1. 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

2. The Agreement on Trade Facilitation
Preamble
Section One, Art (substantive provisions)
Section Two, Art (S+D treatment)
Section Three, Art (final provisions)

3. 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

4. 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

5. 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

6. 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

7. 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

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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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)