1. Single Window for export and import clearance:
Joint Trade Conference: PAM and UN Trade & Productive Capacity Cluster
Geneva, 4-5 May 2011
Single Window
for export and import clearance:
Policy arguments and regional options
Mario Apostolov, Regional Adviser UNECE Trade

2. Financial crisis, social upheaval
Mediterranean:
Financial crisis, social upheaval

3. The current situation
Economic crisis
Security concerns

4. The current situation Economic crisis Security concerns
- Raise economic efficiency
- Trade (eliminate protectionism)
Economic crisis
- Foster development in South and East Mediterranean
- Efficiency of official controls
Security concerns
- Good governance

5. Eastern Europe 1989 Mediterranean 2011
Vaclav Klaus to the West:
Give us trade, not aid!
Eastern Europe
1989
The structure for this: EU integration
Period of preparation & expectations
Wave of democratization in the S.&E. Mediterranean
What structural arrangements ?
Support for SMEs – middle class – democratic society
Tariffs - low (WTO) = trade facilitation
Mediterranean 2011

6. Why a Single Window? UNCEFACT Recomendation 33
Organizational and political instrument
A tool of good governance (benefits for Government)
Efficient distribution of resources
Better revenue collection
More compliance from businessh
More security (on hte basis of risk analysis)
Less corruption
A tool of business efficiency (benefits for business)
Lower cost because of shorter time for the preparation of documents
Goods released faster
Predictable and efficient explanation and implementation of rules and procedures
More transparency 6

7. Streamline trade procedures and document exchange
PROBLEM – For a foreign trade transaction various control agencies require about 40 documents with often repeated data =>
Streamline trade procedures and document exchange
Alignment withinternational standards
Automation ▼
SOLUTION – Single Window for export and import clearance
G 2 G
G 2 G
G 2 G
B G
B G
B 2 G
B G
B 2 B 7

8. What the Single Window is: virtual info exchange
Definition: a system that allows all participants in trade and transport file requested information in only one place, in a standard format, in order to carry out import, export and transit operations.
Another Longer-term objective is establishing Single Window systems. We have a request from the SMN Govmt to help advance a project there. A Single Window can be defined as a facility that allows parties involved in trade and transport to lodge standardized information and documents with a single body to fulfil all import, export, and transit-related regulatory requirements.
If information is electronic, we talk about an electronic SW (this is not obligatory).
The point is that individual data elements should be submitted only once.
UN/CEFACT will adopt a Recommendation and Guidelines on SW in summer 2004 (text available)

9. Rec. 33: The Single Window Concept
FROM TO
PORT
AUTHORITY
CUSTOMS
CONSIGNOR
HEALTH
CARRIER
HAULIER
WHARFINGER
BROKER
LINE
AGENT
CONSIGNEE
Single Window
Customs, export, import, etc. processes together
Many documents filed together
Appr. 1 hour for clearance
Mountains of paper
30% mistakes
Weeks for clearance

10. Two directions of work in building a SW
~80% of the work - negotiations
Policy work
Building political will
Draft concept paper & feasibility study
Appoint a lead agency (e.g. Customs)
Harmonize policy
Technical work
Data harmonization
Developing a SW system
Alignment with international standards
Interagency management group
~20% technical work
Interagency technical group

11. Prerequisites High-level political support (e.g. PM)
Strong lead agency
Clear vision (purpose, concept, model, scope)
Effective coordination of various organizations!
Step-by-step
Involve business community in planning, decision-making and execution (not like Tunisia TradeNet)
Create an enabling legal environment
Draft and adopt a Master Plan defining tasks for all

12. Rec.35: Checklist of basic legal issues
Law on electronic signatures
Is the system working on a PKI basis?
Is there a root CA + functioning network of CAs?
2) Law on electronic commerce
3) Law on e-government
4) Law on data protection
5) Do sectoral laws (e.g. sanitary laws) envisage the use of sector and/or country specific codes
6) Are there requirements for paper originals in law?

13. Public vs. private law (both domains)
Agreement on a Single Window (among multiple organisations to define roles and responsibilities)
Public vs. private law (both domains)
Identification, authentication, authorization (electronic authentication not reguilated)
Data protection
Sharing data bet. government agencies
Retention (archiving) of data
Agreement on a Single Window
When multiple organisations involved in establishment  formal agreement to define roles and responsibilities
Public vs. private law
Single Windows systems are used in B2G and G2G relationships  domain of public law and public policy, e.g. fiscal policy  when determining the law applicable to single window and resolution of disputes arising from it, the difference between public and private law should be borne in mind
Identification, authentication, authorization
There are many practices and laws relating to authentication in a paper environment. Electronic authentication is not normally regulated expressly by law, concepts are evolving  ”Identity Management”
Agreements relating to transnational or regional single window systems should define common procedures observing international developments. In the absence of international agreements, national laws prevail
OECD Recommendation on Electronic Authentication and OECD Guidance on Electronic Authentication, June 2007

14. Liability issues (determine responsibilities)
Competition law (against abuse of dominant position)
Electronic and paper document equivalence (admissibility issues, UNCITRAL instruments)
Intellectual property rights
Settlement of disputes (arbitration or litigation)
Competition law
Antitrust concerns, e.g. abuse of dominant position, who can use the system, if private, and on what conditions
Protectionism, e.g. discrimination on the basis of nationality  cfr. GATT obligations
Electronic documents equivalent to paper documents (with signatures)
Are electronic documents (records) equivalent of paper documents?  also admissible as evidence in courts?
International models:
1) UNCITRAL Model Law on Electronic Commerce 1996
2) UN Convention on the Use of Electronic Communications in International Contracts (2005)
3) UNCITRAL Model Law on Electronic Signatures (2001)
Can you really substitute a paper contract by electronic communications?  if no, amend the law
Can you conclude an arbitration agreement electronically?
1) Can you fulfil administrative formalities through electronic records?
customs formalities, taxation, accounting
2) Legislation on e-government often separate from commercial legislation except e-signatures
Cfr. i2010 eGovernment Action Plan in the EU
Intellectual property rights
Who has property rights to information in the database?
Outsourcing of system software development  maintenance of ”ownership”, warranties of non-infringement of 3rd party software
Settlement of disputes
Contractual disputes between participants arbitration or litigation
Disputes between governmental organisations or between governments and companies litigation
Disputes between organizations of different countries  arbitration

15. Possible common Single Window model
Standardized Data Set based on WCO Data Model, UNTDED & UNeDocs Core Components
Sweden SW
Netherlands SW
Macedonia SW
Finland SW
Romania SW
Bulgaria SW
International
Standards
Turkey SW
Spain SW
This can be a possible combination of SWs in SEE.
Greece SW
Ireland SW
UK SW
SW = Single Window Provider

16. www.unece.org/trade & www.unece.org/cefact
Thanks!
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