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RESTRICTED WORLD TRADE WT/TPR/S/150 28 June 2005 ORGANIZATION (05-2611) Trade Policy Review Body TRADE POLICY REVIEW EGYPT Report by the Secretariat This report, prepared for the third Trade Policy Review of Egypt, has been drawn up by the WTO 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 Egypt on its trade policies and practices. Any technical questions arising from this report may be addressed to Mr. Arne Klau (tel: 022/739 57 06; fax: 022/739 57 65) and Mr. Jacques Degbelo (tel: 022/739 55 83). Document WT/TPR/G/150 contains the policy statement submitted by Egypt. Note: This report is subject to restricted circulation and press embargo until the end of the first session of the meeting of the Trade Policy Review Body on Egypt. Egypt WT/TPR/S/150 Page iii CONTENTS Page SUMMARY OBSERVATIONS I. II. III. vii (1) THE ECONOMIC ENVIRONMENT vii (2) INSTITUTIONAL FRAMEWORK vii (3) TRADE POLICY INSTRUMENTS viii (4) SECTORAL POLICIES ix (5) TRADE POLICY AND TRADING PARTNERS ix ECONOMIC ENVIRONMENT 1 (1) MAJOR FEATURES OF THE ECONOMY 1 (2) RECENT ECONOMIC DEVELOPMENTS 2 (3) DEVELOPMENTS IN TRADE AND INVESTMENT (i) Trade in goods and services (ii) Investment 5 5 9 (4) OUTLOOK 10 TRADE AND INVESTMENT REGIMES 11 (1) INSTITUTIONAL FRAMEWORK 11 (2) TRADE POLICY FORMULATION AND IMPLEMENTATION 12 (3) TRADE POLICY OBJECTIVES 13 (4) MAIN TRADE LAWS AND REGULATIONS 14 (5) INVESTMENT REGIME 14 (6) TRADE AGREEMENTS (i) World Trade Organization (ii) Preferential trade agreements (iii) Other arrangements 17 17 19 21 TRADE POLICIES AND PRACTICES BY MEASURE 23 (1) OVERVIEW 23 (2) MEASURES DIRECTLY AFFECTING IMPORTS (i) Documentation and customs procedures (ii) Customs valuation (iii) Rules of origin (iv) Tariffs (v) Other taxes and charges (vi) Import prohibitions, restrictions, and licensing (vii) Contingency trade remedies (viii) Standards and other technical requirements (ix) Other measures 23 23 24 25 26 33 34 35 37 40 (3) MEASURES DIRECTLY AFFECTING EXPORTS (i) Registration, documentation, and control (ii) Export taxes, charges, and levies (iii) Export prohibitions, restrictions, and licensing (iv) Export subsidies, and duty and tax concessions for exports 40 40 41 41 41 WT/TPR/S/150 Page iv Trade Policy Review Page (v) (vi) (vii) (4) IV. Free zones and special economic zones Export finance, insurance, and guarantees Export promotion and marketing assistance MEASURES AFFECTING PRODUCTION AND TRADE (i) Incentives (ii) Competition policy and price controls (iii) Government procurement (iv) State-owned enterprises and privatization (v) Local-content requirements (vi) Intellectual property rights 42 42 43 43 43 45 46 47 48 49 TRADE POLICIES BY SECTOR 53 (1) INTRODUCTION 53 (2) AGRICULTURE (i) Main features (ii) Policy developments 54 54 55 (3) FISHING 57 (4) MINING, PETROLEUM AND NATURAL GAS (i) Main features (ii) Policy issues 57 57 58 (5) ELECTRICITY 59 (6) MANUFACTURING (i) Main features and policy framework (ii) Selected manufacturing activities 60 60 62 (7) SERVICES (i) Overview (ii) Financial services (iii) Telecommunication and postal services (iv) Transport (v) Tourism 63 63 66 69 70 72 REFERENCES 75 APPENDIX TABLES 77 Egypt WT/TPR/S/150 Page v CHARTS Page I. ECONOMIC ENVIRONMENT I.1 I.2 Structure of merchandise exports and imports, 1995-03 Direction of merchandise trade, 1995-03 III. TRADE POLICIES AND PRACTICES BY MEASURES III.1 III.2 Breakdown of applied MFN duties, 2005 Tariff escalation by ISIC 2-digit industry, 2005 IV. TRADE POLICIES BY SECTORS IV.1 Tariff protection in the industrial sector, 2005 7 8 28 30 61 TABLES I. ECONOMIC ENVIRONMENT I.1 I.2 I.3 I.4 I.5 Egypt in figures, 1998/99 to 2003/04 Basic macroeconomic indicators, 1998/99 to 2003/04 Fiscal operations, 1998/99 to 2003/04 Balance of payments, 1998/99 to 03/04 Foreign direct investment, by country of origin, 1999/00 to 2003/04 II. TRADE AND INVESTMENT REGIMES II.1 II.2 II.4 Ministerial responsibility for trade-related issues Main trade-related laws Areas eligible for incentives under the Investment Guarantees and Incentives Law Egypt's notifications under the WTO Agreements, August 2004 III. TRADE POLICIES AND PRACTICES BY MEASURES III.1 III.2 III.3 III.4 III.5 III.6 III.7 III.8 III.9 III.10 III.11 Structure of MFN tariffs, 1998 and 2005 Summary analysis of the MFN tariff, 2005 Tariff lines with applied rates higher than the corresponding bound duties, 2005 Tariff exemptions and concessions, 2005 General sales tax rates, 2005 Definitive anti-dumping duties in force, 2005 Egypt's major free zones, 2004 Privatized companies, 1993-04 Value of companies and productive units privatized, 1997-04 Tariff concessions subject to local-content requirement in assembled products, 2005 Overview of IPR protection, 2005 IV. TRADE POLICIES BY SECTORS IV.1 IV.2 IV.3 IV.4 Gross domestic product at factor cost, 1996/97 to 2003/04 Land use by crop, 2003-04 Agricultural output, 1997-03 Fisheries sector, 1999-04 II.3 1 3 4 5 9 13 14 15 18 27 28 31 32 33 36 42 47 48 49 50 53 54 55 57 WT/TPR/S/150 Page vi Trade Policy Review Page IV.5 IV.6 IV.7 IV.8 IV.9 IV.10 IV.11 IV.12 IV.13 IV.14 IV.15 IV.16 Petroleum and gas production, 1996-00 Basic data on electricity, 1997-04 Manufacturing output by activity, 1996-04 Summary of Egypt's specific commitments in individual service sectors Summary of Article II (MFN) exemptions listed by Egypt Stock market indicators, 1996-04 Telecommunication services, 1998-04 Suez Canal traffic, 1996-04 Legislation applied to the maritime sector, 2005 Tourism industry, 1998/99 to 2003/04 Legislation applied to the tourism subsector, 2005 Investment incentives in the tourism industry, 2005 58 59 60 64 65 68 69 71 71 73 73 74 APPENDIX TABLES I. ECONOMIC ENVIRONMENT AI.1 AI.2 AI.3 AI.4 Structure of exports, 1995-03 Structure of imports, 1995-03 Origin of imports, 1995-03 Destination of exports, 1995-03 79 80 81 82 Egypt WT/TPR/S/150 Page vii SUMMARY OBSERVATIONS (1) THE ECONOMIC ENVIRONMENT 1. Since its last Trade Policy Review (TPR) in 1999, Egypt's GDP has grown at an average rate of 3.9% a year. Per capita GDP is now some US$1,120. Monetary discipline has helped to contain inflation at below 5%. After a decade of being pegged to the U.S. dollar, the Egyptian pound has been floating since January 2003. Egypt has accepted the obligations of Article VIII of the IMF Agreement effective from January 2005. Egypt's current account has posted growing surpluses since 2000/01 (after years of deficit), mainly a result of strong increases in merchandise exports. Nevertheless, the fiscal deficit has fluctuated around 6% of GDP in recent years. Unemployment remains relatively high, at between 8% and 10%, and the poverty index is about 20%. 2. Trade plays an important role in Egypt's economy; exports of goods and services have been a motor for the current economic recovery. Egypt has traditionally been a net service exporter, with service receipts substantially exceeding merchandise exports. Important services sources of foreign exchange are tourism and the Suez Canal. Remittances from Egyptians working abroad are also an important source of foreign exchange receipts. Egypt's most important merchandise exports are fuel products, which accounted for about 43% of commodity exports in 2003; this share, however, has fluctuated considerably over the years due to price variations. Manufactures account for about 30% of merchandise exports, while the share of agricultural products is about 15%; cotton is the single most important agricultural export. The share of textiles in Egypt's merchandise exports has declined gradually, from 16.6% in 1995 to 4.5% in 2003. 3. Merchandise imports fell by over 22% between 2000 and 2003, mainly due to the depreciation of the Egyptian pound. Agricultural products and manufactured goods account for about 30% and 48% of imports respectively; about 14% of imports originate in Egypt's free zones and have not been classified by product category. Egypt's main trading partners are, in descending order, the United States, Italy, Germany, and China. (2) INSTITUTIONAL FRAMEWORK 4. Since its last Review, Egypt has maintained broadly unchanged its overall institutional framework for trade policy formulation; the Ministerial Economic Group has responsibility in this regard. Trade policy is implemented by the Ministry of Foreign Trade and Industry, established in November 2004 through a merger of the Ministry of Foreign Trade and the Ministry of Industry and Technological Development. Recent changes in trade legislation have been driven mainly by a combination of autonomous policy initiatives and compliance with multilateral rules. 5. A contracting party to the GATT since 1970 and a WTO Member since June 1995, Egypt is an active participant in the multilateral trading system (MTS). Egypt accords at least MFN treatment to all WTO Members. It is seeking to liberalize its trade regime on a multilateral, regional, and unilateral basis. In the current multilateral trade negotiations, Egypt supports meaningful liberalization of the agriculture sector. It also seeks improved market access for nonagricultural goods, but believes that concerns for infant industries in developing countries should be accommodated. In the services sector, Egypt supports greater multilateral trade liberalization, most notably with respect to supply through the movement of natural persons (mode 4). Egypt considers issues such as implementation, special and differential treatment, and rules as essential to the integration of developing countries into the MTS. Since its last Review, Egypt has been a defendant in one dispute relating to definitive anti-dumping measures, and reserved its third party rights in another. WT/TPR/S/150 Page viii 6. Preferential agreements are increasingly important for Egypt's trade relations. In the period under review, it has concluded agreements with the European Union, Jordan, Morocco, and Tunisia. It is also a member of the Greater Arab Free Trade Area and the Common Market for Eastern and Southern Africa. In addition, it has concluded a trade protocol with Israel and a trade framework agreement with the United States. 7. While Egypt has no specific law on foreign direct investment, most foreign investment takes place under the 1997 Investment Guarantees and Incentives Law, which defines incentives for investment in certain activities. The incentives include tax advantages, reduced tariffs for imported inputs, and guarantees against confiscation. Foreign investment is managed by the General Authority for Foreign Investment and Free Zones (GAFI), whose role has gradually shifted from investment regulation to investment promotion and facilitation. (3) Trade Policy Review improve customs procedures. In September 2004, Egypt eliminated all customs service fees and charges of up to 5% on imports. A general sales tax, at rates between 5% and 45%, applies equally to imported and domestic goods. Import prohibitions on most textile and clothing products were lifted in 2004, but remain in place for poultry offal. Egypt does not maintain tariff quotas. However, a wide range of imported products are subject to mandatory quality controls. In December 2004, Egypt embarked on a programme to ensure that all its standards comply with international standards; the programme is to be completed in early 2006. Since its last TPR, Egypt has submitted no notifications to the WTO on sanitary and phytosanitary (SPS) measures or on technical barriers to trade (TBT). It has imposed 14 definitive antidumping duties and two safeguard measures. Most of the anti-dumping measures were on electric lamps and tyres; safeguard measures were imposed on common fluorescent lamps and powdered milk. No countervailing duties were imposed. TRADE POLICY INSTRUMENTS 8. Egypt has bound over 98% of its tariff lines, at rates averaging 37.5% in 2005, down from 45% in 1998. Egypt's present applied MFN tariff structure was implemented in September 2004, with significant across-theboard cuts and a reduction in the number of tariff bands to twelve. As a result, the average applied MFN tariff has fallen from 26.8% in 1998 to 20%. Nevertheless, Egypt's tariff system remains complex, with numerous exemptions, and concessions. Peaks, of up to 3,000%, apply to alcoholic beverages and spirits. For 19 tariff lines, the applied tariff exceeds, sometimes substantially, the corresponding bound rate; imports from WTO Members are alleged to carry the bound or the applied tariff rate, whichever is lower. Moreover, in aggregate, the tariff displays positive escalation, i.e. high effective protection. 9. Egypt has been implementing the WTO Agreement on Customs Valuation since July 2001. It has also increased efforts to 10. Egypt promotes exports through marketing assistance, and official credit and guarantee schemes. Free zones are in place to promote export-oriented investment, and employment. A new Export Promotion Law was adopted in 2002. Some 50 raw and processed agricultural products are subject to mandatory quality control upon export. Egypt does not apply any export taxes, charges or levies. 11. State ownership remains extensive in the Egyptian economy, although there is an ongoing privatization programme. Between 1999 and 2004, 97 companies were privatized, generating divestiture receipts of LE 7.1 billion. The privatization programme had lost some of its momentum at the beginning of the millennium, but an ambitious plan to revitalize it was presented to the Cabinet in early 2004. It envisages the privatization of 125 of the remaining 178 state-owned enterprises. Egypt WT/TPR/S/150 Page ix 12. Egypt's first comprehensive competition legislation was adopted by the People's Assembly in February 2005. The Competition Law prohibits price collusion, production-restricting agreements, market sharing, and abuse of a dominant market position. Government procurement legislation grants a 15% price preference to Egyptian bidders. Tariff reductions on imported inputs for certain assembly industries are contingent on local-content requirements. The Government views the promotion of small and micro enterprises as an important way to adjust to structural problems and to modernize the economy. In 2002, Egypt adopted new intellectual property legislation covering all major areas of the TRIPS Agreement. (4) SECTORAL POLICIES 13. The contribution of agriculture to GDP in Egypt has been declining gradually and was just below 16% in 2003/04. However, the sector retains a significant role in employment (about 34% of the labour force). Egypt remains a net importer of agricultural products, although its agricultural trade deficit has decreased in recent years. Financial assistance to the sector is provided in the form of subsidized electricity and water, the latter being provided almost free of charge to farmers. The Government also subsidizes various food products, most notably bread, sugar, and oil, for low-income groups. Since 1999, Egypt has not submitted any notifications to the WTO Committee on Agriculture. 14. The share of petroleum and natural gas production in Egypt's GDP increased from 4.6% in 1998/99 to 11.6% in 2003/04, mainly as a result of rising oil prices. Output has increasingly shifted from crude oil production to natural gas as production at mature oilfields decreases. To engage in the exploration of petroleum and natural gas, foreign companies must enter into a joint-venture with the state-owned Egyptian General Petroleum Corporation. 15. The manufacturing sector contributes about 19% of Egypt's GDP. It comprises a broad range of activities, the most important being metallurgy and metallurgical products, food processing, and chemical products. However, Egypt's escalatory tariff structure does not encourage export-oriented manufacturing. A key objective of the Government is to increase the competitiveness of private enterprises in the sector. To this end, it has launched the Industrial Modernization Programme for capacity development. 16. With a share of about 48% in GDP, the services sector is vital to Egypt's economy. The tourism industry and fees for using the Suez Canal remain Egypt's most important sources of foreign exchange. Egypt's tourism industry has continued to perform well since 1999, despite a slump in 2001/02; however, recent security-related events may affect its growth prospects. Financial services reforms are planned for the near future; they include the privatization of state-owned banks and insurance companies, and the establishment of a deposit insurance scheme. The Telecommunications Law stipulates that Telecom Egypt will relinquish its monopoly status as domestic and international fixed-line operator by 31 December 2005. 17. Egypt's Schedule of Specific Commitments under the GATS includes commitments on commercial presence and the presence of natural persons for the supply of a number of individual service categories, most notably in telecommunications, construction and related engineering services, financial services, tourism, and transport. Egypt's initial offer in the ongoing multilateral services negotiations provides for an expansion of its schedule of horizontal as well as sector-specific commitments. (5) TRADE POLICY PARTNERS AND TRADING 18. Since its last TPR, Egypt has taken steps towards the liberalization of its trade regime. The reforms reflect its commitment to WT/TPR/S/150 Page x the multilateral trading system, in which it participates actively. As a proponent for issues of interest to developing countries, it has been instrumental in advancing the Doha Development Agenda by tabling proposals in several areas. Nonetheless, Egypt's recent macroeconomic performance has been mixed. 19. Continued structural and trade reforms, particularly further privatization, Trade Policy Review tariff reductions, and reducing in the gap between bound and applied tariff rates, would contribute to better resource allocation, enhance predictability and transparency of the trade regime, contain the need for incentives, and help to put the economy on a higher growth path. Trading partners could help by providing increased market access for products and services of interest to Egypt.