1. WTO/ADB Symposium on Trade Facilitation for African Countries Nairobi, 13-15 November 2012 Session 3 WTO Trade Facilitation Negotiations Implementation Flexibilities and Assistance for Developing Countries and Least-Developed Countries Richard Eglin Director, WTO Secretariat

2. Developed Countries All mandatory provisions are to be implemented by the date of entry into force of the new WTO Trade Facilitation Agreement

3. Developing Countries and Least-Developed CountriesFlexibilities and Assistance • Negotiating mandate: • Special and Differential (S&D) treatment to extend beyond granting transition periods for implementation • Extent and timing of commitments related to implementation capacities • Least-developed countries not required to undertake commitments inconsistent with their development, financial and trade needs or their administrative and institutional capacities • Assessment of trade facilitation needs and priorities • Address concerns related to cost implications of proposed measures

4. Developing Countries and Least-Developed CountriesFlexibilities and Assistance • Negotiating mandate (cont’d): • Technical assistance and support for capacity building to be provided: • during the negotiations • to help implement commitments resulting from the negotiations • Where infrastructure is needed to implement commitments: • every effort to ensure support is provided • where that effort is not forthcoming, and capacity to implement is not sufficient, implementation will not be required.

5. Developing Countries and Least-Developed CountriesFlexibilities and Assistance • Aims of the Draft TF Agreement: • Inclusion, not exemption • Focus on assisting developing countries and least-developed countries to implement the TF Agreement and benefit from it by building capacity where that is needed • Avoid anyone being left out • Staged approach to implementation • Tailor-made solutions – no one-size-fits-all • Self-selection of schedule of implementation

6. Categories of Commitments A, B, C • Developing and LDC Countries schedule their own commitments: • Category A: measures to implement at time Agreement enters into force. No minimum requirement. • Category B: to implement with additional time. No set limits • Category C: to implement with additional time and support for TACB Articles 2-4

7. Schedule of Commitments for Barua

8. Notify time period- implementation plan for B/C Article 4

9. Developing Countries and Least-Developed CountriesFlexibilities and Assistance • Article 5: “early warning system” – notification if will not implement by notified date. (i) Automatic; (ii) On request. • Article 6: Shifting categories B to C or C to B • Article 7: Grace period – countries refrain from use of WTO dispute settlement • Articles 8 and 9: Provision of Technical Assistance and Capacity Building. • __________