WORLD TRADE  
ORGANIZATION  TN/TF/W/30 
27 April 2005 
 
 (05-1722) 
Negotiating Group on Trade Facilitation Original:   Spanish 
  
 
COMMUNICATION FROM PERU 
  
 The following communication, dated 26 April 2005, from the delegation of Peru, is being 
circulated in advance of the Negotiating Group meeting of 2 and 4 May. 
 
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I. INTRODUCTION:  PROPOSAL S RELATING TO ARTICLES V, VIII AND X OF 
THE GATT 
1. Trade facilitation is one of the most significant i ssues in the field of international trade for all 
WTO Members, in particular the developing and le ast developed countries, given that it is a trade 
instrument which aims to secure greater market ac cess opportunities for products of export interest to 
Members. Since 2002, trade facilita tion has become one of the key objectives of Peru's national 
export strategy, known as the Strategic National Export Plan (Plan Estratégico Nacional de 
Exportaciones, PENX).  
2. In this context, Peru considers that a practi cal approach to the review and assessment of 
Articles V, VIII and X of the GATT is of the essen ce, with a view to the submission of proposals 
intended to improve these Articles or  render them more operational.  In this respect, an inventory 
stating, inter alia , the facilitation measure applied, the beneficiaries, the sectors involved in its 
implementation, the regulations governing it (for ex ample, Law, Supreme Decree, etc.), and the 
economic / trade impact of its applica tion would prove particularly useful. 
3. An inventory of the trade facilitation measur es currently applied by Members would serve 
two purposes: 
• Provide an overview of the measures in relation to each of the Articles under review.  
This could include the main trade facilita tion measures adopted by Members, which 
could then be grouped into three categori es corresponding to each of the Articles. 
This would give a picture of the situation with regard to the simplification and streamlining of Members' trade flows a nd provide an understanding of Members' 
situations as regards trade facilitation. 
 
• On the basis of such information, decisions could be taken on the following:  
 
(i) Which measures currently applied by  Members need to be endorsed and 
encouraged by technical and financia l cooperation activities and reflected in 
WTO provisions;  and  
(ii) which new measures need to be adopted under WTO provisions for further 
development by Members, with the backing of technical and financial 
assistance and cooperation. TN/TF/W/30 
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 4. Trade facilitation and proper control of im port and export operations are two indissoluble 
elements of any trade mechanism: facilitating trade between Members while, at the same time, 
ensuring efficient control of this trade.  Such a balance is essential in the current context of global 
trade.  In this respect, technical and financial c ooperation is indispensable for Members to be able to 
develop or maintain trade facilitation measures. 
II. PROPOSALS RELATING TO ARTICLE V:  FREEDOM OF TRANSIT 
1. Promotion of the use of international instru ments relating to customs transit, including the 
possibility of acceding to such inst ruments, where applicable.    
2. Simplification of customs formalities and increased use of electronic and interconnection 
media for the inspection of goods upon entry to, at subsequent stops within, and on exit from a 
customs territory to ensure complia nce with the customs legislation in force in the territory of the 
Member. 
3. Development and implementati on of automated and internationa lly standardized procedures 
for the receipt and submission of information on goods , means of transport and persons prior to their 
arrival at the border post to enable in-advance selection and risk assessment by the competent 
authorities. 
III. PROPOSALS RELATING TO ARTICLE VIII:  FEES AND FORMALITIES 
CONNECTED WITH IMPORTATION AND EXPORTATION 
1. Recommendation to establish a single-window mechanism at borders or ports with efficient 
computer back-up. 
2. Recommendation to accede to the conventio ns administered by the World Customs 
Organization (WCO) which seek to harmonize and si mplify customs procedures, in particular the 
International Convention on the Simplification a nd Harmonization of Customs Procedures (Kyoto 
Convention), the Convention on Temporary Admi ssion (Istanbul Convention) and the Brussels 
Convention on Nomenclature for the Classi fication of Goods in Customs Tariffs, inter alia , which 
include mechanisms for the progressive adoption of commitments, selectivity as regards the inclusion 
of regulations and the po ssibility of reservations. 
3. Establishment of disciplines on the application of risk assessment criteria and on pre-
clearance, concurrent, and post-clearance control of goods. Members will be required to grant 
sufficient authority to customs administration suppor t institutions to safeguard the audit function and 
effective post-clearance control of goods. 
4. Automation of customs and other agency im port/export procedures, with the possibility of 
electronic submission of customs and other declarat ions, and automated payment of duties and other 
fees and charges. 
5. Establishment of objective criteria for the application of fees and charges by Members to 
import and export operations.  
6. Possibility of establishing an enhanced cust oms clearance system with provisions on the 
security (bonds, financial guarantees, etc.) or other forms of collateral required to ensure that the 
obligations of importers, warehou se operators or international goods carriers towards the customs 
authorities are properly discharged.    TN/TF/W/30 
 Page 3 
 
 
 7. Establishment of specific procedures applicab le to express shipments in order to facilitate 
trade in these goods without inte rfering with customs control. 
8. Establishment of border control cooperati on and coordination mechanisms between the 
various authorities at Members' entry and exit points. 
IV. PROPOSALS RELATING TO ARTICLE X:  PUBLICATION AND 
ADMINISTRATION OF TRADE REGULATIONS 
1. Establishment of mechanisms ensuring the publication and availab ility of information on 
customs procedures to all Members in readily and promptly accessible official media (including, where possible, in electronic form). 
2. Establishment of enquiry points facilitating access to trade-related information, for example, 
the creation of a National Enquiry Point operating a free-of-charge 24-hour service or an informative 
website providing a broad range of customs inform ation with links to other relevant sites.  
3. Publication of all relevant legislation on customs procedures relating to the various customs 
regimes.  Inclusion of the legal basis for ad ministrative decisions would be appropriate. 
4. Establishment of minimum time periods befo re the entry into force of new regulations, 
thereby enabling trade operators to respond effectiv ely to such regulations and implement them in 
such a way as to facilitate trade transactions. 
V. TECHNICAL AND FINANCIAL ASSISTANCE AND COOPERATION  
1. Technical and financial assistance and c ooperation and capacity-building are essential 
elements of the trade facilitation work progra mme. These complementary processes are crucial to 
achieving proper and effective implementation of trade facilitation measures by Members.  
2. Technical and financial assistance and cooperati on must satisfy Members' need for efficient 
and transparent import and export procedures which, at  the same time, ensure the control required by 
customs administrations.  To this end, technical and financial assistance and cooperation must seek to 
develop the technical and infrastructural capab ilities of each Member as well as to build such 
capabilities in areas where they are lacking. 
3. A detailed assessment of the current situ ation as regards the trade facilitation measures 
implemented by Members would enable their needs to  be identified and prioritized.  This, in turn, 
would make it possible to determine the kind of t echnical and financial assistance and cooperation 
that could be provided, both by the more devel oped Members and by international organizations, in 
response to those needs. 
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