Trade Facilitation in the WTO

Samer Seif El Yazal

Samer.seif@wto.org

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Contents

Introduction

Key issues

Legal Framework

Negotiating mandate

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Four Singapore Issues1. Trade and Investment

2. Trade and Competition Policy

3. Transparency in Government Procurement

4. Trade Facilitation

1. Introduction – Singapore 1996

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1. Introduction – Doha 2001 Doha Ministerial Declaration (Nov. 2001)

Paragraph 27

Negotiations will take place after the Fifth Session of the Ministerial Conference on the basis of a decision to be taken by explicit consensus on modalities of negotiations. The CTG shall review and as appropriate clarify and improve relevant aspects of Articles V, VIII and X of the GATT 1994.

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1. Introduction: TF in the context of the Doha Round

Added in 2004: General Council Decision, 1 August 2004 Annex D: Modalities for negotiations

TF as part of the Doha Round

Late start..... .... but same finishing line

Part of the “Single undertaking”

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1. Introduction - Objective

Making trade procedures as efficient as possible through the simplification, rationalization and harmonization of procedures, documentation, and information flows

Specific focus of work:

Articles V, VIII and X of GATT 1994

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Main problems for traders

Lacking transparency and predictability

Lack of automation and scare use of IT

Burdensome border-crossing procedures

Lack of cooperation and coordination

Excessive documentation requirements

2. Key issues

Outdated legislation inhibiting change

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3. Legal framework

GATT 1994:Freedom of Transit

Publication and Administration of Trade Regulations

Fees + Formalities connected with Importation & Exportation

Art. V

Art. VIII

Art. X

Existing WTO rules on TF

GA

TT 1

994

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Claimed shortcomings Lack of clarity and precision Lack of operationality Lacking enforceability Lacking transparency and predictability Absence of requirements for cooperation

and coordination amongst the various stakeholders

3. Legal Framework

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Clarify and improve V, VIII, X

SDT - Longer transition periods

No obligation for infrastructure

Identify needs and priorities

Technical Assistance & supportWT/L/579- Annex DWT/L/579- Annex D

Mandate:Mandate:

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Substantive number of proposals

Progress towards a draft-text

More than 25 NG meetings so far

State-of-play: Trade Facilitation

Negotiations should bear overall outcome of DDA

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Work Plan

– Member-driven, covering all elements of the mandate in a flexible way

– Participation of relevant international organizations on an ad hoc basis

State-of-play: Trade Facilitation

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More than 150 submissions sponsored by more than 100 Members

Trade Facilitation: Members’ Proposals

Sponsored by developed and developing countries alike, with even LDCs presenting written proposals (teaming up with developed ones)

3 main categories

A. Related to the 3 GATT Articles

C. Related to customs cooperation

B. Related to S&D, TA&CB and other elements

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Main areas addressed

– Improvements/clarification of Art. V, VIII+X

State-of-play: Trade Facilitation

– Special and differential treatment– Technical assistance and capacity

building

– Needs and priorities assessment – Cost implications – Coordination and coherence

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Simplification

Harmonization (use of international standards)

Impartiality and Non-discrimination Enhanced coordination & cooperation Enhancement of transparency and

predictability

Reduction of requirements

Streamlining of procedures

Summary of Proposals

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regularly updated to reflect new input

Compilation (TN/TF/W/43.Rev.14)

Living (working) document

Trade Facilitation: Members’ Proposals

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WB Study- Conclusions Six country studies – Identify additional needs and priorities for TA and

capacity building support Egypt, Paraguay, Philippines, Rwanda, Senegal & Sri Lanka

No one starting from scratch WTO TF agenda in line with existing modernization plans and strategies Modest costs except for single window and one stop border stations Customs ahead of other agencies Some TA needed for effective implementation in key areas Barriers to effective implementation not always responsive to TA

regardless of its quality and quantity Need for country specific needs assessments to ensure effective

integration of WTO agenda into wider TF programs

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Why Self Assessment of Needs?

MANDATE – self assessment

Members’ Proposals

Move negotiations forward

Participate more effectively

Prepare for implementation

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Up-To Date Information

Trade Facilitation

Trade Facilitation Technical Assistance And Capacity Building

Trade facilitation document code: Trade facilitation document code: TN/TF/TN/TF/

www.wto.org

Thank you for your attention