
Disclaimer:
Opinions expressed in the case studies and any errors or omissions
therein are the responsibility of their authors and not of the
editors of this volume or of the institutions with which they are
affiliated. The authors of the case studies wish to disassociate the
institutions with which they are associated from opinions expressed
in the case studies and from any errors or omission therein.
> Case
Studies main page
> Introduction
ON THIS PAGE:
> I. The services sector in Malaysia: a brief update
> II. Challenges for the Malaysian services sector in the wake of GATS
> III. Policies and strategic initiatives to prepare the services sector
> IV. Conclusion
> Bibliography
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As Malaysia begins to position itself strategically in the knowledge-based
economy, the services sector has been earmarked as its next engine of
growth. This idea, in its rudimentary form at least, has been bounced
around the discussion circles of policy-makers, policy scholars and
various other intellectuals involved in influencing national policy for
more than a decade now. Indeed, the importance of the services sector to
further Malaysia’s economic growth has been increasingly highlighted in
the country’s various development plans.
I. The services sector in Malaysia: a brief update
back to top
The tradability of services is set to be
enhanced further by the development of new transmission technologies
facilitating the supply of services (e.g. electronic banking, tele-education,
tele-medicine), the deregulation of monopolies (e.g. voice telephony),
and the gradual liberalization of hitherto regulated sectors such as
financial services and transport combined with changes in consumer
preferences. The share of services in the Malaysian gross domestic
product (GDP) has expanded from 48.8% in 1987 to 60.8% in 2003, if
construction services are included. This simple picture of services
growth, painted by existing statistics, can only become more vivid in
the near future.
In terms of WTO commitments, Malaysia has
signed the agreement under the single undertaking rule and General
Agreement on Trade in Services (GATS) as part of the whole package.
Under GATS, which follows a positive list approach, Malaysia is expected
to identify services sectors or sub-sectors and the modes of supply in
which it is willing to make commitments through the process of ‘scheduling’,
as well as to indicate any limitations on market access and national
treatment.
As of mid-2005, Malaysia had received requests
from twenty-one countries. Generally, the requests received covered a
wide range of professional services, advertising, news agency services,
telecommunications and computer-related services, and focused on areas
such as the liberalization of additional sectors not committed under
GATS, for example further liberalization or the elimination of
restrictions placed under the current commitments (for example, limits
on foreign equity and intra-corporate transferees) and transparency of
policies and domestic regulatory procedures (e.g. visa approval,
incentives, licensing). On the other hand, Malaysia has also forwarded
its own list of requests for market access to forty-five countries
covering architecture, engineering, accountancy, construction and
telecommunication services. These are areas where Malaysian services
providers have demonstrated the capacity to export.
In terms of sectoral commitments, foreign
companies in the field of accounting, auditing, bookkeeping and
taxation, as well as engineering services (joint ventures only) could
enter through local partnerships or joint ventures, and their equity in
the company should not exceed 30%. The same goes for distributive
services such as the wholesale and retail trades, which Malaysia has yet
to list in its national schedule of offers under GATS. Regarding legal
services, foreign lawyers are not allowed to provide services in
Malaysia. However, foreign legal firms can do so through companies
incorporated in Labuan. Foreigners in the medical field can practise in
private hospitals controlled by Malaysian companies. In the realm of
information, communications and technologies (ICT), a Multimedia Super
Corridor (MSC)-registered company can be fully owned by a foreign
company.
II. Challenges
for the Malaysian services sector in the wake of GATS back to top
The adoption of WTO trade rules in services
presents us with opportunities as well as threats. One thing which is
certain is that the globalization process together with participation in
the WTO will reduce the areas of domestic policies which can be
manoeuvred, in Malaysia and other countries. In order to enjoy greater
business opportunities arising from the global liberalization of
services, Malaysian services industries will have to adapt to a more
open market environment. In this context, the sector needs to build up
efficiency, productivity, and thus competitiveness, through essentially
market means as it becomes increasingly open to foreign participation
and global best practice standards, including transparency of rules and
regulations.
Although the pressure on Malaysia to
liberalize further will always be present, the GATS provides the
flexibility to open up fewer sectors and to impose specified
conditionalities in the concessions on market access. Despite such
flexibility, the main concern for the policy makers is that there is
only a limited number of services suppliers which are competitive by
international standards. The Malaysian Ministry of International Trade
and Industry (MITI) agrees that the services suppliers need to be ready
and approach the ongoing negotiations from the perspectives of both the
external and domestic markets.
The gradual liberalization measures will
inject some elements of competition and prepare suppliers to the
domestic market. The commitments undertaken by Malaysia under the GATS
would eventually lead to a greater presence of foreign services
providers in the country. This is envisaged as creating stiffer
competition to local providers, but the extent of such competition would
depend, in part, on the type, quality and price competitiveness of
services offered by the foreign providers. Although Malaysia has yet to
make any offer in certain areas, there is already a foreign presence in
Malaysia. For example, Malaysian legal practitioners are already making
good indirect use of alliances with foreign legal firms.
While the multinational corporations (MNCs)
and large enterprises are generally ready to deal with changes in the
global landscape, most of the small and medium-sized enterprises (SMEs)
still require capacity building to prepare themselves.(1)
Because of the incipient stage of development of these SMEs, they will
find it tough to compete in the domestic market, let alone taking
advantage of the vast opportunities associated with services market
openings. These SMEs, like their larger counterparts, are also adjusting
and learning to cope with WTO commitments in the area of GATS, TRIPS
(the Agreement on Trade-Related Aspects of Intellectual Property Rights)
and other regulatory changes that are needed for compliance. An
indiscriminate liberalization of the services sector can thus create a
lot of problems for the SMEs, resulting in their closures, net job loss
and so on.
On the other side of the coin, the ongoing
negotiations will provide suppliers to the international market with the
opportunity to seek further market access in both the developed and
developing countries. However, these suppliers encounter various
problems as well. There are two aspects of cross-border supply problems:
internal and external challenges faced by services suppliers. The
internal aspect deals with the capacity and capability of the services
suppliers, in terms of financial, technical and human resources. These
providers need to explore ways to position themselves better globally.
Externally, the services exporters would benefit significantly from
understanding the market destination, with respect to trade and
non-trade barriers, as well as business and social culture. For example,
in the area of professional services, a plethora of regulations in the
guise of economic needs tests (and local market tests and management
needs tests), processing of visa applications, residency requirements,
recognition of educational qualifications, social security
contributions, minimum capital and investment required for commercial
presence, local partners, profit repatriation and other hindrances stand
in the way of obtaining market access.
Thus the challenge is to reconcile the need to
protect the national interest in these sectors with the need to benefit
from services liberalization. The developments mentioned thus far bring
to the fore new challenges for the Malaysian economy, strengthening the
need for comprehensive strategies to be formulated to address them.
III. Policies and
strategic initiatives to prepare the services sector back to top
In preparing the services industry to meet the
challenges posed by the globalization and liberalization process under
the WTO, the Malaysian government has developed and explored various
strategies to enhance the competitiveness of the Malaysian services
sector. Some sectors, such as tourism, private education, promoted
manufacturing services, health and construction services, have been able
to capitalize on greater market liberalization, while others may face
problems adjusting to the evolving landscape. These strategic
initiatives are aimed at preparing services suppliers domestically and
assisting thriving services exporters.
While Vision 2020 provides the general
direction of Malaysia’s development aspirations, the specific
strategies involved are contained in the two Industrial Master Plans,(2)
the three Outlook Perspective Plans, and the various five-year Malaysia
Plans. Policies to promote specific services industries, such as
shipping, education, tourism and, more recently, ICT, already exist. All
that is needed, albeit crucially, is to tie these various
industry-specific policies together in a coherent and synergistic manner
so as to guarantee their efficacy, thereby providing a powerful boost to
the country’s economic growth and development. In the meantime, the
Malaysian Industrial Development Authority (MIDA) would be responsible
for the development and promotion of the services sector in the country,
except for financial services (Central Bank of Malaysia, BNM) and
utilities (Malaysian Communication and Multimedia Commission, MCMC). In
architectural terms, the successful construction of a building depends
in large part on the quality of the blueprint and its execution.
Likewise, in creating a new service-oriented economy, there is a crucial
need to develop a ‘services master plan’ to guide its development.
Up until now, the various planning documents have presented the various
services as separate sub-sectors whose roles were regarded as social or
facilitative in nature. As a result, the development of services in the
past lacked coherence and, more often than not, proceeded in an ad hoc
and fragmented manner. Although a framework for the coherent development
of the services sector that takes these into consideration is still in
the making, the government is profiling the services sector in an
attempt to understand the sector better, while the Department of
Statistics is looking into ways of measuring the sector more
effectively.
To prepare services providers, one of the
first steps undertaken is the creation of awareness and dissemination of
information on GATS. This includes the provision of briefings and
updates on the latest developments with regard to the process of
globalization and liberalization, as well as making available to members
critical information related to liberalization and the export of
services on a timely basis. For example, the WTO Technical Trade Barrier
Notifications issued by the Standards and Industrial Research Institute
of Malaysia (SIRIM), which provides updates on a regular basis, would be
useful. Furthermore, it would be useful to obtain feedback through
periodic surveys on the needs of the services providers with regard to
liberalization and WTO issues (informational WTO digest) and
export-readiness, and then fine-tune or formulate the necessary
strategic response based on the findings.
Conversations with chambers of commerce and
trade associations reveal that most Malaysian services providers are
aware of the WTO and GATS but lack understanding of the implication of
the world trading body for their businesses. Respective ministries
related to the services sector are involved in the capacity-building
efforts one way or another. It is thus essential for the ministries
concerned to be in constant discussion with the various professional
bodies, chambers of commerce, business associations, and key industry
players on the services Malaysia can open up to foreigners and the
services in which Malaysian providers can venture overseas. According to
Stewart Forbes, executive director of Malaysia International Chamber of
Commerce and Industries (MICCI), ‘MICCI engages government at every
opportunity to accelerate the liberalization process in the belief that
this will attract new technology and processes, which can be passed on
to Malaysians and act as catalysts for subsequent development’.
Moreover, MICCI’s president, Jon Chadwick,
feels that ‘greater contact between private sectors internationally
can only assist in developing a better awareness of business
opportunities, a better understanding of doing business in different
countries and an ability to find business matches more easily’. In
this respect MICCI signed a Memorandum of Understanding (MoU) with the
Chamber of Commerce of the Northern Territory (CCNT), Australia, which
provides an international business linkage that it hoped would ensure
that businesses in Malaysia would be aware and kept informed of trade
and investment opportunities. More of such international alliance would
serve as a good training ground for Malaysian companies towards full
services liberalization.
As mentioned earlier, SMEs are likely to be on
the receiving end. In the light of this and the fact that SMEs are most
likely to play a bigger role in the services-oriented economy, efforts
to encourage SMEs to concentrate on developing specific skills and
competencies for the export market are most important. SMIDEC has an
array of policies to promote SMEs such as the Global Supplier Programme,
the factory audit scheme and Enterprise 50.
MICCI has also launched an SME development
programme in the second half of 2004 to include elements such as (i)
increased awareness of branding importance and assistance through a
branding award for SMEs; (ii) a series of dedicated chamber-to-chamber
linkages through IT with a number of other countries so as to offer new
and more specific partnership opportunities to smaller companies seeking
to develop overseas linkages; (iii) low-cost IT-based trade services
aimed at increasing SME exposure and international credibility. The
Associated Chinese Chambers of Commerce and Industry of Malaysia (ACCCIM)
has set up the Science, Technology and Innovation Committee to assist
SMEs by participating actively at meetings or dialogues organized by
relevant government ministries and to contribute to government’s
formulation of policies and implementation of programmes and activities
to enhance the competitiveness of SMEs.
In the context of market access, various
government agencies have identified services sectors where there is
current potential for exports. According to the Malaysia External Trade
Development Corporation (MATRADE), these include healthcare services,
education, construction and related professional services such as
engineering and architectural services, printing and publishing
services, as well as IT services. In line with Malaysia’s needs and
priorities, the government has autonomously liberalized some of these
services sector.
Effectiveness in promoting services also
depends significantly on the state of export readiness of the Malaysian
services sector. Before the government can design programmes to enhance
export capability and capacity, they need to identify the ‘what, who,
where’ candidates, that is, what services to export, who is ready or
at least keen to export and where to export to. After the identification
process and the setting up of an extensive database for ease of use by
budding exporters in the future, the government (through MATRADE) can
educate services exporters to be aware of and compliant with the
standards and guidelines in the destination market, in accordance with
the WTO rules.
With the objective of supporting and promoting
the export of services, the Malaysian government has set up two bodies,
the NAPSEC (National Professional Services Export Council), which is
responsible for the promotion of export of professional services, and
the PSDC (Professional Services Development Corporation), which is
tasked with the responsibility of providing capacity building to the
professional services sector. The representation of various professional
bodies in these two entities is a reflection of the close collaboration
between the public and private sectors to promote the export of
services.
The key agenda of the PSDC is to enhance the
skills and knowledge of all Malaysian professionals and to promote their
marketability in an increasingly borderless world. The PSDC believes
that Malaysian professionals will need to stand out in the global
trading sector of professional services. For them to be recognised and
respected as competent, experienced, skilful and dynamic professionals,
it is imperative that the PSDC develop their capability and capacity
(see Box 1 for the role of the PSDC). According to the PSDC, the local
professional services providers lack financial strength, track record,
exposure, marketing skills and branding. Besides training, the PSDC is
putting these professional services providers together in a consortium
in bidding for projects abroad. This would serve to strengthen the
providers by leveraging on each other’s complementary skills.
|
Box 1: A background to the PSDC
The setting up of the
Professional Services Development Corporation (PSDC) was initially
proposed by the National Economic Action Council (NEAC), with the
aim of assisting professionals in the construction industry to
meet the challenges of globalization. The proposal was
subsequently approved by the cabinet and the PSDC was established
on 30 April 2002, with initial capital obtained from the Ministry
of Finance Incorporated.
Currently, the PSDC
looks into the interests of the professional bodies in Malaysia
— such as engineering, architectural, legal, accounting, planning,
surveying, medical and pharmaceutical — which collectively have
more than 80, 000 registered members.
The PSDC is tasked to
assist firms to shift from providing low-value- to
high-value-added services, where this ‘value migration’ could
be done systematically and through a concerted effort. The aim is
gradually to create a unique Malaysian brand of multi-disciplinary
professionals to perform in the international arena. Among the
strategies undertaken are branding, marketing and promoting the
Malaysian brand of professionals to other countries; establishing
Malaysia as a centre for the capacity- and capability-building of
professionals who are competent global players; and establishing
Malaysia as an information hub for the enhancement of the
intellectual capital of professionals.
To operationalize the
strategies, the PSDC would encourage the use of research and
development output; promoting the use of best practices;
strengthen financial, marketing, management and communications
skills through systematic training and continuous re-learning;
establish strategic alliances and international networking;
promote international accreditation for professional services
providers; and maintain an effective representation in the WTO and
other similar international bodies. In addition, the PSDC board
members provide a wide wealth of knowledge and experience, as well
as an excellent track record on the local and international
scenes.
In short, the PSDC
aspires to be the service provider in capacity building to both
foreign and local professionals, the point of reference for
professional services development and enhancement (a voice for the
professionals and an information hub for all local professionals),
and an international hub for professional services’ networking
and partnering.
Source :
Information obtained from the PSDC. |
On the other hand, the NAPSEC, which will
complement the PSDC, deliberates on issues, mainly incentives for the
services export sector and the identification of priority markets for
the export services (see Box 2 for NAPSEC’s functions). MATRADE, in
co-operation with the relevant professional bodies and government
agencies, such as the Ministry of Health, the Ministry of Education, the
Construction Industry Development Board and the Ministry of
Entrepreneurial Development, has organized promotional activities
overseas for the promotion of the services sector.
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Box 2: A background to NAPSEC
To assist MATRADE in drawing up
programmes and approaches in promoting the services sector, NAPSEC
(the National Professional Services Export Council) was launched
by the Minister of International Trade and Industry on 20 August
2001. NAPSEC serves as an advisory council to the MATRADE (the
Secretariat for NAPSEC) board of directors on matters relating to
the export of professional services. It comprises representatives
from the relevant professional bodies as well as the public
sector. The professional bodies involved are architects,
constructors, surveyors, engineers, accountants, lawyers and
healthcare. With the participation of these bodies, NAPSEC
provides a forum for obtaining private-sector views and inputs in
the formulation of strategies and programmes for the export of
professional services.
The terms of reference of NAPSEC are
- to formulate and review national strategies and promotion
programmes relating to the export of professional services,
including construction services;
- to recommend and facilitate funding for the export of
professional services;
- to formulate strategies to increase participation by
Malaysian professionals or companies in overseas projects
funded by international lending agencies;
- to gather and disseminate information related to market
opportunities;
- to review and recommend incentives for the export of
professional services;
- to compile databases or directories on export-ready
professional services providers with support and feedback from
the industry;
- to develop databases on market access issues and regulations
affecting export of professional services, including
facilitating mutual recognition agreements;
- to identify approaches to publicize the skills and
capabilities of the professional services, including
construction services, in international markets;
- to monitor global developments and their implications for
Malaysian professional services exports; and
- to monitor developments and provide inputs towards the
formulation of Malaysia’s position and commitment in WTO
negotiations in the professional services sector.
Source: Information obtained from
NAPSEC.
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Even Malaysia’s usually conservative
professional bodies, the legal, medical and engineering fraternities,
are beginning to allow their members to utilize IT and the Internet to
promote their services, in preparation for the eventual liberalization
of services under the ASEAN Free Trade Area (AFTA) and WTO agreements.
Moreover, for local services providers to venture abroad, mutual
recognition arrangements (MRAs) would need to be negotiated between
Malaysia and the foreign countries, ensuring harmonized benchmarks for
the services rendered.
In addition, MITI has decided to repeal the
Promotion of Investments Act, 1986 (PIA) and replace it with a new act
including wider scope for the development of the services sector, as
well as fine-tune the Industrial Co-ordination Act, 1975 (ICA) to ensure
that procedures and processes add to competitiveness. The government has
also identified other constraints to be reviewed such as variations in
the granting of incentives, anomalies in conditions for applications of
incentives and the lack of clarity on effective dates for tax relief
under Pioneer Status.
Changing the attitude of ‘waiting for
governments’ should be the next step towards dealing with the WTO. The
services providers should come forward and take a pro-active role and
lead government policies in countering challenges to the domestic
economy. The global trends in business have exposed a nation’s
industry to the test of the international standards of productivity.
According to Mustapa Mohamed, the Minister in the Prime Minister’s
Department, as quoted in the New Straits Times of 10 May 2004,
‘there are quite a few Malaysian companies that have made good abroad,
but they are small in number. To build strong companies and strong
brands, companies cannot merely rely on government handouts and
protection.’
With respect to human resources development,
there are currently gaps in terms of what is needed to develop the
services sector in Malaysia, particularly those related to highly
skilled human resources in the various services industries. Mustapa
suggested that ‘radical changes to the country’s education system
are both necessary and inevitable, but this will inevitably take some
time’. While currently high investments in the education sector should
ameliorate the human resource problem in the medium and long term, the
increasing mobility of people and the tradability of services leave
Malaysia with little time to train effective human resource in the
services sector. Hence a succinct and effective action plan is needed,
to prepare and equip local undergraduates with competencies and skills
to be globally competitive.
Coupled with the government’s efforts to
nurture the business community through a variety of entrepreneurial
support services, MICCI has also started a series of ‘industry-university’
dialogues to address directly the issue of workplace readiness among
graduates, and a soft skills development programme is being explored
with an international leadership institute.
The government needs to ensure that domestic
regulations are WTO-compliant as well as WTO-consistent. Working closely
with the relevant bodies is crucial. A periodic review of the
regulations, particularly on professional standards and elements of
transparency, would give services providers a big helping hand in
preparing for liberalization. For instance, in the area of accounting,
Malaysia continues to maintain its philosophy of convergence with
international accounting standards, harmonizing its standards by
minimizing differences to the greatest extent possible and modelling its
standards very closely on international standards.
On the multilateral front, Malaysia has always
pushed for the Emergency Safeguard Measures (ESM) provision in GATS,
which calls on WTO members to negotiate on measures that can be used
temporarily to address the adverse impact of the increased inflow of
services imports into the domestic market. Current negotiations are
focused on developing modalities for ESM. Malaysia, together with some
ASEAN members, submitted a proposal on possible mechanisms. The ESM is
important in offering confidence to countries, particularly developing
nations, in progressively liberalizing their services sector and
imposing temporary safeguard measures, if needed, to prevent irreparable
damage to domestic industries.
IV.
Conclusion back to top
Malaysia is currently experiencing a ‘shifting
of gears’ within the economic engine. While it is acknowledged that
making the various structural adjustments necessary to realize its goal
of creating a service-oriented economy will undoubtedly be a painful
process, it is, ultimately, necessary.
To reiterate, a policy framework and
strategies for the development of the services sector are vital for
Malaysia’s economy to continue to grow and develop. Crucial for the
success of these policies and strategies is a supportive physical and
human infrastructure. More than the agriculture or manufacturing
sectors, the services sector is highly dependent on the abilities and
know-how of people. Therefore human resources development must be an
integral part of any services sector development plan.
The services industry needs to have a level
playing field when competing with foreign services suppliers. While
pressing for such privileges at the multilateral front, it is necessary
for them to consider domestic reforms in various services sectors where
increased competition is likely to surface in the years ahead. The WTO,
in this context, provides the ambience for the creation of a credible
and reliable system of international trade (in services) rules. It is
important to note that services-sector liberalization is not independent
of other facets of the economy, for example investment liberalization.
And there are many benefits to be gained from recognizing the
complementarity between efforts in these areas and undertaking effective
actions. The services industry players need to undertake a proactive
role rather than a reactive one and take advantage of the system.
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NOTES:
1.- Although it is often suggested that only
large enterprises have the capacity and capability to export their
services, there might very well be some scope for SMEs in this area. back to text
2.- The Second Industrial Master Plan (IMP2)
promulgates a two-pronged development strategy — the Manufacturing Plus
Plus strategy and the cluster-based development strategy. In broad
terms, the cluster-based approach aims to promote specific industries in
an integrated and synergized manner to spur the development of
higher-value-added activities, while the Manufacturing Plus Plus
strategy calls for the participation of domestic producers and service
suppliers in the whole value chain of a product, from the initial stage
of product design and prototyping to the production stage of processing
and assembly and, finally, to distribution and marketing. back to text
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* Malaysian Institute of Economic Research.
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