RESTRICTED  
  
WT/PCTF/W/9  
 
11 April 2014  
(14-2259)  Page: 1/57  
Preparatory Committee on Trade Facilitation  Original: English  
 
COMMENTS ON THE TEXT OF THE TRADE FACILITATION AGREEMENT 
COMMUNICATION FROM SOUTH AFRICA 
 
 The following communication dated 7 April 2014 is  being circulated at the request of South 
Africa for consideration by the Preparatory Committee on Trade Facilitation.  
 
_______________ 
  
EXPLANATORY NOTES: TRADE FACILI TATION LEGAL REVIEW PROCESS 
DRAFTING PRINCIPLES 1.  Accept grammatical changes but will not accept any substantial changes suggested by 
other Member States. 
 2. Recommend that the same style is used when listing "subparagraphs". In the text 
sometimes letters i.e. (a, b, c) and sometime s "little roman numerals" are used for listing. 
This must be rectified throughout the text. 
 3. Support the uniform usage of terms throughout the text; this applies to "Each Member" 
and not "a Member", "Members" or "Member States". 
 4. A uniform usage of hyphen is recommended, in line with other WTO Agreements. 
 
5. Support the drafting usage guide as submitted by Canada.  
6.  All the changes proposed in the TF text must also be consistent with the GATT. 
 
NOTES 
7. South Africa accepts most of the grammatical and formatting changes suggested by the EU 
(their changes were the most comprehensive) Mexico and India. 
 
8. Consistency in the usage of the wording of "a pplication" as indicated by India dated 1 April 
2014. 
 9. Use the word ‘domestic law’ as opposed to ‘national law’ everywhere in the text except in 
certain specified instances e.g. Article 11.3 on transit where we prefer ‘national’ in 
reference to the Transit Coordinator. 
 
10. South Africa prefers the use of the word "stakeholder" in Article 2.2 of the text. 
 11. Accept the following changes that we descr i b e  a s  " s t r u c t u r a l "  a s  p r o p o s e d  b y  E U  o n  
27 February 2014 and India as follows: 
 
 WT/PCTF/W/9 
 
- 2 - 
 
  a. Section I and II to become Part 1 and Part 2. 
 
b. "Final Provisions" should become "Part 3" and Article 13 should be moved to the Final 
Provisions. 
 
c. Accept the renaming of the current articles to sections and the paragraphs to articles 
as proposed. 
 
d. There is a problem with the designation of th e structural subdivision of the legal text. 
We support the EU renumbering proposal (14 March 2014) i.e.  Part I, Section 1, Article 1, Paragraph 1, subparagraph(a). 
 
  
  WT/PCTF/W/9  
 
- 3 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
The Ministerial Conference, 
Having regard to paragraph 1 of Article IX of the 
Marrakesh Agreement Establishing the World Trade 
Organization (the "WTO Agreement"); Decides as follows:  
1. We hereby conclude the negotiation of an 
Agreement on Trade Facilitation (the "Agreement"), which is annexed hereto, subject to legal review for 
rectifications of a purely formal character that do 
not affect the substance of the Agreement.  
2. We hereby establish a Preparatory 
Committee on Trade Facilitation (the "Preparatory Committee") under the General Council, open to all Members, to perform such functions as may be 
necessary to ensure the expeditious entry into 
force of the Agreement and to prepare for the efficient operation of the Agreement upon its entry 
into force. In particular, the Preparatory Committee 
shall conduct the legal review of the Agreement referred to in paragraph 1 above, receive 
notifications of Category A commitments, and draw 
up a Protocol of Amendment (the "Protocol") to insert the Agreement into Annex 1A of the WTO Agreement. 
3. The General Council shall meet no later than 
31 July 2014 to annex to the Agreement notifications of Category A commitments, to adopt 
the Protocol drawn up by the Preparatory 
Committee, and to open the Protocol for acceptance until 31 July 2015. The Protocol shall 
enter into force in accordance with Article X:3 of 
the WTO Agreement. AGREEMENT ON TRADE FACILITATION 
MINISTERIAL DECISION OF 7 DECEMBER 2013 
 
The Ministerial Conference, Having regard to paragraph 1 of Article IX of the Marrakesh Agreement Establishing the World Trade 
Organization (the "WTO Agreement"); 
Decides as follows: 1. We hereby conclude the negotiation of an 
Agreement on Trade Facilitation (the "Agreement"), 
which is annexed hereto, subject to legal review for rectifications of a purely formal character that do 
not affect the substance of the Agreement. 
2. We hereby establish a Preparatory Committee on Trade Facilitation (the "Preparatory Committee") under the General Council, open to all 
Members, to perform such functions as may be 
necessary to ensure the expeditious entry into force of the Agreement and to prepare for the 
efficient operation of the Agreement upon its entry 
into force. In particular, the Preparatory Committee shall conduct the legal review of the Agreement 
referred to in paragraph 1, receive notifications of 
Category A commitments, and draw up a Protocol of Amendment (the "Protocol") to insert the Agreement into Annex 1A of the WTO Agreement. 
3. The General Council shall meet no later than 
31 July 2014 to annex to the Agreement notifications of Category A commitments, to adopt 
the Protocol drawn up by the Preparatory 
Committee, and to open the Protocol for acceptance until 31 July 2015. The Protocol shall 
enter into force in accordance with Article X: 3 of 
the WTO Agreement.  
Preamble 
Members, 
Having regard to the Doha Round of Multilateral Trade Negotiations; 
Recalling and reaffirming the mandate and 
principles contained in paragraph 27 of the Doha ANNEX 
AGREEMENT ON TRADE FACILITATION 
Preamble Members, 
Having regard to the Doha Round of Multilateral 
Trade Negotiations;   
  WT/PCTF/W/9  
 
- 4 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
Ministerial Declaration and in Annex D of the 
Decision of the Doha Work Programme adopted by 
the General Council on 1 August 2004, as well as in 
paragraph 33 of and Annex E of to the Hong Kong Ministerial Declaration; Desiring to clarify and improve relevant aspects of 
Articles V, VIII and X of the GATT 1994 with a view 
to further expediting the movement, release and clearance of goods, including goods in transit; 
Recognizing the particular needs of developing and 
especially least-developed country Members and desiring to enhance assistance and support for 
capacity building in this area; 
Recognizing the need for effective cooperation among Members on trade facilitation and customs compliance issues: 
Hereby agree as follows: Recalling and reaffirming the mandate and 
principles contained in paragraph 27 of the Doha 
Ministerial Declaration and in Annex D of the 
Decision of the Doha Work Programme adopted by the General Council on 1 August 2004, as well as in paragraph 33 of and Annex E of to the Hong Kong 
Ministerial Declaration; 
Desiring to clarify and improve relevant aspects of Articles V, VIII and X of the GATT 1994 with a view 
to further expediting the movement, release and 
clearance of goods, including goods in transit; Recognizing the particular needs of developing and 
especially least-developed country Members and 
desiring to enhance assistance and support for capacity building in this area; Recognizing the need for effective cooperation 
among Members on trade facilitation and customs 
compliance issues: Hereby agree as follows: 
SECTION I  
ARTICLE 1: PUBLICATION AND AVAILABILITY 
OF INFORMATION 1  PUBLICATION 1.1.  Each Member shall promptly publish the 
following information in a non-discriminatory and 
easily accessible manner in order to enable governments, traders and other interested parties 
to become acquainted with them: 
a. Importation, exportation and transit procedures (including port, airport, and other entry 
point procedures) and required forms and 
documents; b. Applied rates of duties and taxes of any kind imposed on or in connection with importation or 
exportation; 
c. Fees and charges imposed by or for governmental agencies on or in connection with 
importation, exportation or transit; 
d. Rules for the classification or valuation of PART  I 
SECTION 1: PUBLICATION AND AVAILABILITY 
OF INFORMATION  
Article 1 Publication 1. Each Member shall promptly publish the following information in a non-discriminatory and 
easily accessible manner in order to enable 
governments, traders and other interested parties to become acquainted with them: 
(a) importation, exportation and transit procedures 
(including port, airport, and other entry-point procedures) and required forms and documents; 
(b) applied rates of duties and taxes of any kind 
imposed on or in connection with importation or exportation; (c) fees and charges imposed by or for 
governmental agencies on or in connection with 
importation, exportation or transit; (d) rules for the classification or valuation of 
products for customs purposes; 
(e) laws, regulations and administrative rulings of   
  WT/PCTF/W/9  
 
- 5 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
products for customs purposes; 
e. Laws, regulations and administrative rulings 
of general application relating to rules of origin; 
f. Import, export or transit restrictions or prohibitions; g. Penalty provisions against breaches of 
import, export or transit formalities; 
h. Appeal procedures; i. Agreements or parts thereof with any 
country or countries relating to importation, 
exportation or transit; j. Procedures relating to the administration of 
tariff quotas. general application relating to rules of origin; 
(f) import, export or transit restrictions or 
prohibitions; 
(g) penalty provisions against breaches of import, export or transit  formalities; (h) appeal procedures; 
(i) agreements or parts thereof with any country 
relating to importation, exportation or transit; (j) procedures relating to the administration of 
tariff quotas. 
2.4. Nothing in these provisions shall be construed 
as requiring the publication or provision of 
information other than in the language of the 
Member except as stated in paragraph 2.2. 2. Nothing in these provisions shall be construed as 
requiring the publication or provision of information 
other than in the language of the Member except 
as stated in paragraph 2 of Article.  
2  Information Available Through Internet 
 1. Each Member shall make available, and update 
to the extent possible and as appropriate, the 
following through the internet: a. A description  of its importation, exportation 
and transit procedures, including appeal 
procedures, that informs governments, traders and other interested parties of the practical steps needed to import and export, and for transit; 
b. The forms and documents required for 
importation into, exportation from, or transit through the territory of that Member; 
c. Contact information on enquiry points. Article 2 
Information Available through Internet 1. Each Member shall make available, and update 
to the extent possible and as appropriate, the 
following through the internet: (a) A  description
1  of its importation, exportation 
and transit procedures, including appeal 
procedures, that informs governments, traders and other interested parties of the practical steps needed to import and export, and for transit; 
(b) The forms and documents required for 
importation into, exportation from, or transit through the territory of that Member; 
(c) Contact information on enquiry points. 
  
2.2 Whenever practicable, the description referred 
to in subparagraph 2.1 a. shall also be made available in one of the official languages of the WTO.  2. Whenever practicable, the description referred to 
in subparagraph 2.1 (a.) shall also be made available in one of the official languages of the WTO.  
2.3  Members are encouraged to make available 
further trade related information through the 3. Members are encouraged to make available 
further trade related information through the  
                                               
  
  WT/PCTF/W/9  
 
- 6 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
internet, including relevant trade-related legislation 
and other items referred to in paragraph 1.1. internet, including relevant trade-related legislation 
and other items referred to in paragraph 1 of 
Article 1. 
3   Enquiry Points 
 
3.1  Each Member shall, within its available 
resources, establish or maintain one or more enquiry points to answer reasonable enquiries of 
governments, traders and other interested parties 
on matters covered by paragraph 1.1 as well as to provide the required forms and documents referred 
to in subparagraph 1.1 a. Article 3 
Enquiry Points 
 
1. Each Member shall, within its available resources, establish or maintain one or more 
enquiry points to answer reasonable enquiries of 
governments, traders and other interested parties on matters covered by paragraph 1. of Article 1 as 
well as to provide the required forms and 
documents referred to in subparagraph 1.(a) of Article 1 a.  
3.2  Members of a customs union or involved in 
regional integration may establish or maintain common enquiry points at the regional level to 
satisfy the requirement of paragraph 3.1 for 
common procedures.  2. Members of a customs union or involved in 
regional integration may establish or maintain common enquiry points at the regional level to 
satisfy the requirement of paragraph 1 for common 
procedures.  
3.3 Members are encouraged not to require the 
payment of a fee for answering enquiries and providing required forms and documents. If any, 
Members shall limit the amount of its fees and 
charges to the approximate cost of services rendered. 3. Members are encouraged not to require the 
payment of a fee for answering enquiries and providing required forms and documents. If any, 
Members shall limit the amount of its fees and 
charges to the approximate cost of services rendered.  
3.4 The enquiry points shall answer enquiries and 
provide the forms and documents within a reasonable time period set by each Member, which 
may vary depending on the nature or complexity of 
the request. 4. The enquiry points shall answer enquiries and 
provide the forms and documents within a reasonable time period set by each Member, which 
may vary depending on the nature or complexity of 
the request.  
4  Notification 
4.1.  Each Member shall notify the Committee of: a. The official place(s) where the items in 
subparagraphs 1.1 a. to j. have been published; 
and b. The URLs of website(s) referred to in paragraph 2.1, as well as the contact information 
of the enquiry points referred to in paragraph 3.1. Article 4 
Notification Each Member shall notify the Committee on Trade 
Facilitation established under Article 49 (referred to 
in this Agreement as the "Committee") of: (a) The official place(s) where the items listed in subparagraphs 1 (a) through 1(j) of Article 1 have 
been published; and 
(b) The URLs of website(s) referred to in paragraph   
  WT/PCTF/W/9  
 
- 7 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
1 of Article 2, as well as the contact information of 
the enquiry points referred to in paragraph 1 of 
Article 3. 
ARTICLE 2: OPPORTUNITY TO COMMENT, 
INFORMATION BEFORE ENTRY INTO FORCE 
AND CONSULTATION 
1  Opportunity to Comment and Information before Entry into Force 
1.1. Each Member shall, to the extent practicable 
and in a manner consistent with its domestic law and legal system, provide opportunities and an 
appropriate time period to traders and other 
interested parties to comment on the proposed introduction or amendment of laws and regulations of general application related to the movement, 
release and clearance of goods, including goods in 
transit.  SECTION 2: OPPORTUNITY TO COMMENT, 
INFORMATION BEFORE ENTRY INTO FORCE 
AND CONSULTATION 
Article 5 Opportunity to Comment and Information 
before Entry into Force 
 1. Each Member shall, to the extent practicable and 
in a manner consistent with its domestic law and 
legal system, provide opportunities and an appropriate time period to traders and other interested parties to comment on the proposed 
introduction or amendment of laws and regulations 
of general application related to the movement, release and clearance of goods, including goods in 
transit.  
1.2. Each Member shall, to the extent practicable, 
and in a manner consistent with its domestic law 
and legal system, ensure that new or amended laws and regulations of general application related 
to the movement, release and clearance of goods, 
including goods in transit are published, or information on them made otherwise publicly available, as early as possible before their entry 
into force, in order to enable traders and other 
interested parties to become acquainted with them.
 2. Each Member shall, to the extent practicable, 
and in a manner consistent with its domestic law 
and legal system, ensure that new or amended laws and regulations of general application related 
to the movement, release and clearance of goods, 
including goods in transit are published, or information on them made otherwise publicly available, as early as possible before their entry 
into force, in order to enable traders and other 
interested parties to become acquainted with them.  
1.3. Changes to duty rates or tariff rates, as well as 
measures that have a relieving effect or whose effectiveness would be undermined by prior 
publication, measures applied in urgent 
circumstances, or minor changes to domestic law and legal system are excluded from paragraphs 1.1 and 1.2 above. 3. Changes to duty rates or tariff rates, as well as 
measures that have a relieving effect or whose effectiveness would be undermined by prior 
publication, measures applied in urgent 
circumstances, or minor changes to domestic law and legal system are excluded from paragraphs 1 and 2.   
  WT/PCTF/W/9  
 
- 8 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
2  Consultations 
Each Member shall, as appropriate, provide for 
regular consultations between border agencies and 
traders or other stakeholders  within its territory. 
 Article 6 
Consultations 
 
Each Member shall, as appropriate, provide for regular consultations between border agencies and traders or other stakeholders  within its territory. SA prefers 'stakeholders' and not ‘interested 
parties’ as per note 10. 
 
ARTICLE 3: ADVANCE RULINGS 
 
1. Each Member shall issue an advance ruling in a 
reasonable, time bound manner to an applicant that has submitted a written request containing all 
necessary information. If a Member declines to 
issue an advance ruling it shall promptly notify the applicant in writing, setting out the relevant facts and the basis for its decision.  SECTION 3: ADVANCE RULINGS 
Article 7 
1. Each Member shall issue an advance ruling in 
a reasonable, time bound manner to an applicant that has submitted a written request containing all 
necessary information. If a Member declines to 
issue an advance ruling it shall promptly notify the applicant in writing, setting out the relevant facts and the basis for its decision.  
2. A Member may decline to issue an advance 
ruling to an applicant where the question raised in 
the application: 
a. is already pending in the applicant's case before any governmental agency, appellate tribunal or 
court; or 
b. has already been decided by any appellate tribunal or court.  2. A Member may decline to issue an advance 
ruling to an applicant where the question raised in 
the application: 
(a) is already pending in the applicant's case before any governmental agency, appellate tribunal or 
court; or 
(b) has already been decided by any appellate tribunal or court.  
3. The advance ruling shall be valid for a 
reasonable period of time after its issuance unless the law, facts or circumstances supporting the 
original advance ruling have changed. 3. The advance ruling shall be valid for a 
reasonable period of time after its issuance unless the law, facts or circumstances supporting it [the 
original advance ruling ] have changed.  
4. Where the Member revokes, modifies or 
invalidates the advance ruling, it shall provide 
written notice to the applicant setting out the relevant relevant facts and the basis for its 
decision. Where a Member revokes, modifies or 
invalidates advance rulings with retroactive effect, it may only do so where the ruling was based on incomplete, incorrect, false or misleading 
information. 4. Where the Member revokes, modifies or 
invalidates the advance ruling, it shall provide 
written notice to the applicant setting out the relevant facts and the basis for its decision. Where 
a Member revokes, modifies or invalidates advance 
rulings with retroactive effect, it may only do so where the ruling was based on incomplete, incorrect, false or misleading information.  
5. An advance ruling issued by a Member shall be 
binding on that Member in respect of the applicant 
that sought it. The Member may provide that the 5. An advance ruling issued by a Member shall 
be binding on that Member in respect of the 
applicant that sought it. The Member may provide   
  WT/PCTF/W/9  
 
- 9 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
advance ruling be binding on the applicant. that the advance ruling be binding on the applicant.  
6. Each Member shall publish, at a minimum: 
a. the requirements for the application for an advance ruling, including the information to be provided and the format; 
b. the time period by which it will issue an advance 
ruling; and c. the length of time for which the advance ruling is 
valid. 6. Each Member shall publish, at a minimum: 
(a) the requirements for the application for an advance ruling, including the information to be provided and the format; 
(b) the time period by which it will issue an 
advance ruling; and (c) the length of time for which the advance ruling 
is valid.  
7. Each Member shall provide, upon written request 
of an applicant, a review of the advance ruling or 
the decision to revoke, modify or invalidate the advance ruling. 7. Each Member shall provide, upon written request 
of an applicant, a review of the advance ruling or 
the decision to revoke, modify or invalidate the advance ruling
2.  
8. Each Member shall endeavour to make publicly 
available any information on advance rulings which it considers to be of significant interest to other 
interested parties, taking into account the need to 
protect commercially confidential information. 8. Each Member shall endeavour to make publicly 
available any information on advance rulings which it considers to be of significant interest to other 
interested parties, taking into account the need to 
protect commercially confidential information.  
9. Definitions and scope: 
a. An advance ruling is a written decision provided by a Member to an applicant prior to the 
importation of a good covered by the application 
that sets forth the treatment that the Member shall provide to the good at the time of importation with regard to: 
i. the good's tariff classification, and 
ii. the origin of the good; Article 8 
Definitions and scope:  
1. An advance ruling is a written decision provided 
by a Member to an applicant prior to the importation of a good covered by the application that sets forth the treatment that the Member shall 
provide to the good at the time of importation with 
regard to: (a) the good's tariff classification, and 
(b) the origin of the good
3;  
b. In addition to the advance rulings defined in 
subparagraph 3.9 a., Members are encouraged to 
provide advance rulings on: i. the appropriate method or criteria, and the 
application thereof, to be used for determining the 
customs value under a particular set of facts; ii. the applicability of the Member's requirements for relief or exemption from customs duties; 2. In addition to the advance rulings defined in 
paragraph 1, Members are encouraged to provide 
advance rulings on: (a) the appropriate method or criteria, and the 
application thereof, to be used for determining the 
customs value under a particular set of facts; (b) the applicability of the Member's requirements for relief or exemption from customs duties;  
                                               
 
3   
  WT/PCTF/W/9  
 
- 10 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
iii. the application of the Member's requirements 
for quotas, including tariff quotas; and iv. any 
additional matters for which a Member considers it 
appropriate to issue an advance ruling. (c) the application of the Member's requirements 
for quotas, including tariff quotas; and 
(d) any additional matters for which a Member 
considers it appropriate to issue an advance ruling. 
c. An applicant is an exporter, importer or any 
person with a justifiable cause or a representative 
thereof. 3. An applicant is an exporter, importer or any 
person with a justifiable cause or a representative 
thereof.  
d. A Member may require that an applicant have 
legal representation or registration in its territory. To the extent possible, such requirements shall not 
restrict the categories of persons eligible to apply 
for advance rulings, with particular consideration for the specific needs of small and medium sized 
enterprises. These requirements shall be clear and 
transparent and not constitute a means of arbitrary or unjustifiable discrimination. 4. A Member may require that an applicant have 
legal representation or registration in its territory. To the extent possible, such requirements shall not 
restrict the categories of persons eligible to apply 
for advance rulings, with particular consideration for the specific needs of small and medium sized 
enterprises. These requirements shall be clear and 
transparent and not constitute a means of arbitrary or unjustifiable discrimination.  
ARTICLE 4: APPEAL OR REVIEW PROCEDURES 
1 Right to Appeal or Review 1.1. Each Member shall provide that any person to 
whom customs issues an administrative decision 
has the right, within its territory to: a. administrative appeal to or review by an 
administrative authority higher than or 
independent of the official or office that issued the decision; and/or b. judicial appeal or review of the decision. 
1.2. The legislation of each Member may require 
administrative appeal or review to be initiated prior to judicial appeal or review. 
1.3. Members shall ensure that their appeal or 
review procedures are carried out in a nondiscriminatory manner. 
 SECTION 4: APPEAL OR REVIEW PROCEDURES 
Article 9 Right to Appeal or Review 
 
1. Each Member shall provide that any person to whom customs issues an administrative decision 
 
has the right, within its territory, to: (a) an administrative appeal to or a review by an administrative authority higher than or independent of the official or office that issued the 
decision; 
and/or (b) a judicial appeal or a review of the decision. 
2. The legislation of each Member may require an 
administrative appeal or review to be initiated prior to a judicial appeal or review. 
3. Members shall ensure that their appeal or review 
procedures are carried out in a non- discriminatory manner.  
1.4. Each Member shall ensure that, in a case 
where the decision on appeal or review under subparagraph 1.1 a. is not given either i. within set 
periods as specified in its laws or regulations or ii. 4. Each Member shall ensure that, in a case where 
the decision on appeal or review under subparagraph 1 (a) is not given either within set 
periods as specified in its laws or regulations or   
  WT/PCTF/W/9  
 
- 11 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
without undue delay, the petitioner has the right to 
either further appeal to or further review by the 
administrative authority or the judicial authority or 
any other recourse to the judicial authority.  without undue delay, the petitioner has the right to 
either further appeal to or further review by the 
administrative authority or the judicial authority or 
any other recourse to the judicial authority. 
1.5. Each Member shall ensure that the person 
referred to in paragraph 1.1 is provided with the 
reasons for the administrative decision so as to enable such a person to have recourse to appeal or 
review procedures where necessary. 5. Each Member shall ensure that the person 
referred to in paragraph 1 is provided with the 
reasons for the administrative decision so as to enable such a person to have recourse to appeal or 
review procedures where necessary.  
1.6. Each Member is encouraged to make the 
provisions of this Article applicable to an 
administrative decision issued by a relevant border agency other than customs. 6. Each Member is encouraged to make this Article 
applicable to an administrative decision issued by a 
relevant border agency other than customs.  
ARTICLE 5: OTHER MEASURES TO ENHANCE 
IMPARTIALITY, NON-DISCRIMINATION AND TRANSPARENCY  
1 Notifications for enhanced controls or 
inspections Where a Member adopts or maintains a system of 
issuing notifications or guidance to its concerned 
authorities for enhancing the level of controls or inspections at the border in respect of foods, 
beverages or feedstuffs covered under the 
notification or guidance for protecting human, animal, or plant life or health within its territory, the following disciplines shall apply to the manner 
of their issuance, termination or suspension: 
a. each Member may, as appropriate, issue the notification or guidance based on risk. 
b. each Member may issue the notification or 
guidance so that it applies uniformly only to those points of entry where the sanitary and 
phytosanitary conditions on which the notification 
or guidance are based apply. c. each Member shall promptly terminate or suspend the notification or guidance when 
circumstances giving rise to it no longer exist, or if 
changed circumstances can be addressed in a less trade restrictive manner. SECTION 5: OTHER MEASURES TO ENHANCE 
IMPARTIALITY, NON-DISCRIMINATION AND TRANSPARENCY 
Article 10 
Notifications for enhanced controls or inspections 
 
Where a Member adopts or maintains a system of issuing notifications or guidance to its concerned 
authorities for enhancing the level of controls or 
inspections at the border in respect of foods, beverages or feedstuffs covered under the notification or guidance for protecting human, 
animal, or plant life or health within its territory, 
the following disciplines shall apply to the manner of their issuance, termination or suspension: 
(a) e a c h  M e m b e r  m a y ,  a s  a p p r o p r i a t e ,  i s s u e  
the notification or guidance based on risk;  
(b) each Member may issue the notification or 
guidance so that it applies uniformly only to 
those points of entry where the sanitary and phytosanitary conditions on which the notification or guidance are based apply;  
(c) each Member shall promptly terminate or 
suspend the notification or guidance when circumstances giving rise to it no longer  
  
 
  
 
  
 
   
 
  
 
  
 
   
 
   
  WT/PCTF/W/9  
 
- 12 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
d. when a Member decides to terminate or suspend 
the notification or guidance, it shall, as appropriate, 
promptly publish the announcement of its 
termination or suspension in a non-discriminatory and easily accessible manner, or inform the exporting Member or the importer. exist, or if changed circumstances can be 
addressed in a less trade restrictive 
manner; and  
(d) when a Member decides to terminate or 
suspend the notification or guidance, it shall, as appropriate, promptly publish the 
announcement of its termination or 
suspension in a non-discriminatory and easily accessible manner, or inform the 
exporting Member or the importer. 
  
 
 
2 Detention 
A Member shall inform the carrier or importer promptly in case of detention of goods declared for importation, for inspection by Customs or any other 
competent authority.  Article 11 
Detention  A Member shall promptly  inform the carrier or 
importer [promptly ] in case of detention of goods 
declared for importation, for inspection by Customs or any other competent authority. We agree with India’s proposal of deleting 
"promptly" after the word "importer" and inserting it between "shall" and "inform" 
3 Test Procedures 3.1. A Member may, upon request, grant an 
opportunity for a second test in case the first test 
result of a sample taken upon arrival of goods declared for importation shows an adverse finding. 
3.2. A Member shall either publish, in a non-
discriminatory and easily accessible manner, the name and address of any laboratory where the test can be carried out or provide this information to 
the importer when it is granted the opportunity 
under paragraph 3.1. 3.3. A Member shall consider the result of the 
second test in the release and clearance of goods, 
and, if appropriate, may accept the results of such test. Article 12 
Test Procedures 
 
1. A Member may, upon request, grant an opportunity for a second test in case the first test 
result of a sample taken upon arrival of goods 
declared for importation shows an adverse finding. 2. A Member shall either publish, in a non-discriminatory and easily accessible manner, the 
name and address of any laboratory where the test 
can be carried out or provide this information to the importer when it is granted the opportunity 
under paragraph 1. 
3. A Member shall consider the result of the second test in the release and clearance of goods, and, if 
appropriate, may accept the results of such test. 
4. Each Member shall periodically review its fees 
and charges with a view to reducing their number and diversity, where practicable   
  WT/PCTF/W/9  
 
- 13 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
ARTICLE 6: DISCIPLINES ON FEES AND 
CHARGES IMPOSED ON OR IN CONNECTION 
WITH IMPORTATION AND EXPORTATION  
1 General Disciplines on Fees and Charges 
Imposed on or in Connection with Importation and Exportation 
1.1. The provisions of paragraph 6.1 shall apply to 
all fees and charges other than import and export duties and other than taxes within the purview of 
Article III of GATT 1994 imposed by Members on or 
in connection with importation or exportation of goods. 
1.2. Information on fees and charges shall be 
published in accordance with Article 1 of this Agreement. This information shall include the fees and charges that will be applied, the reason for 
such fees and charges, the responsible authority 
and when and how payment is to be made. 1 . 3 .  A n  a d e q u a t e  t i m e  p e r i o d  s h a l l  b e  a c c o r d e d  
between the publication of new or amended fees 
and charges and their entry into force except in urgent circumstances. Such fees and charges shall 
not be applied until information on them has been 
published. 1.4. Each Member shall periodically review its fees and charges with a view to reducing their number 
and diversity, where practicable.  SECTION 6: DISCIPLINES ON FEES AND 
CHARGES IMPOSED ON OR IN CONNECTION 
WITH IMPORTATION AND EXPORTATION 
Article 13 General Disciplines on Fees and Charges Imposed on or in Connection with 
Importation and Exportation 
 1. This Article shall apply to all fees and charges 
other than import and export duties and other than 
taxes within the purview of Article III of GATT 1994 imposed by Members on or in connection with 
importation or exportation of goods. 
2. Information on fees and charges shall be published in accordance with Article 1. This information shall include the fees and charges that 
will be applied, the reason for such fees and 
charges, the responsible authority and when and how payment is to be made. 
3 .  A n  a d e q u a t e  t i m e  p e r i o d  s h a l l  b e  a c c o r d e d  
between the publication of new or amended fees and charges and their entry into force except in 
urgent circumstances. Such fees and charges shall 
not be applied until information on them has been published. 4. Each Member shall periodically review its fees 
and charges with a view to reducing their number 
and diversity, where practicable.  
2 Specific disciplines on Fees and Charges 
Imposed on or in Connection with Importation and Exportation 
2.1. Fees and charges for customs processing: 
i. shall be limited in amount to the approximate cost of the services rendered on or in connection with the specific import or export operation in 
question; and  
ii. are not required to be linked to a specific import or export operation provided they are levied for 
services that are closely connected to the customs 
processing of goods.  Article 14 
Specific disciplines on Fees and Charges Imposed on or in Connection with 
Importation and Exportation 
 Fees and charges for customs processing: (a) shall be limited in amount to the approximate 
cost of the services rendered on or in connection 
with the specific import or export operation in question; and 
(b) are not required to be linked to a specific 
import or export operation provided they are levied   
  WT/PCTF/W/9  
 
- 14 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
for services that are closely connected to the 
customs processing of goods. 
3 Penalty Disciplines 3.1. For the purpose of Article 6.3, the term "penalties" shall mean those imposed by a 
Member's customs administration for a breach of 
the Member's customs law, regulation, or procedural requirement. 
3.2. Each Member shall ensure that penalties for a 
breach of a customs law, regulation, or procedural requirement are imposed only on the person(s) 
responsible for the breach under its laws. 
3.3. The penalty imposed shall depend on the facts and circumstances of the case and shall be commensurate with the degree and severity of the 
breach. 
3.4. Each Member shall ensure that it maintains measures to avoid: 
i. conflicts of interest in the assessment and 
collection of penalties and duties; and ii. creating an incentive for the assessment or 
collection of a penalty that is inconsistent with 
paragraph 3.3. 3.5. Each Member shall ensure that when a penalty is imposed for a breach of customs laws, 
regulations, or procedural requirements, an 
explanation in writing is provided to the person(s) upon whom the penalty is imposed specifying the 
nature of the breach and the applicable law, 
regulation or procedure under which the amount or range of penalty for the breach has been 
prescribed. 
3.6. When a person voluntarily discloses to a Member's customs administration the circumstances of a breach of a customs law, 
regulation, or procedural requirement prior to the 
discovery of the breach by the customs administration, the Member is encouraged to, 
where appropriate, consider this fact as a potential 
mitigating factor when establishing a penalty for Article 15 
Penalty Disciplines  
1. For the purpose of this Article 6.3, the term 
"penalties" shall mean those imposed by a Member's customs administration for a breach of 
the Member's customs laws, regulations, or 
procedural requirements. 2. Each Member shall ensure that penalties for a 
breach of a customs law, regulation, or procedural 
requirement are imposed only on the person(s) responsible for the breach under its laws. 3. The penalty imposed shall depend on the facts 
and circumstances of the case and shall be 
commensurate with the degree and severity of the breach. 
4. Each Member shall ensure that it maintains 
measures to avoid: (a) conflicts of interest in the assessment and 
collection of penalties and duties; and 
(b) creating an incentive for the assessment or collection of a penalty that is inconsistent with paragraph 3.3. 
5. Each Member shall ensure that when a penalty is 
imposed for a breach of customs laws, regulations, or procedural requirements, an explanation in 
writing is provided to the person(s) upon whom the 
penalty is imposed specifying the nature of the breach and the applicable law, regulation or 
procedure under which the amount or range of 
penalty for the breach has been prescribed. 6. When a person voluntarily discloses to a Member's customs administration the 
circumstances of a breach of a customs law, 
regulation, or procedural requirement prior to the discovery of the breach by the customs 
administration, the Member is encouraged to, 
where appropriate, consider this fact as a potential   
  WT/PCTF/W/9  
 
- 15 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
that person.3.7. The provisions of this paragraph 
shall apply to the penalties on traffic in transit 
referred to in paragraph 3.1.  mitigating factor when establishing a penalty for 
that person. 
7. This paragraph shall apply to the penalties on 
traffic in transit referred to in paragraph 1. 
ARTICLE 7: RELEASE AND CLEARANCE OF 
GOODS 
1 Pre-arrival Processing  
1.1. Each Member shall adopt or maintain 
procedures allowing for the submission of import 
documentation and other required information, including manifests, in order to begin processing 
prior to the arrival of goods with a view to 
expediting the release of goods upon arrival. 1.2. Members shall, as appropriate, provide for advance lodging of documents in electronic format 
for pre-arrival processing of such documents.  SECTION 7: RELEASE AND CLEARANCE OF 
GOODS 
Article 16 Pre-arrival Processing 
 
1. Each Member shall adopt or maintain procedures allowing for the submission of import 
documentation and other required information, 
including manifests, in order to begin processing prior to the arrival of goods with a view to expediting the release of goods upon arrival. 
2. Members shall, as appropriate, provide for 
advance lodging of documents in electronic format for pre-arrival processing of such documents.  
2 Electronic Payment 
Each Member shall, to the extent practicable, adopt 
or maintain procedures allowing the option of 
electronic payment for duties, taxes, fees and charges collected by customs incurred upon 
importation and exportation.  Article 17 
Electronic Payment 
 
Each Member shall, to the extent practicable, adopt or maintain procedures allowing the option of 
electronic payment for duties, taxes, fees and 
charges collected by customs incurred upon importation and exportation.   
3 Separation of Release from Final 
Determination of Customs Duties, Taxes, Fees and Charges 
3.1. Each Member shall adopt or maintain 
procedures allowing the release of goods prior to the final determination of customs duties, taxes, 
fees and charges, if such a determination is not 
done prior to, or upon arrival, or as rapidly as possible after arrival and provided that all other regulatory requirements have been met. 
3.2. As a condition for such release, a Member may 
require: a. payment of customs duties, taxes, fees and Article 18 
Separation of Release from Final Determination of Customs Duties, Taxes, Fees 
and Charges 
 1. Each Member shall adopt or maintain procedures 
allowing the release of goods prior to the final 
determination of customs duties, taxes, fees and charges, if such a determination is not done prior to, or upon arrival, or as rapidly as possible after 
arrival and provided that all other regulatory 
requirements have been met. 2. As a condition for such release, a Member may  
  
 
  
 
   
South Africa accepts the inclusion of the word 
"other"  instead of "another"   
  WT/PCTF/W/9  
 
- 16 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
charges determined prior to or upon arrival of 
goods and a guarantee for any amount not yet 
determined in the form of a surety, a deposit or 
another appropriate instrument provided for in its laws and regulations; or b. a guarantee in the form of a surety, a deposit or other appropriate 
instrument provided for in its laws and regulations. 
3.3. Such guarantee shall not be greater than the amount the Member requires to ensure payment of 
customs duties, taxes, fees and charges ultimately 
due for the goods covered by the guarantee. 3.4. In cases where an offence requiring imposition 
of monetary penalties or fines has been detected, a 
guarantee may be required for the penalties and fines that may be imposed. 3.5. The guarantee as set out in paragraphs 3.2 
and 3.4 shall be discharged when it is no longer 
required. 3.6. Nothing in these provisions shall affect the 
right of a Member to examine, detain, seize or 
confiscate or deal with the goods in any manner not otherwise inconsistent with the Member's WTO 
rights and obligations.  require: 
(a) payment of customs duties, taxes, fees and 
charges determined prior to or upon arrival of 
goods and a guarantee for any amount not yet determined in the form of a surety, a deposit or other   appropriate instrument provided for in its 
laws and regulations; or 
(b) a guarantee in the form of a surety, a deposit or other appropriate instrument provided for in its 
laws and regulations. 
3. Such guarantee shall not be greater than the amount the Member requires to ensure payment of 
customs duties, taxes, fees and charges ultimately 
due for the goods covered by the guarantee. 4. In cases where an offence requiring imposition of monetary penalties or fines has been detected, a 
guarantee may be required for the penalties and 
fines that may be imposed. 5. The guarantee as set out in paragraphs 2 and 3 
shall be discharged when it is no longer required. 
6. Nothing in these provisions shall affect the right of a Member to examine, detain, seize or confiscate 
or deal with the goods in any manner not otherwise 
inconsistent with the Member's WTO rights and obligations. 
4 Risk Management 4.1. Each Member shall, to the extent possible, adopt or maintain a risk management system for 
customs control. 
4.2. Each Member shall design and apply risk management in a manner as to avoid arbitrary or 
unjustifiable discrimination, or disguised 
restrictions to international trade. 4.3. Each Member shall concentrate customs control and, to the extent possible other relevant 
border controls, on high risk consignments and 
expedite the release of low risk consignments. Each Member may also select, on a random basis, 
consignments for such controls as part of its risk 
management. Article 19 
Risk Management  
1. Each Member shall, to the extent possible, adopt 
or maintain a risk management system for customs control. 
2. Each Member shall design and apply risk 
management in a manner as to avoid arbitrary or unjustifiable discrimination, or disguised restrictions to international trade. 
3. Each Member shall concentrate customs control 
and, to the extent possible other relevant border controls, on high -risk consignments and expedite 
the release of low -risk consignments. 
   
  WT/PCTF/W/9  
 
- 17 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
4.4. Each Member shall base risk management on 
assessment of risk through appropriate selectivity 
criteria. Such selectivity criteria may include, inter 
alia, HS code, nature and description of the goods, country of origin, country from which the goods were shipped, value of the goods, compliance 
record of traders, and type of means of transport.  Each Member may also select, on a random basis, 
consignments for such controls as part of its risk 
management. 
 4. Each Member shall base risk management on an assessment of risk through appropriate selectivity 
criteria. Such selectivity criteria may include, inter 
alia, HS code Harmonized System  codes, nature 
and description of the goods, origin of the goods,  
country of origin, country or territory  from which 
the goods were shipped, value of the goods, compliance record of traders, and type of means of 
transport. 
5 Post-clearance Audit 
5.1. With a view to expediting the release of goods, 
each Member shall adopt or maintain post 
clearance audit to ensure compliance with customs and other related laws and regulations. 
5.2. Each Member shall select a person or a 
consignment for post-clearance audit in a risk-based manner, which may include appropriate 
selectivity criteria. Each Member shall conduct post 
clearance audits in a transparent manner. Where the person is involved in the audit process and conclusive results have been achieved the Member 
shall, without delay, notify the person whose 
record is audited of the results, the person's rights and obligations and the reasons for the results. 
5.3. Members acknowledge that the information 
obtained in post-clearance audit may be used in further administrative or judicial proceedings. 
5.4. Members shall, wherever practicable, use the 
result of post-clearance audit in applying risk management. Article 20 
Post-clearance Audit 
 
1. With a view to expediting the release of goods, each Member shall adopt or maintain post- 
clearance audit to ensure compliance with customs 
and other related laws and regulations. 2. Each Member shall select a person or a 
consignment for post-clearance audit in a risk-
based manner, which may include appropriate selectivity criteria. Each Member shall conduct post- clearance audits in a transparent manner. 
Where the person is involved in the audit process 
and conclusive results have been achieved the Member shall, without delay, notify the person 
whose record is audited of the results, the person's 
rights and obligations and the reasons for the results. 
3. The information obtained in post-clearance audit 
may be used in further administrative or judicial proceedings. 4. Members shall, wherever practicable, use the 
result of post-clearance audit in applying risk 
management.   
  WT/PCTF/W/9  
 
- 18 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
6 Establishment and Publication of Average 
Release Times 
6.1. Members are encouraged to measure and 
publish their average release time of goods periodically and in a consistent manner, using tools such as, inter alia, the WCO Time Release Study. 
6.2. Members are encouraged to share with the 
Committee their experiences in measuring average release times, including methodologies used, 
bottlenecks identified, and any resulting effects on 
efficiency.  Article 21 
Establishment and Publication of Average 
Release Times 
 1. Members are encouraged to measure and publish their average release time of goods 
periodically and in a consistent manner, using tools 
such as, inter alia, the  World Customs 
Organisation Time Release Study.  
2. Members are encouraged to share with the 
Committee their experiences in measuring average release times, including methodologies used, 
bottlenecks identified, and any resulting effects on 
efficiency.  
 
 
 The full description of the acronym WCO is acceptable as proposed by Singapore (28 March 
2014). 
7 Trade Facilitation Measures for Authorized Operators 
7.1. Each Member shall provide additional trade facilitation measures related to import, export or 
transit formalities and procedures, pursuant to 
paragraph 7.3, to operators who meet specified criteria, hereinafter called authorized operators. 
Alternatively, a Member may offer such facilitation 
measures through customs procedures generally available to all operators and not be required to establish a separate scheme. 
7.2. The specified criteria shall be related to 
compliance, or the risk of non-compliance, with requirements specified in a Member's laws, 
regulations or procedures. The specified criteria, 
which shall be published, may include: a. an appropriate record of compliance with 
customs and other related laws and regulations; 
b. a system of managing records to allow for necessary internal controls; c. financial solvency, including, where appropriate, 
provision of a sufficient security/guarantee; and 
d. supply chain security.  The specified criteria to qualify as an operator shall 
not: 
a. be designed or applied so as to afford or create Article 22 
Trade Facilitation Measures for Authorized 
Operators  
1. Each Member shall provide additional trade 
facilitation measures related to import, export or transit formalities and procedures, pursuant to 
paragraph 3, to operators who meet specified 
criteria, hereinafter called authorized operators. Alternatively, a Member may offer such facilitation measures through customs procedures generally 
available to all operators and not be required to 
establish a separate scheme. 2. The specified criteria shall be related to 
compliance, or the risk of non-compliance, with 
requirements specified in a Member's laws, regulations or procedures. The specified criteria, 
which shall be published, may include: 
 2.1 The specified criteria, which shall be published, may include: 
(a) an appropriate record of compliance with 
customs and other related laws and regulations; (b) a system of managing records to allow for 
necessary internal controls; 
(c) financial solvency, including, where appropriate,  
 
  
 
  
 
   
 
  
 
  
 
   
 
  
 
  
  WT/PCTF/W/9  
 
- 19 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
arbitrary or unjustifiable discrimination between 
operators where the same conditions prevail; and 
b. to the extent possible, restrict the participation 
of small and medium-sized enterprises. 7.3. The trade facilitation measures provided pursuant to paragraph 7.1 shall include at least 3 
of  the following measures: 
a. low documentary and data requirements as appropriate; 
b. low rate of physical inspections and 
examinations as appropriate; c. rapid release time as appropriate; 
d. deferred payment of duties, taxes, fees and 
charges; e. use of comprehensive guarantees or reduced guarantees; 
f. a single customs declaration for all imports or 
exports in a given period; and g. clearance of goods at the premises of the 
authorized operator or another place authorized by 
customs. 7.4. Members are encouraged to develop 
authorized operator schemes on the basis of 
international standards, where such standards exist, except when such standards would be an inappropriate or ineffective means for the 
fulfillment of the legitimate objectives pursued. 
7.5. In order to enhance the facilitation measures provided to operators, Members shall afford to 
other Members the possibility to negotiate mutual 
recognition of authorized operator schemes. 7.6. Members shall exchange relevant information 
within the Committee about authorized operator 
schemes in force.  provision of a sufficient security or guarantee; and 
(d) supply chain security. 
 
2.2 The specified criteria to qualify as an authorized  operator shall not: a. (a) be designed or applied so as to afford or 
create arbitrary or unjustifiable discrimination 
between operators where the same conditions prevail; and 
b. (b) to the extent possible, restrict the 
participation of small and medium-sized enterprises. 
3. The trade facilitation measures provided 
pursuant to paragraph 7.1 shall include at least 3three of the following measures:  a. (a) low documentary and data requirements, 
as appropriate; 
b. (b) low rate of physical inspections and examinations, as appropriate; 
(c) rapid release time, as appropriate; 
(d) deferred payment of duties, taxes, fees and charges; 
(e) use of comprehensive guarantees or reduced 
guarantees; (f) a single customs declaration for all imports or exports in a given period; and 
(g) clearance of goods at the premises of the 
authorized operator or another place authorized by customs. 
 
4. Members are encouraged to develop authorized operator schemes on the basis of international 
standards, where such standards exist, except 
when such standards would be an inappropriate or ineffective means for the fulfillment of the legitimate objectives pursued. 
 
5. In order to enhance the facilitation measures provided to operators, Members shall afford to 
other Members the possibility to negotiate mutual  
South Africa proposes that the usage of no 
hyphens in the text should be uniformly applies 
and that the other WTO Agreements should have reference.  
  WT/PCTF/W/9  
 
- 20 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
recognition of authorized operator schemes. 
 
6. Members shall exchange relevant information 
within the Committee about authorized operator schemes in force.  
8.1. Each Member shall adopt or maintain procedures allowing for expedited release of at 
least those goods entered through air cargo 
facilities to persons that apply for such treatment, while maintaining customs control. If a Member 
employs criteria limiting who may apply, the 
Member may, in published criteria, require that the applicant shall, as conditions for qualifying for the application of the treatment described in 
paragraphs 8.2 a. – d. to its expedited shipments: 
a. provide adequate infrastructure and payment of customs expenses related to processing of 
expedited shipments, in cases where the applicant 
fulfills the Member's requirements for such processing to be performed at a dedicated facility; 
b. submit in advance of the arrival of an expedited 
shipment the information necessary for release; c .  b e  a s s e s s e d  f e e s  l i m i t e d  i n  a m o u n t  t o  t h e  approximate cost of services rendered in providing 
the treatment described in paragraph 8.2 a. – d.; 
d. maintain a high degree of control over expedited shipments through the use of internal security, 
logistics, and tracking technology from pick-up to 
delivery; e. provide expedited shipment from pick-up to 
delivery; 
f. assume liability for payment of all customs duties, taxes, and fees and charges to the customs authority for the goods; 
g. have a good record of compliance with customs 
and other related laws and regulations;  h. comply with other conditions directly related to 
the effective enforcement of the Member's laws, 
regulations and procedural requirements, that Article 23 
Expedited Shipments 
 
1. Each Member shall adopt or maintain procedures allowing for expedited release of at least those 
goods entered through air cargo facilities to 
persons that apply for such treatment, while maintaining customs control.  If a Member employs criteria  limiting who may apply, the Member may, 
in by means of  published criteria, require that the 
applicant shall, as conditions for qualifying for the application of the treatment described in 
paragraphs 8.2 a. - subparagraphs 2(a) through 
2(d)  to its expedited shipments: (a) provide adequate infrastructure and payment of 
customs expenses related to processing of 
expedited shipments, in cases where the applicant fulfills the Member's requirements for such processing to be performed at a dedicated facility; 
(b) submit in advance of the arrival of an expedited 
shipment the information necessary for release; (c) be assessed fees limited in amount to the 
approximate cost of services rendered in providing 
the treatment described in paragraph 8.2 a - d; subparagraphs 2(a) through 2(d); 
(d) maintain a high degree of control over 
expedited shipments through the use of internal security, logistics, and tracking technology from pick-up to delivery; 
(e) provide expedited shipment from pick-up to 
delivery; (f)assume liability for payment of all customs 
duties, taxes, and fees and charges to the customs 
authority for the goods;  
 
 
  
 
   
 
  
 
  
 
   
 
  
 
  
 
   
 
  
 
South Africa proposes that the original language be  
  WT/PCTF/W/9  
 
- 21 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
specifically relate to providing the treatment 
described in paragraph 8.2.  (g) have a good record of compliance with customs 
and other related laws and regulations 
(h)comply with other conditions directly related to 
the effective enforcement of the Member's laws, regulations and procedural requirements, that specifically relate to providing the treatment 
described in paragraph 2. 
 maintained in (g). 
 
8.2. Subject to paragraphs 8.1 and 8.3, Members shall: a. minimize the documentation required for the 
release of expedited shipments in accordance with 
Article 10.1, and to the extent possible, provide for release based on a single submission of information on certain shipments; 
b. provide for expedited shipments to be released 
under normal circumstances as rapidly as possible after arrival, provided the information required for 
release has been submitted; 
c. endeavour to apply the treatment in sub-paragraphs 8.2 a. and b. to shipments of any 
weight or value recognizing that a Member is 
permitted to require additional entry procedures, including declarations and supporting documentation and payment of duties and taxes, 
and to limit such treatment based on the type of 
good, provided the treatment is not limited to low value goods, such as documents; and d. provide, 
to the extent possible, for a de minimis shipment 
value or dutiable amount for which customs duties and taxes will not be collected, aside from certain 
prescribed goods. Internal taxes, such as value 
added taxes and excise taxes, applied to imports consistently with Article III of the GATT 1994 are not subject to this provision. 
8.3. Nothing in paragraphs 8.1 and 8.2 shall affect 
the right of a Member to examine, detain, seize, confiscate or refuse entry to goods, or to carry out 
post-clearance audits, including in connection with 
the use of risk management systems. Further, 2. Subject to paragraphs 1 and 3, Members shall: 
(a) minimize the documentation required for the release of expedited shipments in accordance with 
Article 27, and to the extent possible, provide for 
release based on a single submission of information on certain shipments; (b) provide for expedited shipments to be released 
under normal circumstances as rapidly as possible 
after arrival, provided the information required for release has been submitted; 
(c) endeavour to apply the treatment referred to 
 
in sub-paragraphs 8.subparagraphs 2 (a) and 2(b) 
to shipments of any weight or value recognizing 
that a Member is permitted to require additional 
entry procedures, including declarations and supporting documentation and payment of duties and taxes, and to limit such treatment based on 
the type of good, provided the treatment is not 
limited to low value goods, such as documents; and 
(d) provide, to the extent possible, for a de minimis 
shipment value or dutiable amount for which customs duties and taxes will not be collected,  
apart  [aside] from certain prescribed goods. 
Internal taxes, such as value added taxes and excise taxes, applied to imports consistently with Article III of the GATT 1994 are not subject to this 
provision. 
3. Nothing in paragraphs 1 and 2 shall affect the right of a Member to examine, detain, seize, 
confiscate or refuse entry to goods, or to carry out 
post-clearance audits, including in connection with  
  
 
   
 
  
 
  
 
   
 
  
The proposal to replace the word "aside" with 
"apart" is supported.   
  WT/PCTF/W/9  
 
- 22 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
nothing in paragraphs 8.1 and 8.2 shall prevent a 
Member from requiring, as a condition for release, 
the submission of additional information and the 
fulfillment of non-automatic licensing requirements.  the use of risk management systems. Further, nothing in paragraphs 1 and 2 shall prevent a 
Member from requiring, as a condition for release, 
the submission of additional information and the fulfillment of non-automatic licensing requirements. 
9 Perishable Goods 9.1. With a view to preventing avoidable loss or deterioration of perishable goods, and provided all 
regulatory requirements have been met, each 
Member shall: a. provide for the release of perishable goods under 
normal circumstances within the shortest possible 
time; and b. provide for the release of perishable goods, in exceptional circumstances where it would be appropriate to do so, outside the business hours 
of customs and other relevant authorities. 
9.2. Each Member shall give appropriate priority to perishable goods when scheduling any 
examinations that may be required. 
9.3. Each Member shall either arrange, or allow an importer to arrange, for the proper storage of 
perishable goods pending their release. The 
Member may require that any storage facilities arranged by the importer have been approved or designated by its relevant authorities. The 
movement of the goods to those storage facilities, 
including authorizations for the operator moving the goods, may be subject to the approval, where 
required, of the relevant authorities. The Member 
shall, where practicable and consistent with domestic legislation, upon the request of the 
importer, provide for any procedures necessary for 
release to take place at those storage facilities. 9.4. In cases of significant delay in the release of perishable goods, and upon written request, the 
importing Member shall, to the extent practicable, 
provide a communication on the reasons for the delay. 
 Article 24 
Perishable Goods   
1. Each Member shall, with a view to preventing 
avoidable loss or deterioration of perishable goods, and provided all regulatory requirements have 
been met, each Member shall provide for the 
release of perishable goods : a. provide for the release of(a) perishable goods under normal circumstances within the 
shortest possible time; and 
b. provide for the release of(b) perishable goods, in exceptional circumstances where it would 
be appropriate to do so, outside the business hours 
of customs and other relevant authorities .  1 .  E a c h  M e m b e r  s h a l l ,  w i t h  a  v i e w  t o  
preventing avoidable l oss or deterioration of 
perishable goods, and provided all regulatory requirements have been met; provide for the release of perishable goods: 
(a) under normal circumstances within the 
shortest possible time; and (b) in exceptional circumstances where it 
would be appropriate to do so, outside the 
business hours of customs and other relevant authorities. 
 
2. Each Member shall give appropriate priority to perishable goods when scheduling any examinations that may be required. 
3. Each Member shall either arrange, or allow an 
importer to arrange, for the proper storage of perishable goods pending their release. The 
Member may require that any storage facilities 
arranged by the importer have been approved or South Africa proposes  new language for 
paragraph 1 as follows:   
1. Each Member shall, with a view to preventing 
avoidable loss or deterioration of perishable goods, and provided all regulatory requirements have 
been met; provide for the release of perishable 
goods: (a) under normal circumstances within the shortest possible time; and 
(b) in exceptional circumstances where it would 
be appropriate to do so, outside the business hours of customs and other relevant authorities.  
  WT/PCTF/W/9  
 
- 23 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
designated by its relevant authorities. The 
movement of the goods to those storage facilities, 
including authorizations for the operator moving 
the goods, may be subject to the approval, where required, of the relevant authorities. The Member shall, where practicable and consistent with 
domestic legislation, upon the request of the 
importer, provide for any procedures necessary for release to take place at those storage facilities. 
4. In cases of significant delay in the release of 
perishable goods, and upon written request, the importing Member shall, to the extent practicable, 
provide a communication on the reasons for the 
delay. 
ARTICLE 8: BORDER AGENCY COOPERATION 
1. A Member shall ensure that its authorities and 
agencies responsible for border controls and procedures dealing with the importation, 
exportation and transit of goods cooperate with one 
another and coordinate their activities in order to facilitate trade. 
2. Members shall, to the extent possible and 
practicable, cooperate on mutually agreed terms with other Members with whom they share a common border with a view to coordinating 
procedures at border crossings to facilitate cross-
border trade. Such cooperation and coordination may include: 
i. alignment of working days and hours; 
ii. alignment of procedures and formalities; iii. development and sharing of common facilities; 
iv. joint controls; 
v. establishment of one stop border post control.  SECTION 8: BORDER AGENCY COOPERATION 
Article 25 
 1. A Member shall ensure that its authorities 
and agencies responsible for border controls and 
procedures dealing with the importation, exportation and transit of goods cooperate with one 
another and coordinate their activities in order to 
facilitate trade. 2. Members shall, to the extent possible and practicable, cooperate on mutually agreed terms 
with other Members with  whom they share a 
common border with a view to coordinating procedures at border crossings to facilitate cross-
border trade. Such cooperation and coordination 
may include: (a) alignment of working days and hours; 
(b) alignment of procedures and formalities; 
(c) development and sharing of common facilities; (d) joint controls; and 
(e) establishment of one stop border post control. 
  
 
  
 
  
 
   
 
  
 
 The options should not be limited. 
 
ARTICLE 9: MOVEMENT OF GOODS UNDER CUSTOMS CONTROL INTENDED FOR IMPORT 
Each Member shall, to the extent practicable, and provided all regulatory requirements are met, allow SECTION 9: MOVEMENT OF GOODS UNDER 
CUSTOMS CONTROL OF GOODS INTENDED 
FOR IMPORT  Article 26 South Africa accepts the redrafting of the title of 
Section 9 as proposed by the EU (14 March 2014).  
  WT/PCTF/W/9  
 
- 24 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
goods intended for import to be moved within its 
territory under customs control from a customs 
office of entry to another customs office in its 
territory from where the goods would be released or cleared.   
Each Member shall, to the extent practicable, and 
provided all regulatory requirements are met, allow 
goods intended for import to be moved within its territory under customs control from a customs office of entry to another customs office in its 
territory from where the goods would be released 
or cleared. 
ARTICLE 10: FORMALITIES CONNECTED WITH IMPORTATION AND EXPORTATION AND TRANSIT 
1 Formalities and Documentation 
Requirements 1.1. With a view to minimizing the incidence and complexity of import, export, and transit formalities 
and of decreasing and simplifying import, export 
and transit documentation requirements and taking into account the legitimate policy objectives and 
other factors such as changed circumstances, 
relevant new information and business practices, availability of techniques and technology, 
international best practices and inputs from 
interested parties, each Member shall review such formalities and documentation requirements, and, based on the results of the review, ensure, as 
appropriate, that such formalities and 
documentation requirements: a. are adopted and/or applied with a view to a 
rapid release and clearance of goods, particularly 
perishable goods; b. are adopted and/or applied in a manner that 
aims at reducing the time and cost of compliance 
for traders and operators; c. are the least trade restrictive measure chosen, where two or more alternative measures are 
reasonably available for fulfilling the policy 
objective or objectives in question; and  d. are not maintained, including parts thereof, if no 
longer required. 
1.2. The Committee shall develop procedures for SECTION 10: FORMALIT IES CONNECTED WITH 
IMPORTATION AND EXPORTATION AND TRANSIT 
 
Article 27 Formalities and Documentation Requirements  
1. With a view to minimizing the incidence and 
complexity of import, export, and transit formalities and to  decreasing and simplifying import, export 
and transit documentation requirements and taking 
into account the legitimate policy objectives and other factors such as changed circumstances, 
relevant new information and business practices, 
availability of techniques and technology, international best practices and inputs from interested parties, each Member shall review such 
formalities and documentation requirements, and, 
based on the results of the review, ensure, as appropriate, that such formalities and 
documentation requirements are: 
(a) adopted and/or applied with a view to a rapid release and clearance of goods, particularly 
perishable goods; 
(b) adopted and/or applied in a manner that aims at reducing the time and cost of compliance for traders and operators; 
(c) the least trade restrictive measure chosen, 
where two or more alternative measures are reasonably available for fulfilling the policy 
objective or objectives in question; and 
(d) not maintained, including parts thereof, if no  
  
 
   
 
  
 
  
 
   
 
  
 
  
 
   
 
  
 
  
  WT/PCTF/W/9  
 
- 25 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
sharing relevant information and best practices 
as appropriate.  longer required. 
2. The Committee shall develop procedures for 
sharing by Members of relevant information and 
best practices, as appropriate.  
South Africa supports India’s proposal of inserting 
"by Members of" after the word "sharing". 
2 Acceptance of Copies 2.1. Each Member shall, where appropriate, 
endeavour to accept paper or electronic copies of supporting documents required for import, export 
or transit formalities. 
2.2. Where a government agency of a Member already holds the original of such a document, any 
other agency of that Member shall accept a paper 
or electronic copy, where applicable, from the agency holding the original in lieu of the original document.  
2.3. A Member shall not require an original or copy 
of export declarations submitted to the customs authorities of the exporting Member as a 
requirement for importation.  Article 28 
Acceptance of Copies 
 1. Each Member shall, where appropriate, 
endeavour to accept paper or electronic copies of 
supporting documents required for import, export or transit formalities. 
2. Where a government agency of a Member 
already holds the original of such a document, any other agency of that Member shall accept a paper or electronic copy, where applicable, from the 
agency holding the original in lieu of the original 
document. 3. A Member shall not require an original or copy of 
export declarations submitted to the customs 
authorities of the exporting Member as a requirement for importation.  
3 Use of International Standards 
3.1. Members are encouraged to use relevant 
international standards or parts thereof as a basis 
for their importation, exportation or transit formalities and procedures except as otherwise provided for in this Agreement. 
3.2. Members are encouraged to take part, within 
the limits of their resources, in the preparation and periodic review of relevant international standards 
by appropriate international organizations. 
3.3. The Committee shall develop procedures for the sharing by Members of relevant information, 
and best practices, on the implementation of 
international standards, as appropriate. The Committee may also invite relevant international organizations to discuss their work on international 
standards. As appropriate, the Committee may 
identify specific standards that are of particular value to Members.  Article 29 
Use of International Standards 
 
1. Members are encouraged to use relevant international standards or parts thereof as a basis for their importation, exportation or transit 
formalities and procedures except as otherwise 
provided for in this Agreement. 2. Members are encouraged to take part, within the 
limits of their resources, in the preparation and 
periodic review of relevant international standards by appropriate international organizations. 
3. The Committee shall develop procedures for the 
sharing by Members of relevant information, and best practices, on the implementation of international standards, as appropriate. The 
Committee may also invite relevant international 
organizations to discuss their work on international standards. As appropriate, the Committee may   
  WT/PCTF/W/9  
 
- 26 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
identify specific standards that are of particular 
value to Members. 
4 Single Window 4.1. Members shall endeavour to establish or maintain a single window, enabling traders to 
submit documentation and/or data requirements 
for importation, exportation or transit of goods through a single entry point to the participating 
authorities or agencies. After the examination by 
the participating authorities or agencies of the documentation and/or data, the results shall be 
notified to the applicants through the single window 
in a timely manner. 4.2. In cases where documentation and/or data requirements have already been received through 
the single window, the same documentation and/or 
data requirements shall not be requested by participating authorities or agencies except in 
 
urgent circumstances and other limited exceptions which are made public. 4.3. Members shall notify to the Committee the 
details of operation of the single window. 
4.4. Members shall, to the extent possible and practical, use information technology to support the single window.  Article 30 
Single Window  
1. Members shall endeavour to establish or 
maintain a single window, enabling traders to submit documentation and/or data requirements 
for importation, exportation or transit of goods 
through a single entry point to the participating authorities or agencies. After the examination by 
the participating authorities or agencies of the 
documentation and/or data, the results shall be notified to the applicants through the single window in a timely manner. 
2. In cases where documentation and/or data 
requirements have already been received through the single window, the same documentation and/or 
data requirements shall not be requested by 
participating authorities or agencies except in urgent circumstances and other limited exceptions 
which are made public. 
3. Members shall notify to the Committee the details of operation of the single window. 4. Members shall, to the extent possible and 
practical, use information technology to support the 
single window.  
5 Pre-shipment Inspection 
5.1. Members shall not require the use of pre-shipment inspections in relation to tariff 
classification and customs valuation. 
5.2. Without prejudice to the rights of Members to use other types of pre-shipment inspection not 
covered by paragraph 5.1, Members are 
encouraged not to introduce or apply new requirements regarding their use. Article 31 
Pre-shipment Inspection  
1. Members shall not require the use of pre-
shipment inspections in relation to tariff classification and customs valuation. 
2. Without prejudice to the rights of Members to 
use other types of pre-shipment inspection not covered by paragraph 1, Members are encouraged not to introduce or apply new requirements 
regarding their use.   
  WT/PCTF/W/9  
 
- 27 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
6 Use of Customs Brokers 
6.1. Without prejudice to the important policy 
concerns of some Members that currently maintain 
a special role for customs brokers, from the entry into force of this agreement Members shall not introduce the mandatory use of customs brokers. 
6.2. Each Member shall notify and publish its 
measures on the use of customs brokers. Any subsequent modifications thereof shall be notified 
to the Committee and published promptly. 
6.3. With regard to the licensing of customs brokers, Members shall apply rules that are 
transparent and objective.  Article 32 
Use of Customs Brokers 
 
1. Without prejudice to the important policy concerns of some Members that currently maintain a special role for customs brokers, from the entry 
into force of this Agreement Members shall not 
introduce the mandatory use of customs brokers.  2. Each Member shall notify and publish its 
measures on the use of customs brokers. Any 
subsequent modifications thereof shall be notified to the Committee and published promptly. 
3. [Each Member shall, with regards to the 
licensing of customs brokers; Members shall apply rules that are transparent and objective.] Each Member, with regard to the licensing of 
customs brokers, shall apply rules that are 
transparent and objective.   
 
 
   
 
  
 
 South Africa’s Textual Proposal:  
Each Member, with regard to the licensing of 
customs brokers, shall apply rules that are transparent and objective. We believe it reads better and conforms to the ‘Each Member’ 
phraseology. 
7 Common Border Procedures and Uniform 
Documentation Requirements 7.1. Each Member shall, subject to paragraph 7.2, 
apply common customs procedures and uniform 
documentation requirements for release and clearance of goods throughout its territory. 7.2. Nothing in this Article shall prevent a Member 
from: 
a. differentiating its procedures and documentation requirements based on the nature and type of 
goods, or their means of transport; 
b. differentiating its procedures and documentation requirements for goods based on risk 
management; 
c. differentiating its procedures and documentation requirements to provide total or partial exemption from import duties or taxes; 
d. applying electronic filing or processing; or 
e. differentiating its procedures and documentation requirements in a manner consistent with the 
Agreement on Sanitary and Phytosanitary 
Measures. Article 33 
Common Border Procedures and Uniform Documentation Requirements 
 
1. Each Member shall, subject to paragraph 7.2, apply common customs procedures and uniform documentation requirements for release and 
clearance of goods throughout its territory. 
2. Nothing in this Article shall prevent a Member from: 
(a) differentiating its procedures and 
documentation requirements based on the nature and type of goods, or their means of transport; 
(b) differentiating its procedures and 
documentation requirements for goods based on risk management; (c) differentiating its procedures and 
documentation requirements to provide total or 
partial exemption from import duties or taxes; (d) applying electronic filing or processing; or 
(e) differentiating its procedures and 
documentation requirements in a manner  
  
 
   
 
  
 
  
 
   
 
 South Africa supports the India proposal of 
recasting subparagraph (e) to read : 
"differentiating its procedures and documentation  
  WT/PCTF/W/9  
 
- 28 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
consistent with the Agreement on the application of 
Sanitary and Phytosanitary Measures. 
"differentiating its procedures and 
documentation requirements in a manner consistent with the application of the Agreement on Sanitary and Phytosanitary 
Measures".  requirements in a manner consistent with the 
application of the Agreement on Sanitary and 
Phytosanitary Measures". 
 
8 Rejected Goods 
8.1. Where goods presented for import are rejected 
by the competent authority of a Member on account of their failure to meet prescribed sanitary 
or phytosanitary regulations or technical 
regulations, the Member shall, subject to and consistent with its laws and regulations, allow the importer to re-consign or to return the rejected 
goods to the exporter or another person designated 
by the exporter.  
When such an option is given and the importer fails 
t o  e x e r c i s e  i t  w i t h i n  a  r e a s o n a b l e  p e r i o d  o f  t i m e ,  the competent authority may take a different 
course of action to deal with such non-compliant 
goods.  Article 34 
Rejected Goods 
 1. Where goods presented for import are rejected 
by the competent authority of a Member on 
account of their failure to meet the prescribed sanitary or phytosanitary regulations or technical regulations, the Member shall, subject to and 
consistent with its laws and regulations, allow the 
importer to re-consign or to return the rejected goods to the exporter or another person designated 
by the exporter. 
2. When such an option is given and the importer 
fails to exercise it within a reasonable period of 
time, the competent authority may take a different 
course of action to deal with such non-compliant goods.  
 
  
 
   
 
  
 
  
South Africa supports the proposal to insert the 
numbering of this paragraph. 
9 Temporary Admission of Goods/Inward and Outward Processing a. Temporary Admission of Goods 
Each Member shall allow, as provided for in its laws 
and regulations, goods to be brought into a customs territory conditionally relieved, totally or 
partially, from payment of import duties and taxes 
if such goods are brought into a customs territory for a specific purpose, are intended for re-
exportation within a specific period, and have not 
undergone any change except normal depreciation and wastage due to the use made of them. b. Inward and Outward Processing 
i. Each Member shall allow, as provided for in its 
laws and regulations, inward and outward processing of goods. Goods allowed for outward Article 35 
Temporary Admission of Goods/Inward and Outward Processing 
 
1. Temporary Admission of Goods Each Member shall allow, as provided for in its laws 
and regulations, goods to be brought into a 
customs territory conditionally relieved, totally or partially, from payment of import duties and taxes 
if such goods are brought into a customs territory 
for a specific purpose, are intended for re-exportation within a specific period, and have not undergone any change except normal depreciation 
and wastage due to the use made of them. 
 2. Inward and Outward Processing  
  
  
  WT/PCTF/W/9  
 
- 29 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
processing may be reimported with total or partial 
exemption from import duties and taxes in 
accordance with the Member's laws and regulations 
in force. ii. For the purposes of this Article, the term "inward processing" means the Customs procedure under 
which certain goods can be brought into a Customs 
territory conditionally relieved totally or partially from payment of import duties and taxes, or 
eligible for duty drawback, on the basis that such 
goods are intended for manufacturing, processing or repair and subsequent exportation. 
iii. For the purposes of this Article, the term 
"outward processing" means the Customs procedure under which goods which are in free circulation in a Customs territory may be 
temporarily exported for manufacturing, processing 
or repair abroad and then reimported.  (a) Each Member shall allow, as provided for in its 
laws and regulations, inward and outward 
processing of goods. Goods allowed for outward 
processing may be reimported with total or partial exemption from import duties and taxes in accordance with the Member's laws and regulations 
in force. 
(b) For the purposes of this Article, the term "inward processing" means the customs procedure 
under which certain goods can be brought into a 
customs territory conditionally relieved totally or partially from payment of import duties and taxes, 
or eligible for duty drawback, on the basis that 
such goods are intended for manufacturing, processing or repair and subsequent exportation. (c) For the purposes of this Article, the term 
"outward processing" means the customs 
procedure under which goods which are in free circulation in a customs territory may be 
temporarily exported for manufacturing, processing 
or repair abroad and then reimported. 
ARTICLE 11: FREEDOM OF TRANSIT 1. Any regulations or formalities in connection with traffic in transit imposed by a Member shall not: 
a. be maintained if the circumstances or objectives 
giving rise to their adoption no longer exist or if the changed circumstances or objectives can be 
addressed in a reasonably available less trade 
restrictive manner, b. be applied in a manner that would constitute a 
disguised restriction on traffic in transit. 
2. Traffic in transit shall not be conditioned upon collection of any fees or charges imposed in respect of transit, except the charges for transportation or 
those commensurate with administrative expenses 
entailed by transit or with the cost of services rendered. 
3. Members shall not seek, take or maintain any 
voluntary restraints or any other similar measures SECTION 11: FREEDOM OF TRANSIT 
Article 36  Any regulations or formalities in connection with 
traffic in transit imposed by a Member shall not: 
1.  be: (a) maintained if the circumstances or objectives 
giving rise to their adoption no longer exist or if the 
changed circumstances or objectives can be addressed in a reasonably available less trade 
restrictive manner;  
(b) applied in a manner that would constitute a disguised restriction on traffic in transit. 2. Traffic in transit shall not be conditioned 
upon collection of any fees or charges imposed in 
respect of transit, except the charges for transportation or those commensurate with 
administrative expenses entailed by transit or with 
the cost of services rendered.  
   
 
  
 
  
 
   
 
  
 
  
  WT/PCTF/W/9  
 
- 30 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
on traffic in transit. This is without prejudice to 
existing and future national regulations, bilateral or 
multilateral arrangements related to regulating 
transport consistent with WTO rules. 4. Each Member shall accord to products which will be in transit through the territory of any other 
Member treatment no less favourable than that 
which would be accorded to such products if they were being transported from their place of origin to 
their destination without going through the 
territory of such other Member. 5. Members are encouraged to make available, 
where practicable, physically separate 
infrastructure (such as lanes, berths and similar) for traffic in transit. 5. Members are encouraged to make available, 
where practicable, physically separate 
infrastructure (such as lanes, berths and similar) for traffic in transit. 
6. Formalities, documentation requirements and 
customs controls, in connection with traffic in transit, shall not be more burdensome than 
necessary to: 
a. identify the goods; and b. ensure fulfillment of transit requirements. 7. Once goods have been put under a transit 
procedure and have been authorized to proceed 
from the point of origination in a Member's territory, they will not be subject to any customs 
charges nor unnecessary delays or restrictions until 
they conclude their transit at the point of destination within the Member's territory. 
8. Members shall not apply technical regulations 
and conformity assessment procedures within the meaning of the Agreement on Technical Barriers to Trade on goods in transit. 
9. Members shall allow and provide for advance 
filing and processing of transit documentation and data prior to the arrival of goods.  
10. Once traffic in transit has reached the customs 3. Members shall not seek, take or maintain 
any voluntary restraints or any other similar 
measures on traffic in transit. This is without 
prejudice to existing and future [national] domestic  
regulations, bilateral or multilateral arrangements related to regulating transport, consistent with 
WTO rules. 
4. Each Member shall accord to products which will be in transit through the territory of any other 
Member treatment no less favourable than that 
which would be accorded to such products if they were being transported from their place of origin to 
their destination without going through the 
territory of such other Member. 5. Members are encouraged to make available, where practicable, physically separate 
infrastructure (such as lanes, berths and similar) 
for traffic in transit. 6. Formalities, documentation requirements and 
customs controls, in connection with traffic in 
transit, shall not be more burdensome than necessary to: 
(a) identify the goods; and 
(b) ensure fulfillment of transit requirements. 7. Once goods have been put under a transit procedure and have been authorized to proceed 
from the point of origination in a Member's 
territory, they will not be subject to any customs charges nor unnecessary delays or restrictions until 
they conclude their transit at the point of 
destination within the Member's territory. 8. Members shall not apply technical regulations 
and conformity assessment procedures within the 
meaning of the Agreement on Technical Barriers to Trade on goods in transit. 9. Members shall allow and provide for advance 
filing and processing of transit documentation and 
data prior to the arrival of goods. 10. Once traffic in transit has reached the 
customs office where it exits the territory of the  
 
 
South Africa supports the proposal to substitute "national" with "domestic".  
 
  
 
  
 
   
 
  
 
  
 
   
 
  
 
  
 
   
 
  
  
  WT/PCTF/W/9  
 
- 31 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
office where it exits the territory of the Member, 
that office shall promptly terminate the transit 
operation if transit requirements have been met. 
11.1. Where a Member requires a guarantee in the form of a surety, deposit or other appropriate monetary or non-monetary instrument for traffic in 
transit, such guarantee shal l be limited to ensuring 
that requirements arising from such traffic in transit are fulfilled. 
11.2 Once the Member has determined that its 
transit requirements have been satisfied, the guarantee shall be discharged without delay. 
11.3 Each Member shall, in a manner consistent 
with its laws and regulations, allow comprehensive guarantees which include multiple transactions for same operators or renewal of guarantees without 
discharge for subsequent consignments. 
11.4 Each Member shall make available to the public the relevant information it uses to set the 
guarantee, including single transaction and, where 
applicable, multiple transaction guarantee. 11.5 Each Member may require the use of customs 
convoys or customs escorts for traffic in transit 
only in circumstances presenting high risks or when compliance with customs laws and regulations cannot be ensured through the use of guarantees. 
General rules applicable to customs convoys or 
customs escorts shall be published in accordance with Article 1. 
12. Members shall endeavour to cooperate and 
coordinate with one another with a view to enhance freedom of transit. Such cooperation and 
coordination may include, but is not limited to an 
understanding on: i. charges; ii. formalities and legal requirements; and 
iii. the practical operation of transit regimes. 
13. Each Member shall endeavour to appoint a national transit coordinator to which all enquiries 
and proposals by other Members relating to the Member, that office shall promptly terminate the 
transit operation if transit requirements have been 
met. 
11. Where a Member requires a guarantee in the form of a surety, deposit or other appropriate monetary or non-monetary instrument for traffic in 
transit, such guarantee shall be limited to ensuring 
that requirements arising from such traffic in transit are fulfilled. 
12. Once the Member has determined that its 
transit requirements have been satisfied, the guarantee shall be discharged without delay. 
13. Each Member shall, in a manner consistent 
with its laws and regulations, allow comprehensive guarantees which include multiple transactions for same operators or renewal of guarantees without 
discharge for subsequent consignments. 
14. Each Member shall make publicly available  
the relevant information it uses to set the 
guarantee, including single transaction and, where 
applicable, multiple transaction guarantee. 15. Each Member may require the use of 
customs convoys or customs escorts for traffic in 
transit only in circumstances presenting high risks or when compliance with customs laws and regulations cannot be ensured through the use of 
guarantees. General rules applicable to customs 
convoys or customs escorts shall be published in accordance with Article 1. 
16. Members shall endeavour to cooperate and 
coordinate with one another with a view to enhancing freedom of transit. Such cooperation 
and coordination may include, but is not limited to 
an understanding on: (a) charges; (b) formalities and legal requirements; and 
(c) the practical operation of transit regimes. 
17. Each Member shall endeavour to appoint a [domestic] national  transit coordinator to which all 
enquiries and proposals by other Members relating  
 
 
   
 
  
 
  
 
   
 
South Africa supports the use of the words "publicly available" instead of "available to the 
public". 
  
 
   
 
  
 
  
 
   
 
South Africa prefers the word “national” in this context, Please refer to the Explanatory Note 9.  
  WT/PCTF/W/9  
 
- 32 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
good functioning of transit operations can be 
addressed.  to the good functioning of transit operations can be 
addressed. 
ARTICLE 12: CUSTOMS COOPERATION 1 Measures Promoting Compliance and Cooperation 
 
1.1. Members agree on the importance of ensuring that traders are aware of their compliance 
obligations, encouraging voluntary compliance to 
allow importers to self-correct without penalty in appropriate circumstances, and applying 
compliance measures to initiate stronger measures 
for non-compliant traders. 1.2. Members are encouraged to share information on best practices in managing customs compliance, 
including through the Committee on Trade 
Facilitation. Members are encouraged to cooperate in technical guidance or assistance in building 
capacity for the purposes of administering 
compliance measures, and enhancing their effectiveness.  SECTION 12: CUSTOMS COOPERATION 
Article 37 Measures Promoting Compliance and 
Cooperation 
 1. Members agree on the importance of ensuring 
that traders are aware of their compliance 
obligations, encouraging voluntary compliance to allow importers to self-correct without 
penalty in appropriate circumstances, and 
applying compliance measures to initiate stronger measures for non-compliant traders.  
 
2. Members are encouraged to share information 
on best practices in managing customs compliance, including through the Committee. 
 
Members are encouraged to cooperate in technical guidance or assistance in building capacity for the purposes of administering 
compliance measures, and enhancing their 
effectiveness.  
2 Exchange of Information 
 2.1. Upon request, and subject to the provisions of this Article, Members shall exchange the 
information set out in paragraph 6 b. and/or c. for 
the purpose of verifying an import or export declaration in identified cases where there are 
reasonable grounds to doubt the truth or accuracy 
of the declaration. 2.2. Each Member shall notify to the Committee the 
details of its contact point for the exchange of this 
information.  Article 38 
Exchange of Information  
1. Upon request, and subject to this Section, 
Members shall exchange the information set 
out in subparagraphs 1(b.) and/or 1(c.) of Article 42, for the purpose of verifying an 
import or export declaration in identified cases 
where there are reasonable grounds to doubt the truth or accuracy of the declaration. 
 
2. Each Member shall notify to the Committee 
the details of its contact point for the exchange of this information.   
  WT/PCTF/W/9  
 
- 33 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
3 Verification 
 
A Member shall make a request for information 
only after it has conducted appropriate verification procedures of an import declaration and after it has inspected the available relevant documentation.  Article 39 
Verification 
 
A Member shall make a request for information only after it has conducted appropriate verification procedures of an import or export declaration and 
after it has inspected the available relevant 
documentation.  
4 Request 
 4.1. The requesting Member shall provide the 
requested Member with a written request, through 
 
paper or electronic means in a mutually agreed 
WTO or other language, including: a. the matter at issue including, where appropriate 
and available, the serial number of the export 
declaration corresponding to the import declaration in question; 
b. the purpose for which the requesting Member is 
seeking the information or documents, along with the names and contact details of the persons about 
which the request relates, if known; 
c. where required by the requested Member, provide confirmation15 of the verification where appropriate. 
d. the specific information or documents requested;
 
e. the identity of the originating office making the 
request; 
f. reference to provisions of the requesting 
Member's domestic law and legal system that govern the collection, protection, use, disclosure, 
retention and disposal of confidential information 
and personal data; 4.2. If the requesting Member is not in a position to comply with any of the sub-paragraphs of 4.1, it 
shall specify this in the request. Article 40 
Request  
1. The requesting Member shall provide the 
requested Member with a written request, through paper or electronic means in a mutually agreed official language of the WTO or other language, 
including: 
 
(a) the matter at issue including, where 
appropriate and available, the serial 
number of the export declaration corresponding to the import declaration in 
question; 
(b)  the purpose for which the requesting 
Member is seeking the information or documents, along with the names and 
contact details of the persons about which 
the request relates, if known; 
(c) where required by the requested Member, 
confirmation  of the verification where 
appropriate. 
(d) the specific information or documents 
requested; 
(e)  the identity of the originating office 
making the request; 
(f) reference to provisions of the requesting 
Member's domestic law and legal system 
that govern the collection, protection, use, disclosure, retention and disposal of 
confidential information and personal data; 
  
 South Africa supports the proposal of the inclusion 
of the words "official language of the" by India.  
  WT/PCTF/W/9  
 
- 34 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
2. If the requesting Member is not in a position to 
comply with any of the subparagraphs of paragraph 
1 of this Article, it shall specify this in the request. 
 
5 Protection and confidentiality 
 
5.1. The requesting Member shall, subject to paragraph 5.2: 
a. hold all information or documents provided by 
the requested Member strictly in confidence and grant at least the same level of such protection and 
confidentiality as that provided under the domestic 
law and legal system of the requested Member as described by it under paragraphs 6.1 b. and 6.1 c.; b. provide the information or documents only to 
the customs authorities dealing with the matter at 
issue and use the information or documents solely for the purpose stated in the request unless the 
requested Member agrees otherwise in writing; 
c. not disclose the information or documents without the specific written permission of the 
requested Member; 
d. not use any unverified information or documents from the requested Member as the deciding factor towards alleviating the doubt in any given 
circumstance; 
e. respect any case-specific conditions set out by the requested Member regarding retention and 
disposal of confidential information or documents 
and personal data; and f. upon request, inform the requested Member of 
any decisions and actions taken on the matter as a 
result of the information or documents provided. 5.2. A requesting Member may be unable under its domestic law and legal system to comply with any 
of the sub-paragraphs of 5.1. If so, the requesting 
Member shall specify this in the request. 5.3. The Requested Member shall treat any 
request, and verification information, received 
under paragraph 4 with at least the same level of Article 41 
Protection and confidentiality 
 1. The requesting Member shall, subject to 
paragraph 5.2: 
(a) hold all information or documents provided by the requested Member strictly in confidence and 
grant at least the same level of such protection and 
confidentiality as that provided under the domestic law and legal system of the requested Member as described by it under paragraphs 6.subparagraphs 
1 (b) and 1 (c) of Article 42; 
(b) provide the information or documents only to the customs authorities dealing with the matter at 
issue and use the information or documents solely 
for the purpose stated in the request unless the requested Member agrees otherwise in writing; 
(c) not disclose the information or documents 
without the specific written permission of the requested Member; (d) not use any unverified information or 
documents from the requested Member as the 
deciding factor towards alleviating the doubt in any given circumstance; 
(e) respect any case-specific conditions set out by 
the requested Member regarding retention and disposal of confidential information or documents 
and personal data; and 
(f) upon request, inform the requested Member of any decisions and actions taken on the matter as a result of the information or documents provided. 
2. A requesting Member may be unable under its 
domestic law and legal system to comply with any of the subparagraphs of paragraph 1. If so, the 
requesting Member shall specify this in the request. 
3. The requested Member shall treat any request,   
  WT/PCTF/W/9  
 
- 35 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
protection and confidentiality accorded by the 
requested member to its own similar information.  and verification information, received under Article 
40 with at least the same level of protection and 
confidentiality accorded by the requested member 
to its own similar information. 
6 Provision of information 
6.1. Subject to the provisions of this article, the 
requested Member shall promptly: a. respond in writing, through paper or electronic 
means; 
b. provide the specific information as set out in the import or export declaration, or the declaration, to 
the extent it is available, along with a description of 
the level of protection and confidentiality required of the requesting Member; c. if requested, provide the specific information as 
set out in the following documents, or the 
documents, submitted in support of the import or export declaration, to the extent it is available: 
commercial invoice, packing list, certificate of origin 
and bill of lading, in the form in which these were filed, whether paper or electronic, along with a 
description of the level of protection and 
confidentiality required of the requesting Member; d. confirm that the documents provided are true copies; 
e. provide the information or otherwise respond to 
the request, to the extent possible, within 90 days from the date of the request. 
6.2. The requested Member may require, under its 
domestic law and legal system, an assurance prior to the provision of information that the specific 
information will not be used as evidence in criminal 
investigations, judicial proceedings, or in non-customs proceedings without the specific written permission of the requested Member. If the 
requesting Member is not in a position to comply 
with this requirement it should specify this to the requested Member. Article 42 
Provision of information 
 1. Subject to this Article, the requested Member 
shall promptly: 
(a) respond in writing, through paper or electronic means; 
(b) provide the specific information as set out in 
the import or export declaration, or the declaration, to the extent it is available, along with a description of the level of protection and 
confidentiality required of the requesting Member; 
(c) if requested, provide the specific information as set out in the following documents, or the 
documents, submitted in support of the import or 
export declaration, to the extent it is available: commercial invoice, packing list, certificate of origin 
and bill of lading, in the form in which these were 
filed, whether paper or electronic, along with a description of the level of protection and confidentiality required of the requesting Member; 
(d) confirm that the documents provided are true 
copies; (e) provide the information or otherwise respond to 
the request, to the extent possible, within 90 days 
from the date of the request.  
6.2. The requested Member may require, under its 
domestic law and legal system, an assurance prior to the provision of information that the specific information will not be used as evidence in criminal 
investigations, judicial proceedings, or in non-
customs proceedings without the specific written permission of the requested Member. If the 
requesting Member is not in a position to comply 
with this requirement, it should specify this to the   
  WT/PCTF/W/9  
 
- 36 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
requested Member. 
7 Postponement or refusal of a request 
7.1. A requested Member may postpone or refuse part or all of a request to provide information, and shall so inform the requesting Member of the 
reasons for doing so, where: 
a. it would be contrary to the public interest as reflected in the domestic law and legal system of 
the requested Member. 
b. its domestic law and le gal system prevents the 
release of the information. In such case it shall 
provide the requesting Member with a copy of the 
relevant, specific reference. c. the provision of the information would impede law enforcement or otherwise interfere with an on-
going administrative or judicial investigation, 
prosecution or proceeding. d. the consent of the importer or exporter is 
required by domestic law and legal system that 
govern the collection, protection, use, disclosure, retention and disposal of confidential information or 
personal data and that consent is not given. 
e. the request for information is received after the expiration of the legal requirement of the requested Member for the retention of documents. 
7.2. In the circumstances of paragraph 4.2, 5.2 or 
6.2 execution of such a request shall be at the discretion of the requested Member.  Article 43 
Postponement or refusal of a request  1. A requested Member may postpone or refuse 
part or all of a request to provide information, and 
shall so inform the requesting Member of the reasons for doing so, where: 
(a) it would be contrary to the public interest as 
reflected in the domestic law and legal system of the requested Member.;  
(b) its domestic law and legal system prevents the 
release of the information. In such case it shall provide the requesting Member with a copy of the relevant, specific reference.; 
(c) the provision of the information would impede 
law enforcement or otherwise interfere with an on-going administrative or judicial investigation, 
prosecution or proceeding.;  
(d) the consent of the importer or exporter is required by domestic law and legal system that 
govern the collection, protection, use, disclosure, 
retention and disposal of confidential information or personal data and that consent is not given.; (e) the request for information is received after the 
expiration of the legal requirement of the 
requested Member for the retention of documents. 2. In the circumstances set out in paragraph 2 of 
Article 40, paragraph 2 of Article 41 or paragraph 2 
of Article 42 execution of such a request shall be at the discretion of the requested Member.  
8 Reciprocity 
 
If the requesting Member is of the opinion that it 
would be unable to comply with a similar request in case such a request was made by the requested Member, or if it has not yet implemented this 
Article, it shall state that fact in its request. 
Execution of such a request shall be at the discretion of the requested Member.  Article 44 
Reciprocity  
 
If the requesting Member is of the opinion that it would be unable to comply with a similar request if it was made by the requested Member, or if it has 
not yet implemented this Section, it shall state that 
fact in its request. Execution of such a request shall be at the discretion of the requested Member.   
  WT/PCTF/W/9  
 
- 37 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
9 Administrative burden 
9.1. The requesting Member shall take into account 
the associated resource and cost implications for 
the requested Member's administration in responding to requests for information. The requesting Member shall consider the 
proportionality between its fiscal interest in 
pursuing its request and the efforts to be made by the requested Member in providing the information.
 
9.2. If a requested Member receives an unmanageable number of requests for information, or a request for information of unmanageable 
scope from one or more requesting Member(s), 
and is unable to meet such requests within a reasonable time it may request one or more of the requesting Member(s) to prioritize with a view to 
agreeing on a practical limit within its resource 
constraints. In the absence of a mutually-agreed approach, the execution of such requests shall be 
at the discretion of the requested Member based on 
the results of its own prioritization.  Article 45 
Administrative burden 
 
1. The requesting Member shall take into account the associated resource and cost implications for the requested Member's administration in 
responding to requests for information. The 
requesting Member shall consider the proportionality between its fiscal interest in 
pursuing its request and the efforts to be made by 
the requested Member in providing the information.
 
 
2. If a requested Member receives an 
unmanageable number of requests for information, or a request for information of unmanageable scope from one or more requesting Member(s), and 
is unable to meet such requests within a 
reasonable time it may request one or more of the requesting Member(s) to prioritize with a view to 
agreeing on a practical limit within its resource 
constraints. In the absence of a mutually-agreed approach, the execution of such requests shall be 
at the discretion of the requested Member based on 
the results of its own prioritization.  
10 Limitations 
 
Requested Members shall not be required to:  
a. modify the format of their import or export 
declarations or procedures;  b. call for documents other than those submitted 
with the import or export declaration as specified in 
paragraph 6 c.; c. initiate enquiries to obtain the information; d. modify the period of retention of such 
information; 
e. introduce paper documentation where electronic format has already been introduced; 
f. translate the information; 
g. verify the accuracy of the information; Article 46 
Limitations 
 Requested Members shall not be required to: 
 
(a)modify the format of their import or export declarations or procedures; 
(b) call for documents other than those submitted 
with the import or export declaration as specified in subparagraph 1(c) of Article 42; (c) initiate enquiries to obtain the information; 
(d) modify the period of retention of such 
information; (e) introduce paper documentation where 
electronic format has already been introduced; 
(f) translate the information;   
  WT/PCTF/W/9  
 
- 38 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
h. provide information that would prejudice the 
legitimate commercial interests of particular 
enterprises, public or private.  (g) verify the accuracy of the information; 
(h) provide information that would prejudice the 
legitimate commercial interests of particular 
enterprises, public or private. 
11 Unauthorized use or disclosure 
 
11.1. In the event of any breach of the conditions of use or disclosure of information exchanged 
under this Article, the requesting Member that 
received the information shall promptly communicate the details of such unauthorized use 
or disclosure to the requested Member that 
provided the information, and: a. take necessary measures to remedy the breach; b. take necessary measures to prevent any future 
breach; and 
c. notify the requested Member of the measures taken under sub-paragraphs a. and b. above. 
11.2. The requested Member may suspend its 
obligations to the requesting Member under this Article until the measures set out in paragraph 11.1 
have been taken.  Article 47 
Unauthorized use or disclosure 
 1. In the event of any breach of the conditions of 
use or disclosure of information exchanged under 
this Section, the requesting Member that received the information shall promptly communicate the 
details of such unauthorized use or disclosure to 
the requested Member that provided the information, and: (a) take necessary measures to remedy the 
breach; 
(b) take necessary measures to prevent any future breach; and 
(c) notify the requested Member of the measures 
taken under subparagraphs a. and b.  2. The requested Member may suspend its 
obligations to the requesting Member under this 
Section until the measures set out in paragraph 1 have been taken.  
12 Bilateral and regional agreements 
 12.1. Nothing in this Article shall prevent a Member 
from entering into or maintaining a bilateral, 
plurilateral, or regional agreement for sharing  or exchange of customs information and data, 
including on a secure and rapid basis such as on an 
automatic basis or in advance of the arrival of the consignment. 
12.2. Nothing in this Article shall be construed to 
alter or affect Members' rights or obligations under such bilateral, plurilateral or regional agreements or to govern the exchange of customs information 
and data under such other agreements.  Article 48 
Bilateral and regional agreements  
1. Nothing in this Section shall prevent a Member 
from entering into or maintaining a bilateral, plurilateral, or regional agreement for sharing or 
exchange of customs information and data, 
including on a secure and rapid basis such as on an automatic basis or in advance of the arrival of the 
consignment. 
 2. Nothing in this Section shall be construed as altering or affecting Members' rights or obligations 
under such bilateral, plurilateral or regional 
agreements or as governing the exchange of customs information and data under such other   
  WT/PCTF/W/9  
 
- 39 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
agreements. 
ARTICLE 13: INSTITUTIONAL ARRANGEMENTS  
1 COMMITTEE ON TRADE FACILITATION 
1.1. A Committee on Trade Facilitation is hereby established. 
1.2. The Committee shall be open for participation 
by all Members and shall elect its own Chairperson. The Committee shall meet as needed and 
envisaged by the relevant provisions of this 
Agreement, but no less than once a year, for the purpose of affording Members the opportunity to 
consult on any matters related to the operation of 
this Agreement or the furtherance of its objectives. The Committee shall carry out such responsibilities as assigned to it under this Agreement or by the 
Members. The Committee shall establish its own 
rules of procedure. 1.3. The Committee may establish such subsidiary 
bodies as may be required. All such bodies shall 
report to the Committee. 1.4. The Committee shall develop procedures for 
sharing by Members of relevant information and 
best practices as appropriate. 1.5. The Committee shall maintain close contact with other international organizations in the field of 
trade facilitation, such as the World Customs 
Organization, with the objective of securing the best available advice for the implementation and 
administration of this Agreement and in order to 
ensure that unnecessary duplication of effort is avoided. To this end, the Committee may invite 
representatives of such organizations or their 
subsidiary bodies to: a. attend meetings of the Committee; and b. discuss specific matters related to the 
implementation of this Agreement. 
1.6. The Committee shall review the operation and implementation of this Agreement 4 years from its 
entry into force, and periodically thereafter. 
1.7. Members are encouraged to raise before the SECTION 13: INSTITUTIONAL 
ARRANGEMENTS Article 49 Committee on Trade Facilitation 
 
1. A Committee on Trade Facilitation is hereby established. 
2. The Committee shall be open for participation by 
all Members and shall elect its own Chairperson. The Committee shall meet as needed and 
envisaged by the relevant provisions of this 
Agreement, but no less than once a year, for the purpose of affording Members the opportunity to consult on any matters related to the operation of 
this Agreement or the furtherance of its objectives. 
The Committee shall carry out such responsibilities as assigned to it under this Agreement or by the 
Members. The Committee shall establish its own 
rules of procedure. 3. The Committee may establish such subsidiary 
bodies as may be required. All such bodies shall 
report to the Committee. 4. The Committee shall develop procedures for sharing by Members of relevant information and 
best practices as appropriate. 
5. The Committee shall maintain close contact with other international organizations in the field of 
trade facilitation, such as the World Customs 
Organization, with the objective of securing the best available advice for the implementation and 
administration of this Agreement and in order to 
ensure that unnecessary duplication of effort is avoided. To this end, the Committee may invite representatives of such organizations or their 
subsidiary bodies to: 
(a) attend meetings of the Committee; and (b) discuss specific matters related to the 
implementation of this Agreement. 
6. The Committee shall review the operation and South Africa supports India’s proposal to move this 
article to Part/Section III.  
  WT/PCTF/W/9  
 
- 40 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
Committee questions relating to issues on the 
implementation and application of this Agreement. 
1.8. The Committee shall encourage and facilitate 
ad hoc discussions among Members on specific issues under this Agreement, with a view to reaching a mutually satisfactory solution promptly. implementation of this Agreement four years from 
its entry into force, and periodically thereafter. 
7. Members are encouraged to raise before the 
Committee questions relating to issues on the implementation and application of this Agreement. 8. The Committee shall encourage and facilitate ad 
hoc discussions among Members on specific issues 
under this Agreement, with a view to reaching a mutually satisfactory solution promptly. 
2 NATIONAL COMMITTEE ON TRADE FACILITATION 
Each Member shall establish and/or maintain a 
national committee on trade facilitation or designate an existing mechanism to facilitate both domestic coordination and implementation of 
provisions of this Agreement.  Article 50 
National Committee on Trade Facilitation 
 
Each Member shall establish and/or maintain a national committee on trade facilitation or designate an existing mechanism to facilitate both 
domestic coordination and implementation of this 
Agreement. South Africa prefers the use of the word “National” 
instead of “Domestic” in this Article. 
SECTION II SPECIAL AND DIFFERENTIAL TREATMENT PROVISIONS FOR DEVELOPING COUNTRY 
MEMBERS AND LEAST DEVELOPED COUNTRY 
MEMBERS 1 General Principles 
 
1.1. The provisions contained in Articles 1 to 12 of this Agreement shall be implemented by developing and least developed country Members 
in accordance with this Section, which is based on 
the modalities agreed in Annex D of the July 2004 Framework Agreement (WT/L/579) and paragraph 
33 and Annex E of the Hong Kong Ministerial 
Declaration (WT/MIN(05)/DEC). 1.2. Assistance and support for capacity building 
should be provided to help developing and least-
developed country Members implement the provisions of this agreement, in accordance with their nature and scope. The extent and the timing 
of implementing the provisions of this Agreement 
shall be related to the implementation capacities of developing and least-developed country Members. PART II 
SPECIAL AND DIFFERENTIAL TREATMENT PROVISIONS FOR DEVELOPING COUNTRY 
MEMBERS AND LEAST -DEVELOPED COUNTRY 
MEMBERS Article 51 
General Principles 
 1. Articles 1 to 1248 of Part I of this Agreement shall be implemented by developing and least -
developed country Members in accordance with this 
Section, which is based on the modalities agreed in Annex D of the July 2004 Framework Agreement 
(WT/L/579) and in paragraph 33 of and Annex E to 
the Hong Kong Ministerial Declaration (WT/MIN(05)/DEC).  
2. Assistance and support for capacity building 
should be provided to help developing and least-developed country Members implement the provisions of this agreement, in accordance with 
their nature and scope. The extent and the timing 
of implementing the provisions of this Agreement shall be related to the implementation capacities of   
  WT/PCTF/W/9  
 
- 41 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
Where a developing or least developed country 
Member continues to lack the necessary capacity, 
implementation of the provision(s) concerned will 
not be required until implementation capacity has been acquired. 1.3. Least developed country Members will only be 
required to undertake commitments to the extent 
consistent with their individual development, financial and trade needs or their administrative 
and institutional capabilities. 
1.4. These principles shall be applied through the provisions set out in Section II. developing and least developed country Members. 
Where a developing or least developed country 
Member continues to lack the necessary capacity, 
implementation of the provision(s) concerned will not be required until implementation capacity has been acquired. 
3. Least-developed country Members will only be 
required to undertake commitments to the extent consistent with their individual development, 
financial and trade needs or their administrative 
and institutional capabilities. 4. These principles shall be applied through the 
provisions set out in this Part. 
2 CATEGORIES OF PROVISIONS 
2.1 There are three categories of provisions: 
 
a. Category A contains provisions that a developing country Member or a least-developed country 
Member designates for implementation upon entry 
into force of this Agreement, or in the case of a least developed country Member within one year 
after entry into force, as provided in paragraph 3. 
b. Category B contains provisions that a developing country Member or a least-developed country Member designates for implementation on a date 
after a transitional period of time following the 
entry into force of this Agreement, as provided in paragraph 4. 
c. Category C contains provisions that a developing 
country Member or a least-developed country Member designates for implementation on a date 
after a transitional period of time following the 
entry into force of this Agreement and requiring the acquisition of implementation capacity through the provision of assistance and support for capacity 
building, as provided for in paragraph 4. 
2.2. Each developing country and least developed country Member shall self-designate, on an 
individual basis, the provisions it is including under 
each of the Categories A, B and C.  Article 52 
Categories of provisions 
 
1. There are three categories of provisions: (a) Category A contains provisions that a 
developing country Member or a least -developed 
country Member designates for implementation upon entry into force of this Agreement, or in the 
case of a least -developed country Member within 
one year after entry into force, as provided in paragraph 3.Article 53;  (b) Category B contains provisions that a 
developing country Member or a least -developed 
country Member designates for implementation on a date after a transitional period of time following 
the entry into force of this Agreement, as provided 
in paragraph 4.Article 54;  (c) Category C contains provisions that a 
developing country Member or a least -developed 
country Member designates for implementation on a date after a transitional period of time following the entry into force of this Agreement and requiring 
the acquisition of implementation capacity through 
the provision of assistance and support for capacity building, as provided for in paragraph 4Article 54. 
2. Each developing country and least -developed 
country Member shall self-designate, on an   
  WT/PCTF/W/9  
 
- 42 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
individual basis, the provisions it is including under 
each of the Categories A, B and C. 
3 Notification and Implementation of Category A  
3.1. Upon entry into force of this Agreement, each 
developing country Member shall implement its Category A commitments. Those commitments 
designated under Category A will thereby be made 
an integral part of this Agreement. 3.2. A least developed country Member may notify 
the Committee of the provisions it has designated 
in Category A for up to one year after entry into force of this Agreement. Each least developed country Member's commitments designated under 
Category A will thereby be made an integral part of 
this Agreement.  Article 53 
Notification and Implementation of Category A 
 
1. Upon entry into force of this Agreement, each developing country Member shall implement its 
Category A commitments. Those commitments 
designated under Category A shall thereby be made an integral part of this Agreement. 
2. A least -developed country Member may notify 
the Committee of the provisions it has designated in Category A for up to one year after entry into force of this Agreement. Each least -developed 
country Member's commitments designated under 
Category A shall thereby be made an integral part of this Agreement.  
  
4 Notification of Definitive Dates for Implementation of Category B and Category C 
 
4.1. With respect to the provisions that a developing country Member has not designated in 
Category A, the Member may delay implementation 
in accordance with the process set out in this paragraph.  
Developing Country Member Category B 
 a. Upon entry into force of this Agreement, each 
developing country Member shall notify to the 
Committee the provisions that it has designated in Category B and corresponding indicative dates for 
implementation. 
b. No later than one year after entry into force of this Agreement, each developing country Member shall notify to the Committee its definitive dates for 
implementation of the provisions it has designated 
in Category B. If a developing country Member, before this deadline, believes it requires additional Article 54 
Notification of Definitive Dates for 
Implementation of Category B and Category C 
 1. With respect to the provisions that a developing 
country Member has not designated in Category A, 
the Member may delay implementation in accordance with the process set out in this paragraph. 
Developing Country Member Category B 
(a) Upon entry into force of this Agreement, each developing country Member shall notify to the 
Committee the provisions that it has designated in 
Category B and corresponding indicative dates for implementation. 
(b) No later than one year after entry into force of 
this Agreement, each developing country Member shall notify to the Committee its definitive dates for implementation of the provisions it has designated 
in Category B. If a developing country Member, 
before this deadline, believes it requires additional time to notify its definitive dates, the Member may  
 
 
  
 
   
 
  
 
  
 
   
 
   
  WT/PCTF/W/9  
 
- 43 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
time to notify its definitive dates, the Member may 
request that the Committee extend the period 
sufficient to notify its dates. 
 Developing Country Member Category C  
c. Upon entry into force of this Agreement, each 
developing country Member shall notify to the Committee the provisions that it has designated in 
Category C and corresponding indicative dates for 
implementation. For transparency purposes, notifications submitted shall include information on 
the assistance and support for capacity building 
that the Member requires in order to implement. d. Within one year after entry into force of this Agreement, developing country Members and 
relevant donor Members, taking into account any 
existing arrangements already in place, notifications pursuant to paragraph 10.1 and 
information submitted pursuant to sub-paragraph 
c. above, shall provide information to the Committee on the arrangements maintained or 
entered into that are necessary to provide 
assistance and support for capacity building to enable implementation of Category C. The participating developing country Member shall 
promptly inform the Committee of such 
arrangements. The Committee shall also invite non-Member 
donors to provide information on existing or 
concluded arrangements. e. Within 18 months from the date of the provision 
of the information stipulated in subparagraph 4.1 
d., donor Members and respective developing country Members shall inform the Committee on progress in the provision of assistance and support. 
Each developing country Member shall, at the same 
time, notify its list of definitive dates for implementation. 
 request that the Committee extend the period 
sufficiently to notify its dates. 
Developing Country Member Category C 
(c) Upon entry into force of this Agreement, each developing country Member shall notify to the Committee the provisions that it has designated in 
Category C and corresponding indicative dates for 
implementation. For transparency purposes, notifications submitted shall include information on 
the assistance and support for capacity building 
that the Member requires in order to implement. . (d) Within one year after entry into force of this 
Agreement, developing country Members and 
relevant donor Members, taking into account any existing arrangements already in place, notifications pursuant to paragraph 10.11 of Article 
60 and information submitted pursuant to 
subparagraph (c), shall provide information to the Committee on the arrangements maintained or 
entered into that are necessary to provide 
assistance and support for capacity building to enable implementation of Category C.  The 
participating developing country Member shall 
promptly inform the Committee of such arrangements. The Committee shall also invite non-Member donors to provide information on 
existing or concluded arrangements. 
(e) Within 18 months from the date of the provision of the information provided for in sub-
paragraph 1 (d), donor Members and respective 
developing country Members shall inform the Committee on progress in the provision of 
assistance and support. Each developing country 
Member shall, at the same time, notify its list of definitive dates for implementation. 2. With respect to those provisions that a least 
developed country Member has not designated 
under Category A, least developed country Members may delay implementation in accordance 
with the process set forth in this paragraph.  
 
 
   
 
  
 
  
 
   
 
  
 
  
 
   
 
  
 
  
 
   
 
  
  
  WT/PCTF/W/9  
 
- 44 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
4.2. With respect to those provisions that a least 
developed country Member has not designated 
under Category A, least developed country 
Members may delay implementation in accordance with the process set forth in this paragraph. Least Developed Country Member Category B 
a. No later than one year after entry into force of 
this Agreement, a least-developed country Member shall notify the Committee its Category B 
provisions and may notify corresponding indicative 
dates for implementation of these provisions, taking into account maximum flexibilities for least 
developed country Members. 
b. No later than two years after the notification date stipulated under sub-paragraph a. above, each least developed country Member shall 
notify the Committee to confirm designations of 
provisions and notify its dates for implementation. If a least-developed country Member, before this 
deadline, believes it requires additional time to 
notify its dates.  
Least Developed Country Member Category C 
 c. For transparency purposes and to facilitate arrangements with donors, one year after entry 
into force of this Agreement each least developed 
country Member shall notify the Committee of the provisions it has designated in Category C, taking 
into account maximum flexibilities for least 
developed country Members. d. One year after the date stipulated in sub-
paragraph c. above, least developed country 
Members shall notify information on assistance and support for capacity building that the Member requires in order to implement.  
e.Within two years after the notification under sub-
paragraph d. above, least-developed country Members and relevant donor Members, taking into 
account information submitted pursuant to sub-Least developed Country Member Category B 
(a) No later than one year after entry into force of 
this Agreement, a least -developed country 
Member shall notify the Committee its Category B provisions and may notify corresponding indicative dates for implementation of these provisions, 
taking into account maximum flexibilities for least -
developed country Members. (b) No later than two years after the notification 
date provided for under subparagraph (a), each 
least -developed country Member shall notify the Committee to confirm designations of provisions 
and notify its definitive dates for implementation. If 
a least-developed country Member, before this deadline, believes it requires additional time to notify its definitive dates, the Member may request 
that the Committee extend the period sufficiently 
to notify its definitive dates. Least Developed-developed  Country Member 
Category C 
(c) For transparency purposes and to facilitate arrangements with donors, one year after entry 
into force of this Agreement each least -developed 
country Member shall notify the Committee of the provisions it has designated in Category C, taking into account maximum flexibilities for least-
developed country Members. 
(d) One year after the date provided for in sub-paragraph subparagraph (c. above,), least -
developed country Members shall notify 
information on assistance and support for capacity building that the Member requires in order to 
implement the provisions.  
(e) Within two years after the notification under sub-paragraph subparagraph (d. above,), least-developed country Members and relevant donor 
Members, taking into account information 
submitted pursuant to sub-paragraph d. above, subparagraph 2(d), shall provide information to the 
Committee on the arrangements maintained or  
 
 
   
 
  
 
  
 
   
 
  
 
  
 
   
 
  
 
 South Africa supports then proposal by India to 
insert the words “the provisions” after implement. 
   
 
  
  
  WT/PCTF/W/9  
 
- 45 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
paragraph d. above, shall provide information to 
the Committee on the arrangements maintained or 
entered into that are necessary to provide 
assistance and support for capacity building to enable implementation of Category C. The participating least developed country Member shall 
promptly inform the Committee of such 
arrangements. The least developed country Member shall, at the same time, notify indicative 
dates for implementation of corresponding 
Category C commitments covered by the assistance arrangements. The Committee shall also 
invite non-Member donors to provide information 
on existing and concluded arrangements. f. Within 18 months from the date of the provision of the information stipulated in subparagraph 4.2 
e., relevant donor Members and respective least 
developed country Members shall inform the Committee on progress in the provision of 
assistance and support. Each least-developed 
country Member shall, at the same time, notify its list of definitive da tes for implementation. 
4.3. Developing country Members and least 
developed country Members experiencing difficulties in submitting definitive dates for implementation within the deadlines set out in 
paragraphs 4.1 and 4.2 because of the lack of 
donor support or lack of progress in the provision of assistance and support should notify the 
Committee as early as possible prior to the 
expiration of those deadlines. Members agree to cooperate to assist in addressing 
such difficulties, taking into account the particular 
circumstances and special problems facing the Member concerned. The Committee shall, as appropriate, take action to address the difficulties 
including, where necessary, by extending the 
deadlines for the Member concerned to notify its definitive dates. 
4.4. Three months before the deadline stipulated in entered into that are necessary to provide 
assistance and support for capacity building to 
enable implementation of Category C.  The 
participating least -developed country Member shall promptly inform the Committee of such arrangements. The least -developed country 
Member shall, at the same time, notify indicative 
dates for implementation of corresponding Category C commitments covered by the assistance 
arrangements. The Committee shall also invite 
non-Member donors to provide information on existing and concluded arrangements. 
(f) Within 18 months from the date of the provision 
of the information provided for in sub-paragraph 4.2 (e.,), relevant donor Members and respective least -developed country Members shall inform the 
Committee on progress in the provision of 
assistance and support. Each least-developed country Member shall, at the same time, notify its 
list of definitive da tes for implementation. 
3. Developing country Members and least -developed country Members experiencing 
difficulties in submitting definitive dates for 
implementation within the deadlines set out in paragraphs 4.1 and 4.2 because of the lack of donor support or lack of progress in the provision 
of assistance and support should notify the 
Committee as early as possible prior to the expiration of those deadlines. Members agree to 
cooperate to assist in addressing such difficulties, 
taking into account the particular circumstances and special problems facing the Member 
concerned. The Committee shall, as appropriate, 
take action to address the difficulties including, where necessary, by extending the deadlines for the Member concerned to notify its definitive dates. 
4. Three months before the deadline provided for in 
paragraph 4.subparagraph 1 (b.) or 4.1 (e.,), or in the case of a least -developed country Member 
paragraph 4.subparagraph 2 (b.) or 4.2 (f.,), the  
 
 
   
 
  
 
  
 
   
 
  
 
  
 
   
 
  
 
  
 
   
 
  
  
  WT/PCTF/W/9  
 
- 46 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
paragraph 4.1 b. or 4.1 e., or in the case of a least 
developed country Member paragraph 4.2 b. or 4.2 
f., the Secretariat shall remind a Member if that 
Member has not notified a definitive date for implementation of provisions that it has designated in Category B or C. If the Member does not invoke 
paragraph 4.3 or paragraph 4.1 b., or in the case 
of a least developed country Member paragraph 4.2 b., to extend the deadline and still does not 
notify a definitive date for implementation, the 
Member shall implement the provisions within one year after the deadline stipulated in paragraph 4.1 
b. or 4.1 e., or in the case of a least developed 
country Member paragraph 4.2 b. or 4.2 f., or extended by paragraph 4.3.  Secretariat shall remind a Member if that Member 
has not notified a definitive date for 
implementation of provisions that it has designated 
in Category B or C. If the Member does not invoke paragraph 4.3 or in the case of a developing 
country Member  paragraph 4.subparagraph 1 
(b.,), or in the case of a least -developed country 
Member paragraph 4.subparagraph 2 (b.,), to extend the deadline and still does not notify a 
definitive date for implementation, the Member 
shall implement the provisions within one year after the deadline provided for in paragraph 
4.subparagraph 1 (b.) or 4.1 (e.,), or in the case of 
a least -developed country Member paragraph 4.subparagraph 2 (b.) or 4.2 (f.,), or extended by paragraph 4.3. 
5. No later than 60 days after the dates for 
notification of definitive dates for implementation of Category B and Category C in accordance with 
paragraphs 4.1, 4.2 or 4.3, the Committee shall 
take note of the annexes containing each Member's definitive dates for implementation of Category B 
and Category C provisions, including any dates set 
under paragraph 4.4, thereby making these annexes an integral part of this Agreement.  
 
 
 South Africa supports the proposal by India to insert the words "in case of a developing country 
Member" after or. 
  
5 Early Warning Mechanism: Extension of Implementation Dates for Provisions in Categories B and C 
 
5.1. a. A developing country Member or least developed country Member that considers itself to 
be experiencing difficulty in implementing a 
provision that it has designated in Category B or Category C by the definitive date established under paragraph 4.1 b. or 4.1 e., or in the case of a 
least-developed country Member paragraph 4.2 b. 
or 4.2 f., and should notify the Committee. Developing countries shall notify the Committee no 
later than 120 days before the expiration of the 
implementation date. Least developed countries Article 55 
Early Warning Mechanism: Extension of Implementation Dates for Provisions in 
Categories B and C 
 1. (a) A developing country Member or least -
developed country Member that considers itself to 
be experiencing difficulties in implementing a provision that it has designated in Category B or Category C by the definitive date established under 
subparagraph 1 (b) or 1 (e) of Article 54, or in the 
case of a least-developed country Member paragraph 4.subparagraph 2 (b) or 2(f) of Article 
54, shall notify the Committee. Developing 
countries shall notify the Committee no later than   
  WT/PCTF/W/9  
 
- 47 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
shall notify the Committee no later than 90 days 
before such date. 
b. The notification to the Committee shall indicate 
the new date by which the developing country Member or least developed country Member expects to be able to implement the provision 
concerned. The notification shall also indicate the 
reasons for the expected delay in implementation. Such reasons may include the need for assistance 
not earlier anticipated or additional assistance to 
help build capacity. 5.2. Where a developing country Member's request 
for additional time for implementation does not 
exceed 18 months or a least developed country Member's request for additional time does not exceed 3 years, the requesting Member is entitled 
to such additional time without any further action 
by the Committee. 5.3. Where a developing country or least developed 
country Member considers that it requires a first 
extension longer than that provided for in paragraph 5.2 or a second or any subsequent 
extension, it shall submit to the Committee a 
request for an extension containing the information described in 5.1 b. no later than 120 days in respect of a developing country and 90 days in 
respect of a least developed country before the 
expiration of the original definitive implementation date or that date as subsequently extended. 
5.4. The Committee shall give sympathetic 
consideration to granting requests for extension taking into account the specific circumstances of 
the Member submitting the request. These 
circumstances may include difficulties and delays in obtaining assistance.  120 days before the expiration of the definitive 
implementation date. Least developed countries 
shall notify the Committee no later than 90 days 
before such definitive date. (b) The notification to the Committee shall indicate the new date by which the developing country 
Member or least -developed country Member 
expects to be able to implement the provision concerned. The notification shall also indicate the 
reasons for the expected delay in implementation. 
Such reasons may include the need for assistance not earlier anticipated or additional assistance to 
help build capacity. 
2. Where a developing country Member's request for additional time for implementation does not exceed 18 months or a least -developed country 
Member's request for additional time does not 
exceed 3 years, the requesting Member is entitled to such additional time without any further action 
by the Committee. 
3. Where a developing country or least -developed country Member considers that it requires a first 
extension longer than that provided for in 
paragraph 5.2 or a second or any subsequent extension, it shall submit to the Committee a request for an extension containing the information 
described in subparagraph 1 (b) no later than 120 
days in respect of a developing country and 90 days in respect of a least -developed country 
before the expiration of the original definitive 
implementation date or that date as subsequently extended. 
4. The Committee shall give sympathetic 
consideration to granting requests for extension taking into account the specific circumstances of the Member submitting the request. These 
circumstances may include difficulties and delays in 
obtaining assistance. 
6 Implementation of Category B and Category C Article 56 
Implementation of Category B and Category C  
  
  WT/PCTF/W/9  
 
- 48 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
 
6.1. In accordance with paragraph 1.2, if a 
developing country Member or a least-developed 
country Member, having fulfilled the procedures set forth in sub-paragraph 4.1 or 4.2 and in paragraph 5, and where an extension requested has not been 
granted or where the developing country Member 
or least developed country Member otherwise experiences unforeseen circumstances that 
prevents an extension being granted under 
paragraph 5, self-assesses that its capacity to implement a provision under Category C continues 
to be lacking, that Member shall notify the 
Committee of its inability to implement the relevant provision. 6.2. The Trade Facilitation Committee shall 
immediately establish an Expert Group, and in any 
case no later than 60 days after the Committee receives the notification from the relevant 
developing country Member or least developed 
country Member. The Expert Group will examine the issue and make a recommendation to the 
Committee within 120 days of its composition. 
6.3. The Expert Group shall be composed of five independent persons, highly qualified in the fields of trade facilitation and assistance and support for 
capacity building. The composition of the Expert 
Group shall ensure balance between nationals from developing and developed country Members. Where 
a least developed country Member is involved, the 
Expert Group shall include at least one national from a least developed country. If the Committee 
cannot agree on the composition of the Expert 
Group within 20 days of its establishment, the Director-General, in consultation with the chair of the Committee, shall determine the composition of 
the Expert Group in accordance with the terms of 
this paragraph. 6.4. The Expert Group shall consider the Member's 
self-assessment of lack of capacity and shall make  
1. In accordance with paragraph 2 of Article 51, if a 
developing country Member or a least -developed 
country Member, having fulfilled the procedures set out in paragraph 1 or 2 of Article 54 and in paragraph Article 55, and where an extension 
requested has not been granted or where the 
developing country Member or least -developed country Member otherwise experiences unforeseen 
circumstances that prevent an extension being 
granted under Article 55, self-assesses that its capacity to implement a provision under Category 
C continues to be lacking, that Member shall notify 
the Committee of its inability to implement the relevant provision. 2. The Trade Facilitation Committee shall 
immediately establish an Expert Group, and in any 
case no later than 60 days after the Committee receives the notification from the relevant 
developing country Member or least -developed 
country Member. The Expert Group shall examine the issue and make a recommendation to the 
Committee within 120 days of its composition. 
3. The Expert Group shall be composed of five independent persons, highly qualified in the fields of trade facilitation and assistance and support for 
capacity building. The composition of the Expert 
Group shall ensure balance between nationals from developing and developed country Members. Where 
a least -developed country Member is involved, the 
Expert Group shall include at least one national from a least -developed country. If the Committee 
cannot agree on the composition of the Expert 
Group within 20 days of its establishment, the Director-General, in consultation with the chair of the Committee, shall determine the composition of 
the Expert Group in accordance with the terms of 
this paragraph.  4. The Expert Group shall consider the Member's 
self-assessment of lack of capacity and shall make  
 
 
   
 
  
 
  
 
   
 
  
 
  
 
   
 
  
 
  
 
   
 
  
  
  WT/PCTF/W/9  
 
- 49 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
a recommendation to the Trade Facilitation 
Committee. When considering the Expert Group's 
recommendation concerning a least developed 
country Member, the Committee shall, as appropriate, take action that will facilitate the acquisition of sustainable implementation capacity. 
6.5. The Member shall not be subject to 
proceedings under the Dispute Settlement Understanding on this issue from the time the 
developing country Member notifies the Committee 
of its inability to implement the relevant provision until the first meeting of the Committee after it 
receives the recommendation of the Expert Group. 
At that meeting, the Committee shall consider the recommendation of the Expert Group. For the least developed country Member, the proceedings under 
the Dispute Settlement Understanding shall not 
apply on the respective provision from the date of notification to the Committee of its inability to 
implement the provision until the Committee 
makes a decision on the issue, or within 24 months after the first Committee meeting set out above, 
whichever is the earlier. 
6.6. Where a least developed country Member loses its ability to implement a Category C commitment, it may inform the Committee and 
follow the procedures set out in paragraph 6.  a recommendation to the Trade Facilitation 
Committee. When considering the Expert Group's 
recommendation concerning a least -developed 
country Member, the Committee shall, as appropriate, take action that will facilitate the acquisition of sustainable implementation capacity. 
5. The Member shall not be subject to proceedings 
under the Dispute Settlement Understanding on this issue from the time the developing country 
Member notifies the Committee of its inability to 
implement the relevant provision until the first meeting of the Committee after it receives the 
recommendation of the Expert Group. At that 
meeting, the Committee shall consider the recommendation of the Expert Group. For the least -developed country Member, the proceedings under 
the Dispute Settlement Understanding  shall not 
apply on the respective provision from the date of notification to the Committee of its inability to 
implement the provision until the Committee 
makes a decision on the issue, or within 24 months after the first Committee meeting set out above, 
whichever is the earlier. 
6. Where a least -developed country Member loses its ability to implement a Category C commitment, it may inform the Committee and follow the 
procedures set out in paragraph 6 this Article.  
 
 
   
 
  
 
  
 
   
South Africa proposes that the referencing of the 
DSU is uniform with other WTO Agreements. 
7 Shifting between Categories B and C 
 
7.1. Developing Country Members and least developed country Members who have notified 
provisions under Categories B and C may shift 
provisions between such categories through the submission of a notification to the Committee. Where a Member proposes to shift a provision from 
Category B to C, the Member shall provide 
information on the assistance and support required to build capacity. 
7.2. In the event that additional time is required to 
implement a provision as a result of it having been Article 57 
Shifting between Categories B and C 
 1. Developing Country Members and least -
developed country Members who have notified 
provisions under Categories B and C may shift provisions between such categories through the submission of a notification to the Committee. 
Where a Member proposes to  shift a provision from 
Category B to Category C, the Member shall provide information on the assistance and support 
required to build capacity. 
2. In the event that additional time is required to   
  WT/PCTF/W/9  
 
- 50 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
shifted from Category B to Category C, the Member 
may: 
a. use the provisions of paragraph 5, including the 
opportunity for an automatic extension; or b. request an examination by the Committee of the 
Member's request for extra time to implement the 
provision and, if necessary, for assistance and support for capacity building, including the 
possibility of a review and recommendation by the 
Expert Group under paragraph 6; or c. in the case of a least developed country Member, 
any new implementation date of more than four 
years after the original date notified under Category B shall require approval by the Committee. In addition, a least developed country 
continues to have recourse to paragraph 5. It is 
understood that assistance and support for capacity building is required for a least developed country 
Member so shifting.  implement a provision as a result of it having been 
shifted from Category B to Category C, the Member 
may: 
(a) use the provisions of Article 55, including the opportunity for an automatic extension; or (b) request an examination by the Committee of 
the Member's request for extra time to implement 
the provision and, if necessary, for assistance and support for capacity building, including the 
possibility of a review and recommendation by the 
Expert Group under Article 56; or 3. In the case of a least -developed country 
Member, any new implementation date of more 
than four years after the original date notified under Category B shall require approval by the Committee. In addition, a least developed country 
continues to have recourse to Article 55. It is 
understood that assistance and support for capacity building is required for a least developed country 
Member shifting from Category B to Category C. 
8 Grace Period for the Application of the Understanding on Rules and Procedures 
Governing the Settlement of Disputes  8.1. For a period of 2 years after entry into force of 
this Agreement, the provisions of Articles XXII and 
XXIII of GATT 1994 as elaborated and applied by the Understanding on Rules and Procedures 
Governing the Settlement of Disputes shall not 
apply to the settlement of disputes against a developing country Member concerning any 
provision that the Member has designated in 
Category A. 8.2. For a period of 6 years after entry into force of this Agreement, the provisions of Articles XXII and 
XXIII of GATT 1994 as elaborated and applied by 
the Understanding on Rules and Procedures Governing the Settlement of Disputes shall not 
apply to the settlement of disputes against a least 
developed country Member concerning any Article 58 
Grace Period for the Application of the 
Understanding on Rules and Procedures Governing the Settlement of Disputes  
1. For a period of two years after entry into force of 
this Agreement, Articles XXII and XXIII of GATT 1994 as elaborated and applied by the 
Understanding on Rules and Procedures Governing 
the Settlement of Disputes shall not apply to the settlement of disputes against a developing country 
Member concerning any provision that the Member 
has designated in Category A. 2. For a period of six years after entry into force of this Agreement, the Articles XXII and XXIII of GATT 
1994 as elaborated and applied by the 
Understanding on Rules and Procedures Governing the Settlement of Disputes shall not apply to the 
settlement of disputes against a least -developed 
country Member concerning any provision that the   
  WT/PCTF/W/9  
 
- 51 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
provision that the Member has designated in 
Category A. 
8.3. For a period of 8 years after implementation of 
a provision under Category B and C by a least developed country Member, the provisions of Articles XXII and XXIII of GATT 1994 as elaborated 
and applied by the Understanding on Rules and 
Procedures Governing the Settlement of Disputes shall not apply to the settlement of disputes 
against that least developed country Member 
concerning those provisions. 8.4. Notwithstanding the grace period for the 
application of the Understanding on Rules and 
Procedures Governing the Settlement of Disputes, before making a request for consultations pursuant to Articles XXII or XXIII, and at all stages of 
dispute settlement procedures with regard to a 
measure of a least developed country Member, a Member shall give particular consideration to the 
special situation of least developed country 
Members. In this regard, Members shall exercise due restraint in raising matters under the 
Understanding on Rules and Procedures Governing 
the Settlement of Disputes involving least developed country Members. 8.5. Each Member shall, upon request, during the 
grace period allowed under this paragraph, provide 
adequate opportunity to other Members for discussion with respect to any issue relating to the 
implementation of this Agreement.  Member has designated in Category A. 
3. For a period of eight years after implementation 
of a provision under Categories B and C by a least -
developed country Member, the Articles XXII and XXIII of GATT 1994 as elaborated and applied by the Understanding on Rules and Procedures 
Governing the Settlement of Disputes shall not 
apply to the settlement of disputes against that least -developed country Member concerning those 
provisions. 
4. Notwithstanding the grace period for the application of the Understanding on Rules and 
Procedures Governing the Settlement of Disputes, 
before making a request for consultations pursuant to Articles XXII or XXIII, and at all stages of dispute settlement procedures with regard to a 
measure of a least -developed country Member, a 
Member shall give particular consideration to the special situation of least -developed country 
Members. In this regard, Members shall exercise 
due restraint in raising matters under the Understanding on Rules and Procedures Governing 
the Settlement of Disputes involving least 
developed country Members. 5. Each Member shall, upon request, during the grace period allowed under this paragraph, provide 
adequate opportunity to other Members for 
discussion with respect to any issue relating to the implementation of this Agreement. 
9 Provision of Assistance for Capacity Building  
 9.1. Donor Members agree to facilitate the provision of assistance and support for capacity building to developing country and least developed 
country Members, on mutually agreed terms and 
either bilaterally or through the appropriate international organizations. The objective is to 
assist developing country and least developed 
country Members to implement the provisions of Article 59 
Provision of Assistance for Capacity Building 
 1. Donor Members agree to facilitate the provision of assistance and support for capacity building to 
developing country and least developed country 
Members, on mutually agreed terms and either bilaterally or through the appropriate international 
organizations. The objective is to assist developing 
country and least developed country Members to  
 
   
 
  
 
  
  WT/PCTF/W/9  
 
- 52 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
Section I of this Agreement. 
9.2. Given the special needs of least developed 
country Members, targeted assistance and support 
should be provided to the least developed country Members so as to help them build sustainable capacity to implement their commitments. Through 
the relevant development co-operation 
mechanisms and in coherence with the principles of technical assistance and capacity building as 
referred to in paragraph 9.3, development partners 
shall endeavour to provide assistance and support in this area in a way that does not compromise 
existing development priorities. 
9.3. Members shall endeavour to apply the following principles for providing assistance and support for capacity building with regard to the 
implementation of this Agreement: 
a. take account of the overall developmental framework of recipient countries and regions and, 
where relevant and appropriate, ongoing reform 
and technical assistance programs; b. include, where relevant and appropriate, 
activities to address regional and sub-regional 
challenges and promote regional and sub-regional integration; c. ensure that ongoing trade facilitation reform 
activities of the private sector are factored into 
assistance activities; d. promote coordination between and among 
Members and other relevant institutions, including 
regional economic communities, to ensure maximum effectiveness of and results from this 
assistance. To this end: 
i. coordination, primarily in the country or region where the assistance is to be provided, between partner Members and donors, and among bilateral 
and multilateral donors, should aim to avoid 
overlap and duplication in assistance programs and inconsistencies in reform activities through close 
coordination of technical assistance and capacity implement the provisions of Part I of this 
Agreement. 
2. Given the special needs of least -developed 
country Members, targeted assistance and support should be provided to the least -developed country Members so as to help them build sustainable 
capacity to implement their commitments. Through 
the relevant development cooperation mechanisms and in coherence with the principles of technical 
assistance and capacity building as referred to in 
paragraph 3, development partners shall endeavour to provide assistance and support in this 
area in a way that does not compromise existing 
development priorities. 3. Members shall endeavour to apply the following principles for providing assistance and support for 
capacity building with regard to the implementation 
of this Agreement: (a) taking account of the overall developmental 
framework of recipient  Members [ countries ] and 
regions and, where relevant and appropriate, ongoing reform and technical assistance programs; 
(b) including, where relevant and appropriate, 
activities to address regional and sub-regional challenges and promote regional and sub-regional integration; 
(c) ensuring that ongoing trade facilitation reform 
activities of the private sector are factored into assistance activities; 
(d) promoting coordination between and among 
Members and other relevant institutions, including regional economic communities, to ensure 
maximum effectiveness of and results from this 
assistance. To this end: i. coordination, primarily in the country or region where the assistance is to be provided, 
between partner Members and donors, and among 
bilateral and multilateral donors, should aim to avoid overlap and duplication in assistance 
programs and inconsistencies in reform activities  
 
 
   
 
  
 
  
 
   
 
 South Africa supports proposal by India to replace 
"countries" with "Member".  
  WT/PCTF/W/9  
 
- 53 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
building interventions; 
ii. for least developed country Members, the 
Enhanced Integrated Framework should be a part 
of this coordination process; and iii. Members should also promote internal coordination between their trade and development 
o f f i c i a l s ,  b o t h  i n  c a p i t a l s  a n d  G e n e v a ,  i n  t h e  
implementation of the Agreement and technical assistance. 
e. encourage use of existing in-country and 
regional coordination structures such as roundtables and consultative groups to coordinate 
and monitor implementation activities; and 
f. encourage developing countries Members to provide capacity building to other developing and least developed country and consider supporting 
such activities, where possible. 
9.4. The Committee shall hold at least one dedicated session per year to: 
a. discuss any problems regarding implementation 
of provisions or sub-parts of provisions; b. review progress in the provision of technical 
assistance and capacity building to support the 
implementation of the Agreement, including any developing or least-developed country Members not receiving adequate technical assistance and 
capacity building; 
c. share experiences and information on ongoing assistance and implementation programs, including 
challenges and successes; 
d. review donor notifications as set forth in paragraph 10; and 
e. review the operation of paragraph 9.2.  through close coordination of technical assistance 
and capacity building interventions; 
ii. for least -developed country Members, the 
Enhanced Integrated Framework should be a part of this coordination process; and iii. Members should also promote internal 
coordination between their trade and development 
o f f i c i a l s ,  b o t h  i n  c a p i t a l s  a n d  G e n e v a ,  i n  t h e  implementation of the Agreement and technical 
assistance. 
(e) encouraging use of existing in-country and regional coordination structures such as 
roundtables and consultative groups to coordinate 
and monitor implementation activities; and (f) encouraging developing country Members to provide capacity building to other developing and 
least developed country Members and consider 
supporting such activities, where possible.  4. The Committee shall hold at least one dedicated 
session per year to: 
(a) discuss any problems regarding implementation of provisions or sub-parts of provisions; 
(b) review progress in the provision of technical 
assistance and capacity building to support the implementation of the Agreement, including any developing or least developed country Members not 
receiving adequate technical assistance and 
capacity building; (c) share experiences and information on ongoing 
assistance and implementation programs, including 
challenges and successes; (d) review donor notifications as set out in Article 
60; and 
(e)review the operation of paragraph 9.2 of Article 59. 
10 Information on Assistance to be Submitted to the Committee  
10.1. To provide transparency to developing and 
least developed Members on the provision of Article 60 
Information on Assistance to be Submitted to the Committee 
 
1. To provide transparency to developing country   
  WT/PCTF/W/9  
 
- 54 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
assistance and support for implementation of 
Section I, each donor Member assisting developing 
country and least developed country Members with 
the implementation of this Agreement shall submit to the Committee, at entry into force of the Agreement and annually thereafter, the following 
information on its assistance and support for 
capacity building that was disbursed in the preceding twelve months and, where available, that 
is committed in the next twelve months: 
a. a description of the assistance and support for capacity building; 
b. the status and amount committed/disbursed; 
c. procedures for disbursement of the assistance and support; d. the beneficiary country, or, where necessary, 
the region; and 
e. the implementing agency in the Member providing assistance and support. 
The information shall be provided in the format 
specified in Annex 1. In the case of OECD members, the information submitted can be based 
on relevant information from the OECD Creditor 
Reporting System. Developing country Members declaring themselves in a position to provide assistance and support are encouraged to provide 
the information above. 
10.2. Donor Members assisting developing country and least developed country Members shall submit 
to the Committee: 
a. contact points of their agencies responsible for providing assistance and support for capacity 
building related to the implementation of the 
provisions of Section I of this Agreement including, where practicable, information on such contact points within the country or region where the 
assistance and support is to be provided; and 
b. information on the process and mechanisms for requesting assistance and support. 
Developing country Members declaring themselves and least developed country Members on the 
provision of assistance and support for 
implementation of Part I, each donor Member 
assisting developing country and least -developed country Members with the implementation of this Agreement shall submit to the Committee, at entry 
into force of this Agreement and annually 
thereafter, the following information on its assistance and support for capacity building that 
was disbursed in the preceding twelve12 months 
and, where available, that is committed in the next 12 months : 
(a) a description of the assistance and support for 
capacity building; (b) the status and amount committed/disbursed; (c) procedures for disbursement of the assistance 
and support; 
(d) the beneficiary country, or, where necessary, the region; and 
(e) the implementing agency in the Member 
providing assistance and support. The information shall be provided in the format 
specified in Annex 1. In the case of OECD 
members, the information submitted can be based on relevant information from the OECD Creditor Reporting System. Developing country Members 
declaring themselves in a position to provide 
assistance and support are encouraged to provide the information above. 
2. Donor Members assisting developing country 
and least -developed country Members shall submit to the Committee: 
(a) contact points of their agencies responsible for 
providing assistance and support for capacity building related to the implementation of Part I of this Agreement including, where practicable, 
information on such contact points within the 
country or region where the assistance and support is to be provided; and 
(b) information on the process and mechanisms for  
  WT/PCTF/W/9  
 
- 55 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
in a position to provide assistance and support are 
encouraged to provide the information above. 
10.3. Developing country and least developed 
country Members intending to avail themselves of trade facilitation-related assistance and support shall submit to the Committee information on 
contact point(s) of the office(s) responsible for 
coordinating and prioritizing such assistance and support. 
10.4. Members may provide the information in 
paragraphs 10.2 and 10.3 through internet references and shall update the submitted 
information as necessary. The Secretariat shall 
make all such information publicly available. 10.5. The Committee shall invite relevant international and regional organizations (such as 
the IMF, OECD, UNCTAD, WCO, UN Regional 
Commissions, the World Bank, or their subsidiary bodies, and regional development banks) and other 
agencies of cooperation to provide information 
referred to in paragraphs 10.1, 10.2 and 10.4. requesting assistance and support. 
Developing country Members declaring themselves 
in a position to provide assistance and support are 
encouraged to provide the information above. 3. Developing country and least -developed country Members intending to avail themselves of trade 
facilitation-related assistance and support shall 
submit to the Committee information on contact point(s) of the office(s) responsible for coordinating 
and prioritizing such assistance and support. 
4. Members may provide the information referred to in paragraphs 2 and 3 through internet 
references and shall update the information as 
necessary. The Secretariat shall make all such information publicly available. 15. The Committee shall invite relevant 
international and regional organizations (such as 
the IMF, OECD, UNCTAD, WCO, UN Regional Commissions, the World Bank, or their subsidiary 
bodies, and regional development banks) and other 
agencies of cooperation to provide information referred to in paragraphs 1, 2 and 3.  
PART III   
FINAL PROVISIONS 
 1. For the purpose of this Agreement, the term "Member" is deemed to include the competent 
authority of that Member. 
2. All provisions of this Agreement are binding on all Members. 
3. Members shall implement this Agreement from 
the date of its entry into force. Developing country Members and least developed country Members 
that choose to use the provisions of Section II shall 
implement this Agreement in accordance with Section II. 4. A Member which accepts this Agreement after its 
entry into force shall implement its Category B and 
C commitments counting the relevant periods from the date this Agreement enters into force. PART III 
FINAL PROVISIONS Article 61  
1. For the purpose of this Agreement, the term 
"Member" is deemed to include the competent authority of that Member. 
2. All provisions of this Agreement are binding 
on all Members. 3. Members shall implement this Agreement 
from the date of its entry into force. Developing 
country Members and least developed country Members that choose to use the provisions of Part II shall implement this Agreement in accordance 
with Part II. 
4. A Member which accepts this Agreement after its entry into force shall implement its  
   
 
  
 
  
 
   
 
   
  WT/PCTF/W/9  
 
- 56 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
5. Members of a customs union or a regional 
economic arrangement may adopt regional 
approaches to assist in the implementation of their 
obligations under the Agreement on Trade Facilitation including through the establishment and use of regional bodies. 
6. Notwithstanding the General interpretative note 
to Annex 1A, nothing in this Agreement shall be construed as diminishing the obligations of 
Members under the GATT 1994. In addition, 
nothing in this Agreement shall be construed as diminishing the rights and obligations of Members 
under the Agreement on Technical Barriers to 
Trade and the Agreement on the Application of Sanitary and Phytosanitary Measures. 7. All exceptions and exemptions under the General 
Agreement on Tariffs and Trade 1994 shall apply to 
the provisions of this Agreement. Waivers applicable to the GATT 1994 or any part thereof, 
granted according to Article IX:3 and Article IX:4 of 
the Marrakesh Agreement establishing the WTO and any amendments thereto as of the date of 
entry into force of this Agreement, shall apply to 
the provisions of this Agreement. 8. The provisions of Articles XXII and XXIII of the General Agreement on Tariffs and Trade 1994 as 
elaborated and applied by the Understanding on 
Rules and Procedures Governing the Settlement of Disputes shall apply to consultations and the 
settlement of disputes under this Agreement, 
except as otherwise specifically provided for in this Agreement. 
9. Reservations may not be entered in respect of 
any of the provisions of this Agreement without the consent of the other Members. 10. The Category A commitments of developing 
and least developed country Members annexed to 
this Agreement in accordance with paragraphs 3.1 and 3.2 of Section II shall constitute an integral 
part of this Agreement. Category B and C commitments counting the 
relevant periods from the date this Agreement 
enters into force. 
5. Members of a customs union or a regional economic arrangement may adopt regional approaches to assist in the implementation of their 
obligations under the Agreement on Trade 
Facilitation including through the establishment and use of regional bodies. 
6. Notwithstanding the General interpretative 
note to Annex 1A of the Marrakesh Agreement 
establishing the WTO,  nothing in this Agreement 
shall be construed as diminishing the obligations of 
Members under the GATT 1994. In addition, nothing in this Agreement shall be construed as diminishing the rights and obligations of Members 
under the Agreement on Technical Barriers to 
Trade and the Agreement on the Application of Sanitary and Phytosanitary Measures. 
7. All exceptions and exemptions under the 
General Agreement on Tariffs and Trade 1994 shall apply to the provisions of this Agreement. Waivers 
applicable to the GATT 1994 or any part thereof, 
granted according to Article IX: 3 and Article IX:4 of the Marrakesh Agreement establishing the WTO and any amendments thereto as of the date of 
entry into force of this Agreement, shall apply to 
the provisions of this Agreement. 8. The provisions of Articles XXII and XXIII of 
the General Agreement on Tariffs and Trade 1994 
as elaborated and applied by the Understanding on Rules and Procedures Governing the Settlement of 
Disputes shall apply to consultations and to the 
settlement of disputes under this Agreement, except as otherwise specifically provided for in this Agreement. 
9. Reservations may not be entered in respect 
of any of the provisions of this Agreement without the consent of the other Members. 
10. The Category A commitments of developing  
 
 
   
 
  
South Africa supports India’s proposal to insert  the 
words "of the Marrakesh Agreement establishing the WTO," after "Annex 1A".  
  WT/PCTF/W/9  
 
- 57 - Ministerial Decision of 7 December 2013 SA Textual Proposal Explanatory Commentary 
11. The Category B and C commitments of 
developing and least developed country Members 
taken note of by the Committee and annexed to 
this Agreement pursuant to paragraph 4.5 of Section II shall constitute an integral part of this Agreement.  and least developed country Members annexed to 
this Agreement in accordance with Article 53 shall 
constitute an integral part of this Agreement. 
11. The Category B and C commitments of developing and least developed country Members taken note of by the Committee and annexed to 
this Agreement pursuant to paragraph 5 of Article 
54 shall constitute an integral part of this Agreement. 
  
__________