SITPROSimplifying International Trade

WTO Trade Facilitation NegotiationsWTO Trade Facilitation Negotiations– Transparency – Transparency

Dakar, SenegalDakar, SenegalNovember 2008November 2008

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Issues to be coveredIssues to be covered

1.1. Transparency in border regulationTransparency in border regulation2.2. The Boksburg GroupThe Boksburg Group3.3. Guiding principles for the negotiationsGuiding principles for the negotiations4.4. Thoughts on state of playThoughts on state of play

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WTO Trade Facilitation NegotiationsWTO Trade Facilitation Negotiations

• GATT Article V – TransitGATT Article V – Transit• GATT Article VIII – Fees and formalitiesGATT Article VIII – Fees and formalities• GATT Article X - TransparencyGATT Article X - Transparency

SITPROSimplifying International Trade

WTO Trade Facilitation NegotiationsWTO Trade Facilitation Negotiations

• GATT Article V – TransitGATT Article V – Transit• GATT Article VIII – Fees and formalitiesGATT Article VIII – Fees and formalities• GATT Article X - TransparencyGATT Article X - Transparency

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TransparencyTransparency

• What GATT Article X What GATT Article X already provides for :already provides for :

• ““Prompt” publicationPrompt” publication• No enforcement of No enforcement of

measures before measures before publicationpublication

• Impartial administrationImpartial administration• Administration review Administration review

procedures by procedures by independent bodiesindependent bodies

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TransparencyTransparency

• Members proposals :Members proposals :– Publication and availability of informationPublication and availability of information– Prior publication and consultationPrior publication and consultation– Advance rulingsAdvance rulings– Appeal proceduresAppeal procedures– Other measures to enhance impartiality, non-discrimination Other measures to enhance impartiality, non-discrimination

and transparencyand transparency

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PublicationPublication

• Basic publicationBasic publication• Internet publication / Internet publication /

official websitesofficial websites• National enquiry pointsNational enquiry points• Notification to WTONotification to WTO

• Aims:Aims:– Easy availability of Easy availability of

informationinformation– Improved legal stabilityImproved legal stability– Improved transparency in Improved transparency in

trade regulationstrade regulations– Enhanced efficiency of Enhanced efficiency of

obtaining necessary obtaining necessary informationinformation

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Prior publication and consultationPrior publication and consultation

• Interval between Interval between publication and entry into publication and entry into forceforce

• Prior consultation and Prior consultation and commenting on new and commenting on new and amended rulesamended rules

• Regular [on-going] Regular [on-going] consultationconsultation

• Aim:Aim:– Allow traders to obtain Allow traders to obtain

accurate and timely accurate and timely information, reducing information, reducing their costs and timetheir costs and time

– Allow traders time to Allow traders time to implement new measures implement new measures and give notice of and give notice of unintended unintended consequencesconsequences

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Advance rulings and appeal Advance rulings and appeal proceduresprocedures

• Provision of advance Provision of advance rulingsrulings

• Right of appealRight of appeal• Appeal mechanism in a Appeal mechanism in a

Customs UnionCustoms Union

• Aim:Aim:– Improve predictability for Improve predictability for

decisions on movement decisions on movement of goodsof goods

– Facilitate complianceFacilitate compliance– Clarify right of appeal in Clarify right of appeal in

GATTGATT

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Other measuresOther measures

• Import alerts / rapid Import alerts / rapid alertsalerts

• DetentionDetention• Test proceduresTest procedures

• Aims:Aims:– Ensure ethical conduct of Ensure ethical conduct of

officersofficers– Reduced transaction Reduced transaction

costs and other negative costs and other negative symptoms in trading symptoms in trading systemsystem

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Other proposalsOther proposals

• Special and differential treatmentSpecial and differential treatment• Technical assistance and capacity buildingTechnical assistance and capacity building• Capacity assessmentCapacity assessment• Other implementation mattersOther implementation matters

Group

Boksburg

Boksburg Group

• Formed 2003• Forum for trade

and customs officials and business representatives from developing countries

• Met in 9 countries including Senegal

Group

Boksburg

Boksburg Group

• Forum for discussing WTO trade facilitation negotiations

• Informal analysis of issues, proposals and implementation

• Outputs:– Living document– Website

www.boksburggroup.org

– Guiding principles for technical assistance and capacity building

Group

Boksburg

“Living document”

www.boksburggroup.org/papers/approach2006.pdf

Group

Boksburg

Recommendations on transparency

1. Border agencies should make publicly available their laws, procedures and other rules affecting import/export, together with related information.

2. All charges should be made public in good time, and should not exceed the cost of the services rendered.

3. Border agencies that intervene in international trade should designate offices or other locations where goods can be produced for clearance or similar formalities.

4. Goods in transit should also be subject to the provisions 1, 2, and 3.

Group

Boksburg

Recommendations on transparency

5. Liability to duties, taxes and similar levies, as well as the factors and conditions relating to assessment of duties and taxes, should be publicly available to determine the rates.

6. National legislation should specify the party/parties primarily responsible for the payment of duties and taxes.

7. Provision should be made to mandate the cooperation and data exchange between customs administrations covering the area of TF, for example details of export including export values. This would require the implementation of an effective cooperation process.

Group

Boksburg

Recommendations on transparency

8. Data on transit consignments should be shared between appropriate customs administrations.

9. Export data should be used as the basis for the import data.

10. Provisions should be strengthened related to customs compliance.

Group

Boksburg

Recommendations on appeals

1. In matters arising from the activities of border agencies, there should be a timely right of appeal to an agency independent of the border agency. On request the agency concerned should explain in a timely manner, the reasons for their action. The appellant should have the right of appeal.

Group

Boksburg

Best practice recommendations

1. Border agencies should establish consultative arrangements with trade representatives. This should ensure that new legislation is practical, and compliance is increased.

2. There should be an integrated approach to border management with the establishment of a lead agency at the border coordinating and controlling all cross border transactions.

Group

Boksburg

Guiding principles

Commitments1. All WTO Members should commit to the same

set of measures with implementation tailored to individual countries’ circumstances.

2. WTO Members, at the time of entry into force of the agreement, should be prepared at least to bind existing levels of trade facilitation.

Special and Differential Treatment3. WTO Members should stipulate a time

period within which they would be bound to implement specific commitments / measures.

Group

Boksburg

Guiding principles

Technical Assistance and Capacity Building4. Commitments should from the outset be linked

to technical assistance (TA) and funds for capacity building (CB) where this is necessary to enable effective implementation. Commitments should not be enforceable if adequate TACB is not provided.

5. Commitments should be contained in individual Member implementation plans, drawn up on the basis of a Member’s needs assessment and working with donors as appropriate.

Continued …

Group

Boksburg

Guiding principles

Technical Assistance and Capacity Building (continued)

6. A simple overview of donor assistance should be maintained to enable WTO Members to identify any gaps in Members’ scheduled needs for TACB are covered and whether there is any duplication.

7. Capacity acquisition should be determined by the Member requesting TACB in partnership with its donor(s).

Group

Boksburg

Guiding principles

Monitoring8. An early warning system should be

established within the WTO to allow advance notice of any implementation delay.

9. A WTO Committee on Trade Facilitation should be established to provide a forum for guidance on implementation and monitoring implementation.

Dispute Settlement10. Dispute settlement should be a last resort.

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WTO state of playWTO state of play

• July Ministerial meetingJuly Ministerial meeting– AgricultureAgriculture– Non-agricultural market access (NAMA)Non-agricultural market access (NAMA)– ServicesServices– Trade facilitationTrade facilitation

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