Trade Facilitation in the WTO Samer Seif El Yazal

2 Contents  Introduction  Key issues  Legal Framework  Negotiating mandate

3 Four Singapore Issues 1. Trade and Investment 2. Trade and Competition Policy 3. Transparency in Government Procurement 4. Trade Facilitation 1. Introduction – Singapore 1996

4 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.

5 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”

6 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

7 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 Key issues  Outdated legislation inhibiting change

8 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 GATT 1994

9 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

10 Clarify and improve V, VIII, X SDT - Longer transition periods No obligation for infrastructure Identify needs and priorities Technical Assistance & support WT/L/579- Annex D Mandate:

11  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

12  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

13  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

14  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

15  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

16  regularly updated to reflect new input Compilation (TN/TF/W/43.Rev.14)  Living (working) document Trade Facilitation: Members’ Proposals

17 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

18 Why Self Assessment of Needs? MANDATE – self assessment Members’ Proposals Move negotiations forward Participate more effectively Prepare for implementation

19 Up-To Date Information Trade Facilitation Trade Facilitation Technical Assistance And Capacity Building Trade facilitation document code: TN/TF/

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