefly introduced to the Training Course’s participants the SPS management systems and their according needs of assessments. Ms Fulponi also noted the role of technical committees in the implementation process. Furthermore, she listed other crucial factors such as transparency, equivalence, harmonization and improvements of compliance. Mock negotiation During the mock negotiation, participants were divided into 3 groups of countries (developed, emerged, least developed ones) to prepare and negotiate the issue of private standards under an SPS Chapter in a FTA. 18 COMPLETION REPORT Participants had one hour to discuss at group level, with assistance and advice of speakers, to prepare for the group’s views and strategies to negotiate. The one-hour mock negotiation took place enthusiastically with 3 leaders of 3 groups to represent their groups to negotiate. The negotiators were reserved, polite but also firm on their countries’ positions. As private standards are complicated and controversial, groups were given break time to “go back” to their home countries for domestic consultation before undertaking the 2 nd round of negotiation, which took place in the same morning at the Training Course. The exercise on mock negotiation was evaluated to be useful and helped to increase the skills of negotiations. Conclusion and Recommendations In the Training Course’s closing remarks, Mrs. Pham Quynh Mai, Deputy Director General, Ministry of Industry and Trade of Viet Nam, commended the speakers and participants on a very successful and productive Training Course. She thanked the organizers, co-sponsors and distinguished speakers and participants from government, academic and international organizations, for sharing their valuable experiences and invaluable insights. The Training Course concluded with a discussion of possible future activities and continuing work to improve the capacities to participate in FTA-related SPS negotiations and sharing best practices. Follow-up training course should consider the following topics: 1. In terms of theory: The following topics can be considered to be addressed at the course: Skills to negotiate internally with domestic stakeholders; Risk and impact assessment; Dispute settlement; How to balance interests of Parties; Combine APEC Training Courses with trainings of WTO/ ADB/ APEC SCSC (Food Safety forum) 2. Mock negotiation: Participants highly recommended to include mock negotiation in future training course and more time should be allocated for this exercise, probably on daily basis after each theory session, so that participants will have chance to practice negotiation skills. Additionally, different groups may take bilateral consultation with each other. To prepare for the mock negotiation, there should be specific guidances/ information that can be handed out or emailed to participants prior to the training course. The organizers might also think of multiple ways of conducting the mock negotiations, including bilateral and multilateral negotiations as well as changing of partners. There should also be one session for stakeholder consultation. 19 COMPLETION REPORT A special training on negotiation skills and techniques (eye contacts, behaviours, attack and defence) is also very important and highly recommended. It could be combined in a Training Course with a specific topic. 3. Participation of stakeholders: More involvement of various stakeholders, such as academia, NGOs, business (or private sectors). 20