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UNCTAD Expert Meeting WTO Rules on Trade Facilitation Present and Potential

UNCTAD Expert Meeting WTO Rules on Trade Facilitation Present and Potential . Geneva, 16 Oct. 06. Nora Neufeld, WTO. Overview. Scope of WTO work. Existing rules . Proposed new rules. Part 1. Scope of WTO work. 1. Scope of WTO work. From broad potential coverage .

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UNCTAD Expert Meeting WTO Rules on Trade Facilitation Present and Potential

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  1. UNCTAD Expert Meeting WTO Rules on Trade Facilitation Present and Potential Geneva, 16 Oct. 06 Nora Neufeld, WTO

  2. Overview • Scope of WTO work • Existing rules • Proposed new rules

  3. Part 1 • Scope of WTO work

  4. 1.Scope of WTO work • From broad potential coverage... • ... to gradual limitation and focus on specific areas of work

  5. 1.Scope of WTO work • Reasons for limitation

  6. Part 2 • Existing Rules

  7. 2.Existing rules Key provisions • Art. V • Freedom of Transit Fees + Formalities connectedwith Importation & Exportation • Art. VIII Publicationand Administration of Trade Regulations • Art. X

  8. GATT 1994 2.Existing rules Articles V, VIII and X Main obligations

  9. 2.Existing rules Article V • Each Member shall grant freedom of transit • for goods (including baggage), vessels and other means of transport crossing its territory • via the routes most convenient for international transit • with no distinction based on (i) flag of vessel, (ii) origin, (iii) departure, (iv) entry, (v)exit, (vi) destination, or (vii) ownership of goods, vessels or other means of transport

  10. 2.Existing rules Article V • Prohibition to • Make such traffic in transit subject to anyunnecessary delays or restrictions • Impose customs duties, transit duties or other charges imposed with respect of transit • except (i) charges for transportation, or (ii) those commensurate with administrative expenses entailed by transit, or (iii) with the cost of services rendered

  11. 2.Existing rules Article V • All chargesandregulationsimposed ontraffic in transitshall be • Reasonable, having regard to the conditions of the traffic

  12. 2.Existing rules Article V • MFN treatmentfor traffic in transit • With respect to all (i) charges, (ii) regulations, and (iii) formalities

  13. 2.Existing rules Article VIII • All fees and charges imposed on or in connection with importation or exportation (other than imp./exp. duties and taxes within the purview of Article III) must • be limited in amount to the approximate cost of services rendered • not represent an indirect protection to domestic products • not represent a taxation of imports or exports for fiscal purposes

  14. 2.Existing rules Article VIII • Noimposition ofsubstantial penalties forminor breaches of customs regulationsorprocedural requirements; • In particular, no penalty for omission or mistake in customs documentation that is easily rectifiable and made withoutfraudulent intent or gross negligence beyond the necessary to serve as a warning

  15. 2.Existing rules Article VIII • Upon request by another Member, or relevant WTO body, each Member has to review the operation of its laws and regulations in the light of the provisions of Article VIII

  16. 2.Existing rules Article VIII • Recognition of the need for • reducing the number and diversity of fees and charges • Minimizing the incidence and complexity of import and exportformalities and for decreasing and simplifying import and export documentation requirements

  17. 2.Existing rules Article X • Requirement to • Promptly publishall trade regulationsin such a manner as to enablegovernmentsand traders to become acquaintedwith them • Does not require disclosure of confidentialinformation which would (i) impede lawenforcement, (ii) be contrary to public interest or (iii) would prejudice legitimate commercial interests

  18. 2.Existing rules Article X • No enforcementof a measure of general applicationprior toits official publication

  19. 2.Existing rules Article X • Uniform, impartialandreasonable administrationoftrade regulations

  20. 2.Existing rules Article X • Maintainorinstitute,as soonas practicable, tribunals or proceduresfor theprompt reviewandcorrection of administrative action relating tocustomsmatters • Tribunals/procedures must be independent from enforcement agencies

  21. 2.Existing rules TF Rules in other WTO Agreements • Customs Valuation Agreement • Agreement on Preshipment Inspection • Agreement on Import Licensing Procedures • Agreement on Rules of Origin • Agreement on Technical Barriers to Trade • Agreement on Sanitary&Phytosanitary Measures

  22. 2.Existing rules Trade facilitation features • Simple procedures and forms(Import Licensing) • Advance Rulings(Rules of Origin) • Basic single window concept(Import Licensing) • Enquiry Points(TBT, SPS Agreements) • Use of existing international standards(TBT, SPS Agreements) • Release of goods upon posting of guarantee(Customs Valuation)

  23. 2.Existing rules • Shortcomings claimed by WTO Members 

  24. 2.Existing rules • By suffering from those deficiencies, the Articles do not adequately address persisting problems like • Excessive fees • Excessive and cumbersome data and documentation requirements • Long clearance times • Inefficiencies caused by lacking coordination/communication and non-transparent procedures …

  25. Part 3 • Proposed new rules

  26. 3.Proposed new rules • Suggestionsmade by WTOMembers on howtoimproveandclarify GATTArticles V, VIIIandX

  27. 3. Proposed new rules • Proposals • From initial 1st generation proposals... • ... over refined, consolidated 2nd generation ones to.... • text-based 3rd generation input

  28. 3. Proposed new rules • Sponsorship • Members of all levels of development (developed, developing, LDCs) • Co-sponsoring (rule rather than exception) • Diverse partnerships (most proposals jointly sponsored by developed and developing countries; even LDCs)

  29. 3. Proposed new rules • Main areas targeted within the GATT Art. • Publication and availability of information • Consultation and commenting mechanisms • Advance rulings • Other m. to enhance impartiality/non-disc./transp. • Advance rulings • Fees and charges connected with import/export • Formalities connected with import/exportation • Consularization • Border agency cooperation • Release and clearance of goods • Matters relating to goods transit • Other

  30. 3. Proposed new rules • Proposals with particular relevance for ICTs (examples) • Internet publication • Establishment of enquiry points • Computerized system to reduce discretion • Automation • Single Window • Risk management • Authorized traders • Pre-arrival clearance • Post-clearance audit • Other

  31. 3. Proposed new rules • Overarching objectives • Simplification • Reduction of requirements • Harmonization • Streamlining of procedures • Non-discrimination • Enhanced coordination & cooperation • Enhancement of transparency and predictability

  32. 3. Proposed new rules • More details • TN/TF/W/43/Rev.10

  33. 3. Proposed new rules • Prospects for implementation

  34. 3. Proposed new rules • Requirements

  35. 3. Proposed new rules • Latest developments • Review of situation in various settings • Discussion of possible initiatives

  36. 3. Proposed new rules • Short/medium-term objectives • Best use of time-out • Advancement of work for optimal preparation at time of resumption • Minimization of time loss • Preservation of progress made

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