TN/TF/W/191  
 
26 April 2013  
(13-2225)  Page: 1/3  
Negotiating Group on Trade Facilitation  Original: English  
 
PROPOSAL ON SECTION II OF THE CONSOLIDATED NEGOTIATING 
TEXT OF THE TRADE FACILITATION AGREEMENT 
COMMUNICATION FROM THE AFRICAN GROUP 
 
The following communication dated 25 April 2013 is being circulated at the request of the 
African Group for consideration by the NGTF. 
 
 
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1.1.  The objective of trade facilitation negotiations is to clarify and improve the 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.  The modalities of the negotiations affirm that 
the principle of special and differential treatment (S&DT) for developing and least-developed countries “should extend beyond the granting of traditional transition periods for implementing 
commitments”
1.  Moreover, the mandate recommends that S&DT provisions should be precise, 
effective and operational in order to allow for ne cessary flexibility in implementing the results of 
the negotiations2. 
1.2.  In order to operationalize this mandate, S&DT provisions of section II has to be addressed 
through innovative, comprehensive, and holistic approach. In this context, an effective framework 
for S&DT should be clearly articulated in the consolidated negotiating text. This framework is envisaged to be premised on two pillars: 1) impl ementation flexibilities that address the concerns 
of developing countries and LDCs taking into consideration their actual implementation capacities; 
2) effective mechanisms for the provision of predictable, sustainable, adequate, and responsive technical and financial assistance and capacity building. 
1.3.  While the current consolidated negotiating text include provisions that address the first pillar 
relative to implementation flexibilities (differentiation of rules into distinct categories with different implementation conditions, early warning mechanism, and grace period for the application of dispute settlement rules), the second pillar regarding technical and financial assistance still fall 
short of being precise, effective, or operational. The negotiating text lacks the necessary 
mechanisms that ensure the efficient, timely, and secure delivery of such assistance. 
1.4.  Institutional and operational mechanisms should be established with a view to guarantee the 
access of developing countries and LDCs to secure  an unconditional assistance that respond to 
their needs and priorities. While the institutional mechanism aims to undertake regular scrutiny and review of the implementation of technical an d financial assistance provisions, the operational 
mechanism should guarantee the effective and efficient flow of assistance from donors to 
beneficiaries. This paper addresses only the institutional aspect of the above mentioned mechanisms. 
                                               
1 Paragraph 2 of Annex D of the General Council decision on 1 August 2004, known as the ‘July 
package’, (WT/L/579).   
2 Paragraph 7 of Annex E of Hong Kong Ministerial Declaration. TN/TF/W/191 
 
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  1.5.  The institutional mechanism is envisaged as a built-in machinery of the Trade Facilitation 
Committee (TF Committee) conducted in the form of dedicated sessions  devoted to review 
regularly all the implementation-related aspects of the technical and financial assistance provisions. Those dedicated sessions could help identify any difficulties related to the 
implementation and the possible ways to overcome them. It is suggested that the dedicated 
session be held, for one full day, directly before  the convening of the regular session of the TF 
Committee.  
1.6.  The dedicated sessions can be enabled to discuss the notifications  of the donor members 
regarding the availability of technical and financial assistance and capacity building, with a view to address the assistance from a holistic perspective. Moreover, the dedicated sessions can act as a matchmaking  mechanism between the members requesting assistance and the donor members. 
1.7.  In order to ensure an effective outcome fr om the deliberations of the dedicated sessions, the 
possibility of making recommendations  should be provided. The scope of those recommendations 
will be limited to improve the implementation of the relevant provisions and to enhance the 
effectiveness of the assistance.  
1.8.  The dedicated sessions could allow for participation, as it deems appropriate, from the donor 
community to present their projects and explain how developing countries and LDCs can benefit 
from the available assistance. Furthermore, the sessions can help provide the opportunity for 
sharing experiences and act as a forum for constructive discussion among donors and beneficiaries.  
1.9.  Simply, the dedicated sessions will provid e the necessary time and focus for the committee 
to review the progress in the implementation of the technical and financial assistance and capacity 
building provisions, and to ensure compliance. It is one step further toward achieving the general objective of providing a demand-driven technical and financial assistance and capacity building to 
developing countries and LDCs in the post-negot iations phase. Complimentary efforts are needed 
to establish operational mechanism that ensures the delivery and provision of timely and predictable technical and financial assistance that should be adequate and responsive.   
Proposed text:  
The proponents of this communication view that the proposed text of the institutional 
mechanism can be placed in paragraph 8.4 of the negotiating text as follows: 
"8.4 The committee shall hold dedicated sessions in order to review the implementation of 
the provisions related to technical and financial assistance and capacity building. The committee shall make recommendations, as appropriate, with  a view to strengthening the effectiveness of 
those provisions and to improving their implementa tion. The dedicated sessions shall, inter alia, 
provide a framework for: 
a. Receiving requests for assistance from developing and least developed country 
Members; 
b. Analysing the responses of the developed countries to the requests for assistance from 
developing and least developed country members referred to in Article 8.4 (a). 
c. Discussing and analysing the impact of the implemented programs of assistance on 
satisfying the needs of the recipient countries.  
d. Discussing any problems regarding implementation of provisions or sub-parts of 
provisions related to technical and fina ncial assistance and capacity building; 
e. Reviewing progress in the provision of technical assistance and financial assistance and 
capacity building including any developing or least developed country Members not receiving adequate technical assistance and capacity building; 
f. Sharing experiences and information on on-going assistance and implementation 
programs, including the relevant challenges. TN/TF/W/191 
 
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  g. Reviewing and analysing donor notifications as set forth in Article 9." 
h. Reflecting on the establishment of efficien t, demand-driven operational mechanism for 
the effective delivery of technical and financial assistance and capacity-building to the developing and least developed country members. 
 
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