The WTO-Agreement on Trade Facilitation - Structure and Basic Provisions - Achim Seiler, Trade Consultant and Capacity Building Specialist, Kathmandu EU-Project: Trade and Private Sector Development (TPSD) TPSD is implemented by in cooperation with and

The Agreement on Trade Facilitation Preamble Section One, Art. 1-12 (substantive provisions) Section Two, Art. 13-22 (S+D treatment) Section Three, Art. 23-24 (final provisions)

Objective of the Agreement Preamble Clarification and improvement of relevant aspects of articles V, VIII and X of the GATT 1994, expediting the movement, release and clearance of goods, including goods in transit

Structure of the Agreement Section One Article 1: Publication and Availability of Information Article 2: Opportunity to Comment, Information before Entry into Force and Consultations Article 3: Advance Rulings Article 4: Procedures for Appeal or Review Article 5: Other Measures to Enhance Impartiality, Non- Discrimination and Transparency Article 6: Disciplines on Fees and Charges Imposed on or in Connection with Importation and Exportation

Structure of the Agreement (II) Section One Article 7: Release and Clearance of Goods Article 8: Border Agency Cooperation Article 9: Movements of Goods Intended for Import under Customs Control Article 10: Formalities Connected with Importation, Exportation and Transit Article 11: Freedom of Transit Article 12: Customs Cooperation

Structure of the Agreement (III) Section Two Article 13: General Principles Article 14: Categories of Provisions Article 15: Notification and Implementation of Category A Article 16: Notification and Implementation of Category B and Category C Article 17: Early Warning Mechanism: Extension of Implementation Dates for Provisions in Categories B and C

Structure of the Agreement (IV) Section Two Article 18: Implementation of Category B and Category C Article 19: Shifting between Categories B and C Article 20: Grace Period for the Application of the Understanding on Rules and Procedures Governing the Settlement of Disputes Article 21: Provision of Assistance and Support for Capacity Building Article 22: Information on Assistance and Support for Capacity Building to be Submitted to the Committee

Structure of the Agreement (V) Section Three Article 23: Institutional Arrangements Article 24: Final Provisions

Main Provisions Section 1 Article 1: Publication and Availability of Information Publication - information available through internet - enquiry points - notification Article 2: Opportunity to Comment, Information before Entry into Force, and Consultations Opportunities to traders and other interested parties to comment on the proposed introduction of relevant laws and regulations

Main Provisions Section 1 (II) Article 3: Advance Rulings Members shall issue advance rulings in a reasonable, time- bound manner to the applicant that has submitted a written request containing all necessary information Article 4: Procedures for Appeal or Review Right to an administrative appeal to or review by an higher or independent administrative authority and/or a judicial appeal or review of the decision

Main Provisions Section One (III) Article 5: Other Measures to Enhance Impartiality, Non-Discrimination and Transparency Notifications for enhanced controls or inspections - detention - test procedures Article 6: Disciplines on Fees and Charges General disciplines on fees and charges imposed on or in connection with importation and exportation, specific disciplines, penalty disciplines

Main Provisions Section One (IV) Article 7: Release and Clearance of Goods Pre-arrival processing - electronic payment - separation of release from final determination of customs duties, taxes, fees and charges – risk management – post-clearance audit – establishment and publication of average release times – trade facilitation measures for authorized operators – expedited shipments – perishable goods Article 8: Border Agency Cooperation Members ensure that its authorities and agencies responsible for border controls and procedures dealing with the importation, exportation, and transit of goods cooperate with one another and coordinate their activities in order to facilitate trade

Main Provisions Section One (V) Article 9: Movement of Goods Intended for Import under Customs Control To the extent practicable, Members allow goods intended for import to be moved under customs control from the point of entry to another customs office Article 10: Formalities Connected with Importation, Exportation and Transit Formalites and documentation requirements – acceptance of copies – use of international standards – single window – preshipment inspection – use of customs brokers – common border procedures and uniform documentation requirements – rejected goods – temporary admission of goods and inward and outward processing

Main Provisions Section One (VI) Article 11: Freedom of Transit Treatment of goods in transit no less favourably than if they were being transported directly from their place of origin to their destination Article 12: Customs Cooperation Measures promoting compliance and cooperation – exchange of information – verification – request – protection of confidentiality – provision of information – postponement or refusal of a request – reciprocity – administrative burden – limitations – unauthorized use or disclosure – bilateral and regional agreements

Main Provisions Section Three Article 23: Institutional Arrangements Committee on Trade Facilitation – National Committee on Trade Facilitation Article 24: Final Provisions ….nothing in this Agreement shall be construed as diminishing the rights and obligations of Members under the Agreement on Technical Barriers to Trade and the Agreement on the Application of Sanitary and Phytosanitary Measures. (Art. 24.6)