. /.  WORLD TRADE  
ORGANIZATION  TN/TF/W/13 
4 February 2005 
 (05-0480) 
Negotiating Group on Trade Facilitation Original:   English 
  
 
COMMUNICATION FROM THE UNITED STATES 
  
 The following communication, dated 4 February 20 05, is being circulated at the request of the 
United States. 
 
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PROPOSAL ON TRANSPARENCY AND PUBLICATION 
 
 
I. PROPOSAL 
X Internet "publication" of the elemen ts set out in Article X of GATT 1994
1 
 X Internet "publication" of specified inform ation setting forth the procedural sequence and 
other requirements for importing goods into a Member's territory 
 
II. IMPROVEMENT AND CLARIFICATION 
1. This proposal would clarify and improve rele vant current transparency-related provisions 
under GATT Article X of GATT 1994 by setting out the use of the Internet as the medium of 
"publication" and by providing greater precision and specificity with regard to the elements that 
should be published in such a manner as  it pertains to import procedures.   
III. EXPERIENCE 
2. This proposal embodies one of the simplest ye t most powerful improvements to the trading 
system, moving forward to the Information Age the concept of "publication" as currently provided under Article X of GATT 1994.  The United States is  not alone in its recognition and use of this 
important tool.  In addition to most of its develope d country Member partners, an informal survey of 
more than 90 developing country Members show s that at least 40 had established comprehensive 
websites that included some specific information on import procedures.  The importance of this 
element is also reflected in previous WTO work on Trade Facilitation (see., G/C/W/379 submission 
by Canada ;  G/C/W/363  submission by European Communities ). 
                                                     
 
1The elements set out in Article X: "Laws regulations , judicial decisions and administrative rulings of 
general application, made effective by any contracting part y, pertaining to the classification or the valuation of 
products for customs purposes, or to rates of duty, taxes or other charges, or to requirements, restrictions or prohibitions on imports or exports or on the transfer of payments therefore, or affecting their sale, distribution, 
transportation, insurance, wareho using inspection, exhibition, processing, mixing or other use".  
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 IV. COSTS 
3. Undoubtedly, there are certain costs associated with the development and maintenance of an 
Internet site.  At the same time, experience shows th at such costs have been dropping dramatically as 
technology improves and the ability to easily draw from "off the shelf" products has emerged.  In 
addition, there are significant resource-savings an d efficiencies to be gained, especially when 
compared to other methods of communicating info rmation to the public, whether through a federal 
gazette or simply having to deal with freque ntly asked questions of a general character. 
4. The most significant beneficiaries of universal  and robust implementation of this proposal 
would be small and medium-sized enterprises, given that SME's generally do not maintain either an 
economic presence or representation in the territory  of export markets.  The proposed commitment 
would operate to ensure that SME's have an elect ronic portal to markets worldwide, presenting new 
opportunities not otherwise available. 
V. SPECIAL AND DIFFERENTIAL TREATMENT 
5. Informal surveys by the United States have alr eady shown that there has been considerable 
progress, but with wide variance among developing country Members toward robust implementation 
of this proposal.  The unique situation of each i ndividual Member regarding implementation of the 
proposed commitment could be addressed early in th e negotiations through the use of diagnostic tools 
providing an assessment of specific needs, which can  lead to appropriate and workable transition 
periods combined with assistance targeted at individual situations. 
VI. TECHNICAL ASSISTANCE AND CAPACITY BUILDING 
6. The United States has experience in providing t echnical assistance towards the development 
of websites for customs authorities.  A recent example includes efforts undertaken in conjunction with 
planning for implementation of the provisions of the customs chapter in a free trade agreement 
negotiated with its Central American trade partne rs.  Others assistance providers may have similar 
experience, and it would be useful if such Member s and, as appropriate, International Organizations 
would provide information on experiences and av ailable resources specifically related to this 
particular proposal. 
VII. PROPOSED NEXT STEPS IN NEGOTIATIONS 
X Members work together to refine and articulate w hat is meant by a commitment to Internet 
"publication." 
 X Members work together through the Negotiating Group to seek out assistance of appropriate 
International Organizations and underta ke country-specific diagnostics regarding 
implementation of the proposal, with the results  to include an assessment of possible tasks, 
time line, and resources necessary for each particular Member to achieve effective implementation. 
 
X Members exchange experiences on implementation and technical assistance, and develop a 
path by which every Member can ultimately ac hieve full implementation of the proposed 
commitment.  
 
 
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