Main S+D Provisions of the WTO-Agreement on Trade Facilitation Achim Seiler, Trade Consultant and Capacity Building Specialist, Kathmandu EU-Project: Trade and Private Sector Development (TPSD) TPSD is implemented by in cooperation with and

Categories of Provisions (A,B,C) for LDCs Category A: provisions designated for implementation within one year after entry into force Category B: provisions designated for implementation after a transitional period Category C: Provisions designated for implementation after a transitional period and requiring the acquisition of implementation capacity

(I) Timeline for LDC Notification for all categories of provisions (A,B,C) Notify Category A measures (Art. 15.2) Notify Category B measures (Art. 16.2.a) Notify Category C measures (Art. 16.2.c) LDCs may notify indicative implementation dates for Category B measures (Art. 16.2.a) LDCs shall notify information on assistance requirements for Category C measures (Art. 16.2.d) 1 2 3 4 5,5 years Entry into force

(II) Timeline for LDC Notification for all categories of provisions (A,B,C) Confirm designations of provisions and notify implementation dates for Category B provisions (Art. 16.2.b) (can be extended) Inform the Trade Facilitation Committee of donor arrangements for Category C provisions and notify indicative dates for implementation of corresponding Category C commitments (Art. 16.2.e) Inform the Trade Facilitation Committee of the progress in the provision of assistance and support for Category C measures and notify list of definitive dates (Art. 16.2.f) 1 2 3 4 5,5 years Entry into force

(III) Timeline for LDC Notification for all categories of provisions (A,B,C) Developing countriy Members and least-developed country Members experiencing difficulties in submitting definitive dates for implementation within the deadlines (…) because of the lack of donor support or lack of progress in the provision of assistance and support for capacity building should notify the Committee as early as possible prior to the expiration of those deadlines. (…) The Committee shall, as appropriate, take action to adress the difficulties including, where necessary, by extending the deadlines for the Member concerned to notify its definitive dates (Art. 16.3)

(IV) Timeline for LDC Notification for all categories of provisions (A,B,C) Confirm designations of provisions and notify implementation dates for Category B provisions (Art. 16.2.b) Three months before the deadline, the Secretariat shall remind a Member if that Member has not notified a definitive date for implementation of provisions that it has designated in Category B or C (Art. 16.4) Inform the Trade Facilitation Committee of the progress in the provision of assistance and support for Category C measures and notify list of definitive dates (Art. 16.2.f) for implementation 1 2 3 4 5,5 years Entry into force

(V) Timeline for LDC Notification for all categories of provisions (A,B,C) (…) If the Member does not invoke paragraph 3, or (…) in the case of a least-developed country Member subparagraph 2b, to extend the deadline and still does not notify a definitive date for implementation, the Member shall implement the provisions within one year after the deadline stipulated in (…) subparagraphs 2.b or f, or extended by paragraph 3. (Art. 16.4)

(I) Extension of Implementation Dates for Provisions in Categories B and C A developing country Member or least-developed country Member that considers itself to be experiencing difficulty in implementing a provision that it has designated in Category B or Category C by the definitive date established under (…) subparagraphs 2.b or f of Article 16, should notify the Committee. Least-developed country Members shall notify the Committee no later than 90 days before such date. (Art. 17.1.a)

(II) Extension of Implementation Dates for Provisions in Categories B and C example New date Least-developed country Members shall notify the committee no later than 90 days before the notified definitive dates of difficulty in implementing the provision (Art. 17.1.a) example New date 3 4 5,5 6 7

(III) Extension of Implementation Dates for Provisions in Categories B and C The notification to the Committee shall indicate the new date by which the developing country Member or least-developed country Member expects to be able to implement the provision concerned. The notification shall also indicate the reasons for the expected delay in implementation. Such reasons may include the need for assistance and support for capacity building not earlier anticipated or additional assistance and support to help build capacity (Art. 17.1.b)

(IV) Extension of Implementation Dates for Provisions in Categories B and C Where a developing country Member´s request for additional time for implementation does not exceed 18 months or a least-developed country Member´s request for additional time does not exceed 3 years, the requesting Member is entitled to such additional time without any further action by the Committee (Art. 17.2)

(V) Extension of Implementation Dates for Provisions in Categories B and C Extension (example) Where a least-developed country Member´s request for additional time does not exceed three years, the requesting Member is entitled to such additional time without any further action by the Committee (Art. 17.2) Extension (example) 6 7 8 9 10

(VI) Extension of Implementation Dates for Provisions in Categories B and C Where a developing country or least-developed country Member considers that it requires a first extension longer than that provided for in paragraph 2 or a second or any subsequent extension, it shall submit to the Committee a request for an extension containing the information described in subparagraph 1.b no later than 120 days in respect of a developing country Member and 90 days in respect of a least-developed country Member before the expiration of the original definitive implementation date or that date as subsequently extended (Art. 17.3)

(V) Extension of Implementation Dates for Provisions in Categories B and C Longer extension Where a least-developed country Member considers that it requires a first extension longer than that provided for in paragraph 2 or a second or any subsequent extension, it shall submit to the Committee a request for an extension. (Art. 17.3) Subsequent extension 6 7 8 9 10

(I) Implementation of Category B and Category C In accordance with paragraph 2 of Article 13, if a developing country Member or a least-developed country Member, having fulfilled the procedures set forth in paragraphs 1 or 2 of Article 16 and in Article 17, and where an extension requested has not been granted or where the developing country Member or least-developed country Member otherwise experiences unforeseen circumstances that prevent an extension granted under Article 17, self-assesses that ist capacity to implement a provision under Category C continues to be lacking, that Member shall notify the Commmittee of ist inability to implement the relevant provision (Art. 18.1)

(II) Implementation of Category B and Category C Paragraph 2 of Article 13: Assistance and support for capacity building should be provided to help developing and least-developed country Members implement the provisions of this Agreement, in accordance with their nature and scope. The extent and timing of implementation of the provisions of this Agreement shall be related to the implementation capacities of developing and least-developed country Members. Where a developing or least-developed country Member continues to lack the necessary capacity, implementation of the provision(s) concerned will not be required until implementation capacity has been acquired.

(III) Implementation of Category B and Category C The Committee shall establish an Expert Group immediately (…) and will examine the issue and make a recommendation to the Committee within 120 days of its composition (Art. 18.2) The Expert Group shall consider the Member´s self-assessment of lack of capacity and shall make a recommendation to the Committee. When considering the Expert Group´s recommendation concerning a least-developed country Member, the Committee shall, as appropriate, take action that will facilitate the acquisition of sustainable implementation capacity (Art. 18.4)

(IV) Implementation of Category B and Category C Where a least-developed country Member loses its ability to implement a Category C commitment, it may inform the Committee and follow the procedures set out in this Article (Art. 18.6)

(I) Shifting Between Categories B and C Developing country Members and least-developed country Members who have notified provisions under Categories B and C may shift provisions between such categories through the submission of a notification to the Committee. Where a Member proposes to shift a provision from Category B to Category C, the Member shall provide information on the assistance and support required to build capacity (Art. 19.1)

(II) Shifting Between Categories B and C (Art. 19.2): In the event that additional time is required to implement a provision shifted from Category B to Category C, the Member may: use the provisions of Article 17, including the opportunity for an automatic extension request an examination by the Committee of the Member´s request for extra time to implement the provision and, if necessary, for assistance and support for capacity building, including the possibility of a review and recommendation by the Expert Group under Article 18

(III) Shifting Between Categories B and C (Art. 19.2): In the event that additional time is required to implement a provision shifted from Category B to Category C, the Member may: c) in the case of a least-developed country Member, any new implementation date of more than four years after the original date notified under Category B shall require approval by the Committee. In addition, a least developed country Member shall continue to have recourse to Artcle 17. It is understood that assistance and support for capacity building is required for a least-developed country Member so shifting.

(IV) Shifting Between Categories B and C Extension Cat B (example) Cat B In the event that additional time is required to implement a provision shifted from Category B to C, the Member may use the provisions of Article 17, including the opportunity for an automatic extension (Art. 19.2.a) Cat C Extension Cat C (example) 6 7 8 9 10

(V) Shifting Between Categories B and C Cat B The Member may request an examination by the Committee of the Member´s request for extra time to implement the provision and, if necessary, for assistance and support for capacity building, including the possibility of a review and recommendation by the Expert Group under Article 18 (Art. 19.2.b) Cat C Extension Cat C (example) 6 7 8 9 10

(VI) Shifting Between Categories B and C Cat B In the case of a least-developed country Member, any new implementation date of more than four years after the original date notified under category B shall require approval by the Committee. In addition, a least-developed country Member shall continue to have recourse to Article 17 (Art. 19.2.c) Cat C Extension Cat C (example) 6 7 8 9 10

(I) Grace Period for the Application of the Understanding on Rules and Procedures Governing the Settlement of Disputes For a period of two years after entry into force of this Agreement, the provisions of Articles XXII and XXIII of GATT 1994 as elaborated and applied by the Understanding on Rules and Procedures Governing the Settlement of Disputes shall not apply to the settlement of disputes against a developing country Member concerning any provision that the Member has designated in Category A. (Art. 20.1)

(II) Grace Period for the Application of the Understanding on Rules and Procedures Governing the Settlement of Disputes For a period of six years after entry into force of this Agreement, the provisions of Articles XXII and XXIII of GATT 1994 as elaborated and applied by the Understanding on Rules and Procedures Governing the Settlement of Disputes shall not apply to the settlement of disputes against a least-developed country Member concerning any provision that the Member has designated in category A

(III) Grace Period for the Application of the Understanding on Rules and Procedures Governing the Settlement of Disputes For a period of eight years after implementation of a provision under Category B or C by a least-developed country Member, the provisions of Articles XXII and XXIII of GATT 1994 as elaborated and applied by the Understanding on Rules and Procedures Governing the Settlement of Disputes shall not apply to the settlement of disputes against that least-developed country Member concerning that provision (Art. 20.3)

(IV) Grace Period for the Application of the Understanding on Rules and Procedures Governing the Settlement of Disputes Notify Category A measures (Art. 15.2) Notify Category B measures (Art. 16.2.a) Notify Category C measures (Art. 16.2.c) Grace Period for LDCs for Category A provisions 1 2 3 4 5,5 years Entry into force

(V) Grace Period for the Application of the Understanding on Rules and Procedures Governing the Settlement of Disputes Extended definitive date for implementing Category C provisions (example) Grace Period for LDCs for Category B and C provisions (example) 10 12 14 16 18

Example of Schedules of Commitments A- Implement right away B- Time needed C- Time and TACB needed Publication Consultations Right of Appeal Import/Rapid Alert Disciplines on Fees Separation of Release Internet Publication Enquiry Point Notification Risk Management Authorized Traders Expedited Shipment Periodic Review of Formalities Advance Rulings Pre-Arrival Processing Post-Clearance Audit Reduction of Formalities Single Window PSI Source: WTO

Thank you Contact: seiler.achim@yahoo.de