1 wto trade facilitation operation of a wto tf needs assessment sheri rosenow – trade and finance...

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WTO TRADE FACILITATIONOperation of a WTO TF Needs

Assessment

Sheri Rosenow – Trade and Finance and Trade Facilitation Division

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Self Assessment Objectives

• Identify TA/CB needs/priorities for the implementation of proposed measures

• Better determination of national negotiation position for each proposed measure and TACB

• Be better prepared for implementation

• Develop capacity to continue assessment of needs and priorities

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Benefits:

X-Ray of country situationBetter understanding of role and status of various

border agencies and private sectorBetter understanding of WTO TF and possible

results of negotiationsBetter understanding of the proposed measuresNew personal relationships which will promote better

cooperation provides transparency to the process

Based on evaluations of needs assessments.

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Preparation • Project Description• Regional Workshop• Geneva Delegate Training

• Initial stakeholder meeting• Review Guide• Advance meeting• Bring all relevant legislation

• All materials on WTO websitewww.wto.org - Trade Facilitation Technical Assistance

and Capacity Building(easily found through A-Z list on main

webpage)

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National Needs Assessment Agenda

Advance MeetingsDay 1: facilitator & Geneva delegate

presentationsBackground WTO and TF negotiationsIntroduction to Needs Assessment Guide

Day 1-2: Needs assessment in working groups

Day 3-4: Plenary reviewDay 5: prepare & present results to high-

level officials and private sector

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NEEDS ASSESSMENT PROCESS

• Working groups 8 -10 people

• Each group:– Assesses part of the proposals– Representatives of all agencies/private sector– Facilitator spot– Records findings on laptop

• Results basis for continued work

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49 proposed measures under GATT V, VIII and X

Follows TN/TF/W/43 headings

Part A- explains use of Guide

Part B- Standards/Scope for each measure

Annex A – Charts for each measure

Self Assessment Guide

TN/TF/W/143/Rev.?

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A.2 Internet PublicationA.2(a) Internet Publication of the Elements Set Out in Article X of GATT 1994; andA.2(b) Internet "Publication" of Specified Information Setting Forth the Procedural Sequence and Other Requirements for Importing Goods Into a Member's Territory.

General Description• The publication of relevant information on an official website provides particularly high levels of both transparency and accessibility. It also

allows timely publication of new and amended information.• These proposals seek to provide greater transparency of and accessibility to trade regulations by making available to interested parties, via

the internet, all legislation and trade-related procedures relating to or affecting the international trade in goods.Basic Standard• A Member shall publish all trade related legislation, procedures and documents on a national official internet site or sites.Scope of Proposals(a) The published information shall include:• Laws, regulations, administrative rulings, judicial decisions and administrative rulings of general application;• Procedures of border agencies, including port, airport, and other entry-point procedures; • The forms and documents required for importation and exportation;• Rate of duties and taxes imposed on or in connection with importation or exportation (including applied tariff rates);• Decisions and examples of customs classification;• Import and export restrictions;• Fees and charges imposed on or in connection with importation and exportation;• Penalty provisions against breaches of import and export formalities;• Appeal procedures;• Agreements with any country or countries relating to the above issues; • Full and precise description of its Customs procedures; • Full and precise description of procedures for the appeal of customs determinations. (b) New and amended trade-related legislation and procedures should be published on the internet before entry into force and allow interested

parties to comment. (Except for information requiring urgency.)(c) Members shall notify the WTO Trade Facilitation committee of the website. (d) Trade related legislation and procedures should be provided in one of the official WTO languages. Developing countries may provide only

outlines in a WTO language instead.Requirements to Meet the Basic Standard• The Member has organizational and other mechanisms in place to ensure that the information which it makes available is complete,

accurate, relevant and timely. This may include the establishment of a national coordination point.

Look at Page 14

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Current situation relative to the Basic Standard. Describe in detail.

Reason for non-compliance/barriers

Actions needed to meet basic standard (Consider needs in legal framework, administrative policy, human resources, training, equipment, organization, change management. If possible include estimated costs and/or implementation times.)

What can be done locally to address barriers? (Specify in detail)

Is Technical Assistance or Capacity Building support needed? If yes, specify in detail.

Priority for Technical Assistance: High: Medium: Low: None: . Comments:

Lead agency or organization and other stakeholders that would be responsible for implementation of this measure :

Stakeholders not participating in assessment of this measure(s) that should be consulted:

Issues to note (any comments or recommendations for negotiators, etc.):

Look at ChartA.2(a) INTERNET PUBLICATION OF THE ELEMENTS SET OUT IN ARTICLE X OF GATT 1994; A.2(b) INTERNET PUBLICATION OF SPECIFIED INFORMATION SETTING FORTH THE PROCEDURAL SEQUENCE AND OTHER REQUIREMENTS FOR IMPORTING GOODS INTO A MEMBER'S TERRITORY

Basic Standard A Member shall publish all trade related legislation, procedures and documents on a national official internet site or sites.COMPLY: Yes: No: Partially: Not applicable: National Priority: High: Medium: Low: None: .

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Role of the Facilitator

Explain proposals

Explain Guide

Oversee process and provide feedback

Sit with working groups but don’t lead

Keep on track

Ensure all stakeholders consulted

Draw out shy people

Oversee process

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First steps

Step 1: read basic standard, scope of proposals and requirements to meet basic standard.

Step 2: discuss current situation in relation to this standard and all points in scope

Step 3: Fill in first column of chart with complete details including eg. name of legislative acts, etc.

Step 4: Record as you go. Review frequently to make sure all group agrees.

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Reason for non-compliance/Barriers








1. Complete this column first

2. Then determine status

3. Work across line by line

5. Determine priority last

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COMPLY: Yes: No: Partially: Not applicable: National Priority: High: Medium: Low: None: .

A.2(a) INTERNET PUBLICATION OF THE ELEMENTS SET OUT IN ARTICLE X OF GATT 1994; A.2(b) INTERNET PUBLICATION OF SPECIFIED INFORMATION SETTING FORTH THE PROCEDURAL SEQUENCE AND OTHER REQUIREMENTS FOR IMPORTING GOODS INTO A MEMBER'S TERRITORY

Basic Standard: A Member shall publish all trade related legislation, procedures and documents on a national official internet site or sites.

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Multiple AgenciesCurrent situation relative to the requirements to meet the Basic Standard

Reason for non-compliance/Barriers Actions needed to be taken to achieve Basic Standard

Local remedy/action

TA Lead agency

Customs:

1.

2.

3.

Standards:

1.

2.

3.

Agriculture:Stakeholders consulted during the course of this Assessment:

Comments:

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Actions needed to meet basic standard

Local action TACB

Analyse how the basic standard and each element in Scope of Proposal are currently implemented.

Judge against basic standard only. Don’t aim for best practice.

Provide complete details. Provide legislation






This is a “living document” thatyou will continue to use and improve so details are important.



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E.G.

Customs publishes its laws and regulations on an internet website but not the Trade ministry





1. Complete this column first

2. Then determine statusCOMPLY: Yes: No: Partially: X Not applicable: National Priority: High: Medium: Low: None: .



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1.

2.

3.

4.





2. Then determine status

COMPLY: Yes: No: Partially: X Not applicable: National Priority: High: Medium: Low: None: .



3. Work across line by line for each point NOT in compliance1. Complete this column first

No need to complete the rest of chartif current situation complies

2.3a b

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Current situation Reason for non-compliance/Barriers Actions needed to meet basic standard

Local action TACB

E.G.

Customs publishes its laws and regulations on an internet website but not the Trade ministry

What prevents compliance?Lack of awareness

Resistance

Lack of trained personnel

Lack of political will

Can be more than one barrier for each “current situation”

Dig deep to find core barrier(s)

Reason: Often a problem must be resolved locally before TA can be effective.








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Current situation

Barriers Actions needed to meet basic standard (Consider needs in legal framework, administrative policy, human resources, training, equipment, organization. If possible include estimated costs and/or implementation times.)










What can be done locally to overcome the barriers

Be specific:-awareness training for 100

officials in the Ministry of Trade

- Set up an IT unit to regularly load and update information on internet site

TA needed to overcome the barriers

Be specific:-Equipment (PCs, IT network)

for IT unit at Ministry of Trade

Don’t get distracted with big infrastructure projects. Focus only on TA to implement basic standard

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Local Action TACB

Priority for Technical Assistance: High: Medium: X Low: None: . Comments:

Lead agency or organization and other stakeholders that would be responsible for implementation of this measure:

Useful for future technical assistance and implementation phases to know who is responsible

Underline lead agency


Purpose: ensure result reflects views of all relevant stakeholders.





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Local Action TACB





Comments on important issues in the negotiations can be made here e.g. why this proposal is a national priority (or not), questions on proposals or clarifications needed. Comments on difficulties in the needs assessment, e.g. assumptions made if standard too vague. Or useful information for your negotiator e.g.: Not implementing now but is in 5 year plan.Approximate time frame to implement can go here if not listed above.


A.2(a) INTERNET PUBLICATION OF THE ELEMENTS SET OUT IN ARTICLE X OF GATT 1994; A.2(b) INTERNET PUBLICATION OF SPECIFIED INFORMATION SETTING FORTH THE PROCEDURAL SEQUENCE AND OTHER REQUIREMENTS FOR IMPORTING GOODS INTO A MEMBER'S TERRITORY Basic Standard: A Member shall publish all trade related legislation, procedures and documents on a national official internet site or sites.

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Barriers to meeting Basic Standard


Local Action TA

NO

Priority for Technical Assistance: High: X Medium: Low: None: . Comments:

Lead agency or organization and other stakeholders that would be responsible for implementation of this measure : MFAIT

Stakeholders not participating in assessment of this measure(s) that should be consulted: Dept of Economy and Planning

Issues to note (any comments or recommendations for negotiators, etc.): The Option of a Regional Enquiry Point was discussed and there was potential for this to assist traders. However, this would still require essential issues to be resolved locally first. In addition, there is not a harmonized system in the region, therefore a Regional Enquiry Point would be difficult to implement.

There was probably a low priority attached to various aspects of the proposal because of multiple issues to be addressed by the Enquiry Point.

Does the National Enquiry Point require a solely dedicated e-mail, website and telephone number?

The quantum of work does not merit the singular use of such equipment for these particular tasks.

The resources have yet to be mobilize to address the issue of the website and the e-mail address.

A.3 ESTABLISHMENT OF ENQUIRY POINTSBasic Standard: A Member shall establish a national or regional enquiry point which is responsible for providing, or facilitating access to, trade-related information and documents to interested parties.


Example

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Barriers to meeting Basic Standard




AA Agency has an enquiry point for providing trade related (especially export) information.

BB Agency has a project XX to provide agriculture related information.

Operational at initial stage.

CC Agency has an enquiry point for TBT.

Federal Board of Revenue has a website

Lack of coordination and awareness of

the requirements

Trade information portal should be established in Ministry of Commerce with links to other website. It should have expert staff to answer to enquires on 24 hours basis.

Coordination effort is required.

NO

Priority for Technical Assistance: High: Medium: Low: None: x . Comments:

Lead agency or organization and other stakeholders that would be responsible for implementation of this measure : Ministry of Commerce





Example

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Reasons for Non-compliance/barriers to meeting Basic Standard


Local Action TA

1. The MFA is the National Enquiry Point.

2. WTO was notified

Basic communication equipment is available but not solely dedicated for this function.

3. The EP is free of charge.

4. Open to both local and foreign entities.

5. Majority Internal Stakeholders are not aware of this designation.

6. Some inquiries may be forwarded to other relevant agencies.

7. Some documents are readily available for general information.

8. Documents/information for export to some trade partners not available

5. Lack of formal mechanisms for communication with Internal Stakeholders.

8. There may not be regular trade with those countries. Some support agencies may be Unaware of required documentation from other member states.

5. The EP should establish and implement a formal mechanism to communicate the availability of this resource to all relevant internal stakeholders and the general public.

8. Establish and implement a mechanism to facilitate collecting, managing and disseminating information to the support agencies, stakeholders and general public.

5. YES. Resources for dissemination of information:

-Framework development and training

-Public Relations Adviser

-Develop tools for public relations

Public relations material (brochures, booklets, etc.),

-Funding, public relations activities

8. NO







Example

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Assessment Problems

• Look at W/43

• Look at the text of the proposal

• Fill out as best can and make comments in tool

• Proposals take precedent over Guide

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Lessons LearnedAdvance preparation

Meeting of stakeholders Distribute material

Political support

Participant expertise

Assessment must continue

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Results of the Week

Summary report

Compiled charts

Powerpoint presentation

All results are confidential- only for use of your country

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Closing Ceremony

Participants report on findings to high-level officials and invited guests

– Overview of NA process

– Overview of findings (compliant, non-compliant, partially compliant)

– Reasons for non-compliance/Barriers

– Way forward and recommendations

– Presentation of summary report and charts

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Good Luck and Thank you

[email protected]

1 wto trade facilitation operation of a wto tf needs assessment sheri rosenow – trade and finance...

Documents

assessment of needs

needs assessment process

assessment guide day

traderelated procedures

international trade

priorities slide

private sector slide

trade related legislation