Bangladesh may pursue SAPTA and APTA members to incorporate different provision to ensure smooth supply of essential products and medical supplies in order to meet the future pandemic crisis.

1. Regional cooperation during pandemic
https://www.observerbd.com/news.php?id=314937
Published : Monday, 31 May, 2021 at 12:00 AM Co
unt https://www.observerbd.com/news.php?id=314937: 262
M S Siddiqui
Regional cooperation during
pandemic
The world experiences
unprecedented interruption in
global supply chain amid this
Covid-19 crisis.The challenge
gets aggravated during
emergencies such as the
COVID-19 pandemic, when
there is a need to maintain
speedy and seamless flows of
essential goods across borders.
In such emergency, the
neighboring can come forward
first to meet the emergency
demands. Many countries often
take temporary, sometimes
drastic emergency trade-related
measures such as export
restrictions. Such restrictions,
while seemingly necessary to
protect public health, can be
counterproductive, depriving
the most vulnerable countries
access to essential products.
Unfortunately, around 80
countries of the world have shut down their borders with neighboring countries causing
immense suffering in many countries.
During normal situation, imported goods undergo multiple inspections for verification of
conformity with the destination country's standards and regulatory requirements. When
standards and regulations in the destination country differ from those in the home

2. country, a situation commonly referred to as "regulatory divergence," there could be
high-cost implications for businesses, with a significant slowdown in trade.
It prompted different organizations come up with some suggestions to face the challenge
of pandemic like ongoing COVID 19. United Nations Conference on Trade and
Development (UNCTAD) calls for new and innovative approaches to bridge the
divergence of regulatory practices. Increasing "regulatory cooperation" among countries
could be an efficient way to achieve it.
Regulatory cooperation can take the form of multiple actions, such as enhancing better
information exchange and creation of a joint committee to implement chapters on
sanitary and phytosanitary measures and technical barriers to trade. It may also entail
aligning with international standards, treating other parties' standards as equivalent,
among others.
They have suggested regulatory cooperation for smooth delivery and reduction of trade
costs, particularly through cutting high information costs and shortening the lengthy
process of conformity assessment but all without undermining policy objectives such as
protecting health, safety and the environment.
According to UNCTAD estimates, such cooperation provides countries with an
opportunity to minimize the negative impact of national regulatory measures on trade,
particularly in times of emergencies. It can reduce trade costs by over 25%.
The different organ of UN also considering a permanent option to face disruption of
supply of essential good and medical supplies for such recurring pandemic situations.
Regional Trade Agreement (RTA) is the best option to address such crisis. The UN
Economic and Social Commission for Asia and the Pacific (ESCAP) secretariat
conducted a rapid review of bilateral and RTA texts. The study find that, RTAs include
clauses in order to permit exception to the agreements in time of emergencies; but for the
most part they do not feature provisions that could help deal with trade disruption in
emergency or crisis situations. To address this gap an initiative aims to develop model
provisions to promote more trade cooperation and predictability in times of crisis and
pandemic - and speed up recovery.
RTA can enhance regulatory cooperation through simple efforts such as increasing
transparency and enhancing consultations among cross-border regulatory agencies, as
well as more complex undertakings such as mutual recognition and harmonization of
standards and conformity assessment procedures, which can enable countries to trade
better during emergencies. RTA may include specific provisions such as emergency
provisions can expedite trade in pandemic and ensure disharmonized standards and

3. regulatory requirements do not hinder trade.
UNCTAD also studied 107 RTAs and their application during COVID 19 and examine
the efforts of nine countries to reduce regulatory divergence to facilitate trade in the
medical goods during the pandemic. A large proportion of existing RTAs put forward
provisions for mutual recognition, equivalence, and/or harmonization with respect to the
other parties' or international standards, including conformity assessment procedures, be
they mandatory or voluntary. These RTA has a good base to build upon. Unfortunately,
many of these provisions are vaguely worded. There also lacks provisions promoting
regulatory cooperation specifically for medical goods, or "emergency-specific" situations.
UNCTAD studies point towards the need to incorporate specific, temporary, or
emergency provisions into RTAs that can facilitate regulatory cooperation and ensure
that trade in medical goods flows unhindered during crises. Such ready-to-apply
regulations and action plans would reduce uncertainty during the already difficult times.
The study makes some proposals to overcome the shortcomings to face emergency. The
RTAs should clearly define a situation of "public health emergency" or a "shortage" of
essential goods; to classify, at a tariff line level, "essential" goods that could be critical
during an emergency; to agree to adopt international standards as a basis for regulatory
cooperation; to treat as equivalent standards of jurisdictions with similar regulatory
frameworks, among others. Specifying a start and an end date of such temporary
measures would help provide more legitimacy to the provisions.
The state parties to RTA have another obligation to other member countries. They should
be consistent with their obligations under the World Trade Organization Trade
Facilitation Agreement, expedite and facilitate the flow and transit of all products listed
in Annex I and Annex II through their respective sea and airports. They should eliminate
all customs duties and all other duties and charges of any kind, within the meaning of
Article II and clause 1(b) of the General Agreement on Tariffs and Trade 1994 ("GATT
1994"), with respect to all products listed in Annex I. The countries should endeavour to
expedite the release of such products upon arrival including adopting or maintaining
procedures allowing for submission of import documentation and other required
information, including manifests, in order to begin processing prior to the arrival of
products. RTA should make option to abide by the WHO's International Health
Regulations (IHR) to allow free pratique to cargo ships - i.e., the permission to enter a
port, discharge or load cargo or stores.
RTA may also incorporate clause to uphold the declaration facilitate the emergency
delivery of medical and essential products of the Council of the International Civil
Aviation Organization (ICAO), at its Fourth meeting of the 219th session held on 9
March 2020.

4. Members of RTA should cooperate each other by granting free pratique to inspection,
and, if a source of infection or contamination found on board, the carrying out of
necessary, disinfection, decontamination or other measures necessary to prevent spread of
the infection or contamination, pursuant to the IHR.
Trade policies reform will therefore be an essential instrument in the management of the
crisis. Trade in both goods and services will play a key role in overcoming the pandemic
and limiting its impact by providing access to essential medical goods, including material
inputs for their production and services to help contain the pandemic and treat those
affected, smooth trade can ensuring access to food throughout the world. It can provide
farmers with necessary inputs such as seeds, fertilizers, pesticides, equipment, veterinary
products for the next harvest.
Trade reforms, such as tariff reductions, can contribute to reducing the cost and
improving the availability of COVID-19 goods and services. The reduced tax and
administrative burdens on importers and exporters shall reduce the cost of food and other
products heavily consumed by the poor and contributing to the macro-economic
measures introduced to limit the negative economic and social impact of the COVID19
related downturn. Trade reform can support the eventual economic recovery and building
resilience to future crises.
Bangladesh may pursue SAPTA and APTA members to incorporate different provision
to ensure smooth supply of essential products and medical supplies in order to meet the
future pandemic crisis.
The writer is a Legal Economist