WORLD TRADE  
ORGANIZATION  TN/TF/W/167 
6 January 2010 
 
 (10-0014) 
Negotiating Group on Trade Facilitation   
  
 
COMMENTS AND TEXTUAL SUGGESTIONS 
  
 This document contains written comments and textual suggestions
1 on proposals falling under 
GATT Articles V, VIII and X as well as special a nd differential treatment that were submitted by 
Members after the meeting of the Negotiating Gr oup on Trade Facilitation held November 9-13, 
2009.  These comments and suggestions have been incorporated in the trade facilitation Draft 
Consolidated Negotiating Text found in document TN/TF/W/165.   Note that the number sequence of the article s, headings and subheadings is derived from 
TN/TF/W/165 in order to facilitate  cross-referencing of these proposals with the Draft Consolidated 
Negotiating Text.    The submissions are from the following Members:  
• Benin 
• Cambodia 
• Chile 
• Ecuador 
• Egypt 
• European Union 
• Guatemala 
• Hong Kong 
• India 
• Israel 
• Korea 
• Mexico 
• Morocco 
• Namibia 
• Nigeria 
• Norway 
• Philippines 
• Singapore 
• Sudan
2 
• Switzerland 
• Tanzania on behalf of the LDC Group 
• United States 
• Viet Nam 
• Zambia 
                                                      
 1 Comments that have been reflect ed in the Draft Consolidated Text  are shaded in this document. 
 2 Comments from WTO Observer Countries are not  included in the Draft Consolidated Text. TN/TF/W/167 
Page 2  
 
  SUBMISSION FROM BENIN 
  ARTICLE 10:  FORMALITIES CONNECTED WITH IMPORTATION AND EXPORTATION  
6. Elimination of Pre-shipment Inspection 6.1 Without prejudice to paragraphs 2 and 3, Memb ers shall not require the use of pre-shipment 
inspections or their equivalent. 
Counterproposal :  Without prejudice to paragraphs 2 and 3,  Members shall strive to not require the 
mandatory use of pre-shipment inspections or their equivalent. 
 
6.2 Developing-country Members shall elimin ate any requirements to use pre-shipment 
inspections or their equivalent not later than [X] years from the entry into force of this commitment. 
Counterproposal :  Developing-country Members shall, to the extent possible, strive to progressively 
eliminate any mandatory requirements to use pre- shipment inspections of merchandise or their 
equivalent not later than [X] years from th e entry into force of this agreement. 
 6.3 Least-developed country Members shall elim inate any requirements to use pre-shipment 
inspections or their equivalent not later than [Y] years from the entry into force of this commitment. 
Counterproposal :  Least-developed country Members shall, to the extent possible, strive to 
progressively eliminate any mandatory requirements to use pre-shipment inspections of merchandise 
or their equivalent not later than [X] years from the entry into force of this agreement. 
 6.4 From the entry into force of this commitmen t, Members shall not introduce or apply any new 
requirements to use pre-shipment inspections or their equivalent. 
Counterproposal :  From the entry into force of this agreement, Members shall not introduce or apply 
any new requirements to make mandatory the use of pre-shipment inspections of merchandise or their 
equivalent.  TN/TF/W/167 
 Page 3 
 
 
  SUBMISSION FROM CAMBODIA 
  ARTICLE 7: RELEASE AND CLEARANCE OF GOODS  
6. Authorized Traders  
6.3 [As determined by domestic legislation, ] the additional facilitation measures for such 
authorised traders [[may][but][shall]] [where prac ticable] include [at least four of the following 
comments], [ inter alia ]:  
(a) [the possibility of periodic [declarations and] payment of duties];  
 
Counterproposal :  "This facility is called "Deferred payment"  when some traders are allowed to clear 
goods and pay duty and taxes at the defined later stage."   
 
(d) [more] rapid release time. 
 
Counterproposal :  "Proposal to add after  release time the words "including, where appropriate, the 
clearance at trader's premise". Other option is to combine (b) and (d) to read as: more rapid release 
time byway of reduced physical examination, and wh ere appropriate, clearance at trader's premise". 
 7. Expedited Shipments 
 
7.1 Each Member shall adopt or maintain pro cedures allowing for expedited release of goods to 
[[persons] that apply for such service], while ma intaining customs control [and selection]. A Member 
may require that an applicant shall, as a condition for the application of the procedures described in 
paragraph 7.2 to its expedited shipments:  
Counterproposal : Propose to delete "and selection"  as selection is the act or exercise of customs 
control. 
 
(b) submit the information necessary for release in  advance of the arrival of an expedited 
shipment; 
Counterproposal :  Propose to replace "release" with "processing". 
 (e) [allow [under normal circumstances] for th e release of expedited shipments before 
and without prejudice to the final determination of the applicable customs duties, taxes and 
fees owed, if, where so required, the importer provides sufficient guarantee in the form of a 
surety, a deposit, or some other appropriate instrument, covering the ultimate payment of the 
customs duties, taxes and fees in connection with  the importation of the expedited shipments;] 
and 
Counterproposal :  Proposal after determination to add: "and payment". 
 
Counterproposal :  Propose to add after importer  the word "or exporter". 
 
Counterproposal :  Propose to add after importation the word "exportation". 
 7.3 Nothing in these provisions shall prevent a Member from obtaining additional information 
conducting screenings, or examining goods, where neces sary to maintain appropriate border control, 
including through the use of systems that distinguish between low-risk and high-risk goods.  
[Further], [for goods subject to licensing or simila r regulatory requirements, nothing in this proposal TN/TF/W/167 
Page 4  
 
  shall prevent a Member [from assessing customs du ties or taxes or,] from requiring as a condition for 
release, [both] the submission of information additional to that in paragraph 7.2 (b) [and the fulfilment 
of non-automatic licensing requirements].  [Further, a Member is not obliged to release the goods where its import requirements have not been complied with.]]   
Counterproposal :  Propose wording:  "Nothing in these provisions shall prevent a Member from 
obtaining additional information, applying other m easures necessary to maintain appropriate border 
control, including the use of risk management systems". 
 
Counterproposal :  Propose to replace the word " proposal " with "provisions". 
 
ARTICLE 10:  FORMALITIES CONNECTED WITH IMPORTATION AND 
EXPORTATION  
4. Acceptance of Commercially Avai lable Information and of Copies 
Counterproposal :  Proposal to add new 4.8 that reads: "Nothing in these provisions shall prevent a 
Member from requiring original documents or data in the course of exercising post entry audit." 
 
10. [Option to Return [or Destroy] Reje cted Goods to the [[Importer][ Exporter]] 
 
10.1 In case of rejection of a [food] [consignment] on account of failure to meet certain standards [of a customs union], an option [[shall][may]] firs t be given to the [[importer][exporter]] to 
[[return][re-export]] the rejected goods [t o the exporter;] only upon failure [by the 
[[importer][exporter]]] to exercise this option within  a reasonable period of time, a different course of 
action, including [the return of the goods to the expor ter,  or] destruction of goods [at the cost of the 
importer] can be considered by the appropria te authority of the importing Member.]   
 
Counterproposal :  Propose to insert after "exporter"  "re-e xport the goods to the 3rd party if the later 
agrees to accept the goods in question". 
 
Counterproposal :  Propose new 10.2 that reads:  "In the ca se of return of prohibited and restricted 
goods, the exporting Member shall accept the returned goods".   
 ARTICLE 13:  [CUSTOMS] COOPERATION [MECHANISM FOR [TRADE FACILITATION AND] [[CUSTOMS][TRADE]] COMPLIANCE]  
1.4 The requested Member shall [in a manner cons istent with its domestic  law and procedures]: 
(b) [If requested, provide documents [[filed][submitted]] [[in support of][with]] a 
[[goods][import/export]] declaration, such as commercial invoice, packing list, 
certificate of origin and bill of lading, in the form in which these are filed, whether paper or electronic;] 
 
Counterproposal:   Delete the words:  "if requested". 
 
1.10 [A Member shall not [[make][request]] mo re than [X] [[consignments for information] 
[requests for information and documents from another Member in a calendar year.]] [A requested Member shall respond in writing, whether paper or el ectronic means, to a request made [pursuant to 
this proposal]]. 
Counterproposal :  Propose to replace the word "another" with "the same". 
  TN/TF/W/167 
 Page 5 
 
 
  (p) Nothing in this proposal shall be construe d to prevent a Member from entering into  a 
bilateral arrangement respecting sharing of customs information.  [In the case of an inconsistency between a provision of such an agreement and this proposal, that agreement 
shall prevail to the extent of the inconsistency]. 
Counterproposal :  After "into" propose to insert the word "or maintaining". 
 
Counterproposa l:  Propose to add after the word bilateral the word "regional or international".  
 TN/TF/W/167 
Page 6  
 
  SUBMISSION FROM CHILE 
 
 
ARTICLE 10: FORMALITIES CONNECTED WITH IMPORTATION AND EXPORTATION 
[7. [Use of Customs [[Brokers][Broking Company or Agency]] 
[7.1 Without prejudice to paragraph 7.2, Member s shall [endeavour to] not require the mandatory 
use of customs brokers.] 
[7.4 Developing country Members shall eliminat e any requirements [[to use][for mandatory use 
of]]  customs brokers not later than [X] years from the entry into force of this commitment.  Least-
developed country Members shall eliminate any re quirements [[to use][for mandatory use of]]  
customs brokers not later than [Y] years from the entry into force of this commitment.]  
[7.5 Members, if and when licensing customs brokers, shall apply licensing rules that are 
transparent, [non-discriminatory] and reasonable, [hav ing regard to the nature of the tasks which they 
are licensed to carry out].]  
[7.6 This commitment shall not undermine a Memb er's rights and obligations under the GATS.]]  TN/TF/W/167 
 Page 7 
 
 
  SUBMISSION FROM ECUADOR 
  ARTICLE 7:  RELEASE AND CLEARANCE OF GOODS  
2. Separation of Release from Final Determination and Payment of Customs Duties, Taxes 
 and Fees   
2.1 Each Member shall adopt or maintain pro cedures authorizing an importer to remove goods 
from customs' control prior to the final determina tion and payment of customs duties, taxes and fees 
when these are not determined at or prior to arrival. 
Counterproposal :  Each Member shall adopt or maintain procedures authorizing an importer to 
remove goods from customs' control when there is dispute between the customs and the importer in 
determining the payment of duties, taxes and charges." 
 4. Post-clearance Audit (PCA)  
4.2 Members shall conduct PCA through methods of re gular audit and targeted audit to identify 
the risk and assess the compliance of traders. 
Counterproposal :  Delete.  
 
4.4 Members shall adopt the relevant internationa l standards and instruments as a basis for PCA, 
where such standards and instruments exist. 
Counterproposal :  Include "To the extent possible" after "Members shall adopt" 
 
6. Authorized Traders 
 
6.4 Additional facilitation measures may [also] include:  
Counterproposal :  Delete  
 
7. Expedited Shipments 
 
Comment :  In the Spanish version, replace "envíos ur gentes" with "envíos rápidos" in the entire 
proposal.  
 7.2 Subject to paragraphs 1 and 3, the expedited release procedures shall: 
(c) provide for expedited shipments to be released under normal circumstances within 3 
hours after arrival, provided the informa tion necessary for release has been submitted; 
 
Counterproposal :  Replace "within 3 hours" by "reasonable period". 
 (d) apply without regard to weight or value; 
Counterproposal :  Delete. 
 
(e) [allow for the release of expedited shipme nts before and without prejudice to the final 
determination of the applicable customs duties, taxes, and fees owed, if, where so required, 
the importer provides sufficient guarantee in the form of a surety, a deposit, or some other 
appropriate instrument, covering the ultimate pa yment of the customs duties, taxes, and fees 
in connection with the importation of the expedited shipment;]  TN/TF/W/167 
Page 8  
 
  Counterproposal :  Delete. 
 
ARTICLE 10: FORMALITIES CONNECTED WITH IMPORTATION AND EXPORTATION  
 4. Acceptance of Commercially Avai lable Information and of Copies 
 
4.2 For goods subject to control of legisla tion conformity and documentation requirement, 
customs and other border agencies shall endeavour to accept copies of documents, in particular (a) 
commercial documents (invoices, bills of lading, et c.); and (b) where a government agency already 
holds the original and multiple authorities are i nvolved. In the case of (b), Members shall accept 
authenticated copies by the agen cy holding the original in lieu of the original document. 
Counterproposal :  Incorporate the following sentence at the end of the paragraph: "Copies will be 
accepted only for processing pre-arrival clearance and not for the final release of goods." 
 
 
  TN/TF/W/167 
 Page 9 
 
 
  SUBMISSION FROM EGYPT 
  ARTICLE 10: FORMALITIES CONNECTED WITH IMPORTATION AND EXPORTATION   
7. [Use of Customs [[Brokers][Broking Company or Agency]]  
Counterproposal :  Add "Members should be given flexibilit y to determine the criteria which apply 
when licensing customs brokers." 
 
10. [Option to Return [or Destroy] Reject ed Goods to the [[Importer][ Exporter]]  
 
10.1 In case of rejection of a food consignment on acco unt of failure to meet certain standards, an 
option shall first be given to the exporter to return  the rejected goods to the exporter; only upon failure 
by the exporter to exercise this  option within a reasonable period of time, can a different course of 
action, including destruction of goods, be consider ed by the appropriate authority of the importing 
Member.  
Counterproposal :  In case of rejection of a consignment on account of failure to meet certain 
standards, an option shall first be given to re-e xport the rejected goods; only upon failure to exercise 
this option within a reasonable period of time, a di fferent course of action, including destruction of 
goods can be considered by the appropria te authority of the importing Member. 
 TN/TF/W/167 
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  SUBMISSION FROM THE EUROPEAN UNION 
 
 
ARTICLE 7:  RELEASE AND CLEARANCE OF GOODS 
3. Risk Assessment/Analysis 
 
3.1 Replace "harmonized" with "common". 
3.2 Add "facilitation of trade" after "for the purpo ses of ", then delete the rest of sentence. 
3.8 Put the definitions in brackets. 3.10 Add "on the basis of risk management" after "inspections on", and delete "high risk goods 
 ...low risk goods". 
7. Expedited Shipments  
7.1 (b) Move words "the information necessary for release" to the end of the sentence. 
  TN/TF/W/167 
 Page 11 
 
 
  SUBMISSION FROM GUATEMALA 
  ARTICLE 6:  FEES AND CHARGES CONNECTED WITH IMPORTATION AND EXPORTATION 
1. Disciplines on Fees and Charges Imposed on  or in Connection with Importation and 
 Exportation  
 
Support for elimination of "consolidating them and"  
Support for insertion at the end of the sentence:  "as appropriate". 
 
(g) Each Member shall periodically review its fees and charges [to ensure that they are in 
line with WTO commitments and] [with a view] to [consolidating them and] reducing their 
number and diversity, [[where practicable][as appropriate]]. ]  
ARTICLE 7:  RELEASE AND CLEARANCE OF GOODS 1. Pre-arrival Processing 
 
TN/TF/W/159  Paragraph 4:  Eliminate the words "immediately" and "or as rapidly" 
 
1.4 With respect to vessels subject to procedur es for the declaration (by manifest or similar 
document) of the vessel and its cargo, such procedur es [[will][shall]] be applied [immediately] prior 
to the vessels' arrival, [or as rapidly] as not to unduly delay the vessel and the unloading of its cargo. 
Add the following paragraph: 
 
1.5 Members shall provide for advance electronic lodging of documents in electronic format and for pre-arrival processing of such documents prior to arrival. 
2. Separation of Release from Final Determination and Payment of Customs Duties, Taxes 
 and Fees  
 TN/TF/W/136/Rev.2 
 Paragraph 2.2 add at the end of th e paragraph the following language:  
 Each Member may have an overall guarantee whic h would ensure compliance with the various 
transactions. 
 
4. Post-clearance Audit (PCA) 
TN/TF/W/134 and Add. 1 
 4.1 Eliminate "account books" insert inst ead " based on accounting records ".  
 
2. Establishment and Publication of Aver age Release [and Clearance] Times TN/TF/W/167 
Page 12  
 
  TN/TF/W/139/Rev. 1 and Rev.1/Add.1 
 Third bullet eliminate the word "significant" and in sert after goods counterproposal 7:  "with respect 
to the average time published by the Member concerned".  
[5.3 In case of a [significant] delay in [[the rel ease of goods, ][customs clearance]] [with respect to 
the average time published by the Member concerne d] Members [[shall][may]] provide the traders 
who have made written requests with the reasons fo r the delay except when such notification would 
impede the pursuance of legitimate policy objectives.]  ARTICLE 13:  [CUSTOMS] COOPERATION [MECHANISM FOR [TRADE FACILITATION AND] [[CUSTOMS][TRADE]] COMPLIANCE]  1. Cooperation Mechanism for Customs Compliance 
Text to be inserted in proposal TN/TF/W/123/Rev.3 Customs Cooperation  
 
Insert in paragraph 5, the following sub-paragraph: 
 
[e) Disclose prohibited or restricted inform ation in line with national legislation.]  TN/TF/W/167 
 Page 13 
 
 
  SUBMISSION FROM HONG KONG 
 ARTICLE 7: RELEASE AND CLEARANCE OF GOODS 
6. Authorized Traders 
 6.1 [In addition to the facilitation measures provided to all [operators] set out in this Agreement,] 
Members shall [may] [as far as possible endeavour  to] apply [further] si mplified import and export 
formalities for [economic operators ] [within its customs territory], including SME's, which meet 
[[specific criteria related to compliance with customs [and other border agencies] requirements 
("authorized traders")][criteria sp ecified by [[the customs][domestic legislation]]]] [except where its 
imported goods are released instantly on arrival]: 
ARTICLE 12: [TRANSITIONAL PROVISIONS FOR DEVELOPING COUNTRY MEMBERS 
AND LEAST DEVELOPED COUNTRY MEMBERS] 
7  [[Use of the Early Warning Mechanism][Extension for the Implementation Period of 
Provisions under Categories B and C]] 
7.1 (4th Paragraph)  
The request for an additional period of time sh all be submitted to the Trade Facilitation Committee 
[X] months before the implementation date listed fo r such provisions or sub-parts of provisions and 
shall include the specific period of time to extend the transitional period of implementation. The first 
extension shall be granted automatically, when not exceeding [X] months.  If the period of the 
extension sought in the first request exceeds "X" months, it should be dealt with in the same manner 
as with subsequent requests. 
 
ARTICLE  13: [CUSTOMS] [ COOPERATION]  [MECHANISM FOR [TRADE 
FACILITATION AND] [[CUSTOMS][TRADE]]  COMPLIANCE] 
 
2. Cooperation Mechanism for Customs Compliance 
1.6 Any information [or documents] exchanged sha ll be treated as [strictly] confidential and shall 
[[not be disclosed to any third party except to th e extent required in [administrative or] judicial 
proceedings][be granted at least the same level of  protection provided under th e laws and regulations 
of the requested Member]]. Such informati on [or documents] shall not be [[used in a 
criminal][disclosed to any third party except to th e relevant law enforcement agencies of requesting 
Member and shall not be used as evidence in a j udicial]] proceeding unless specifically authorized by 
the requested Member. TN/TF/W/167 
Page 14  
 
  SUBMISSION FROM INDIA 
 
 
ARTICLE 1:  PUBLICATION AND AVAILABILITY OF INFORMATION 
 
1. Publication 
 
1.1 In the third line, the words "officially designa ted sources", may be changed to read "officially 
designated/accepted sources".  ARTICLE 6:  FEES AND CHARGES CONNECTED WITH IMPORTATION AND EXPORTATION 
 
1. Disciplines on Fees and Charges Imposed on or in Connection with Importation and 
 Exportation  
 
1.1 (a) The words "service provided" may be changed to read "services rendered".  1.1 (b) The words "service rendered" may be changed to read "services rendered".  
ARTICLE 7:  RELEASE AND CLEARANCE OF GOODS 
 
1. Pre-arrival Processing 
 
1.1 Alternative text:  words "custom duties" may be changed to read "customs duties". 
 2. Separation of Release from Final Determination and Payment of Customs Duties, Taxes  and Fees  
 
2.2 The sentence "The Guarantee shall not represen t an indirect protection to domestic products 
or taxation of imports for fiscal purpo ses" may be put in square brackets. 
 4. Post-clearance Audit (PCA) 
 
4.1 The word "enterprises" may be put in square brackets;  
6. Authorized Traders 
 
6.3  (c) The words "single document" may be put in square brackets.  6.3 (e) The word "following" may be replaced by the words "followed by". 
 
ARTICLE 10:  FORMALITIES CONNECTED WITH IMPORTATION AND 
EXPORTATION   
 
2. Reduction/Limitation of Formalit ies and Documentation Requirements 
 
2.3 This paragraph may be put in square brackets; 
3. Use of International Standards 
  TN/TF/W/167 
 Page 15 
 
 
  3.5 (a) Use of International Standards: The words "and may, in order to avoid unnecessary 
duplication, decide to use the information generated by the procedures, particularly for notification, 
which are in operation in the relevant internationa l organizations" may be put in square brackets. 
3.5 (b) Use of International Standards: The sentence may be redrafted to read: "The TF 
Committee should, in conjunction with the relevant  international organizations, establish a list of 
international standards, guidelines or recommendati ons relating to importation,  exportation or transit 
procedures".  
5. Single Window/One-time Submission 
 
5.5 Use of international standards as basis of si ngle window schemes: This paragraph may be put 
in square brackets. 
ARTICLE 11:  FREEDOM OF TRANSIT 
3. Regulations, Restrictions and Non-Discrimination 
3.3 Strengthened Non-discrimination
 
 
Clause (b) dealing with national treatment may be put in square brackets. 
 
4. Disciplines on Fees and Charges 
 
4.1 Publication of Fees and Charges. 
In clause (a), the words "officially designated sources", may be changed to read "officially 
designated/accepted sources". TN/TF/W/167 
Page 16  
 
  SUBMISSION FROM ISRAEL 
 
ARTICLE 1: PUBLICATION AND AVAILABILITY OF INFORMATION 2. Internet Publication/Establishment of Official Website  
2.1. [Recognizing that electronic means of publication are usually the most cost effective and 
easily accessible], each Member [to the extent possibl e] shall make available [in one of the three 
official WTO languages]  and keep current on one or more [official] publicly accessible [internet] 
websites [the information indicated below with th e corresponding electronic links where appropriate]: 
Israel opposes the requirement for the publications to be  in one of the three offi cial languages. There 
is no practical possibility for Members who do not speak one of the official languages of the WTO to 
publish all required information in another language. 
3. Establishment of Enquiry Points 
3.2 [Members will not require the payment of  a fee for answering inquiries.] [If a Member 
requires payment of a fee for enquiries, such fees shall not  exceed the [approximate] cost of the 
service rendered].  
Israel accepts this version: Fees and charges, if an y, for answering inquiries or for providing forms 
and documents referred to in paragraph 1.1(a) shall be limited in amount to the approximate cost of 
the service rendered. 
ARTICLE 2:  PRIOR PUBLICATION AND CONSULTATION 
1. Interval between Publication and Entry into Force 
1.1  Except in urgent circumstances [[and other limited exceptions] [which are made public]] [or 
when justified by legitimate public policy objec tives], Members [shall ensure] [where possible and 
when deemed necessary [within th e competence of their respective government] that a reasonable 
interval[at least [a minimum [interval] of X days]] ] is provided between the publication of new or 
amended [trade related] laws, and regulations [and administrative rulings of general application], [or 
their drafts or summaries], and their entry into fo rce [in such a manner as to allow traders [and other 
interested parties] to become acquainted with [[and well prepared for the compliance with][and 
comply with]] them.]  
2. [Prior] Consultation and Commenting on New and Amended Rules [and Information on 
 Policy Objectives Sought] 
2.1 Except in urgent circumstances [ and other [limited ] exceptions  [which are made public ]] or 
when justified by legitimate public policy objectives,  Members [shall afford], [within the competence 
of their respective government,] [where possible provide] appropriate opport unities [and a reasonable 
period] to [[governments and traders and] other inte rested parties] within their territories to comment 
on proposed introduction or amendment of trade-re lated laws and regulations [and administrative 
rulings] of general application.  [ Members shal l provide information of their policy objectives pursued 
and allow a reasonable period for interested parties to submit comments. ] 
ARTICLE 3:  ADVANCE RULINGS 
1. Provision of Advance Rulings 
1.1 [A Member shall issue [[in a time bound manner][in a maximum period of 180 days]] an 
advance ruling to [[an applicant][applicants with legal representation in the Member concerned]]  TN/TF/W/167 
 Page 17 
 
 
  submitting a written request which contains all nece ssary information.  A Member that declines to 
issue an advance ruling shall promptly notify the a pplicant in writing [setting out the relevant facts 
and] the basis for its [[response][decision]]].   
 [Each Member shall maintain or set up an Authority for [Advance Rulings for the purpose of] 
issuing, [in a time bound manner,] an advance r uling to an applicant upon submission of a written 
application which contains all necessary information.   The Advance Ruling Authority that declines to 
issue an advance ruling shall promptly inform the applicant in writing, setting out the relevant facts 
and the basis for its decision.]  
 
Israel objects to the inclusion of this sentence. It is unnecessary to set up a special authority for 
advance ruling.   ARTICLE 4:  APPEAL PROCEDURES   
1. Right of Appeal 
1.1 Each Member shall [may]  provide that any person to whom  customs or another relevant 
border agency issues a decision has the right, within its territory, without penalty, to:  
(a) Administrative appeal [independent of the employee or office] [to the next higher 
office] of the agency which i ssued the decision;  and[/or] 
(b) Judicial appeal of the decision. 
1.3 Transparency :  Members shall  [may] ] ensure that [their] appeal procedures [are non-
discriminatory] [and] are carried out in a non- discriminatory manner, [and that information 
concerning such procedures is made available to traders in such a manner as defined in 
Article 1.1(g)].  Traders [[shall][may]] be allowed to  be represented at all stages of appeal procedures 
by independent legal counsel [subject to the national legislation of a Member]. 
 
1.4 Set Period :  Members shall [may ]]ensure that customs and other relevant border agencies 
adopt and maintain [[set periods][indicative periods of  time]] [as specified in national legislation] for 
their review and correction of [their] decisions unde r the appeal procedures [as specified in national 
legislation].  [In a case of undue delay under procedures mentioned under subparagraph 1.1(a), 
the appellant shall have the right to bring the case to  the next higher instance] [subject to the national 
legislation of a Member].  
1.5  Opportunities To Receive Information And Grievances:   Members shall [may] ] ensure that 
customs and other relevant border agencies afford opportunities for traders, upon request, to receive 
information concerning the administrative decision [such as the reasoning of the decision] including 
applied laws and regulations. 
3. Test Procedures   
 
3.1  (a) In case of the first test of a sample having shown an adverse finding, each Member 
  conducting such a test [[shall ] may grant the concerned importer or the exporter or 
  their authorized agent the right to a second confirmatory test.  TN/TF/W/167 
Page 18  
 
  ARTICLE 11:  FREEDOM OF TRANSIT 
 2. Basic freedom of transit 
2.1 [There shall be freedom of transit through the territory of each Member [via [[designated 
routes] [the routes most convenient for international transit]] [for traffic in transit to or from the 
territory of other WTO Members.]  No distinction sha ll be made in the treatment of traffic in transit 
which is based on flag of the vessel, the place of orig in, departure, entry, exit  or destination, or any 
circumstances relating to the ownership of goods  or [of vessels or of other] means of 
transport.][providing for exceptions set out in  bilateral or plurilateral agreements.] 
 
Israel can accept to this paragraph subject to securi ty concerns and provided that the Member's right 
for legitimate security considerations remain. 
 
3.3 Strengthened Non-discrimination
:  
[(b) With respect to all [laws, regulati ons, formalities] [fees] and charges, including 
 transportation charges, imposed on or in connection with transit, each Member shall 
 accord to traffic in transit to or from th e territory of any Member, treatment no less 
 favourable than that accorded to its ow n export or import traffic [or domestic 
 movements of goods] [import-, export-, or ][domestic traffic], under like conditions, 
 within the territory of that Member.]  [This principle refers to like products being 
 transported on the same route under like  conditions.]  
Members recognize that the general and security  exceptions provided for in GATT Articles XX 
and XXI shall be fully applicable, but for valid reasons not constituting a disguised restriction on 
international trade. 
 
Israel insists that this sentence be a part of this paragraph. 
 
6. Bonded Transport Regime and Guarantees 
 
6.1 Where a Member requires a guarantee to a void inland diversion of goods in transit, any 
person required to provide security [[shall ] may be allowed to choose any form of security provided 
that it is acceptable to the customs and other border au thorities.  This Member shall also ensure that  
(a) Reasonable having regard to the conditions  of traffic and the characteristics and the 
nature and value of the consignment in question,  and [[limited to the amount of customs debt 
or other charges which m ay be incurred in respect of the goods]  shall normally be limited to 
the amount of the customs duties or other charges for which the goods may be liable ; 
[6.3 In cases where a Member chooses to apply ot her appropriate measures to prevent the inland 
diversion of goods, no guarantee shall be required for the transit of goods.] 
8. Improved Coordination and Cooperation 
  
8.1  Amongst Authorities : Members shall endeavour to  ensure cooperation and coordination 
[[between][among]] all concerned authorities and agen cies in their territory to facilitate traffic in 
transit.  [Members shall ensure cooperation with  other Members on issues of traffic in transit, 
including with regard to standardizing tran sit formalities and documentation requirements, 
coordinating operations of border cr ossings and mutual recognition of authorized trader schemes.  [To 
this end, neighbouring Members shall, as far as neces sary, meet periodically to discuss and come to an 
understanding on the fees and charges, formalities,  legal requirements and practical operation of 
transit regimes relating to goods moving in transit between them.]]  TN/TF/W/167 
 Page 19 
 
 
  SUBMISSION FROM KOREA 
  ARTICLE 13:  [CUSTOMS] COOPERATION [MECHANISM FOR [TRADE FACILITATION AND] [[CUSTOMS][TRADE]] COMPLIANCE] 
 
Add the following: 
1.18 [If a requesting Member does not treat information received from another Member in 
accordance with the requirements of this proposal , the requested Member may refuse any further 
requests for assistance pursuant to this proposal.] 
  TN/TF/W/167 
Page 20  
 
  SUBMISSION FROM MEXICO 
 
 
ARTICLE 10: FORMALITIES CONNECTED WITH IMPORTATION AND EXPORTATION  
3. Use of International Standards 
3.1 Members [are encouraged to consider as a reference framework] shall [prefer to use 
international standards as a framework] [[where pr acticable][to the extent practicable]] base their 
importation, exportation [[and][or]] transit [formalit ies and] procedures on [relevant] international 
standards or [[parts thereof][guidelines or recomme ndations where they exist]], except as otherwise 
provided for in this Agreement.  TN/TF/W/167 
 Page 21 
 
 
  SUBMISSION FROM MOROCCO 
 
 TN/TF/W/136/ Rev.2
 
 Each Member shall adopt or maintain procedur es authorizing an importer to remove goods from 
customs' control prior to the determination and pa yment of the relevant duties and taxes subject, apart 
from  (in addition to ) the guarantee covering the amounts due, to a commitment to produce 
subsequently all of the required documentation. 
 
ARTICLE 7:  RELEASE AND CLEARANCE OF GOODS 
2. Separation of Release from Final Determination and Payment of Customs Duties, Taxes 
 and Fees   
2.1 Each Member shall adopt or maintain pro cedures authorizing an importer to remove goods 
from customs' control prior to the determination a nd payment of the relevant duties and taxes subject, 
in addition to  the guarantee covering the amounts due, to a commitment to produce subsequently all 
of the required documentation.  
7. Expedited shipments   
TN/TF/W/144/Rev.3
 
 
7.1 First sentence:  "define persons:" 
7.2 (d) "apply with respect to the nature of the goods". 
 
ARTICLE 10: FORMALITIES CONNECTED WITH IMPORTATION AND EXPORTATION  
 
[7. Use of Customs [[Brokers][Bro king Company or Agency]]  
TN/TF/W/110  
 
-Point 2:  The developing countries and LDCs  may notify this commitment under Schedule B. 
 4. Acceptance of Commercially Avai lable Information and of Copies 
TN/TF/W/112
 
 
4.1 "And to ensure that all legislative and regulator y requirements in force have been met" instead 
of "and to ensure that all requirements relating to th e application of relevant laws have been complied 
with".. 
TN/TF/W/104   
 
"Keep the proposal and continue with the followi ng text:  "Members shall undertake to strengthen 
cooperation with a view to ensuring the authenticity of any trade document."  
 
 TN/TF/W/167 
Page 22  
 
  ARTICLE 8:  CONSULARIZATION 
1. Prohibition of Consular Transaction Requirement 
 
1.1 Keep the proposal and continue with the following text:  "Members shall undertake to strengthen cooperation to ensure the authenticity of any trade document." 
ARTICLE 10: FORMALITIES CONNECTED WITH IMPORTATION AND EXPORTATION  
 
TN/TF/W/138/Rev.3
: 
 
5. Single Window/One-time Submission 
 
5.1  "To all persons involved in international trad e procedures".  Delete the words "which require 
them" that follow.   
Delete point 4. 
 ARTICLE 12:  TRANSITIONAL PROVISIONS FOR DEVELOPING COUNTRY MEMBERS AND LEAST DEVELOPED COUNTRY MEMBERS 
9. [Provision of Technical Assistance, [fi nancial assistance] and Capacity Building] 
9.6 "A Technical Assistance Unit shall be estab lished to provide a framework for discussions on 
S&DT.  This unit will also be responsible for est ablishing procedures for the provision of technical 
assistance and capacity building, for receiving appli cations for S&DT, and for examining them and 
matching S&DT applicants with donor countries". 
  TN/TF/W/167 
 Page 23 
 
 
  SUBMISSION FROM NAMIBIA 
  ARTICLE 6:  FEES AND CHARGES CONNECTED WITH IMPORTATION AND EXPORTATION 
1. Disciplines on Fees and Charges Imposed on  or in Connection with Importation and 
Exportation 
(e) An adequate time shall be accorded between  the publication of  information on new 
or amended fees and charges and their entry into force except when justified by other 
legitimate public policy objectives. 
(f) New or amended fees and charges shall not be imposed until information on such fees 
and charges is published and made readily available. 
ARTICLE 7:  RELEASE AND CLEARANCE OF GOODS 
1. Pre-arrival Processing 
1.4 Proposed to delete (will).  
1.5 Proposed to delete (will). 
2. Separation of Release from Final Determination and Payment of Customs Duties, Taxes 
and Fees. 
2.1 In legislation circumstances each Member shall adopt or maintain procedures authorizing an 
importer or its agent where appropriate to ask for the release of goods from Customs control prior to 
the final determination and payment of duties, taxes and fees when these have to be paid but are not 
determined at or prior to arrival where it is deci ded that neither examination, physical inspection nor 
any other submission is required. 
2.2 Delete [require]. 
3. Risk Assessment Analysis 
3.2 Delete [or random control] 
 Delete the word [higher] and [ lower ] 
4. Post Clearance Audit 
4.2  Delete [may] and [verify] 
4.3  The outcome of PCA shall be timely communi cated to the relevant Customs Officers involve 
in clearance procedure to take further action or risk  analysis. The most compliance traders or low risk 
commodities shall be granted simplest and f astest clearance treatment by Customs.  
5. Establishment and Publication of Av erage Release and Clearance Times 
5.1  Delete [may] 
5.3  In the case of a significant delay in the Customs clearance of goods with respect to the 
average time published by the Member concerned Me mbers shall provide the traders who have made 
written requests with the reasons for the delay ex cept when such notification would impede the 
pursuance of legitimate policy objectives. TN/TF/W/167 
Page 24  
 
  6. Authorized Traders 
6.1  In addition to the facilitation measures provide d to all operators said out in this agreement 
Members shall apply simplified import, export and tr ansit formalities for economic operators within 
its Customs territory; including SME's which meet  specific criteria related to compliance with 
Customs and other border agency requirements.  
6.2.  Delete [may]. 
6.3.  Delete [may] and [but]. 
(b) Reduced physical inspections in  all but exceptional circumstances. 
6.4.  Delete [f] already covered under [b]. 
6.7 Delete [may] and [grant of]. 
6.8  Delete [draw upon relevant inte rnational standards and instruments]. 
6.9 Delete [in as much as possible] (so as to ensure consistent appliance). 
7. Expedited Shipments 
7.1  Delete [and selection]. 
(c) Delete [articles] 
7.2  (c) Provide for expedited shipments to be  released in a time bound manner consistent with 
their national procedures after arrival provided the required information for release has been 
submitted 
ARTICLE 9:  BORDER AGENCY COOPERATION  
 1. Coordination of activities and requirements of all Border Agencies 
1.2. (a) Delete [coordinate] [cargo clearance pr ocedures] (clearance is part of Customs 
procedures) 
 
ARTICLE 10:  FORMALITIES CONNECTED WITH IMPORTATION AND EXPORTATION 
3. Use of International Standards 3.1 Members shall base their importation, e xportation and transit pr ocedures on relevant 
framework of international standards except as otherwise provided for in this Agreement. 
 3.2. Members may use regional standards whenev er they are compatible with international 
standards for the purpose of facilitating international trade.   
 
3.5 (a)[(b)] Replace the word "use" with "application". 
 
4. Acceptance of Commercially Availa ble Information and of Copies 
4.1 Customs and other border agencies shall requi re only those documents/data necessary for the 
release and clearance of goods and to ensure that a ll regulatory and legislative requirements relating to 
the application of relevant la ws have been complied with. 
  TN/TF/W/167 
 Page 25 
 
 
  TN/TF/W/123/Rev. 2 
 
Namibia do not agree with counterproposal 2 and 10 based on the fact that within the SACU Union 
we do exchange documents of customs clearance.  Particularly were the element of refunds is 
involved.  There is a tendency of declaring the correct value in the exporting country and 
undervaluation in the importing country. In the event that there is any doubt or query, clearance 
documents as well as proof of payment is then requested from the Member countries. 
 TN/TF/W/167 
Page 26  
 
  SUBMISSION FROM NIGERIA 
 
1. The title CUSTOMS COOPERATION is simple and all embracing.  C ooperation could cover 
many areas of strategic importance to Customs administrations.  So, whether we add Customs matters, or for Trade Compliance or Trade Facilitation an d Compliance as suggested by some Members, 
effective customs cooperation amongst Members s hould address all the issues related to those 
suggested by Members during the discussions.  Th e title should therefore be retained as CUSTOMS 
COOPERATION. 
ARTICLE 13:  [CUSTOMS] COOPERATION [MECHANISM FOR [TRADE 
FACILITATION AND] [[CUSTOMS][TRADE]] COMPLIANCE] 
 
2. Counterproposal 20 (JOB(09)/71/Rev.2) providing  for "60" days instead of "90" days in the 
original text in paragraph 4.d) page 56  is good because it enhances trade facilitation. 
1. Cooperation Mechanism for Customs Compliance 
(d) Provide the information [to the extent possible,] [within a period of [[60][90][150]] 
days from the date of receipt of the request.] 
3. Counterproposal (JOB(09)/71/Rev.2) 28 page  58 will encourage customs cooperation based 
on mutual protection of national interests where the requesting Member can freely obtain information 
and the requested Member can fe el secured that the information it has given will not be used 
carelessly by the requesting Member, while ensuring judicial protection.  Members may be unwilling 
to cooperate in the exchange of information when  they feel unsecured that confidential information 
could slip into an unauthorized thir d party.  A control mechanism to pr otect the national interest of the 
requested Member will be reassuring a nd enhance the desired cooperation. 
1.6 (Second alternative) 
[Any information [or documents] exchanged on ma tters mentioned in paragraph 1.1 which are by 
nature confidential or which are provided on a c onfidential basis shall be treated as [strictly] 
confidential by the authorities concerned who sha ll not disclose it to any third party without the 
specific permission of the government providing such  information or documents, except to the extent 
that it may be required to be disclosed in the context of judicial proceedings.]  
 4. Counterproposal 40 (JOB(09)/71/Rev.2), page 60,  which provides as follows:  "Include possibility 
for a request to be made after the two years when a country's legislation allows for it" is preferred to 
the original text which provides that "request for information shall not be made later than two years 
after the importation or exportation of goods".  Nige ria's legislation allows for request for documents 
seven years after the original transaction.  1.9 The request for information [or documents] sh all not be made later than [[one year][two 
years][four years][the time required by the national legislation of the Member requested]]  after the 
importation or exportation of the goods. 
 
4. Counterproposal 44 (JOB(09)/71/Rev.2), page 60, suggests that the original text paragraph 
10, be deleted.  It is a good counterproposal because the original text is restrictive and offensive to 
Trade Facilitation.  A Member should not be restrict ed to a specific number of  request within a time 
limit.   
 
[1.10 A Member shall not [[make][request]] more than [X] [[consignments for information] 
[requests for information [and documents] from another Member in a calendar year.]] TN/TF/W/167 
 Page 27 
 
 
  SUBMISSION FROM NORWAY 
 
 
ARTICLE 13:  [CUSTOMS] COOPERATION [MECHANISM FOR [TRADE 
FACILITATION AND] [[CUSTOMS][TRADE]] COMPLIANCE] 
 
1. Cooperation Mechanism for Customs Compliance 
1.4 (d) Add "/[150]" to the two options of 90 and 60 days.  
1.6 A new alternative text to the two altern atives already set up in the document, namely: 
Any information or documents exchanged on ma tters mentioned in paragraph 1.1, which are 
by nature confidential or which are provided on a confidential basis, shall be treated as (strictly) 
confidential and shall be granted at least the same  level of protection provided under the laws and 
regulations of the requested Member.  
In case the government of a requesting Member is  ordered to provide such information as 
evidence for a judicial proceeding by the court with the intention to disclose it to any third party, 
the requesting Member must ask the requested Memb er for specific authorization.  The requested 
Member shall consider whether the confidentiality of the information required will be taken care of 
before providing such formation.  The requested Me mber shall deny providing such information if its 
laws and regulations will be offe nded by providing the information. TN/TF/W/167 
Page 28  
 
  SUBMISSION FROM THE PHILIPPINES 
 
 ARTICLE  14: INSTITUTIONAL ARRANGEMENTS 
 
1.7 The Committee shall review the operation and implementation of this Agreement [X] years  
[from the entry into force of this  agreement].  [During this period of review of the operation and 
implementation of [X] years,  Members shall not re sort to the provisions of the Dispute Settlement 
Understanding and only raise before the Committee  all questions and queries relating to issues 
relating to compliance with the obligations under th e agreement, including issues relating to technical 
assistance and capacity building, and all efforts should be undertaken to ensure  the use of good offices 
under the Committee's auspices during this period.] 
 
ARTICLE 12:  [TRANSITIONAL PROVISIONS FOR DEVELOPING COUNTRY 
MEMBERS AND LEAST DEVELOPED COUNTRY MEMBERS] 
6. [[Grace Period for the Application of the Understanding on Rules and Procedures 
 Governing the Settlement of Disputes][Peace Clause][Due Restraint]] 
Please bracket the following for possible deletion: 
[6.5 A Member shall not invoke or apply any Dispute Settlement procedures, including panel 
proceedings, against a developing country Member or LDC for any provisions under Categories B and 
C during the respective implementing period.] 
   TN/TF/W/167 
 Page 29 
 
 
  SUBMISSION FROM SINGAPORE 
 
 ARTICLE 9:  BORDER AGENCY COOPERATION 
1. Coordination of Activities and Requirements of all Border Agencies 
 2. A Member shall ensure that its authorities a nd agencies involved in border and other import 
and export controls cooperate a nd coordinate their procedures in order to facilitate trade. 
[2. (a) A  Members are encouraged to sh all, to the extent possible,  cooperate and coordinate 
with their bordering Members to facilitate cross border trade and coordinate cus toms procedures at 
border crossings in order to facilitate trade.  
(b) Wherever possible and practical, such  cooperation and coordination may include: 
• Alignment of procedures and formalities including working days and hours; 
• Development and sharing of c ommon facilities  ; 
• Provision of expedited processes for goods in transit such as a single channel ; 
• Development of procedures for exch ange of non-confidential information ]. 
 
 TN/TF/W/167 
Page 30  
 
  SUBMISSION FROM SUDAN
1 
 
 
On Authorized Traders and Expedited Shipment 
From the discussions of the Negotiating Group on JOB (09)/71/Rev.2 in the last meetings of NGTF 9-
13 November 2009 as related to the provisions a nd sub-provisions of Authorized Traders and 
Expedited shipment, Sudan Delegation noticed the following:   1. Authorized Trader though its consistent with Kyoto Convention it is li mited in scope and does 
not cover most operators in the supply chain. 
2. Expedited Shipment is not we ll defined and not widely used in Customs. The commonly used 
concept by Customs around the world is immediat e release according to WCO immediate release 
guidelines.  
3. Expedited Shipment  can be treated within the framework of Authorized Economic Operators 
(AEO) in accordance with WCO Framework of St andards (FOS) and WCO guidelines on AEO as the 
more relevant international standards for supply chain.  
4. No doubt in the draft text we are more con cerned with international standards contained in 
conventions and agreements, administered by  international organizations, where exist. 
5. Provisions and sub provisions of Authori zed Traders and Expedited Shipment should be 
merged as follows: 
 Textual Proposal: 
 Authorized Economic Traders:
2  
1. In addition to the facilitation measures provided  to all operators set out in this Agreement, 
Members shall apply further simplified import a nd export formalities for authorized economic 
operators within its customs territory, including SME's, which meet specific criteria related to 
compliance with customs and other border agencies  requirements. 
2. These specific criteria may for obtaining author ised economic trader status will include the 
following: 
 
(a) An appropriate record of compliance with customs and other allied laws requirements;   
(b)  A system of managing records to a llow for necessary [internal] controls;   
(c)  Financial solvency [(including, where appropriate, provision of a sufficient 
security/guarantee)]  
[(d)  An appropriate system of security a nd safety standards] [including industry specific 
standards;] [and]  
[(e)  AEO shall be authorized in accordance with domestic legislation.     
                                                     
 
 1 Comments from WTO Observer Countries are not  included in the Draft Consolidated Text. 
 2 Definition: Authorized Economic Operators include, inter alia , manufacturers, importers, exporters, 
brokers, carriers, consolidators, intermediates, airport, terminal operators,  ,integrated operators, warehouses, 
distributors.   TN/TF/W/167 
 Page 31 
 
 
  3. As determined by domestic legislation,  the additional facilitation measures for such 
authorised economic traders may include the following:  
(a) The possibility of periodic declarations and payment of duties.  
(b) Reduced physical inspections and examina tions in all but exceptional circumstances;  
(c) Reduced minimal documentary and data  requirements as determined by domestic 
legislation, and [[including] the right to] [when appropriate]] submit for processing a single 
document covering all goods cont ained in a consignment; and  
 (d) [more] rapid release time.] 
(e) Simplified declaration [necessary to identify the goods following the final goods 
declaration];  
 
(f) reduced documentary and data requirements;  
4. [Additional facilitation measures may [also] include: ] 
 [(a) local clearance;  
 (b) remote filing.] 
 [(c)  a single goods declaration for a ll imports and exports in a given period 
 
(d)  deferred payment of duties, taxes, fees and charges  (e) reduced guarantees 
 
(f) remote filing  (g) clearance of goods at the premises of the AEO or another place authorised by the customs. 
(f)         acceptance of Through Bill of Lading system (TBL). 
5. [The specific criteria to qualify as an author ized economic trader shall not be designed or 
applied so as to afford or create arbitrary or [unjus tifiable discrimination] [or a disguised restriction on 
international trade].]  
6. [Members shall afford to other Members th e possibility to negotiate mutual recognition of 
authorised economic traders program on th e basis of international standards.] 
7. [Members [[shall][may]] use [objective] risk management techniques in the assessment of any 
application for [grant of] authorized economic trader status.] 
8. [Members shall [[develop authorized economic traders programme on the basis of 
international standards and instruments] [as well as  existing industry specific standards, certification 
and verification instruments] as a basis for aut horized economic trader, where such standards and 
instruments exist.  
10. [[Whenever] norms for [the certification of ] authorized economic trader [status] [are 
established [and implemented] at the customs union level] they shall [in as much as possible] be applied uniformly by all [of its] Member states [of a customs union].]  TN/TF/W/167 
Page 32  
 
  10. Members should enhance the facilitation measures provi ded to AEO by promoting               
the mutual recognition of their Authorized economic Programmes. 
11. Each Member shall adopt or maintain proce dures allowing for immediate release of goods to 
[[AEO] that apply for such service], while main taining customs. A Member may require that an 
applicant, as a condition for the appli cation for immediate release, shall:- 
 (a) [provide adequate infrastructure to allow for the processing of its release goods. 
 (b) submit the information necessary for release in  advance of the arrival of an immediate 
release goods. 
  
(c) [assess fees limited in amount to the a pproximate cost of services rendered in 
providing the customs procedures in (4/g).    (d) [maintain a high degree of control over immediate release good through the use of internal security, logistics, and tracking technology from pick-up to delivery; and] 
 
(e) Assume liability for payment of all cust oms, duties, taxes and fees to the customs 
authority for the immediate released goods. 
 
 
  TN/TF/W/167 
 Page 33 
 
 
  SUBMISSION FROM SWITZERLAND 
 
 
ARTICLE 7:  RELEASE AND CLEARANCE OF GOODS 
6. Authorized Traders 
 
6.3 (c)  Put square brackets around all the second part of the paragraph (from "and [[including] the 
right to …" until " …in a consignment" 
ARTICLE 12:  TRANSITIONAL PROVISIONS FOR DEVELOPING COUNTRY MEMBERS 
AND LEAST DEVELOPED COUNTRY MEMBERS 
6. [[Grace Period for the Application of the Understanding on Rules and Procedures 
 Governing the Settlement of Disputes][Peace Clause][Due Restraint]] 
Insert new alternative title:  "Due restraint" 
 Insert a new paragraph: 
"No Member shall have the right to initiate a pr ocedure pursuant to Articles XXIII of GATT 1994 and 
the Understanding on Rules and Procedures Govern ing the Settlement of Disputes against [another 
Member] [a Developing Country Member or an  LDC Member] for provisions or sub-part of 
provisions which it has not itself implemented." 
Insert a new paragraph: 
6.8 Nothing in article 16.6 shall affect the right  of Members to take action under Articles XXIII 
of GATT 1994 and the Understanding on Rules and Pr ocedures Governing the Settlement of Disputes 
against another Member for provisions containe d in other WTO-Agreements, including for GATT 
Articles V, VIII and X. 
 
10. [[Actions by Donors][Information to be Submitted by Members to the Trade Facilitation 
 Committee]] 
Alternative to the present text: 
10.1 All Members shall notify to the Trade F acilitation Committee the contact details of the 
government agency responsible for TA&CB relate d to trade facilitation.  Donors shall provide 
information on the mechanisms to request such assistance. 
Insert a new paragraph:  
10.7 The Trade Facilitation Committee may, on the b asis of an initiative from one of the Members, 
invite the relevant international organizations  (including the IMF, OECD, UNCTAD, WCO, UN 
Regional Commissions and the World Bank or their s ubsidiary bodies) to provide information and to 
examine specific matters with respect to the effec tive and efficient provision of technical assistance 
and capacity building, including with regard to requests made under the early warning mechanism. 
 TN/TF/W/167 
Page 34  
 
  SUBMISSION FROM  TANZANIA ON BEHALF OF THE LDC GROUP 
  ARTICLE 12:  TRANSITIONAL PROVISIONS FOR DEVELOPING COUNTRY MEMBERS AND LEAST DEVELOPED COUNTRY MEMBERS 
Chapeau of S&DT chapter  
Comments by LDCs
:  The LDCs Group supports all the guidi ng principles contained in the ACP 
Group Document. TN/TF/W/161that include:  
 
"The provisions of this chapter shall be interpre ted in light of the following guiding principles: 
 
2. Any implementation of provisions (or sub- part of provisions) notified or re-notified 
 under Category C by developing and least -developed countries is conditional on the 
 provision of adequate and effective technical assistance and capacity building  measures by developed countries as well as the acquisition of implementation 
 capacity by developing and least-developed country Members. 
(Secretariat note: incorporated in Draft Consolidated Negotiating Text under:   
Heading  5. [[Notification of Provisions (or Sub- part of Provisions) under Category C][Notification 
of Implementation Plans for Provisions (or Sub-parts of Provisions) Notified under Category 
C][Establishing Implementation Periods]]) 
6. Notwithstanding the peace clause, Members shall exercise due restraint in raising 
 matters under the Understanding on Rules and Procedures Governing the Settlement 
 of Disputes involving least-developed country Members. 
Comment by LDCs
: This last paragraph, which calls for due restraint with respect to 
measures taken by LDCs, is already in Article  24 of the DSU and may not be needed here. 
(Secretariat note:  incorporated in Dra ft Consolidated Negotiating Text under: 
Heading 6 [[Grace Period for the Application of the Underst anding on Rules and Procedures 
Governing the Settlement of Disputes][Peace Cl ause][Due Restraint]] in subparagraph 6.6). 
 2. Definitions of Concepts  
Comment by LDCs
:  LDCs' Group supports all definitions under the ACP Group, Doc. TN/TF/W/161.  
 
NOTIFICATION OF PROVISIONS (OR SUB-PART OF PROVISIONS) TO THE TRADE FACILITATION COMMITTEE 
3.  [[[Implementation][Notification]] of Provisions (or Sub-part of Provisions) Listed under 
 Category A][Establishing Implementation Periods]] 
Least-Developed Country Members 
 
3.2 Least-Developed Country Members may
 notify to the Trade Facilitation Committee the 
provisions (or sub-part of provisions ) under Category A at the entry into force of the Agreement or, at 
the latest, by [X] time after the en try into force of the Agreement. 
  TN/TF/W/167 
 Page 35 
 
 
  Comments by LDCs:  
 
• The notification of provisions or  sub-part of provisions by a least-developed country Member 
by [X] time after  the entry into force of the Agreement me ans that such provisions or sub-part 
of provisions will be implemented only upon the date of notification and not upon the entry 
into force of the Agreement.  A lthough this does not, stric tly speaking, correspond to the 
definition of Category A, this option does not pu t into question the concept of Category A.  
This is because this option should be understood as a derogation in favour of least-developed 
countries that is intended to provide an incenti ve for these countries to notify provisions or 
sub-part of provisions under this particular Category.  
 
• It is also recommended that for LDCs who are not  sure of the notification of the provision can 
notify later. 
 
4.  [[Notification of Provisions (or Sub-part of Provisions) under Category B][Notification 
 of Implementation Plans for Provisions (or Sub-part of provisions) Notified under  Category B][Establishing Implementation Periods]] 
Least-Developed Country Members 
 
4.1 (alternative 2) Least-Developed Country may
 notify to the Trade Facilitation Committee the 
provisions (or sub-part of provisions) notified un der Category B at the entry into force of the 
Agreement or, at the latest, by [X] time after th e entry into force of the Agreement, taking into 
account maximum flexibilities for LD Cs, and, particularly, the possi bility to shift commitments from 
one category to another." 
 
5.  [[Notification of Provisions (or Sub-part of Provisions) under Category C][Notification 
 of Implementation Plans for Provisions (or Sub-parts of Provisions) Notified under  Category C][Establishing Implementation Periods]] 
Least-Developed Country Members 
 
5.2 (alternative 4) Least-Developed Countries sha ll notify to the Trade Facilitation Committee the 
provisions (or sub-part of provisions) notified un der Category C at the entry into force of the 
Agreement or, at the latest, by [X] time after the entr y into force of the Agreem ent, in respect of only 
those measures for which they have received adequa te and effective technical assistance AND/OR in 
respect of which they have acquired the capacity to implement.  
4.  [[Notification of Provisions (or Sub-part of Provisions) under Category B][Notification 
 of Implementation Plans for Provisions (or Sub-part of provisions) Notified under  Category B][Establishing Implementation Periods]] 
B. N
OTIFICATION OF IMPLEMENTATION PLANS FOR PROVISIONS (OR SUB-PART OF PROVISIONS ) 
NOTIFIED UNDER CATEGORY B 
Least-Developed Country Members 
 
4.1 (Alternative paragraphs 1 and 2) Least-Developed Countri es shall notify to the Trade 
Facilitation Committee the implementation plans, for provisions (or sub-part of provisions) notified 
under Category B, taking into account maximum flexibilities for LDCs, and, particularly, the 
possibility to shift commitments from one category to another.   
 TN/TF/W/167 
Page 36  
 
  5.  [[Notification of Provisions (or Sub-part of Provisions) under Category C][Notification 
 of Implementation Plans for Provisions (or Sub-parts of Provisions) Notified under  Category C][Establishing Implementation Periods]] 
Least-Developed Country Members 
 5.2 (alternative 5)  Least-Developed Countries sh all notify to the Trade Facilitation Committee 
the implementation plans, for provisions (or sub-pa rt of provisions) notified under Category C, in 
respect of only those measures for which they ha ve received adequate and effective technical 
assistance AND/OR in respect of which they have acquired the capacity to implement. 
6. [[Grace Period for the Application of the Understanding on Rules and Procedures 
 Governing the Settlement of Disputes][Peace Clause][Due Restraint]] 
P
ROVISIONS (OR SUB-PART OF PROVISIONS ) NOTIFIED UNDER ALL CATEGORIES  
6.2 Least-developed country Members, shall be exempt from any actions based on Articles XXII and 
XXIII of GATT 1994 and the Understanding on Rules and Procedures Governing the Settlement of 
Disputes for a period of [Y]  years after a provision (or sub-provision) has been notified under 
category A " 
 
7. [[Use of the Early Warning Mechanism][Extension for the Implementation Period of 
 Provisions under Categories B and C]] 
PROVISIONS (OR SUB-PART OF PROVISIONS ) NOTIFIED UNDER CATEGORY B AND C 
Comments by LDCs: 
 Early Warning Mechanism would apply to LDCs when  the concept of "shifting of commitments" is 
accepted for category B.  For category C it would a pply after LDCs have acquired the capacity to 
implement any measure under Category C.  This is in line with LDCs position of not supporting any 
arbitrary timeframes. 
 
8. [[Implementation][Registering Implementa tion][Full Implementation of Provisions or 
 sub-part of provisions under Categories B and C]] 
Comments by LDCs
:  LDCs Group supports the observati on made by ACP Group in Doc. 
WT/TF/W/161   TN/TF/W/167 
 Page 37 
 
 
  SUBMISSION FROM THE UNITED STATES 
 
 ARTICLE 10:  FORMALITIES CONNECTED WITH IMPORTATION AND EXPORTATION  
1. Periodic Review of Formalities and Requirements 1. Members affirm the importance of minimizing the incidence and complexity of import, 
export, and transit formalities and of decrea sing and simplifying import, export and transit 
documentation requirements.  In furtherance of these objectives; 
(a) Each Member is encouraged to periodically  review its formalities and requirements,  
taking into account changed circumstances, rele vant new information and business practices, 
availability and adoption of techniques and tec hnology, international best practices and input 
from interested parties, and   
(b) The Trade Facilitation Committee shall (i) develop procedures for sharing relevant 
information and best practices as appropriate and (ii) consider what reasonable additional 
measures the Member should take. 
ARTICLE 12:  TRANSITIONAL PROVISIONS FOR DEVELOPING COUNTRY MEMBERS 
AND LEAST DEVELOPED COUNTRY MEMBERS 
 See US submission issued separately in TN/TF/W/166. 
 
 
 
  
 
 TN/TF/W/167 
Page 38  
 
  SUBMISSION FROM VIET NAM 
 
 
ARTICLE 6:   FEES AND CHARGES CONNECTED WITH IMPORTATION AND 
EXPORTATION 
1. Disciplines on Fees and Charges Imposed on  or in Connection with Importation and 
Exportation  
 
1.1 The provisions of this article shall apply to  all fees and charges [including shipping royalties] 
[(other than import/export duties and other than taxes within the purview of GATT Article 3)]  
imposed by customs and other governmental agenci es, [including those bodies that act on behalf of 
governmental agencies]. Such fees and charges shall be imposed only for services rendered in 
connection with importation or exportation of good s or for any formality required for undertaking 
such importation or exportation.  
(a) Fees and charges shall [[be limited in amount to the approximate][reasonably 
approximate the]]  cost of the service provided. 
(b) [No fees and charges should be [[levied][calculated]]  on an ad valorem basis, unless 
they are less than the [approximate] cost of the service rendered]. 
(e) An adequate time period shall be accord ed between the publication of [information 
on] new or amended fees and charges and their entry into force except [in urgent 
circumstances or] when justified by [o ther] legitimate public policy objectives. 
(f) [New or amended fees and charges sha ll not be imposed until [[the new norms 
concerning them are published][ information on them is publ ished]] and made readily 
available.] 
 (g) Each Member shall periodically review its  fees and charges [to ensure that they are in 
line with WTO commitments and] with a view to [consolidating them and] reducing their 
number and diversity, [[where practicable ][as appropriate]].  
ARTICLE 7:  RELEASE AND CLEARANCE OF GOODS 
1. Pre-arrival Processing  
1.1 Pre-arrival Processing:  Members shall maintain or introduce pre-arrival processing, [[which 
is defined as][or]] administrative procedures of customs and other relevant border agencies to 
[[accept][receive]] and examine import [[documenta tion or][data]] and other required information 
upon the submission by traders prior to the arrival of [[means of transport carrying the goods][goods 
and means of transport]], in order to further expe dite the [[clearance][release]] of goods [and/or the 
immediate release of goods upon arrival] where appropriate [and feasible, without prejudice to the right of Members to require further examination, physical inspection or the submission of any other 
requirement]. [In cases where it is decided that neit her further examination, physical inspection nor 
any other submission is required,  goods shall be [[released][clear ed]] immediately upon arrival, 
provided that duties and taxes [and other relevant fees and charges] are paid or provided that a 
guarantee sufficient to ensure such payment is posted.]      
[1.1 Members shall maintain or introduce procedures allowing traders to submit import 
documentation and other required info rmation to customs and other relevant border agencies prior to 
the arrival of the goods, where appropriate. In cases where all the regulatory requirements have been 
complied with and inspection or examination of the goods is not considered necessary, the goods shall  TN/TF/W/167 
 Page 39 
 
 
  be released immediately upon payment of customs duties and taxes or, where deemed appropriate by 
the authorities concerned, upon submission of a suffici ent guarantee in the form of a surety, a deposit 
or some other appropriate instrument, covering th e ultimate payment of custom duties and taxes for 
which the goods may be liable.] 
1.2 International Standards [and Practices] 
1.4. With respect to vessels subject to procedur es for the declaration (by manifest or similar 
document) of the vessel and its cargo, such procedures [[will][shall]]  be applied [immediately] prior 
to the vessels' arrival, [or as rapidly]  as not to unduly delay the vessel and the unloading of its cargo. 
1.5. Members [[will ][shall]] provide for advance electronic lodging of documents in electronic 
format and for pre-arrival processing of such docum ents [appropriate to the procedure applicable] 
[prior to the arrival].  
2. Separation of Release from Final Determination and Payment of Customs Duties, Taxes 
 and Fees  
 
2.1. [In legislated circumstances]  each Member [[shall ][may]] adopt or maintain procedures 
[[authorizing][ allowing]] an importer [or its agent] [w here appropriate] to [[remove][ask for the 
release of]]  goods from customs' [[control][custody][charge ]] prior to the final determination and 
payment of customs duties, taxes and fees [and charges] [[when these [have to be but]  [are not] 
determined [due to difficulties of determination] [at or ] prior to arrival][where it is decided that 
neither examination, physical inspection, nor any other submission is required]]. 
2.2. A Member may [[request][ require]] sufficient guarantee in th e form of a surety, a deposit or 
some other appropriate instrument for this purpose. The guarantee shall [normally ] be limited to an 
amount calculated to ensure compliance with a Memb er's requirements for customs duties, taxes and 
fees, and [other charges. The Gu arantee] shall not represent an indirect protection to domestic 
products or a taxation of imports for fiscal purposes.  [[Once the Member has determined that these 
requirements have been satisfied, the guarantee for the goods shall be discharged without delay.][The 
guarantee shall be discharged without delay when it is  no longer required.]]  [Each Member may have 
an overall guarantee enabling them to comply with the various transactions.] 
2.3. A Member may detain and examine goods in a manner not otherwise inconsistent with the 
Member's WTO rights and obligations. [A Member is not obliged to release the goods where its import requirements have not been complied with.] 
3. Risk Assessment/Analysis 
 
3.1 [A [[customs union][Member]]
 shall generally apply a harmonized risk management system 
across the entire customs union.] 
3.2 [Members sha ll [[conduct][apply]]  [documentary and physical] examination [or post 
clearance audit] based on risk management [or random contro l] [for the purpose of concentrating on 
the examination of [[higher ][high]] risk goods and facilitating the movement of [[lower ][low]] risk 
goods].] 
3.4 [The selectivity criteria] [which]  may include [ inter alia ] specific commodity code, country of 
origin, country whence consigned, licensing indicator, value of goods, compliance level of traders, type of means of transport and the traders' purpose of the stay in the Customs territory.] 
3.9 Members shall apply risk management techni ques with the purpose to reduce, to the extent 
possible, physical inspections on goods while ensu ring the efficiency of customs control and public 
security.    TN/TF/W/167 
Page 40  
 
  4. Post-clearance Audit (PCA) 
4.1 Members [[may][shall]] [[carry out necessary
][adopt or maintain the necessary legislative 
provisions]] for PCA on [[the accounts, books, vouchers , commercial documents, customs declaration 
forms and other trade-related information][the import and export transaction accounts and commercial 
records][the basis of the account registers] ] maintained by enterprises involved directly or indirectly 
in the transaction of international trade upon the risk [[analysis][ management]] results. 
4.2 Members [[shall][may]]  conduct PCA through methods of regular audit and targeted audit to 
[[identify ][verify]] the risk and assess the compliance of traders. 
4.3 [The outcome of PCA shall be [[timely fed back to relevant Customs officers involved in 
clearance procedures to take further action ][provided, where appropriate, timely to other relevant 
officers and taken into account for further risk anal ysis]]. [The most compliant traders or low risk 
commodities shall be granted simplest and f astest clearance treatment by Customs.]] 
1. Establishment and Publication of Aver age Release [and Clearance] Times 
5.1 Members [[shall ][may]] [where practicable] [measure and] publish their [own ] average time 
for the release of [[goods in a consistent manner on a periodic basis [for major customs 
offices] ][import and export goods on a periodic basis as measure of transparency]], [using tools such 
as the WCO Time Release Study] [except wher e its imported goods are released instantly on arrival] 
[discounting the time necessary to process the declaration before presenting it for customs clearance].  
 5.3 [In case of a [significant delay] in [[ the release of goods, ][customs clearance]]
 [with respect 
to the average time published by the Member concerned] Members [[shall ][may]] provide the traders 
who have made written requests with the reasons fo r the delay except when such notification would 
impede the pursuance of legitimate policy objectives.]   
6. Authorized Traders 
 
6.1 [In addition to the facilitation measures provided to all [operators] set out in this Agreement,] 
Members shall apply [further] simplified import and export formalities for [economic operators] 
[within its customs territory], including SME's, wh ich meet [[specific criteria related to compliance 
with customs [and other border agencies] requirement s ("authorized traders")][criteria specified by 
[[the customs][domestic legistlation]]]]:  
6.2 These specific criteria [[may][ for obtaining authorised traders status will]] include the 
following: 
6.3 [As determined by domestic legislation, ] the additional facilitation measures for such 
authorised traders [[may][but][shall]]  [where practicable] include [a t least four of the following 
comme nts], [inter alia]:  
(b) [[reduced][a low incidence of]]  physical inspections in all but exceptional 
circumstances;  
(c) [[reduced][minimal]]  documentary and data requireme nts as determined by domestic 
legislation, and [[including ] the right to] [when appropriate]] submit for processing a single 
document covering all goods cont ained in a consignment; and  
6.7 [Members [[shall][may ]] use [objective] risk management techniques in the assessment of any 
application for [grant of] authorized trader status.] 
6.8 [Members shall [[develop authorized traders schemes on the basis of international standards 
and instruments][draw upon relevant in ternational standards and instruments] ] [as well as existing  TN/TF/W/167 
 Page 41 
 
 
  industry specific standards, certification and verificati on instruments] as a basis for authorized trader 
schemes, where such standards and in struments exist, [except when they  would be an inappropriate or 
ineffective means for the fulfilment of the legitimate objectives pursued. ]]   
6.9 [[Whenever] norms for [the cert ification of]  authorized trader [statu s] [are established [and 
implemented] at the customs union level] they shall [in as much as possible] be applied uniformly by 
all [of its] Member states [of a customs union].]  
7. Expedited Shipments 7.1 Each Member shall adopt or maintain pro cedures allowing for expedited release of goods to 
[[persons] that apply for such service], wh ile maintaining customs control [and selection
]. A Member 
may require that an applicant shall, as a condition for the application of the procedures described in 
paragraph 7.2 to its expedited shipments:  
7.2 Subject to paragraph 7.1 (a) and (c ), the expedited release procedure shall: 
(a) allow [as quickly as possible] for the submission and processing, including through 
electronic means, of information necessary for the release of an expedited shipment [prior to 
its arrival];   
 
(c) [provide for expedited shipme nts to be released [[in a time -bound manner] [under normal 
circumstances within]] [[3 hours][6 hours][ a reasonable period of time based on national 
procedures][rapid release time][a time frame (s) not exceeding 24 hours]] [consistent with 
their national procedures]  [after arrival] provided the [required] information [necessary ] for 
release has been submitted]; 
(d) [apply [[without regard to weight or value [in the light of the delivery of the 
goods]][with respect to the nature of the goods]]];  
ARTICLE 9:  BORDER AGENCY COOPERATION 
1. Coordination of Activities and Requirements of all Border Agencies 
 1.1 A Member shall [[ensure][endeavour 
or promote]]  that its authorities and agencies involved 
in border and other import and export and transit  [controls] [or transit procedures ] 
[[harmonize] [cooperate and coordina te [with one another] ]] their procedures in order to facilitate 
trade. 
1.2(b) Wherever possible and practical, su ch cooperation and coordination may include: 
(v) Development of procedures for exchange of [non -confidential ] information [subject 
to Article 1 of the Trade Facilitation Agreem ent] [for conducting joint controls and 
recognition of inspection results];  
 1.3 When goods [[being transhipped][under custom s transit]] are ultimat ely destined for the 
territory of that Member, the person concerned shall be permitted to declare the goods for the relevant 
customs procedure at the [[[[
port or place][customs office] ] of destination][place of entry]]  where 
[[these obligations][ customs formalities]] can be fulfilled. 
 TN/TF/W/167 
Page 42  
 
  ARTICLE 10: FORMALITIES CONNECTED WITH IMPORTATION AND EXPORTATION  
2. Reduction/Limitation of Formalit ies and Documentation Requirements 
 
2.2 Any such formalities or requirements shall not be maintained if the circumstances or 
objectives giving rise to their adoption no longer exis t [or if changed circumstances can be addressed 
in a less trade restrictive manner] .  
 
3. Use of International Standards 
3.1 Members [are encouraged to consider as a reference framework] [[where practicable ][to the 
extent practicable]] base their importation, exportation [[and][or]] transit [formalities and ] procedures 
on [relevant] international standards or [[parts thereof ][guidelines or recommendations where they 
exist]], except as otherwise pr ovided for in this Agreement. 
3.2 Members may use regional standards [[whenev er they are compatible with international 
standards ][if these are [considered to be] more effi cient means][whenever they are efficient ]]  for 
facilitating international trade. 
3.3 Members are not required to use internati onal standards [guidelines or recommendations] 
which are not appropriate to their devel opment, financial and trade [[capacity][needs ]] or which 
would pose fundamental technological or infrastructur al problems for them [[and therefore][or where 
these would ]] be an ineffective or inappropriate means for the fulfilment of the legitimate objectives 
pursued. [Where a WTO Member is not a Member of the organization that sets the international standard in question.] 
 
3.5 [To encourage the use of international standards by all Members,] the Trade Facilitation Committee shall: 
(b)[(a)] [in conjunction with interna tional organizations] [[establish][prepare
]] a list of 
international standards [for Members to di scuss or consider] relating to importation, 
exportation and transit formalities and procedures administered by relevant 
international organizations. 
 
3.6 For the purposes of this Agreement, the term  "international standards" shall be understood to 
refer to [[international][standa rds][conventions][or Agreements]] [[guidelines or recommendations 
developed or promulga ted by the relevant] [relating to facilitating international trade and administered 
by]] intergovernmental internationa l organizations [[inter alia]: World Customs Organization (WCO) 
and United Nations Organisations Centre for Trade Facilitation and Electronic Business]. 
4. Acceptance of Commercially Avai lable Information and of Copies 
4.1 Customs and other border agencies shall require [[only those][the]]  [documents] [or data] [as 
are] necessary to [[exercise border controls][perm it control of the operation][release and clearance of 
goods]]  and to ensure that all [regulatory and legisla tive] requirements [[relating to [the application 
of] relevant laws have be en complied with][in effect have been respected]].  
4.6 [As far as possible the] Customs and other border agencies [[may][shall endeavour to]]   
[[allow supporting documents not][not insist upon supporting documents] ] to be presented provided 
they are [held available by the declarant], requisite  information is provided by the [declarant] about 
the documents, and the documents are available [[from ][with]] the [declarant] for a specific period. 
4.7 Customs and other border agencies shall [endeavour to ] not require a translation of the 
particulars of supporting documents (e.g., invoices,  bills of lading), [except when necessary [[to 
permit ][for]]  processing of the Goods declaration.]    TN/TF/W/167 
 Page 43 
 
 
  5. Single Window/One-time Submission 
 
5.1 Members [[in so far as possible][where practicable]]  [[shall][may ]] [endeavour to] [maintain 
or] establish a "single window" where documentation and/or data requirements for exportation, 
importation and transit [procedures] are submitted [by a trader resident in the Member state in 
question] [[one time only ][to a single entry point]]. [[The single window shall undertake onward 
distribution of the aforementioned documentation a nd/or data requirements to all the relevant 
authorities [[or agencies which require them][and participating agencies ]].] [A single window will be 
responsible for distribution of documents and info rmation for all the bodies involved in international 
trade]].  [After the examination by the relevant  authorities or agencies of the documentation and/or 
data, [[the single window shall notify the results to th e applicants][the results shall be notified to the 
applicants through the single window]]  in a timely manner.] 
5.2 In cases where documentation and/or data requirements have already been received by the 
single window, the same documentation and/or da ta requirements shall not be requested by 
[[other][participating ]] authorities or agencies except in urgent circumstances and other limited 
exceptions which are made public. 
5.3 Members shall notify [other Members through] [[the WTO Secretariat] [the Trade Facilitation] 
Committee]] the details of operation of the single window, [[including the pa rticipating authorities 
and agencies], the functions of the single window, the contact point for the single window as well as 
the procedure of its usage.] 
5.6 With regard to the scope of the participating authorities or agencies and of the documentation 
and/or data requirements, [[all][developing and least-developed]] Members [[are allowed to][shall]] 
[endeavour to]  implement the single window in a progressive manner [[taking into account each 
Member's implementation capacity][subject to their requesting for and receiving from other 
Member(s),  the requisite technical assistance and capacity building]]. 
6. Elimination of Pre-shipment Inspection 
6.1. Without prejudice to paragraphs 6.2 [and 6.3], Members shall not require the use of 
[mandatory] pre-shipment [and post-sh ipment] inspections [[or their equ ivalent][or other similar 
bodies]].  
6.2. Developing [and least -developed] country Members  [which currently have pre and post-
shipment inspection requirements] shall, [subject  to their requesting for and receiving from other 
Member(s), the necessary technic al assistance and capacity building ] [to the extent possible 
progressively] eliminate any requirements to use pre [and post] shipment [[inspections] 
[requirements]]  [or their equivalent] [[not later than [X ] years from the entry into force of this 
commitment][within the time period specifi cally agreed with such Member(s)]].  
6.4. From the entry into force of this commitm ent, Members shall not introduce or apply any new 
requirements to [[use][make mandatory the use of ]] pre-shipment inspections [or their equi valent].  
6.5. [During the transition periods  in paragraphs 6.2 and 6.3,] Members shall ensure that [[pre-
shipment inspection companies [or their equivalent] , acting on their behalf or employed by them,][any 
entity acting on their behalf or employed by them  to carry out compulsory inspection, verification or 
certification activity in relation with import , export or transit border procedures shall ]] act consistently 
with the relevant commitments of Members, in cluding in the field of Trade Facilitation. 
 
7. Use of Customs [[Brokers][Broking Company or Agency] 
7.1 Without prejudice to paragraph 7.2, Members shall [endeavour to ] not require the mandatory 
use of customs brokers. TN/TF/W/167 
Page 44  
 
  7.2
 [Subject to maintaining transparent and reasonable licensing requirement and proce dures, a 
Member country may require the compulsory use of customs brokers.]  
 7.3
 [Any person subject to licensing requirements in paragraph 7.2 shall be eligible for a license. 
In the case of legal persons, they may ope rate with their own in house brokers , licensed by the 
respective authority.]  
7.4 Developing country Members shall eliminate any requirements [[to use][for mandatory use 
of]] customs brokers not later than [X] years from th e entry into force of this commitment.  Least-
developed country Members shall eliminate any requirements [[to use][for mandatory use of]]   
customs brokers not later than [Y] years from the entry into force of this commitment. 
7.5 Members, if and when licensing customs brokers, shall apply licensing rules that are transparent, 
[non-discriminatory ] and reasonable, [having regard to the na ture of the tasks which they are licensed 
to carry out].  
8. Same Border Procedures within a Customs Union 
 
8.1 For border clearance [and release] of goods, [and in particular for clearance of agriculture and 
food products,]   Member states of a customs union [[shall adopt [[common
][the same]] border 
procedures][should progressively ad opt harmonized border procedures] ] [including inspection of 
goods, release of goods, SPS and TBT measures, etc.].   [This shall include adoption of same standards 
including specifications, terminologies and defin itions, inspection, sampling and test methods.] 
 
10. Option to Return [or Destroy] Rejected Goods to the [[Importer][Exporter]] 
 
10.1 In case of rejection of a [food ] [consignment] on account of failure to meet certain standards 
[of a customs union], an option [[shall][may ]] first be given to the [[importer][exporter]]  to 
[[return][re -export ]] the rejected goods [to the exporter;] only upon failure [by the 
[[importer][exporter ]]] to exercise this option within a reasonable period of time, a different course of 
action, including [the return of the goods to the expor ter, or] destruction of goods [at the cost of the 
importer] can be considered by the appropr iate authority of the importing Member.] 
ARTICLE 13:  [CUSTOMS] COOPERATION [MECHANISM FOR [TRADE 
FACILITATION AND] [[CUSTOMS][TRADE]] COMPLIANCE] 
 
We will comment whenever these two proposals are merged. 
 
ARTICLE  15: NATIONAL COMMITTEE ON TRADE FACILITATION 
 
1.1 In order to facilitate the process of domestic coordination of trade facilitation needs, priorities 
and implementation [of the Agreement on Trade Fa cilitation], Members shall [establish] [and] [or]  
[maintain] a national committee [on trade facilitatio n] [or a similar] mechanism on trade facilitation 
[or designate an existing mechanism/body/Committee ] [with the objective of assisting in the 
implementation of the Agreement on Trade Facilitation]. 
ARTICLE 16: PREAMBLE/CROSS-CUTTING MATTER 
1.1 [Small [and vulnerable] [economies ]] developing [and least developed] countries which are 
Members of a customs union or a regional economic  arrangement may adopt regional approaches to 
assist in the implementation of their obligations under the Trade Facilitation Agreement including 
through the establishment and use of regional bodies. ] 
 
  TN/TF/W/167 
 Page 45 
 
 
  SUBMISSION FROM ZAMBIA 
  ARTICLE 7:  RELEASE AND CLEARANCE OF GOODS 
7. Expedited Shipments 
7.1  
(a) Submit the information necessary for [[releas e][processing]] in advance of the arrival 
of an expedited shipment; 
7.2  
(b) Minimize the documentation required for the [[release][processing]] of expedited 
shipments, including, to the extent possibl e, providing for release based on a single 
submission of information on all goods in the expedited shipments; 
(c) [Provide for expedited shipments to be released [[in a time-bound manner][under 
normal circumstances within]] [[3 hours][6 hours][a reasonable period of time based on national procedures][rapid release time][a time frame(s) not exceeding 24 
hours][an agreed time frame between the a pplicant and a Member]] [consistent with 
their national procedures] [after arriva l] provided the [required] information 
[necessary] for release has been submitted]. 
__________