Analysis of Section I of the WTO TFA Ms. Milena Budimirovic Technical Officer Procedures and Facilitation Sub- Directorate World Customs Organization 1

Objectives – Provide relevant information and guidance in terms of implementation of the TFA provisions on trade facilitation and customs cooperation in Section I by using WCO instruments and tools to ensure a harmonized approach by Members – Shed more light on implications in terms of where more guidance is required – Provide a basis for all our future work for support to Members, including development of the Implementation Guidance web tool – Remain a living document to be regularly updated – Include observations regarding Institutional Arrangements which includes a reference to the WCO and its role in implementing the TFA 2

Annex to PC0352E1 and PT0005E1 3

Main findings – High level of consistency between TFA provisions and WCO instruments and tools – Different levels of support for different TFA provisions – The WCO standards and tools address TFA requirements in terms of cooperation and coordination with other border agencies 4

WCO instruments, tools, guidelines – TFA supported by around 40 WCO instruments and tools embodied in the 4 WCO packages (primarily ECP, but also RP, CEP and ODP) RKC standards and guidelines Standards are embodied also in other conventions (Istanbul, ATA, Nairobi), recommendations, declarations and the SAFE Package The Analysis also takes into consideration other organizations’ standards (WCO recommendation regarding the use of UNTDED, the use of UN/EDIFACT, etc) Compendiums: SW, RM, PCA, Customs Valuation; SAFE package Guidelines: TRS, Immediate Release, Binding Origin Information, Valuation Controls, Customs Laboratories, IBM, Transit IT tools or repositories: TRS on-line software, Customs Enforcement Network (CEN), SW information store on WCO web site 5

Possible Implications (1) – New tools currently under development Guidance on Customs-Business Partnership Business Lens Checklist for SMEs RP phase II action plan envisages development of consolidated guidelines for advance rulings Guidance on Customs Compliance Framework and Voluntary Disclosure – Existing tools currently under revision CBM Compendium Transit Handbook 6

Possible Implications (2) – Possible revision/update of existing instruments/tools to include more guidance for TFA requirements WCO Recommendation on the use of World Wide Web ICT Guidelines/SW Compendium to include more guidance on electronic payment Immediate Release Guidelines to include criteria for persons who may apply for expedited release of goods Continue discussion on mutual recognition arrangements for compliance programmes WCO Glossary of International Customs Terms to provide more clarity on how WCO terms relate to those mentioned under the TFA Guide to the Exchange of Customs Valuation Information to ensure full alignment with TFA Fast track relevant Utility Blocks/Proof-of-Concept projects under the Globally Networked Customs work 7

Possible Implications (3) – Possible development of new tools/instruments/projects to provide more guidance for TFA requirements Guidelines for transparency and predictability Guidelines for enquiry points in CUs/RECs A list of enquiry points, including in CUs and RECs A WCO project to address the notification of legislation Develop a list of links to Members’ web sites where information published according to requirements in Article 1 is published A notification system for published information Guidance on advance rulings on relief/exemption from customs duties, on quotas and those other than origin, classification and valuation (where ample guidance is already provided) Guidelines and networks of customs laboratories to include the second test Review the RKC guidelines to include more guidance for some TFA requirements: periodic review and publishing of information on fees and charges, perishable goods, dealing with rejected goods Guidance on uniform requirements of procedures and documentation based on best practices List of contact points for exchange of information (art. 12) 8

WCO bodies concerned – 12 WCO working bodies (dealing with customs procedures and facilitation, enforcement, capacity building, HS, valuation, rules of origin, SAFE, Istanbul and ATA conventions…) – + TFAWG (not mentioned in the Analysis) – High level of engagement with other international inter- governmental organizations, including other standard setting organizations (i.e. Codex Alimentarius, the Secretariat of the International Plant Protection Convention and the World Animal Health Organization): MoUs 9

TF Committees – TFA envisages establishment of a WTO Trade Facilitation Committee to fulfill obligations as envisaged under the TFA. – The Committee shall “maintain close contact with other international organizations in the field of trade facilitation, such as the World Customs Organization, with the objective of securing the best available advice for the implementation and administration of this Agreement and in order to ensure that unnecessary duplication of effort is avoided. “ 10

Thank you 11