1. Sheri Rosenow - WTO Trade Facilitation Section

2. The International Organization that Governs the Rules of Trade Between Nations

3. WTO Trade Facilitation
TF negotiations began in 2004
Negotiating Group on Trade Facilitation (NGTF)
WTO Trade Facilitation Agreement

4. Why TF at the WTO?
Binding commitments from trading partners (157 Member countries)
Enforcement through dispute settlement
Apply to all border agencies

5. Existing WTO Legal Framework
GATT Article V – Freedom of Transit
GATT Article VIII – Fees and Formalities Connected with Importation and Exportation
GATT Article X – Publication and Administration of Trade Regulations

6. WTO Trade Facilitation Mandate
Objectives:
Expedite movement, release & clearance of goods
Improve cooperation between customs/other authorities
Enhance technical assistance and build capacity
Scope:
Clarify and improve GATT Articles V, VIII & X
Customs cooperation (mechanism for exchange of information)
Special & Differential Treatment (SDT)
Technical Assistance & support for capacity building
WT/L/579- Annex D

7. How to Clarify & Improve
GATT Article X
Publication/internet publication
Enquiry Point for trade information
Interval between publish and enter into force
Opportunity to comment
Advance rulings
Right of appeal
GATT Article V
Restrictions on fees and charges
Non-discrimination
No customs duties
Use of guarantee
GATT Article VIII
Disciplines on fees
Pre-arrival processing
Risk management
Customs audit
Publish average release times
Authorized traders
Border agency cooperation
Review formalities and documents
Single window
Eliminate use of PSI
Separate release from clearance

8. 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

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

10. IMPLEMENTATION RELATED ISSUES
Establishment of national committees
Establishment of a WTO Committee
Preamble crosscutting issues

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

12. Negotiations!!!
Basic Principles
Transparent
Bottom up
Member driven
All Inclusive (open-ended meetings)

13. Negotiation Progression
General proposals (2005)
Revised proposals in draft text form (1-2 years later)
Secretariat Compilation of Members’ proposals(W/43)
Consolidated Negotiating text (end 2009)
(TN/TF/W/165)
Streamlining of Consolidated Negotiating text (TN/TF/W/165/Rev.?)
WTO Trade Facilitation Agreement (201?)

14. Consolidated Text TN/TF/W/165/Rev.6
ARTICLE 10: FORMALITIES CONNECTED WITH IMPORTATION AND EXPORTATION
5. Single Window/One-time Submission
5.1 Members [[in so far as possible][where practicable]] [[shall][may]] [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]] [to all stakeholders in international trade procedures]. [[The single window shall undertake onward distribution of the aforementioned documentation and/or data requirements to all the relevant authorities [[or agencies which require them][and participating agencies]].][A single window will be responsible for distribution of documents and information for all the bodies involved in international trade.]] [After the examination by the relevant authorities or agencies of the documentation and/or data, [[the single window shall notify the results to the applicants][the results shall be notified to the applicants through the single window]] in a timely manner.]

15. Facilitator –Led Intensive Sessions (includes SDT)
Goal: to streamline texts- reduce [brackets]
Facilitators assigned by Chair
Facilitators propose “improved” text for discussion
Transparency and inclusiveness
Streamlined texts accepted in NGTF meeting
Reflected in revised Consolidated Text – Rev.13

16. 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.

17. (Streamlined) Consolidated Text
ARTICLE 10: FORMALITIES CONNECTED WITH IMPORTATION AND EXPORTATION
5. Single Window/One-time Submission
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.13

18. Other Issues To Be Resolved
Level of commitment
Scope
Cross-cutting issues
Articles in Brackets []
Legal drafting

19. Level of commitment
2.1 Each Member shall [to the extent possible] make available and update as appropriate the following through the internet: (internet publication) 3.1 Each Member [shall] [within its available resources] establish or maintain one or more enquiry points (enquiry points) 2.1 Each Member shall [, to the extent practicable,] [, as appropriate,] provide opportunities and a reasonable time period to traders (opportunity to comment) 1.4 Members [shall [endeavour to]][may] ensure that customs [and other relevant border agencies] adopt and maintain [set][indicative] periods of time [as specified in national legislation] for review and, where necessary, correction of their decisions under the appeal procedures.] (right of appeal) 2.1 [Each Member [shall] [is encouraged to] adopt or maintain procedures (separation of release from clearance)

20. Scope
Advance Rulings issued for: i) tariff classification; [(ii) customs value;] [(iii) duty drawback, deferral, [or other relief from customs duties];] [(iv) requirements for quotas, including tariff quotas;] [(v) The origin of the good;] [(vi) fees and charges The way such fees and charges are calculated.]] [(vii) Additional matters a Member considers;] _________________________________________________________ Right of Appeal: 1.1 Each Member shall provide that any person to whom customs [or another relevant border agency] issues an administrative decision

21. Article 15 Cross Cutting Issues
Preamble
Implementation of measures on regional basis
Relationship to other WTO Agreements
Terminology:
[A Member/The competent authority] may decline to issue an advance ruling to an applicant where the question raised in the application:

22. Articles in [Brackets]
[Import Alerts/Rapid Alerts]
[Test Procedures]
[Prohibition of Consular Transaction Requirement]
[Use of Customs Brokers]
[Pre-shipment Inspection]

23. Legal Scrubbing Clarify terms
Ensure consistency of terminology within text and with GATT Articles
Ensure meaning clear
Structure

24. Are we there yet? 8 years 48 NGTF meeting weeks
>100 Facilitator-led meetings
150 proposed texts Consolidated text
32 versions compilation/consolidated texts
80 measures measures
[brackets]

25. Next Steps? NGTF: Next NGTF December 3-7 Capital based experts funded
Facilitator led process leading up to NGTF
Continue improving text
Basis of work Consolidated text – Rev 13
2013?- decide at December NGTF

26. Closing thoughts Not too late to get engaged
Discover benefits in Section I
Meaningful text
It is up to you

27. Sheri Rosenow - WTO Trade Facilitation Section