./.  WORLD TRADE  
ORGANIZATION  TN/TF/W/22 
21 March 2005 
 (05-1179) 
Negotiating Group on Trade Facilitation Original:   English 
  
 
COMMUNICATION FROM UGANDA AND THE UNITED STATES 
 
 
 The following communication, dated 18 March 2005, from the Delegations of Uganda and the 
United States, is being circulated in advance of  the Negotiating Group meeting of 22-24 March.   
 
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CONSULARIZATION 
 
Proposal by Uganda and the United States
 
 
 
I. PROPOSAL 
X Prohibition of requiring consular transacti ons, including consulariz ation-relat ed fees and 
 charges, in connection with the importation of goods.  
II. IMPROVEMENT AND CLARIFICATION 
1. GATT Article VIII states that "contracting parties recognize the need for reducing the number 
and diversity of fees and charges".  Howeve r, there are no binding prohibitions in the GATT 
Article VIII on the use of specific fees and charg es.  The proposal would bring clarification and 
improvement to GATT Article VIII through the ex plicit prohibition of an outdated and unnecessary 
practice that presents a market access barrier. 
III. EXPERIENCE  
2. For purposes of this proposal, a "consular tr ansaction" (also sometimes referred to as 
"consularization" or "legalization") means require ments that goods intended for export must first be 
submitted to the supervision or certification by the consul of the importing Member in the territory of 
the exporting Member, for the purpose of obtaining consular invoices or consular visas for commercial invoices, manifests, shippers' export decl arations, or consul "verification" of other 
elements of customs documentation required in c onnection with importation such as valuation or 
origin. 
3. Whatever positive administrative purpose that  may have once been served by such a 
requirement for consularization has been long overtak en by the speed of today's trading environment 
as well as modern administrative techniques for verifi cation that border requirements are being met.  
Consularization requirements, including related fees, have been shown to have an inordinate impact 
on exporters from developing-count ry Members – particularly least-developed Members and the TN/TF/W/22 
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 landlocked.  For small- and medium-sized enterpri ses from all Members, consularization requirements 
can present a barrier to market access. 
4. Notably, in 1952 the GATT Contracting Parti es recommended the abolition of consular 
invoices and consular visas, a recommendation that was subsequently reaffirmed on several occasions.  This represents recognition that consulari zation generally is a duplication of function that 
is subsequently carried out within the importing country – where the necessary expertise for such 
function resides, rather than with a consular officer.  
IV. COSTS 
5. The proposed commitment would result in the elimination of a bureaucratic function, and 
therefore result in costs savings to traders and administrators alike. 
V. SPECIAL AND DIFFERENTIAL TREATMENT 
6. Many Members have already phased out consul arization requirements for imported goods.  
Examination could take place on whether appropria te transition mechanisms would be necessary for 
addressing particular individual need associated w ith an existing consularization requirement.  
However, given the importance attached by least-d eveloped, landlocked countries to the elimination 
of such requirements, every effort should be made to ensure immediate elimination by developed and 
developing-country Members alike. 
VI. TECHNICAL ASSISTANCE AND CAPACITY BUILDING 
7. It is not apparent whether im plementation of the proposal would require technical assistance, 
but such an assessment should be made. 
VII. PROPOSED NEXT STEPS IN NEGOTIATIONS 
X Members assess the effect of such a propos al and work together to refine a specific 
 description capturing "consulari zation" or "legalization".  
 X Members exchange experiences on the implementa tion and technical assistance, and develop 
 a path by which every Member can ultimately  achieve full implementation of the proposed 
 commitment, also taking into account, as appropriate, the work of International 
 Organizations such as the World Bank and WCO. 
 
 
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