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UNCTAD mandate stalemate persists at trade talks

Friday July 22 2016
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Delegates follow proceedings during the United Nations Conference on Trade and Development meeting in Nairobi this week. The list of contested issues includes liberalisation of trade in services that were left unresolved during last year’s 10th WTO conference in Nairobi. PHOTO | SALATON NJAU

The stalemate over the wording of the Nairobi UNCTAD conference’s final declaration remained unlocked hours to the close of the summit, sources close to the 70 ministers negotiating the deal said.

Several clauses that are set to define the Nairobi outcome remained unresolved as different factions fought to have their way in the final document, according to a draft of the final text expected to be released Friday.

The document will define how UNCTAD executes its mandate in the next five years through alignment of its programmes with emerging issues as raised by members.

The ministers are split in factions, including the JUSCAN (Japan US and Canada), and the European Union (EU) which are aligned to former Soviet Group D countries waiting to join the EU against the Group of 77 comprising of 134 developing countries backed by China.

The draft text seen by the Business Daily, shows that the JUSCAN group wants to limit the scope covered under tax policies to evasion and avoidance.

“The JUSCAN see the problem as crime and corruption but the G77 want the mandate to include illicit financial flows as well,” Tax Justice Network Kenya chief executive Alvin Musioma said. The G77 want UNCTAD to cover the wider mandate , citing the billions of dollars they are losing every year in illicit financial flows.

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They feel they would gain more from the UN body if it helped clamp down on illicit financial flows which include proceeds of corruption, tax evasion and tax avoidance.

If they succeed, UNCTAD will have a stronger mandate to deal with issues such as the Panama papers scandal, miss-invoicing and transfer pricing.

The club of the rich, which is host to most of the companies  involved in the vices, does not see the matter as a priority and wants a narrower mandate on crime and corruption, which they feel directly affects developing countries.

“The JUSCAN countries look at the problem of illicit financial flows such as proceeds of corruption as pure crime while developing countries want UNCTAD to have a more comprehensive mandate that includes tax evasion and illicit financial flows to the tax havens,” said Mr Musioma.

Insiders at the negotiations also said that the club of rich countries is also lobbying to include in the text contested issues that the developing world has been fighting at the World Trade Organisation (WTO).

“Developing countries are fighting new International trade issues that are being introduced and amount to pulling in contested WTO issues at UNCTAD talks,” Mr Musioma said.

The list of contested issues includes liberalisation of trade in services that were left unresolved during last year’s 10th WTO conference in Nairobi.

Some of the regulations touch on procurement, investment rules and financial services liberalisation — that the developing world sees as mostly in favour of multinationals setting base in Africa.

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