1. Trade Facilitation Negotiations in the WTO State-of-Play
UNCTAD Expert Meeting on Trade Facilitation
Trade Facilitation Negotiations in the WTO State-of-Play
Nora Neufeld, WTO
22 September 2005

2. Overview
State-of-play
Main proposals
Road ahead

3. Part 1
State-of-play

4. 8 meetings of the NG since its establishment in Sep. 04
1. State-of-play
8 meetings of the NG since its establishment in Sep. 04
Based on agreed Work Plan
Member-driven, covering all elements of the mandate in a flexible way with no judgements on priority
Participation of relevant international organizations on an ad hoc basis

5. 1. State-of-play Work undertaken Educational and stocktaking process
Contributions by Members and international organizations on
Clarification/Improvement on GATT Art.V, VIII+X
Technical assistance, capacity building
Special and differential treatment
Identification of TF needs and priorities
Cost implications
Cooperation
Other

6. 1. State-of-play
Tools developed in support of the NG’s work (examples)
TF negotiations Support Guide (World Bank, TN/TF/W/51)
Needs assessment questionnaire and inventory (TN/TF/59)
Other
Other (previously existing) tools/instruments (examples)
Time Release Study, Data Model; Revised Kyoto Convention etc. (WCO)
ASYCUDA (UNCTAD)
Other

7. 1. State-of-play
Other contributions by participating international organizations
UNCTAD
WCO
World Bank
OECD
Other

8. 1. State-of-play Special focus on TA and CB Dedicated sessions
Special attention to
Inventory
Needs assessment
Cooperation and coordination
Other

9. 1. State-of-play TA and CB projects WTO website on TA/CB
Members
International Organizations
Other
WTO website on TA/CB
Coordination fora
Global Facilitation Partnership (GFP)
Inter-Agency meetings
Other
Funds
World Bank, UNCTAD, Members, other

10. 1. State-of-Play Progress Report to the TNC
TN/TF/2
Agreement on meeting schedule for 2nd half of the year

11. Part 2
Main proposals

12. 2. Main proposals Inputs by Members
More than 50 submissions sponsored by more than 100 Members
Sponsored by developed and developing countries alike, with even least-developed countries presenting written proposals (teaming up with developed ones)
Art. VIII addresses fees and formalities conntected with importation and exportation; calling for
- all fees and charges other than import and export duties and other than taxes within the purview of Art. III (internal taxes) must be limitet in amount to approximate cost of service rendered;
must not represent an indirect protection to domestic products and
not represent a taxation for fiscal purposes
Furthermore, not impose substantial penalties for minor breaches of customs regulations or procedural requirements, esp. when result of mistakes easily rectifiable and not fraud or gross negligence;
(upon request by another Member or by the relevant WTO Body, it reviews the operation of its laws and regulation in the light of the provisions of Article VIII)
also "recognize", but undertake no explicit obligations with respect to:
(i) the need to reduce the number and diversity of the fees and charges addressed by Article VIII; and
(ii) the need to minimize the incidence and complexity of import and export formalities, and to decrease and simplify import and export documentation requirements.

13. 2. Main proposals
A. Possible improvements and clarifications of GATT Art. V, VIII + X
Main objectives pursued
Simplification + streamlining of procedures
Enhanced transparency and predictability
Art. VIII addresses fees and formalities conntected with importation and exportation; calling for
- all fees and charges other than import and export duties and other than taxes within the purview of Art. III (internal taxes) must be limitet in amount to approximate cost of service rendered;
must not represent an indirect protection to domestic products and
not represent a taxation for fiscal purposes
Furthermore, not impose substantial penalties for minor breaches of customs regulations or procedural requirements, esp. when result of mistakes easily rectifiable and not fraud or gross negligence;
(upon request by another Member or by the relevant WTO Body, it reviews the operation of its laws and regulation in the light of the provisions of Article VIII)
also "recognize", but undertake no explicit obligations with respect to:
(i) the need to reduce the number and diversity of the fees and charges addressed by Article VIII; and
(ii) the need to minimize the incidence and complexity of import and export formalities, and to decrease and simplify import and export documentation requirements.
Faster clearance
More efficient resource allocation
Time and cost savings
Enhanced trading opportunities

14. 2. Main proposals Ideas on Questions/Answers S&D TA/CB
Cost implications
Identification of TF needs and priorities
Art. VIII addresses fees and formalities conntected with importation and exportation; calling for
- all fees and charges other than import and export duties and other than taxes within the purview of Art. III (internal taxes) must be limitet in amount to approximate cost of service rendered;
must not represent an indirect protection to domestic products and
not represent a taxation for fiscal purposes
Furthermore, not impose substantial penalties for minor breaches of customs regulations or procedural requirements, esp. when result of mistakes easily rectifiable and not fraud or gross negligence;
(upon request by another Member or by the relevant WTO Body, it reviews the operation of its laws and regulation in the light of the provisions of Article VIII)
also "recognize", but undertake no explicit obligations with respect to:
(i) the need to reduce the number and diversity of the fees and charges addressed by Article VIII; and
(ii) the need to minimize the incidence and complexity of import and export formalities, and to decrease and simplify import and export documentation requirements.
Inter-agency cooperation
Other
Questions/Answers

15. Areas covered (examples)
2. Main Proposals
Areas covered (examples)
Enhanced publication + availability of information
Consultation and commenting mechanisms
Strengthened appeal procedures and due process
Enhanced impartiality and non-discrimination
Measures related to import/export fees + charges (reduction, simplification, clarification)
Measures related to import/export formalities (reduction, simplification, clarification)
Border agency cooperation
Expedited release and clearance of goods
Transit matters
Others

16. 2. Main proposals B. Customs Cooperation
Exchange and handling of information
India – US
Art. VIII addresses fees and formalities conntected with importation and exportation; calling for
- all fees and charges other than import and export duties and other than taxes within the purview of Art. III (internal taxes) must be limitet in amount to approximate cost of service rendered;
must not represent an indirect protection to domestic products and
not represent a taxation for fiscal purposes
Furthermore, not impose substantial penalties for minor breaches of customs regulations or procedural requirements, esp. when result of mistakes easily rectifiable and not fraud or gross negligence;
(upon request by another Member or by the relevant WTO Body, it reviews the operation of its laws and regulation in the light of the provisions of Article VIII)
also "recognize", but undertake no explicit obligations with respect to:
(i) the need to reduce the number and diversity of the fees and charges addressed by Article VIII; and
(ii) the need to minimize the incidence and complexity of import and export formalities, and to decrease and simplify import and export documentation requirements.

17. 2. Main proposals
C. Other
Specific contributions on other elements (S&D, TA/CB, needs identification, costs, cooperation, linkages etc.)
African Group
Art. VIII addresses fees and formalities conntected with importation and exportation; calling for
- all fees and charges other than import and export duties and other than taxes within the purview of Art. III (internal taxes) must be limitet in amount to approximate cost of service rendered;
must not represent an indirect protection to domestic products and
not represent a taxation for fiscal purposes
Furthermore, not impose substantial penalties for minor breaches of customs regulations or procedural requirements, esp. when result of mistakes easily rectifiable and not fraud or gross negligence;
(upon request by another Member or by the relevant WTO Body, it reviews the operation of its laws and regulation in the light of the provisions of Article VIII)
also "recognize", but undertake no explicit obligations with respect to:
(i) the need to reduce the number and diversity of the fees and charges addressed by Article VIII; and
(ii) the need to minimize the incidence and complexity of import and export formalities, and to decrease and simplify import and export documentation requirements.
China - Pakistan
Latin American Group
Pakistan - Switzerland
Other

18. Part 3
Road ahead

19. 3. Road ahead Next meeting of the NG Other meetings before Hong Kong
5-6 October
Other meetings before Hong Kong
8-9 November
21 November

20. 3. Road ahead Focus and structure of meetings
Mixture of formals and informals
Areas to be covered
Work to be done

21. 3. Road ahead Compilation (TN/TF/W/43.Rev.2)
regularly updated to reflect new input
Living (working) document

22. 3. Road ahead Report to the 6th Ministerial Conference
Preparatory work

23. 3. Road ahead
Consultation process

24. 3. Road ahead
Milestone
Hong Kong
Goal?