JOB/GC/199  
 
21 September 2018  
(18-5889) Page: 1/4 
General Council  Original: English  
 
JOINT STATEMENT ON E LECTRONIC COMMERCE  
COMMUNICATION FROM  AUST RALIA 
The following communication, dated 21 September 2018, is being circulated at the request of the 
delegation of  Australia . 
_______________  
1  INTRODUCTION  
1.1.  The WTO Joint Statement on E -Commerce  initiative provides Members with the opportunity to 
update international trade rules to reflect how trade is conducted in the 21st century. Trade 
facilitation is one area that should be re -visited in the context of unprecedented growth in  
e-commerce (part icularly electronically traded goods), to explore how a WTO agreement on 
e-commerce could support this growth trend.  
1.2.  This paper  seeks to contribute to the discussion on the elements highlighted for discussion at 
the September meeting related to Theme A "Enabling Digital Trade ", particularly digital trade 
facilitation, and "Transparency " under Theme D, by examining the following:  
• Commitments in the WTO Agreement on Trade Facilitation (TFA ) that are particularly 
relevant to, and already apply to electronically traded goods ; and 
• Examples of Australia 's FTA practice  that are relevant to the facilitation of digital trade.  
1.3.  This paper does not intend to present an exhaustive picture of the types of provisions that are 
relevant  to facilitating digital t rade, but attempts to highlight some key provisions, which could be 
consider ed as part of this initiative. This paper is presented for the purposes of exploratory work 
and is without prejudice to Australia 's position or to any outcome in future WTO negoti ations. These 
elements do not represent all of Australia 's interests and we remain open to engaging on all elements 
of trade -related aspects of e -commerce.  
2  WTO TFA  
2.1.  Trade in goods benefits from processes and rules that make trade faster, cheaper, more 
efficient, and more transpa rent, such as those in the TFA.  Recognising the application of the TFA to 
e-commerce in goods, Australia has identified elements in that Agreement that we see as particularly 
relevant to digital trade.  Australia believes Members shou ld consider going further on some of these 
issues as part of WTO negotiations on digital trade (see part 2 of the paper for example text ). 
Members  may also wish to consider affirming the importance of implementing the TFA.  
2.1  Transparency and paperless tradin g 
• TFA Article 1 Publication and Availability of Information,  paragraphs 1 Publication and 
2 Information Available Through Internet ; and  
• TFA Article 2 Opportunity to Comment, Information Before Entry into Force and 
Consultations . JOB/GC/199  
 
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  2.2.  Commitments in the TFA that  seek to promote transparency do so by ensuring ease of access 
to trade documentation, as well as advance publication and consultation  on draft laws and 
regulations.  Improving  the accessibility of information for traders is intended to reduce the cost of 
trade for business. Advance consultations is particularly important in a fast -developing sector like 
e-commerce.  
2.3.  Commitments that facilitate paperless trading in the TFA seek to ensure relevant 
documentation and information  is available through the internet  and (in some circumst ances) can 
be submitted online.  Such disciplines enable the expedited exchange of trade related data and 
documents, which facilitate faster clearance of goods through automated processes.  They can also 
help reduce the costs assoc iated with these transactions. Relevant prov isions also exist under 
Article  7 Release and Clearance of Goods.  
2.2  Release  of goods  
• TFA Article 7 Release and Clearance of Goods, paragraph 1 Pre -arrival Processing  
2.4.  Allowing electronic  data to be provided in advance o f arrival assists in facilitating both the 
expedited release of good s and improved risk assessment.  Streamlining such processes is 
particularly important for high volume, low value parcels associated with the growth in e -commerce.  
2.3  De minimis   
• TFA Article 7 Release and Clearance of Goods, paragraph 8 Expedited Shipments, 8.2.d  
2.5.  Providing a de minimis  threshold under which customs duties, taxes and charges (other than 
domestic  taxes) will not be collected, allows for more efficient cross border movement of low value 
parcels, as these goods are not held by revenue collection (and possibly additional reporting) 
requirements. This is particularly important in the e -commerce contex t as the unprecedented 
increase in the volume of these types of parcels has contributed significantly to the overall increase 
in digital trade.  
2.4  Single window  
• TFA Article 10 Formalities Connected with Importation, Exportation and Transit, paragraph 
4 Singl e Window  
2.6.  A single window for trade facilitates the free flow of goods across the border, providing a 
simpler, faster  and more efficient system. Utilising digitalisation in a single window has the potential 
to further improve the efficiency of customs proce dures and better facilitate online trade in goods.  
3  AUSTRALIAN PRACTICE  IN FREE TRADE AGREE MENTS (FTAS)  
3.1.  While TFA commitments are valuable in facilitating online trade in goods, Australia is of the 
view that we should use WTO negotiations to go further in terms of improving the enabling 
environment for digital trade, and the facilitation of digital trade (in both goods and services) in 
particular.  
3.2.  Below are some of Australia 's digital trade facilitation provisions from the Electronic Commerce  
and Customs  Administration and Trade Facilitation  chapters of our recent FTAs to provide examples 
of how we have included provisions on the above issues in our FTAs.   
3.3.  This is a non -exhaustive list and the examples are drawn from the Peru -Australia Free Trade 
Agreement  (PAFTA), the amended Singapore - Australia Free Trade Agreement (SAFTA) and the 
Comprehensive and Progressive Agreement for Trans -Pacific Partnership (TPP -11). JOB/GC/199  
 
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  3.1  Transparency  
3.4.  While the TFA includes provisions with respect to transparency for trade administration 
documents, Australia n FTA practice includes commitments to make publicly  available measures 
relevant to e -commerce provisions.  As transparency with respect to the regulatory environment 
assists in building business and consumer confidence when engaging in digital trade, Membe rs could 
consider committing to make measures relevant to digital trade publicly available. Australia provides 
SAFTA  Chapter 14 Electronic Commerce, Article 3 Transparency  as example text.  
3.2  Paperless  trading  
3.5.  While there is no dedicated TFA provision on paperless trading, the TFA does provide that 
certain types of information must be made available  through the internet, and allows el ectronic 
advance lodgement of documents to assist pre -arrival processing. Australian FTA commitments on 
paperless trading encourage the electronic availability to the public, as well as the acceptance of 
electronic submission of all trade administration do cuments. Australia provides SAFTA  Chapter 14 
Electronic Commerce Article 10 Paperless Trading as example text.  
3.3  Release of goods  
3.6.  While TFA commitments do provide, with caveated language (i.e. , 'as appropriate '), for the 
online submission of documents to fa cilitate the early release of goods, Australian FTA practise uses 
stronger  language and explicitly provides for electronic processing of customs information, instead 
of just submission of documents.  Australia provides PAFTA Chapter 4 Customs Administratio n and 
Trade Facilitation, Article 4.10 Release of Goods, paragraph 2b)  as example text.  SAFTA  - Chapter 14 Electronic Commerce  
Article 10 : Paperless Trading  
1. Each Party shall make publicly available, which may include through a process prescribed by 
that Party, electronic versions of all existing publicly available versions of trade administration 
documents.  
2. Each Party shall accept electronic versions of its trade administration documents as the legal 
equivalent of paper documents except where:  
(a) there is a domestic or international legal requirement to the contrary; or  
(b) doing so would reduce the eff ectiveness of the trade administration process.  
3. The Parties shall cooperate bilaterally and in international fora to enhance the acceptance of 
electronic versions of trade administration documents.  
 
Note: Given the cross -cutting nature of digital trade , commitments on paperless trading also sit 
in the Customs Procedures chapter.  SAFTA - Chapter 14 Electronic Commerce  
Article 3 Transparency  
1. Each Party sha ll promptly publish, or otherwise promptly make publicly available where 
publication is not practicable, all relevant measures of general application which pertain to or 
affect t he operation of this Chapter.  
2. Each Party shall respond promptly to any request by the other Party for specific information 
on any of its measures of general application within the meaning of paragraph 1.  
 
Note: Given the cross -cutting nature of digital trade, commitments on transparency also sit in 
the following chapters; 4 C ustoms Procedures; 7 Cross Border Trade in Services; 8 Investment; 
9 Financial Services; 10 Telecommunications Services; and 12 Competition Policy.  JOB/GC/199  
 
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  3.4  De minimis  
3.7.  While the TFA provides for a de mi nimis  to exist, it is a qualified commitment (as it refers to 
'to the extent possible '). In some of our FTAs, Australia has gone further and made a hard 
commitment to maintain  a de minimis  threshold. Australia provides TPP-11 Chapter 5 Customs and 
Trade Fa cilitation, Article 5.7 Express Shipments, paragraph 1f)  as example text.  
3.8.  Members  could also consider setting an internationally applied de minimis  threshold of a 
specific amount in the context of the WTO E -commerce initiative, which would enhance facilitation 
of the movement of goods by providing consistency for businesse s trading across markets.  
3.5  Single  window  
3.9.  The TFA commitment and Australian FTA practice is to work towards deliverin g a single window 
for trade. Members could consider whether reaffirming the importance of implementing the TFA may 
be sufficient  to ensure coverage of this issue in the WTO E -commerce initiative. Australia provides 
TPP-11 Chapter 5 Customs Administration a nd Trade Facilitation, Article 5.6 Release of Goods, 
paragraph 2  as example text.  
4  CONCLUSION   
4.1.  Australia looks forward to engaging on the issues presented in this paper, among others, with 
all Members  with a view to enhancing regulatory frameworks to enabl e digital trade.  
 
 
__________  TPP-11 - Chapter 5 Customs Administration and Trade Facilitation  
Article 5.7: Express Shipments  
1. Each Party shall adopt or maintain expedited customs procedures for express shipments while 
maintaining appropriate customs control and sel ection. These procedures shall:  
f) provide that, under normal circumstances, no customs duties will be assessed on 
express shipments valued at or below a fixed amo unt set under the Party 's law.  Each 
Party shall review the amount periodically taking into account factors that it may consider 
relevant, such as rates of inflation, effect on trade facilitation, impact on risk 
management, administrative cost of collecting duties compared to the amount  of duties, 
cost of cross -border trade transactions, impact on SMEs or other factors related to the 
collection of customs duties.  
 
Note: The Rules of Origin chapter also wa ives the requirement to provide a certificate of origin for 
consignments under USD1, 000.  
TPP-11 - Chapter 5 Customs Administration and Trade Facilitation  
Article 5.6 Automation  
2. Each Party shall endeavour to provide a facility that allows importers and exporters to 
electronically complete standardised import and export requirements at a single -entry point.  PAFTA - Chapter  4 Customs Administration and Trade Facilitation  
Article 4.10 Release of Goods  
2. Pursuant to paragraph 1, each Party shall adopt or maintain procedures that:  
b) provide for the electronic submission and processing of customs information in 
advance of the arrival of the goods in order to expedite the release of goods fr om customs 
control upon arrival