Sustaining Trade Reform: Institutional Lessons from Argentina and Peru


Import Substitution under the WTO: Argentina



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4.Import Substitution under the WTO: Argentina


Except for a brief period of liberalization in the 1990s, Argentina has been a relatively closed economy for the past eighty or so years. Over that period the Argentine economy has performed poorly in comparison with countries with similar resource endowments that have adopted open policies. In 1930, Argentina’s per capita income was approximately 85 percent of Australia’s but since Australia shifted to an open trade strategy the ratio has fallen to 30 percent. Moreover, Argentina’s protectionist regime has not provided a redistribution of income toward workers. Since 1960 the ratio of wages to GDP per worker has remained constant in Australia, but has fallen by some 40 percent in Argentina.
Figure 4.1: Ratio between Argentina’s and Australia’s per capita GDP
Source: Gerchunoff and Fajgelbaum (2005).
In the 1990s the government in power sought to implement an open competitive market with marked reduction of governmental intervention (Nogués and Baracat, 2006). Major sectors of the economy that were dominated by public enterprises were privatized and foreign investment was put on an equal footing with domestic investment. Tariff rates that had averaged 40 percent in the mid-1980s fell to an average of 14 percent by the mid 1990s. On imports from Mercosur partners, most rates fell to zero. This liberalization was accompanied by the introduction of disciplined mechanisms for managing pressures for protection: GATT/WTO-sanctioned antidumping and safeguard mechanisms.
This liberalization was however short-lived, and starting with the “corralito” in late 2001, it has been reversed by the governments in power since then. The past decade has seen reversion to the policy profile that has dominated over the past decades:

  • An announced return to an import substitution strategy,

  • Reversion to instruments of trade control that lacks the transparency and accountability the WTO system attempts to foster. The procedural/governance regulations introduced in the 1990s have been displaced by non-transparent and discretionally implemented restrictions mechanisms.

  • Widespread import controls; ultimately (early 2012) as the peso became increasingly overvalued, the requirement of approval by the government of each request for the purchase of foreign exchange

  • Export-balancing or countertrade requirements as a condition for importing,

  • Quantitative export restrictions and high export taxes on cereal and bovine meat exports,

  • Targeted industry support measures.



Return to import substitution


The Argentine government has publicly acknowledged a return to an import substitution trade strategy. Baracat et all (2013, Box 4.1) provide an extended time line of government documents and statements, including the following from President Kirchner: “aplica administración del comercio como una forma de orientar a la sustitución de importaciones, and "La industria argentina está cotizada.
The ‘new’ import substitution rationale repeats much of the rhetoric of the past. It assures that the domestic producers so supported will also compete well in export markets. Protecting domestic employment is the major political rationale; there is emphasis on the necessity to deal with “unfair” foreign competition, this usually in reference to imports from Asia.

Return to informal governance of trade controls


Table 5.1 reports the Global Trade Alert (GTA) tabulation of trade restrictions and trade-affecting industry support measures. The GTA, a project supported by the World Bank and other organizations, is motivated by the concern that the Great Recession might bring a resurgence of trade restrictions. In addition to including all measures for which the WTO Agreements requires notification, GTA covers other measures (some tailored perhaps to elude WTO restrictions) reported by news media, as well as by importers and exporters.21
The table documents not only that Argentina has applied a number of trade control measures, it also documents that the procedural reforms of the 1990s, to a large extent, have been put aside. Sixty percent of the import controls by Argentina have been measures that the Global Trade Alert classifies as “non-tariff barriers (not otherwise specified)” and other measures not put in place through formal procedures. Moreover, procedures for antidumping and safeguards – classified in the table as “formal” – have been made less inclusive of stakeholders, for example public hearings have been eliminated from the proceedings through which the Foreign Trade Commission (CNCE, Comisión Nacional de Comercio Exterior) conducts these investigations.22
The import restrictions applied have taken many forms: unexplained delays in release from customs, additional documentation/process requirements, non-responses and delayed responses to requests for non-automatic licenses, lack of transparency in the process by which decisions are taken, control of technical regulations, volatility in application of standards. For example, in September 2011 several Argentine publishers were not able to obtain the release from customs of almost 2 million books. Many of these books had been written and edited in Argentina, but shipped outside for printing. In separate meetings with government officials, each publishing company was told to provide a plan on how it would in the future have its printing done in Argentina, and how it would change its product lines in instances in which specialized printing was not available domestically.23
A common element in the actions reported is that the eventual release of imports depended on reaching agreement with the government on commitments to countertrade, to substitute in the future domestic products for previously imported ones and sometimes to make investment in domestic facilities.

Import licenses as import restrictions


To the extent that import controls have a legal form – beyond, say, shipments simply not being cleared from customs houses – it is a requirement for an import license. This could mean, for example, that unless the BMW dealer in Argentina documents her arrangements to promote the sale of Argentine rice and leather around the world, she does not receive the necessary license to clear a shipment of imported vehicles.
The sense of the WTO agreement on import licensing is that such systems are allowed as a means “to administer measures such as those adopted pursuant to the relevant provisions of GATT 1994,” i.e., when there is some other provision in the rules that allows the import control that the license administers, such as an antidumping order. Of course, the issuance of that antidumping order – to be legal within the GATT/WTO system – must satisfy the procedural and substantive requirements of GATT Article VI and of the WTO agreement on antidumping.
In Argentine practice, an import license has become itself an instrument of trade control. The demands of a trade remedies process – a criteria-based, transparent determination with stakeholders’ participation – have been circumvented.

Industry support at high cost


We provide in this summary one example of the support the government of Argentina has provided for selected industries or regions, the incentives for the assembly of certain electronic products in the southernmost province of Argentina, the island of Tierra del Fuego. Assemblers on Tierra del Fuego are exempt from tariffs on inputs and taxes on production that are applied on the continent. (Protection against imports of assembled telephones includes a requirement that each visitor entering Argentina identify his or her cellular telephone, by brand and model, on the customs entry form.) Following creation of these incentives in late 2009 the assembly of cellular phones on the island jumped from 400,000 units in this year to 4,900,000 in 2010.
As to the effects of these incentives, manufacturing employment in Tierra del Fuego increased by around 2,800 in 2010; at a cost we estimate of US$230,000 per job per year. The program has not brought new technology to Argentina, to qualify for the tax exceptions it is sufficient that the user manual and the warranty card be provided locally, along with packaging and labeling materials.24

Export restrictions


During the last decade Argentina implemented widespread export taxes. These rates reached a peak around mid-2008 and are still high for major cereal products: wheat 23%, maize 20% and soybeans 35%. Starting in early 2006, these barriers were reinforced with quantitative restrictions on exports of wheat, maize and bovine meat. The restrictions on exports have brought about a significant shift of cropland from bovine cattle, wheat and maize to soybean cultivation; soybean exports not being subject to quantitative restrictions.
These restrictions, like the imports restrictions, have been administered through informal procedures but in this case questions about administration prompted some members of the lower house of Congress (Cámara de Diputados) to propose the creation of a special investigation commission to look into possible irregularities of the administrative office responsible for the allocation of export quotas and the distribution of food subsidies to processors.
Export taxes are escalated – e.g., higher on wheat than on flower or bread. As this implies, farm gate prices have declined by more than food prices, suggesting that the rents created by the export restrictions have been in significant part captured by processors.

Domestic political support


More by default than public debate, domestic politics have generally supported the restrictive measures. The Government lost its majority in the lower chamber mid-term elections in 2009 but retained control of the Senate. In October 2011, the President was reelected with 54% of the popular vote and her party also regained majority in both houses of Congress. Import barriers and more generally the degree of openness of the economy were never issues in the elections; the one candidate who spoke openly of eliminating export barriers took less than 2% of the vote.

WTO discipline


Several WTO Members have raised questions in the Committee on Import Licensing about the possibility that the licensing procedures constituted de facto quantitative restrictions. Members have also requested information about the basis in Argentine law for the practices. More recently (30 March, 2012), 14 WTO Members (the EU being one) delivered a joint statement on Argentine restrictions at a meeting of the WTO Council for Trade in Goods. The Members’ statement calls on Argentina to “provide a detailed written explanation of why in its view these measures and practices are consistent with WTO rules.” Argentina responds that “we have a system of automatic and non-automatic licensing, which is compatible with WTO rules” and that the statement was intended to make Argentina “an example to discourage developing countries from using the public policies we are fairly entitled to use.” (The statement and Argentina’s response are summarized in Box 4.1, below.)
On 25 May 2012 the EU requested consultations with Argentina under the WTO Dispute Settlement Understanding. The EU charges that Argentine measures violate GATT/WTO rules in that:

  • licenses labeled as "automatic" are used in a non-automatic manner,

  • licenses labeled “non-automatic” are not covered under any allowance for restriction and are therefore prohibited quantitative restrictions,

  • non-automatic licenses are issued in discretionary way, through burdensome, overly-long and non-transparent procedures,

  • in February 2012, Argentina introduced a pre-approval requirement covering all imports.

Under the procedures of the DSU, if the parties fail to reach a satisfactory solution within 60 days the EU can pursue the dispute by requesting the establishment of a WTO Panel that would rule on the legality of Argentina's measures.25


Non-automatic licenses one of the instruments whose application other WTO members now formally dispute, have been part of Argentina’s trade management since 2003 or earlier. Thus nine years of growing dissatisfaction by Members elapsed before a formal complaint was raised to the WTO. Disputes often endure for many years.

Reversion to the old policy culture


Argentina has reverted to inward-looking policies, most of them administered by obscure institutional arrangements characterized more by discretion and top down decisions than by participatory, transparent and accountable processes. In addition, the severity of the exchange control restrictions has intensified. The domestic currency is increasingly overvalued, the gap between the official and black market rates is widening. Again, the exchange rate (controlled by the Central Bank) is used primarily as an instrument to control inflation and is not allowed to keep up with the rate of domestic inflation. Trade control measures have then a double motivation, to defend the (nominal) exchange rate and to accommodate import-competing interests. These are in essence the institutional arrangements and the policies that characterized the protectionist era of Argentina’s economic history. These institutions and policies are a central part of the explanation for why that has been a period of relative economic decline.

Box 4.1: Summaries of a Statement from Fourteen WTO Members Concerning Argentina's Import Restricting Policies and Practices and of Argentina’s Response

The Statement (G/C/W/667, 4 April 2012) was delivered by the United States on behalf of 14 delegations, those of The European Union, Israel, Japan, Korea, Mexico, New Zealand, Norway, Panama, Switzerland, Chinese Taipei, Thailand, Turkey and The United States.


The Statement


The statement expresses concerns regarding “the nature and application of trade-restrictive measures taken by Argentina,” including “the overly broad use of non-automatic import licensing trade balancing requirements, and pre-registration and pre-approval of all imports into Argentina.”
The statement raises two questions about Argentina’s import licensing:

  • With regard to the WTO allowing an import licensing system only as necessary to implement an otherwise GATT/WTO legal restriction, the Argentine government has not provided such underling rationale.

  • The WTO procedural requirements for administration of licensing, e.g., transparency and time limits, have not been fulfilled.

The statement goes on to note that beyond the products for which the government of Argentina has announced that import licenses are necessary, the government has put in place a system requiring pre-registration, review and approval of each and every import transaction; and that this system includes “an informal ‘trade balancing’ policy, whereby companies seeking to import products must agree to export, dollar for dollar, goods of an equal or greater value or establish production facilities in Argentina.”


The existence of this policy is evidenced, according to the statement, by Ministry of Industry press releases announcing such trade balancing and domestic production arrangements and by telephone calls from Argentine government officials informing importers that they must agree to undertake such trade balancing commitments prior to receiving authorization to import goods.

Argentina’s Response


Argentina’s response (G/C/W/668, 13 April 2012) rejects the statement as having no basis in objective fact, as a political action (in that it does not involve precise questions concerning specific measures or policies) that seeks to put pressure on Argentina to revise legitimate ongoing policies. Argentina expresses concern that the statement raises systemic questions for the WTO in that it might be perceived as an unjust mechanism through which powerful Members can arbitrarily censure other members with less economic clout.

The response reviews recent reforms in import procedures, insisting that “Argentina's trade policy measures are fully consistent with the international commitments it has assumed.”


The response states that it unfair to characterize Argentina’s policies as import restricting because:

  • Such a statement prejudges their consistency with GATT/WTO rules, and

  • Argentina’s imports have increased rapidly – recording a higher percentage increase in 2011 than any other G20 country – and by 25 percent from the 14 Members who signed the statement.

The response goes on to remind of the lack of progress in the Doha Round on agriculture, the proliferation of sanitary, phytosanitary and technical barriers and other barriers “allegedly justified, inter alia, by environmental protection, animal welfare, private standards and consumer rights.”


Argentina, the response concludes, has contributed disproportionally to its size to world trade and growth. “We object, therefore, to being made into an example to discourage developing countries from using the public policies we are fairly entitled to use.”



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