WORLD TRADE  
ORGANIZATION  TN/TF/W/155 
26 May 2008 
 (08-2416) 
Negotiating Group on Trade Facilitation Original:   English 
 
 
 
COMMUNICATION FROM HONG KONG CHINA, JAPAN, MONGOLIA, NORWAY, 
SWITZERLAND AND TURKEY 
  
 The following communication, dated 23 May 2008, is being circulated at the request of the 
Delegations of Hong Kong China, Japan, Mongolia, Norway, Switzerland and Turkey. 
 
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PROPOSAL ON PUBLICATION AND AVAILABILITY OF INFORMATION 
 
 1. The following textual proposal is submitted by Hong Kong China, Japan, Mongolia, Norway, 
Switzerland and Turkey for consideration by the Negotiating Group.  It is closely based on the 
proposals on publication and availability of  information made in the communications 
TN/TF/W/114/Rev.1 and TN/TF/W/132/Rev.1 and takes account of the discussion and other 
submissions on this issue in the Negotiating Group.
1  The co-sponsors believe that issues such as 
national treatment, most-favoured-nation treatment , general and security exceptions, S&D treatment 
and TA&CB should be dealt with in a cross-cutting manner.  They are therefore not included in the 
current proposal.  
Textual Proposals  
 I. PUBLICATION AND AVAILABILITY OF INFORMATION 
A. P
UBLICATION  
2. Each Member shall publish promptly2 all laws, regulations, judicial decisions and 
administrative rulings of general application relating to or affecting trade in goods in such a manner 
provided for in Article X of GATT 1994.  The information to be published shall include: 
(a) Procedures of border agencies (including port,  airport, and other entry-point procedures 
and relevant forms and documents); 
(b) Rate of duties and taxes imposed on or in connection with importation, exportation or 
transit (including applied tariff rates); 
(c) Decisions and examples of customs classification; 
(d) Import, export or transit restrictions; 
                                                      
1The co-sponsors propose that  this communication replaces  TN/TF/W/114/Rev.1 and 
TN/TF/W/132/Rev.1 in the compilation document TN/TF/W/43/Rev.15 and its subsequent revisions, except for 
the text on prior publication and consultation contained in TN/TF/W/132/Rev.1. 
2The paragraphs of proposals TN/TF/W/115/Rev.1 and TN/TF/W/132/Rev.1 concerning prior 
publication provide further clarification of the term "promptly". TN/TF/W/155 
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  (e) Fees and charges imposed on or in connection with importation, exportation or transit; 
(f) Penalty provisions against breaches of import, export or transit formalities; 
(g) Appeal procedures; and 
(h) Agreements with any country or co untries relating to the issues above. 
B. AVAILABILITY  
3. Each Member shall ensure that the information re ferred to in paragraph 2 is made available in 
a non-discriminatory and convenient manner via officially designated sources. 
 
II. ESTABLISHMENT OF AN OFFICIAL WEBSITE 
4. Recognizing that electronic means of publication would be the most cost effective and easily 
accessible format for publication of information, each  Member shall make available and keep current 
on one or more publicly accessible official websites: 
 
(a) an outline of its border agencies' procedur es, including their appeal procedures, as 
well as its import, export or transit restrictions, in such a manner as to enable 
[interested parties] to beco me acquainted with them.  
(b) all forms and documents required for im portation, exportation or transit. 
The outline referred to in paragraph 4(a) shall also  include references to the relevant trade-related 
legislation as well as the titles of and electronic li nks to all forms and docum ents as provided for in 
paragraph 4(b).  
5. The language of publication for the outline referre d to in paragraph 4(a) shall, whenever 
practicable, be one of the official languages of the WTO. 
III. ESTABLISHMENT OF ENQUIRY POINTS 
6. Each Member shall ensure that one or more  enquiry points are available [to interested 
parties]. The enquiry points shall be responsible for: 
(a) answering enquiries [from interested par ties] on trade-related legislation and 
procedures; 
(b) providing the information and documents requested [to interested parties]. 
7. Where a Member requires payment of a fee fo r enquiries, such fees shall not exceed the 
approximate cost of the service rendered.3 
8. [The enquiry points shall reply to enquiries within a time period set by each individual 
Member.] 
9. Members involved in a regional integration may establish enquiry points at the regional level. 
                                                      
3 This paragraph may be dropped at a later stage if th is aspect is properly d ealt with in a cross-cutting 
manner throughout the TF Agreement.  TN/TF/W/155 
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  IV. UNIFORM ADMINISTRATION 
10. Each Member shall interpret and administer in  a uniform, impartial a nd reasonable manner all 
its laws, regulations, decisions and rulings of the kind described in paragraph 2. 
V. NOTIFICATIONS 
11. Each Member shall notify to the [Trade F acilitation Committee] the officially designated 
sources referred to in paragraph 3, the official websites referred to in paragraph 4, as well as the 
contact information of the enquiry po ints referred to in paragraph 6. 
VI. GENERAL RESERVATIONS 
12. Nothing in these provisions shall be construed as requiring: 
(a) the publication or provision of information re ferred to in paragraph 2 other than in the 
language of the Member except as stated in paragraph 5;  or 
(b) Members to disclose confidential informa tion which would impede law enforcement 
or otherwise be contrary to the public in terest or would prejudice the legitimate 
commercial interests of particular enterprises, public or private. 
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