1. WTO Trade Facilitation Self Assessment of Needs – Kenya Self Assessment of Needs and Priorities in the WTO Trade Facilitation Negotiations

3. The EAC

4. Outline Background Focus of Geneva TF negotiations The assessment process(methodology and Chart) Proposals examined Priorities identified and areas for further consultation Findings and conculsions

5. Background Doha up to Cancun and after July package and its work programme HKMD and approval of TF negotiations NGTF 15 th meetings so far New TA by WTO on Self Assessment of needs and priorities Kenya makes request and workshop takes place 9 th to 13 th June 2008 (WTO & USAID)

6. Background Negotiating Group on Trade Facilitation (NGTF) Trade Facilitation issues currently under negotiation as part of the Doha Round This resulted from unbundling of the “Singapore Issues” and putting of TF in the negotiating Agenda The TF negotiations at the WTO primarily focus on ensuring expedited clearance, release, and movement of goods.

7. Geneva NGTF (cont) The Proposals aimed at mainly addressing: – Simplification and Harmonization of Trade Procedures (customs and STDs). – Transparency as it relates to laws and regulations – Freedom of Transit for goods originating from territories with or without coastline ( Landlocked Vs land-linked countries-TAZARA) – Reducing cost of Trade – TA&CB – DC &LDCs concerns on financing Infrastructure development and acquisition and use of ICT (soft and hard) The negotiation recognizes the right of a country to regulate in order to meet certain national policy objectives such as safeguarding revenue, security, safety, health and environmental issues

8. Self-Assessment Process The workshop carried out a baseline analysis of Kenya’s position in TF negotiations on the basis of proposals submitted by WTO Members (4point negotiating pillars/position) Stakeholders identified: – technical assistance and capacity building needs with regard to trade facilitation – areas of compliance with Trade Facilitation measures – trade facilitation challenges facing Kenya

9. Self Assessment process (cont) The assessment was: Carried out in consultations with 34 stakeholders in order to identify areas of commitment Important to help define/inform national position on the TF negotiations To help Kenya develop implementation plans for those provisions which will require donor assistance To help Kenya negotiate for TA and Special and Differential Treatment

10. Assessment process Cont’d Methodology used: The Guide Basic Standard Scope of Proposals Requirements to meet the Basic Standard Detailed answers for each measure in chart

11. Needs Assessment Chart 34 agencies divided into 5 groups Current situation relative to basic standard Barriers to meet basic standard Local action needed Technical assistance required Agency responsible—(customs, STDs,) Stakeholders not participating Priority: a)Of TF measure for our country b)For TA

12. TRADE FACILITATION OVERVIEW OF FINDINGS 47 proposed measures were considered Preparedness/where are we? a)Already Compliant b)Partially compliant c)Not compliant d)Not applicable

13. MEASURES EXAMINED Option to return rejected goods to the exporter Separating release from clearance procedures Establishment and publication of average release and clearance times Objective criteria for Tariff Classifica

14. MEASURES EXAMINED Risk Management Internet Publication Prior Consultation Right of Appeal

15. MEASURES EXAMINED Phasing out mandatory use of Customs Brokers Establishment of Enquiry Points Elimination of Pre-shipment Inspection Non Discrimination of Transit Goods Disciplines on fees Acceptance of Commercially available information

16. MEASURES EXAMINED Single Window Pre Arrival Clearance Process Authorized Traders

17. Negotiating Priorities Identified Implementation of some commitments should be subject to Technical Assistance and sufficient time lines. For example Discipline of Fees and charges Single Window Risk Management Coordination of Activities and Requirement of All Border Agencies

18. Negotiation Priorities Cont’d Prior Consultation and Commenting On new and amended rules Reduction/Limitation/Simplification /Adjustment of Transit Procedures Establishment of National Enquiry Points Promotion of Regional Transit Agreements of Arrangements

19. Areas that require further consultations Mandatory use of Customs Brokers Expedited shipment

20. Reasons for Non- Compliance/Barriers Inadequate and fragmented legislative framework Weak implementation mechanisms Insufficient capacity in Public and Private Sector e.g. human resource, technical, financial, testing capability Inadequate coordination and cooperation within and among stakeholders (Government Agencies & Private Sector)

21. Reasons for Non- Compliance/Barriers Poor physical and technical Infrastructure undermines effective implementation Competing interests among stakeholders Prioritization differences among stakeholders Inadequate advocacy and lobbying in order to initiate legislative action

22. Reasons for Non- Compliance/Barriers Insufficient coordination and prioritization of Donor assistance in line with National priorities Inadequate Regional cooperation Need for revenue Need to protect National Security Interests (Terrorism) Insufficient consultation mechanism among stakeholders Governance and integrity issues

23. Local Action Change management to address Governance Issues Streamlining Trade Procedures Prioritizing and provision of adequate allocation of funds for Trade Facilitation Parliament engagement to facilitate Legal Reform

24. Local Action Improve coordination and consultation within and among Government and Public Sector Prioritization and coordination of Donor Assistance Implementation of Authorized Economic Operators Creation of awareness

25. Top Priorities for Technical Assistance Legislative Reform Human Resource Development within Government and Private Sector Enhancement of Risk Management Capability Technical and physical infrastructure development – ICT equipment and software – Testing and calibration equipment

26. Benefits of The Workshop Consultative Forum beneficial in promoting dialogue Contributed/promoted to enhancing inter- agency cooperation Enabled/promoted stakeholder Identification of needs and priorities Enhanced knowledge of WTO Trade Facilitation Issues among stakeholders

27. Recommendations Fast Track finalization of Draft National Trade Policy Allocation of resources to The Ministry of Trade in order to coordinate implementation of Trade Facilitation measures The sub committee on Trade Facilitation should be more active

28. Recommendations Fast track Institutionalization and granting of Legal mandate to the National Committee on World Trade Organization Legal Reform in the context of Trade Facilitation needs to be accelerated Trade Facilitation should be considered as National Priority as outlined in the Vision 2030

29. Recommendations Continued review and update of needs assessment findings Promote and enhance Regional Cooperation Stakeholders continue to meet Enhance communication between capital and Geneva

30. End Thank you for your time

31. Recommendations of Nairobi WTO-TF Symposium for fast tracking The CFTA A major factor in the low level of Intra-African trade has been the numerous trade facilitation constraints Removal of these constraints is critical to boosting trade among African countries Reduction of unnecessary roadblocks Harmonization, and simplifying customs and transit procedures, documentation and regulations Establishment & operationalization of OSBPs Integrated border management