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Opportunity to comment, information before entry into force and consultations

  1. 2.1 Opportunity to comment and information before entry into force
  2. 2.2 Consultations

Opportunity to comment and information before entry into force

What activity does this measure regulate?

The process by which national trade legislation is made. This includes the process for enacting laws on trade-related matters by the national legislative body (congress, parliament, legislature, etc.) as well as secondary legal acts (regulations, rules, orders, etc.) issued by executive or administrative bodies.

Which authorities are directly concerned?

•All border agencies

•Trade Authority

•Executive Authority

•Legislative Authority

What are the new requirements?

•Traders and other interested parties must be given an opportunity and reasonable time to comment on proposals for new trade-related and customs laws and administrative regulations, as well as any amendments thereto.

•New or amended laws and regulations must be made publicly available, as early as possible before their entry into force.

1.1  Each Member shall, to the extent practicable and in a manner consistent with its domestic law and legal system, provide opportunities and an appropriate time period to traders and other interested parties to comment on the proposed introduction or amendment of laws and regulations of general application related to the movement, release, and clearance of goods, including goods in transit.

1.2  Each Member shall, to the extent practicable and in a manner consistent with its domestic law and legal system, ensure that new or amended laws and regulations of general application related to the movement, release, and clearance of goods, including goods in transit, are published or information on them made otherwise publicly available, as early as possible before their entry into force, in order to enable traders and other interested parties to become acquainted with them.

1.3  Changes to duty rates or tariff rates, measures that have a relieving effect, measures the effectiveness of which would be undermined as a result of compliance with paragraphs 1.1 or 1.2, measures applied in urgent circumstances, or minor changes to domestic law and legal system are each excluded from paragraphs 1.1 and 1.2.

Consultations

What activity does this measure regulate?

The process by which border agencies obtain the views of traders and other stakeholders on matters affecting them

Which authorities are directly concerned?

• All border agencies

What are the new requirements?

Border agencies must hold "regular consultations" with traders and stakeholders.

Each Member shall, as appropriate, provide for regular consultations between its border agencies and traders or other stakeholders located within its territory.