The WTO and TRADE FACILITATION Needs Assessment Conducted In Cooperation with Annex D Organizations...
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Transcript of The WTO and TRADE FACILITATION Needs Assessment Conducted In Cooperation with Annex D Organizations...
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The WTO and TRADE FACILITATION
Needs Assessment Conducted In Cooperation with Annex D Organizations and WTO Members
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The International Organization that Governs the Rules of Trade Between Nations
Functions:-administer WTO trade agreements-forum for trade negotiations-handle trade disputes-monitor national trade policies-technical assistance and training-cooperate with international organizations
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World Trade Organization
Successor to GATT
International Organization embodied in results of Uruguay Round
Established: 1 January 1995
Member driven (153 Members)
Decision making by CONSENSUS
Single Undertaking –several topics negotiated together
Serviced by Secretariat - 600+ staff
Based in Geneva
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MinisterialConferenceWTO
Organization
General Council
Council for Trade in Goods
Council for TRIPS
Council for Trade
in ServicesCommittees
CommitteesCommittees
Working Parties
Working Parties
Working Parties
Dispute Settlement
TradePolicy Review
TNC
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Ministerial Conferences
+ Singapore (1996)
+ Geneva (1998)
+ Seattle (1999)
+ Doha, Qatar (2001)
+ Cancun, Mexico (2003)
+ Hong Kong, China (2005)(GC: July Package (2004))(GC: July Package (2004))
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Doha Development Agenda
☼Continue work on reduction of tariffs and non-tariff Barriers
☼Aim to reduce/abolish subsidies
☼Special emphasis on needs of developing and LDC
Goal: to complete negotiations by end 2006
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REVIEW OF GATT/WTO PRINCIPLES
Protection only through Tariffs
Reduction and Binding of Tariffs
National Treatment
Most Favored Nation (MFN)
Transparency
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NATIONAL TREATMENT
• No discrimination between imported and domestic products
– assessment of taxes
– application of internal regulations
GATT Article III
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MOST FAVORED NATIONPrinciple of Non-Discrimination
• Tariffs and regulations applied without discrimination
• WTO Members receive most preferential trade terms
GATT Article 1
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Exceptions
GATT Art. XX (General Exception)
GATT Art. XXI (Security Exception)
GATT Art. XXIV:5 (Free-Trade Area and
Customs Unions)
“Enabling Clause” (1979 Decision)
Marrakesh Agreement Art. IX:3
(Waiver)
GATT Principles: Exceptions
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Special and Differential TreatmentSpecial and Differential TreatmentDeveloped countries can treat developing countries more favorably than other WTO Members
Example: longer time periods for implementing Agreements
GATT Article XXXVIEnabling Clause
Purpose: provide developing countries and LDCs with
opportunities to benefit from the multilateral rules-based system,
not exempt them from it.
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Coalition Groups in WTO Negotiations
African Group
ACP Group
LDC Group
Core Group
Colorado Group
All TopicsAll Topics Trade Facilitation OnlyTrade Facilitation Only
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Trade barriers often exceed tariff barriers
Seen as necessary to fully reap benefits from dismantled trade barriers in other areas
Dispute settlement provides method of
enforcement
Why Trade Facilitation at the WTO?
Background:
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Mandate for negotiation set out in Annex D of the July package
Member-driven: all proposals and final outcome from Member nations
Part of the DDA Single Undertaking
No specific definition of trade facilitation but Members mainly narrowed to 3 GATT Articles
Background:
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Objectives of TF Negotiations
• Expedite movement, release & clearance of goods - including goods in transit
• Enhance TA and CB
• More cooperation between customs/other authorities
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Negotiation Mandate-
• Clarify & improve GATT Articles V, VIII, X
• SDT - Longer transition periods
• Identify needs and priorities
• Technical Assistance & support
WT/L/579 WT/L/579 Annex DAnnex DJuly PackageJuly Package
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Existing WTO Legal Framework
GATT Article X – Transparency• Publication• Administration of laws• Right to appealGATT Article VIII – Fees and
Formalities• Fees reflect cost of services
rendered • Reduce # and kind of fees• Simplify formalities and
documents• Minor penalty for minor errors
GATT Article V – Freedom of Transit
• Most convenient route• No discrimination• No unnecessary delays or
restrictions• No duties
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Clarification of GATT V, VIII, XClarification of GATT V, VIII, X
Members make proposals
For Example, proposal under Article X:
Use of internet publication More than 70 proposals Compiled by Secretariat in TN/TF/W/43/REV.? Categorized in headings A-M
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Proposals
EC TPKM EC + 9
Korea US (3)/Uganda Korea
Japan + 5 co EC/AUS EC/Paraguay
Canada/Australia Canada/Australia Paraguay Group
TPKM Korea Rwanda, Paraguay
Switzerland
US Canada Singapore
New Zealand Japan/Mongolia No ArticleNo Article
China
SingaporeArgentina
Turkey
New Zealand
Hong Kong
China/Korea
US/India
Dominican Rep
Bolivia + 15 co
Article X Article VIII Article V
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Main Areas Covered Groups of Measures Falling Under Those Areas
Sub-Categories of Measures Falling Under Those Groups (Where Applicable)
GATT Art. First Generation
Second Third
A.PUBLICATION andAvailability of info
1. Publication and Notification of Trade Regulations and of Penalty Provisions (W/6, W/7, W/8, W/17, W/26, W/30, W/32, W/45, W/96; See also references in W/13, W/14, W/17, W/23, W/24, W/75, W/96, W/114)
Article X W/6, W/7, W/8, W/17, W/26, W/30, W/32, W/45
W/96 W/114
2. Internet Publication (W/13, W/70, W/89, W/132; See also references in W/45 and W/75)
(a) Internet "publication" of the elements set out in Article X of GATT 1994 (W/13, W/70, W/89, W/132)
Article X W/13, W/70 W/89 W/132
(b) Internet "publication" of specified information setting forth the procedural sequence and other requirements for importing goods into a Member's territory (W/13)
Article X W/13
TN/TF/W/43TN/TF/W/43
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Proposals
Generation 1- general ideas
Generation 2 - compilation of main ideas in generation 1proposals
Generation 3 – draft text based on earlier proposals
TN/TF/W/43/Rev…TN/TF/W/43/Rev…
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TRANSPARENCY
ARTICLE X
Headings A-E
of Secretariat Compilation
TN/TF/W/43/Rev.?
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Proposals A-E
A. Publication and Availability of Information
B. Prior Publication and Consultation
C. Advance Rulings
D. Appeal Procedures
E. Other measures to enhance impartiality, non-discrimination and exportation
Secretariat Compilation of proposalsSecretariat Compilation of proposalsTN/TF/W/43/Rev.? (highest number is most recent revision)TN/TF/W/43/Rev.? (highest number is most recent revision)
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FEE$ and FORMALITIES
ARTICLE VIII
Headings F-Kof Secretariat Compilation
TN/TF/W/43/Rev.?
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F-K Fees &Formalities
F. FEES & CHARGES ON IMPORT/EXPORT
G. FORMALITIES ON IMPORT/EXPORT
H. CONSULARIZATION
I. BORDER AGENCY COOPERATION
J.. RELEASE AND CLEARANCE OF GOODS
K. TARIFF CLASSIFICATION
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ARTICLE VTRANSIT
Heading Lof Secretariat Compilation
TN/TF/W/43/Rev.?
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L – Transit Proposals1. Operationalization and Clarification of Terms2. Non-discrimination and Policy Objectives3. Disciplines on Fees and Charges
4. Disciplines on Transit Formalities and Document Requirements 5. Improved Coordination and Cooperation6. Disciplines on Restrictions to Freedom of Transit
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M. Customs Cooperation
Multilateral Mechanism for Exchange and Handling of
Information
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Negotiation Mandate-
• Clarify and improve GATT Articles V, VIII, X
• SDT - Longer transition periods
• Identify needs and priorities
• Technical Assistance & support
WT/L/579 WT/L/579 Annex DAnnex DJuly PackageJuly Package
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SDT Mandate for TFSDT Mandate for TF
SDT taken fully into account
Extend beyond traditional transition periods for implementation
Extent and timing of commitments related to implementation capacity
Not obligation for infrastructure projects beyond means
LDC: only commitments to extent of capability
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Extended SDT beyond traditional transition periods
Large flexibility for LDCs
Extensive TA/support and review of effectiveness
Assistance to identify needs and priorities
Support for infrastructure development
Conditionality between TA and implementation commitments
SDT in Trade Facilitation Proposals
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2 Types Of SDT Proposals
Related to specific proposed measurestransition periodstechnical assistance and capacity building
(TA/CB)“best endeavour”
“Horizontal proposals” (without direct link to any specific measures proposed)
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SDT Proposals Include:
1. Self-assessment of Needs2. Notification of exceptions-
what can or can’t implement at time of entry into force
3. Formation of capacity building plan
4. Transition period during which is TA provided
5. Capacity Verification6. Implementation
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SDT Proposals
1. Pre-Signature: o Self-assessment of Needs & Priorities 2. Post-Signature:• Schedules of Commitments:
– Implement immediately– Implement after transitional period– Implement after TACB
• Formation of capacity building plan• Capacity Verification• Implementation
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Negotiation Mandate-
• Clarify and improve GATT Articles V, VIII, X
• SDT - Longer transition periods
• Identify needs and priorities
• Technical Assistance & support
WT/L/579 WT/L/579 Annex DAnnex DJuly PackageJuly Package
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Needs and priorities
As an integral part of the negotiations, Members shall seek to:– Identify trade facilitation needs and
priorities, especially developing countries and LDCs
– Address concerns related to cost implications of proposed measures
The Negotiating Mandate:
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Negotiation Mandate-
• Clarify and improve GATT Articles V, VIII, X
• SDT - Longer transition periods
• Identify needs and priorities
• Technical Assistance & support
WT/L/579 WT/L/579 Annex DAnnex DJuly PackageJuly Package
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Mandate
Phase 1- TA during the negotiations
Phase 2- TA after the negotiations for implementation
NOTE: Support for infrastructure not open-ended. If not forthcoming no implementation required
Annex D OrganizationsIMF, OECD, UNCTAD, World Bank,
WCO
TA:TA:
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www.wto.org
Trade Facilitation
Trade Facilitation Technical Assistance And Capacity Building
Multimedia presentation
Trade facilitation document code: Trade facilitation document code: TN/TFTN/TF
WebPages:WebPages:
For more information:For more information:
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WTO TRADE FACILITATION
Thank youThank you