Technical Assistance Report Project Number: 41043 August 2007 Support for Customs, Immigration, Quarantine, and Security Harmonization in the Brunei Darussalam, Indonesia, Malaysia, Philippines East ASEAN Growth Area (Financed by the Cooperation Fund for Regional Trade and Financial Security Initiative) The views expressed herein are those of the consultant and do not necessarily represent those of ADB’s members, Board of Directors, Management, or staff, and may be preliminary in nature. ABBREVIATIONS ADB – Asian Development Bank BIMP-EAGA – Brunei Darussalam, Indonesia, Malaysia, Philippines East ASEAN Growth Area ASEAN – Association of Southeast Asian Nations CIQS – customs, immigration, quarantine and security GMS – Greater Mekong Subregion ICAO – International Civil Aviation Organization IMO – International Maritime Organization RETA – Regional Technical Assistance RRP – rules, regulations and procedures SOM – senior officials’ meeting TA – technical assistance UNCTAD – United Nations Conference on Trade and Development WCO – World Customs Organization WHO – World Health Organization WTO – World Trade Organization TECHNICAL ASSISTANCE CLASSIFICATION Targeting Classification – General intervention Sector – Industry and trade Subsector – Trade Theme – Regional cooperation Subtheme – Economic growth NOTE In this report, "$" refers to US dollars. Vice President C. Lawrence Greenwood, Jr., Operations Group 2 Director General A. Thapan, Southeast Asia Department (SERD) Director D. Green, OIC, Regional Cooperation and Country Coordination, SERD Team leader T. Tamaki, Principal Country Economist, SERD Team member J. M. Ferreira, Principal Regional Cooperation Specialist, SERD I. INTRODUCTION 1. The Brunei Darussalam, Indonesia, Malaysia, Philippines East ASEAN Growth Area (BIMP-EAGA) 1 was launched in 1994 as a key strategy of the participating governments to accelerate economic growth in their less developed and more remote territories. Following significant early gains, cooperation initiatives in EAGA weakened in the 1997–2001 period as a result of a series of economic reverses set off by the Asian financial crisis. As growth returned to the region, regional leaders meeting at the 7th ASEAN Summit in Brunei Darussalam in November 2001 reaffirmed their commitment to revitalize BIMP-EAGA. At the same meeting, Asian Development Bank (ADB) was appointed EAGA‘s Regional Development Advisor. ADB has since played a supportive role in reviving, revitalizing and repositioning EAGA in the context of an evolving regional and global economic landscape. 2. The major thrusts of the BIMP-EAGA cooperation initiative have been to promote trade, investment and tourism. The importance of trade facilitation in accelerating economic growth and in sustaining poverty reduction in the subregion was recognized from the beginning by local business communities and participating governments. Trade facilitation issues identified revolved around non-physical barriers to the efficient movement of people and goods, including processing and documentation of transactions generally classified under four interrelated areas: customs, immigration, quarantine and security (CIQS).2 In 2002, EAGA initiated cooperation in trade facilitation by creating the CIQS Task Force. At the request of the Philippines, the designated lead country for the CIQS harmonization efforts, ADB conducted a study of the CIQS environment in EAGA. The study identified major issues and potential constraints on harmonization of CIQS rules, regulations and procedures (RRP) in EAGA. The study proposed measures to hasten the harmonization process using international and regional conventions and protocols as benchmarks. As a result, bilateral meetings were held between 2003 and 2005 to discuss specific harmonization issues relating to existing port-to-port arrangements, including sea and airports. At the second EAGA Summit held in Kuala Lumpur in December 2005, the participating countries’ leaders agreed to strengthen cooperation and carry out necessary policy and regulatory reforms to improve the CIQS and trade facilitation environment, in addition to stepping up the delivery of related infrastructure. As Regional Development Advisor, a key task for ADB is to facilitate the cross-border harmonization process. The regional technical assistance (RETA), 3 which was formally endorsed by the CIQS Task Force at a meeting in Brunei Darussalam on 19-20 April 2007, will provide the means to help EAGA member countries expedite the formulation and implementation of agreements to streamline and eventually harmonize CIQS RRP. See Appendix 1 for the TA framework. II. ISSUES 3. The BIMP-EAGA focal areas are physically closer to each other than to the capitals and economic centers of their respective countries. EAGA’s geography provides different areas in the subregion with opportunities to trade with one another or directly with the rest of the world. However, weak subregional inter-modal transport systems and cumbersome cross-border procedures have stunted trade and tourism. Various measures have been or are being undertaken to improve infrastructure, and modest progress has been achieved in creating more extensive transportation links across the subregion. However, increasing connectivity within 1 BIMP-EAGA is also referred to as EAGA. EAGA covers all of Brunei Darussalam; Indonesia’s Sulawesi, Kalimantan, Maluku and Irian Jaya provinces; Malaysia’s federal states of Sabah and Sarawak and federal territory of Labuan; and Mindanao and Palawan islands in the Philippines. EAGA has an estimated population of 55 million. 2 The Asian Development Outlook 2006 identified four sets of issues critical for development. One was security, including the need to facilitate the efficient and safe transit of commodities across borders. 3 The TA first appeared in ADB Business Opportunities on 17 March 2007. 2 EAGA and a growing recognition of the complementarities in subregional trade and travel mean stronger measures are now required to expedite cooperation in harmonizing CIQS RRP. 4. CIQS harmonization in EAGA is a complex and labor-intensive process because of the many national and local government agencies as well as private sector organizations across the four countries, and also because the initiative is being carried out at the subregional and subnational levels. To be effective, it will require an integrated response from the various CIQS agencies and extensive consultations with private sector stakeholders. Information exchange and coordination are critical. An important first step toward harmonization is to establish a platform for the regular and timely exchange of information and sharing of experience among CIQS agencies at the national and subregional levels. It is envisoned that the CIQS Task Force will be the institutional mechanism for this coordination and information exchange. Although created in 2002, the task force was only formally constituted in 2006 after a series of bilateral and multilateral discussions about harmonization. The need to strengthen the task force’s role and capacity as a consultative forum and catalyst for CIQS harmonization is widely recognized, especially by the private sector. Subregional harmonization efforts need the support of a strong and functional country-level coordination mechanism that involves CIQS representatives at the national and provincial levels as well as at border crossings and ports. 5. The CIQS environment in EAGA is influenced by the degree to which commitments have been made by individual member governments to various international agreements, conventions, protocols and treaties. Studies, including the ADB assessment, show that BIMP- EAGA countries have different levels and modes of compliance with such agreements, resulting in varying CIQS regimes and documentation requirements. A subregional economic cooperation initiative that aims to increase the movement of people, goods and services requires harmonizing the differing CIQS RRP. Recognizing that not all RRP can be fully harmonized because of differences in national policies (for example, to protect employment, national security and public morals), the EAGA countries have agreed to adopt more flexible measures and a phased approach to harmonizing technical regulations and standards as well as CIQS processes. 6. An important aspect of progress toward harmonization will involve improving transparency, consistency and predictability in cross-border CIQS procedures and practices. These have long been recognized by the private sector as problems. These problems are exacerbated by a lack of awareness and understanding of RRP even among CIQS agencies. Earlier proposals to compile and widely circulate the CIQS RRP of the member countries need to be revived and implemented. As a start, CIQS procedures and documentary requirements at selected priority ports and border crossings will be mapped to identify the major differences in practices and formalities to enable the CIQS Task Force to discuss the issues and formulate strategies and action plans to address them. 7. Recent developments also indicate an increased awareness and greater willingness among EAGA countries and concerned agencies to implement regulatory and procedural reforms. For instance, leaders attending the third EAGA Summit in Cebu City, Philippines, on 12 January 2007 (in conjunction with the ASEAN Summit) agreed to use BIMP-EAGA as a test case for the implementation of ASEAN agreements on transport and trade facilitation. However, to ensure the sustainability and acceptability of this approach, the first measures and steps to be undertaken should involve low-level technology with low or no innovation cost. These measures should be easy to implement and result in immediate benefits. Some of the measures being discussed include conducting joint customs inspections and setting up one-stop documentation processing facilities at selected border crossings. ADB can support this by sharing experience gained and best practices developed from implementing transport and trade 3 facilitation measures in other subregional cooperation schemes, such as the cross-border transport agreement in the Greater Mekong Subregion (GMS). 8. Representatives from EAGA CIQS agencies, as well as development partners who participated in a CIQS needs assessment workshop in Manila in August 2006,4 all agree that investing in human capital through continuing training and capacity building is a critical component for any successful trade facilitation initiative. A lack of technical capacity, especially among CIQS agencies at the subregional level, as well as limited enforcement of regulations constrain the implementation of trade facilitation measures and other trade-related reforms. International organizations 5 with trade-related training capabilities and bilateral partners (for example, German development assistance through GTZ and AusAID) with a presence in the subregion will be asked to assess training needs and participate in building the capacity of CIQS agencies. Regional training institutions will likewise be involved to provide a more regional perspective to capacity building and training programs. III. THE TECHNICAL ASSISTANCE A. Impact and Outcome 9. Overall, the TA is expected to enhance the integration of EAGA economies by strengthening CIQS operations. This will be done by supporting cooperation in security and facilitating trade and the movement of people and goods across borders. This is expected to lead to the expansion of intra-industry and intra-firm economic links, in turn quickening regional growth and development. The TA aims to assist the EAGA countries to (i) strengthen the role of the CIQS Task Force as a catalyst for the CIQS harmonization process, (ii) establish or enhance national institutional mechanisms to coordinate effectively the CIQS harmonization initiatives, (iii) formulate strategies and implement action plans to streamline, simplify and harmonize CIQS processes and formalities at ports of entry and border crossings, and (iv) build the capacity of CIQS focal points in the subregion. Specific outputs of the TA are outlined in Appendix 1. B. Methodology and Key Activities 10. Consistent with the decision of the concerned BIMP-EAGA member officials, the approach to harmonization will be phased. While reasonably comprehensive, the geographic scope of the assistance will be limited to priority ports and border crossings selected on the basis of the levels of movement of people and goods, to maximize the benefits of CIQS harmonization of processes and documents. The TA will have two components. The first is to strengthen subregional and national institutional structures and mechanisms for effective coordination and sustained implementation of the CIQS harmonization initiatives. The second and key component is process harmonization, which will address the complexity of institutional, administrative and regulatory issues. It will do this by undertaking phased activities that lead to implementation of flexible and mutually acceptable trade facilitation agreements involving selected ports and border crossings. The emphasis of the TA will be on the second component. Key TA activities aimed at strengthening subregional and national institutional structures and mechanisms include the following. The views expressed herein are those of the consultant and do not necessarily represent those of ADB’s members, Board of Directors, Management, or staff, and may be preliminary in nature. 4 The workshop was organized by ADB and GTZ. 5 International organizations include ASEAN, the International Civil Aviation Organization (ICAO), the International Maritime Organization (IMO), the United Nations Conference on Trade and Development (UNCTAD), the World Customs Organization (WCO), the World Health Organization (WHO) and the World Trade Organization (WTO). 4 1. Strengthening Subregional and National Institutional Structures and Mechanisms 11. Country level. The TA will assist in establishing and enhancing country-level and subregional institutional structures and mechanisms to coordinate the CIQS harmonization efforts effectively. At the country level, the TA will assist member countries to establish national CIQS councils or committees, which will be responsible to ensure consistent national commitment and responsiveness to the subregional CIQS harmonization initiatives and inclusion of the subregional CIQS harmonization programs in national development priorities. 12. Subregional level. The TA will help to strengthen the role of the EAGA CIQS Task Force by providing technical and logistics support to (i) conduct consultation and policy dialogue among CIQS agencies, between CIQS agencies and the private sector, and between the CIQS Task Force and the different clusters and working groups to identify concerns, issues and actions to facilitate harmonization; (ii) prepare an integrated response and/or subregional harmonization strategy and work programs; (iii) prepare, negotiate and implement agreements and protocols; and (iv) prepare and implement a results-oriented monitoring and evaluation system. The TA will also provide support for the development of networks, information systems and information dissemination to promote awareness and understanding of issues related to subregional economic integration. Support for high-level meetings of CIQS agencies will likewise be provided to ensure that quick decisions are made on the most pressing issues. 2. Support for the Harmonization Process 13. Process Mapping and Analysis of Current CIQS RRP. The TA provides for a comprehensive mapping and analysis of current CIQS processes and documentary requirements at major EAGA ports, including regular international ports of entry and designated EAGA ports of entry. This is aimed at (i) identifying differences and gaps in CIQS procedures and documents, (ii) facilitating the formulation of solutions to address the gaps, and (iii) building consensus among member countries on the required regulatory and procedural reforms to streamline, simplify and harmonize processes, formalities and documentary requirements. The TA will help to ensure that the proposed reforms are aligned with international conventions, protocols and best practices. ADB will draw lessons from experience gained in other subregional growth areas (for example, the GMS and the Indonesia, Malaysia, Thailand Growth Triangle) and other international organizations (e.g., the International Civil Aviation Organization (ICAO), the International Maritime Organization (IMO), the United Nations Conference on Trade and Development (UNCTAD), the World Customs Organization (WCO), the World Health Organization (WHO)) in trade facilitation. The TA will also assist in obtaining the endorsement of the EAGA Senior Officials’ Meeting (SOM) of the proposed strategies and work programs. 14. Formulate Agreements. Once consensus is reached on the nature and scope of reforms, the TA will provide technical and legal expertise for drafting, negotiating and signing the necessary legal documents, agreements and protocols to formalize arrangements on the agreed regulatory, enforcement and procedural reforms. During the process of preparing the documents, the ASEAN Secretariat’s assistance will be obtained to ensure that the reforms are compatible and consistent with or complementary to existing regional agreements on security, transport and trade facilitation. 15. Pilot Test Implementation of Agreements. The TA will support implementation of the agreements and provide further assistance to prepare time-bound memorandums of understanding and/or guidelines for implementation at each of the priority ports. The TA will also 5 provide assistance in (i) preparing implementation manuals and instructional media, (ii) monitoring the timely implementation of agreements, (iii) facilitating the resolution of potential bottlenecks in implementation and gaps in enforcement measures, (iv) fully documenting the experiences and lessons learned to facilitate possible replication in other EAGA ports, (iv) conducting comparative “before” and “after” studies on border-crossing clearance time and effectiveness of security and facilitation measures, and (v) continuing dialogues and consultations with port users, traders and local CIQS agencies to engage their support in the implementation and sustainability of the reforms. 16. Provide Demand-Driven Capacity Building Activities. The RETA will assist in the assessment and provision of on-site training needs to build the capacity of local CIQS agencies to sustain the implementation of streamlined, simplified and harmonized CIQS procedures and border-crossing formalities. The RETA will co-finance the preparation and implementation of training programs and capacity building activities with relevant international organizations (including ASEAN, ICAO, IMO, UNCTAD, WCO, WHO, and WTO) and other EAGA development partners. C. Cost and Financing 17. The total cost of the RETA is estimated at $600,000, to be financed on a grant basis by the Cooperation Fund for Regional Trade and Financial Security Initiative and administered by ADB. The cost estimates and financing plan are in Appendix 2. D. Implementation Arrangements 18. ADB will be the Executing Agency responsible for implementing and monitoring the TA. It will do this in close consultation with the CIQS Task Force, the BIMP-EAGA Facilitation Center and the national secretariats of the BIMP-EAGA member countries. 19. The TA will finance about 55 person-months of consultant services—35 international and 20 national. Consultants will also be engaged to conduct short-term studies. The consultants will be hired as individuals and engaged by ADB in accordance with its Guidelines on the Use of Consultants (2006, as amended from time to time). See Appendix 3 for the consultants’ outline terms of reference. ADB will be actively involved in implementing the TA, including the conduct of workshops facilitated by it. ADB staff will be used as resource persons when appropriate. 20. The TA will be implemented over 18 months from July 2007 to December 2008. IV. THE PRESIDENT'S DECISION 21. The President, acting under the authority delegated by the Board, has approved ADB administering the technical assistance not exceeding the equivalent of $600,000 to be financed on a grant basis by the Cooperation Fund for Regional Trade and Financial Security Initiative for the Support for Customs, Immigration, Quarantine, and Security Harmonization in the Brunei Darussalam, Indonesia, Malaysia, Philippines East ASEAN Growth Area, and hereby reports this action to the Board. The views expressed herein are those of the consultant and do not necessarily represent those of ADB’s members, Board of Directors, Management, or staff, and may be preliminary in nature. 6 Appendix 1 DESIGN AND MONITORING FRAMEWORK Design Performance Data Sources/Reporting Assumptions Summary Targets/Indicators Mechanisms and Risks Impact Assumptions Accelerated integration of • Increase in intra-regional • Progress reports to the • Continued political EAGA economies through trade and tourism by 5% SOM/MM/Leaders commitment of participating strengthened cooperation per annum Meeting by various governments to regional in security and trade • Development of trade working groups, BEBC, cooperation facilitation. hubs and consolidating BIMPFC • Regional economic stability ports for import/export • Statistical databases of and growth at least activities the member countries maintained • New private sector including of BIMP FC • Participating Governments investments in transport remain committed to services implementing the strategies and undertaking reforms • Resources must be adequately devoted to problems. Progress must be sustained. Risks • Complementary improvements in the regulatory environment may not be adequately forthcoming reducing the impact of CIQS reforms and measures • Slow development of transport connectivity within the subregion Outcome Assumptions • CIQS harmonization • Progress reports to the • Increased support from Movement of people, strategy and action plans SOM/MM by the CIQS other development partners goods and vehicles across completed Task Force and (WCO, IMO, WHO, borders facilitated by • Implementation of action relevant working ASEAN) obtained streamlining and plans initiated groups simplification of CIQS • ADB review missions Risks rules, regulations and • Feedback from private • Lack of capacity among procedures at selected sector through BEBC local CIQS agencies and/or priority ports and border border crossing facilities to crossings implemented. implement improved procedures Outputs Risks 1. Subregional and • Country CIQS focal • Progress reports to • Lack of continuity and national institutional points designated at both SOM/MM/Leaders appropriate levels of structures and local and national levels Meeting by the various country representation coordination mechanisms • Directory of contacts working groups and could unduly delay decision established compiled and BIMPFC making disseminated • Consultants’ reports • Mechanisms for national • Working Group and and subregional CIQS Task Force coordination among reports CIQS agencies operationalized including the creation of in-country CIQS advisory councils Risks 2. CIQS processes • Compilation of CIQS • Analytical studies used • Resources in the TA mapped, harmonization RRPs at least 80% as inputs, database insufficient to support the 7 Design Performance Data Sources/Reporting Assumptions Summary Targets/Indicators Mechanisms and Risks issues and priorities completed by end of TA developed for compilation, printing and identified, and strategy • Detailed mapping of monitoring indicators, dissemination of the CIQS developed to address CIQS processes in and consultant reports RRPs priority issues. priority international ports of entry completed • Relevant ASEAN trade and transport facilitation agreements for pilot- testing in EAGA identified • CIQS strategy and action plans finalized and endorsed by SOM/MM Risks 3. Subregional • Priority border crossings • Signed agreements • Resources in the TA agreements formulated identified and agreed • Reports of CIQS Task insufficient to support the and signed. upon by the four Force compilation, printing and countries • Progress Report to dissemination of the CIQS • Agreements and SOM/MM and Leaders RRPs protocols on uniform Summit by various CIQS procedures signed working groups • Consultants’ reports Risks 4. Pilot-testing of • Implementation of trade • Reports of CIQS Task • Lack of capacity among agreements initiated in and transport facilitation Force local CIQS agencies and/or selected land border agreements initiated in • Progress Report to border crossing facilities crossings, airports and selected border crossings SOM/MM and Leaders could delay implementation sea ports Summit by various of agreements working groups and by BIMP FC • Feedback from private sector through BEBC • Consultants’ reports Assumptions 5. Capacity and skills of • Training needs assessed • Assessment/feedback • Commitment from relevant CIQS staff to implement and capacity gaps of training participants development partners harmonized RRPs identified • Feedback from private obtained for the capacity upgraded. • Training program sector through BEBC building of the CIQS designed and • Reports of CIQS Task agencies implementation initiated Force Activities with Milestones Inputs 1.1 Develop directory of CIQS contact persons at the national, subregional, local and International Consultants: 35 port levels and publish on relevant BIMP-EAGA websites (e.g., BIMP FC website) person months (December 2007) Domestic consultants: 20 1.2 Assist CIQS Task Force in drafting the in-country and subregional level institutional person months and coordination mechanisms among national and local agencies. (December 2007) Financing for subregional The views expressed herein are those of the consultant and do not necessarily represent those of ADB’s 1.3 Assist CIQS Task Force and BIMP FC conduct extensive consultations with local workshops, conferences, and national CIQS agencies to build consensus staff, and may implement the members, Board of Directors, Management, orand agreement tobe preliminary in nature. consultations, and training institutional and coordination mechanisms, including the creation of in-country activities CIQS councils. (March 2008) 1.4 Provide technical and logistics support to the conduct of at least two regular meetings each of the CIQS Task Force in 2007/2008. 8 Activities with Milestones Inputs 2.1 Obtain agreement from the four countries on the priority border crossings to pilot- test the trade and transport facilitation agreements. (October 2007) 2.2 In collaboration with the ASEAN Secretariat and relevant regional working groups, identify relevant ASEAN agreements on security, trade and transport facilitation for pilot-testing in EAGA. (October 2007) 2.3 Compile CIQS RRPs and conduct detailed mapping of CIQS processes implemented including documents used at priority international ports of entry (seaports, airports, and land border crossings) in EAGA. (December 2007) 2.4 Identify differences in CIQS processes and formulate strategies and action plans to harmonize and/or standardize procedures and documents. (December 2007) 2.5 Obtain endorsement from the SOMM of the strategy and implementation system. (March 2008) 3.1 Draft and negotiate appropriate security, trade and transport facilitation agreements and protocols. (April-July 2008) 3.2 Engage short-term CIQS experts to provide technical assistance and guidance on the preparation of agreements that comply with regional and international conventions and protocols. (April-July 2008) 3.3 Consult with relevant CIQS agencies at the national, local and port levels. (April- July 2008) 3.4 Sign bilateral and/or multilateral trade and transport facilitation agreements. (June- August 2008) 4.1 Pilot-test implementation of agreements in selected priority partner ports. (July- December 2008) 4.2 Seek the assistance of relevant international organizations in the implementation of the agreements, e.g., enforcement. (June-December 2008) 4.3 Engage short-term experts to provide technical assistance and guidance on specific issues arising from the implementation of the agreements. (July-December 2008) 5.1 Conduct training needs assessment. (July-August 2008) 5.2 Identify capacity and skills gaps and design training program. (July-August 2008) 5.3 Conduct coordination meetings and explore areas of coordination and complementarities with other development partners on matters relating to the provision/delivery of training activities (e.g., WCO, WHO, IMO, ICAO). (Throughout the TA life) 5.4 Implement training programs. (September-December 2008) ADB = Asian Development Bank, BIMP-EAGA = Brunei Darussalam, Indonesia, Malaysia, Philippines East ASEAN Growth Area, CIQS = Customs, Immigration, Quarantine, and Security, AFTA = ASEAN Free Trade Area, APEC = Asia Pacific Economic Cooperation, WTO = World Trade Organization, WCO = World Customs Organization, WHO = World Health Organization, IMO = International Maritime Organization, ICAO = International Civil Aviation Organization, RRP = Rules, Regulations, and Procedures, CSP = country strategy and program, RCSP = regional cooperation strategy and program, TA = technical assistance. Cleared by: _____________________ ___________________ Kuniki Nakamori Arjun A. Thapan Officer-In-Charge Director General Country Coordination and Southeast Asia Department Regional Cooperation Division Appendix 2 9 COST ESTIMATES AND FINANCING PLAN ($'000) Total Item Cost A. Cooperation Fund for Regional Trade and Financial Security Initiative a 1. Consultants a. Remuneration and Per Diem i. International Consultants 270.0 ii. National Consultants 80.0 b. International and Local Travel 70.0 2. Training, Meetings, Seminars, and 100.0 Conferences 3. Miscellaneous Administration and Support Costs including Communications, Reports and Information Materials 20.0 4. Equipment b 10.0 5. Contingencies 50.0 Total 600.0 a Administered by the Asian Development Bank (ADB). b In the form of basic office equipment (for example, computers and printers), procured in accordance with ADB's Procurement Guidelines (2006, as amended from time to time). The equipment will be turned over to the Customs, Immigration, Quarantine, and Security Task Force and/or another appropriate Brunei Darussalam, Indonesia, Malaysia, Philippines-East ASEAN Growth Area subregional organization or, if used at ADB, will be turned over to ADB as ADB property upon completion of the Technical Assistance report. Source: ADB estimates. The views expressed herein are those of the consultant and do not necessarily represent those of ADB’s members, Board of Directors, Management, or staff, and may be preliminary in nature. 10 Appendix 3 OUTLINE TERMS OF REFERENCE FOR CONSULTANTS 1. A team of individual consultants will be engaged to provide advice and technical assistance. A total of 55 person-months of consulting services (35 person-months of international consultants’ inputs and 20 person-months of national consultants’ inputs) is required. The indicative person-month allocations and outline terms of reference follow. A. Trade Facilitation Expert and Team Leader (international, intermittent, 15 person-months) 2. As team leader, the expert will be responsible for the following. (i) Coordinating the activities of the team and assuring the quality and timeliness of project deliverables. (ii) Coordinating and preparing reports (i.e., inception, midterm and final reports, and various sector reports as needed) to be submitted to ADB and the Customs, Immigration, Quarantine, and Security (CIQS) Task Force. (iii) Organizing various training and capacity building activities. 3. As trade facilitation expert, he or she is expected to have extensive knowledge and experience in trade facilitation issues, particularly related to areas such as transport logistics, customs, immigration, quarantine, and trade and port security. Related work experience in an ASEAN context is highly advantageous. Specific responsibilities include the following. (i) Coordinate the mapping of CIQS processes and documentary requirements in ports as prioritized by East ASEAN Growth Area (EAGA); identify constraints in CIQS operations and enforcement, and recommend actions to alleviate them; review relevant studies, reports, minutes of meetings and other documents on transport and trade facilitation in EAGA; analyze in detail issues pertaining to people and goods mobility in the subregion; identify immediate opportunities to improve trade facilitation; and recommend for the consideration of the EAGA countries practical trade facilitation and logistics support projects to improve and facilitate the freer movement of people and goods across borders. (ii) Coordinate the assessment of the EAGA member countries’ national and local-level institutional structures and coordination mechanisms among CIQS agencies; provide inputs to the CIQS Task Force to develop acceptable mechanisms to enhance coordination and the exchange of information between national and local-level CIQS agencies, between countries in the subregion and between CIQS agencies and EAGA business communities. The consultant will likewise evaluate the proposal to set up national CIQS councils or committees for the purpose of improving coordination and provide inputs to facilitate decisions by the CIQS Task Force on whether to pursue this initiative. Appendix 3 11 (iii) Assist in strengthening the role of the CIQS Task Force as a consultative forum and catalyst for the harmonization process by establishing mechanisms for regular participatory consultations and dialogues with EAGA stakeholders. Provide advice on institutionalizing the active and effective participation of private sector trade groups and associations as well as local governments in the identification of issues and solutions related to transport and trade facilitation in EAGA. (iv) Provide inputs to the preparation of a transport and trade facilitation strategy and its corresponding results-oriented action plans and monitoring framework. (v) In consultation with the CIQS Task Force, explore options and institutional arrangements for working more closely with international organizations and bilateral development partners such as the ASEAN Secretariat, World Trade Organization (WTO), World Customs Organization (WCO), World Health Organization (WHO), International Civil Aviation Organization (ICAO) and International Maritime Organization (IMO), among others. (vi) Assist in preparation of resource papers for subregional meetings, conferences, workshops and seminars and participate in consultations and monitoring missions to the subregions. (vii) Support the conduct of problem-specific and issues-focused transport and trade facilitation studies for the subregion and participate in ADB missions as required. B. Resource Persons and Experts (4 international, 20 person-months combined) 4. Resource persons in the areas of customs, immigration, quarantine and security will be engaged, as needed, to undertake the following. (i) Prepare quick, pragmatic and results-focused studies to address emerging CIQS and enforcement issues and problems, in consultation with countries or raised by them during regional technical assistance implementation. (ii) Prepare recommended actions to address the issues and problems quickly and practically. (iii) Facilitate discussion, endorsement and adoption of the studies’ results and recommendations by the countries. (iv) Document and synthesize findings for useful and easy reference. National Consultants (4 national, 20 person-months necessarily C. views expressed herein are those of the consultant and do notcombined) represent those of ADB’s The members, Board of Directors, Management, or staff, and may be preliminary in nature. 5. National consultants will be engaged to undertake the following. 12 Appendix 3 (i) Review the compliance of their country with key international standards and conventions on customs, immigration, quarantine and security (for example, the revised Kyoto Convention 2000); relevant ASEAN agreements on harmonized tariff nomenclature, customs harmonization, goods-in-transit and trade facilitation; and standards and conventions relating to the WCO, WTO, WHO, and ICAO. (ii) Map CIQS processes, including enforcement measures, and documentary requirements in pre-selected priority ports in EAGA and assist the Team Leader in identifying immediate and specific measures to improve the harmonization, streamlining and standardization of CIQS procedures and related trade facilitation measures at these ports. (iii) Assist the CIQS Task Force and the team leader to conduct consultations and dialogues with local governments and local private sectors on transport and trade facilitation and encourage their active and effective support to identify and implement CIQS measures to enhance people and goods mobility across borders. (iv) Liaise with CIQS agencies in their respective countries on RETA activities; assist the team leader and RETA consultants with field visits, including arranging meetings with relevant agencies and stakeholders; assist the consultants in arranging for training, workshops and conferences; and serve as resource persons for meetings, training and conferences. (v) Participate in ADB missions, as needed.
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