Transcript Document

Trade Facilitation
in the
World Trade Organization
Mohsen Ahmed Helal©
Regional Advisor on
World Trade Organization
Workshop on
Capacity Building Programme
World Bank Institute
Ein El-Sokhna, Egypt
17-20 April 2004
© The views expressed in this presentation are that of the Regional Advisor and does not necessarily reflect those of ESCWA.
Trade Facilitation
Definition:
• Improving Documentary Requirements, and procedures on
Trade in Goods
(Import + Export + Transit)
• Custom Reform
• Reforming Customs Procedures
• Making Trade Procedures as Efficient as possible through:
procedures, documentation and information.
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International Organizations Dealing
With Trade Facilitation
• Multitude of International Organizations dealing with different
issues related to Trade Facilitation:
WCO
World Custom Organization
UNCTAD
United Nations Conference on Trade and Development
WB
World Bank
ISO
International Standard Organization
ITC
International Trade Center
Koyoto Convention
Custom related-issues
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WTO-Related Articles
GATT 1994
Art V
Freedom of Transit
Art VIII
Fees and Formalities connected with
importation and exportation
Art X
Publication and Administration of Trade
Regulation.
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Other WTO Agreements
Rules on Trade Facilitation
1.
2.
3.
4.
5.
6.
Custom Valuation Agreement
Agreement on Pre-Shipment Inspection
Agreement on Import Licensing Procedures
Agreement on Rules of Origin
Agreement on Technical Barriers to Trade
Agreement on Sanitary and Phyto-Sanitary Measures
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WTO Ministerial Declaration
Singapore 1996
Article 21; Trade Facilitation:
“we further agree to:”
“direct the Council for Trade in Goods to”
“undertake exploratory and analytical”
“work, drawing on the work of other”
“relevant international organizations,”
“on simplification of trade procedures”
“in order to assess the scope for”
“WTO rules in this area”
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WTO Ministerial Declaration
Doha 2001
Para 27; Trade Facilitation:
“In the period until the Fifth Session”
“the Council for Trade in Goods”
“shall review and, as appropriate”
“clarify and improve relevant”
“aspects of Article V, VIII, and,”
“X of the GATT 1994”
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Article V: Freedom of Transit
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No obstacles or unreasonable charges on transit
Freedom of transit… most convenient routes…
Transit;
– No delays, no restrictions
– Exempt from custom duties or other charges
– Administrative expenses (reasonable, cost of services)
•
MFN treatment with respect to ALL:
» Charges;
» Regulations;
» formalities
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Article VIII: Fees & Formalities
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Limited in amount (cost of services rendered)
Not to represent protection to domestic products
No import fax for fiscal purposes
Import and export formalities should be reduced
Document requirements:
– Less
– Simplified
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Article X: Transparency
Publication and Administration of Trade Regulation
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Publication ALL Laws, regulation, administrative ruling,
and judicial decisions (import + export)
Measures imposing a new requirement, restriction, or
prohibition on imports, or payment, shall be published
before enforcement
Uniform, impartial, and reasonable administration of
laws, and decisions on Import and Export.
Judicial/Arbitral System to review and correct action
relating to customs matters.
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Role of WTO and other Organizations
WTO:
May consider a framework of:
- legal rules
- dispute settlement
WTO:
Should not get involved in other
International Organizations role in
Trade Facilitation.
UNCTAD, WCO, ITC, and others
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Post-Doha Work Programme on Trade Facilitation
Three core agenda items:
(i)
GATT Articles V, VIII, and X
(ii) Trade Facilitation needs and priorities of Members,
particularly developing and least-developed countries
(iii) Technical assistance and capacity-building
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Some Positions
ALL countries: Recognition of benefits of trade facilitation
EU + Japan:
Article VIII to be “operational” rather than “aspirational”
Rules on customs procedures
Article V unjustified restrictions
non-discrimination with regard to modes of transport
Most ambitious GOAL.
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Some Positions (cont’d)
Developing countries:
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Rules will exceed the implementation capacities of LDCs;
•
Dispute Settlement?
•
Trade Facilitation is related to domestic capacity building,
and not multilateral rules.
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Draft Cancun Declaration
Not approved 13/09/2003
1.
Negotiations shall aim, by clarifying and improving relevant aspects of
GATT Article V, VIII and X of the GATT 1994, at the establishment of
an agreement to further expedite the movement, release and clearance
of goods, including goods in transit.
2.
In the case of developing and least-developed countries, it is agreed that
their implementation capacities shall be an important factor to take
into account in the negotiations. The negotiations shall also take fully
info account the principle of special and differential treatment for
developing and least-developed countries.
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Draft Cancun Declaration
Not approved 13/09/2003 (cont’d)
3.
Recognizing the needs of developing and least-developed countries for
enhanced technical assistance and capacity building in this area, we
commit ourselves to ensuring adequate technical assistance and support
for capacity building both during the negotiations and after their
conclusion.
4.
In order to make the process of identification and assessment of needs
related to technical assistance and capacity building effective and
operational and to ensure better coherence, a collaborative effort shall
be undertaken with other international organizations, including the
World Bank, IMF, UNCTAD, and the WCO, in this regard.
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Draft Cancun Declaration
Not approved 13/09/2003 (cont’d)
5.
Due account shall be taken of the relevant work undertaken
by other international organizations in this area.
6.
Paragraphs 45-51 of the Doha Ministerial Declaration shall
apply to these negotiations. At its first meeting after this
Session of the Ministerial Conference, the Trade Negotiations
Committee shall establish a Negotiating Group on Trade
Facilitation and appoint its Chair. The first meeting of the
Negotiating Group shall agree on a work plan and schedule of
meetings.
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