Disciplines on Formalities/Procedures and Data/Documentation Requirements Connected with Importation and Exportation 32
(a) Non-discrimination 32
(b) Periodic Review of Formalities/Procedures and Requirements 33
(c) Reduction/Limitation of Formalities/Procedures and Data/Documentation Requirements 34
(d) Use of International Standards 36
(e) Uniform Customs Code 39
(f) Acceptance of Commercially Available Information and of Copies 39
(g) Automation 40
(h) Single Window/One-Time Submission 40
(i) Elimination of Pre-Shipment Inspection 42
(j) Phasing Out Mandatory Use of Customs Brokers 43
I.
SUMMARY TABLE OF MAIN MEASURES PROPOSED
Related to GATT Articles V, VIII and X
Main Areas Covered Groups of Measures Falling Under Those Areas Sub-Categories of Measures Falling Under Those Groups (Where Applicable) Main GATT Article(s) Concerned A.
Maintenance and Reinforcement of Integrity and Ethical Conduct Among Officials (W/8, W/60) (a) Establishment of a Code of Conduct (W/8, W/60) Article X (b) Computerized System to Reduce/Eliminate Discretion (W/60) (c) System of Penalties (W/60) (d) Technical Assistance to Create/Build up Capacities to Prevent and Control Customs Offences (W/60) (e) Appointment of Staff for Education and Training (W/8) (f) Coordination and Control Mechanisms (W/60) G.
PROPOSALS COMPILED

Related to Articles V, VIII and X of the GATT

Publication and Availability of Information
Publication of Trade Regulations
Main GATT Article(s) Concerned

Articles VIII and X

Main Measure(s) Proposed

- Publish:

(i) "All relevant laws, regulations, administrative guidelines, decisions and rulings of or having general application;" (ii) "Information on customs and other border-related agency processes (including port, airport and other entry-point procedures and relevant forms and documents)"; (iii) "Conditions for different forms of customs treatment;" (iv) "Appeal procedures (including standard times and conditions for appeal)"; (v) "All fees and charges applicable to import, export and transit procedures and requirements;" (vi) "Agreements with any other country or countries relating to the above issues;" (vii) "Customs’ and other government agencies’ management plans relating to implementation of WTO commitments.
in a clear and consistent manner, through a readily accessible and widely available medium, at no cost or at a charge commensurate with the cost of services rendered, and in as much advance as possible" "(b)(i) In addition to (a) above, any information to be published under proposal (a) should be made available by the publishing Member for access by any interested parties through electronic means at no cost or at a charge commensurate with the cost of services rendered.
(Chinese Taipei, TN/TF/W/10)

"
Each Member shall, in accordance with their real situations, e
stablish
or designate one or more trade policy
enquiry point
s
where, upon request of any individual, enterprise or WTO Member
,
all information relating to the
above
-
mentioned laws

, regulations and
measure
s
may be obtained.
for use of governments and traders" (European Communities, TN/TF/W6)

WTO Members and interested parties (Korea, TN/TF/W/7)

"individuals, enterprises and WTO Members" (China, TN/TF/W26)

Built-in Exceptions/Flexibility

"In exceptional cases, replies may be provided within 45 days after receipt of a request
.
establishment of a register which should clearly specify the circumstances under which each Member's legislation establishes a partial or complete ban on disclosure or publication of a trade-related regulation, including executive summaries that enable interested parties to understand the core elements of a specific trade regulation.

Consultation and Commenting on New and Amended Rules
Prior Consultation and Commenting on New and Amended Rules
Main GATT Article(s) Concerned

Article X

Main Measure(s) Proposed

"A provision requiring consultation between interested parties, notably governments and the private sector, on proposed new rules and procedures applied to import and export administration and goods in transit" (European Communities, TN/TF/W/6)

Provide interested parties with an opportunity to submit comments in writing on proposed new "core measures" or amendments to the same, followed by Members "giving due consideration to these comments" before finalizing the proposed measures (Korea, TN/TF/W/7)

Provide "opportunities for interested parties including the private sector to comment on prospective trade-related laws and regulations" (Japan, Mongolia, Chinese Taipei, Pakistan and Peru, TN/TF/W/8)

Give "Members and traders (…) the right to comment on proposed customs rules, procedures, and policy with commercial effects and either amend the proposed rule or procedure, or as the case may be, provide an explanation to traders and other WTO members as to why their comments have not been taken into account.
the proposal does not require the disclosure of confidential information which would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interest of particular enterprises, public or private.
The advance ruling may be modified or revoked if: (i) the advance ruling is based on an error of fact or law; (ii) there is a change in law; or (iii) there is a change in the material facts or circumstances on which the ruling was based.
" (Japan, Mongolia, Chinese Taipei, Pakistan and Peru, TN/TF/W/8)

"Compilation and distribution of casebooks of cases and examples of customs classification and customs valuation" (Japan, Mongolia, Chinese Taipei, Pakistan and Peru, TN/TF/W/8)

"Provision of staff training based on casebooks on customs classification and customs valuation" (Japan, Mongolia, Chinese Taipei, Pakistan and Peru, TN/TF/W/8)

Maintenance and Reinforcement of Integrity and Ethical Conduct Among Officials
Establishment of a Code of Conduct
Main GATT Article(s) Concerned

Article X

Main Measure(s) Proposed

"Development of codes of conduct for staff of border agencies" (Japan, Mongolia, Chinese Taipei, Pakistan and Peru, TN/TF/W/8)

"Establishment of a code of conduct in the customs services, spelling out the rights and obligations of the public servants" (Dominican Republic, TN/TF/W/60)

Special and Differential Treatment

" .
Appointment of Staff for Education and Training
Main GATT Article(s) Concerned

Article X

Main Measure(s) Proposed

"Appointment of officials in charge of providing officials’ education and provisions of adequate training to relevant officials" (Japan, Mongolia, Chinese Taipei, Pakistan and Peru, TN/TF/W/8)

Coordination and Control Mechanisms
Main GATT Article(s) Concerned

Article X

Main Measure(s) Proposed

"Establishment of coordination and control mechanisms between customs administrations and the organizations involved in devising ethics policies in customs services.
(European Communities and Australia, TN/TF/W/23)

Calculate the approximate cost of services rendered by breaking down costs into (i) direct costs (in the sense of costs directly related to the specific services rendered, including labour, materials, equipment and utilities) and (ii) indirect costs (consisting of costs incurred that are not directly related, but are nonetheless attributable to the specific services rendered (e.

Periodic Review of Fees/Charges
Main GATT Article(s) Concerned

Article VIII

Main Measure(s) Proposed

"Periodic review of the appropriateness of the amount and the number of fees and charges imposed on or in connection with importation and exportation" (Japan, Mongolia, Peru and Chinese Taipei, TN/TF/W17).
) The WTO and other organizations (the World Bank, WCO, UNCTAD, and others) should, well in advance of the implementation of the results of the negotiations, establish and operate jointly a platform for international cooperation and coordination of technical assistance in the field of trade facilitation, bringing together donor Members and recipient Members, regional groupings, as well as other intergovernmental organizations with a role to play (e.
agree to more precise, operationally effective provisions on minimizing excessive documentation" (New Zealand, TN/TF/W/24)

"(i) Members should minimise the incidence and complexity of import and export formalities and decrease and simplify import and export documentation requirements to ensure that such formalities and requirements are no more administratively burdensome or trade restrictive than absolutely necessary to achieve their legitimate objectives and are applied in an efficient manner".

(Korea, TN/TF/W/18)

An example of existing standardized formats on documentation suggested for use is the UN Layout Key for Trade Documents, which is the basis for trade documents such as "the European Union's Single Administrative Document, the Dangerous Goods Declaration (UNECE), GSP (General System of Preference) Certificates (UNCTAD), Certificate of Origin (revised Kyoto Convention), Goods Declaration for Export (revised Kyoto Convention), Standard Bill of Lading (International Chamber of Shipping), etc.
Uniform Customs Code
Main GATT Article(s) Concerned

Article VIII

Main Measure(s) Proposed

"Introduction by each WTO Member, or customs union (between two or more Members), of a uniform customs code or aligned customs legislation, as well as a single import and export declaration, administrative message or data set.
" (European Communities, TN/TF/W/46)

Suggested Approach/Means

"Electronic documents which are authenticated by electronic signatures or other electronic means will help to identify and verify documents presented electronically".
Border Agency Coordination
Coordination of Activities and Requirements of all Border Agencies
Main GATT Article(s) Concerned

Article VIII

Main Measure(s) Proposed

"Measures could focus on the following objectives: (I) the compatibility or standardization of import/export data requirements of various agencies so as to allow importers and exporters to present all required data to only one border agency (.
Expedited Procedures for Express Shipments
Main GATT Article(s) Concerned

Article VIII

Main Measure(s) Proposed

"
The handling of express consignments can be simplified
by using as a
reference
the
WCO Customs
G
uidelines for Express Consignments
" (Chinese Taipei,
TN/TF/W/10, further elaborated and explained in TN/TF/W/44, recommending (a) "
De minimis threshold values: Consignments may be divided into four categories for the purpose of granting immediate release
: (i)
correspondence and documents without commercial value
; (ii)
low value consignments for which no duties and taxes are collected
; (iii)
low value dutiable consignments, and
(iv)
high value consignments
; (b)
Simplified declaration of low-value shipments: A simplified goods declaration containing
the
necessary information required by Customs should be allowed, especially for low value consignments.
Risk Management/Analysis, Authorized Traders
Main GATT Article(s) Concerned

Article VIII

Main Measure(s) Proposed

Apply risk management techniques, minimizing customs interventions in the flow of
legitimate goods
(Chinese Taipei, TN/TF/W/10)

"
Conduct examination and inspection based on risk management.
TN/TF/W/49)

Special and Differential Treatment

"Considering the difficulties that developing Members may confront in implementing risk management, longer period and other necessary flexibilities should be granted to these developing Members in the implementation of the relevant rules that may result from the negotiations.
WTO Members consider commitments on the release of goods from Customs prior to payment of duties in cases where a trader provides sufficient guarantees in the form of collateral security or some other appropriate instrument with respect to the ultimate payment of duties and taxes, under circumstances such as the following: (i) where delays are encountered in completion of final clearance procedures (as in cases awaiting a decision on the correct tariff classification); (ii) where goods are imported to fulfil a specific purpose and subsequently duty-paid or exported after use (as in cases where there is authorization to import goods for "inward processing" without payment of duties and taxes, providing the finished goods are subsequently exported).
)
Members may agree to a provision that, in cases where the release takes longer than the average time, traders would have the right to ask the customs authority the reason why the processing time for
their
goods is longer.
" (New Zealand, TN/TF/W/24)

Special and Differential Treatment

See reference to input on S&D by the European Communities listed in section H:1:a

Technical Assistance and Capacity Building

"For those Members implementing [the HS Convention] for the first time, especially LDCs, some technical assistance may be needed.
the following suggestions could be taken into account, based on the collaborative efforts among relevant international organizations,
including
the IMF, OECD, UNCTAD, WCO and the World Bank:
(i)
Improving measures to ensure impartial implementation of provisions and procedures in force;
(ii)
Improving border operations and cooperating to fight against illicit
trade
;
(iii)
Exchanging experiences on techniques to improve the control of bulk cargoes;
(iv)
Conducting studies on transit related conditions with the aim of finding a way to minimize transit
costs;
and
(iv)
Transferring technology and information to reduce the costs.
"Special procedures for transit that consist of separate physical lines for border crossing and simplified border formalities" (Paraguay, Rwanda and Switzerland, TN/TF/W/39, "Common features" section)

Use of International Standards
Main GATT Article(s) Concerned

Article V

Main Measure(s) Proposed

"
Use of international standards applied in most WTO Members to the extent possible, where other relevant international organizations already have set up international standards, with a view to minimizing unnecessary delays or restrictions on traffic in transit.
" (Singapore, TN/TF/W/47)

Suggested Approach/Means

"
If goods in transit do not involve transhipment, a simple goods declaration and a simple set of service fees are sufficient for transit procedures, for there is only a minimal risk that the goods may be released into the transit country, and the services that the transit country authorities provide would be small.
" (Bolivia, Moldova, Mongolia, Paraguay, Kyrgyz Republic and Japan, TN/TF/W/28)

Operationalization and Clarification of Terms
Main GATT Article(s) Concerned

Article V

Main Measure(s) Proposed

"Operationalize the existing commitment in Article V to grant freedom of transit through the territory of each Member via the 'routes most convenient for international transit', for example by leaving the choice of route and means of transport to the operator.
) exchange of information could be through a nodal agency to be designated by each Customs administration and notified to the WTO" Request for assistance could be made in writing or electronically in one of the three official languages of the WTO.
Proposed Next Steps of Work
(a) Based on the Secretariat's document on Technical Assistance and Capacity Building on Trade Facilitation (TN/TF/W/5), the Secretariat should frequently provide updated information to Members, if any, on the work done by other international organizations in assessing trade facilitation needs and priorities.
"
Technical Assistance and Capacity Building Beyond the Negotiations Phase

Implementation of the Outcome
"Annex D of the July 2004 Framework provides a strong commitment by Members, in particular developed countries, to provide technical assistance and capacity building not only during negotiations but also in implementing the obligations resulting from the negotiations.
In the context of any new commitments on trade facilitation, Special and Differential treatment should also be reflected in legally binding provisions that:
Are precise, effective and operational;

Provide policy space and flexibility for developing and least-developed countries while determining (based on their own assessment of their implementation capacity) when, how, and the extent to which such new commitments on trade facilitation are to be implemented by them; and

Condition the implementation by developing and least-developed countries of such new commitments to the provision by developed countries of effective, adequate, long-term, and sustainable technical and financial assistance and support for capacity-building with respect to national structural or sector-specific trade facilitation-related projects or programmes identified by developing or least-developed countries as being necessary, in their view, to allow them to fully implement such new commitments.
The experience with the implementation of the Uruguay Round Agreements demonstrated the practical difficulties to which commitments undertaken in the WTO framework give rise if resources for their implementation are lacking or if inadequate consideration is given to each country's needs for the implementation of the discipline.
Communication from Pakistan and Switzerland (TN/TF/W/63)

"One of the key messages of Annex D is that Trade Facilitation obligations would become effective for a country when, in the view of the WTO Members, the country has acquired the capacity to administer efficiently the rules.
It is our assessment that the measures enumerated in the inventory of trade facilitation measures are of a different nature: such that would not require investments in expensive infrastructure but primarily require administrative – although sometimes politically not easy to implement – actions and such that are increasingly demanding, both in terms of resources and implementation capacities.
An important task in fulfilling the letter and the spirit of the negotiating mandate will clearly be the identification of the needs and priorities of developing countries for technical assistance and capacity building on Trade Facilitation, evaluating proposals in terms of the technical assistance they will require for implementation – and while some Members might view it otherwise, we believe that such assistance can and should include financial assistance, where necessary – and finally developing target projects or programmes of assistance to support the implementation of any negotiated outcome.
) Sponsor(s) Title W/48 Norway Border Agency Cooperation W/50 Malaysia Trade Facilitation: Malaysia's experience W/53 Japan Explanatory Note on Pre-Arrival Examination – Japan's
Experience W/55 Korea Post-Clearance Audit in Korea W/58 Singapore Singapore’s National Experience in implementing a "Single Window" System via TradeNet® W/61 Thailand Trade Facilitation: Thailand's Experiences W/65 Guatemala Experience in Implementing a Special Procedure for the Rapid Clearance of Express Consignments W/66 Australia Binding Advance Rulings – Australia's Experience W/69 Egypt Reforming Customs Authority, Fighting Corruption and the Usage of Computers – Egypt’s National Experience W/75 Egypt Egypt's National Experience Concerning Measures Related to Articles V, VIII and X of GATT 1994: Future Needs and Priorities

IX.
2
Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, México, Panama, Paraguay, Peru and Uruguay
Links Between the Elements of Annex D W/56 African Group Operationalizing Technical Assistance and Capacity Building in Trade Facilitation W/63 Pakistan and Switzerland Development-related issues in Trade Facilitation W/73 Mauritius on behalf of the ACP Group Issues in the Negotiations on Trade Facilitation and the Importance of Promoting Development Objectives Through Technical Assistance and Capacity Building W/74 Kyrgyz Republic and Republic of Moldova Special Flexibilities and Technical Assistance and Capacity Building for Small Low-Income Countries in Transition

__________

TN/TF/W/70 from Chile.