March 2002 INTERNATIONAL ELECTRONIC COMMERCE

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United States General Accounting OfficeGAOReport to the Ranking Senate MinorityMember of the Joint EconomicCommitteeMarch 2002INTERNATIONALELECTRONICCOMMERCEDefinitions and PolicyImplicationsGAO-02-404

PrefaceThe rapid growth in the use of Internet-based computertechnologies over the past several years has significantimplications for the United States. In particular, theability to conduct business via the Internet has broughtabout important changes not only in the way companiesdo business with each other but also in the way theyinteract with consumers. The Internet allowsbusinesses and consumers from different countries tointeract as easily as if they were physically close to eachother. This borderless aspect of international electroniccommerce creates a wider marketplace that facilitatesnew transactions and business relationships. However,the potential for widespread adoption of internationalelectronic commerce by businesses and consumersraises a number of questions, from the technical to thepolicy-related. These fall into several areas, includingthe following: (1) What is international electroniccommerce? (2) What data on international electroniccommerce (IEC) does the U.S. government collect? (3)What is being done to remove obstacles and facilitateconsumer and business use of international electroniccommerce? (4) What are some of the efforts being madeto adapt the legal framework for international electroniccommerce transactions? and (5) How do internationaltrade agreements and negotiations address barriers tointernational electronic commerce? This reportprovides information on these emerging electroniccommerce issues.OverviewDespite widespread use of the term “internationalelectronic commerce,” it has no commonly accepteddefinition. Different institutions use the term electroniccommerce to describe different things. For example,some definitions imply use of the Internet, while othersdefine electronic commerce more broadly to includetransactions that involve devices such as facsimile (fax)machines, telephones, and computer-based systems.However, for measurement purposes, there is generalagreement that the on-line commitment to sell a good orPage 1GAO-02-404 International E-Commerce

Prefaceservice is necessary for any transaction to becategorized as electronic commerce. Internationalelectronic commerce, as a subset of total electroniccommerce, generally involves an on-line commitment tosell that results in the import or export of goods andservices.The U.S government does not produce an officialstatistic for the value of international electroniccommerce. Current government statistics for electroniccommerce are drawn only from selected industries:namely, manufacturing, merchant wholesale trade,selected services, and retail trade. However, thesestatistics do not distinguish between domestic andinternational electronic commerce. Although statisticson international trade in goods and services cover manymajor types of international electronic commercetransactions, these statistics do not distinguish betweenelectronic and traditional types of transactions.Policymakers are working on how to facilitate consumeruse of international electronic commerce. Theyrecognize that the adoption of international electroniccommerce will depend in part on consumers’ confidencethat they will be treated fairly in on-line transactions andthat their personal information will be protected.Therefore, the efforts to adopt international electroniccommerce address the problems of coordinatingconsumer protection measures internationally andprotecting data privacy on line. In addition,policymakers consider that ensuring the security offinancial information on computer networks isimportant to ensuring consumer confidence, and thatconcerns about existing payment mechanisms for someinternational consumers is a challenge to the futuregrowth of international electronic commerce.International electronic commerce also creates newchallenges for the legal regimes governing cross-borderPage 2GAO-02-404 International E-Commerce

Prefacecommerce. For example, although internationalelectronic commerce offers the potential to executecontracts electronically, only a few countries currentlyhave laws in place that recognize the validity of theelectronic signatures and contracts that would makethis possible. Several U.S. government departments andagencies, as well as U.S. businesses and civil societygroups, are working through international forums toadapt the existing legal, intellectual property, andtaxation regimes to remove the obstacles that hinderinternational electronic commerce from thriving.However, many of these actions are still in the earlystages.Finally, while the Internet facilitates electroniccommerce across national boundaries, some steps in anelectronic transaction still face physical or legal barriersat the frontier (such as delivering a physical productordered on line). Ongoing trade negotiations areaddressing barriers that reduce the efficiency ofconducting business and consumer transactions inInternet services, information technology products,express shipments, and other components ofinternational electronic commerce.We undertook this review at the request of the rankingSenate minority member of the Joint EconomicCommittee. As arranged with that office, unless thecontents are publicly announced earlier, we plan nofurther distribution of this report until 30 days after itsissue date. At that time, we will send copies to interestedcongressional committees and the Honorable PaulO’Neill, secretary of the treasury; the Honorable DonaldEvans, secretary of commerce; the Honorable ColinPowell, secretary of state; the Honorable John Ashcroft,attorney general; and the Honorable Robert Zoellick,U.S. trade representative. Copies will also be madeavailable to others upon request.Page 3GAO-02-404 International E-Commerce

PrefaceIn this report, we provide general information. Forreaders who are interested in more detailed informationon the topics covered here, we have included relevantsources and Web site addresses. If there are anyquestions regarding this report, please contact LorenYager at (202) 512-4347. Additional GAO contact andstaff acknowledgments are listed in appendix IV.Loren YagerDirector, International Affairs and TradePage 4GAO-02-404 International E-Commerce

ContentsPreface1Section 1:DefiningInternationalElectronicCommerce9Section 2:Collecting U.S.GovernmentData onInternationalElectronicCommerce14Section 3:RemovingObstacles ge 5GAO-02-404 International E-Commerce

Section 4:AdaptingCommercialand LegalFrameworks51Section mentsandNegotiations69AppendixesAppendix I:Objectives, Scope, and Methodology 76Appendix II:Definitions and Measurement ofElectronic Commerce79U.S. Government Collection ofInternational Trade Statistics89GAO Contact and StaffAcknowledgments93Appendix III:Appendix IV:Related GAOProducts94Page 6GAO-02-404 International E-Commerce

TablesTable 1:Table 2:Table 3:Table 4:FiguresFigure 1:Figure 2:Figure 3:Figure 4:Figure 5:Figure 6:Figure 7:Figure 8:Figure 9:Figure 10:Figure 11:Figure 12:Figure 13:Page 7U.S. Laws Governing Privacy ofPersonal InformationSummary of Basic Principles ofData Privacy and Protection Lawsin the OECD GuidelinesLimitations of Existing PaymentMechanismsDefinition of Electronic CommerceEstimates of U.S. InternationalElectronic Commerce, 2000–2004U.S. Electronic Commerce RetailSales, 1999–2001eBay Net Revenue, 1997–2001The U.S. Federal Trade Commission’sEconsumer.gov on the InternetThe Internet Fraud ComplaintCenter on the InternetExamples of Trustmarks forBBBOnline, SquareTrade, andCPA WebTrustGAO’s Privacy Statement on theInternetExample of an Electronic MoneyTransactionProposed EU Approach forCollecting Value-added Tax onTransactions Involving EU CitizensCurrent Approach for CollectingValue-added Tax on EU CitizensTime Line of WTO Agreements andDecisions Related to ElectronicCommerceElectronic Commerce as aPercentage of Total Retail Sales,2000: An International PerspectiveU.S. B-to-C Electronic CommerceEstimates, 2-404 International E-Commerce

AbbreviationsBEAEUEDIFTAAFTCIECOECDBureau of Economic AnalysisEuropean UnionElectronic Data InterchangeFree Trade Area of the AmericasFederal Trade CommissionInternational Electronic CommerceOrganization for Economic Cooperation andDevelopmentNCCUSLNational Conference of Commissioners onUniform State LawsUETAUniform Electronic Transactions ActUNCITRAL United Nations Commission onInternational Trade LawUSTRU.S. Trade RepresentativeWIPOWorld Intellectual Property OrganizationWTOWorld Trade OrganizationPage 8GAO-02-404 International E-Commerce

Section 1: Defining InternationalElectronic CommerceInternational electronic commerce (IEC) involves crossborder transactions through computer networks. It is asubset of electronic commerce (E-commerce), whichitself generally involves buying or selling on line.Definitions of IEC vary widely, although generalagreement exists that an international electroniccommerce transaction must involve an on-linecommitment to sell a product that results in the importor export of goods or services. The value of IEC is notgenerally measured, as only one private research firmhas made an estimate of its size. The estimate suggeststhat IEC accounts for a small portion of overallinternational trade.Q. How Is International Electronic CommerceDefined?There is no widely accepted, specific definition forinternational electronic commerce. Nevertheless,several government and private-sector entities havedeveloped functional definitions of electroniccommerce so that they can collect useful statistics.1These efforts have led to a general acceptance oftransaction-based definitions, many of which require anon -line commitment to sell a good or service for anactivity to be categorized as electronic commerce. In atransaction-based definition, electronic commerce isrestricted to buying and selling, as distinct fromconducting E-business. E-business includes all aspectsof on -line business activity—purchasing, selling,tracking inventory, managing production, handling1Institutions such as Statistics Canada, the U.S. Department ofCommerce, the Organization for Economic Cooperation andDevelopment (OECD), and several U.S. private research andconsulting firms have pioneered this work. The Department ofCommerce’s E-business steering group was initiated in 1998 and drewheavily from previous work by Statistics Canada. The OECD is aninternational organization representing 30 countries that researches avariety of economic, social, and governance issues to help memberstates better address the challenges of a global economy.Page 9GAO-02-404 International E-Commerce

Section 1: Defining InternationalElectronic Commercelogistics, and supplying communications and supportservices. Therefore, international electronic commerce,as a subset of overall electronic commerce, can begenerally defined as any transaction that involves anon-line commitment to purchase and results in theimport or export of goods and services.Q. What Are Some Examples of InternationalElectronic Commerce and Non-electronicCommerce Transactions?Although a variety of definitions exist, the followingtransactions would likely be considered internationalelectronic commerce, provided the on-line ordersgenerate the cross-border movement of goods orservices: (1) the purchase of a book ordered over theInternet from Amazon.com by a French customer, fordelivery in Paris; (2) the reservation of a hotel room orrental car over the Internet by a U.S. citizen traveling toItaly; (3) the purchase of the rights to downloadsoftware by a manufacturer in Moscow from aCalifornia-based company; or (4) the purchase of officesupplies from a U.S. company, using an on-line auctionservice, for delivery to a business in Canada.Other E-business transactions that generatedisagreement over whether they qualify as E-commerceunder this definition include international transactionsthat (1) occur over non-Internet applications or privatenetworks or (2) do not involve an on-line commitment toengage in a transaction. Examples of these transactionsinclude (1) the conducting of research by a Mexican cardealership on car prices on the Web site of a Detroitbased manufacturer that leads to an off-line purchase;(2) the purchase of raw materials by a Belgium-basedcompany from a U.S. manufacturer using the latter’sprivate, interactive network; (3) the purchase of catalogitems by a U.S. citizen from a London-based companyusing an interactive telephone system; and (4) thePage 10GAO-02-404 International E-Commerce

Section 1: Defining InternationalElectronic Commercewithdrawal of money from an automated teller machinein Nigeria from an offshore account in New York.See appendix II for a more detailed discussion ofelectronic commerce definitions.Q. What Is the Value of U.S. InternationalElectronic Commerce?Forrester Research, an independent research firm thatanalyzes technological trends and their impact onbusiness, industry, and the economy, estimates that U.S.on-line exports accounted for 7.4 billion and on-lineimports for 16.2 billion in 2000. These figures amountto just 0.69 percent of total U.S. exports and 1.12 percentof total U.S. imports. Forrester defines internationalelectronic commerce as international trade in goods andservices in which the buyer places the final order overthe Internet. The U.S. government does not collectstatistics specifically on international electroniccommerce (see section 2), and Forrester Research, Inc.,is the only research firm that produces estimates andforecasts for international electronic commerce. 2Although international electronic commerce accountsfor a small fraction of international trade at present,Forrester predicts that international electroniccommerce will experience rapid growth, ultimatelymaking up 20.5 percent of total U.S. exports and 25.6percent of total U.S. imports by 2004.2We met with researchers from Forrester Research, Inc. However, wedid not independently analyze the quality of the company’smethodology for developing international electronic commerceestimates. The methodology used to arrive at the company’s estimatesrelies on a mix of quantitative and qualitative analysis. (See appendixI.)Page 11GAO-02-404 International E-Commerce

Section 1: Defining InternationalElectronic CommerceForrester Research’s international electronic commerceforecasts for 2000–2004 indicate that there was a smallInternet trade deficit (the amount by which imports intothe United States exceed exports from the UnitedStates) in 2000 and that even larger deficits will developin subsequent years (see figure 1). Forrester’s findingthat on-line imports dominate on-line exports isconsistent with existing aggregate trade patterns. Atpresent, aggregate imports of goods and services exceedexports in U.S. trade. However, because there are nocomparable official government statistics and GAO hasnot done a systemic analysis of Forrester’s methodology,we cannot evaluate the reliability of these estimates.Page 12GAO-02-404 International E-Commerce

Section 1: Defining InternationalElectronic CommerceFigure 1: Estimates of U.S. International Electronic Commerce, 2000–2004Source: Forrester Research, Inc. (2001).(See appendix II for a more thorough presentation anddiscussion of electronic commerce measurement,including the Census Bureau’s electronic commercemeasurement program.)Web sites for more information on electroniccommerce measurementU.S. Bureau of the Census: www.census.gov/estatseMarketer: www.emarketer.comPage 13GAO-02-404 International E-Commerce

Section 2: Collecting U.S.Government Data on InternationalElectronic CommerceThe Commerce Department’s U.S. Census Bureau andBureau of Economic Analysis (BEA) collect generaltrade statistics. The focus of these agencies’ programs ison complete coverage of international transactions, noton separate data for international electronic commerce.Collecting such data is difficult, because electroniccommerce is a recent and rapidly evolving phenomenonand because additional surveys would be needed. Insome cases, the phenomenon would require agencies toreassess their methodologies and data-gatheringtechniques and to devise new techniques to fill the gapsin their statistics. In other cases, the agencies wouldneed to expand the detail collected on existing surveysof services and on the administrative records used tocompile the statistics on goods. The Census and the BEAhave been attempting to improve the quality of theiraggregate international trade statistics. Over the lastseveral years the BEA has added new surveys and madeothers mandatory to provide estimates of previouslyunreported services.Q. What Other Data Does the U.S. GovernmentCollect on the Value of International ElectronicCommerce?Currently, the United States collects no separate, officialdata on the value of international electronic commerce.The Census Bureau and the Bureau of EconomicAnalysis provide aggregate trade data but do not collectstatistics specifically on international electroniccommerce. (See appendix III for a discussion ofinternational trade statistics collection.) The CensusBureau also conducts a measurement program thatfocuses on total electronic commerce activity inselected sectors of the U.S. economy. However,international electronic commerce statistics are notamong the electronic commerce statistics that thebureau provides.1 In its measurement program, thebureau produces baseline measurements of electroniccommerce, and some consider the Census Bureau to bePage 14GAO-02-404 International E-Commerce

Section 2: Collecting U.S.Government Data on InternationalElectronic Commercethe definitive source for this information. Figure 2shows U.S. electronic commerce retail sales from 1999through 2001. These statistics show that electroniccommerce represented only a small share(approximately 1 percent) of overall U.S. retail sales.U.S. Department of Commerce officials believe that thevast majority of electronic commerce transactions arecaptured in the aggregate international trade statistics.However, Commerce officials also acknowledge thatsome significant gaps may exist in the coverage ofinternational transactions because of unresolved datacollection challenges posed by international electroniccommerce (see next question), and that ongoing effortsare necessary to ensure that the data collection systemresponds to new developments. 21Although the U.S. Census Bureau surveys generally do not allow aseparation of international from domestic transactions, data from a1999 bureau retail survey provide a rough “guess-estimate” about thesize of electronic commerce-related international trade. In that survey,the bureau attempted to get an estimate for international electroniccommerce by asking companies to check the percentage range forelectronic commerce sales that were generated by foreign customers.While a large number of companies did not report, the respondentstypically noted that international electronic commerce salesaccounted for less than 5 percent of total E-retail sales. If thispercentage were applied to the entire sample, it would imply thatinternational E-retail sales were less than 264 million for the fourthquarter of 1999 (a small portion of an already small number). OneCensus Bureau official noted that from this rough estimate it appearsthat the leading electronic commerce retailers are channelinginternational E-sales through foreign subsidiaries in lieu of conductingcross-border trade in goods and services.2See Barbara Fraumeni, “Electronic Commerce: Measurement andMeasurement Issues,” American Economic Review 91 (May 2001):318–22; Ralph Kozlow, “International Accounts Data Needs: Plans,Progress, and Priorities,” prepared for presentation to BEA AdvisoryCommittee, Washington, D.C. (November 17, 2000); and BarbaraFraumeni, Ann Lawson, and Christian Ehemann, “The NationalAccounts in a Changing Economy: How BEA Measures ElectronicCommerce,” presented at the Brookings Workshop on Measuring Ecommerce, Washington, DC (September 1999). Likewise, thepresident’s 2003 budget submission to Congress states that the growthof electronic commerce presents challenges to the statistical agenciesand threatens the accuracy and timeliness of the nation’s key statistics.Page 15GAO-02-404 International E-Commerce

Section 2: Collecting U.S.Government Data on InternationalElectronic CommerceFigure 2: U.S. Electronic Commerce Retail Sales, 1999–2001Source: U.S. Bureau of the Census.Q. What Challenges Does International ElectronicCommerce Present for Collecting Statistics?Collecting statistics on IEC poses several challenges, aslisted below: Accounting for the growth of low-value exports. Therise of electronic commerce may lead to an increasein the volume of low-value goods exports (valued atless than 2,500), including exports shipped out insmall parcels through the postal service. Because thePage 16GAO-02-404 International E-Commerce

Section 2: Collecting U.S.Government Data on InternationalElectronic CommerceCensus Bureau does not directly count low-valueshipments but rather estimates them on the basis ofinformation from 1989, this export-undercountingproblem is likely to intensify (see appendix III for adiscussion of low-value shipments and theundercounting problem).3 Dealing with transactions that are underreported.International electronic commerce, if it leads to anincrease in small-scale services, may exacerbateproblems with collecting data on servicetransactions that fall below the thresholdrequirements set by the BEA for businesses reportingon their transactions. For several types of services,such as legal services, the exemption levels are sohigh ( 1 million) that the BEA has to indirectlyestimate some types of transactions. Providing coverage for new services. Use of theInternet results in new, electronic commerce-relatedservices that are not covered in current BEA surveys,such as on-line auction services. Figure 3 shows thesteady increase in the net revenues of eBay Inc., aninternational on-line marketplace, from 1997 to 2001.Unless these electronic commerce activities fallwithin the scope of existing service categories,aggregate trade statistics may not include thosetransactions. For example, in 1989 BEA discoveredan additional 20 billion in net receipts for U.S.service transactions for 1985–1987 by improving the3There is some skepticism about whether electronic commerce willlead to an explosion in low-value exports, since the Census Bureau’sestimates indicate that business-to-business manufacturing andwholesale trade dominate electronic commerce activities and aremore likely to consist of higher-valued goods. Forrester’s researchalso suggests that international electronic commerce consistsprimarily of large packages, with low-value transactions making up atiny portion of this commerce. Moreover, analysts and governmentofficials maintain that because the electronic commerce-relatedportion of international trade is very small, the quality of theinternational trade statistics is not compromised. However, as thevolume of electronic commerce trade increases, the undercounting oflow-value transactions may worsen, if the information used to valuethem is not updated.Page 17GAO-02-404 International E-Commerce

Section 2: Collecting U.S.Government Data on InternationalElectronic Commercecoverage of its surveys on travel and adding newsurveys on other selected services.4 The BEA hasadded new Internet-related services to its surveys asit has become aware of them, either as separatecategories or as examples given in definitions andinstructions for existing categories. Some newcategories, including auction services, have beenadded to BEA surveys, beginning with data for 2001.54National Research Council, Behind the Numbers (Washington, D.C.:National Academy Press, 1992).5The president’s 2003 budget submission to the Congress highlightsthe U.S. Department of Commerce’s request for funding to generallystrengthen federal statistics, especially in light of the growth of Ecommerce. For example, Commerce requested funds to improvemeasurement of services in the new economy, mainly through newquarterly surveys.Page 18GAO-02-404 International E-Commerce

Section 2: Collecting U.S.Government Data on InternationalElectronic CommerceFigure 3: eBay Net Revenue, 1997–2001Source: eBay, Inc. Quantifying the amount of service transactions.Electronic commerce increases the output of“difficult-to-measure service sectors” such as thefinance, insurance, and real estate industries. To theextent that the Internet facilitates internationalbanking, insurance, and brokerage services as wellas other on-line service activities, data-collection willbe more difficult. Electronic commerce may alsoresult in an increase in transactions conducted byindividuals and smaller companies that, according toPage 19GAO-02-404 International E-Commerce

Section 2: Collecting U.S.Government Data on InternationalElectronic CommerceBEA officials, are inherently difficult to survey in adetailed fashion.6 Determining which transactions to record asinternational. Electronic commerce may result intransactions occurring between domestic andforeign parties that may not be recorded asinternational transfers. This situation may arisebecause it can become difficult at times to establishthe residency of buyers and sellers of services overthe Internet. As a result, U.S. companies andindividuals may not be aware that they areconducting transactions with foreign parties. TheBEA has attempted to mitigate this problem byadding new instructions to its existing surveys andindicating that Internet transactions are to bereported according to who is involved in thetransactions, not according to where the buyer andseller are located. Distinguishing between a good and a service.Electronic commerce also blurs the distinctionbetween international goods and services. When abook or a magazine is transmitted electronically, hasthe person received a good or a service? Electronicbooks and magazines include features such assearching capabilities that may resemble services.While the distinction between goods and services hasalways been problematic, with electronic commercethe line can become even fuzzier. This issue affectsdomestic measurement as well. However,conventions have been adopted for data collectionpurposes. Electronically transmitted items do notpass through customs or enter into tabulations ofgoods trade, and are therefore collected in the BEA’ssurveys as trade in services.6Kozlow, “International Accounts Data Needs,” November 2000.Page 20GAO-02-404 International E-Commerce

Section 2: Collecting U.S.Government Data on InternationalElectronic Commerce Locating new service providers. Electroniccommerce poses additional measurementchallenges, because E-businesses can expand theirproduct lines and enter into entirely new kinds ofactivities at a much faster rate than companiespreviously could do.7 Because the BEA must locatenew service providers in order to survey them and toobtain trade information, identifying and monitoringelectronic commerce imposes additional challengesto ensuring the comprehensiveness of internationaltrade statistics.7Fraumeni et al., “National Accounts in a Changing Economy.”Page 21GAO-02-404 International E-Commerce

Section 3: Removing Obstaclesand Facilitating InternationalElectronic CommerceAlthough international electronic commerce providesconsumers with many benefits, including a 24-hourglobal marketplace and convenient shopping from theirown homes, it also may create new opportunities forfraud, abuse, and invasions of privacy. If buyers find thatthey do not have effective consumer protections, thattheir personal data are not safeguarded, that theirtransmissions are not secure, or that shopping on line ismore cumbersome than purchasing off line, then theymay be less likely to use the Internet to make purchases.For example, a 1998 survey found that 61 percent ofthose who had never made an on-line purchase citedconcerns about credit card security as a reason.1 TheUnited States, the European Union, and othergovernment, business, and consumer interests haveplaced a high priority on fostering confidence inelectronic commerce by addressing concerns in fourareas: (1) on-line consumer protection, (2) dataprotection and privacy, (3) security, and (4) paymentmethods. However, constructing a coherentinternational framework for addressing these issues ischallenging because national approaches differ andtechnologies continue to evolve.Q. How Does International Electronic CommerceAffect Consumer Protection Efforts?International electronic commerce complicatesconsumer protection activities because most effortshave traditionally focused on handling domesticcomplaints, providing enforcement, and disseminatingeducation. Prior to the development of the Internet,most consumers did not directly interact with foreign1See Pew Research Center for the People and the Press, “The InternetNews Audience Goes Ordinary,” at http://www.peoplepress.org/tech98sum.htm.Page 22GAO-02-404 International E-Commerce

Section 3: Removing Obstacles andFacilitating International ElectronicCommerceretailers when making consumer purchases.2 Therefore,consumer protection activities did not requireinternational coordination. However, as internationalelectronic-commerce transactions increase, consumersmay experience greater problems with fraud anddeception from foreign-based enterprises. Althoughinternational consumer complaints still make up a smallshare of the total number of electronic commerce–related consumer complaints that the U.S. Federal TradeCommission (FTC) receives, the FTC has seen ani

Electronic Commerce Page 10 GAO-02-404 International E-Commerce logistics, and supplying communications and support services. Therefore, international electronic commerce, as a subset of overall electronic commerce, can be generally defined as any transaction that involves an on-line commitment to purchase and results in the

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