Sheri Rosenow - WTO Trade Facilitation Section

What is the WTO? The International Organization that Governs the Rules of Trade Between Nations

WTO Trade Facilitation TF negotiations began in 2004 Negotiating Group (NGTF) WTO Trade Facilitation Agreement +/- 40 technical measures Special and Differential Treatment

WTO Trade Facilitation Mandate Objectives: Expedite movement, release & clearance of goods Improve cooperation between customs/other authorities Enhance technical assistance and build capacity WT/L/579- Annex D

Measures being negotiated Transparency Publication/internet publication Enquiry Point for trade information Interval between publish and enter into force Opportunity to comment Advance rulings Right of appeal Freedom of Transit Restrictions on fees & charges, regulations and formalities Same treatment as domestic transport Non-discrimination Use of guarantee Fees & Formalities Disciplines on fees Reduce formalities and documents Pre-arrival processing Risk management Customs audit Authorized traders Expedited shipments Publish average release times Border agency cooperation Single window Eliminate use of PSI Eliminate mandatory use of brokers Separate release from clearance

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

IMPLEMENTATION RELATED ISSUES Establishment of national committees Establishment of a WTO Committee

Draft Consolidated Negotiating 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.14

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

Schedule of Commitments for Barua A- Implement right away B – extra time needed for implementation C – extra time and technical assistance needed Art.1 Publication Art 2.1Interval btwn Publication/Entry into Force Art.2.2 Opportunity to comment Art. 4.1 Right of Appeal Art. 5.1 Import/Rapid Alert Art 6.1 Disciplines on Fees Art. 7.2 Separation of Release Art. 1.2 Internet pub. Art.3 Enquiry Point Art 1.4 Notification Art 7.3 Risk Management Art. 7.6 Authorized Traders Art. 7.7 Expedited Shipment Art 10.1 Periodic review of Formalities Art. 10.3 Use Int’l standards Art.3.1 Advance Rulings Art. 7.1 Pre-Arrival Processing Art. 7.4 Customs Audit Art. 10.2 Reduction of Formalities Art. 10.4 Single Window Art. 10.5 Eliminate PSI Art. 11.8 Separate infrastructure for transit

Notify time period- implementation plan for B/C Article 5 bis Notify time period- implementation plan for B/C Provision/Sub-part of Provision Time Period Assistance Required and Other Information

Are we there yet? No deadline Finish by end 2013 versus keep same pace Agreement in good shape

WTO/AfDB Trade Facilitation Symposium Nairobi, November 2012 WTO TFA will support Africa’s trade and development objectives & goals of regional integration, 2. current state of the WTO negotiations & key issues that need to be resolved, 3. scope of the donor support available

Needs Assessments National self assessments of needs and priorities SDT Categories Stakeholders and facilitators On request Results confidential

Sheri Rosenow - WTO Trade Facilitation Section

AU Action Plan Trade Facilitation Cluster Programme/ Activity Output/Target Time Frame Responsible WTO Reduction of road blocks Existing road blocks reduced by 50% or more, from REC targets Short Term MS Freedom of transit Harmonize & simplify customs and transit procedures, documents, regulations Number of customs documents reduced Key Customs documents are harmonized within RECs Border operation hours are harmonized RECs -Reduce formalities & documents -Border agency cooperation -Modern customs procedures Establish 1 Stop Border Posts OSBPs at all key border posts established Border time crossing of goods reduced by 50% Single window Integrated Border Management Customs procedures, standards, regulations & documents are harmonized & simplified Border agency cooperation

Categories of Commitments A, B, C Developing and LDC countries notify measures: Category A: measures can implement at time Agreement enters into force Category B: can implement after additional time Category C: implement after TACB Articles 2-5

Other SDT Provisions Article 6: early warning system – notification if won’t implement by notified date. Article 6 bis: Shifting categories B to C-C to B Article 7: Grace period – countries refrain from use of WTO dispute settlement for [X] period Article 8: implementation- (automatic at expiration or notify?) Articles 9,10: Provision of TA

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 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]]. (2nd sentence) [[[The single window shall undertake onward distribution of the aforementioned documentation and/or data requirements to all the relevant authorities [and participating agencies]].] (3rd sentence) [A single window will be responsible for distribution of documents [[and information] [and/or data]] for all the bodies involved in international trade.]]] (4th 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 China can agree to delete "one time only" especially since this is not in the UN/CEFACT definition.

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 More effective government More efficient government Modernization Reduce clearance times and costs Align with modern business practice