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1 WTO TRADE FACILITATION Operation of a WTO TF Needs Assessment Sheri Rosenow – Trade and Finance and Trade Facilitation Division.

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Presentation on theme: "1 WTO TRADE FACILITATION Operation of a WTO TF Needs Assessment Sheri Rosenow – Trade and Finance and Trade Facilitation Division."— Presentation transcript:

1 1 WTO TRADE FACILITATION Operation of a WTO TF Needs Assessment Sheri Rosenow – Trade and Finance and Trade Facilitation Division

2 2 Self Assessment Objectives Identify TA/CB needs/priorities for the implementation of proposed measures Better determination of national negotiation position for each proposed measure and TACB Be better prepared for implementation Develop capacity to continue assessment of needs and priorities

3 3 Benefits: X-Ray of country situation Better understanding of role and status of various border agencies and private sector Better understanding of WTO TF and possible results of negotiations Better understanding of the proposed measures New personal relationships which will promote better cooperation provides transparency to the process Based on evaluations of needs assessments.

4 4 Preparation Project Description Regional Workshop Geneva Delegate Training Initial stakeholder meeting Review Guide Advance meeting Bring all relevant legislation All materials on WTO website - Trade Facilitation Technical Assistance and Capacity Building (easily found through A-Z list on main webpage)

5 5 National Needs Assessment Agenda Advance Meetings Day 1: facilitator & Geneva delegate presentations Background WTO and TF negotiations Introduction to Needs Assessment Guide Day 1-2: Needs assessment in working groups Day 3-4: Plenary review Day 5: prepare & present results to high-level officials and private sector

6 6 NEEDS ASSESSMENT PROCESS Working groups people Each group: –Assesses part of the proposals –Representatives of all agencies/private sector –Facilitator spot –Records findings on laptop Results basis for continued work

7 7 49 proposed measures under GATT V, VIII and X Follows TN/TF/W/43 headings Part A- explains use of Guide Part B- Standards/Scope for each measure Annex A – Charts for each measure Self Assessment Guide TN/TF/W/143/Rev.?

8 8 A.2Internet Publication A.2(a)Internet Publication of the Elements Set Out in Article X of GATT 1994; and A.2(b) Internet "Publication" of Specified Information Setting Forth the Procedural Sequence and Other Requirements for Importing Goods Into a Member's Territory. General Description The publication of relevant information on an official website provides particularly high levels of both transparency and accessibility. It also allows timely publication of new and amended information. These proposals seek to provide greater transparency of and accessibility to trade regulations by making available to interested parties, via the internet, all legislation and trade-related procedures relating to or affecting the international trade in goods. Basic Standard A Member shall publish all trade related legislation, procedures and documents on a national official internet site or sites. Scope of Proposals (a)The published information shall include: Laws, regulations, administrative rulings, judicial decisions and administrative rulings of general application; Procedures of border agencies, including port, airport, and other entry-point procedures; The forms and documents required for importation and exportation; Rate of duties and taxes imposed on or in connection with importation or exportation (including applied tariff rates); Decisions and examples of customs classification; Import and export restrictions; Fees and charges imposed on or in connection with importation and exportation; Penalty provisions against breaches of import and export formalities; Appeal procedures; Agreements with any country or countries relating to the above issues; Full and precise description of its Customs procedures; Full and precise description of procedures for the appeal of customs determinations. (b)New and amended trade-related legislation and procedures should be published on the internet before entry into force and allow interested parties to comment. (Except for information requiring urgency.) (c)Members shall notify the WTO Trade Facilitation committee of the website. (d)Trade related legislation and procedures should be provided in one of the official WTO languages. Developing countries may provide only outlines in a WTO language instead. Requirements to Meet the Basic Standard The Member has organizational and other mechanisms in place to ensure that the information which it makes available is complete, accurate, relevant and timely. This may include the establishment of a national coordination point. Look at Page 14

9 9 Current situation relative to the Basic Standard. Describe in detail. Reason for non- compliance/barriers Actions needed to meet basic standard (Consider needs in legal framework, administrative policy, human resources, training, equipment, organization, change management. If possible include estimated costs and/or implementation times.) What can be done locally to address barriers? (Specify in detail) Is Technical Assistance or Capacity Building support needed? If yes, specify in detail. Priority for Technical Assistance: High: Medium: Low: None:. Comments: Lead agency or organization and other stakeholders that would be responsible for implementation of this measure: Stakeholders not participating in assessment of this measure(s) that should be consulted: Issues to note (any comments or recommendations for negotiators, etc.): Look at Chart A.2(a)INTERNET PUBLICATION OF THE ELEMENTS SET OUT IN ARTICLE X OF GATT 1994; A.2(b) INTERNET PUBLICATION OF SPECIFIED INFORMATION SETTING FORTH THE PROCEDURAL SEQUENCE AND OTHER REQUIREMENTS FOR IMPORTING GOODS INTO A MEMBER'S TERRITORY Basic Standard A Member shall publish all trade related legislation, procedures and documents on a national official internet site or sites. COMPLY: Yes: No: Partially: Not applicable: National Priority: High: Medium: Low: None:.

10 10 Role of the Facilitator Explain proposals Explain Guide Oversee process and provide feedback Sit with working groups but don’t lead Keep on track Ensure all stakeholders consulted Draw out shy people Oversee process

11 11 First steps Step 1: read basic standard, scope of proposals and requirements to meet basic standard. Step 2: discuss current situation in relation to this standard and all points in scope Step 3: Fill in first column of chart with complete details including eg. name of legislative acts, etc. Step 4: Record as you go. Review frequently to make sure all group agrees.

12 12 Current situation relative to the Basic Standard. Describe in detail. Reason for non- compliance/Barriers Actions needed to meet basic standard (Consider needs in legal framework, administrative policy, human resources, training, equipment, organization, change management. If possible include estimated costs and/or implementation times.) What can be done locally to address barriers? (Specify in detail) Is Technical Assistance or Capacity Building support needed? If yes, specify in detail. Priority for Technical Assistance: High: Medium: Low: None:. Comments: Lead agency or organization and other stakeholders that would be responsible for implementation of this measure: Stakeholders not participating in assessment of this measure(s) that should be consulted: Issues to note (any comments or recommendations for negotiators, etc.): 1. Complete this column first 2. Then determine status 3. Work across line by line 5. Determine priority last 4 COMPLY: Yes: No: Partially: Not applicable: National Priority: High: Medium: Low: None:. A.2(a)INTERNET PUBLICATION OF THE ELEMENTS SET OUT IN ARTICLE X OF GATT 1994; A.2(b) INTERNET PUBLICATION OF SPECIFIED INFORMATION SETTING FORTH THE PROCEDURAL SEQUENCE AND OTHER REQUIREMENTS FOR IMPORTING GOODS INTO A MEMBER'S TERRITORY Basic Standard: A Member shall publish all trade related legislation, procedures and documents on a national official internet site or sites.

13 13 Multiple Agencies Current situation relative to the requirements to meet the Basic Standard Reason for non-compliance/BarriersActions needed to be taken to achieve Basic Standard Local remedy/acti on TA Lead agency Customs: Standards: Agriculture: Stakeholders consulted during the course of this Assessment: Comments:

14 14 Current situation relative to the Basic Standard. Describe in detail. Reason for non- compliance/Barriers Actions needed to meet basic standard Local actionTACB Analyse how the basic standard and each element in Scope of Proposal are currently implemented. Judge against basic standard only. Don’t aim for best practice. Provide complete details. Provide legislation Priority for Technical Assistance: High: Medium: Low: None:. Comments: Lead agency or organization and other stakeholders that would be responsible for implementation of this measure: Stakeholders not participating in assessment of this measure(s) that should be consulted: Issues to note (any comments or recommendations for negotiators, etc.): COMPLY: Yes: No: Partially: Not applicable: National Priority: High: Medium: Low: None:. This is a “living document” that you will continue to use and improve so details are important. A.2(a)INTERNET PUBLICATION OF THE ELEMENTS SET OUT IN ARTICLE X OF GATT 1994; A.2(b) INTERNET PUBLICATION OF SPECIFIED INFORMATION SETTING FORTH THE PROCEDURAL SEQUENCE AND OTHER REQUIREMENTS FOR IMPORTING GOODS INTO A MEMBER'S TERRITORY Basic Standard: A Member shall publish all trade related legislation, procedures and documents on a national official internet site or sites.

15 15 Current situation relative to the Basic Standard. Describe in detail. Reason for non- compliance/Barriers Actions needed to meet basic standard (Consider needs in legal framework, administrative policy, human resources, training, equipment, organization, change management. If possible include estimated costs and/or implementation times.) What can be done locally to address barriers? (Specify in detail) Is Technical Assistance or Capacity Building support needed? If yes, specify in detail. E.G. Customs publishes its laws and regulations on an internet website but not the Trade ministry Priority for Technical Assistance: High: Medium: Low: None:. Comments: Lead agency or organization and other stakeholders that would be responsible for implementation of this measure: Stakeholders not participating in assessment of this measure(s) that should be consulted: Issues to note (any comments or recommendations for negotiators, etc.): 1. Complete this column first 2. Then determine status COMPLY: Yes: No: Partially: X Not applicable: National Priority: High: Medium: Low: None:. A.2(a)INTERNET PUBLICATION OF THE ELEMENTS SET OUT IN ARTICLE X OF GATT 1994; A.2(b) INTERNET PUBLICATION OF SPECIFIED INFORMATION SETTING FORTH THE PROCEDURAL SEQUENCE AND OTHER REQUIREMENTS FOR IMPORTING GOODS INTO A MEMBER'S TERRITORY Basic Standard: A Member shall publish all trade related legislation, procedures and documents on a national official internet site or sites.

16 16 Current situation relative to the Basic Standard. Describe in detail. Reason for non- compliance/Barriers Actions needed to meet basic standard (Consider needs in legal framework, administrative policy, human resources, training, equipment, organization, change management. If possible include estimated costs and/or implementation times.) What can be done locally to address barriers? (Specify in detail) Is Technical Assistance or Capacity Building support needed? If yes, specify in detail Priority for Technical Assistance: High: Medium: Low: None:. Comments: Lead agency or organization and other stakeholders that would be responsible for implementation of this measure: Stakeholders not participating in assessment of this measure(s) that should be consulted: Issues to note (any comments or recommendations for negotiators, etc.): 2. Then determine status COMPLY: Yes: No: Partially: X Not applicable: National Priority: High: Medium: Low: None:. A.2(a)INTERNET PUBLICATION OF THE ELEMENTS SET OUT IN ARTICLE X OF GATT 1994; A.2(b) INTERNET PUBLICATION OF SPECIFIED INFORMATION SETTING FORTH THE PROCEDURAL SEQUENCE AND OTHER REQUIREMENTS FOR IMPORTING GOODS INTO A MEMBER'S TERRITORY Basic Standard: A Member shall publish all trade related legislation, procedures and documents on a national official internet site or sites. 3. Work across line by line for each point NOT in compliance 1. Complete this column first No need to complete the rest of chart if current situation complies 2. 3a b

17 17 Current situation Reason for non-compliance/Barriers Actions needed to meet basic standard Local action TACB E.G. Customs publishes its laws and regulations on an internet website but not the Trade ministry What prevents compliance? Lack of awareness Resistance Lack of trained personnel Lack of political will Can be more than one barrier for each “current situation” Dig deep to find core barrier(s) Reason: Often a problem must be resolved locally before TA can be effective. Priority for Technical Assistance: High: Medium: Low: None:. Comments: Lead agency or organization and other stakeholders that would be responsible for implementation of this measure: Stakeholders not participating in assessment of this measure(s) that should be consulted: Issues to note (any comments or recommendations for negotiators, etc.): COMPLY: Yes: No: Partially: Not applicable: National Priority: High: Medium: Low: None:. A.2(a)INTERNET PUBLICATION OF THE ELEMENTS SET OUT IN ARTICLE X OF GATT 1994; A.2(b) INTERNET PUBLICATION OF SPECIFIED INFORMATION SETTING FORTH THE PROCEDURAL SEQUENCE AND OTHER REQUIREMENTS FOR IMPORTING GOODS INTO A MEMBER'S TERRITORY Basic Standard: A Member shall publish all trade related legislation, procedures and documents on a national official internet site or sites.

18 18 Current situation Barriers Actions needed to meet basic standard (Consider needs in legal framework, administrative policy, human resources, training, equipment, organization. If possible include estimated costs and/or implementation times.) What can be done locally to address barriers? (Specify in detail) Is Technical Assistance or Capacity Building support needed? If yes, specify in detail. Priority for Technical Assistance: High: Medium: Low: None:. Comments: Lead agency or organization and other stakeholders that would be responsible for implementation of this measure: Stakeholders not participating in assessment of this measure(s) that should be consulted: Issues to note (any comments or recommendations for negotiators, etc.): COMPLY: Yes: No: Partially: Not applicable: National Priority: High: Medium: Low: None:. A.2(a)INTERNET PUBLICATION OF THE ELEMENTS SET OUT IN ARTICLE X OF GATT 1994; A.2(b) INTERNET PUBLICATION OF SPECIFIED INFORMATION SETTING FORTH THE PROCEDURAL SEQUENCE AND OTHER REQUIREMENTS FOR IMPORTING GOODS INTO A MEMBER'S TERRITORY Basic Standard: A Member shall publish all trade related legislation, procedures and documents on a national official internet site or sites. What can be done locally to overcome the barriers Be specific: -awareness training for 100 officials in the Ministry of Trade - Set up an IT unit to regularly load and update information on internet site TA needed to overcome the barriers Be specific: -Equipment (PCs, IT network) for IT unit at Ministry of Trade Don’t get distracted with big infrastructure projects. Focus only on TA to implement basic standard

19 19 Current situation relative to the Basic Standard. Describe in detail. Reason for non- compliance/Barriers Actions needed to meet basic standard Local ActionTACB Priority for Technical Assistance: High: Medium: X Low: None:. Comments: Lead agency or organization and other stakeholders that would be responsible for implementation of this measure: Useful for future technical assistance and implementation phases to know who is responsible Underline lead agency Stakeholders not participating in assessment of this measure(s) that should be consulted: Purpose: ensure result reflects views of all relevant stakeholders. Issues to note (any comments or recommendations for negotiators, etc.): COMPLY: Yes: No: Partially: Not applicable: National Priority: High: Medium: Low: None:. A.2(a)INTERNET PUBLICATION OF THE ELEMENTS SET OUT IN ARTICLE X OF GATT 1994; A.2(b) INTERNET PUBLICATION OF SPECIFIED INFORMATION SETTING FORTH THE PROCEDURAL SEQUENCE AND OTHER REQUIREMENTS FOR IMPORTING GOODS INTO A MEMBER'S TERRITORY Basic Standard: A Member shall publish all trade related legislation, procedures and documents on a national official internet site or sites.

20 20 Current situation relative to the Basic Standard. Describe in detail. Reason for non- compliance/Barriers Actions needed to meet basic standard Local ActionTACB Priority for Technical Assistance: High: Medium: Low: None:. Comments: Lead agency or organization and other stakeholders that would be responsible for implementation of this measure: Stakeholders not participating in assessment of this measure(s) that should be consulted: Issues to note (any comments or recommendations for negotiators, etc.): Comments on important issues in the negotiations can be made here e.g. why this proposal is a national priority (or not), questions on proposals or clarifications needed. Comments on difficulties in the needs assessment, e.g. assumptions made if standard too vague. Or useful information for your negotiator e.g.: Not implementing now but is in 5 year plan. Approximate time frame to implement can go here if not listed above. COMPLY: Yes: No: Partially: Not applicable: National Priority: High: Medium: Low: None:. A.2(a)INTERNET PUBLICATION OF THE ELEMENTS SET OUT IN ARTICLE X OF GATT 1994; A.2(b) INTERNET PUBLICATION OF SPECIFIED INFORMATION SETTING FORTH THE PROCEDURAL SEQUENCE AND OTHER REQUIREMENTS FOR IMPORTING GOODS INTO A MEMBER'S TERRITORY Basic Standard: A Member shall publish all trade related legislation, procedures and documents on a national official internet site or sites.

21 21 Current situation relative to the Basic Standard. Describe in detail. Barriers to meeting Basic Standard Actions needed to meet basic standard (Consider needs in legal framework, administrative policy, human resources, training, equipment, organization, change management. If possible include estimated costs and/or implementation times.) Local ActionTA NO Priority for Technical Assistance: High: X Medium: Low: None:. Comments: Lead agency or organization and other stakeholders that would be responsible for implementation of this measure: MFAIT Stakeholders not participating in assessment of this measure(s) that should be consulted: Dept of Economy and Planning Issues to note (any comments or recommendations for negotiators, etc.): The Option of a Regional Enquiry Point was discussed and there was potential for this to assist traders. However, this would still require essential issues to be resolved locally first. In addition, there is not a harmonized system in the region, therefore a Regional Enquiry Point would be difficult to implement. There was probably a low priority attached to various aspects of the proposal because of multiple issues to be addressed by the Enquiry Point. Does the National Enquiry Point require a solely dedicated , website and telephone number? The quantum of work does not merit the singular use of such equipment for these particular tasks. The resources have yet to be mobilize to address the issue of the website and the address. A.3ESTABLISHMENT OF ENQUIRY POINTS Basic Standard:A Member shall establish a national or regional enquiry point which is responsible for providing, or facilitating access to, trade-related information and documents to interested parties. COMPLY: Yes: No: Partially: X Not applicable: National Priority: High: Medium: Low: None:. Example

22 22 Current situation relative to the Basic Standard. Describe in detail. Barriers to meeting Basic Standard Actions needed to meet basic standard (Consider needs in legal framework, administrative policy, human resources, training, equipment, organization, change management. If possible include estimated costs and/or implementation times.) What can be done locally to address barriers? (Specify in detail) Is Technical Assistance or Capacity Building support needed? If yes, specify in detail. AA Agency has an enquiry point for providing trade related (especially export) information. BB Agency has a project XX to provide agriculture related information. Operational at initial stage. CC Agency has an enquiry point for TBT. Federal Board of Revenue has a website Lack of coordination and awareness of the requirements Trade information portal should be established in Ministry of Commerce with links to other website. It should have expert staff to answer to enquires on 24 hours basis. Coordination effort is required. NO Priority for Technical Assistance: High: Medium: Low: None: x. Comments: Lead agency or organization and other stakeholders that would be responsible for implementation of this measure: Ministry of Commerce Stakeholders not participating in assessment of this measure(s) that should be consulted: Issues to note (any comments or recommendations for negotiators, etc.): A.3ESTABLISHMENT OF ENQUIRY POINTS Basic Standard:A Member shall establish a national or regional enquiry point which is responsible for providing, or facilitating access to, trade-related information and documents to interested parties. COMPLY: Yes: No: Partially: X Not applicable: National Priority: High: Medium: Low: None:. Example

23 23 Current situation relative to the Basic Standard. Describe in detail. Reasons for Non- compliance/barriers to meeting Basic Standard Actions needed to meet basic standard (Consider needs in legal framework, administrative policy, human resources, training, equipment, organization, change management. If possible include estimated costs and/or implementation times.) Local ActionTA 1. The MFA is the National Enquiry Point. 2. WTO was notified Basic communication equipment is available but not solely dedicated for this function. 3. The EP is free of charge. 4. Open to both local and foreign entities. 5. Majority Internal Stakeholders are not aware of this designation. 6. Some inquiries may be forwarded to other relevant agencies. 7. Some documents are readily available for general information. 8. Documents/information for export to some trade partners not available 5. Lack of formal mechanisms for communication with Internal Stakeholders. 8. There may not be regular trade with those countries. Some support agencies may be Unaware of required documentation from other member states. 5. The EP should establish and implement a formal mechanism to communicate the availability of this resource to all relevant internal stakeholders and the general public. 8. Establish and implement a mechanism to facilitate collecting, managing and disseminating information to the support agencies, stakeholders and general public. 5. YES. Resources for dissemination of information: -Framework development and training -Public Relations Adviser -Develop tools for public relations Public relations material (brochures, booklets, etc.), -Funding, public relations activities 8. NO Priority for Technical Assistance: High: Medium: Low: None:. Comments: Lead agency or organization and other stakeholders that would be responsible for implementation of this measure: Stakeholders not participating in assessment of this measure(s) that should be consulted: Issues to note (any comments or recommendations for negotiators, etc.): A.3ESTABLISHMENT OF ENQUIRY POINTS Basic Standard:A Member shall establish a national or regional enquiry point which is responsible for providing, or facilitating access to, trade-related information and documents to interested parties. COMPLY: Yes: No: Partially: X Not applicable: National Priority: High: Medium: Low: None:. Example

24 24 Assessment Problems Look at W/43 Look at the text of the proposal Fill out as best can and make comments in tool Proposals take precedent over Guide

25 25 Lessons Learned  Advance preparation  Meeting of stakeholders  Distribute material  Political support  Participant expertise  Assessment must continue

26 26 Results of the Week  Summary report  Compiled charts  Powerpoint presentation All results are confidential- only for use of your country

27 27 Closing Ceremony Participants report on findings to high-level officials and invited guests –Overview of NA process –Overview of findings (compliant, non-compliant, partially compliant) –Reasons for non-compliance/Barriers –Way forward and recommendations –Presentation of summary report and charts

28 28 Good Luck and Thank you


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