1 wto negotiations on trade facilitation: what is at stake? serafino marchese head, course design...
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WTO WTO
Negotiations on Trade Facilitation:Negotiations on Trade Facilitation:
What is at stake?What is at stake?
Serafino Marchese Head, Course Design and Training SectionWTO Institute for Training and Technical Co-operation
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Background
•The Doha Work Program mandate on TF adopted in 2004 – July Package
•Negotiation Committee on TF established - October 2004
•Proposals submitted by Members
•Draft Consolidated Negotiating Text TN/TF/W/165/Rev.15 or higher
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Draft Consolidated Negotiating Text TN/TF/W/165/Rev.15
Based on WTO Members’ proposals - Section I (4 groups)
• Article X (Transparency) Articles 1-5
• Article VIII (Fees & Formalities) Articles 6-10
• Article V (Transit) Article 11
• Other issues Articles 12-15
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GATT Article XGATT Article X
TRANSPARENCYTRANSPARENCY
PublicationsPublications
Administration of lawsAdministration of laws
Uniform, impartial and reasonableUniform, impartial and reasonable
AppealsAppeals
Prompt, independent reviewPrompt, independent review
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Draft Consolidated Negotiating Text TN/TF/W/165/Rev.15 – Articles 1 to 5
1. Publication and availability of information
2. Prior publication and consultation3. Advance Rulings4. Appeal or Review Procedures5. Other measures to enhance impartiality,
non-discrimination and transparency
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Article 3: Advance Rulings
What ?
Time
Other ..
Determination of a Member, provided in writing to an applicant of the tariff classification, [applied duty rate, customs valuation, duty drawback], fees and charges of a good for customs purposes, prior to the commencement of trade in the good concerned
As soon as possible but not later than (..) days after application received
Advance rulings issues shall be immediately enforceable by customs administration.
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Article 4: Appeal Procedures
• Right of Appeal or Review- Raised against decisions by customs or border agencies concerning transit of goods;
- Non-discrimination & transparency;
- Standard periods for review of decisions;
- Opportunity to raise complaints.
• Appeal Mechanism [in a CU] [that is a WTO Member]- Mechanism for redress of adverse findings (relating to food
items) of inspection authorities at the import points of a CU;
- decided at the customs union level;
- Appeal decision binding on the inspection authorities of all member states of a customs union“.
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Article 5: Other Measures
• [ 5.1 Import alert/rapid alert ] • a border control mechanism, for quality of imported food
product;• operated in case of detection of contaminated imports or
import of products not meeting the required standards; • Possible contaminated exports subject to 100% inspection
• 5.2 Detention
• [ 5.3 Test Procedures ]
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GATT Article VIIIGATT Article VIII
FEE$ and FORMALITIESFEE$ and FORMALITIES
Fees reflect cost for services renderedFees reflect cost for services rendered
Simplify formalities and documentsSimplify formalities and documents
Reduce # and kind of feesReduce # and kind of fees
Minor penalty for minor errorsMinor penalty for minor errors
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GATT Article VIII: Articles 6 to 10 GATT Article VIII: Articles 6 to 10
6. DISCIPLINES ON FEES AND CHARGES IMPOSED ON OR IN
CONNECTION WITH IMPORTATION AND EXPORTATION
7. RELEASE AND CLEARANCE OF GOODS
8. CONSULARIZATION
9. BORDER AGENCY CO-OPERATION
[9 BIS. DECLARATION OF TRANSHIPPED OR IN TRANSIT GOODS]
10. FORMALITIES CONNECTED WITH IMPORTATION AND
EXPORTATION AND TRANSIT
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Article 6: FEES AND CHARGES
6. FEES AND CHARGES CONNECTED WITH IMPORTATION AND EXPORTATION
Sub-categories of measures
6.1 Disciplines on Fees and Charges Imposed on or in Connection with Importation and Exportation
(a) Specific Parameters for Fees/Charges
b) Publication/Notification of Fees/Charges
(c) Prohibition of Collection of Unpublished Fees and Charges
d) Periodic Review of Fees/Charges
6.2 Penalty Disciplines
Source: Draft Consolidated Negotiating Text TN/TF/W/165/Rev.15
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Article 7: RELEASE & CLEARANCE OF GOODS (1)
Nine sub-categories
1) Pre-arrival Processing
2) Electronic Payment
3) Separation of release from final determination
4) Risk Management
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Article 7: RELEASE & CLEARANCE OF GOODS (2)
5) Post-clearance Audit
6) Establishment & Publication of Average Release Times
7) Trade Facilitation Measures for Authorized Operators
8) Expedited Shipments
9) Perishable Goods
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Articles 8 and 9[ 8. CONSULARIZATION ]
"A Member shall not require a consular transaction, in
connection with the importation of any
good".
“Consular transaction”: "the procedure of obtaining from a consul customs
documentation in connection with the importation of the
good.“
TN/TF/W/104 (Uganda & US)
9. BORDER AGENCY COOPERATION
Encourage border Authorities & Agencies to cooperate
Among others:
• Converging data & documentation requirements
• Coordinate customs procedures
TN/TF/W/128 (Canada)
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Article 10 FORMALITIES, PROCEDURES & DOCUMENTATION
Sub-categories of measures1) Review of Formalities and Documentation Requirements 2) Reduction/Limitation of Formalities & Documentation
Requirements3) Use of International Standards 4) Single Window5) Pre-shipment & [Post-shipment Inspection]6) [Use of Customs Brokers]7) [Common Border Procedures [and Requirements]]8) [Uniform Forms and Documentation Requirements]9) Option to Return Rejected Goods to the Exporters 10) Temporary Admission of Goods/Inward and Outward
Processing
Source: Draft Consolidated Negotiating Text TN/TF/W/165/Rev.15
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PORTAUTHORITY
CUSTOMS
CONSIGNOR
CARRIER
HAULIERWHARFINGER
CUSTOMSBROKER
LINEAGENT
CONSIGNEE
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0
FROM
PORTAUTHORITY
CUSTOMS
CONSIGNOR
OGAs
CARRIER
HAULIERWHARFINGER
CUSTOMSBROKER
LINEAGENT
CONSIGNEE
TO
Single Window
OGAs
Single Window: the concept
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Single Window and linkage to other TF measures under Article VIII
Single Window
Use of international
standards
Reduction & limitation of formalities &
documents
Pre-arrival processing
Authorised Operators
Cooperation among border
agencies
Period review
of formalities
Risk Management Expedited shipment
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GATT Article V
TRANSITTRANSIT
most convenient routes
no discriminationno discrimination
no unnecessary delays or no unnecessary delays or restrictionsrestrictions
no duties - reasonable chargesno duties - reasonable charges
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Article 11: Freedom of TransitArticle 11: Freedom of Transit
• Fixed Infrastructure
• Regulations, Restrictions and Non-Discrimination
• Disciplines on Fees and Charges
• Disciplines on Transit Formalities & Documentation requirements
• Guarantees
• Improved Coordination and Cooperation
• National transit Coordinator
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Other issuesOther issues
• Article 12: Customs Cooperation [Mechanism for Trade Facilitation and Compliance]
• Article 13: Institutional Arrangements
• Article 14: National Committee
• Article 15: Preamble/Cross-cutting Matters
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• SDT (para. 2 of Annex D to the July Package):– SDT should go beyond traditional transition periods for
implementing commitments.– Extent and timing of commitments shall be related to
implementation capacities of developing countries and LDCs.– Developing countries and LDCs are not obliged to undertake
investments in infrastructure beyond their means.
• Additional SDT for LDCs (para. 3):– LDCs will only be required to undertake commitments to the
extent consistent with their individual development, financial and trade needs; or their institutional capabilities
Special & Differential Treatment
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Mandate
Phase 1 - TA/CB during the negotiations
Phase 2 - TA/CB after the negotiations for implementation
Annex D Organizations
IMF, OECD, UNCTAD, World Bank, WCO
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Category A: Time of entry into
force
Category B: (x) years after entry
into force
Category C: (x) years after entry
into force + TACB
Implementation of commitments
Transitional period
Technical assistance and
Capacity building
Implementation of TF measures
Flexibility of commitments: 3 different categories of commitments
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(n) Years
Implementation
(n) Years
Signature of
agreement
Entry into
force
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Entry into
force
Measures Category A)Immediate
Measures Category B)
Deferred. Timeframe in schedule
Measures Category C)
Deferred. Timeframe and technical assistance
Signature of
agreement
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Entry into
force
Measures Category A)Immediate
Measures Category B)
Deferred. Timeframe in schedule
Measures Category C)
Deferred. Timeframe and technical assistance
Signature of
agreement
Notification of
Categories
Self-determination of capacityList of commitmentsImplementation Plan
Notification ofImplementatio
n plan
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(n) Years
Implementation
« Active participation »
•Introducing proposals
•Reacting to proposals
TF needs self-assessmentOverall reform &
development context
« Establish list»
•Measures category A
•Measures category B
•Measures category C
Level of compliance
« Establish implementation plan»
• Timeframe
• TA & CB required
• Donor
• Implementation agency
Notification of
Categories
Notification ofImplementatio
n Plan
Signature of
Agreement
Entry into
Force
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Barua1: Schedule of Commitments
A- Implement right away
B – time needed C – time and TA needed
1.1 Publication
2.1 Interval between Publication and Entry into Force
2.2 Prior Publication
4.1 Right of Appeal
5.1 Import/Rapid Alert
6.1 Disciplines on Fees
7.1 Electronic Payment
7.3 Separation of Release
1.2 Internet Publication
1.3 Enquiry Point
1.4 Notification
7.4 Risk Management
7.7 Authorized Traders
7.8 Expedited Shipmt
10.1 Periodic Review of Formalities
10.7 Use of Customs Brokers
3.1 Advance Rulings
7.1 Pre-Arrival Processing
7.5 Post-Clearance Audit
7.9 Perishable Goods
10.2 Reduction of Formalities
10.5 Single Window
10.6 PSI Elimination
11.7 Regional Transit Agreements
1 Members haven’t decided how the notification will look, but this is an example to give you an idea.
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Special & Differential Treatmentfor developing and LDC countries
Categorization of each measure notified to WTO Implementation schedule notified for measures
requiring TA Early warning system – notification if the TF
measure won’t implement by notified date. Possibility of changing category of a measure(s)
Grace period – countries refrain from use of WTO dispute settlement for [X] period
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Questions
