What activity does this proposal regulate?

The types of information that governments publish, and the manner of publication

Which authorities are directly concerned?

•          Executive Authority

•          All border agencies

•          Trade Authority

•          Revenue Authority

•          Agency responsible for information management

What are the new requirements?

•          Members shall publish the general trade-related information listed in the proposal

•          Members shall publish such information "promptly" and in a "non-discriminatory and easily accessible manner" that will allow other governments, traders and interested persons to become acquainted with them.

What activity does this measure regulate?

The information a government provides to the public regarding import, export and transit procedures, and the manner by which it is provided

Which authorities are directly concerned?

•          Executive Authority

•          All border agencies

•          Trade Authority

•          Agency responsible for information management, including government websites

What are the new requirements?

•          Members shall prepare practical guides to their import, export, and transit procedures including appeal procedures

•          Members shall publish on the internet:

(i)  the practical guides,

(ii)  the forms and documents required for import, export or transit,

(iii) relevant trade laws (where possible), and

(iv) the enquiry point contact information.

What activity does this measure regulate?

The means by which an individual trader, a government, or any other interested person can obtain specific information from a Member about import, export or transit requirements.

Which authorities are directly concerned?

•          Executive authority

•          All border agencies

•          Trade Authority

What are the new requirements?

•          A Member shall establish one or more "enquiry points" to respond to "reasonable" questions about the matters listed in Article 1.1, and to requests for required forms and documents.

•          If a member of a customs union or involved in regional integration, a Member may opt to participate in a regional enquiry point, rather than establishing a national enquiry point.

•          The Member shall respond to such enquires and requests within a "reasonable" time.

•          Members are encouraged not to charge fees for answering basic enquiries.  Any fees charged for enquiries or for providing forms or documents shall be limited to the approximate cost incurred.

What activity does this measure regulate?

Communications to/from the WTO Committee on Trade Facilitation

Which authorities are directly concerned?

•          The government authority responsible for WTO notifications (e.g., the trade authority or foreign affairs ministry)

What are the new requirements?

•          A Member shall provide the Committee with the names of the official publications and the address(es) of the website(s) where the information required by Article 1.1 and 1.2 has been published

•          A Member shall provide the Committee with the contact details of its enquiry point(s)

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.

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.

What activity does this measure regulate?

The means by which a trader can obtain reliable "binding" information about the tariff classification, origin, or other customs treatment of his goods before he imports them

What authorities are directly concerned?

•  Customs

What are the new requirements?

•  Customs shall provide a written ruling on request of a trader concerning the tariff classification or origin of his goods (or any other matters described in paragraph 9(b) prior to their importation)

•  The ruling shall be binding on Customs and remain valid for a reasonable period of time

•  A trader shall have rights to be notified if Customs takes certain actions adverse to his interests (such as a refusal to issue a ruling or a decision to revoke or modify a ruling)

•  Customs must publish certain information about the ruling process

What activity does this measure regulate?

The rights of traders to obtain review and correction of decisions made by Customs officials or officials of other border agencies

What authorities are directly concerned?

•  Customs

•  Other border agencies (encouraged to)

What are the new requirements?

Members shall provide traders with the right to appeal decisions made by Customs in an administrative and/or judicial proceeding.

What activity does this measure regulate?

Disciplines on any system of issuing notifications or guidance to concerned authorities to enhance controls and inspections on imported goods, particularly food products, beverages and feedstuffs

What authorities are directly concerned?

•  All border agencies

What are the new requirements?

•  For countries that have such a system, the conditions under which notifications or guidance may be made and maintained on the system, and the actions taken as a consequence of the notification or guidance, shall be subject to certain disciplines

What activity does this measure regulate?

The "detention" of goods declared for importation by Customs or other border authority (e.g., health, safety, agriculture, etc.) for purposes of conducting an inspection

What authorities are directly concerned?

• Customs

• Other Border Agencies

What are the new requirements?

•  If Customs or other border authority detains imported goods for inspection, it shall inform promptly the carrier, the importer or his agent (such as the customs broker, acting on the importer’s behalf).

What activity does this measure regulate?

Laboratory testing of goods for customs, food safety, agriculture or other regulatory purposes

What authorities are directly concerned?

Border agencies that sample and test goods, such as:

• Customs

• Other border agencies (particularly, SPS and standards authorities)

What are the new requirements?

• Members may grant traders the right to a second test, where test results on a sample of goods taken upon arrival of goods declared for importation are adverse to the trader

• Members shall publish the contact information of laboratories where confirmatory tests can be carried out or provide this information to the importer. (They  may be regional or international laboratories, if there are no national accredited laboratories)

• Members shall consider the results of the second test.

What activity does this measure regulate?

The "fees and charges" that governmental authorities assess on, or in connection with, imports or exports

What authorities are directly concerned?

•  Customs

•  Other Border Agencies

What are the new requirements?

•  The amount and purposes of any fees or charges imposed on imports or exports must be consistent with the GATT Article VIII restrictions.

•  Members must

- publish specified information about such fees and charges*

- publish any new or amended fees or charges an "adequate time" prior to their entry into force**

- periodically review their fees and charges in order to reduce the number and diversity "where practicable"

*You should consider the impact of this requirement in connection your review of Article 1.1 (Publication).

**You should consider the impact of this requirement in connection with your review of Article 2.1 (Opportunity to Comment and Information Before Entry into Force).

What activity does this measure regulate?

The "fees and charges" that customs authorities assess on, or in connection with, imports or exports for services provided to the importer or exporter

What authorities are directly concerned?

•  Customs

What are the new requirements?

•  Customs fees and charges must be limited in amount to the approximate cost of the services rendered.

•  Fees not linked to a specific import or export operation must be closely connected to the customs processing of the goods.

What activity does this measure regulate?

The assessment of civil or administrative penalties for violations of the customs laws

What authorities are directly concerned?

•  Customs

What are the new requirements?

•  Members who apply civil or administrative customs penalties shall:

- impose penalties only on the person(s) responsible for the violation

- ensure that the amount of such penalties are proportionate to the degree and severity of the violation

- avoid conflicts of interest

- avoid creating an incentive for the assessment of a penalty that is not commensurate with the circumstances of the case

- provide the person with a written explanation

- consider a "prior disclosure" as a potential factor to mitigate the penalty amount.

What activity does this measure regulate?

Submission of the documents required for the release of imported goods to customs and other border agencies

What authorities are directly concerned?

• Customs

• Other border agencies

What are the new requirements?

• Traders shall be permitted to submit the import documentation and other information required for release of imported goods, in electronic format where appropriate, prior to arrival of the goods in order to expedite release

What activity does this measure regulate?

The means by which a trader can pay his duties, taxes, fees and charges

What authorities are directly concerned?

• Customs

• Other Border Agencies

• Revenue Authority

What is the new requirement?

To the extent practicable, Members should allow electronic payment of duties, taxes, fees and charges.

What activity does this measure regulate?

Release of imported goods from Customs

What authorities are directly concerned?

• Customs

What are the new requirements?

• Members shall allow importers to obtain release of their goods, under a guarantee, if required, prior to the final determination and payment of customs duties, taxes, fees and charges where the final determination is not done prior to, upon arrival or as rapidly as possible after arrival

• Any required guarantee shall be limited in amount to the equivalent of duties, taxes, fees and charges to which the goods may be liable, as determined by Customs

• If the importer commits an offense, Customs may require a guarantee for the potential fine or penalty as a condition for release of the goods (however, release of goods in cases of violations of law or fraud shall be determined by each Member’s law)

• Customs shall discharge the guarantee without delay when no longer required for its intended purposes/when all requirements have been met

What activity does this measure regulate?

The methodology or practices that Customs uses to determine which import, export or transit transactions or operators should be subject to control and the type and degree of control to be applied.

What authorities are directly concerned?

• Customs

What are the new requirements?

• Members shall apply risk management to customs control in connection with import, export and transit of goods

• Members shall concentrate customs control on high risk consignments and expedite the release of low-risk goods

• Members shall use appropriate selectivity criteria in applying risk management

What activity does this measure regulate?

Customs verification of compliance with customs and related laws and regulations through examination of the trader’s books and records at his premises following release of the goods

What authorities are directly concerned?

• Customs

What are the new requirements?

• Members must use post-clearance audit  "with a view to expediting the release of goods" and, wherever practicable, to inform risk management

• Audits must be transparent and the persons subject to audit should be notified with information about audit results.

What activity does this measure regulate?

Measuring the performance of customs and other border agencies with respect to the release of goods

What authorities are directly concerned?

• Customs

• Other Border Agencies

What are the new requirements?

• Members are encouraged to measure and publish, on a periodic basis and in a consistent manner, the average time it takes to release goods

• Members are encouraged to share their experience in carrying out these measurements with the WTO trade facilitation committee.

What activity does this measure regulate?

Special or preferential customs treatment provided to reliable traders

What authorities are directly concerned?

• Customs

What are the new requirements?

• Members shall provide certain additional trade facilitation benefits to "authorized operators," or those traders who Customs has determined present a low risk of non-compliance with legal requirements.
• Members shall publish the qualification criteria
• Members’ are encouraged to base authorized trader schemes on international standards, unless inappropriate or ineffective
• A Member shall afford other Members the possibility to negotiate a mutual recognition of their respective authorized trader schemes.

What activity does this measure regulate?

Documents and goods imported by air express-delivery operators and other expedited shippers

What authorities are directly concerned?

•  Customs

•  Airport owner/operator

What is the new requirement?

• Members shall establish special facilitative procedures (as described in paragraph 8.2) to allow expedited release of at least those goods entered through air cargo facilities

• Members may permit only those persons or firms who fulfil the criteria listed in the subparagraphs of 8.1 to apply for expedited release treatment

• Criteria for application for expedited release treatment shall be published

What activity does this measure regulate?

Customs clearance and release of imported "perishable goods"

What authorities are directly concerned?

• Customs

• Other Border Agencies involved in the release of perishable goods

What is the new requirement?

Members shall adopt or maintain procedures for the importation of perishable goods that:

•  allow release within shortest possible time;

•  provide for release, where appropriate, outside Customs normal business hours;

•  give priority to such goods when scheduling examinations;

•  allow such goods to be stored in appropriate conditions for their conservation, where facilities approved by the relevant authorities are available;

•  where practicable, and upon request, allow release to occur at these storage facilities; and

•  require Customs to give a written explanation to the importer, on request, when there is a significant delay in the release of the goods.

What activity does this measure regulate?

•          The activities of the different national border agencies in connection with an import, export or transit transaction

•          The activities of the border agencies of two Members in connection with trade across a shared border

Which authorities are directly concerned?

•          All border agencies

What are the new requirements?

•          National border authorities/agencies shall cooperate and coordinate border controls and procedures to facilitate trade

•          Countries with common land borders shall cooperate and coordinate procedures to facilitate cross-border trade

What activity does this measure regulate?

Import, export and transit formalities and documentation requirements.

What authorities are directly concerned?

• All border agencies

What are the new requirements?

• Members must periodically review formalities and documentation requirements with a view towards simplifying or reducing them
• Documentation requirements or formalities should be as fast and efficient as possible.  They should not be adopted if a less trade-restrictive solution is available. They should be eliminated or modified if no longer necessary.

What activity does this measure regulate?

Presentation of supporting documents for import, export or transit formalities

What authorities are directly concerned?

•          All border agencies

What are the new requirements?

•          Border agencies shall endeavour to accept copies of supporting documents that may be required for import, export or transit formalities.

•          If the original document has been provided to one government authority, other government authorities shall accept a copy authenticated by the agency holding the original.

•          Neither an original nor a copy of the export declaration issued by authorities in the country of export shall be required for importation of the goods.

What authorities are directly concerned?

• All border agencies

What activity does this measure regulate?

• Import, export and transit formalities and procedures

What is the new requirement?

• Members are encouraged to use "relevant international standards" as the basis for their import, export and transit formalities and procedures.
• Members are encouraged to take part in preparation and periodic review of standards through the "appropriate" international organizations.

What activity does this measure regulate?

Traders’ submission of documents/data to multiple government agencies to allow import, export or transit of a goods shipment.

What authorities are directly concerned?

• All border agencies

What is the new requirement?

• Members shall endeavour to establish a "single window" to which a trader can submit all documents and/or data required by customs and all other border or licensing authorities for the import, export or transit of goods, and from which the trader will receive all notifications.
• "One-time submission:" where a trader submits required data and/or documents to the single window he/she shall not be asked again for the same information other than in exceptional cases.
• Members shall use ICT to the extent possible and practicable.

What activity does this measure regulate?

Use of pre-shipment inspection firms to carry out customs-related controls on imported goods

What authorities are directly concerned?

•          Revenue Authority

•          Customs

What is the new requirement?

•          If a Member presently requires pre-shipment inspection of imports in relation to tariff classification or customs valuation, it shall end such requirements

•          Members are encouraged not to introduce any such pre-shipment inspection requirements in the future.

What activity does this proposal regulate?

The use of customs brokers in import, export or transit operations

What authorities are directly concerned?

•          Customs

What is the new requirement?

•          Members shall not introduce the requirement for the mandatory use of customs brokers.

•          Measures on the use of customs brokers, or any subsequent modifications thereof shall be notified to the Committee and published promptly.

•          Any broker licensing rules shall be transparent and objective.

What activity does this measure regulate?

The import/export procedures applied by Customs, and documentation requirements, at the different entry and exit offices within the customs territory

What authorities are directly concerned?

•          Customs

What is the new requirement?

•          Customs shall apply uniform documentation requirements and uniform release and clearance procedures.

What activity does this proposal regulate?

The re-export or return of imported goods that have been rejected by government authorities

What authorities are directly concerned?

•          Customs

•          Other Border Agencies (particularly those involved in sanitary, phytosanitary and product standards issues: i.e. the Food Safety authority, Agriculture ministry, etc.)

What is the new requirement?

•          The importer shall have the right to return to the exporter, or any other person, imported goods that have been rejected by competent authorities due to failure to comply with prescribed sanitary and phytosanitary regulations or technical regulations.

What activity does this proposal regulate?

Customs procedures to allow the importation of goods without payment of import duties and taxes, or eligible for duty drawback, subject to conditions on the use to which the goods have been, or will be, put.

What authorities are directly concerned?

•          Customs

•          Revenue Authority

What is the new requirement?

•          Members shall adopt customs procedures for the temporary admission, inward processing and outward processing of goods.

A temporary admission procedure allows goods to be imported for a limited period of time (six months, one year, etc.) for defined purposes (e.g., goods to be displayed at trade exhibitions; shipping containers imported to be filled; tools needed for a domestic manufacturing operation; traveller’s personal effects; foreign-registered automobiles used by visitors to the country, etc.) without payment of import duties and taxes.

Manufacturers use the inward processing procedure for goods that have been returned to them for repair or for parts, materials, or other production inputs they use in their processing operations.  Under the procedure, the goods may be imported without payment of duty or taxes provided the manufacturer exports the repaired or finished product within a specified period.  Or duty may be refunded under a duty drawback scheme once the goods are exported.

Outward processing allows persons to send domestic or previously-imported/duty-paid goods abroad for purposes of repair (for example, goods returned to the manufacturer under warranty) or for other processing, and re-import the repaired or processed goods within a fixed period of time without payment of import duty or taxes, with the exception of duty or tax assessed on the value-added by the foreign processing operation.

Paragraphs 1-3
(transit charges, regulations, and formalities)

What activity does this proposal regulate?

The regulations and formalities that a Member applies to traffic in transit

What authorities are directly concerned?

• Customs

• Transport Ministry

• Other Border Agencies

What are the new requirements?

• Regulations or formalities on transit shall be eliminated or reduced if no longer required or a less trade-restrictive solution becomes available, and they should not be applied in a manner that would be a disguised restriction on trade

• Charges that may be imposed on transit only for transit administrative procedures entailed or transit services provided, and shall be limited in amount to the expense of such procedures or cost of such services

• Members shall not seek, take or maintain voluntary restraints or similar measures on traffic in transit.

Paragraph 4
(strengthened non-discrimination)

What activity does this proposal regulate?

Goods in transit and the vessels and transport means of other Members

What authorities are directly concerned?

• Customs

• Transport Ministry

• Other Border Agencies

What are the new requirements?

• Treatment Preceding Transit: A Member shall not treat goods that will pass in transit through another Member’s territory to the final destination less favourably than if the goods were shipped to the destination without passing through that other Member’s territory.

Paragraphs 5-10
(transit, procedures and controls)

What activity does this proposal regulate?

Customs transit procedures and controls

What authorities are directly concerned?

• Customs
• Transport Ministry

What are the new requirements?

• In processing and control of transit movements, a Member:

• shall allow pre-arrival declaration
• shall not apply formalities, documentation requirements or controls other than those necessary to identify the goods and ensure compliance with transit requirements
• shall not apply customs charges, formalities or inspections other than at the offices of departure and destination (and not en-route)
• shall not apply technical regulations and conformity assessment procedures on goods in transit
• shall promptly terminate the transit operation once goods reach the office of exit, if all requirements are met

• Members are encouraged to make separate lanes or similar infrastructure for transit in traffic.

Paragraphs 11-15
(guarantees)

What activity does this proposal regulate?

The use and discharge of guarantees that may be required by Customs in connection with transit operations

What authorities are directly concerned?

• Customs

What are the new requirements?

• Any guarantee that Customs requires for a transit movement:

• shall be limited to ensuring that requirements arising from such traffic in transit are fulfilled;

• shall be discharged by Customs without delay once the transit is completed; and

• shall, in a manner consistent with its laws and regulations, be comprehensive for same operators or maybe renewed by the trader thereafter.

• Information on how guarantees are set must be made available to the public.

• Customs may require a convoy to accompany goods only if the goods are high risk and so specified in the Member’s laws and regulations and published.

Paragraphs 16-17
(cooperation and coordination)

What activity does this proposal regulate?

Promotion of agreements and coordination on transit matters at a regional and bilateral level

What authorities are directly concerned?

• Customs

• Transport Ministry

• Other Border Agencies

What are the new requirements?

• Members must endeavour to cooperate and coordinate to enhance freedom of transit

• Members must endeavour to appoint a national transit coordinator to whom other Members can make enquires and proposals.

What activity does this proposal regulate?

Customs-to-Customs exchange of information for purposes of verifying goods declarations

What authorities are directly concerned?

• Customs

What are the new requirements?

• One Member shall provide another, upon request and subject to conditions, information and/or documents concerning specific import or export declarations.