WTO SERVICES NEGOTIATIONS: U.S. MARKET ACCESS

UNCLAS SECTION 01 OF 05 TAIPEI 000373 SIPDIS STATE FOR EAP/RSP/TC, EB/TPP/MTA, STATE PASS TO AIT/W AND USTR FOR CHOOKER, SKI, CFREEMAN E.O. 12958: N/A TAGS: ECON TW ETRD SUBJECT: WTO SERVICES NEGOTIATIONS: U.S. MARKET ACCESS PRIORITIES IN TAIWAN REF: 04 SECSTATE 270998 ¶1. AIT has reviewed the reftel list of service sectors and submits provides the following rankings in terms of: A) U.S. market access priorities (1 being the highest, 5 the lowest); and B) Taiwan's current level of market openness for each sector (high, medium, low). ¶2. Taiwan's service sector accounted for approximately 67 percent of its GDP in 2004, with the finance, insurance, and real estate sector accounting for 31 percent of the service sector's total production. Factors influencing the growth of Taiwan's service sector include a highly skilled workforce, access to venture capital, and government support for key service industries including biotechnology, pharmaceutical R&D, and digital content. Taiwan authorities are generally receptive to foreign investment in the services sector, although foreign engineering and construction firms continue to face significant market access barriers in the public procurement sector. Priority Market Openness -------------- -------------- 2.1 Legal Services 2 Medium Only two major U.S. law firms have a presence in Taiwan. Many firms have chosen to establish their China regional practices in the P.R.C., Singapore, and Hong Kong. Following Taiwan's accession to the WTO, foreign attorneys have been permitted to practice law in Taiwan by setting up individual practices or by entering into partnerships with local law firms. In order to practice domestic law, foreign attorneys must pass the local bar and use Chinese language when appearing before a court or submitting written briefs. If the foreigner does not meet these qualifications, local attorneys working for, or in cooperation with the foreign attorney may represent the foreign attorney's interests on domestic law issues. When practicing international or foreign law, foreign attorneys may practice under the title "Attorney of Foreign Legal Affairs" (AFLA). AFLA attorneys must be qualified to practice law in their home countries, and have at least five years of experience practicing law in their home jurisdiction. Foreigners may qualify to work as legal assistants to AFLAs if they are college graduates who majored in a law-related subject, have at least three years of work experience in the legal field, or have passed the bar examination in their home country. Priority Market Openness -------------- -------------- 2.2 Accounting, auditing & 2 Medium bookkeeping services 2.3 Taxation 2 Medium 2.4 Management consulting 2 High Taiwan is home to several U.S. audit and tax firms including Deloitte and Touche, KPMG, Ernst and Young, and PWC. Major U.S. consulting firms with operations in Taiwan include McKinsey, Mercer, and Accenture. Foreign accountants must pass the Taiwan CPA certification exam, possess a minimum knowledge of Mandarin, and register with the local government before commencing practice. No restrictions apply to management consulting practices. Priority Market Openness -------------- -------------- 2.5 Architectural services 3 Medium 2.6 Engineering and integrated 1 Low engineering services 2.7 Urban planning and 1 Medium landscape architectural services 2.8 Construction and related 1 Low engineering 2.9 Environmental services 1 Medium 2.10 Maintenance and repair 4 Medium of equipment 2.11 Building cleaning services 5 Medium Taiwan's demand for engineering, construction, and environmental services in both the private and public sectors is expected to grow rapidly as Taiwan builds new water treatment facilities, hospitals, shopping malls, office buildings, condominiums, and infrastructure. In 2003, Taiwan spent U.S. $21.6 billion (NT $693.2 billion) on publicly funded construction and engineering projects (Taiwan Public Construction Commission, Executive Yuan). This total can be divided into three categories: construction work (U.S. $11.31 billion),property (U.S. $7.03 billion),and service (U.S. $3.26 billion). Although spending on publicly funded construction projects is on the rise, Taiwan authorities have done little to improve market access for foreign firms interested in bidding on public sector projects. Taiwan committed to acceding to the WTO Agreement on Government Procurement (GPA) by January 2003. It has not yet acceded to the GPA, however, due to unresolved nomenclature issues. Once joining the GPA, Taiwan must announce and accept bids for procurement projects over certain thresholds to both foreign and domestic competitors. Currently, foreign engineering firms seeking government procurement contracts face unfavorable liability terms, bureaucratic delays, and strict rules requiring them to appoint locally licensed professional engineers as their managerial representatives in Taiwan. Priority Market Openness -------------- -------------- 2.12 Computer and related 1 High services 2.13 Audiovisual 3 Medium 2.14 Photographic services 5 Medium 2.15 Printing, publishing 5 Medium Taiwan's information and communications sector is one of the most developed in Asia. Currently, Taiwan's 23 million people have 8.01 million Internet accounts. This includes 3.6 million broadband connections, an increase of 24.8 percent since last year. Steady growth is expected in Internet-related services, including high-speed networking, online security, and digital content development. Taiwan plans to establish itself as the greater China region's leader in digital content development. In 2004 Taiwan authorities designated digital content as a "star" industry in its "Two Trillion, Two Stars" development plan. Valued at NT$153.7 billion (U.S. $4.8 billion) in 2002, Taiwan authorities expect the digital content industry to reach a target of NT$370 billion (U.S. $11.6 billion) by 2006. Priority Market Openness -------------- -------------- 2.16 Telecommunications 3 Medium Taiwan's telecommunications infrastructure is highly developed. As of November 2004, the number of mobile phone accounts in Taiwan stood at 21.81 million in a market with a total population of 23 million people. Although Taiwan's consumer demand for both mobile and fixed line services is among the highest in the region, the market remains largely unattractive to foreign companies. Until recently, aggregate foreign ownership of telecommunications companies in Taiwan was limited to 20 percent. The amended Telecom Act increased this portion to 60 percent in 2003. Chunghwa Telecom (CHT),the state-owned former monopoly provider, dominates the fixed line telecom market. While CHT is expected to be fully privatized by March 2005, Taiwan authorities still control the majority of its shares. Under current regulations, telecom companies may file applications for fixed line operating licenses on a biannual basis. Minimum capital and telephone line building requirements apply to foreign telecom firms; however, these requirements may be lowered later in 2005. To date, no U.S. firms have applied for fixed line operating licenses in Taiwan. Priority Market Openness -------------- -------------- 2.17 Banking and other 1 Medium financial services The financial services sector (including finance, insurance, and real estate services) accounted for 31 percent of Taiwan's total service sector production in 2004. Taiwan has encouraged foreign asset management companies to help local banks dispose of their non-performing loans (NPLs). In total, foreign banks, including GE Capital, Merrill Lynch, GMAC, Salomon Brothers, and Lehman Brothers, have invested over NT 27 billion (U.S. $843.8 million) in NPL purchases. Taiwan has lifted restrictions on foreign purchasing and selling of securities and bonds. It has further opened the market to foreign banks by allowing mergers with local institutions and by permitting foreign financial institutions to invest up to a 100 percent stake in domestic banks. Foreign banks have noted, however, that Taiwan's financial services sector requires further liberalization. Some of the areas that require further opening to foreign banks include, 1) foreign currency and dual currency account services, and 2) derivative products and investments in offshore funds that invest in derivatives. Priority Market Openness -------------- -------------- 2.18 Insurance Services 1 High The insurance market is extremely competitive in Taiwan, with over 52 life and non-life insurance companies operating on the island. U.S. companies including Met Life, New York Life, and Prudential are well-established in Taiwan. Priority Market Openness -------------- -------------- 2.19 Tourism and travel- 2 High related services including: hotels, restaurants, catering, travel agencies, tour operators, tourist guides 2.20 Convention Services 3 Medium Taiwan has placed a strong focus on developing its domestic tourism industry and declared 2004 "Visit Taiwan Year." Tourism has also been targeted as a growth industry for Taiwan's "Challenge 2008" development plan. By 2008, Taiwan aims to double its number of international visitors to 2 million per year. Plans include the development of performing and visual arts facilities, innovative tour packages, and telephone access to foreign language tourist information. Currently, U.S. hoteliers including Hyatt, Sheraton, and Westin, have a solid reputation in Taiwan's high-end lodging market. To further attract foreign tourists, Taiwan authorities are encouraging the development of the mid-tier lodging market. Priority Market Openness -------------- -------------- 2.21 Recreation and sporting 1 High services, including: entertainment, news agencies, archives, museums, other cultural services, sporting, and other recreational services Taiwan has a rapidly growing digital content industry. Investment opportunities include digital gaming, multimedia wireless applications and services, video data processing and streaming, and interactive digital television entertainment. Digital animation has been identified as a key industry in the Challenge 2008 six-year national development plan. Industry support programs, tax breaks, and government financial assistance are available to enterprises investing in local digital animation and film productions. In addition to online and computer based entertainment, Taiwan consumers are fond of U.S. films, music, and sports. Time Warner has been very successful in Taiwan's entertainment market, establishing ten multiplex theatres throughout the island. Priority Market Openness -------------- -------------- 2.22 Real estate services 1 High 2.23 Rental and leasing 1 High services Taiwan applies few restrictions to foreign real estate and related firms. Foreign players dominate Taiwan's commercial real estate management sector. Of note, a multi-national real estate management firm, Jones Lang LaSalle, is the leasing agent for the new Taipei 101 office building. Priority Market Openness -------------- -------------- 2.24 Courier services 1 High Foreign companies, including UPS, FedEx, and DHL, occupy most of Taiwan's international air courier market. Although Taiwan authorities have encouraged air courier companies to make Taipei a regional hub, most air couriers have chosen Hong Kong or the Philippines over Taiwan due to Taiwan's lack of direct air links to Mainland China. Priority Market Openness -------------- -------------- 2.25 Distribution services 1 High including: commission agents' services, wholesale trade, retailing, and franchising 2.26 Packaging services 4 Medium Shopping malls and large scale supermarkets offering a variety of locally produced and imported goods are attractive to Taiwan's consumers, as demonstrated by the rapid growth of European supermarket chains including Tesco and Carrefour, as well as the U.S. warehouse chain, Costco. Currently, Taiwan is home to over 58 department stores and more than 6,851 chain convenience stores. U.S. restaurant franchises including Pizza Hut, McDonalds, Burger King, Subway, Starbucks, Kentucky Fried Chicken, Domino's Pizza, and Chili's are popular among Taiwan consumers. Priority Market Openness -------------- -------------- 2.27 Energy services 5 Medium including landsite preparation, drilling, and plugging 2.28 Services incidental 1 Medium to energy distribution Taiwan imports 98 percent of its total energy supply. The local market is led by two state enterprises: Taiwan Power Company (Taipower),and Chinese Petroleum Company (CPC). Both Taipower and CPC are in the process of upgrading their facilities. The construction of the Fourth Nuclear Power Plant, an LNG receiving terminal at the port of Taichung, and petrochemical plant expansion in Mailiao present opportunities for U.S. suppliers of construction services and related services. However, as stated earlier in this report, foreign bidders on public sector projects face numerous difficulties. Priority Market Openness -------------- -------------- 2.29 Education services, 1 High including: higher education, adult education, other education services (i.e., testing and computer or language training) Taiwan has a growing demand for e-learning, as well as on- the-job training covering topics such as IT, English as a Second Language (ESL),management, interpersonal skills, and performance evaluation. Traditionally, the U.S. has been a popular study abroad destination for Taiwan students. Taiwan is currently the fifth largest source of international students in the U.S. In recent years however, the U.K., Australia, and New Zealand have stepped up marketing efforts and have gained a significant share of Taiwan's undergraduates going abroad to study. Priority Market Openness -------------- -------------- 2.30 Technical testing and 1 Medium analysis services Semiconductors, electronics, communications equipment, and other high tech products form the backbone of Taiwan's export-focused economy. Taiwan's IC packaging and testing market is the world's largest. The market size for testing services in Taiwan was U.S. $1.8 billion in 2004. As Taiwan's high tech manufacturing sector expands into newer technologies, its demand for advanced testing services is expected to rise. Priority Market Openness -------------- -------------- 2.31 Advertising services 1 High 2.32 Market research, 2 High public opinion, polling services Foreign advertising and market research firms are well- established in Taiwan. No restrictions apply to foreign firms in these fields. Priority Market Openness -------------- -------------- 2.33 Placement and supply 2 High services of personnel Taiwan's executive search market grew steadily in 2004 after hitting a low during the SARS crisis of 2003. Continued growth is expected, but will depend on ongoing political stability. No restrictions apply to foreign firms in this market, however, executive search firms have noted that Taiwan's strict regulations on hiring foreign workers makes it difficult for them to introduce prospective foreign executives and engineers, particularly P.R.C. nationals, to their local clients. In general, foreign executive search firms in Taiwan focus on introducing prospective local hires to multinational corporations that are investing in Taiwan or the P.R.C. Priority Market Openness -------------- -------------- 2.34 Research and development 1 High services Taiwan's well-educated population, venture capital resources, and high-level government support have created a wealth of investment opportunities for foreign R&D firms. Foreign companies that invest in a regional headquarters or R&D center through Taiwan's "Action Plan for Encouraging Foreign Companies to Establish Regional Headquarters in Taiwan" may be eligible for tax benefits, free or inexpensive use of land in government-designated districts, as well as research subsidies. In addition, Taiwan has established biotechnology as a growth industry in its "Two Trillion, Twin Stars Plan" and its "Challenge 2008 National Development Plan." Taiwan authorities plan to attract U.S. $4.34 billion in biotechnology-related investments and achieve 25 percent annual growth in the biotechnology sector by 2008. PAAL