RESTRICTED  
  
WT/PCTF/W/8  
 
1 April 2014  
(14-1998)  Page: 1/29  
Preparatory Committee on Trade Facilitation  Original: English  
 
 COMMENTS ON THE TEXT OF THE TRADE FACILITATION AGREEMENT 
COMMUNICATION FROM TURKEY 
 The following communication dated 21 March 2014 is being circulated at the request of 
Turkey for consideration by the Preparatory Committee on Trade Facilitation. 
 
Turkey reserves the right to make further suggestions and comments during the legal 
review exercise. 
   
_______________ 
 WT/PCTF/W/8 
 
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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.  
_______________ WT/PCTF/W/8 
 
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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 Decisi on of the Doha Work Programme adopted by the 
General Council o    n 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. 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 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 . 
Comment : The proposal by Hong Kong to add “and” or “or” between each list may substantially 
change the content of the obligation in this Article.  Therefore, we suggest that the Article is kept 
as it is. 
 
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/8 
 
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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. A 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. 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. 
2.3. Members are encouraged to make available fu rther 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. 
Members are encouraged not to require the pa yment 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. 
 
Comment : Addition of “each” before the word “Mem ber” as suggested by Japan does not seem 
proper. The obligation belongs to those Members wh ich require fee, not to each Member. Turkey 
prefers to keep the text as it is, or “those” may be added instead of “each”. 
 
3.3. 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 subpara graphs 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 2: OPPORTUNITY TO COMMENT, IN FORMATION BEFORE ENTRY INTO FORCE 
AND CONSULTATION  
1 Opportunity to Comment and Information 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. 
 
1.2. 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 WT/PCTF/W/8 
 
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  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. 
2 Consultations  
Each Member shall, as appropriate, provide for regular consultations between border agencies and 
traders or other stakeholders within its territory. 
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. 
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. 
4. Where the Member revokes, modifies or invalida tes 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 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. 
7. Each Member shall provide, upon written reques t of an applicant, a review of the advance 
ruling or the decision to revoke, modi fy or invalidate the advance ruling.1 
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. 
                                               
1 Under this paragraph: a) a review may, before or after the ruling has been acted upon, be provided by 
the official, office or authority that issued the ruling, a higher or independent administrative authority, or a 
judicial authority; and b) a Member is not required to provide the applicant with recourse to Article 4.1.1 of this 
Agreement. WT/PCTF/W/8 
 
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  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;2 
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 requiremen ts for relief or exemption from customs 
duties; 
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. 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 requir ements 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 ente rprises. 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 
decision3 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 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. 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 
                                               
2 It is understood that an advance ruling on the or igin of a good may be an assessment of origin for 
the purposes of the Agreement on Rules of Origin wher e the ruling meets the requirements of this Agreement 
and the Agreement on the Rules of Origin. Likewise, an  assessment of origin under the Agreement on Rules 
of Origin may be an advance ruling on the origin of  a good for the purposes of this Agreement where the 
ruling meets the requirements of both agreements . Members are not required to establish separate 
arrangements under this provision in addition to those established pursuant to the Rules of Origin Agreement 
in relation to the assessment of origin provided th at the requirements of th is Article are fulfilled. 
3 An administrative decision in this Article means a decision with a legal effect that affects rights and 
obligations of a specific person in an individual case. It shall be understood that an administrative decision in 
this Article covers an administrative action within th e meaning of Article X of the GATT 1994 or failure to take 
an administrative acti on or decision as provided for in a Member's domestic law and legal system. For 
addressing such failure, Members may maintain an alte rnative administrative mechan ism or judicial recourse 
to direct the customs authority to promptly issue an administrative decision in place of the right to appeal or 
review under subparagraph 1.1 a. WT/PCTF/W/8 
 
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  authority.4 
1.5. Each Member shall ensure that the person refe rred 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. 
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. 
ARTICLE 5: OTHER MEASURES TO ENHA NCE 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 th e 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 su spend 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. 
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. 
3 Test Procedures  
3.1. A Member may, upon request, grant an opportuni ty for a second test in case the first test 
result of a sample taken upon arrival of goods de clared 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 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 appl y to all fees and charges other than import and 
export duties and other than taxes within th e purview of Article III of GATT 1994 imposed by 
Members on or in connection with importation or exportation of goods. 
                                               
4 Nothing in this paragraph shall prevent Members from recognizing administrative silence on appeal 
or review as a decision in favour of the petition er in accordance with it s laws and regulations. WT/PCTF/W/8 
 
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  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.  An adequate time period shall be accorded between the publication of new or amended fees 
and charges and their entry into force except in ur gent 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. 
2 Specific disciplines on Fees and Char ges 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. 
3 Penalty Disciplines  
3.1. For the purpose of Article 6.3, the term "penal ties" 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 proc edural 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 that person. 
 
3.7. The provisions of this paragraph shall apply to the penalties on traffic in transit referred to in 
paragraph 3.1. 
 
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. WT/PCTF/W/8 
 
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  2 Electronic Payment  
Each Member shall, to the extent practicable, adop t or maintain procedures allowing the option of 
electronic payment for duties, taxes, fees an d charges collected by customs incurred upon 
importation and exportation. 
3 Separation of Release from Final Determin ation 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 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 th e amount the Member requires to ensure 
payment of customs duties, taxes, fees and char ges 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. 
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. 
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 wh ich the goods were shipped, value of the goods, 
compliance record of traders, an d type of means of transport. 
  
Comment : Turkey supports proposed changes by the EU regarding this Paragraph.  
 
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 WT/PCTF/W/8 
 
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  record is audited of the results, the person's righ ts 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 resu lt of post-clearance audit in applying risk 
management. 
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.5 
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. 
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 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:6 
 
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 ex ist, except when such standards would be an 
                                               
5 Each Member may determine the scope and methodology of such average release time 
measurement in accordance with its needs and capacity. 
6 A measure listed in sub-paragraphs a .-g. will be deemed to be provided to authorized operators if it 
is generally available to all operators. WT/PCTF/W/8 
 
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  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. 
8 Expedited Shipments  
8.1. Each Member shall adopt or maintain proced ures 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.7 If a Member employs criteria8 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 ap plicant 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.; 
d. maintain a high degree of control over expe dited 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; 
 
Comment : The suggested addition of wording proposed by Hong Kong (and/or) may 
introduce a substantial change to the current sub-paragraph. 
 
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 8.2. 
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 exte nt 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-para graphs 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 suppo rting 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. 
                                               
7 In cases where a Member has an existing procedur e that provides the treatment in paragraph 8.2, 
this provision would not require that Member to introduce separate expedited release procedures. 
8 Such application criteria, if any, shall be in a ddition to the Member's requirements for operating 
with respect to all goods or shipment s entered through air cargo facilities. WT/PCTF/W/8 
 
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  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 system s. Further, 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. 
 
9 Perishable Goods9 
9.1. With a view to preventing avoidable loss or de terioration 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 practicabl e, 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, export ation 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;  
 
Comment : The proposal by Japan to add "and" between each item may substantially 
change the content of the obligation in this Ar ticle. Therefore, we suggest that the Article 
is kept as it is. 
v. establishment of one stop border post control. 
ARTICLE 9: MOVEMENT OF GOODS UNDER CUSTOMS CONTROL INTENDED FOR IMPORT  
Each Member shall, to the extent practicable, an d 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 
                                               
9 For the purposes of this provisio n, perishable goods are goods that rapidly decay due to their natural 
characteristics, in particul ar in the absence of appropriate storage conditions. WT/PCTF/W/8 
 
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  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 su ch 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 sharing relevant information and best practices 
as appropriate. 
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 pape r 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.10 
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. 
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 
                                               
10 Nothing in this paragraph precludes a Member from requiring documents such as certificates, 
permits or licenses as a requir ement for the importation of controlled or regulated goods. WT/PCTF/W/8 
 
- 14 - 
 
  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 agenci es except in urgent circumstances and other 
limited exceptions which are made public. 
4.3. Members shall notify to the Committee the de tails of operation of the single window. 
4.4. Members shall, to the extent possible and prac tical, 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.11 
6 Use of Customs Brokers  
6.1. Without prejudice to the important policy concer ns 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 me asures on the use of customs brokers. Any 
subsequent modifications thereof shall be noti fied to the Committee and published promptly. 
6.3. With regard to the licensing of customs br okers, Members shall apply rules that are 
transparent and objective. 
 
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 
differentiating its procedures and documentation requirements in a manner consistent with the 
Agreement on the Application of Sanitary and Phytosanitary Measures. 
 
Comment : The exact name of the Agreement is to be inserted.   
 
8 Rejected Goods  
8.1. Where goods presented for import are reject ed 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 cons istent 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 to exercise it within a reasonable period of 
                                               
11 This sub-paragraph refers to pre-shipment insp ections covered by the Pre-shipment Inspection 
Agreement, and does not preclude pre- shipment inspections for SPS purposes. WT/PCTF/W/8 
 
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  time, the competent authority may take a different course of action to deal with such non-
compliant goods. 
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 processing may be re-
imported 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. 
For the purposes of this Article, the term "o utward 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.  
Comment : The proposed addition of “and” between two sub-paragraphs may lead to 
change in the interpretation of the paragraph. Th erefore, Turkey prefers to keep it as it is. 
 
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 an y voluntary restraints or any other similar 
measures 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.  
Comment : The proposed amendment by the EU ("dome stic” instead of "national") introduces a 
substantial change in the text.  We request further clarification from the proponent to better 
understand the suggested change. For the time being we would like keep the text as it is. 
 
Comment : A comma is required to ensure that agreed text is fully reflected in the Agreement.  
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 WT/PCTF/W/8 
 
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  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 
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-monetary12 instrument for traffic in transit, such guarantee shall be limited to 
ensuring that requirements arising from such traffic in transit are fulfilled. 
11.2  Once the Member has determined that its tran sit 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 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.13 
                                               
12 Nothing in this provision shall preclude a Member from maintaining existing procedures whereby 
the mean of transport can be used as  a guarantee for traffic in transit. 
13 Such activity has the overall objective of lowering the frequency of non-compliance, and 
consequently reducing the need for exchange of information in pursuit of enforcement. WT/PCTF/W/8 
 
- 17 - 
 
  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. 
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. fo r 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. 
3 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 re quested 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 appropri ate 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 requeste d Member, provide confirmation14 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, disclos ure, retention and disposal of confidential 
information and personal data; 
4.2. If the requesting Member is not in a positi on to comply with any of the sub-paragraphs of 
4.1, 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 docu ments from the requested Member as the 
                                               
14 This may include pertinent information on the ve rification conducted under paragraph 12.3. Such 
information shall be subject to the level of protection and confidentiality specified by the Member conducting 
the verification. WT/PCTF/W/8 
 
- 18 - 
 
  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 info rmation 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 requ esting 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 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 ar ticle, 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 impo rt 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 pape r or electronic, along with a description of 
the level of protection and confidential ity 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. 
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 legal system prevents th e 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. 
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 requeste d Member, or if it has not yet implemented this 
Article, it shall state that fact in its request. Ex ecution of such a request shall be at the discretion WT/PCTF/W/8 
 
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  of the requested Member. 
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 re quested 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. 
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; 
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 us e 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. 
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 ag reements or to govern the exchange of customs 
information and data under such other agreements. 
ARTICLE 13: INSTITUTIONAL ARRANGEMENTS  
1 COMMITTEE ON TRADE FACILITATION  
1.1. A Committee on Trade Facilitation is hereby established. 
 WT/PCTF/W/8 
 
- 20 - 
 
  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 ad ministration 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 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. 
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 bo th domestic coordination and implementation of 
provisions of this Agreement. 
 WT/PCTF/W/8 
 
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  SECTION II  
SPECIAL AND DIFFERENTIAL TREATME NT 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 building15 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 timi ng of implementing the provisions of this 
Agreement shall be related to the implementation  capacities of 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. 
1.3. Least developed country Members will only be required to undertake commitments to the 
extent consistent with their individual deve lopment, 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. 
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. 
3 Notification and Implementation of Category A  
3.1. Upon entry into force of this Agreement, ea ch 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 afte r 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. 
 
                                               
15 For the purposes of this Agreement, "assistance and support for capacity building" may take the 
form of technical, fina ncial, or any other mutually agr eed form of assistance provided. WT/PCTF/W/8 
 
- 22 - 
 
  4 Notification of Definitive Dates for Impl ementation 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.16 
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 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 implement17. 
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.18 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 sub-
paragraph 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. 
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 
definitive dates, the Member may request that the Committee extend the period 
sufficiently to notify its dates. 
 
                                               
16 Notifications submitted may also include such fu rther information as the notifying Member deems 
appropriate. Members are encouraged to provide information on the dome stic agency/entity responsible for 
implementation. 
17 Members may also include information on national trade facilitation implementation plans or 
projects; the domestic agency/entity responsible for implementation; and the donors with which the Member 
may have an arrangement in place to provide assistance. 
18 Such arrangements will be on mutually agreed terms, either bilaterally or through appropriate 
international organizations, consistent with paragraph 9.3. WT/PCTF/W/8 
 
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  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 leas t 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.19 
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-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.20 The participating least developed co untry 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 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 dates 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 la ck 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 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 stipul ated in paragraph 4.1 b. or 4.1 e., or in the 
case of a least developed country Member paragrap h 4.2 b. or 4.2 f., or extended by paragraph 
4.3. 
4.5. 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. 
 
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 
                                               
19 Members may also include information on national trade facilitation implementation plans and 
projects and information on the domestic agency/entit y responsible for implementation, and the donors with 
which the Member may have an arrangem ent in place to provide assistance. 
20 Such arrangements will be on mutually agreed terms, either bilaterally or through appropriate 
international organizations, consistent with subparagraph 9.3. WT/PCTF/W/8 
 
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  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 implemen tation date. Least developed countries 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 entitl ed 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. 
6 Implementation of Category B and Category C  
6.1. In accordance with paragraph 1.2, if a deve loping 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 su pport for capacity building. The composition of the 
Expert Group shall ensure balance between nati onals 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 a recommendation to the Trade Facilitation Committee. When considering the Expert 
Group's recommendation concerning a least develo ped 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 WT/PCTF/W/8 
 
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  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. 
7 Shifting between Categories B and C  
7.1. Developing Country Members and least deve loped country Members who have notified 
provisions under Categories B and C may shift pr ovisions between such categories through the 
submission of a notification to the Committee. Wh ere a Member proposes to shift a provision from 
Category B to C, the Member shall provide inform ation 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 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 revi ew 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. 
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 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 stag es 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. 
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 develope d country Members, on mutually agreed terms WT/PCTF/W/8 
 
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  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 
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 develo ped 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 9.3, deve lopment 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 fr amework 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 Me mbers 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 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 officials, both in capitals and Geneva, in the 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 ongoin g 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. 
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 
assistance and support for implementation of Sect ion 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 WT/PCTF/W/8 
 
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  preceding twelve months and, where available, that is committed in the next twelve months21: 
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 responsibl e 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 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 c oordinating 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 Regi onal 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. 
 
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 afte r its entry into force shall implement its 
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 esta blishment 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 
                                               
21 The information provided will refl ect the demand driven nature of the provision of technical assistance. WT/PCTF/W/8 
 
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  under the Agreement on Technical Barriers to Tr ade and the Agreement on the Application of 
Sanitary and Phytosanitary Measures. 
7. All exceptions and exemptions22 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 Understa nding 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. 
11. The Category B and C commitments of develo ping 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. 
 
 
_______________ 
  
                                               
22 This includes Articles V:7 and X:1 of the GATT 1994 and the Ad note to Article VIII of the GATT 1994. WT/PCTF/W/8 
 
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  ANNEX 1: FORMAT FOR NOTIFICATION UNDER ARTICLE 10.1  
Donor Member: 
Period covered by the notification: 
 
 
 
__________  Description of the 
technical and 
financial 
assistance 
and capacity 
b ilding Status and amount
committed/disburse
d Beneficiary 
country/ Region 
(where necessary)  The implementing 
agency in the 
Member providing 
assistance Procedures for 
disbursement of the  
assistance