Kigali, Rwanda, May 2013 Is Single Window the chicken or the egg of Trade Facilitation? East African Community Forum on Trade Facilitation United Nations Conference on Trade and Development

A good question !

Operational issues Regulatory issues Banking and Insurance issues Customs issues The scope of Trade Facilitation

Trade Facilitation: « Enhancing the business environment of trade transactions » Operational issues Regulatory issues Banking and Insurance issues Customs issues Trade Facilitation

Single Window Legal and Policy Framework World Trade Organisation GATT Articles V, VII, and X Doha Round TF negotiations United Nations UNECA, UNCEFACT, UNCTAD World Customs Organisation Kyoto Convention, SAFE Framework of Standards Regional Institutions EU, COMESA, ECOWAS, SADC/SACU NAFTA, Mercosur, ASEAN, etc. Operational Components Integrated Border Management (IBM) Risk-Based Controls Simplified Procedures Regulatory Transparency Harmonisation Efficient MIS Application of International Standards Government – Business Dialogue Service-Level Agreements

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

The import, export or transit of a goods shipment implies: Control and enforcement of national laws and regulations by concerned governmental agencies; Provision of a variety of services to the goods shipment; Multiplicity of stakeholders, with different requirements (commercial, operational, fiscal, health, sanitary,..)

Implementation of a SW system Institutional considerations Technical considerations Legal considerations

Institutional considerations

Institutional framework CUSTOMS Issues under the strict control of Customs Issues under the control of Customs that require consultation with other Institutions Other Trade- related Institutions Issues under the strict control of a particular Institution Issues under the control of a particular Institution that require consultation with CUSTOMS Dialogue Concertation NTFC

Technical considerations

Information

Parties involved in a goods shipment Customs Port Authority Import License Food sanitation Airline Quarantine Importer Carrier Shipping Agent Forwarder Customs Broker Warehouse Bank Container Yard Shipping Company Foreign Customs Efficient Information Flows

20 participants; Over 200 data; Paper documents; Various data bases; Over 30 documents or messages. Formalities, procedures, documents and operations related to international trade

Process Analysis and Simplification National Data Harmonization Cross Border Data Exchange Single Window Business/Political Process Collaboration Between Trader and Government (UN/CEFACT Rec. 4, Rec. 18), UN/CEFACT International Supply Chain Reference model, Unified Modeling Methodology, Global Facilitation Partnership for Trade and Transport (GFP), Audit Methodology UN Layout Key, Master Document, UNTDED, TF Toolkit and Forms Repository UNTDED, Core Component Library, UN LOCODE and code lists, UNeDocs, Rec 34 UNeDocs (+ WCO DM) = CBRDM Rec 33, 34,35 Document Simplification and Standardization ICT Solutions: Customs Automation Transparency: Publication; Enquiry point; Appeal mechanisms. A STEP-WISE PROCESS Based on UNECE and WCO Tools

Legal considerations UN/CEFACT Recommendation 35 : Establishing a Legal Framework for International Trade Single Window (October 2010)

Annex II of Rec. #35 1.Legal basis for implementing a SW facility 2.SW facility structure and organization 3.Data Protection 4.Authority to access & share data between gov’t agencies 5.Identification, authentication, and authorization 6.Data quality issues 7.Liability issues (obligations and responsibility) 8.Arbitration and dispute resolution 9.Electronic documents 10.Electronic archiving 11.Intellectual property rights and database ownership 12.Competition

WCO-UNCITRAL Joint Legal Task Force Preliminary Set of Legal Issues for SW: – Creating a legally enabling environment at the domestic level (i.e., enabling legislation); – Authorization to exchange and share information (in data messages) between government agencies both nationally and internationally; – Authorization to access to information by other agencies and governments; – Identity management; – Privacy and confidentiality requirements in the areas of personally identifiable information and trade and competitive data; [Source: JLTF Meeting – February 2010]

WCO-UNCITRAL Joint Legal Task Force /2 – Legal validity and authentication of documents exchanged in electronic form; – Electronic and digital signatures; – Cross-border authentication and mutual recognition; – Data protection and information security; – Data collection, sharing, amendment, deletion, accessibility, retention and archiving; – Risk management considerations (especially for OGA’s/PGA’s); – Liability issues related the operation of Single Window facilities (including domestic and cross-border MOUs, interconnection security agreements, service level agreements, end-user agreements, disclaimers etc.); [Source: JLTF Meeting – February 2010]

WCO-UNCITRAL Joint Legal Task Force /3 – Transferable records including, e.g., electronic transport records (negotiable and non- negotiable) and electronic registries; – Intellectual property rights issues; – The implications of international standards, including data and the normative definitions prescribed in legislation that might need to be altered by agencies; – Ensuring that enforcement actions can still be carried out, for example, through possible implications on the laws of evidence and jurisdiction over individuals; [Source: JLTF Meeting – February 2010]

WCO-UNCITRAL Joint Legal Task Force /4 – Data ownership (including national Government interests); – The extent to which the revised Kyoto Convention (and other WCO instruments including the SAFE Framework) might be adjusted owing to the legal implications of the Single Window; – The impact of “click-through” agreements, online help facilities and other possible Single Window services; – Considerations related to government duties, taxes and fees collection/distribution and refunds; – Integrated risk assessment; – The legal implications of different technical architectural options for Single Window facilities. [Source: JLTF Meeting – February 2010]

Single Window Environment National Single Window Trade Firm Customs Broker Data Provider Bonded Transportation Inspection Company Airline Shipping Line Forwarder Manifest Data report agent Bank Warehouse Interoperability Ubiquitous Anytime Access All stakeholders stand to benefit from SIMPLE, TRANSPARENT and EFFECTIVE trade processes. Communication Network Service Provider Trade Related Agencies

Is SW the chicken or the egg? To get the chicken, you must start with the egg !

Is SW the chicken or the egg? To get the chicken, you must start with the egg S !