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New threat looms of cross-border data tariffs from WTO

(2022/06/15)


Concern is growing that a World Trade Organization (WTO) moratorium on cross-border tariffs covering data may not be extended, which would hit e-commerce if countries decide to introduce such tariffs.

Representatives of the WTO's 164 members are meeting in Geneva as part of a multi-day ministerial conference. June 15 was to be the final day but the trade organization [1]today confirmed it is being extended until June 16, to facilitate outcomes on the main issues under discussion.

The current moratorium covering e-commerce tariffs was introduced in 1998, and so far the [2]WTO has extended it at such meetings, which typically take place every two years.

[3]

The 1998 declaration stated that "members will continue their current practice of not imposing customs duties on electronic transmission."

[4]

[5]

However, it appears that some countries are now threatening to block another extension to the moratorium, with India and South Africa named as being among those that believe the growth of the internet and digital services means that a rethink is called for.

In other words, some countries are eyeing the potential revenue they could make from taxing e-commerce the same way that tariffs are imposed on physical goods traded internationally.

[6]

This could lead to increased prices not just for digital services, but also for buyers who make cross-border purchases from sites such as Amazon, partly because it would increase the regulatory burden on companies, experts said.

According to Reuters, the technology industry is pushing for the WTO to continue to exempt data flows from cross-border tariffs, for fear of the damage that could occur to the global economy if some WTO members were to impose tariffs.

[7]Russia mulls making software piracy legal and patent licensing compulsory

[8]US winds up national security team dedicated to Chinese espionage

[9]China details relocation plan for up to five million datacenter racks

[10]European Union takes China to WTO over smartphone patents

Many countries are already suffering from high inflation rates, banks are raising interest rates, and multiple industries are still recovering from the pandemic .

Reuters reports that a number of tech industry associations have written to the WTO urging members to renew the moratorium, claiming that failure to do so would undermine the global economic recovery.

David Henig, UK director for the European Centre for International Political Economy, said he did not believe we will see tariffs being imposed on cross-border data flows.

[11]

"The WTO has until tonight to extend a moratorium on tariffs on digitally delivered services, if that doesn't happen we could then see them introduced by some members," he commented.

"Typically it will be resolved at the last minute, we've had these kinds of crises before, and this does look more worrying than usual. However, I'm still thinking there will be a late deal."

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[1] https://www.wto.org/english/news_e/news22_e/mc12_15jun22_e.htm

[2] https://www.wto.org/index.htm

[3] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2YqoCH4NPCtajCK1W0ZM-7gAAAIE&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0

[4] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YqoCH4NPCtajCK1W0ZM-7gAAAIE&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0

[5] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33YqoCH4NPCtajCK1W0ZM-7gAAAIE&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0

[6] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YqoCH4NPCtajCK1W0ZM-7gAAAIE&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0

[7] https://www.theregister.com/2022/03/08/russia_software_piracy/

[8] https://www.theregister.com/2022/02/24/us_china_initiative_ended/

[9] https://www.theregister.com/2022/02/22/china_west_and_east_datacenter_plan/

[10] https://www.theregister.com/2022/02/21/eu_takes_china_to_wto_over_smartphone_ip/

[11] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33YqoCH4NPCtajCK1W0ZM-7gAAAIE&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0

[12] https://whitepapers.theregister.com/



TCP/IP

elsergiovolador

The Customs Protocol / International Payola

Can you imagine attaching a customs form / blob to each data packet?

Then the customs officer inspecting your payload moaning that you didn't declare eggplant emoji and your data gets confiscated.

"taxing e-commerce the same way that [..] physical goods traded internationally"

Pascal Monett

In truth, I have to admit that that does not seem unreasonable.

At the condition that the trade is made internationally. Currently, I make purchases on Amazon.fr. That, to me, means that whatever international taxation there is has already taken place. If that's not the case, they should clean that part up, but I fail to see why I should be contacted for international taxes when I'm buying stuff stored in France from a French web site.

Looks like another storm in a teacup from where I'm sitting.

Re: "taxing e-commerce the same way that [..] physical goods traded internationally"

codejunky

@Pascal Monett

"In truth, I have to admit that that does not seem unreasonable."

You might if the prices rise for no gain. Is it to your benefit to get something you want or to get something you want + tip to the gov?

Re: "taxing e-commerce the same way that [..] physical goods traded internationally"

Peter2

Nobody particuarly likes paying taxes, but they do pay for police stopping people digging cables up to sell for scrap, and schools, hospitals etc.

Re: "taxing e-commerce the same way that [..] physical goods traded internationally"

Peter2

I suspect that the issue comes down to Microsoft stating that everybody in the world will no longer own licenses, but will pay a monthly rental to Microsoft 365 so the local company South African company that was selling the licenses and paying tax has ceased to exist in favour of paying Microsoft USA sums of money constantly.

Similar with Netflix subscriptions displacing retail CD/DVD sales and presumably countless other examples that have moved to a subscription basis.

I can see why taxing those sort of constant ongoing revenue streams would be attractive and I also can't see a reason why companies shouldn't pay reasonable taxes where the users are based, although I can see that they will scream blue murder about being required to do so.

Finagle's Eighth Law:
If an experiment works, something has gone wrong.

Finagle's Ninth Law:
No matter what results are expected, someone is always willing to
fake it.

Finagle's Tenth Law:
No matter what the result someone is always eager to misinterpret it.

Finagle's Eleventh Law:
No matter what occurs, someone believes it happened according to
his pet theory.