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The UK’s draft Withdrawal Agreement is a fine agreement except that it lacks in one key area; The so-called ‘backstop’ portion of the agreement which has no end-date. It’s a major flaw in the draft and it must be removed.
The backstop means that if the UK and the EU don’t reach a free trade deal in 2019 the UK will be stuck in the EU Customs Union forever, and will never be able to negotiate its own trade deals. And the opportunity to take back control of the UK’s trading relationships was one of four main reasons that Britons voted to Leave the European Union.
Remember the four metrics of Brexit success?
- Take back control of the UK’s borders and immigration
- Take back control of the UK legal system
- Take back control of the UK economy
- Take back control of UK trade
In the so-called ‘Political Declaration’ between the two parties there is reference to the backstop which states that it’s expected a free trade agreement will eventually be worked out between the two sides — neatly solving the problem of the backstop clause.
But as they’ve had 2 1/2 years to work these issues out and still haven’t (not even close) it doesn’t inspire a lot of confidence and voters on both sides of the English Channel are entitled to better service from their politicians than that. CEO’s must be wondering, too. Much of the EU’s trade is with the UK and 2 1/2 years later, no free trade agreement is in sight even though the UK is leaving the European Union on March 29, 2019. Very disappointing.
And Jean-Claude Juncker and Donald Tusk’s replacements can choose to be bound by, or not be bound by the non binding Political Declaration as both of those EU leaders step down after May 26, 2019 to make room for newly appointed EC and EU Presidents. We don’t know who those new leaders will be, nor do we know how they view the draft Withdrawal Agreement, nor do we know if they’ll give two hoots about what the non legally binding Political Declaration says. (If I were them, I wouldn’t either!)
How to Fix It
If the draft Withdrawal Agreement fails to pass in the House of Commons tomorrow (as expected) Britons can breathe a sigh of relief because almost certainly the backstop clause will be removed in time to get an amended Withdrawal Agreement passed in the House of Commons before Brexit day on March 29, 2019.
And one reason we can count on that is the EU operates a stunning £95 billion trade surplus with the UK (£67 billion net) and without a free trade agreement, businesses on both sides will suffer greatly. When there’s £95 billion on the line you can bet CEO’s will pressure their respective governments and a trade deal will happen quickly! Or heads will roll.
For goodness sake, it’s a trade agreement between two nations that have traded with each other for centuries! It’s not like the Klingons and the Romulans opening trade relations! How hard can it be?
The way to fix this situation is for British MP’s to vote down the draft Withdrawal Agreement tomorrow and encourage CEO’s on both sides of the Channel to put significant pressure on Theresa May, Jean-Claude Juncker and Donald Tusk until they get their jobs done properly which is what they should’ve been doing all along.
Doing their jobs properly — even if it’s already a year late and counting — means removing the backstop completely, or inserting a firm end date for Customs Union membership and getting a free trade deal done by July 1, 2019.
Any level of success lower than that should be considered unacceptable by citizens, by European industry, and by any country that trades with the UK or the EU.
Think about it for a second. The thing we call Brexit is being held-up by a tiny item called tariffs. It’s ridiculous. (OK, there are some other things too, but for today let’s talk tariffs)
At the moment, the UK is still a dues-paying member of the European Union and is therefore obligated to charge the same tariffs as any other EU country, and such broad agreement on external tariffs, combined with low or no tariffs between members, or even standardized tariffs between members, is part of what makes up what’s commonly called a Customs Union.
When the UK exits the European Union it’s right to assume that the UK will no longer charge the same tariffs as the EU.
In fact, that difference is part of the problem between the EU and the UK in the post-Brexit timeframe, and businesses near the Republic of Ireland and Northern Ireland border may find themselves affected by this change-up.
How Would a Zero-Tariff UK Economy Work vis-à-vis the European Union post-Brexit?
What if the UK decides to embrace an economy where no tariffs are charged?
There would, of course, be people who complain (on the UK side) about a loss of tariff revenue for UK government budgets, while on the Republic of Ireland (RoI) side, businesses located near the border might worry their customers will drive to Northern Ireland (NI) to save 6.5% worth of tariff value on their purchases.
Which are immensely easy problems to solve!
How to Solve a Disparity in Consumer Prices (Due to Tariffs) Across an Uncontrolled Border
- Offer a rebate to Republic of Ireland businesses located within, say, 100 miles (160 kilometres) of the Irish border and such rebates would be equal to the (tariff portion of the) savings RoI consumers would enjoy by shopping in Northern Ireland. In this way, RoI shoppers won’t bother travelling to NI to save (usually about 6.5%) on the price of imported goods and consequently, RoI businesses won’t lose sales to the (then) zero-tariff regime north of the Irish border. We’re talking about small amounts of money on each transaction — but over the course of a year, especially for small ‘Mom and Pop’ businesses in RoI, it could add up and potentially at least, represent a hardship for those business owners. Who will cover the cost of the rebates? The UK, of course. Why would the UK government want to do that? It’s just one more irritation that the UK government can remove from the negotiating table to simplify Brexit. Such rebates might cost the UK government as little as £1 million per year. Of course, it might cost as much as £20 million per year. But, with so much to gain (a quicker and less hairy Brexit) the UK government could afford to pay the Republic of Ireland those rebates a full 10-years in advance at the beginning of each decade.
- For businesses in the EU that import from other countries and are required to charge tariffs on behalf of their government — all they need to do after March 29, 2019 is add the UK to the list of countries they must charge tariffs.
- For companies that export from the UK in the case where those goods are shipped to the EU or other countries — there’s no hassle with a UK zero-tariff regime because there are no UK tariffs to add to the final price — no matter where those goods land in the EU or wherever in the world they go after that.
- The same is true for goods that originate in America (for example) but are shipped through the UK before being shipped on to the EU. Whatever the price of the item from America + zero tariffs added by the UK = landing in the EU with only the taxes or tariffs that originated in America. The UK adds nothing in the way of tariffs, nor takes anything away from those tariffs. The term for that is revenue-neutral tariffs.
It’s so easy when you know how!
How Could the UK Recover Lost Tariff Revenue and Pay the Proposed Irish Tariff Rebates?
There would be two costs for the Chancellor of the Exchequer to cover:
One would be the loss of tariff revenue which would represent a large annual cost — and the other would be the relatively small cost of rebates to RoI businesses located within 100 miles (for example) of the Irish border.
a. For as long as the UK has been in the EU Customs Union, consumers have unknowingly paid the cost of tariffs on goods imported from outside the EU. In some cases the tariffs involved are quite low, but in other cases EU countries are required to charge up to 18% tariffs on certain goods coming into the EU28. All EU consumers pay an average of 6.5% more for goods imported from outside the EU due to those EU tariffs. But as soon as the UK leaves the EU Customs Union it would no longer charge EU tariffs and the cost of imported goods in the UK would fall by an average of 6.5%. Which is a good thing, except that the Chancellor of the Exchequer would need to cut spending by that total sterling amount or, add 1% (or less) to the national sales tax to make-up for that lost revenue. Most Britons won’t even see the difference. But if you’re a Briton who buys a lot of imported goods you’ll be slightly better off.
b. If you’re a UK business, it’s one less piece of paperwork you have to deal with and one less revenue stream you must collect on behalf of HM government.
c. If you’re the Chancellor of the Exchequer, you’ll lose millions in tariff revenue, but you’ll gain even more from the (less than) 1% addition to the national sales tax. But even more important, you’ll save millions of pounds in spending to oversee, police, and navigate all that tariff collection. Those tariffs don’t get collected by themselves! Nor does every business remember to forward those tariff revenues to the government on time, etc. Nor will the Chancellor be required to keep abreast of competitor nation tariff structures and constantly adjust tariffs for the UK to remain tariff competitive, nor will the Chancellor be required to notify the WTO about tariff changes. Because, no tariffs!
A Word About the WTO
The World Trade Organization (WTO) is a great organization that was created to ensure countries play fair with each other, especially on tariffs and on the dumping of goods at outrageously low prices, thereby harming the country importing their goods. And if you’re a developing country, you definitely want to be a WTO member as the WTO will protect you from larger, more aggressive countries and their powerful transnational corporations.
However, it makes rules in accordance with its membership wishes and some of those rules may surprise you.
WTO rules do not apply to trading partners that charge tariffs lower than the WTO tariff schedule (which was recently increased to an average of 6.55% on a long list of goods) therefore, trade deals can be done more quickly without WTO tariff regulations to complicate things.
The WTO won’t arbitrate between non-WTO members, nor will it intervene where countries charge tariffs that are lower than the WTO tariff schedule. Nor will it involve itself where two countries have a dispute within a free trade agreement previously agreed by both sides — unless requested by one or both parties to mediate disagreements within that free trade agreement.
In short, countries that don’t charge tariffs have no dealings with the WTO, they owe it nothing, and they have no tariff disputes. (Because they have no tariffs to argue about)
Many things come together beautifully for the UK were the government to decide to operate a tariff-free economy.
Not only would Brexit be streamlined, the Irish border situation becomes simpler to settle, relatively small rebates can offset any hardships for RoI businesses located close to the Irish border, CEO’s from other countries would appreciate the ease of doing business in the UK, any losses in tariff revenue for HM government can be offset by a (less than) 1% increase in the national sales tax, and free trade agreements become simpler to negotiate.
The UK wouldn’t need to re-apply to become a WTO member, nor would it fall under WTO jurisdiction in trade matters, nor would the UK need to pay annual dues to the WTO.
And imported goods in the UK would become cheaper by an average of 5.5% roughly speaking (dropping the 6.5% average tariff on imported goods + 1% national sales tax increase on all goods = 5.5% cheaper on imported goods) which can help consumers in regards to their discretionary spending.
The government would save millions of pounds sterling annually because it wouldn’t need thousands of workers to work in the Treasury’s tariff section, adjusting tariffs, comparing tariffs, ensuring tariffs are properly implemented, ensuring that tariff revenue is properly submitted to the government by UK business, dealing with the WTO, and handling lawsuits caused by disagreements over which tariff schedule must be applied on a given product. And many more miles of red tape than that, that the UK government could forget about forever.
Just another list of the benefits of Brexit, my friends! Happy weekend!