RESTRICTED  
  
WT/PCTF/W/7/Rev.1  
 
3 April 2014  
(14-2051)  Page: 1/9  
Preparatory Committee on Trade Facilitation  Original: English  
 
 COMMENTS ON THE TEXT OF THE TRADE FACILITATION AGREEMENT 
COMMUNICATION FROM MEXICO 
Revision 
 
 The following communication dated 31 March 2014 is being circulated at the request of Mexico for consideration by the Preparatory Committee on Trade Facilitation. 
 
 This represents additional information to the previous submission by Mexico which was circulated on 25 March 2014.  
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  WT/MIN(13)/36 
WT/L/911 
 
11 December 2013 
Ministerial Conference 
Ninth Session Bali, 3-6 December 2013 
 
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 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.  
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  ANNEX 
AGREEMENT ON TRADE FACILITATION 
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 Ministerial Declaration and Annex D of the Decision of the Doha Work Programme adopted by the General Council on 1 August 2004, as well as paragraph 33 and Annex E of 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. iImportation, exportation and transit procedures (including port, airport, and other 
entry-point procedures) and required forms and documents; 
b. Aapplied rates of duties and taxes of any ki nd imposed on or in connection with 
importation or exportation; 
c. fFees and charges imposed by or for government al agencies on or in connection with 
importation, exportation or transit; 
d. Rrules for the classification or valuation of products for customs purposes; 
e. Llaws, regulations and administrative rulings of general application relating to rules of 
origin; 
f. Iimport, export or transit restrictions or prohibitions; 
g. pPenalty provisions against breaches of import, export or transit formalities; 
h. aAppeal procedures; 
i. aAgreements or parts thereof with any country or countries relating to importation, 
exportation or transit; 
j. pProcedures relating to the administration of tariff quotas. 
1.2.  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 2.2. WT/PCTF/W/7/Rev.1 
 
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  2  Information Available Through Internet 
2.1.  Each Member shall make available, and update  to the extent possible and as appropriate, the 
following through the internet: 
a. aA description1 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. tThe forms and documents required for importation into, exportation from, or transit 
through the territory of that Member;   
c. cContact 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. 
2.3.  Members are encouraged to make available further trade related information through the 
internet, including relevant trade-related legislation and other items referred to in paragraph 1.1. 
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. 
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. 
3.3.  Members are encouraged not to require th e 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 enquirie s 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 URL (s) 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 2: OPPORTUNITY TO COMMENT, IN FORMATION BEFORE ENTRY INTO FORCE 
AND CONSULTATION S 
1  Opportunity to Comment and Info rmation before Entry into Force 
1.1.  Each Member shall, to the extent practica ble 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 Each Member has the discretion to state on its website the legal limitations of this description. WT/PCTF/W/7/Rev.1 
 
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  1.2.  Each Member shall, to the extent practica ble, 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 excl uded from paragraphs 
1.1 and 1.2 above. 
2  Consultations Each Member shall, as appropriate, provide for regular consultations between border agencies and 
traders or other stakeholders within its territory. 
  
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General comment 1.  Set a uniform length of the space 
between paragraphs along the whole 
document. 
2. Make uniform the use of capital letters 
and/or lowercase letters in the Titles of all articles. 
3. Justify the text of footnotes.  
3.1 Include a comma after "ruling" in the second 
sentence. 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. 
4 Renumbering of all paragraphs of this Article 1.1. 1. 
1.2. 2. 
1.3. 3. 
1.4. 4. 
1.5. 5. 
1.6. 6. 
5.2 Use lowercase letters in the word "customs" A Member shall in form the carrier or importer promptly in case of detention 
of goods declared for importation, for inspection by Ccustoms or any other 
competent authority. 
6.2 Take out the numbering "2.1" since there is 
only a single paragraph. 2.1. Fees and charges for customs processing: 
6.2 Substitute little romans by lowercase literals. i. a. 
ii. b. 
6.3.1 Inset “paragraph” instead of “Article” before 
6.3, since the reference to paragraph is the 
normal approach along the text when making reference to a paragraph within an Article. 3.1. For the purpose of Article paragraph 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. 
6.3.4 Substitute little romans by lowercase literals. i. a. 
ii. b. 
6.3.7 Replace “paragraph” with “article”. 3.7. The provisions of this paragraph article shall apply to the penalties on 
traffic in transit referred to in paragraph 3.1. 
7.3.1 Inset “arrival” after “prior to”. 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 arrival, or upon arrival, 
or as rapidly as possible after arrival and provided that all other regulatory 
requirements have been met. 
7.7.2 (second paragraph) Insert “authorized” before “operator”. The specified criteria to qualify as an authorized operator shall not:  
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7.7.5 Insert “trade” before “facilitation”. 7.5. In order to enhance the trade facilitation measures provided to 
operators, Members shall afford to other Members the possibility to negotiate 
mutual recognition of authorized operator schemes. 
7.8.1 (fifth line) Insert “sub” before “paragraph”. “…  
, as conditions for qualifying for the application of the treatment described in 
sub-paragraphs 8.2 a. – d. to its expedited shipments:” 
Footnote 7 Insert “7.3” befo re “sub-paragraphs a.-g.” 7A measure listed in sub-paragraphs 7.3 a .-g. will be deemed to be provided 
to authorized operators if it is generally available to all operators. 
7.8.1.c Insert “sub” before “paragraph”. c. be assessed fe es limited in amount to the approximate cost of services 
rendered in providing the treatment de scribed in sub-paragraph 8.2 a. – d.; 
7.8.3 Replace “fulfillment” with “fulfilment”. 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, nothin g 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 fulfilment fulfillment of non-automatic 
licensing requirements. 
7.9.1 Use the following wording just one time 
“provide for the release of 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 provide for the release of perishable goods: 
a. provide for the release of perishab le 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. 
8.2 Substitute little romans by lowercase literals. i. a. 
ii. b. 
iii. c. 
iv. d. 
v. e. 
10 Eliminate “and” before “exportation” and insert 
a comma after “importation” in the title of this 
article. ARTICLE 10: FORMALITIES CONNEC TED WITH IMPORTATION, AND 
EXPORTATION AND TRANSIT  
10.1 Replace “of” with “to” before “decreasing”. 1.1. With a view to minimizing the incidence and complexity of import, 
export, and transit formalities and of 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  
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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: 
10.6.1 Substitute “agreement” with “Agreem ent”. 6.1. Without prejudice to the impo rtant policy concerns of some Members 
that currently maintain a special role for customs brokers, from the entry into 
force of this agreement Agreement Members shall not introduce the 
mandatory use of customs brokers. 
10.7.2.e Introduce “the Application of” before 
“Sanitary”. e. differentiating its procedures and documentation requirements in a manner 
consistent with the Agreement on the Application of Sanitary and 
Phytosanitary Measures. 
10.8 Insert “8.2” at the start of the second 
paragraph. 8.2 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. 
10.9  Substitute lowercase literals with 
numbering of paragraphs. 
 Substitute little romans with lowercase 
literals. a. 9.1 
b. 9.2 
i. a. 
ii. b. 
iii. c. 
11.1 Insert “and” at the end of sub-paragraph a). a. be maintain ed 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, and 
11.6.b Replace “fulfillment” with “fulfilment”. b. ensure fulfillment fulfilment of transit requirements. 
11 (current paragraphs 11.5, 12 and 13)  Renumber current paragraphs 11.5 and 
12. 11.5 12 
i. a. 
ii. b. 
12 13 Members shall endeavour to cooperate and coordinate with one 
another with a view to enhanceing 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 14  Substitute little romans with lowercase 
literals. 
 Substitute "enhance" with "enhancing" in 
paragraph 12. 
12.2.1 Insert “sub” before “paragraph”. 2.1. Upon request, an d subject to the provisions of this Article, Members shall 
exchange the information set out in sub-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. 
12.4.1  Insert "and" at the end of sub-paragraph 
e).  It is a closed list. e. the identity of the originatin g office making the request; and 
f. reference to provisions of the requesting Member's domestic law and legal  
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 Substitute the semicolon at the end of 
sub-paragraph f) with an endpoint. system that govern the collection, protection, use, disclosure, retention and 
disposal of confidential information and personal data;. 
12.5.1.a Insert “sub” before “paragraphs”. a. hold all in formation or documents provid ed 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 sub-paragraphs 6.1 b. and 6.1 c.; 
12.5.2 Insert paragraph before “5.1”. 5.2. A requesting Member may be unable under its domestic law and legal 
system to comply with any of the sub-pa ragraphs of paragraph 5.1. If so, the 
requesting Member shall specify this in the request. 
12.10.b Insert “sub” before “paragraph”. b. call for documents other than those submitted with the import or export 
declaration as specified in sub-paragraph 6 c.; 
   
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