RESTRICTED  
  
WT/PCTF/W/7  
 
25 March 2014  
(14-1863)  Page: 1/5  
Preparatory Committee on Trade Facilitation  Original: English  
 
COMMENTS ON THE TEXT OF THE TRADE FACILITATION AGREEMENT 
COMMUNICATION FROM MEXICO 
 The following communication dated 21 March 2014 is being circulated at the request of 
Mexico for consideration by the Preparatory Committee on Trade Facilitation. 
  
 
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 WT/PCTF/W/7 
 
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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 
 
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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 
 
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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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