BC BREXIT
Saved by @CodyyyGardner

1/ Lots of good analysis out there on why the EU-China CAI is a bad decision in the context of Xinjiang, transatlantic partnerships, etc. But I also think that even the trade/econ benefits of the CAI look quite limited. Thread:

 2/ It highlights, as a win, that China’s preservation of existing liberalizations. That’s positive, but not really a big problem; the bigger issue is stagnation, where reform pledges have failed to materialize after years/decades of promises. Great example is in the FDI openings,
3/ which are highlighted to include cloud, auto, fin services etc—all areas of EU/MNC interest. Thing is, these openings aren’t new. China has begun opening auto/finance since 2018/19, while the 50% cap on cloud services has remained unchanged since 2015 (or before if we consider
4/ WTO ascension commitments vs the 2015 Telecom Catalogue, but that’s for another day). So these are existing openings that are repackaged as “wins.” More critical issue beyond FDI caps is around licensing issuance, which still big problem. Arguably some more significance in
5/ R&D and health? Not an expert, but the FDI conditions (eg hospitals only in certain cities) are limiting, while R&D could be complicated by data/info controls. It’s also unclear how existing tech transfer prohibitions exceed existing protections in the foreign investment law,
6/ nor how China will provide equal access to standards setting; that this keeps coming up in intl discussions/domestic policy pledges means it’s a longstanding issue, and it’s unclear how the CAI addresses structural issues underpinning that (eg forced IP localization). The lang
7/ around SOEs/subsidy disclosure is disappointing, considering how important an ask this was for the EU. W/o more detail on dispute resolution, unclear how SOEs can be forced to change here, especially bc things like procurement are conducted via back channels that disadvantage
8/ MNCs, or in the case of ICT, are swayed by domestic policy pledges (eg 安全可控) that come from political/diplomatic problems, not commercial issue. Tied to this, the fact that subsidy disclosure doesn’t *touch* the industrial sector avoids a huge problem area that now
9/ underpins a lot of retaliatory trade policy/pushback against globalization. Finally, if we look at the commitments on labour and environ, benchmark is again not backsliding—but what about *existing* issues around forced labour/XJ? Pledging to not allow labour standards
10/ to deteriorate further is from a very low base. Commitment towards working to ratify ILO conventions is also very different from being forced to do so. Finally, on enforcement and dispute resolution—the most key parts of any deal!!—the commitments seem similarly disappointing
11/ but we still need details on how this will work. Precedent w/ the US shows that China sees any framework for regular monitoring (and, potentially, punitive action) as a violation of sovereignty. Suggesting that enforcement might lack teeth. Overall, CAI looks like it slightly
12/ moves the needle on some issues, while leaving many others untouched. We still need to wait for final text to be released in order to do deeper analysis, but this suggests CAI will have a hard time going through European Parliament for ratification. (end)

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George Riddell
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Been a lot of discussion recently around services trade in the deal between the UK and EU. Having read through the agreement over the past couple of days, my impressions👇

First off, services is definitely included. Question for service providers, is will it be enough?

1/N

My overall impression is that the EU has offered among the best in class for its FTAs similar to Canada and Japan.

But this access is a far cry from access to the Single Market and how is constructed as part of a trade agreement for the EU reflects that.

2/n


Unlike for goods trade, once you've got a product through all the customs and regulatory procedures into the EU, it can be sold anywhere in the EU, or its "entered circulation".

For services trade, that isn't the case. Its still done on a member state by member state level.

3/n

This is even true in the trade agreement itself where although the provisions set out in the Services and Investment chapter sounds awfully good - lots of principles about the freedom to establish and allowing the cross-border trade in services.

It's only when...

4/n

You get to the annexes and you realise both the EU and individual member states have put entry conditions across huge areas of different services sectors both now (existing measures) & in the future. Don't worry too much about the future reservations, it's the existing ones.

5/n
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David Allen Green
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They have started in the Scottish case

Looks like a near-concession that the side letter is Padfield-compliant
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George Peretz QC
George Peretz QC
@GeorgePeretzQC
A further thread on the EU/UK musicians/visa for paid work issue (the issue is paid work: travelling to sing or play at eg a charity event for free can be done without a visa).


The position that we now have now (no relevant provisions under the TCA) is complicated. For EU musicians visiting the UK see


In essence the UK permits foreign (including EU) nationals to stay up to 30 days to carry out paid engagements, but they must (a) prove they are a professional musician and (b) be invited by an established UK business.

Either condition could be tricky for a young musician starting out and wanting to play gigs. And 30 days isn’t long enough for a part in a show with a run.

Longer stays require a T5 visa - which generally requires you to be in a shortage occupation (play an instrument not played in the UK?) or to have an established international reputation.
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Dr Anna Jerzewska
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@AnnaJerzewska
Been waiting for 👇 🚨

Important story on what a “tariff-free” deal means in practice and why it’s not enough for two economies as closely integrated.

Tariffs are removed on goods that meet rules of origin. This is a complex and nuanced area of customs.

/1


Important to remember that trade deals (FTAs) weren't designed with such a high degree of economic integration in mind.

So some of the standard RoO provisions will seem incredibly restrictive under the UK-EU deal.

/2

Minimal operations or insufficient processing is a standard part of an FTA. Most, if not all FTAs, include a provision on minimal processing – processing not considered sufficient to confer originating status even if rules of origin have been met.

/3

It is standard procedure not to apply cumulation when goods have only been subject to minimal processing.

To be able to cumulate origin and consider the final product of UK origin, the processing carried out in the UK needs to exceed minimal operations.

/4

The level of integration between the UK and the EU means that this will have significant consequences for a number of industries.

For example, in supply chains where goods are brought into the UK from the EU and reassembled, sorted or repackaged and re-exported to ROI.

/5
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