Sheri Rosenow — WTO Trade Facilitation Section 1

Sheri Rosenow - WTO Trade Facilitation Section 1

The International Organization that Governs the Rules of Trade Between Nations 2

WTO Trade Facilitation TF negotiations began in 2004 Negotiating Group on Trade Facilitation (NGTF) WTO Trade Facilitation Agreement 3

Why TF at the WTO? Ø Binding commitments from trading partners (157 Member countries) Ø Enforcement through dispute settlement Ø Apply to all border agencies 4

Existing WTO Legal Framework • GATT Article V – Freedom of Transit • GATT Article VIII – Fees and Formalities Connected with Importation and Exportation • GATT Article X – Publication and Administration of Trade Regulations 5

WTO Trade Facilitation Mandate Objectives: Scope: • Expedite movement, release & clearance of goods • Clarify and improve GATT Articles V, VIII & X • Improve cooperation between customs/other authorities • Enhance technical assistance and build capacity WT/L/579 - Annex D • Customs cooperation (mechanism for exchange of information) • Special & Differential Treatment (SDT) • Technical Assistance & support for capacity building 6

How to Clarify & Improve • • • GATT Article X Publication/internet publication Enquiry Point for trade information Interval between publish and enter into force Opportunity to comment Advance rulings Right of appeal GATT Article V Restrictions on fees and charges Non-discrimination No customs duties Use of guarantee • • • GATT Article VIII Disciplines on fees Pre-arrival processing Risk management Customs audit Publish average release times Authorized traders Border agency cooperation Review formalities and documents Single window Eliminate use of PSI Separate release from clearance 7

Benefits for Your Exporters Benefits for Government Transparency + Fairness • Predictability • Reduced time/costs • Better compliance • Better quality decisions Good Governance • Reduced costs • Reduced delays • Reduced complexity • Better compliance • More effective government • More efficient government Modernization • Reduce clearance times and costs • Align with modern business practice • More effective government • More efficient government 8

Article 12. Customs Cooperation Multilateral Mechanism for Exchange and Handling of Information 9

IMPLEMENTATION RELATED ISSUES J Establishment of national committees J Establishment of a WTO Committee J Preamble crosscutting issues 10

Special and Differential Treatment (SDT) Section II of Text- integral part Applies only to developing countries Gives flexibility in implementation Each developing country decides when it can implement each provision 11

Basic Principles Transparent Bottom up Member driven All Inclusive (open-ended meetings) 12

Negotiation Progression Ø General proposals (2005) ØRevised proposals in draft text form (1 -2 years later) ØSecretariat Compilation of Members’ proposals(W/43) ØConsolidated Negotiating text (end 2009) (TN/TF/W/165) ØStreamlining of Consolidated Negotiating text (TN/TF/W/165/Rev. ? ) Ø WTO Trade Facilitation Agreement (201? ) 13

Consolidated Text TN/TF/W/165/Rev. 6 ARTICLE 10: FORMALITIES CONNECTED WITH IMPORTATION AND EXPORTATION 5. Single Window/One-time Submission 5. 1 Members [[in so far as possible][where practicable]] [[shall][may]] [endeavour to] [maintain or] establish a "single window" where documentation and/or data requirements for exportation, importation and transit [procedures] are submitted [by a trader resident in the Member state in question] [[one time only][to a single entry point]] [to all stakeholders in international trade procedures]. [[The single window shall undertake onward distribution of the aforementioned documentation and/or data requirements to all the relevant authorities [[or agencies which require them][and participating agencies]]. ][A single window will be responsible for distribution of documents and information for all the bodies involved in international trade. ]] [After the examination by the relevant authorities or agencies of the documentation and/or data, [[the single window shall notify the results to the applicants][the results shall be notified to the applicants through the single window]] in a timely manner. ] 14

Facilitator –Led Intensive Sessions (includes SDT) %Goal: to streamline texts- reduce [brackets] %Facilitators assigned by Chair %Facilitators propose “improved” text for discussion %Transparency and inclusiveness %Streamlined texts accepted in NGTF meeting %Reflected in revised Consolidated Text – Rev. 13 15

Article 5: Single Window/One-time Submission Working Document Text in TN/TF/W/165/Rev. 6 Proposed Text (as of 18 January 2011) Comments Text in TN/TF/W/165/Rev. 6 Facilitator’s Proposed Working Text Member’s Comments 5. 1 Members shall [endeavour to] [maintain or] establish a "single window" where documentation and/or data requirements for exportation, importation and transit procedures are submitted [by a trader resident in the Member state in question] [[one time only][to a single entry point]]. (2 nd sentence) [[[The single window shall undertake onward distribution of the aforementioned documentation and/or data requirements to all the relevant authorities [and participating agencies]]. ] (3 rd sentence) [A single window will be responsible for distribution of documents [[and information] [and/or data]] for all the bodies involved in international trade. ]]] (4 th sentence) [[The single window [is generally managed centrally by a lead agency], enab[[es] [ling]] the appropriate governmental authorities and agencies to receive or have access to the information relevant for their purpose. ]] [After the examination by the relevant authorities or agencies of the documentation and/or data, the results shall be notified to the applicants through the single window in a timely manner. ] 5. 1 Members shall, [where practicable], [endeavour to] establish or maintain a single window, enabling traders to submit documentation and/or data requirement for importation, exportation or transit to a single entry point. [The single window shall undertake onward distribution of the aforementioned documentation and/or data requirements to the participating authorities or agencies]. After the examination by the relevant authorities or agencies of the documentation and/or data, the results shall be notified to the applicants through the single window in a timely manner. The proposed text in the middle column takes into account the comments and suggestions of Members during the session of 18 January 2011. St Lucia – "where practicable" Rwanda – need to consider whether or not a footnote is necessary after "traders" in the third line to mention that this also includes the traders’ authorized representatives. Horizontal issue as "traders" are referred to in other parts of the TF Agreement. EU, US, Japan, New Zealand, India – can accept "traders" alone. New Zealand – up to Members to determine who is authorized to submit information, and that this article is not a provision for this purpose, but rather to illustrate the function of a single window, thus does not require elaboration on traders. Turkey – need to come back on whether it needs to specify "one time only" before "to a single entry point" in the fifth line. Malaysia cannot agree to "one time only". EU, Japan, India, Hong Kong 16 China can agree to delete "one time only" especially since this is not in the UN/CEFACT

(Streamlined) Consolidated Text ARTICLE 10: FORMALITIES CONNECTED WITH IMPORTATION AND EXPORTATION 5. Single Window/One-time Submission 5. 1 Members shall, [where practicable], [endeavour to] establish or maintain a single window, enabling traders to submit documentation and/or data requirement for importation, exportation or transit of goods to a single entry point. [The single window shall undertake onward distribution of the aforementioned documentation and/or data requirements to the participating authorities or agencies]. After the examination by the participating authorities or agencies of the documentation and/or data, the results shall be notified to the applicants through the single window in a timely manner. TN/TF/W/165/Rev. 13 17

Other Issues To Be Resolved Æ Level of commitment Æ Scope Æ Cross-cutting issues Æ Articles in Brackets [] Æ Legal drafting 18

Level of commitment 2. 1 Each Member shall [to the extent possible] make available and update as appropriate the following through the internet: . . . (internet publication) 3. 1 Each Member [shall] [within its available resources] establish or maintain one or more enquiry points . . . (enquiry points) 2. 1 Each Member shall [, to the extent practicable, ] [, as appropriate, ] provide opportunities and a reasonable time period to traders (opportunity to comment) 1. 4 Members [shall [endeavour to]][may] ensure that customs [and other relevant border agencies] adopt and maintain [set][indicative] periods of time [as specified in national legislation] for review and, where necessary, correction of their decisions under the appeal procedures. ] (right of appeal) 2. 1 [Each Member [shall] [is encouraged to] adopt or maintain procedures (separation of release from clearance)

Advance Rulings issued for: Scope i) tariff classification; [(ii) customs value; ] [(iii) duty drawback, deferral, [or other relief from customs duties]; ] [(iv) requirements for quotas, including tariff quotas; ] [(v) The origin of the good; ] [(vi) fees and charges . . . The way such fees and charges are calculated. ]] [(vii) Additional matters a Member considers; ] _____________________________ Right of Appeal: 1. 1 Each Member shall provide that any person to whom customs [or another relevant border agency] issues an administrative decision

Article 15 Cross Cutting Issues v. Preamble v. Implementation of measures on regional basis v. Relationship to other WTO Agreements v. Terminology: [A Member/The competent authority] may decline to issue an advance ruling to an applicant where the question raised in the application:

Articles in [Brackets] [Import Alerts/Rapid Alerts] [Test Procedures] [Prohibition of Consular Transaction Requirement] [Use of Customs Brokers] [Pre-shipment Inspection]

Legal Scrubbing o Clarify terms o Ensure consistency of terminology within text and with GATT Articles o Ensure meaning clear o Structure

Are we there yet? Ø 8 years Ø 48 NGTF meeting weeks Ø >100 Facilitator-led meetings Ø 150 proposed texts 1 Consolidated text Ø 32 versions compilation/consolidated texts Ø 80 measures 40 measures Ø 2200 673 [brackets]

Next Steps? NGTF: ¯ Next NGTF December 3 -7 ¯ Capital based experts funded ¯ Facilitator led process leading up to NGTF ¯ Continue improving text ¯ Basis of work Consolidated text – Rev 13 ¯ 2013? - decide at December NGTF 25

Closing thoughts Ø Not too late to get engaged Ø Discover benefits in Section I Ø Meaningful text Ø It is up to you

Sheri Rosenow - WTO Trade Facilitation Section 27