WORLD TRADE  
ORGANIZATION  TN/TF/W/117 
7 June 2006 
 (06-2715) 
Negotiating Group on Trade Facilitation Original:   English 
 
 
 
COMMUNICATION FROM JAPAN, KOREA, MONGOLIA, AND SWITZERLAND 
  
 The following communication, dated 2 June 2006 , is being circulated at the request of 
the Delegations of Japan, Korea, Mongolia, and Switzerland.  
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PROPOSALS ON PRE-ARRIVAL PROCESSING 
 
 
1. The following textual proposal is submitted by Japan, Korea, Mongolia, and Switzerland for 
consideration by the Negotiating Group.  It is closely based on the proposals on publication and 
availability of information made in the joint co mmunication TN/TF/W/98 of 10 May 2006 and takes 
account of the discussion and other submissions on this issue in the Negotiating Group.  
2. We acknowledge that some provisions require transitional implementation by developing-
country Members because of their lack of capacity to meet the obligations.  However, several core 
elements such as publication of trade-related law and regulations in accordance with Article X of 
GATT 1994 should be implemented by all the Members immediately upon the entry into force of the 
Trade Facilitation Agreement because of  the basic nature of such provi sions and the fact that the new 
agreement does not add any new obligations to the current system of GATT 1994.  Similarly, we 
believe that national treatment, most-favoured-n ation treatment, general and security exceptions 
provided for in Articles I, III, XX, and XXI of GATT 1994 should apply to all the Members 
immediately even if those concepts are not stipul ated in the new agreement.  The following is an 
example of text which explicitly incorporates Articles XX and XXI of GATT 1994 into the new 
agreement: 
With regard to general and security exceptions, the provisions of Articles XX and XXI of 
GATT 1994 shall apply. 
 
3. Please note that the textual proposal of the S&D pr ovisions in this paper is merely preliminary 
and that this paper lacks the TA&CB provisions.  We recognize the need to have an intensive 
discussion to reach a consensus on how to specifi cally elaborate the S&D treatment and TA&CB 
based on communications from Members such as TN/TF/W/81, TN/TF/W/82 and TN/TF/W/95 once 
the Negotiating Group comes up with a certain level of obligations clarified or improved through the 
negotiations. 
 
 
 
. /. TN/TF/W/117 
Page 2 
 
 
   
Textual proposals  
 A. P
RE-ARRIVAL PROCESSING  
1. Pre-arrival Processing 
 Members shall maintain or introduce pre-arrival processing, which is defined as 
administrative procedures of customs and other relevant border agencies to accept and examine 
import documentation and other requi red information upon the submission by traders prior to the 
arrival of goods, in order to further expedite th e clearance of goods where appropriate.  In cases where 
it is decided that no further examination is re quired, goods should be cleared immediately upon 
arrival.  2. International Standards and Practices 
 Members shall draw on relevant international standards and practices
1 as a basis for pre-
arrival processing. 
 
3. Reservations 
 Nothing in these provisions shall affect the ri ght of Members to conduct examinations where 
necessary or to maintain appropriate border control with the use of risk management. 
 
4. Special and Differential Treatment 
 [Developing-country Members shall not be require d to apply these provisions for a period of 
[ ] years from the date of application.  [Membe rs or a newly established body] shall, upon duly 
motivated request by a developing-country Me mber, accord extensions of this period. 
 
 Least-developed country Members shall not be  required to apply these provisions until their 
acquisition of the necessary capacity to implement such provisions.] 
 
 
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1 International standards and practices include, Standard 3.25 of the Revised Kyoto Convention, WCO Guidelines 
for the immediate release of consignments by Customs.