1. Sheri Rosenow - WTO Trade Facilitation Section

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

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

4. 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

5. 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

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

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

8. Draft Consolidated Negotiating 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.14

9. 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

10. 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 Use Int’l standards
Art.3.1 Advance Rulings
Art. 7.1 Pre-Arrival Processing
Art. 7.4 Customs Audit
Art Reduction of Formalities
Art Single Window
Art Eliminate PSI
Art Separate infrastructure for transit

11. 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

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

13. 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

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

15. Sheri Rosenow - WTO Trade Facilitation Section

16. 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

17. 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

18. 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

19. 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.

20. 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