Trade Facilitation
Nisha Taneja
Plan of the Presentation
• Key recommendations based on proposals
made by Members following the Doha
mandate
• Key features of the July Package
• Implications for India
Summary of Proposals and
Recommendations: Article X
Proposal Recommendation
1. Advance Rulings Scope of existing regime
limited/Accept
2. Use of Electronic media In existence/Accept
3. Enquiry points Accept
4. Consultative mechanism Already recommended/Accept
5. Appeal Existing in Customs/Accept for
DGFT
Summary of Proposals and
Recommendations: Article VIII
Proposal Recommendation
1. Levy of fees and charges Proposal envisages codification
of existing
interpretation/Accept
2. Injecting GATT Principles -
Non-discrimination, transparency and predictability Accept
Least trade restrictiveness Accept
3. Provisions to reduce documentation procedures -
Single administrative data set Accept on best endeavour basis
One time presentation to single agency Accept on best endeavour basis
Adoption of a uniform domestic customs code Existing
Risk assessment methods Accept on best endeavour basis
Automation Accept on best endeavour basis
4. Standard processing times Accept on best endeavour basis
Summary of Proposals : Article V
Proposal Comment
Simplification of procedures Accept on best endeavour
basis
Additional inspection for sensitive items Accept
Additional inspection for goods requiring trans- Accept
shipment
Publication of list of sensitive items Accept
Regional transit arrangements In existence with Nepal/
Accept for other countries
International standards Accept on best endeavour
basis
The Singapore Issues
• In the July package it was decided to drop
the other three Singapore issues and start
negotiation for an Agreement in Trade
Facilitation. The modalities were given in
Annex D of the July package
Annex D
Para 1
Negotiations shall aim to clarify and improve
relevant aspects of Articles V, VIII and X.
Negotiations shall also aim at enhancing technical
assistance and support for capacity building.
The negotiations should take into account effective
cooperation between customs and any other
appropriate authorities.
Para 2
The negotiations shall take fully into account the principle of
special and differential treatment.
Members recognize that this principle should extend beyond
the granting of traditional transition periods.
In particular, the extent and the timing of entering into
commitments shall be related to the implementation
capacities of developing and least-developed Members and
these Members would not be obliged to undertake
investments in infrastructure projects beyond their means.
Para 3
• Least-developed country Members will only
be required to undertake commitments to
the extent consistent with their individual
development and capabilities
Para 4
• Members shall seek to identify their trade
facilitation needs and priorities, particularly
those of developing and least-developed
countries, and shall also address the
concerns of developing and least-developed
countries related to cost implications of
proposed measures.
Paras 5 and 6
• The modalities recognize that the provision of
technical assistance and support for capacity
building is vital for developing and least-
developed countries to enable them benefit
from the negotiations. Members, in particular
developed countries, therefore commit
themselves to adequately ensure support and
assistance for capacity building and
implementation of commitments resulting
from the negotiations
Key Concern
• The Agreement on modalities makes no
reference to the applicability or otherwise of
WTOs Dispute Settlement Procedure
Other Concerns
• What if the Negotiating Group on TF takes
as long as the Negotiating Group on ROO
which has not reached a consensus in 10
long years?
• India will still have to continue with its TF
efforts because even though it is important
to reduce transaction costs what will
determine a country’s competitiveness is the
speed at which transaction costs are reduced
compared to other countries (assuming that
other things are equal)
Thank You!