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Belize Energy Sector Diagnostic PUC 57 in services. The United Nations Conference for Trade & Development (UNCTAD) also deals with energy issues at the multilateral level but is primarily concerned with providing technical cooperation activities and support including in energy services. At the regional level energy trade is dealt with under the CARICOM framework, whose mandates and dictums also represent Belize under the hemispheric Free Trade Area of the Americas (FTAA). A major difficulty in energy trade is the required differentiation between energy goods and energy services. Traditionally, the industry did not distinguish between energy goods (i.e. oil, solid fuels, natural gas, electricity – though the latter is a complex one given its non-storability173), and energy services (i.e. value added to energy goods produced, transported and distributed and including but not limited to metering and billing, energy management, energy audits, liquid or gas storage, trading and brokering, etc.). This previous lack of distinction was the direct result of what were previously vertically integrated energy markets. “When the WTO Services Sectoral Classification List was designed the energy sector was by and large run by state-owned companies that performed all the functions needed for the supply of energy within their home markets.”174 While the issue of classification, particularly as it relates to non-storable items such as electricity and natural gas, is still uncertain, according to the WTO, “it seems generally accepted that the production of primary and secondary energy does not constitute services subject to the GATS, but results in goods, whose trade is subject to the GATT. Transmission and distribution of energy constitute services according to the GATS, if they are produced independently.”175 Classification will become a concern for Belize only if the electricity industry176 is developed to the extent where it is able to export. If Belize subscribes to the status quo and continues to classify electricity as a good subject to the GATT, Belizean exporters may encounter obstacles such as tariffs, non-tariff barriers and restrictive business practices as they seek to trade with regional neighbours.177 If as a service and subject to the GATS, market access, national treatment and restrictive practices may be the barriers. One important aspect of classification however, lies in the fact that that under the current WTO agreements the distinction between production (goods, GATT) and transmission/distribution services (services, GATS) might create an imbalance in the application of multilateral trade rules to different liberalized segments of previously vertically integrated markets. For example the GATS provides legally binding rules (including Most Favoured Nation (MFN), National Treatment (NT), market access and domestic regulation) applying to the establishment178 of energy service suppliers, while there continues to be no comprehensive rules on investment for goods (petroleum products, natural gas and electricity). Under the GATS, MFN is an unconditional 173 The World Custom Organization’s Harmonized Commodity Description and Coding System (HS) classifies electric energy as a commodity, like coal, gas and oil, but it is an optional heading in the HS classifications indicating that not all members are required to classify it as a commodity for tariff purposes. Belize does not at this time, apply tariffs to the importation of electric energy. 174 UNCTAD Secretariat, “Making “Request-Offer” Negotiations under the GATS: The Case of Energy Services,” Paper Presented to the UNCTAD Ad Hoc Expert Meeting on Energy Services (UNCTAD/ DITC/TNCD/2003/5), 23 May 2003, page 6. 175 Guide to the GATS, An overview of issue for further liberalization of Trade in Service, World Trade Organization, 2000, pg. 261 176 Or if natural gas is discovered in commercial quantities and exported. 177 Since Belize is forced to consider and encourage importation of electricity, it does not now and is unlikely to levy tariff restrictions of electricity imports. 178 Commercial presence of energy suppliersPDF Image | Energy for Sustainable Development Toward a National Energy Strategy for Belize Energy Sector Diagnostic
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