WORLD TRADE  
ORGANIZATION  TN/TF/W/143/Rev.3 
1 May 2009 
 
 (09-2106) 
Negotiating Group on Trade Facilitation  
  
 
 
WTO NEGOTIATIONS ON TRADE FACILITATION  
SELF ASSESSMENT GUIDE
1 
 
Revision  
 
  A guide to assist developing and least-develope d Members to assess their technical assistance 
and capacity building support needs and priorities to  implement Members' proposals on how to clarify 
and improve GATT Articles V, VIII and X. 
 
 This revision is based on the Secretariat Compilation TN/TF/W/43/Rev.17.  In addition, 
it incorporates the following new submissions: 
• TN/TF/W/155/Rev.1 from Hong Kong China, Japan, Mongolia, Norway, Switzerland and 
Turkey. 
• TN/TF/W/158 from Honduras, Norway and Switzerland. 
 
                                                     
 
1 Original version prepared by Canberra University on behalf of Wold Bank with input from WTO 
Secretariat and Annex D organizations.  Revisions prep ared WTO Secretariat in cooperation with Annex D 
organizations. TN/TF/W/143/Rev.3 
Page 2  
 
  CONTENTS 
 
GLOSSARY
 ............................................................................................................................... ............3 
 
LIST  OF ABBREVIATIONS  ...............................................................................................................3 
 PART
 A.............................................................................................................................. .....................5  
A.  INTRODUCTION ................................................................................................................... .5 
B.  THE  NEEDS  ASSESSMENT...................................................................................................5  
C.  PARTICIPATION .................................................................................................................. ..7 
D.  USING THE GUIDE ................................................................................................................ 9 
PART  B:  GUIDE  TO IMPLEMENTATION....................................................................................15  
A. PUBLICATION .................................................................................................................... ..15 
B. PRIOR  PUBLICATION  AND  CONSULTATION..............................................................31  
C. ADVANCE  RULINGS ...........................................................................................................41  
D. APPEAL  PROCEDURES ......................................................................................................45  
E. OTHER  MEASURES  TO ENHANCE  IMPARTIALITY,  
NON-DISCRIMINATION  AND  TRANSPARENCY..........................................................49  
F. FEES  AND  CHARGES  CONNECTED  WITH  IMPORTATION  AND  
EXPORTATION.................................................................................................................... .58 
G. RELEASE  AND  CLEARANCE  OF GOODS.......................................................................63  
H. CONSULARIZATION...........................................................................................................89  
I. BORDER  AGENCY  COORDINATION ..............................................................................92  
J. FORMALITIES  CONNECTED  WITH  IMPORTATION  AND  EXPORTATION .........97 
K. TARIFF  CLASSIFICATION ..............................................................................................126  
L. MATTERS  RELATING  TO GOODS  TRANSIT ..............................................................128  
M. CUSTOMS  COOPERATION..............................................................................................153  
N. NATIONAL  COMMITTEE  ON TRADE  FACILITATION ............................................159  TN/TF/W/143/Rev.3 
Page 3 
 
  GLOSSARY 
 
Annex D An Annex to the WTO July Package that sets out the modalities for the 
WTO trade facilitation negotiations 
Article V GATT Article dealing with fr eedom of transit for goods 
Article VIII GATT Article dealing with fees and formalities connected with 
importation and exportation 
Article X GATT Article requiring all trade regula tions to be clearly published and 
fairly administered 
Doha Development Agenda The current multilateral trade negotiations that were launched at the 4
th 
WTO Ministerial Conference held in Doha, Qatar in November 2001 
Gap Analysis A technique that may be used to determine the distance between the 
current situation of a given country and that required by compliance with 
the compulsory content of a rule or in this case the standards set out in 
this Guide that are based on WTO Members' proposals  
July Package The agreed work programme for achieving a negotiated outcome in the 
Doha Development Agenda 
Member A member of the WTO 
Observer An observer to the WTO.  Countries in accession are observers. 
Situation analysis A technique that may be used to de termine whether national legislation, 
current procedures and documentati on are relevant in terms of 
compliance with a proposal or agreement 
  
List of Abbreviations 
 
 
 
ACP  – African, Caribbean and Pacific Group (Lomé Convention) 
ASYCUDA  – Automated System for Customs Data 
CB – Capacity Building 
CVA  – Customs Valuation Agreement 
DSB  – Dispute Settlement Body (WTO) 
DSU  – Dispute Settlement Understanding.  WT O Understanding on Rules and Procedures 
Governing the Settlement of Disputes FIATA  – International Federation of Freight Forwarders Association 
GATS  Agreement – General Agreement on Trade in Services 
GATT  – General Agreement on Tariffs and Trade 
HS Convention  – Harmonized Commodity Description and Coding System (World Customs 
Organization) ICT – Information and communication technology 
IDB – Inter-American Development Bank 
IMF  – International Monetary Fund TN/TF/W/143/Rev.3 
Page 4  
 
  JITAP  – Joint Integrated Technical Assistance Program 
LDC  – Least Developed Country 
LLDC  – Land locked Developing Country 
MFN  – Most Favored Nation 
NAMA  – Non Agricultural Market Access 
NGTF  – Negotiating Group on Trade Facilitation (WTO) 
OAS  – Organization of American States 
OECD  – Organization for Economic Co-operation and Development 
PSI – Pre-Shipment Inspection  
RKC  – Revised Kyoto Convention (World Customs Organization document- official title is 
International Convention on the Simplificati on and Harmonization of Customs Procedures) 
S&DT, SDT  – Special and Differential Treatment 
SME's  -  Small and Medium Enterprises 
SNFP  – Single National Focal Point  
SPS – Sanitary and Phytosanitary Measures (WTO Agreement on the Application of Sanitary and 
Phytosanitary Measures) 
SVE  – Small Vulnerable Economies 
TA – Technical Assistance 
TA&CB  – Technical Assistance and Capacity Building 
TBT  – Technical Barriers to Trade (WTO Agreemen t on Technical Barriers to Trade or Standards 
Agreement) 
TIR -  Customs Convention on the International Transport of Goods 
TN/TF/ . . .  – WTO document symbols for trade facilitation negotiation documents 
TRIPS Agreement  – Trade Related Aspects of Intellectual Property Rights  
UN/EDIFACT  - United Nations Electronic Data Inte rchange For Administration Commerce and 
Transport 
UNCTAD  – United Nations Conference on Trade and Development 
UNECA  – United Nations Economic Commission for Africa 
UNECE  – United Nations Economic Commission for Europe 
UR – Uruguay Round 
WB – World Bank 
WCO  – World Customs Organization 
WTO  – World Trade Organization 
 
 
 TN/TF/W/143/Rev.3 
Page 5 
  
  PART  A 
A.  INTRODUCTION 
Background:  Trade Facilitation Negotiations 
 
 Trade facilitation is one of the topics being negotiated by World Trade Organization (WTO) Members under the Doha Development Agenda (DDA)  round of negotiations.  The mandate for the 
trade facilitation negotiations is set out in A nnex D of the Doha Work Programme Decision.
2  This 
mandate was developed by WTO Members to  set out the scope of negotiations.   
  Under this mandate WTO Members
3 are tasked to clarify and improve relevant aspects of 
GATT Articles V (Freedom of transit), VIII (fees and formalities connected with 
importation/exportation) and X (publication and admini stration of trade regulations) with a view to 
further expediting the movement, release and clearance of goods, including goods in transit.  They further aim for the provision of effective c ooperation between customs and other appropriate 
authorities on trade facilitation and customs compliance issues.  In addition to the technical measures, 
special and differential treatment (SDT)
4 and technical assistance are equally important components 
of the negotiations.   
  To negotiate these issues WTO Members make proposals on what they would like to see in a 
final text or Agreement.  These proposals are di scussed in the meetings of the WTO Negotiating 
Group on Trade Facilitation (NGTF).  To facilitate  the negotiations, the WTO Secretariat has 
published a compilation of Members' proposals (TN/TF/W/43
5) that is frequently updated as the 
negotiations progress.   
 
No "One Size Fits All" 
 
 The negotiations on trade facilitation, which bega n in July 2004, have disclosed a degree of 
consensus among Members in terms of the various reform proposals.  However, they have also 
reinforced the conclusion that there is no "one size fits all" solution to implementation of trade 
facilitation principles.  In fact, a range of possibl e approaches to implementation, both in terms of 
resources and in pace, may be adopted by individual countries depending upon their specific circumstances and the relative priorities they acco rd to specific items within their reform and 
modernization programs. 
 
B.
  THE  NEEDS  ASSESSMENT 
 The identification of needs and priorities will he lp Members to negotiate more effectively on 
all aspects of the negotiations;  the proposed measure s as well as the special and differential treatment 
and technical assistance necessary for the implementa tion of the proposed measures.  The importance 
of individual assessments of needs and prioriti es was stated in the mandate as follows:  
 "As an integral part of the negotiations, Memb ers shall seek to identify their trade facilitation 
needs and priorities, particularly those of de veloping and least-developed countries, and shall 
                                                     
 
2  Doha Work Programme Decision Adopted by the General Council on 1 August 2004 (WT/L/579).  
3 WTO Observer countries can participate fully in the negotiations however decisions on the outcome 
shall be taken only by WTO Members.  (WT/MIN(01)/DEC/1 20 November 2001 paragraph 48).  For ease of reference only the term Member will be used throughout the Guide. 
4 Special and differential treatment provisions allow developed countries to provide special rights to 
developing and LDC countries which treat them more favourably than other countries.  These provisions include, for example, longer time periods for implementation of commitments.   
5 The compilation is periodically revised.  The latest revision can be found on the WTO website. TN/TF/W/143/Rev.3 
Page 6  
 
  also address the concerns of developing an d least-developed countries related to cost 
implications of proposed measures."  
  To facilitate the process, the WTO Secretaria t in cooperation with the World Bank, IMF, 
OECD, UNCTAD and WCO (hereinafter re ferred to as Annex D organizations
6) have produced this 
Self Assessment Guide for the WTO Negotiations on Trade Facilitation (TN/TF/W/143) (hereinafter 
the Guide).  The primary purpose of the Guide is to provide developing and least-developed Members 
with a practical method for assessing the type and leve l of actions required to implement the range of 
Members' proposals.  Some of these actions can be undertaken locally by the concerned country, 
while others will require technical assistance and capacity building support, as noted by the 
Negotiating Group on Trade Facilitation: 
 
"To bring the negotiations to a successful conclu sion, special attention needs to be paid to 
support for technical assistance and capacity-bui lding that will allow developing countries 
and LDCs to participate effectively in th e negotiations, and to technical assistance and 
capacity-building to implement the results of th e negotiations that is precise, effective and 
operational, and reflects the trade facilitation needs and priorities of developing countries and 
LDCs."7 
 
 Members have stressed the importance for the identification of needs and priorities to be 
conducted as a self-assessment, however, the need for t echnical assistance for this exercise has also 
been identified.  To fulfil this need the WTO Secretariat, with the cooperation of the Annex D 
organizations, has established a special program of technical assistance funded by WTO donor Members and using this Guide.  
Objectives of the Needs Assessment: 
 
 The objective of the WTO trade facilitation technical assistance program is to assist WTO Members and Observers in conducting a self assessment so that they can partic ipate more effectively 
in the WTO trade facilitation negotiations.  The goal of each needs assessment is to obtain the 
following:   
• Identification of compliance level for ea ch proposed trade facilitation measure. 
• Identification of a national negotiation position for each proposed measure.  
• Identification of special and differential treat ment, technical assistance and capacity building 
needs and priorities.  
• Development of the capacity to continue the asse ssment of needs and priorities and provide more 
effective continued assistance to Geneva-b ased negotiators as negotiations progress. 
 
Other Benefits: 
 
 Participants of needs assessments have identifie d many other benefits gained as a result of the 
assessment.  Some of these benefits include: 
 
• The results provide a snapshot of the coun try's current trade facilitation situation. 
• The country is better prepared for implementation. 
• Better understanding of the role and status of va rious border agencies and of the private sector. 
                                                     
 
6 These organizations are referred to as Annex D organizations because the WTO trade facilitation 
negotiation mandate (Annex D) states that in order to make technical assistance and capacity building more 
effective and operational, other international organizations  should be invited to cooperate.  These international 
organizations include IMF, OECD, UNCTAD, World Bank and WCO. 
7 WT/MIN(05)/DEC.  TN/TF/W/143/Rev.3 
 Page 7 
 
 
  • Better understanding by all stakeholders of WTO trade facilitation and possible results of the 
negotiations. 
• Better understanding of the proposed measures. 
• New personal relationships which promote better communication and cooperation. 
• Results are useful for current reform projects to ensure they are in line with WTO negotiations.  
• Useful for bi-lateral and regional negotiations. 
 
C.  PARTICIPATION 
The Need to Involve Stakeholders in the Assessment Process 
  Effective consultation with relevant stake holders serves to ensure that Geneva-based 
negotiators have the best and most complete info rmation and advice upon which to participate in the 
negotiations.  It also encourages the sharing of in formation, expertise and perspectives by those who 
are likely to be affected by the outcome of the negotiations.  This in turn assists the process of 
assessing the likely impact of particular proposals,  highlighting potential implementation difficulties 
and identifying the most appropriate approaches fo r implementation and enforcement.  Effective 
consultation, therefore, facilitates the identifica tion of technical support and capacity building needs 
and priorities.   Effective consultation with both public and pr ivate sector stakeholders is fundamental to 
achieving ownership of the results.  The approach a dopted in this Guide has been developed on this 
basis. 
  
Stakeholder Identification  
 Stakeholders are those people, groups and ins titutions that perform functions related to the 
movement of goods across the border, and those which will be effected by the outcome of the 
negotiations and the implementation process.  Therefor e, they include public authorities administering 
trade legislation and procedures as well as services providers and service users.     To facilitate the process of stakeholder identifi cation in the current context, it is useful to 
envisage the entire international supply chain and cons ider those who may be involved at any point in 
dealing with the goods and the associated documentati on, formalities, payments and transport, either 
from a regulatory or commercial perspective. 
 
The Public Sector 
 
 Many of the measures under negotiation focus on improving Customs systems and procedures, however, Customs is not the only gove rnment agency involved in processing and clearing 
international cargo.  In most countries, multiple  government agencies have an interest in the 
movement of goods, including agencies responsible  for health and safety, food inspection, import 
licensing, tax collection, quality inspection and enforcement.  Consequently, the policies and 
procedures of a number of other agencies are clearly included in the negotiation agenda.  Therefore an 
effective coordination mechanism is crucial to ensure that the assessment addresses all relevant 
aspects of government responsibility.   The first step in developing a coordination m echanism is to designate a single ministry or 
agency that will have overall responsibility for coor dinating the assessment process.  Such ministry or 
agency should ideally have policy or administrativ e responsibilities that are relevant to the trade 
facilitation agenda as well as the capacity to support and drive the assessment process.  In most cases 
this will be the agency that has overall responsibility for trade policy.    TN/TF/W/143/Rev.3 
Page 8  
 
   The next step is to identify the stakeholders that should take part in the needs assessment.  
Often an existing trade facilitation task force or  committee can be the basis with some possible 
changes needed to reflect the scope  of trade facilitation at the WTO. 
 
The Business Community 
  To achieve a successful outcome on trade facilita tion, it is imperative to actively engage the 
business community and to take its views into consider ation.  Consequently, it is important to have a 
good understanding of the interests of the private sector and communicate regularly with the organizations and members of the private sector that may be impacted by particular aspects of the 
negotiations and their implementation. 
  The significance of engagement with the business community can be demonstrated by 
reference to trade agreements where negotia tors have secured access to export markets and 
subsequently discovered that their private sector  had no capacity to supply those markets.  
Conversely, a potentially adverse impact on the domestic industry may emerge that is neither 
highlighted nor anticipated during the course of negotiations, which points to the importance of 
involving these stakeholders at an early stage.   Keep in mind that the goal of the negotiations  is to obtain commitments from your trading 
partners so it is vital understand the problems face d by your exporters.  However, since you will also 
have to make the same commitments to other WT O Members input from your importers is equally 
vital.    
 The following list provides examples of agencies and organizations that are typically involved 
in cross-border trade issues.  
 • Implementing agencies (Customs, Quarantine, St andards Board, Port Authority and Airport 
Authority, etc.). 
• Attorney General or Legal Department of  Cabinet (legal matters, e.g., appeals). 
• Ministry of Transport (physical control of goods flow). 
• Ministry of Commerce (negotiations, competitiveness,  trade flow, control request for industry    
protection, consumer protection). 
• Foreign Affairs (negotiations). 
• Economy and Finance (trade flow, controls requ ests for budgetary reasons and price stability). 
• Ministry of Agriculture and Animals (contr ols requests for sanitary/phytosanitary reasons) 
• Ministry of Food and Drugs (controls requests for human health reasons). 
• Ministry of Environment (controls requests for human health and wildlife conservation). 
• Private sector (a cross-section to reflect wide in terests: large and small, importers and exporters, 
carrier, cargo forwarders and cargo owners, Ch amber of Commerce, shippers association, cargo 
forwarders association, etc.). 
• Specialists from donor agencies working in your c ountry on customs reform or other relevant 
issues. 
• Delegate from Geneva or Brussels that par ticipates in the trade facilitation negotiations. 
  It is important to bear in mind that the WTO negotiations on trade facilitation can be very 
technical.  Government officials that participate sh ould be in a position to make decisions but must 
also have good overall technical knowledge.    
  TN/TF/W/143/Rev.3 
 Page 9 
 
 
  D.  USING THE GUIDE 
Overview 
 
 The Guide provides a practical and uniform appro ach to assist with the identification of needs 
and priorities in the WTO trade facilitation negotiati ons.  This is achieved by comparing the current 
situations with a basic standard and text  of proposal(s) that distil the essence of Members' proposals.  
   It provides useful guidance on assessing a Member 's needs and priorities for local action and 
for technical support and capacity build ing against each of these standards. 
 
The Guide consists of Part A and Part B.  
 • Part A provides a brief overview of the Guide a nd sets out the approach that is recommended for 
the assessment.   
 
• Part B consists of standards a nd proposed text for each of the WTO Members' proposals.  It 
follows the same format as the WTO Secretar iat Compilation (TN/TF/W/43 as revised), which 
sets out the format used in the negotiations.  For each measure a chart is provided that is the tool to be used to determine needs and priorities to implement the measure. 
  For practical purposes the guide makes some b asic assumptions about the various proposals, 
and highlights the main elements to be considered .  However, users of thid Guide should use their 
own judgement to determine the key elements of each proposal.  However, it should be kept in mind 
that all proposals remain subject to change in the context of the ongoing negotiations.  Any new or 
revisions to proposed measures, which can be found in the Secretariat Compilation of Proposals 
(TN/TF/W/43 as revised) and the proposals themsel ves, should take precedence over the Guide.  
 
Suggested Approach to Assessment 
 
 Prior to launching the assessment, identify all re levant stakeholders from both the public and 
private sectors who should par ticipate in the assessment. 
 
 During the assessment, participants should assess each proposal by using the standard, text 
and chart in Part B.  The most recent revision of secretariat compilation TN/TF/W/43/Rev.(highest number) and the Members' proposal can also be used to  make sure that the most up to date scope of 
the proposals are assessed.    Overview of Part B of the Guide - Description of the Proposed Measures 
 
 Part B of this Guide addresses each sub-cat egory of Members' proposals, as identified in 
WTO document TN/TF/W/43, by providing:  • A general description  of the proposals that have been pu t forward, based on  how the proposed 
measure is commonly used or applied.  This  description is for information purposes only. 
 • The basic standard  that is likely to apply to Members in the event that the pr oposals are adopted. 
This is a common minimum standard ag ainst which compliance should be assessed. 
 
• The text  of the proposal(s)  provides the actual proposals for each measure.  For your convenience 
the main elements of the proposal are in bold with  key words in the chart.  However, each Member 
should determine the main elements so all texts should be carefully revi ewed and all important 
points should be considered. TN/TF/W/143/Rev.3 
Page 10  
 
   
• The requirements  that a Member must satisfy in order to meet the Basic Standard. This section 
contains measures, legal requirements, etc. that  would be necessary to implement the proposed 
measure.  These requirements have not necessarily been mentioned in any proposal but would have to be in place or occur for implementation of the proposal. 
 
Overview of Annex A -  The Assessment Tool 
 
 This annex contains charts that should be  filled in for each proposal using the general 
description, basic standard and text of proposal(s) provided for in Part B.   
 
Note:  Many of the transit proposals overlap with proposals in GATT Articles VIII and X.  When this 
is the case the transit proposal is included with the overlapping Art.VIII or X proposal. For instance, 
publication for transit is included with publicati on requirements proposed under GATT Article X.  
 
Instructions are provided below on how to complete the chart. 
  
   TN/TF/W/143/Rev.3
 Page 11A.1  PUBLICATION AND NOTIFICATION OF TRADE REGULATIONS AND OF PENALTY PROVISIONS;  
L.5(a)    PUBLICATION FOR TRANSIT 
 Basic Standard: Member shall publish promptly all laws, regulations, judicial d ecisions and administrative rulings  of general application relat ing 
   to or affecting trade in goods as to enable gove rnments and traders to become acquainted with them. 
                             [2]                                                                   [10] 
COMPLY: Yes:    
  No:      Partially:     Not applicable:                   National Priority:  High:        Medium:        Low:        None: __        
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources , training, equipment, organization, 
change management.  If possible include  estimated costs and/or implementation 
times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 
(Put in bold the points where you are not in compliance)
 Reason for non-compliance/ barriers   
(Complete this column (and the 
next 2) for points not compliant- use same numbering system- add 
sub-points as necessary)
 What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify in detail. 
[1] Customs 
1.---- 
2.---- 
Standards 1.----  Agriculture 
1.---- [3] [4] [5] 
Priority for Technical Assistance:   High:        Medium:        Low:        None:        Comments :    [6] 
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :   [7] 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :    [8] 
Issues to note (any comments or re commendations for negotiators, etc.) :   [9] 
 TN/TF/W/143/Rev.3 
Page 12  
 
  [1] Current situation relative to the re quirements to the proposed measure:
  W h a t  i s  
currently in practice compared to the basi c standard and text of the proposals.  It is very important to 
describe thoroughly with complete details in cluding names and citations of legislation .  This is 
important for your negotiators but in addition it is crucial for continued review of the results of the 
needs assessment, for future implementation and for requests for technical assistance.  Begin with a 
general description and then address  your current situation for each of the specific elements of the 
proposals.  Complete this column even if  you are fully in compliance .   
 Refer to the Secretariat Compilation or th e proposal for the most up-to-date texts. 
 
It is important to list the current situation for all agencies that would fall under the proposal.  If the 
situation is different in the different agencies then  it should be set out agency by agency in this 
column.    [2] COMPLY: yes ⁯  n o  ⁯  partially ⁯ not applicable
 ⁯:  Determine whether the current 
situation represents full compliance, partial complia nce, or non-compliance with the basic standard 
and text of the proposal, or whether it is not applicable to the country.  Not applicable  means that the 
situation described in the measure does not concer n the country (for example, elimination of the 
mandatory use of PSI is not applicable if there is no legal requirement in the country to use PSI).  This 
should be completed after the discussions about the current situation have been completed. 
 
The participant presentations on the last day of the needs assessment include a count of the number of 
proposals in full, partial, non-compliance, or not applicable.  
 
Next steps :  Go across line by line and complete the other columns for any current situation that is not 
in compliance with the basic standard.  Ther e can be more than one reason/barrier for non-
compliance. 
 
[3] Reason for non-compliance/ barriers:  Id entify the reasons for non-compliance or key 
barriers  for each non-compliant area noted in column one.  It is important to make sure the real 
reason is understood.  For example, participants may say that a particular measure (or element 
thereof) is on the planning agenda in their country but there hasn't been time to implement.  This 
might really mean that it is not a high priority or the necessary political will is not behind it.  Is 
important to think beyond the obvious initial response.    
[4] What can be done locally to a ddress barriers? (Specify in detail):   
Any action that your country can undertake by its elf to overcome the non-compliance/barrier would 
be local action.    Consider the categories listed below under "Actions needed to meet basic standards"  
This should be as specific as possible so that the resu lts will be useful at the time of implementation.  
For example, if training is needed describe the type of training needed, who should be trained and who will provide the training.    
[5] Is Technical Assistance or Capacity Buildin g support needed? If yes, specify in detail. 
Anything requiring outside assistance would be technical assistance.  Consider the categories listed 
below under "Actions needed to meet basic standards" .  It is important to make this as specific as 
possible to assist your Geneva delegate in nego tiating technical assistance and SDT.  For example, 
training on establishment of an advance ruling progra m/drafting of rulings for 60 customs officers at 
the management level. 
 
Include the estimated costs and implementation times wherever possible.  TN/TF/W/143/Rev.3 
 Page 13 
 
 
  [4-5] Actions needed to meet basic standard (Consider needs in legal framework, administrative 
policy, human resources, training, equipment, or ganization, change management.  If possible 
include estimated costs and/or implementation times.)  
Identify actions that must be taken in order to achieve full compliance with the basic standard and 
requirements.  In this context, the following matters should be considered: 
 
• What initiatives are required to manage the require d change, including political and administrative 
issues8?   
• What legislative changes are required? 
• What policy, system and procedural changes are required? 
• What human resource implications are invol ved including any indirect human resource 
management implications?  
• What training in the public and private sector is  required, including any indirect human resource 
management implications? 
• What equipment/infrastructure resources are requi red including implementation or modification of 
existing or new hardware and software?  
• What organizational or structural changes are required? 
 
[6] Priority for Technical Assistance:  High:        Medium:        Low:        None:__   
Comments:  This is necessary for negotiations for special and differential treatment, and technical 
assistance for each measure as well as for the de velopment of a technical assistance plan. 
  
[7] Lead agency or organization and other stakeholders that would be responsible for 
implementation of this measure:    Identify which agency should have overall responsib ility to oversee implementation of the measure or 
implementation of technical assistance.  Also iden tify all stakeholders that would be affected by 
implementation. 
 
[8] Stakeholders not participating in assessment of this measure(s) that should be consulted : 
All relevant stakeholders should take part in th e assessment, however, sometimes an agency is unable 
or unwilling to participate.  Any agency relevant fo r the particular proposal that is not participating 
should be listed here in order to identify who need s to be consulted to finalize the results of the 
assessment and participate in future  updates.  For example, if it is a transit proposal but no one from 
the Ministry of Transport or freight forwarders wa s involved then this should be noted and the results 
of the needs assessment should be sent to them for comment/consultation.  [9] Issues to note (any comments or recommendations for negotiators, etc.) :    
This box is to allow comments for the Geneva nego tiator, such as whether stakeholders are in support 
or oppose the measure.  If a proposal or certain elem ents of a proposal are unclear then the negotiator 
can be instructed to seek clarification through the negotiations.    This space can also be used to pr ovide additional information that c ould be useful for the negotiations, 
for example:  "legislation that would allow for impl ementation of this proposal is currently before the 
Parliament."  Or comments could be made on any di fficulties in completing the needs assessment - for 
example -  assumptions made if the standard is too general or vague. 
 It does not need to be filled in for all proposal s but only where there is a particular message. 
                                                     
 
8 There are three principal considerations in any change process –  (a) identifying what needs to 
change, (b) determining how it should be changed, and (c) setting up the change management process. TN/TF/W/143/Rev.3 
Page 14  
 
  [10] National Priority:  High:     
   Medium:        Low:        None: __  
Is this proposal a high priority for your country in the negotiations?  Remember that the benefit gained 
from the WTO negotiations is commitments from your tr ading partners so it is very important to have 
the opinion of your exporters.   AFTER THE NEEDS ASSESSMENT – WHAT NEXT? 
 
 This will depend on when your needs assessment is conducted in relation to the negotiations.  
Any technical assistance to implement these proposed measures will most likely not be provided until 
after the completion of the negotiations.  If your needs assessment is conducted early on then you 
might not see the results for quite some time.  However, you can work with donors currently 
conducting relevant reform projects in your country  to incorporate your trade facilitation needs in 
their reform package.  Local action can be undert aken immediately so that you are ready as soon as 
the technical assistance is offered.  
 One of the main goals of th e needs assessment is to help  your country negotiate more 
effectively.  Often the negotiator in Geneva is not  in a position to know the status of implementation 
of proposed measures or to keep up with, often rapi d, reforms at home.  As the negotiations progress 
and as the situation at home changes it is important for stakeholders to continue to update the results 
of the needs assessment and to communicate these ch anges to the negotiator(s).  Effective continued 
communication between the capital and Geneva is essential to ensure that the needs of your 
stakeholders can be consider ed by your negotiators.   
  TN/TF/W/143/Rev.3 
 Page 15 
 
 
  PART  B:  GUIDE  TO IMPLEMENTATION 
A. PUBLICATION   
A.1 Publication of Trade Regulations and of Penalty Provisions 
 
General Description  
These proposals seek to provide transparency of trade legislation and relevant information relating to 
or affecting the international trade in goods by publishing promptly and making it available to 
interested parties.  Basic Standard
 
A Member shall publish promptly all laws, regulati ons, judicial decisions and administrative rulings 
of general application relating to or affec ting trade in goods as to enable governments9 and traders to 
become acquainted with them.  Text of the Proposal(s) 
 
 
1. Publication 
Hong Kong, China, Japan, Mongolia, Norway , Switzerland and Turkey, TN/TF/W/155/Rev.1  
 "1. Each Member shall publish promptly
10 all laws, regulations, judicial decisions and 
administrative rulings of general application as specified in Article X of GATT 1994, including but 
not limited to: 
(a) Importation, exportation or transit procedur es required by Government (including 
port, airport, and other entry-point pro cedures and required forms and documents); 
(b) Rate of duties and taxes imposed on or in connection with importation, exportation or 
transit (including applied tariff rates); 
(c) General rule for classification of products for customs purposes as well as examples of 
such classifications; 
(d) Import, export or transit requirement s, restrictions or prohibitions; 
(e) Fees and charges imposed on or in connection with importation, exportation or transit 
procedures as required by Government; 
(f) Penalty provisions against breaches of import, export or transit formalities; 
(g) Appeal procedures;  
(h) Agreements or parts thereof with any country or countries relating to the importation, 
exportation or transit. 
                                                      
9 The term "governments" is deemed to include the competent authorities of any Separate Customs 
Territory Member and the European Communities. 
10 The paragraphs of proposals TN/TF/W/115/Rev.1 and TN/TF/W/132/Rev.1 concerning prior 
publication provide further clarification of the term "promptly." TN/TF/W/143/Rev.3 
Page 16  
 
  A
VAILABILITY  
1. Each Member shall ensure that the information re ferred to in paragraph 1 is made available in 
a non-discriminatory and convenient manner , in order to enable interested parties to become 
acquainted with them, via officially designated sources . 
 
UNIFORM ADMINISTRATION  
Each Member shall administer in a uniform, impartial and reasonable manner  all its laws, 
regulations, judicial decisions and administrative rulings of the kind described in paragraph 1. 
 
GENERAL OBSERVATIONS  
Nothing in these provisions shall be construed as requiring: 
 
(a) The publication or provision of information refe rred to in paragraph 1 other than in the 
language of the Member except as stated in paragraph 4;  or 
(b) Members to disclose confidential informa tion which would impede law enforcement 
or otherwise be contrary to the public interest or would prejudice the legitimate 
commercial interests of particular enterprises, public or private." 
L.5(a)  Publication for transit 
 
The Former Yugoslav Republic of Macedonia, th e Republic of Moldova, Rwanda, Switzerland and 
Swaziland, TN/TF/W/133/Rev.2/Corr.1  
 
"Publication:  Each Member shall publish all transit formalities and documentation requirements , 
and regional transit agreements or arrangements  [[except if a non-Member-Party to such an 
agreement or arrangement opposes publication]].  The information shall be published via an officially 
designated source , such as the official gazette, the offici al journal or an official web-site.  
 
Requirements to Meet the Basic Standard  
 
(a) The Member publishes all information covere d by the Text of the Proposal(s) in a 
manner to be made available to governments and traders. 
(b) All amendments to relevant material are made public in the same way as the original 
publication.  The Member has organizational and other mechanisms in place to ensure 
that the information which it makes availa ble is complete, accurate, relevant and 
timely. 
  
   TN/TF/W/143/Rev.3
 Page 17A.1  PUBLICATION AND NOTIFICATION OF TRAD E REGULATIONS AND OF PENALTY PROVISIONS 
L.5(a) PUBLICATION FOR TRANSIT 
 Basic Standard: Member shall publish promptly all laws, regulations, judicial d ecisions and administrative rulings  of general application relat ing to 
   or affecting trade in goods as to enable govern ments and traders to become acquainted with them. 
 
COMPLY: Yes:     
   No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, trai ning, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail.  
(Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers  
 (Complete this column (and the next 
2). For points not compliant - use 
same numbering system - add sub-points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your situation to assist your negotiator and 
any other stakeholder that might 
review the results. (by agency where appropriate), e.g., for publication, it could be useful to list Name of official publication, how often 
published, where sold, price, etc.   
 Specific to the proposal(s):  1. Publish promptly:  
regulations, judicial decisions and 
administrative rulings of general application, and regional transit agreements 
(a) Procedures of border 
agencies; 
(b) Rate of duties and taxes;   
  
   
  TN/TF/W/143/Rev.3 
Page 18 Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, trai ning, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers  
 
(Complete this column (and the next 2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
(c) Decisions/examples of 
customs classification; 
(d) Import, export or transit 
restrictions; 
(e) Fees and charges; 
(f) Penalty provisions; 
(g) Appeal procedure;  and 
(h) Agreements with country(s) 
(i) Transit formalities and 
documents. 
2.  Non-discriminatory manner. 
3. Convenient manner  
4. Via officially designated 
sources. 
5. Administer in a uniform, 
impartial and reasonable manner. 
 Priority for Technical Assistance:  High:     
   Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
 
  
   TN/TF/W/143/Rev.3
 Page 19Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, trai ning, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers  
 
(Complete this column (and the next 2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
Issues to note (any comments or re commendations for negotiators, etc.) :    
 TN/TF/W/143/Rev.3 
Page 20  
 
  A.2 Internet Publication/ Establishment of Official Website 
 
General Description
 
 
The publication of relevant information on an official  website provides particul arly high levels of both 
transparency and accessibility.  It also allows timely publication of new and amended information. 
 These proposals seek to provide greater transparen cy of and accessibility to trade regulations by 
making available to interested parties, via the inte rnet, all legislation and trade-related procedures 
relating to or affecting the international trade in goods. 
 
Basic Standard
 
 A Member shall publish all trade related legislati on, procedures and documents on a national official 
internet site or sites. 
 
Text of the Proposal(s) 
 
 United States, TN/TF/W/145
 
 "Internet Publication 
 
Each Member shall make available and keep current , on a publicly accessible Internet website : 
 
(a) A full and precise description of its customs procedures , including procedures for 
the appeal of customs determinations ;  and 
(b) The forms and documents required  for importation into or exportation from the 
territory of that Member." 
Hong Kong, China, Japan, Mongolia, Norway , Switzerland and Turkey, TN/TF/W/155/Rev.1
 
 "Recognizing that electronic means of publication would be the most cost effective and easily 
accessible format for publication of information, each  Member shall make available and keep updated 
on one or more publicly accessible official websites : 
 
(a) A description of procedures required by Gove rnment in connection with importation, 
exportation or transit, including the appeal procedures, its import, export or transit requirements, restrictions or prohibitions as well as references to the relevant laws, 
regulations, judicial decisions and administ rative rulings of general application as 
specified in Article X of GATT 1994; 
(b) All required forms and documen ts referred to in paragraph 1(a), as well as electronic 
links to them, where applicable. 
The language of publication for the description re ferred to in paragraph 3(a) shall, whenever 
practicable, be one of the official languages of the WTO.  TN/TF/W/143/Rev.3 
 Page 21 
 
 
  Requirements to Meet the Basic Standard  
 The Member has organizational and other mechanisms in  place to ensure that the information which it 
makes available is complete, accurate, relevant and timely.  This may include the establishment of a 
national coordination point. 
  
  TN/TF/W/143/Rev.3 
Page 22 A.2 INTERNET PUBLICATION/ ESTABL ISHMENT OF OFFICIAL WEBSITE 
 
Basic Standard: A Member shall publish all trade related legislation, procedures and documents on a national offici al internet site or sites. 
 
COMPLY: Yes:        No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __         
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, trai ning, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers  
 
(Complete this column (and the next 2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your situation to assist your negotiator and any other stakeholder that might review the results. (by agency where 
appropriate):   
 Specifics describe for each agency (customs, standards, agriculture, etc. where practices differ) provide 
website address: 
 
1. Publicly accessible internet 
website. 
2. Keep current. 
3. Full and precise description 
of customs procedures. 
4. The appeal of customs 
determinations. 
5. Forms and documents. 
6. Electronic links to forms and 
documents.  
  
   
   
   TN/TF/W/143/Rev.3
 Page 23Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, trai ning, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers  
 
(Complete this column (and the next 2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
7. Description of border 
agencies' procedures. 
8. Requirements, restrictions. 
prohibitions. 
9. References to the relevant 
trade-related legislation. 
10. One of the official languages. 
 
Priority for Technical Assistance:  High:        Medium:        Low:        None:        Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
 
 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
 
 
Issues to note (any comments or re commendations for negotiators, etc.) :    
 TN/TF/W/143/Rev.3 
Page 24  
 
  A.3 Establishment of Enquiry Points 
 
General Description
 
 Transparency and accessibility of information is impor tant for traders to be able to efficiently 
undertake their business.  These pr oposals seek to provide greater accessibility to trade-related 
information and documents by providing access through enquiry points for all interested parties.  Members are already required to have enquiry poi nts for SPS (sanitary and phytosanitary) and TBT 
(technical barriers to trade (standards)) matters.  This proposal would add an  additional requirement 
for an enquiry point(s) for other trade–related information. 
 
Basic Standard
 
 
A Member shall establish a national or regional enquiry  point which is responsible for providing, or 
facilitating access to, trade-related informati on and documents to interested parties. 
 
Text of the Proposal(s)  
 Hong Kong, China, Japan, Mongolia, Norway , Switzerland and Turkey, TN/TF/W/155/Rev.1
 
 "Each Member shall ensure that at least one or more enquiry points  are exists.  The enquiry points 
shall answer all reasonable enquiries  on the issues covered in paragraph 1 from interested parties as 
well as to provide the required forms  referred to in paragraph 1(a). 
 (Paragraph 1 from proposal on Publication A.1:    "1. Each Member shall publish promptly  all laws, regulations, judicial decisions and 
administrative rulings of general application as specified in Article X of GATT 1994, including but 
not limited to: 
(a) Importation, exportation or transit proced ures required by Government (including 
port, airport, and other entry-point pr ocedures and required forms and documents); 
(b) Rate of duties and taxes imposed on or in connection with importation, exportation 
or transit (including applied tariff rates); 
(c) General rule for classification of products  for customs purposes as well as examples 
of such classifications; 
(d) Import, export or transit requiremen ts, restrictions or prohibitions; 
(e) Fees and charges imposed on or in conn ection with importation, exportation or 
transit procedures as required by Government; 
(f) Penalty provisions against breaches of import, export or transit formalities; 
(g) Appeal procedures;  
(h) Agreements or parts thereof with any country or countries relating to the 
importation, exportation or transit). 
  TN/TF/W/143/Rev.3 
 Page 25 
 
 
  Where a Member requires payment of a fee for enquiries, such fees shall not exceed the 
approximate cost of the service rendered. 
 
The enquiry points shall reply to enquiries within a reasonable time period set by each individual 
Member. 
 Members involved in a regional integration may establish enquiry points at the regional level ." 
 Barbados, Cuba, Fiji, Papua New Guin ea, Solomon Islands, TN/TF/W/129/Rev.2 
 
"Small Economies/developing countries which ar e members of a Customs Union or a regional 
economic arrangement shall have the option of establishing one or more enquiry points at the 
regional level .  The existence of a notified regional enquiry point would satisfy the requirements for 
the existence of an enquiry point under this current provision. " 
 
Requirements to Meet the Basic Standard
 
 
(a) The Member provides competent sta ff to service such enquiry points. 
(b) The Member provides basic communicati on equipment (telephones and fax 
machines) computers with internet access and email. 
(c) The Member has formal mechanisms in pl ace to ensure coordination between all 
relevant agencies/enquiry point, enqui ry point/stakeholders, and enquiry 
point/foreign enquiry points. 
(d) The Member has formal mechanisms in place to ensure the information and 
documents are routinely updated as needed. 
(e) The Member has formal mechanisms in pl ace to notify and regularly update the 
WTO of the contact information for the enquiry points .  
  TN/TF/W/143/Rev.3 
Page 26  
A.3 ESTABLISHMENT OF  ENQUIRY POINTS 
 Basic Standard: A Member shall establish a national or regional enquiry point which is responsible for providing, or facilitating access to, tr ade- 
   related information and documents to interested parties. 
 
COMPLY: Yes:     
   No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail.  
(Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
 (Complete this column (and the next 
2). For points not compliant - use 
same numbering system - add sub-points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  Provide 
background information of your situation to assist your negotiator and 
any other stakeholder that might 
review the results. (by agency where appropriate)  Specific to the proposal(s): 
 
1. Establishment of a national 
or regional enquiry point(s) established for trade-related legislation and procedures, 
information and documents. 
2. Any fees charged reflect the 
approximate cost of the service rendered. 
3. Reply within a reasonable 
time period set nationally.   
  
   
   TN/TF/W/143/Rev.3
 Page 27Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
 
(Complete this column (and the next 2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
 
Priority for Technical Assistance:  High:        Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
  
Issues to note (any comments or re commendations for negotiators, etc.) :    
 
 TN/TF/W/143/Rev.3 
Page 28  
 
  A.4 Notification 
 
General Description
 
 The purpose of notification to the WTO is to provide  transparency.  All official notifications are 
translated and distributed in the three official WT O languages and circulated or made available to all 
WTO Members and Observers.  
 Basic Standard
 
 
A Member shall establish procedures to notify official sources, website and enquiry point to the 
WTO.  
 Text of Proposal(s)
11 
 
Hong Kong, China, Japan, Mongolia, Norway, Switzerland and Turkey, TN/TF/W/155  
 "Each Member shall notify to the [Trade Facilitation Committ ee] the officially designated sources  
referred to in [the] paragraph [on availability], the official websites  referred to in [the] paragraph [on 
the establishment of an official website], as well as the contact information of the enquiry points  
referred to in [the] paragraph [on th e establishment of enquiry points]." 
 
Requirements to Meet the Basic Standard
 
 Coordination- cooperation notifications mechanism.  
                                                     
 
11 Includes similar issues relating to transit in L.4(a).  
   TN/TF/W/143/Rev.3
 Page 29A.4  NOTIFICATION 
 
Basic Standard: A Member shall establish procedures to notify official sources, website and enquiry point to the WTO. 
 
COMPLY: Yes:        No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
 
(Complete this column (and the next 2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your situation to assist your negotiator and any other stakeholder that might review the results. (by agency where 
appropriate) 
 Specific to the proposal(s):  1. Establishment of notification 
procedures for: 
(a) Official publication sources; 
(b) Official website; 
(c) Enquiry point. 
   
  
  
 
Priority for Technical Assistance:  High:        Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
  
  TN/TF/W/143/Rev.3 
Page 30 Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
 
(Complete this column (and the next 2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
 
 
Issues to note (any comments or re commendations for negotiators, etc.) :    
  TN/TF/W/143/Rev.3 
 Page 31 
 
 
  B. PRIOR  PUBLICATION  AND  CONSULTATION 
B.1 Interval Between Publication and Entry Into Force 
 
General Description  
 
These proposals seek to ensure that a reasonable pe riod is provided between the  publication of 
proposed new and amended laws, regul ations, rulings etc. and their entry into force in order to 
contribute to informed compliance, by providing an opportunity for stakeholders to become acquainted with them and prepare for compliance.  
Basic Standard
 
 A Member shall ensure that, in principle, inform ation relating to proposed new and amended rules of 
general application is made available to interested  persons in advance of their entry into force.  
 
Text of the Proposal(s)
 
 Hong Kong, China, Japan, Korea, Mongolia and Switzerland, TN/TF/W/115/Rev.1
 
 "Except in urgent circumstances and other limite d exceptions which are made public, Members shall 
ensure, within the competence of their respective government, that a reasonable interval is provided 
between the publication of new or amended laws , regulations and administrative rulings of 
general application, or their drafts or  summaries, and their entry into force  in such a manner as 
to allow traders to become acquainted wi th and well prepared for the compliance  with them."  
 
L.5(a) Publication- for transit 
 The Former Yugoslav Republic of Macedonia, th e Republic of Moldova, Rwanda, Switzerland and 
Swaziland, TN/TF/W/133/Rev.2/Corr.1  
 Prior publication:  Except in urgent circumstan ces and other limited exceptions, which are made 
public, Members shall accord an adequate time pe riod between the publication of new or amended 
transit formalities and documentation requi rements and their entry into force." 
 Requirements to Meet the Basic Standard
 
 The Member has in place legislation or administrative arrangements which clearly set out timeframes 
and procedures relating to the publication of new and amended rules prior to their entry into force. 
  
  TN/TF/W/143/Rev.3 
Page 32 B.1 INTERVAL BETWEEN PUBLICATIO N AND ENTRY INTO FORCE 
L.5(a) PUBLICATION- FOR TRANSIT 
 
Basic Standard: A Member shall ensure that, where practicable, information rela ting to proposed new and amended rules of general application is  made 
available to interested persons in advance of their entry into force. 
 
COMPLY: Yes:        No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail.  
(Put in bold the points where you are 
not in compliance)
 Reason for non-compliance/ barriers  (Complete this column (and the next 
2). For points not compliant - use 
same numbering system - add sub-points as necessary)
 What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your situation to assist your negotiator and 
any other stakeholder that might 
review the results. (by agency where appropriate)  Specific to the proposal(s): 
 
1. Interval between the 
publication and entry into force of new or amended laws, regulations and administrative rulings of general 
application, or their drafts or 
summaries. 
2. Interval between the 
publication and entry into force of new or amended transit formalities and documents. 
   
  
   
   TN/TF/W/143/Rev.3
 Page 33Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance)
 Reason for non-compliance/ barriers  
(Complete this column (and the next 2). For points not compliant - use 
same numbering system - add sub-
points as necessary)
 What can be done locally to address barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
3. In a manner for acquaintance 
and compliance. 
 
Priority for Technical Assistance:  High:        Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
  
Issues to note (any comments or re commendations for negotiators, etc.) :    
 TN/TF/W/143/Rev.3 
Page 34  
 
  B.2 Prior Consultation and Commenting on New and Amended Rules 
 
General Description
 
 Public consultation and feedback improves the predic tability of the regulatory environment, increases 
transparency, results in more realistic and fair ru les which contributes to an  improved the level of  
compliance. Such consultation and feedback may be organized by the relevant ministry or regulatory 
agency.  These proposals seek to ensure effe ctive consultation at the nationa l level on proposed trade-related 
laws, regulations, administrative rulings, etc. in order to provide interested persons with an 
opportunity to comment on the proposed new or amende d trade related rules, and for Members to take 
such comments into account, as appropriate, prior to their implementation.  Basic Standard
 
 
A Member shall provide opportunities for interested parties to comment on proposed new trade-related rules and procedures, or proposed amendments  to existing rules or procedures, prior to their 
entry into force.  Text of the Proposal(s)
12 
 
Hong Kong, China, Japan, Korea, Mongolia and Switzerland, TN/TF/W/115/Rev.1  
"Except in urgent circumstances and other limite d exceptions which are made public, Members shall 
afford, within the competence of their respective government, appropriate opportunities to interested 
parties within their territories to comment on proposed introduction or amendment of trade-
related laws, regulations and administrative rulings of general application . Members shall 
provide information of their policy objectives  pursued and allow reasonable period for interested 
parties to submit comments." 
 
Turkey, TN/TF/W/132/Rev.1  
 
"Members shall ensure that new or amended trade -related legislation and procedures be published on 
the national website at least [  ] days  before its  en try into force so that the interested parties shall be 
able to submit their comments on the legislati on and take necessary measures for the adaptation. 
Exceptions to this provision are the legislati on requiring urgency [and cases where publication in 
advance may distort market conditions]." 
 
L.8(b) Between Authorities and the Private Sector- on transit 
 
The Former Yugoslav Republic of Macedonia, th e Republic of Moldova, Rwanda, Switzerland and 
Swaziland, TN/TF/W/133/Rev.2/Corr.1  
 
"Between authorities and the privat e sector: Members shall provide opportunities for interested traders 
or their representatives to comment on the transit re gime and its operation, in cluding with regard to 
the introduction of new or amended transit fees and charges, and transit formalities and documentation requirements, with a view to minimi zing unnecessary delays and restrictions on traffic 
in transit."  
 
                                                     
 
12 Includes similar issues relating to transit in L.4(a).  TN/TF/W/143/Rev.3 
 Page 35 
 
 
  Requirements to Meet the Basic Standard  
 (a) The Member conducts regular, formal consultati ons at the national level with the public and 
private sector on proposed new or amended le gislative and administrative arrangements.  
Such mechanisms include: 
• Procedures for obtaining comments from interested persons; 
 • Procedures for taking such comments into account prior to entry into force, and for  
 providing public feedback on the acceptance or otherwise of the comments received; 
 
• Reasonable timeframes. 
 (b) The Member provides competent sta ff to undertake such consultation.  
  TN/TF/W/143/Rev.3 
Page 36 B.2  PRIOR CONSULTATION AND COMMENTING ON NEW AND AMENDED RULES  
L.8(b)   BETWEEN AUTHORITIES AND THE PRIVATE SECTOR- ON TRANSIT 
 
Basic Standard: A Member shall provide opportunities for interested parties to co mment on proposed new trade-relate d rules, or proposed amendme nts to 
   existing rules, prior to their entry into force. 
 
COMPLY: Yes:        No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, trai ning, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 
(Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers  
 
(Complete this column (and the next 
2). For points not compliant - use 
same numbering system - add sub-points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your situation to assist your negotiator and any other stakeholder that might 
review the results. (by agency where 
appropriate)  Specific to the proposal(s):  
1. Publication on website of 
new. 
2. or amended trade-related 
legislation and procedures. 
3. Information on their policy 
objectives. 
4. Procedures for submission of 
comments. 
5. Procedures for consideration 
of comments.   
  
   
   TN/TF/W/143/Rev.3
 Page 37Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, trai ning, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers  
 
(Complete this column (and the next 2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
 
Priority for Technical Assistance:  High:        Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
  
Issues to note (any comments or re commendations for negotiators, etc.) :    
 TN/TF/W/143/Rev.3 
Page 38  
 
  B.3  Regular Consultation 
 
General Description
 
 In order to ensure greater compliance with laws  and regulations government agencies and traders 
should regularly consult.  This is necessary to implement many of the measures proposed in these 
negotiations.  
 Basic Standard
 
 
Members shall hold regular consultations between bor der agencies and traders within their territories. 
 Text of the Proposal(s)
13 
Hong Kong, China, Japan, Korea, Mongolia and Switzerland, TN/TF/W/115/Rev.1 
 
"Members shall hold regular consultations between border agencies and traders  within their 
territories."  Requirements to Meet the Basic Standard
 
 
• The Member provides competent sta ff to undertake such consultation. 
                                                      
13 Includes similar issues relating to transit in L.4(a).  
   TN/TF/W/143/Rev.3
 Page 39B.3 REGULAR CONSULTATION  
 
Basic Standard: Members shall hold regular consultations between bor der agencies and traders within their territories. 
 
COMPLY: Yes:        No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
 
(Complete this column (and the next 2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your situation to assist your negotiator and any other stakeholder that might review the results. (by agency where 
appropriate) 
 Specific to the proposal(s):  1. Regular consultations 
between border agencies and traders.   
  
  
 
Priority for Technical Assistance:  High:        Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
 
  
  TN/TF/W/143/Rev.3 
Page 40 Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
 
(Complete this column (and the next 2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
Issues to note (any comments or re commendations for negotiators, etc.) :    
 
  TN/TF/W/143/Rev.3 
 Page 41 
 
 
  C. ADVANCE  RULINGS 
C.1 Provision of Advance Rulings 
 
General Description  
 
In order to provide the international trading co mmunity with greater commercial predictability and 
certainty, and to facilitate their compliance with re gulatory requirements, many administrations have 
implemented a system of advance rulings.  This syst em allows a trader to apply for a written ruling on 
how the laws in the country of importation will be a pplied to their specific fact ual situation when they 
import.  These rulings generally apply to tariff classi fication, valuation and origin.  Such rulings are 
supplied by Customs on request, and in many cases are legally binding, provided they are based on 
complete and accurate information.  The WTO Rul es of Origin Agreement already requires Members 
to provide advance rulings on origin.  These proposal s seek to establish such a system of binding 
rulings in other customs areas.  
Basic Standard
 
 A Member shall issue rulings in a timely manner, and in advance of the relevant trade transaction, at 
the written request of an applicant
14 has provided the Member with all necessary information. 
 Text of the Proposal(s)
 
 
Australia, Canada, Turkey the United States, TN/TF/W/153  
 A Member shall issue an advance ruling in a time bound manner  to an applicant submitting a 
written request which contains all necessary informati on.  A Member's authority that declines to issue 
an advance ruling shall promptly notify the applicant in writing, setting out the relevant facts and 
the basis for its decision.  
1. An advance ruling applies in respect of the a pplicant for a reasonable period of time after its 
issuance, unless the facts or circumstances supporting the original ruling have changed.  Where the 
issuing authority revokes or modifies the ruling, th e authority shall notify the applicant in writing, 
setting out the relevant facts and the basis for its decision. 
2. A Member shall publish,  at a minimum: 
(i) The time period by which it will issue  an advance ruling, 
(ii) The length of time for which the advance ruling is valid , and 
(iii) What information is necessary  from the applicant to issue an advance 
ruling.
15 
3. A Member shall provide, upon the request of the applicant, for a review by the issuing 
authority of  the advance ruling or the decision to revoke or modify the advance ruling.16 
                                                      
14 "An applicant"  is an importer, exporter or producer,  a representative of an importer, exporter or 
producer, or any person with a justifiable cause .  As defined in TN/TF/W/153. 
15 Note to the reader:  This language may be dropped from the proposed article should it be adequately 
covered by the Article on publication and availability of information. TN/TF/W/143/Rev.3 
Page 42  
 
  4. A Member shall endeavour to make available information  on advance rulings which it 
considers to be of significant interest to other traders, taking into acc ount the need to protect 
commercially confidential information. 
Definitions
 
 
An "advance ruling" is a determination of a Member , provided in writing to an applicant prior to the 
commencement of trade in the good concerned that se ts forth the treatment the Member shall provide 
the applicant, in  connection with an importation covered by the application,  with regard to:   
 
[NOTE:  The co-sponsors have bracketed several items  which might be included in the scope of this 
proposal in recognition of the interest of  Members in discussing the issue further.] 
 
(a) The good's tariff classification ; 
(b) [The application of customs valuation criteria for a particular case ; 
(c) The application of duty drawback, deferral, or other relief from customs duties ; 
(d) The application of quotas ]. 
[NOTE:  Advance rulings on the good's country of origin are already provided for in the Agreement 
on Rules of Origin].  An "applicant"  is an importer, exporter or producer,  a representative of an importer, exporter or 
producer, or any person with a justifiable cause." 
 
Requirements to Meet the Basic Standard
 
 (a) The Member has in place national legislati on or administrative arrangements which set out 
transparent and predictable procedures for applying for, issuing, modifying and revoking an 
advance ruling, including: 
 
• The procedures and formalities to be fo llowed, including review, appeal and 
 revocation procedures; • The format in which the ruling is provided, which must include reasons for the 
 decision; 
• Circumstances under which a ru ling ceases to have effect. 
 (b) All such rulings are honoured by the issuing authority in respect of the applicant's goods 
 concerned at any border post and for the specified period, provided the facts and  circumstances on which the ruling is based remain unchanged. 
 
(c) The maintenance of comprehensive records relating to all aspects of the advance ruling 
 system. 
                                                                                                                                                                    
 
16 Note to the reader:  This provision may be dropped from the proposed article should it be adequately 
addressed in the context of the curre nt proposals designed to clarify a ppeal and review procedures under 
Article X, which also include an initial right to review within the issuing authority .  
   TN/TF/W/143/Rev.3
 Page 43C.1 PROVISION  OF ADVANCE  RULINGS 
 
Basic Standard: A Member shall issue rulings in a timely manner, and in advance of the relevant trade transaction, at the written request of an   
   applicant who has provided the Me mber with all necessary information. 
 
COMPLY: Yes:        No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard  Current situation relative to the 
Proposed Measure. Describe in detail. 
 
(Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers  
 
(Complete this column (and the next 
2). For points not compliant - use 
same numbering system - add sub-points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your 
situation to assist your negotiator and 
any other stakeholder that might review the results. (by agency where appropriate) 
Specific to the proposal(s): 
Scope: 
Advance rulings in areas such as: 1. Tariff classification. 
2. Duty drawback, deferral, 
other relief from duties. 
3. Quotas. 
4. Customs valuation.
17 
An advance ruling programme should 
provide the following: 
1. Application of the ruling.   
  
 
 
                                                      
17 Not in relation to the value of the goods, but in relation to the treatment of particular aspects of the transaction for valua tion purposes.  
  TN/TF/W/143/Rev.3 
Page 44 Actions needed to meet basic standard  Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers  
 
(Complete this column (and the next 2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify in detail. 
2. Written revocation. 
3. Declined in writing. 
Right to appeal. 
Available to other traders.   
Publication of time period, validity 
period, the information that must be provided by the applicant. 
 Priority for Technical Assistance:  High:     
   Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
 
 
Issues to note (any comments or re commendations for negotiators, etc.) :    
  TN/TF/W/143/Rev.3 
 Page 45 
 
 
  D. APPEAL  PROCEDURES 
 D.1 Right of Appeal 
 
General Description
 
 
Government agency decisions can have an immediate and detrimental effect on traders affected by the 
decisions.  These proposals seek to introduce effectiv e appeal procedures that will enable affected 
traders to seek review of decisions made and to receive a prompt and considered response to their 
appeals. 
 
Basic Standard  
 A Member shall provide a legal right of appeal  in customs and other trade-related matters. 
 
Text of the Proposal(s)
 
 Japan and Mongolia, TN/TF/W/116/Rev.1
 
 "
RIGHT OF APPEAL  
1. Each Member shall 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 of the agency which 
issued the  decision;  and 
(b) Judicial appeal  of the decision. 
2. The legislation of each Member may require administrative appeal to be initiated prior to 
judicial appeal. 
TRANSPARENCY  
3. Members shall ensure that appeal procedures 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 [X].  Traders shall be allowed to be represented at all stages of 
appeal procedures by independent legal counsel. 
SET PERIOD  
4. Members shall ensure that customs and other relevant border agencies adopt and 
maintain set periods for their review and correction of decisions  under the appeal procedures.  
The appellant shall have the right, for procedu res mentioned in paragraph 1(a), in a case of 
undue delay, to bring the case to the next higher instance.  
 
OPPORTUNITIES TO RECEIVE INFORMATION AND GRIEVANCES  
5. Members shall 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 . 
 TN/TF/W/143/Rev.3 
Page 46  
 
  6. Members shall ensure that customs and other relevant border agencies receive grievances 
from traders concerning the administrative decision  they are addressed to."
18  
 Requirements to Meet the Basic Standard
 
 
(a) The Member has in place national legislation that  provides a right to affected persons to be 
given, upon written request, an explanation of th e reasons for a trade-related decision; and for 
the person to have a right of appeal to a competent authority which may be the agency 
concerned, another administrative authority, arbitration, a special tribunal or, in the final instance, a judicial authority. 
(b) The appeal procedures are clearly outlined in na tional legislation, and the legal requirements 
and procedures for filing an appeal are read ily accessible to the tr ade community and the 
general public, and address all elements identifie d in the Text of the Proposal(s) including: 
Requirements for an appeal to be lodged in writing stating the grounds on which the appeal is being 
made. 
• The time limits within which an appeal must be lodged; 
 • Requirements for the decision in relation to th e appeal to be provided to the appellant 
 in writing, together with the reasons for th at decision and advice as to the appellant's 
 further rights of appeal and relevant time limits. 
 
(c) National legislation outlines the specific types of d ecisions that may be subject to appeal, such 
as decisions on tariff classification, valuation, or igin, licensing, permits to import or export, 
refunds, etc. 
D.2 Appeal Mechanism in a Customs Union – this proposal applies only to customs unions that 
are themselves WTO Members.  The European Unio n is the only such customs union so it is 
not necessary to consider this pr oposal for your needs assessment. 
                                                     
 
18 Note:  Grievances would be received, for example, at existing enquiry points, divisions, sections of 
customs and other border agencies concerned depending on each Member's situation.  
   TN/TF/W/143/Rev.3
 Page 47D.1 RIGHT OF APPEAL 
 
Basic Standard: A Member shall provide a legal right of appeal  in customs and other trade-related matters. 
 
COMPLY: Yes:        No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, trai ning, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers  
 
(Complete this column (and the next 2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your situation to assist your negotiator and any other stakeholder that might review the results. (by agency where 
appropriate) 
 Specific to the proposal(s):  1. Non discriminatory/ 
accessible. 
2. Without penalty. 
3. Provides reasons. 
4. Independent administrative.  
5. Right to representation. 
6. Timeframe. 
7. Right to take to next higher 
instance. 
8. Information/reasoning on 
decision.   
  
   
  TN/TF/W/143/Rev.3 
Page 48 Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, trai ning, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers  
 
(Complete this column (and the next 2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
9. Informal complaints. 
 
 
Priority for Technical Assistance:  High:        Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
  
Issues to note (any comments or re commendations for negotiators, etc.) :    
  TN/TF/W/143/Rev.3 
 Page 49 
 
 
  E. OTHER  MEASURES  TO ENHANCE  IMPARTIALITY,  NON-DISCRIMINATION  
AND  TRANSPARENCY 
E.1 Import Alerts/Rapid Alerts 
 
General Description  
 
The Import alert/rapid alert is a border control mech anism as defined in the proposal provided below.  
These proposals seek to ensure that if a country u ses such a mechanism, it does not create a barrier to 
trade.  
Basic Standard
 
 A Member shall not operate an import alert/rapid alert system in a way that creates an unnecessary barrier to trade.  
Text of the Proposal(s)
 
 
1. Import Alerts/Rapid Alerts 
India, TN/TF/W/122  
 "Import alert/rapid alert is a border control mech anism adopted by some countries as well as customs 
unions to monitor and ensure the quality of importe d food product.  This is operated by issuing a 
notification to all member states of a customs union/or to all ports of a country as well as to the exporter in case of detection of contaminated impor ts or import of products not meeting the required 
standards.  As a result of such alert, a predeter mined number of subsequent  export consignments of 
the same exporter are subject to hundred percent inspection at the border of that country/every port of 
a customs union.  
 The following disciplines shall apply to a system of import alert/rapid alert:  
 In order to ensure that the application of a syst em of import/rapid alert does not by itself create a 
barrier to trade, it shall be imposed across a customs union only if based on uniform standards 
and applied uniformly by all of its member states . 
 
− A notification against a country/exporter under a system of import/rapid alert restricting or 
prohibiting imports shall be issued only after it has been established on the basis of 
positive evidence that imports from the co untry/exporter concerned have not fulfilled 
the prescribed objective standards. 
 
− A notification issued under a system of import/rapid alert restricting or prohibiting 
imports shall not be maintained if circumstances  giving rise to it no longer exist, or if 
changed circumstances can be addressed in a less trade restrictive manner .  
Circumstances giving rise to import/ rapid alert would be deemed to no longer exist if [six] 
successive consignments imported from the country/exporter concerned, after the issuance of 
import/ rapid alert fulfilled the prescribed objective standards.  
 
− Announcement of termination of an import/r apid alert shall be made through a public 
notice to be issued no later than [15 days] after a decision has been taken to terminate 
the import/rapid alert. 
 TN/TF/W/143/Rev.3 
Page 50  
 
  − The speed and standard of publicity of de-notification of such alert shall equal the level 
applied at its issuance ."  
 Requirements to Meet the Basic Standard
 
 
Where the Member and/or customs union has in place a system of import/rapid alert, it should reflect 
the requirements identified in the Text of the Proposal(s).   
   TN/TF/W/143/Rev.3
 Page 51E.1 IMPORT ALERTS/RAPID ALERTS 
 
Basic Standard: A Member shall not operate an import alert/rapid alert sy stem in a way that creates an unnecessary barrier to trade. 
 
COMPLY: Yes:        No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, trai ning, equipment, or ganization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers  
 
(Complete this column (and the next 2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your situation to assist your negotiator and any other stakeholder that might review the results. (by agency where 
appropriate) 
 Specific to the proposal(s):  • Uniform, objective standards; 
• Uniform application across  
 customs union; 
• Positive; 
• Not maintained if 
 circumstances no longer 
 exist; 
 1. Use of less trade restrictive 
arrangements. 
2. Public termination notice. 
3. Speed and standard of 
publicity of de-notification. 
   
  
   
  TN/TF/W/143/Rev.3 
Page 52 Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, trai ning, equipment, or ganization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers  
 
(Complete this column (and the next 2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
 
Priority for Technical Assistance:  High:        Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
  
Issues to note (any comments or re commendations for negotiators, etc.) :    
  TN/TF/W/143/Rev.3 
 Page 53 
 
 
  E.2 Detention 
 
General Description  
 This proposal seeks to ensure that importers, or th eir authorized agents, are informed promptly when 
their goods have been detained. 
 Basic Standard
 
 When imported goods are detained by a competent au thority, a Member shall provide the importer or 
their authorized agent with information about the detention promptly. 
 Text of the Proposal(s)
 
 India, TN/TF/W/122
 
 
"In case imported goods are detained for inspection by customs or any other authority  of a Member 
country, information regarding such detention sha ll be provided to the importer or his 
authorized agent promptly ."  
 Requirements to Meet the Basic Standard
 
 
The Member has in place national legislation or administrative arrangements which clearly set out the procedures for notifying importers and/or their ag ents promptly in situations where goods are 
detained.   
  TN/TF/W/143/Rev.3 
Page 54 E.2 DETENTION 
 
Basic Standard: When imported goods are detained by a competent authority, a Memb er shall provide the importer or their authorized agent with 
information about the detention promptly. 
 
COMPLY: Yes:        No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 
(Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
 
(Complete this column (and the next 
2). For points not compliant - use 
same numbering system - add sub-points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your situation to assist your negotiator and any other stakeholder that might 
review the results. (by agency where 
appropriate)  Specific to the proposal(s):  
Information provided promptly. 
   
  
  
 
Priority for Technical Assistance:  High:        Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
  
Issues to note (any comments or re commendations for negotiators, etc.) :    
  TN/TF/W/143/Rev.3 
 Page 55 
 
 
  E.3 Test Procedures 
 
General Description  
 Customs and other competent authorities may draw and test samples where deemed necessary, to 
establish the tariff description of goods declared, protect  health and safety, or to ensure the application 
of other provisions of na tional legislation.  This proposal seeks to provide traders with the right to a 
second confirmatory test in situations wher e the initial test returns adverse findings. 
 Basic Standard
 
 
When samples of goods are test ed by competent authorities fo r the purpose of ensuring the 
appropriate application of national legislation, a Member shall provi de importers, exporters or their 
authorized agents with the right to a second confirmatory test.  
Text of the Proposal(s)
 
 India, TN/TF/W/122
 
 "In case of the first test of a sample having show n an adverse finding, each Member conducting such 
a test shall grant the concerned importer or the exporter or their authorized agent the right to a 
second confirmatory test . 
 
A clear procedure shall be laid down for such a confirmatory test including a validated test 
method.  
A list of accredited laboratories shall be published  where confirmatory tests can be carried out. 
 
For a customs union, the results of a confirmatory  test carried out in one member state of a 
customs union shall be valid for and be accepte d in all other member states of the customs 
union."  
Requirements to Meet the Basic Standard
 
 The Member has in place national legislation or administrative arrangements which clearly set out the procedures for confirmatory testing as required by the Text of the Proposal(s).  
  TN/TF/W/143/Rev.3 
Page 56 E.3 TEST PROCEDURES 
 
Basic Standard: When samples of goods are tested by competent authorities for the purpose of ensuring the appropriate application of national l egislation, 
a Member shall provide importers, exporters or their author ized agents with the right to a second confirmatory test. 
 
COMPLY: Yes:        No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, trai ning, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 
(Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers  
 
(Complete this column (and the next 
2). For points not compliant - use 
same numbering system - add sub-points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your situation to assist your negotiator and any other stakeholder that might 
review the results. (by agency where 
appropriate)  Specific to the proposal(s):  
• Clear procedures, including a 
validated test method; 
 • Accredited laboratories and the 
publication of a list of such 
laboratories; 
 • Acceptance of the results of a 
confirmatory test by all member states of a customs union. 
 
 
   
  
   
   TN/TF/W/143/Rev.3
 Page 57Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, trai ning, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers  
 
(Complete this column (and the next 2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
Priority for Technical Assistance:  High:        Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
  
Issues to note (any comments or re commendations for negotiators, etc.) :    
 TN/TF/W/143/Rev.3 
Page 58  
 
  F. FEES
 AND  CHARGES  CONNECTED  WITH  IMPORTATION  AND  EXPORTATION 
F.1 Disciplines on Fees and Charges Imposed on or in Connection with Importation and 
Exportation 
 
General Description  
 
GATT Article VIII paragraph 1(a) establishes certain  obligations regarding fees and charges.  It 
authorizes only those fees and charges that are limit ed to the approximate cost of services rendered, 
and prohibits fees and charges aimed at protec ting domestic goods or having the effect of an 
import/export tax.  These proposals seek to ensure that  the principles of Article VIII are observed.  
(Note that this does not apply to customs duties or  to internal taxes such  as VAT/sales tax, etc.). 
 Basic Standard
 
 A Member shall ensure that fees and charges im posed by customs or any other government body, 
including tasks undertaken on their behalf, do not  exceed the approximate costs of services rendered 
and are in connection with/or a condition for impor tation, exportation or transit formality.   
 Text of the Proposal(s)
 
 European Communities, Korea and Switzerland, TN/TF/W/107
 
 
"Scope   The provisions [of this article] apply to all fees and charges imposed by customs authorities or by 
any other government body of any Member, including tasks undertaken on their behalf , on or in 
connection with importation or exportation, or as a condition for importation or exportation. 
 
Specific parameters 
 
Fees and charges shall only be imposed for services provided in direct connection with the 
specific importation or exportation in questio n or for any formality required for undertaking 
such importation or exportation .  
 Fees and charges shall not exceed the approximate cost of the service provided. 
 Fees and charges shall not be calculated on an ad valorem basis . 
 
Fees and charges shall not be imposed with respect to consular services and equivalent measures .  
 Information on fees and charges shall be published .  This information shall include the reason for 
the fee or charge (the service provided), the responsible authority, the fees and charges that will 
be applied, and when and how payment is made.   The information shall be made readily available 
to all interested parties  and each Member shall inform, through the WTO Secretariat, all other 
Members where the information on its fees and charges is available .  The information shall be 
published via an officially designated medium , and where feasible and possible, official website . 
 An adequate time period shall be accorded between the publication of information on new or 
amended fees and charges and their entry into force except when justified by legitimate public 
policy objectives.    TN/TF/W/143/Rev.3 
 Page 59 
 
 
  New or amended fees and charges shall not be imposed until information on them is published 
and made readily available.  
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."  
 
L.4(a)  Publication of Fees and Charges – for transit 
The Former Yugoslav Republic of Macedonia, th e Republic of Moldova, Rwanda, Switzerland and 
Swaziland, TN/TF/W/133/Rev.2/Corr.1  
 
"Publication:  Members shall publish promptly information on all transit fees and charges .  This 
information shall include the r eason for the transit fee or charge (the service provided), the 
responsible authority, the transit fees and charg es that will be applied, and when and how 
payment is to be made .  The information shall be published via an officially designated medium, 
and to the extent practicable, an official website .19 
 Prior publication:  Except in urgent circumstan ces and other limited exceptions, which are made 
public, Members shall accord an adequate time period between the publication of information on 
new or amended transit fees and charges and their entry into force ."
20 
 L.4(b) Periodic Review of Fees and Charges 
The Former Yugoslav Republic of Macedonia, th e Republic of Moldova, Rwanda, Switzerland and 
Swaziland, TN/TF/W/133/Rev.2/Corr.1  
 "Periodic review:  Each Member shall periodically review its transit fees and charges to ensure 
that they are in line with WTO commitments and with a view to reducing their number and 
diversity, where appropriate ."
21 
 
L.4(c) More effective Disciplines on Charges for Transit – Reduction/Elimination 
The Former Yugoslav Republic of Macedonia, th e Republic of Moldova, Rwanda, Switzerland and 
Swaziland, TN/TF/W/133/Rev.2/Corr.1  
 
"Members shall exempt traffic in transit from custom s duties and from all transit duties and 
other fees and charges imposed in respect of transit, except: 
 
(i) reasonable charges for transportation (suc h as tolls, road charges and similar), 
having regard to the conditions of the traffic, or  
(ii) reasonable transit charges commensurate with the administrative expenses 
 entailed by transit or with the cost of  the service rendered.  Any transit charge 
 shall: 
                                                      
19 Note to the reader:  this paragraph may be dropped at a later stage if the issue is properly covered in 
another Article of the Agreement. 
20 Note to the reader:  this paragraph may be dropped at a later stage if the issue is properly covered in 
another Article of the Agreement. 
21 Note to the reader:  this paragraph may be dropped at a later stage if the issue is properly covered in 
another Article of the Agreement. TN/TF/W/143/Rev.3 
Page 60  
 
   
- only be imposed for transit services provi ded directly linked to the specific 
transit movement in question;  
- not exceed the approximate cost of the transit service rendered;  and 
- not be calculated on an ad valorem basis." 
Turkey, Georgia and Paraguay, TN/TF/W/146/Rev.1
 
 "Charges for transit shall be commensurate with the cost of the services rendered and be  equally  
applied irrespective of the country of origin, d estination or the nationality of the vehicle .  All 
charges and fees applied in transit regime shall be notified  to [the relevant WTO body-Trade 
Facilitation Committee]."  
 Requirements to Meet the Basic Standard
 
 Fees and charges imposed by the Member reflect th e approximate cost of the services provided by the 
relevant agency.  Relevant legislative and/or administrative arrangements include: 
 • Legislative and administrative arrangements that explicitly prohibit the co llection of any fees or 
charges that have not been publicly notified; 
 • Agency mechanisms to identify and capture relevant costs; 
 
• Prohibition of ad valorem  fees and charges; 
 • Consolidation of fees and charges, where practicable.  
   TN/TF/W/143/Rev.3
 Page 61F.1 DISCIPLINES ON FEES AND CHARGES IMPOSED ON OR IN CONNECTION WITH IMPORTATION AND EXPORTATION 
L.4(a) Publication of fees and charges – For transit; L.4.(b)  Peri odic review of fees and charges;  L.4.(c)  more effective di sciplines on charges for 
 transit – Reduction/Elimination 
Basic Standard: A Member shall ensure that fees and charges do not exceed the a pproximate costs of services rendered and are in direct connecti on with a 
specific importation, exportation or transit formality. 
 
COMPLY: Yes:        No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, trai ning, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail.  
(Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers  
 (Complete this column (and the next 
2). For points not compliant - use 
same numbering system - add sub-points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your situation to assist your negotiator and 
any other stakeholder that might 
review the results. (by agency where appropriate)  Specific to the proposal(s): 
 
Only imposed for services provided in direct connection.   
 
Not exceed the approximate cost of 
the service provided. 
 Not be calculated on an ad valorem basis.  Not be imposed on consular services.  
 
   
  
   
  TN/TF/W/143/Rev.3 
Page 62 Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, trai ning, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers  
 
(Complete this column (and the next 2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
Information published. 
 Not be collected if they have not been publicly notified.  
Specification of services.  
 
Adequate time period between 
publication and entry into force. 
 
Periodic review. 
 No duty / fees on transit.  Non-discrimination on application of fees. 
 
Priority for Technical Assistance:  High:        Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
 
 
Issues to note (any comments or re commendations for negotiators, etc.) :    
 
  TN/TF/W/143/Rev.3 
 Page 63 
 
 
  G. RELEASE  AND  CLEARANCE  OF GOODS 
G.1. Pre-arrival Processing 
 
General Description  
 
Pre-arrival processing allows traders to submit im port documentation and othe r required information 
to customs and other relevant border agencies prio r to the arrival of goods.  In cases where it is 
decided that neither further examination, physical  inspection nor any other submission is required, 
goods shall be released immediately upon arrival, pr ovided that duties and taxes are paid or provided 
that a guarantee sufficient to ensure such payment is posted.  
 
Basic Standard  
 A Member shall make provision for the lodging an d processing of clearance data and documentation 
prior to the arrival of the goods to allow for immediate release upon arrival of the goods, where 
possible. 
 Text of the Proposal(s)
 
 Hong Kong, China, Japan, Korea, Mongolia and Switzerland, TN/TF/W/117/Rev.1
 
 
"1. Pre-arrival Processing 
Members shall maintain or introduce pre-arriva l processing, which is defined as administrative 
procedures of customs and other relevant border agencies to accept and examine import documentation and other required information upon the submission by traders prior to the arrival of 
goods, in order to further expedite the clearance  of goods where appropriate.  In cases where it is 
decided that neither further examination, physical  inspection nor any other submission is required, 
goods shall be released immediately  upon arrival, provided that duties and taxes are paid or provided 
that a guarantee sufficient to ensure such payment is posted.   2. International Standards and Practices
22 
(b) Members recognize the need for using international standards and practices  as efficient 
means to facilitate trade. 
(c) Members shall, where applicable, draw on relevant international standards and practices 
as a basis for pre-arrival processing.  
3. Reservations 
Nothing in these provisions shall affect the right of Members to conduct examinations where 
necessary or to maintain appropriate border c ontrol with the use of risk management." 
 
                                                      
22 International standards and practices include Standard 3.25 of the Revised Kyoto Convention and 
WCO Guidelines for the immediate rel ease of consignments by Customs. TN/TF/W/143/Rev.3 
Page 64  
 
  Requirements to Meet the Basic Standard
 
 The Member has in place national legislation and/ or administrative arrangements which explicitly: 
 Allow traders to submit clearance data for processing prior to the arrival of the goods; 
 Allow traders to take delivery of their goods i mmediately upon arrival in situations where all 
regulatory requirements have been met and no fu rther verification or inspection is deemed 
necessary, consistent with intern ational standards and practices. 
  
   TN/TF/W/143/Rev.3
 Page 65G.1 PRE-ARRIVAL PROCESSING 
 
Basic Standard: A Member shall make provision for the lodging and processing of cl earance data and documentation prior to the arrival of the go ods to 
   allow for immediate release upon arrival of the goods, where possible. 
 
COMPLY: Yes:        No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 
(Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
 
(Complete this column (and the next 
2). For points not compliant - use 
same numbering system - add sub-points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your situation to assist your negotiator and any other stakeholder that might 
review the results. (by agency where 
appropriate)  Specific to the proposal(s): national legislation and/or 
administrative arrangements 
 1. Allow submission of  data  
prior to arrival of goods. 
2. Allow immediate release. 
3. International standards and 
practices. 
 .   
  
   
  TN/TF/W/143/Rev.3 
Page 66 Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
 
(Complete this column (and the next 2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
 
Priority for Technical Assistance:  High:        Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
  
Issues to note (any comments or re commendations for negotiators, etc.) :    
  TN/TF/W/143/Rev.3 
 Page 67 
 
 
  G.2 Separation of Release from Final Determination and Payment of Customs Duties, Taxes 
 and Fees 
 
General Description  
 
These proposals support a system whereby goods ma y be released from customs control and other 
border agencies before final payment of duties and ta xes is made, or resolution of issues is reached, 
utilizing guarantees such as a sureties,  bonds, or deposits, where necessary. 
 Basic Standard
 
 
A Member shall provide for conditions under wh ich an importer may remove goods from customs 
control prior to payment of the relevant duties and taxes and fees, when these are not determined at or 
prior to arrival.  
Text of the Proposal(s)
 
 Canada and Switzerland, TN/TF/W/136/Rev.2
 
 
"1. Each Member shall adopt or maintain  procedures authorizing an importer to remove goods 
from customs' control prior to the final determ ination and payment of customs duties, taxes and 
fees when these are not determined at or prior to arrival. 
2. A Member may request sufficient guarantee in the form of a surety, a deposit or some 
other appropriate instrument  for this purpose.  The guarantee shall be limited to an amount 
calculated to ensure compliance with a Member's requirements for customs duties, taxes and fees, 
and shall not represent an indirect protection to domestic products or a taxation  of imports for 
fiscal purposes.  Once the Member has determined th at these requirements have been satisfied, the 
guarantee for the goods shall be discharged without delay . 
3. A Member may detain and examine goods in a manner not otherwise inconsistent with the 
Member's WTO rights and obligations." 
Requirements to Meet the Basic Standard  
 
The Member has in place national legislation and administrative arrangements which specify 
conditions under which goods  may be released from customs control prior to payment of the relevant 
duties and taxes.  Such arrangements address the elem ents identified in the Text of the Proposal(s), 
including:  
• Circumstances under which goods may be released prior to payment of the relevant duties and 
taxes; 
 • Rules governing the guarantee system, including  acceptable forms of guarantee, the amount of 
such guarantee, and terms of reimbursement of guarantees.  
  TN/TF/W/143/Rev.3 
Page 68 G.2 SEPARATION OF RELEASE FROM FINAL DETERMINATION AND PAYMENT OF  CUSTOMS DUTIES, TAXES AND FEES 
 
Basic Standard: A Member shall provide for conditions unde r which goods may be released by Custom s and other border agencies  prior to  
   payment of the relevant duties and taxes. 
 
COMPLY: Yes:        No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 
(Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
 
(Complete this column (and the next 
2). For points not compliant - use 
same numbering system - add sub-points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your situation to assist your negotiator and any other stakeholder that might 
review the results. (by agency where 
appropriate)  Specific to the proposal(s):  
1. Remove goods from control 
prior to payment. 
2. Use of guarantees. 
3. Limited to an amount 
reasonably calculated to ensure 
compliance. 
4. That are discharged without 
delay once requirements have been satisfied. 
 
   
  
   
   TN/TF/W/143/Rev.3
 Page 69Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
 
(Complete this column (and the next 2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
 
Priority for Technical Assistance:  High:        Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
  
Issues to note (any comments or re commendations for negotiators, etc.) :    
 TN/TF/W/143/Rev.3 
Page 70  
 
  G.3 Risk Management/Analysis 
 
General Description
 
 In most countries the volume of international trade is growing so border officials have an increased 
work flow and at the same time are under increasing pressure to facilitate trade.  The best way to 
efficiently manage this situation is through the use of  risk management.  This means that a system is 
put in place to identify the risk factors of the goods  (and associated information, including the traders) 
that enter/leave/cross the country.  Goods that ar e considered high risk are closely examined while 
low risk goods can enter the country quickly with only a cursory look (with random in-depth 
inspections to verify that the system is working properly).  These WTO proposals seek to ensure the 
application of risk management principles to trade-related examinations and inspections.  
 Basic Standard
 
 
A Member shall conduct examinations and inspections  based on the application of risk management.  
 Text of the Proposal(s)
23 
 India, TN/TF/W/121
 
"A customs union shall generally apply a harmoni zed risk management system across the entire 
customs union".   
 Chinese Taipei, Korea and Switzerland, TN/TF/W/140
 
 "Members shall conduct documentary and physica l examination based on risk management
24 
for the purpose of concentrating on the examination of higher risk25 goods and facilitating the 
movement of lower risk goods.  In applying risk management techniques, Members shall examine imported goods based on 
appropriate selectivity criteria  in order to provide compliant traders with greater facilitation and 
expedited customs procedures. 
 
The selectivity criteria may include specific commod ity 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 . 
 
Members shall, where practicable, refer to relevant international standards and practices  including 
the revised Kyoto Convention and the WCO Risk Management Guideline as basis for its risk 
management procedures.  
Risk management procedures shall not be used as or have the effect of creating disguised 
discrimination and obstacles to trade.  
 
                                                     
 
23 Includes similar issues relating to transit in L.4(c). 
24 Defined as "the systematic application of mana gement procedures and practices providing customs 
and other relevant border agencies with the necessary in formation to address movements or consignments which 
present a risk." 
25 The proposal defines "risk" as "the potential for non-compliance with customs and/or other relevant 
laws."  TN/TF/W/143/Rev.3 
 Page 71 
 
 
  Risk management procedures shall be applied, to the extent  possible, to the relevant trade 
facilitation measures including prearrival pro cessing, postclearance audit, and authorized 
traders ." 
 China, TN/TF/W/148
 
 
"Members shall apply risk management26 techniques with the purpose to reduce, to the extent 
possible, physical inspections on goods .    
 
Members shall concentrate physical inspections on high  risk goods while expediting release of 
low risk goods  and providing facilitation to the compliant traders. 
 
(a) The application scope of risk management techniques includes but is not limited to 
the processes of customs supervision a nd control, post-clearance audit, tariff 
classification, valuation and analysis of customs statistics. 
(b) Appropriate criteria  to select traders to be eligible for different treatments shall be 
established accordingly. 
Selectivity of goods for physical inspections shall be in a manner of non-discrimination to avoid 
constitution of trade obstacles . 
 
Wherever practicable, the standards and instruments deve loped by relevant international 
organizations such as WCO  shall be applied." 
 
Requirements to Meet the Basic Standard  
 The Member has in place national legislation and/ or administrative arrangements which require the 
application of risk management principles based on re levant international standards and practices such 
as Chapter 6 of the General Annex to the WCO Revised Kyoto Convention and its associated 
Guidelines.  This includes clear evidence of:  • The development, use and regular review  of formal risk management plans; 
 
• The use of formal risk analysis methodologies to determine which pers ons, consignments and 
means of transport should be examined and the extent of such examination; 
 • Mechanisms and associated records that provi de the ability to determine why particular 
consignments have been, or are to be, selected for specific interventions; 
 
• Dedicated officials responsible for regular updates to keep risk profiles current. 
 
                                                     
 
26 Defined as "the systematic application of mana gement procedures and practices providing customs 
and other relevant border agencies with the necessary in formation to address movements or consignments which 
present a risk."     
  TN/TF/W/143/Rev.3 
Page 72 G.3 RISK MANAGEMENT/ANALYSIS  
 
Basic Standard: A Member shall conduct examinations and inspections  based on the application of risk management. 
 
COMPLY: Yes:        No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, trai ning, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers  
 
(Complete this column (and the next 2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your situation to assist your negotiator and any other stakeholder that might review the results. (by agency where 
appropriate) 
 Specific to the proposal(s):  1. Documentary and physical 
examination based on risk 
management.  
2. Use of appropriate selectivity 
criteria.  
3. Use of international standards 
and practices. 
4. Non-discriminatory and avoid 
trade obstacles. 
5. Applied to relevant trade 
facilitation measures i.e.; 
- Pre-arrival processing;   
  
   
   TN/TF/W/143/Rev.3
 Page 73Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, trai ning, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers  
 
(Complete this column (and the next 2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
- Post-clearance audit; 
- Authorized traders. 6. To reduce physical 
inspections – focus on high risk- 
expedite low risk goods. 
7. Scope (classification, value, 
etc.). 
 Priority for Technical Assistance:  High:     
   Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
 
 
Issues to note (any comments or re commendations for negotiators, etc.) :    
 TN/TF/W/143/Rev.3 
Page 74  
 
  G.4 Post-Clearance Audit 
 
General Description
 
 These proposals seek to facilitate trade through an increased use of post-clearance audit.  Post-
clearance audit is a method of compliance mana gement, whereby a customs administration may 
release the majority of consignments at the time of their arrival and conduct an audit of selected 
traders at a later time.  Audits are normally undert aken at importers premises where auditors can 
access all relevant records, employees, etc. to determine if information provided at time of 
importation is accurate. 
 
Basic Standard
 
 A Member shall provide for post clearance audit whereby goods may be released on arrival with 
compliance verification undertaken at a later time. 
 
Text of the Proposal(s)
 
 China, Indonesia and Korea, TN/TF/W/134 and Add.1
 
 
"Members shall carry out necessary PCA on  the account books, vouchers, commercial 
documents, customs declaration forms and oth er trade-related information maintained by 
enterprises involved directly or indirectly in the tr ansaction of international trade upon the risk 
analysis results.   
Members shall conduct PCA through methods of regular audit
27 and targeted audit28 to identify the 
risk and assess the compliance of traders. 
 The outcome of PCA shall be fed back timely to relevant Customs officers involved in clearance 
procedures to take further action.  The most co mpliant traders or low risk commodities shall be 
granted simplest and fastest clearance treatment by Customs .  
 
Members shall adopt the relevant i nternational standards and instruments  as a basis for 
PCA,
29where such standards and instruments exist." 
 
                                                      
27 Regular audit is performed periodically accord ing to auditing programs  set forth by Customs 
focusing on business system and routine operation and management situation. 
28 Targeted audit is performed on the selected tr aders and commodities with high risks resulting from 
the results of risk analysis and assessment. 
29 A relevant international standard is Standard 6.6 and 6.10 Chapter 6, General Annex of the Revised 
Kyoto Convention.  TN/TF/W/143/Rev.3 
 Page 75 
 
 
  Requirements to Meet the Basic Standard  
 The Member has in place national legislation and/ or administrative arrangements which provide for 
and utilize post-clearance audit as an accepted element of complianc e management.  This includes: 
 
• The use of company-focussed audits as well as transaction-based verifications; 
 • Competent audit staff; 
 • Legislation that clearly states the powers that can be exercised by those staff; 
 
• The creation of a compliance database to assist in identifying areas of potential risk, in which 
audit results are recorded and analysed; 
 • Record keeping requirements for traders. 
  
  TN/TF/W/143/Rev.3 
Page 76 G.4 POST-CLEARANCE AUDIT 
 
Basic Standard: A Member shall provide for post clearance audit whereby goods ma y be released on arrival with compliance verification undertake n at a 
later time. 
 
COMPLY: Yes:        No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, trai ning, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 
(Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers  
 
(Complete this column (and the next 
2). For points not compliant - use 
same numbering system - add sub-points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your situation to assist your negotiator and any other stakeholder that might 
review the results. (by agency where 
appropriate)  
Specific to the proposal(s): 1. Post clearance audit 
programme. 
2. Regular audit.  
3. Targeted audit.  
4. Results fed back to relevant 
offices.  
5. Use of international standards 
and instruments. 
 
   
  
   
   TN/TF/W/143/Rev.3
 Page 77Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, trai ning, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers  
 
(Complete this column (and the next 2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
 
Priority for Technical Assistance:  High:        Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
  
Issues to note (any comments or re commendations for negotiators, etc.) :    
 TN/TF/W/143/Rev.3 
Page 78  
 
  G.5 Establishment and Publication of Average Release and Clearance Times 
 
General Description
 
 These proposals seek to reduce release and clearance times by requiring members to calculate, 
publish, and endeavour to continuously reduce the average times for release and clearance of goods. 
 Basic Standard
 
 A Member shall establish and publish average release and clearance times, and shall seek to 
progressively reduce the time taken to release and clear goods. 
 Text of the Proposal(s)
 
 Korea and Japan, TN/TF/W/139/Rev.1 and Rev.1/Add.1
 
 
"Members shall measure and publish their own average time for the release of goods  in a 
consistent manner on a periodic basis , using tools such as the WCO Time Release Study .  
 Members shall endeavour to continuously reduce  such average release time. 
 
In case of a significant delay in the release of goods, Me mbers shall provide the traders who have 
made written requests with the reasons for the delay  except when such notification would impede 
the pursuance of legitimate policy objectives."  
Requirements to Meet the Basic Standard
 
 (a) The Member has in place arrangements whic h provide for the periodic measurement of 
 average clearance and release times for importe d and exported goods, in accordance with the 
 Text of the Proposal(s).  
(b) The Member publishes the results of such measurement on a periodic basis. 
  
   TN/TF/W/143/Rev.3
 Page 79G.5 ESTABLISHMENT AND PUBLICATION OF AVERAGE RELEASE AND CLEARANCE TIMES 
 
Basic Standard: A Member shall establish and publish average release and clearance times, and shall seek to progressively reduce the time taken  to 
release and clear goods. 
 
COMPLY: Yes:        No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, trai ning, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 
(Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers  
 
(Complete this column (and the next 
2). For points not compliant - use 
same numbering system - add sub-points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your situation to assist your negotiator and any other stakeholder that might 
review the results. (by agency where 
appropriate)  Specific to the proposal(s):  
1. Measure and publish average 
time for the release. 
2. Consistent manner. 
3. Periodic basis.  
4. Using tools such as the WCO 
Time Release Study.  
5. Continuously reduce. 
6. Reasons for significant delay. 
   
  
   
  TN/TF/W/143/Rev.3 
Page 80 Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, trai ning, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers  
 
(Complete this column (and the next 2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
 
Priority for Technical Assistance:  High:        Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
  
Issues to note (any comments or re commendations for negotiators, etc.) :    
  TN/TF/W/143/Rev.3 
 Page 81 
 
 
  G.6 Authorized Traders 
General Description  
 These proposals seek to ensure the introduction of simplified import and export formalities for traders with an appropriate record of compliance with import and export requirements, known as "authorized 
traders." 
 Basic Standard
 
 A Member shall provide for simplified import, export and transit formalities for traders who 
demonstrate a high level of compliance w ith trade-related la ws and regulations. 
 Text of the Proposal(s)
30 
 European Communities and Mongolia, TN/TF/W/109/Rev.1
 
 
"Authorized traders  
• 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, including SME's, which meet specific criteria related to compliance with 
customs requirements ("authorized traders"):  
 
• These specific criteria may include the follo wing:  (1) an appropriate record of 
compliance with customs requirements;  (2 ) a system of managing records to allow 
for necessary controls;  (3) financial so lvency (including, where appropriate, 
provision of a sufficient security/guarantee);  and/or (4) an appropriate system of 
security and safety standards.  
 
• The additional facilitation measures for su ch authorised traders shall include:  
 
(i) the possibility of periodic declarations and payment of duties ,  
(ii) reduced physical inspections  in all but exceptional circumstances,  
(iii) reduced documentary and data requirements as determined by domestic 
legislation, and  the right to submit for processing a single document 
covering all goods contained in a consignment,  and  
(iv) more rapid release time . 
• Additional facilitation measures may also include:  
 
(v) local clearance ,  
(vi) remote filing . 
• The specific criteria to qualify as an authorized  trader shall not be designed or applied so 
as to afford or create arbitrary or unjustifiabl e discrimination or a disguised restriction on 
international trade.  
                                                     
 
30 Includes similar issues relating to transit in L.4(c). TN/TF/W/143/Rev.3 
Page 82  
 
   
• Members shall use objective risk management techniques  in the assessment of any 
application for authorized trader status. 
• Members shall draw upon relevant international standards and instruments  as a basis 
for authorized trader schemes, where such st andards and instruments exist, except when 
they would be an inappropriate or ineffectiv e means for the fulfilment of the legitimate 
objectives pursued."   
India, TN/TF/W/121
 
 "Norms for authorized trader status shall be applied uniformly by all member states of a customs 
union ." 
 
Requirements to Meet the Basic Standard
 
 (a) The Member has in place national legislation and/or administrative arrangements which allow 
the application of simplified import, export and transit formalities for traders who meet 
specific criteria, providing in particular for mo re rapid release and clearance of consignments 
and a lower incidence of physical inspections; 
(b) Publication of the criteria.  
   TN/TF/W/143/Rev.3
 Page 83G.6 AUTHORIZED TRADERS 
 
Basic Standard: A Member shall provide for simplified import, export and trans it formalities for traders who demonstrate a high level of   
   compliance with trade-re lated laws and regulations. 
COMPLY: Yes:        No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
 
(Complete this column (and the next 2). For points not compliant - use 
same numbering system - add sub-
points as necessary)  What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your 
situation to assist your negotiator and any other stakeholder that might review the results. (by agency where appropriate) 
 
Specific to the proposal(s):  1. Simplified import and export 
formalities. 
2. Specific criteria. 
3. Periodic declarations and 
payment of duties 
4. Reduced physical 
inspections. 
5. Reduced documentary and 
data requirements. 
   
  
 
  
  TN/TF/W/143/Rev.3 
Page 84 Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
 
(Complete this column (and the next 2). For points not compliant - use 
same numbering system - add sub-
points as necessary)  What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
6. Single document covering 
all goods. 
7. More rapid release. 
8. Local clearance. 
9. Remote filing. 
10. Not designed or applied to 
be arbitrary or discriminate. not 
disguised restriction.  
11. Use objective risk 
management techniques. 
12. Use of international 
standards and instruments. 
13. Uniform application by all 
member states of a customs union. 
 
Priority for Technical Assistance:  High:        Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
  
Issues to note (any comments or re commendations for negotiators, etc.) :    
  TN/TF/W/143/Rev.3 
 Page 85 
 
 
  G.7  Expedited Shipments 
 
General Description  
These proposals recognize the time-sensitive nature of expedited shipments and seek to ensure 
expedited clearance arrangements for such consignm ents.  Expedited shipment provider is proposed 
as a person that maintains a high-degree of control over shipments, including tracking at every point 
during their conveyance, and maintains the capacity for the expedited shipment provider, sender and 
recipient to locate expedited shipments at any point in their conveyance and to obtain current 
information on the estimated delivery time of those shipments.  
Basic Standard
 
A Member shall provide expedited Customs clea rance procedures for expedited shipments from 
economic operators which m eet specific criteria. 
 Text of the Proposal(s)
 
 
United States, TN/TF/W/144/Rev.2  
"Customs Procedures for Expedited Shipments 
 1. Each Member shall adopt or maintain customs procedures allowing for expedited 
shipments  while maintaining customs control and selection.  These procedures shall: 
 
(a) Allow for the submission and processing, including through electronic means, of 
information necessary for the release of an expedited shipment prior to the 
arrival of the expedited shipment ; 
(b) Allow for the submission and processing, including through electronic means, of 
a single document covering all goods contained in an expedited shipment ; 
 (c) To the extent possible, provide for the release of expedited shipments based on 
the single document; 
 
(d) Provide for expedited shipments to be released under normal circumstances within 
3 hours after the necessary customs docu ments have been submitted, provided 
the shipment has arrived; 
 
(e) Apply to expedited shipments without regard to weight or customs value;   
 
(f) [Allow for the 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 instru ment, covering the ultimate payment of the 
customs duties, taxes, and fees in connec tion with the importation of the expedited 
shipment];
31  and 
 
(g) Provide for a de minimis procedure  under which customs duties and taxes will not  
be assessed on an expedited shipment  valued under a specified value.  
                                                      
31 Note to the reader:  This language may be dropped from the proposed article should it be adequately 
addressed in the context of the proposal on  release and clearance (TN/TF/W/136/Rev.1). TN/TF/W/143/Rev.3 
Page 86  
 
  2. A Member may require that an expedited shipment provider shall, as a condition for the 
application of the procedures described in paragraph 1 to its expedited shipments:  
 
(c) Provide adequate infrastructure  to allow for the processing of the expedited 
shipment; 
(d) Submit specified information from the single document in advance of the arrival  
of an expedited shipment;  and 
 
(e) be assessed fees limited in amount to th e approximate cost of services rendered  in 
providing the  customs procedures in paragraph 1. 
 
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.  
Definitions
 
 "Expedited shipments"  means goods designated as such by an expedited shipment provider.   
 "Expedited shipment provider"  means a person that: 
 
 (a) Maintains a high-degree of control over expedited shipments through the use of 
internal security, logistics, and tracking technology; 
  (b) Tracks and controls expedited shipments at  every point during their conveyance;  and  
 
 (c) Maintains the capacity for the expedited shipment provider, sender and recipient to 
locate expedited shipments at any point in  their conveyance and to obtain current 
information on the estimated delivery time of those shipments. 
 "Single document" means a consolidated document or r ecord (including in electronic form)  issued by 
an expedited shipment provider which contains the following identifying information about each of 
the goods being shipped: 
 (1)  The country of origin of the goods, if known;  (2)  The shipper's name and address;  (3)  The ultimate consignee's name and address;  
(4)  A specific description of the goods;  
(5)  The quantity of the goods;  (6)  The shipping weight; (7)  The value of the goods;  and (8)  An identifier or tracking number unique to a particular expedited shipment."  
Requirements to Meet the Basic Standard
 
  Member may require from e xpedited shipment operators: 
 • Adequate infrastructure; 
• Prior submission of the single document; 
• Fees that reflect the cost of services rendered.   
   TN/TF/W/143/Rev.3
 Page 87G.7  EXPEDITED SHIPMENTS 
 
Basic Standard: A Member shall provide expedited clearance procedures for expe dited shipments from economic operators which meet specific  
   criteria.  
COMPLY: Yes:     
   No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 
(Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
 
General Description:  provide background information of your situation to assist your negotiator and 
any other stakeholder that might 
review the results. (by agency where appropriate)  Specific to the proposal(s): 
 
1. Procedures for expedited 
shipments. 
2. Through electronic means. 
3. Single document. 
4. Within 3 hours. 
5. Without regard to weight or 
customs value. 
6. Release before and without 
prejudice to the final determination. of duties, taxes, fees.   
  
   
  TN/TF/W/143/Rev.3 
Page 88 Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
7. Guarantee system. 
8. De minimis procedures. 
9. Adequate infrastructure. 
10. Allow submission of 
information from single document in 
advance. 
11. Fees limited in amount to the 
approximate cost of services rendered. 
 
Priority for Technical Assistance:  High:        Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
 
 
Issues to note (any comments or re commendations for negotiators, etc.) :    
 
  TN/TF/W/143/Rev.3 
 Page 89 
 
 
  H. CONSULARIZATION 
H.1 Prohibition of Consular Transaction Requirement 
 
General Description  
 
This proposal defines consularization as the pro cedure of obtaining from a consul of the importing 
Member in the territory of the exporting Member, or  in the territory of a third party, a consular 
invoice or a consular visa for a commercial invoice , certificate of origin, manifest, shippers' export 
declaration, or any other customs documentation in connection with the importation of the good.     
 
This practice can be time consuming and expensive and often represents a hindrance to trade.  These 
proposals seek to prohibit the practice.  Basic Standard
 
 
A Member shall not impose any requirement for a consular transaction(s)  in connection with the 
importation of any goods.  Text of the Proposal(s)
 
 (Uganda and the United States, TN/TF/W/104
 
 
"A Member shall not require a consular transaction32, including any related fee or charge, in  
connection with the importation of any good." 
 
Requirements to Meet the Basic Standard  
 
The Member has no legislative or administrative requirement for consularization. 
                                                      
32 Defined as "the procedure of obtaining from a consul of the importing Member in the territory of the 
exporting Member, or in the territory of a third party, a consular invoice or a consular visa for a commercial 
invoice, certificate of origin, manifest, shippers' export declaration, or any other customs documentation in connection with the importation of the good."    
  TN/TF/W/143/Rev.3 
Page 90  
 H.1  PROHIBITION OF CONSULAR TRANSACTION REQUIREMENT  
 
Basic Standard: A Member shall not impose any requirement for a consular tr ansaction(s) in connection with the importation of any goods. 
 
COMPLY: Yes:     
   No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail.  
(Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your situation to assist your negotiator and 
any other stakeholder that might 
review the results. (by agency where appropriate)  Specific to the proposal(s): 
 
No requirement for a consular transaction(s).  No fee or charge. 
   
  
  
 Priority for Technical Assistance:  High:     
   Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
  
   TN/TF/W/143/Rev.3
 Page 91Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
 
 
Issues to note (any comments or re commendations for negotiators, etc.) :    
 
 TN/TF/W/143/Rev.3 
Page 92  
 
  I. BORDER
 AGENCY  COORDINATION 
I.1 Coordination of Activities and Requirements of all Border Agencies 
 
General Description  
 
These proposals include two different areas of coopera tion:  1) internal agency coordination and 2) 
cross-border coordination.  Where several national regulatory agencies are directly involved in the clearance of goods, this could result in the impositi on of multiple internal  formalities and physical 
interventions which are an impediment to trade.   These proposals seek coordination of relevant 
internal agencies.  Additionally, on land borders, traders are often faced with different clearance 
processes and customs facilities on each side of the border.  These proposals seek to improve 
coordination between the border authorities of neighb oring countries in order to reduce the procedures 
required and time taken to clear goods across the frontier.  Basic Standard
 
 
A Member shall ensure that its authorities and agencies involved in border and other import and 
export controls cooperate a nd coordinate in order to facilitate tr ade both internally and cross-borders. 
 Text of the Proposal(s)
  
 
Canada and Norway, TN/TF/W/128/Rev.2  
 "1.  A Member shall ensure that its authorities and agencies involved in border and other 
import and export controls coopera te and coordinate their procedures  in order to facilitate trade. 
2. (a) A Member shall, to the extent possible, cooperate with bordering Members and 
coordinate customs 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 common facilities; 
 
• Provision of expedited processes for goods in transit such as a single 
channel; 
 
• Development of procedures for exchange of non-confidential 
information
33." 
 
                                                      
33 Subject to further negotiations on how a Trade Facilitation Agreement will coexist in relationship to 
GATT Article X.  TN/TF/W/143/Rev.3 
 Page 93 
 
 
  L.8(a) Improved Coordination and Cooperation- for transit 
(c) Amongst Authorities 
The Former Yugoslav Republic of Macedonia, th e Republic of Moldova, Rwanda, Switzerland and 
Swaziland, TN/TF/W/133/Rev.2/Corr.1  
 
"Amongst authorities:  Members shall ensure cooperation and coordination between all concerned  
authorities and agencies in their territory to facilita te traffic in transit.  Members shall ensure 
cooperation with other Members on issues of traffic in transit, including with regard to 
standardizing transit formalities and documentat ion requirements, coordinating operations of 
border crossings and mutual recognition of authorized trader  schemes .  To this end, 
neighbouring Members shall, as far as necessary, meet periodically to discuss and come to an 
understanding on the fees and charges, formaliti es, legal requirements and practical operation 
of transit regimes relating to goods moving in transit between them34." 
 Requirements to Meet the Basic Standard
 
 
The Member has in place national legislation and/or administrative arrangements which: 
 • Specify standardized data and documentation requirements for importation, exportation and 
transit; 
• Provide importers and exporters with a single poi nt of lodgement, whether electronic or manual; 
• Establish coordinated inspection a rrangements and site for cargo that is selected for inspection, to 
eliminate duplication and ensure that inspections  are carried out at the same time, wherever 
possible. 
 The Member has in place national legislation or  administrative arrangements which establish 
measures to regulate the functioning of coordinate d border controls including, but not limited to: 
 • Alignment and coordination of  procedures and formalities; 
• Correlation of the business hours and competence of those offices; 
• Development and operation of common facilities; 
• Management system outlining the role and responsibilities of each agency; 
• Agreement and procedures to exchange information; 
• Harmonization of risk analysis, where practicable. 
                                                     
 
34 Note to the reader: this paragraph may be dropped at  a later stage if the issue is properly covered in 
another Article of the Agreement.  
  TN/TF/W/143/Rev.3 
Page 94 I.1  COORDINATION OF ACTIVITIES AND REQUIREMENTS OF ALL BORDER AGENCIES  
L.8(a)    IMPROVED COORDINATION AND COOPERATION- FOR TRANSIT 
 
Basic Standard: A Member shall ensure that its authorities and agencies involve d in border and other import and export controls cooperate and c oordinate 
in order to facilitate trade bot h internally and cross-borders. 
 
COMPLY: Yes:        No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail.  
(Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your situation to assist your negotiator and 
any other stakeholder that might 
review the results. (by agency where appropriate)  Specific to the proposal(s): 
Internal Agency Cooperation 
 1. Internal agency cooperation. 
2. Internal agency cooperation 
on transit issues. 
Cross Border Cooperation 
 1. Cooperate with bordering 
Members and coordinate customs 
procedures at border crossings in 
order to facilitate trade.   
  
   
   TN/TF/W/143/Rev.3
 Page 95Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
2. Alignment of procedures and 
formalities including working days and hours. 
3. Development and sharing of 
common facilities. 
4. Provision of expedited 
processes for goods in transit such as a single channel. 
5. Development of procedures 
for exchange of non-confidential information. 
6. Standardize transit 
formalities and documentation requirements. 
7. Coordinate transit operations 
of border crossings.  
8. Mutual recognition of 
authorized trader schemes. 
9. Periodic meetings to discuss 
transits requirements including fees. 
 
 
Priority for Technical Assistance:  High:        Medium:        Low:        None:         Comments:     
  
  TN/TF/W/143/Rev.3 
Page 96 Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
 
 
Issues to note (any comments or re commendations for negotiators, etc.) :    
  TN/TF/W/143/Rev.3 
 Page 97 
 
 
  J. FORMALITIES  CONNECTED  WITH  IMPORTATION  AND  EXPORTATION 
J.1 Periodic Review of Formalities and Requirements;   
 
General Description  
 
Basic Standard  
 A Member shall regularly review its formalities a nd requirements to take into account new practices 
and technologies.  
Text of the Proposal(s)
 
 Hong Kong, China and Switzerland, TN/TF/W/124/Rev.2
 
 
"Each Member shall review its formalities and requirements at reasonable and regular intervals, 
taking into account relevant new information and business practices, availability and adoption 
of techniques and technology, international b est practices and input from interested parties35."  
Requirements to Meet the Basic Standard  
 (a) The Member has established administrative review  mechanisms within relevant agencies to 
take into account new trends and technolog ies, to assess possibilities for updating and 
improvement of formalities and doc uments to facilitate trade; 
(b) Stakeholder consultation arrangements are in ope ration which enable interested parties to 
provide input to the review process. 
                                                     
 
35 This self-initiated review shall not affect Memb ers' rights and obligations under paragraph 2 of 
Article VIII of GATT 1994.  
  TN/TF/W/143/Rev.3 
Page 98 J.1  PERIODIC REVIEW OF FORMALITIES AND REQUIREMENTS;  
 
Basic Standard: A Member shall regularly review its formalities and requireme nts to take into account ne w practices and technologies. 
 
COMPLY: Yes:        No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your situation to assist your negotiator and any other stakeholder that might review the results. (by agency where 
appropriate) 
 Specific to the proposal(s):  1. Review formalities and 
requirements at reasonable and 
regular intervals. 
2. Take into account new 
practices, techniques, technologies, best practices.  
3. Participation of all interested 
parties. 
 
    
  
   
   TN/TF/W/143/Rev.3
 Page 99Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
 
Priority for Technical Assistance:  High:        Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
  
Issues to note (any comments or re commendations for negotiators, etc.) :    
 TN/TF/W/143/Rev.3 
Page 100  
 
  J.2 Reduction/Limitation of Formalit ies and Documentation Requirements 
 
General Description
 
 These proposals seek to ensure the ongoing appropri ateness of trade-related formalities and document 
requirements through periodic review.  The objective is to ensure that th ey are reduced to the 
minimum required to ensure compliance with legitimate policy objectives and that document 
requirements are simplified, harmonized and aligned with international standards. 
 Basic Standard
 
 
A Member shall periodically review its import and export formalities and requirements with a view to 
reduce, simplify, harmonize and to ensure that th ey are appropriate and are not maintained once the 
circumstances or objectives giving rise to their adoption no longer exist.  
Text of the Proposal(s)
36 
 Hong Kong, China and Switzerland, TN/TF/W/124/Rev.2
 
 "Members shall minimize the incidence and complexity  of import and export formalities  and 
decrease and simplify import and export documentation requirements .  In doing so, Members 
shall consider whether alternative formalities and requirements that can achieve the legitimate  
objectives are reasonably available , and adopt those formalities and requirements which are  
significantly less trade restrictive .  Members shall ensure that th e formalities and requirements are 
applied in an efficient manner so as not to constitute an unnecessary obstacle to trade .   
 
Any such formalities or requirements shall not be maintained if the circumstances or objectives 
giving rise to their adoption no longer exist ."  
 Mongolia, Norway and Switzerland, TN/TF/W/130/Rev.1
 
 "Recognizing the need to minimize the incident an d the complexity of trade documents, Members 
shall ensure that:  
 
1. Documentation requirements are no more administratively burdensome or trade 
restrictive than necessary to achi eve their legitimate objectives ;  and  
 2. The following is aligned with international tr ade facilitation standards and 
recommendations as set out in paragraphs 2(i) to (iii): 
(i) National trade document formats with the UN-Layout Key or its future 
updated electronic counterparts in accordance with the Customs Co-
operation Council Recommendations on the matter; 
(ii) National data elements in trade documents with the UN Trade Data 
Elements Directory (UNTDED) and future updated versions in 
accordance with the Customs Co-o peration Council Recommendations 
on the matter;  and 
                                                     
 
36 Includes matters relating to goods in transit identified in L.3 (c) and L.4.  TN/TF/W/143/Rev.3 
 Page 101 
 
 
  Electronic messages to be interchanged and inter-operated between Customs 
administrations and between Customs administrations and other trade operators with internationally widely  accepted standards for electronic 
information exchange."  
L.5(b) Periodic Review- for transit 
The Former Yugoslav Republic of Macedonia, th e Republic of Moldova, Rwanda, Switzerland and 
Swaziland, TN/TF/W/133/Rev.2/Corr.1  
 "Periodic review:  Each Member shall periodically review its transit formalities  and 
documentation  requirements to ensure that they are in line with WTO commitments  and with a 
view to consolidating them and reducing their impact on trade .  Such reviews shall allow for the 
participation of all interested parties and, as  appropriate, may be held at a regional or 
international  level." 
 
Requirements to Meet the Basic Standard
 
 
(a) The Member has established administrative review mechanisms within relevant 
agencies to ensure the ongoing appropri ateness of formalities and documentation 
requirements, to assess  possibilities for reduction of formalities and documents to the minimum necessary for the  assessment and collection of duties and taxes, the compilation of trade statistics and the  achievement of other legitimate policy 
objectives, and to align documents  to international standards; 
(b) Stakeholder consultation arrangements are in operation which enable interested 
parties to provide input to the review process; 
(c) Regional consultation arrangements are in operation which enable government 
agencies and other interested parties to provide input to the review process. 
  
  TN/TF/W/143/Rev.3 
Page 102 J.2  REDUCTION/LIMITATION OF FORMALITIES AND DOCUMENTATION REQUIREMENTS; L.5 (b )PERIODIC REVIEW- FOR 
 TRANSIT 
Basic Standard: A Member shall periodically review its import and export formaliti es and requirements with a view to reduce, simplify, harmoniz e 
   and to ensure that they are appropriate and are not main tained once the circumstances or objectives giving rise to their ado ption no 
   longer exist.    
 
COMPLY: Yes:        No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail.  
(Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your situation to assist your negotiator and 
any other stakeholder that might 
review the results. (by agency where appropriate)  Specific to the proposal(s): 
 
1. Minimize the incidence and 
complexity of formalities. 
2. Decrease and simplify 
documentation. 
3. Consider alternatives. 
4. Adopt formalities and 
requirements which are significantly less trade restrictive. 
   
  
   
   TN/TF/W/143/Rev.3
 Page 103Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
5. Applied in an efficient 
manner so as not to constitute an unnecessary obstacle to trade. 
6. Shall not be maintained if 
the circumstances or objectives 
giving rise to their adoption. 
7. Shall not be maintained if 
the circumstances or objectives giving rise to their adoption no longer exist. 
8. No more administratively 
burdensome or trade restrictive than 
necessary. 
9. Aligned with international  
standards and recommendations. 
10. UN-Layout Key. 
11. UN Trade Data Elements 
Directory. 
12. Use of electronic messages. 
13. Consolidating and reducing  
impact of transit formalities on trade. 
14. Review transit formalities to 
ensure in line with WTO requirement. 
  
  TN/TF/W/143/Rev.3 
Page 104 Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
15. Participation of all interested 
parties to transit issues- regionally or internationally. 
 
 
Priority for Technical Assistance:  High:        Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure : 
 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
 
 
Issues to note (any comments or re commendations for negotiators, etc.) :    
  TN/TF/W/143/Rev.3 
 Page 105 
 
 
  J.3 Use of International Standards 
 
General Description  
 These proposals seek to simplify trade procedur es and enhance trade facilitation by requiring 
formalities and procedures to conform to international standards. 
 Basic Standard
 
 A Member shall use relevant international standard s as the basis for their import, export and transit 
procedures. 
 Text of the Proposal(s)
 
 Mongolia, Norway, South Africa and Switzerland, TN/TF/W/131/Rev.1
 
"Article [Use of International Standards] 
1. Members shall use relevant international standards or  parts thereof as a basis for their 
laws, regulations and administrative procedures that lay down requirements for formalities and 
procedures in connection with impo rtation, exportation or transit . 
2. If regional standards are a more efficient me ans to facilitate international trade, 
Members of that region are encouraged to use them or relevant parts thereof  as a basis for their 
laws, regulations and administrative pr ocedures as provided for in paragraph 1.37 
3. Members are not required to use relevant inte rnational standards or relevant parts thereof 
which would pose fundamental technological problems  in a Member, or where they would be an 
ineffective or inappropriate means for the fu lfilment of the objectives of this Agreement. 
4. With a view to facilitating internati onal trade, Members are encouraged to take part, within 
the limits of their resources, in the preparation and periodic review by appropriate international intergovernmental organization of standards relevant to the operation of this 
Agreement.  
5. For the purposes of this Agreement, the term  "international standards" shall be understood to 
refer to International Conventions  or Agreements related to f acilitating international trade and 
administered by relevant international intergovernme ntal organizations, [inter alia]:  World Customs 
Organization (WCO) and United Nations Organisations  Centre for Trade Facilitation and Electronic 
Business. As appropriate, the list of relevant inte rnational organizations may be complemented by 
other relevant international organizations as identified by the Trade Facilitation Committee. 
[5. Alternative:  For the purposes of this Agreement, the term "international standards" shall be 
understood to refer to Internati onal Conventions or Agreements re lated to facilitating international 
trade and administered by relevant international intergovernmental organizations:  World Customs 
Organization (WCO), United Nations Organisations  Centre for Trade Facilitation and Electronic 
Business, International Maritime Organisation (IM O) and International Civil Aviation Organisation 
(ICAO).  In particular, the following conventions shall apply:  Convention (2005) on Facilitation of 
International Maritime Traffic, Convention (2006) on  International Civil Aviation, Convention (1990) 
on the Temporary Admission of Goods (Istanbul Conv ention), International Convention (1986) on the 
                                                     
 
37 In this case, these regional standards prevail over the relevant international standards as provided for 
in paragraph 1. TN/TF/W/143/Rev.3 
Page 106  
 
  Harmonized Commodity Description and Coding Sy stem (HS Convention), General Annex of the 
International Convention (1999) on the Simplifi cation and Harmonisation of Customs procedures 
(Revised Kyoto Convention).  As appropriate, the lis ts of relevant interna tional organizations and 
conventions may be complemented  as iden tified by the Trade Facilitation Committee]." 
Requirements to Meet the Basic Standard
 
 
(a) The Member has adopted and aligned releva nt procedures and formalities to relevant 
international standards, in cluding but not limited to: 
• WCO Revised Kyoto Convention; 
• WTO Customs Valuation Agreement; 
• WCO Harmonized System Convention; 
• WCO Istanbul Convention; 
• UNEDIFACT and UN Layout Key for trade documents. 
 
(b) A Member reviews trade related formalities and procedures to verify compliance with 
international norms adopted by the country; 
(c) Where possible, a Member takes part in preparation and periodic review of standards 
through the relevant inte rnational organizations.  
   TN/TF/W/143/Rev.3
 Page 107J.3 USE OF INTERNATIONAL STANDARDS 
 
Basic Standard: A Member shall use relevant international standards as the basis for their import, export and transit procedures. 
 
COMPLY: Yes:        No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your situation to assist your negotiator and any other stakeholder that might review the results. (by agency where 
appropriate) 
 Specific to the proposal(s):  1. Use international standards 
as basis for laws, regulations and 
administrative procedures. 
2. Use of regional standards. 
3. Take part in the preparation 
and periodic review by 
organizations.    
  
   
  TN/TF/W/143/Rev.3 
Page 108 Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use same numbering system - add sub-
points as necessary) Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) 
 
Priority for Technical Assistance:  High:        Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
  
Issues to note (any comments or re commendations for negotiators, etc.) :    
  TN/TF/W/143/Rev.3 
 Page 109 
 
 
  J.4 Acceptance of Commercially Avai lable Information and of Copies 
 
General Description  
 These proposals recognize that the international trading community generates its own commercial 
trade-related documentation, and seeks to ensure th at authorities use such information the greatest 
extent possible for the purposes of fulfilling their regul atory responsibilities.  In the same context, the 
proposals also seek to achieve acceptance of copies of releva nt documents by authorities. 
 Basic Standard
 
 
For the purposes of facilitating trade, a Member shall accept relevant information already available in 
the context of commercial transactions, and copies of relevant documents, wherever practicable. 
 Text of the Proposal(s)
 
 
Hong Kong, China, Korea and Switzerland, TN/TF/W/112  
 "Customs and other border agencies  shall require only those documents necessary to permit 
control of the operation and to ensure that al l requirements relating to the application of 
relevant laws have been complied with.  
 For goods subject to control of legislation confor mity and documentation requirement, customs and 
other border agencies shall endeavour to accept copies of documents , in particular (a) commercial 
documents (invoices, bills of lading, etc.);  and (b) where a government agency already holds the 
original and multiple authorities are involved.   In the case of (b), Members shall accept 
authenticated copies by the agency holding the original in lieu of the original document.  
Customs and other border agencies shall endeavour to use relevant information already available in 
the context of commercial transactions (e.g., qua ntity and commercial description of the goods) 
and submitted to customs and other border ag encies as a means of foregoing the relevant 
information in supporting documents. 
 
In cases where Goods declar ations and other supporting documents are lodged electronically and 
authenticated by electronic signatures or elect ronic procedures and received by customs and 
other border agencies, no other original of these documents shall be requested  by customs and 
other border agencies.  
 
Customs and other border agencies shall endeavour to allow supporting documents not to be 
presented provided they are held available by the declarant, requisite information is provided 
by the declarant about the documents, and the do cuments are available from the declarant for a 
specific period.  
 Customs and other border agencies shall not require a translation of the particulars of supporting 
documents (e.g., invoices, bills of lading) , except when necessary to permit processing of the Goods 
declaration."  TN/TF/W/143/Rev.3 
Page 110  
 
  Requirements to Meet the Basic Standard
 
 
(a) Where information is already available in  commercial documentation that has been 
submitted to customs and other border ag encies (e.g., quantity and commercial 
description of the goods), the relevant authorities rely on that information for the 
purposes of fulfilling their responsibilities, and do not require the same information to 
be submitted in another form. 
(b) Legislation in place providing for legal reco rd keeping of documents for a specified 
period by traders.   
   TN/TF/W/143/Rev.3
 Page 111J.4 ACCEPTANCE OF COMMERCIALLY A VAILABLE INFORMATION AND OF COPIES 
 
Basic Standard: For the purposes of facilitating trade, a Member shall use releva nt information already available in the context of commercial 
transactions, and copies of relevant  documents, wherever practicable. 
 
COMPLY: Yes:        No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 
(Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your situation to assist your negotiator and any other stakeholder that might 
review the results. (by agency where 
appropriate)  Specific to the proposal(s):  
1. Require only those 
documents necessary. 
2. Accept copies. 
3. use relevant information 
already available. 
4. No requirement for original 
of electronic documents. 
5. No need to present 
supporting documents. 
No translation required for 
supporting documents   
  
   
  TN/TF/W/143/Rev.3 
Page 112 Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
 
Priority for Technical Assistance:  High:        Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
  
Issues to note (any comments or re commendations for negotiators, etc.) :    
  TN/TF/W/143/Rev.3 
 Page 113 
 
 
  J.5 Single Window/One-time Submission 
 
General Description  
 These proposals seek to facilitate trade by introduc ing the use of a "single window" for submitting, 
once only and to a single authority, all documentatio n and data relating to import, export and transit 
procedures.  This authority should undertake onward di stribution of this information to all the relevant 
authorities or agencies.    Basic Standard
 
 
A Member shall establish a system that allows traders to submit import, export  and transit documentation and data (including electronic versions) once only, to a single agency.   Text of the Proposal(s)
 
 
Korea, Singapore and Thailand, TN/TF/W/138/Rev.2  
 
"Members shall maintain or establish the "single window"38, where documentation and/or data 
requirements for exportation, importation and transit are submitted one time only .  The single 
window shall undertake onward distribution of the aforemen tioned documentation and/or data 
requirements to all the relevant authorities or agencies which require them .  The authorities or 
agencies that receive the documentation and/or da ta requirements through the single window shall 
notify the results of their examinations to  the applicants through the single window  in a timely 
manner. 
 In cases where documentation and/or data requirement s have already been received by the 
single window, the same documentation and/or data requirements shall not be requested by 
other authorities or agencies except in urgent circumstances and other limited exceptions  which 
are made public. 
 
Members shall notify  other Members through the WTO Secretariat of the details of operation of the 
single window, which may include the participatin g authorities and agencies, the functions of the 
single window, the contact point for the single window as well as the procedure of its usage. 
 
Members are encouraged to use, to the extent possible , information technology  to support the single 
window. Members shall, where practicable, use relevant international standards and practices  such as 
UN/CEFACT Recommendation No. 33 as a basis for the single window schemes. 
 With regard to the scope of participating aut horities or agencies and documentation and/or data 
requirements, Members are allowed to implemen t the single window in a progressive manner taking 
into account each Member's implementation capacity." 
 
                                                     
 
38 A single window is defined as a facility that allo ws parties involved in trade and transport to lodge 
standardized documentation and /or data with a single entry point to fulfil all import, export, and transit-related 
regulatory requirements.  (UN/CEFACT Recommendation No. 33) TN/TF/W/143/Rev.3 
Page 114  
 
  Requirements to Meet the Basic Standard
 
 The Member:  • Has notified single window contact information through the WTO Secretariat; 
 
• Has designated single window sites/locations/systems; 
 • Has established inter-agency coordination arrangements; 
 
• Has rationalized all relevant agency documentary/data requirements.  
   TN/TF/W/143/Rev.3
 Page 115J.5 SINGLE WINDOW/ONE- TIME SUBMISSION 
 
Basic Standard:        A Member shall establish a system that allows traders to s ubmit import, export and transit doc umentation and data (including el ectronic 
  versions) once only, to a single agency.  
 
COMPLY: Yes:        No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 
(Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your situation to assist your negotiator and any other stakeholder that might 
review the results. (by agency where 
appropriate)  Specific to the proposal(s):  
1. Document/date submitted 
one time only. 
2. Onward distribution by 
single window. 
3. Notify the results. 
4. Timely manner. 
5. Documentation/data 
received shall not be requested by other agencies. 
6. Notify.   
  
   
  TN/TF/W/143/Rev.3 
Page 116 Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
7. Use of information 
technology. 
8. Use of relevant international 
standards and practices. 
 
Priority for Technical Assistance:  High:        Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
 
 
Issues to note (any comments or re commendations for negotiators, etc.) :    
  TN/TF/W/143/Rev.3 
 Page 117 
 
 
  J.6 Elimination of Pre-Shipment Inspection 
 
General Description  
 These proposals seek to eliminate the mandatory use of pre-shipment inspection (PSI) or related 
practices which are considered to be redundant if customs and other relevant authorities are 
performing their roles effectively.  These proposals a pply only to the use of PSI when required by a 
government.  They do NOT propose to eliminate the u se of PSI companies at the initiative of private 
companies (for example to verify that their goods meet the import standards).   
Basic Standard
 
 A Member shall not have any legislative or admini strative requirement for the mandatory use of pre-
shipment inspections or their equivalent.  
Text of the Proposal(s)
 
 European Communities and Chinese Taipei, TN/TF/W/108
 
 "1. Without prejudice to paragraphs 2 and 3, Memb ers shall not require the use of pre-shipment 
inspections or their equivalent. 
2. Developing-country Members shall elimin ate any requirements to use pre-shipment 
inspections or their equivalent not later than [X] y ears from the entry into force of this commitment.  
3. Least-developed country Members shall elim inate any requirements to use pre-shipment 
inspections or their equivalent not later than [Y] y ears from the entry into force of this commitment.  
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.  
5. During the transition periods in paragraphs 2 and 3, Members shall ensure that pre-shipment 
inspection companies or their equivalent, acting on thei r behalf or employed by them, act consistently 
with the relevant commitments of Members, including in the field of Trade Facilitation".   
Requirements to Meet the Basic Standard
 
 
The Member has no legislative or administrative requirement for the use of pre-shipment inspections 
or their equivalent.    
  
  TN/TF/W/143/Rev.3 
Page 118 J.6 ELIMINATION OF PRE-SHIPMENT INSPECTION 
 
Basic Standard: A Member shall not have any legislative or administrative require ment for the use of pre-shipment inspections or their equivale nt. 
 
COMPLY: Yes:        No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your situation to assist your negotiator and any other stakeholder that might review the results. (by agency where 
appropriate) 
 Specific to the proposal(s):  1. No requirement to use of PSI 
or their equivalent. 
2. Eliminate any requirements 
to use PSI or their equivalent. 
3. Act consistently with the 
relevant commitments of Members.   
  
  
 
Priority for Technical Assistance:  High:        Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
  
   TN/TF/W/143/Rev.3
 Page 119Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
 
 
Issues to note (any comments or re commendations for negotiators, etc.) :    
 
 TN/TF/W/143/Rev.3 
Page 120  
 
  J.7 Use of Customs Brokers 
 
General Description
 
 These proposals seek to eliminate th e mandatory requirement to use customs brokers, on the basis that 
traders should not be obliged to use customs brokers if they wish to deal directly with Customs. 
 Basic Standard
 
 Where a Member requires the compulsory use of cu stoms brokers, this Member shall ensure that 
licensing requirements and procedures are transparent and proportionate. 
 Text of the Proposal(s)
 
 European Communities, Mongolia, Chinese Taipei and Switzerland, TN/TF/W/110/Rev.1
 
 
"1. Where a Member requires the compulsory use of customs brokers, this Member shall ensure 
that licensing requirements and procedures are transparent and proportionate. 
2. All qualified economic operators , subject to the licensing require ments in paragraph 1, shall 
be eligible for a license.  In the case of legal persons, they may operate with their own in-house 
customs brokers, licensed by the relevant  authorit y for this purpose in accordance with paragraph 1 
above. 
3. The number of licenses shall be unlimited. 4. From the entry into force of this commitme nt, Members not requiring the compulsory use of 
customs brokers shall not introduce or apply any new requirements to use customs brokers." 
Requirements to Meet the Basic Standard
 
 
(a) (The Member has no legislative or administ rative requirement for the mandatory use of 
customs brokers; 
(b) Where legislative and/or administrative rules recognize the use of customs brokers' services: 
• The use of such services is discretionary; 
• Traders are not discriminated against on th e basis of their choice to employ the 
 services of a customs broker, or to deal directly with the relevant authorities; 
• Any licensing rules are transparent, non-discriminatory and proportionate.  
   TN/TF/W/143/Rev.3
 Page 121J.7 USE OF CUSTOMS BROKERS 
 
Basic Standard: Where a Member requires the compulsory use of customs brokers, th is Member shall ensure that licensing requirements and procedu res 
   are transparent and proportionate. 
 
COMPLY: Yes:        No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 
(Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your situation to assist your negotiator and any other stakeholder that might 
review the results. (by agency where 
appropriate)  Specific to the proposal(s):  
1. Licensing requirements and 
procedures are transparent and proportionate. 
2. All qualified economic 
operators shall be eligible for 
license. 
3. Allow use of in-house 
customs brokers. 
4. Number of licenses shall be 
unlimited. 
   
  
   
  TN/TF/W/143/Rev.3 
Page 122 Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
 
5. No introduction of new 
requirements to use customs brokers. 
 Priority for Technical Assistance:  High:     
   Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
 
 
Issues to note (any comments or re commendations for negotiators, etc.) :    
  TN/TF/W/143/Rev.3 
 Page 123 
 
 
  J.8 Same Border Procedures Within a Customs Union.  This proposal applies only to customs 
unions that are themselves WTO Members.  The European Union is the only such customs 
union.  
 J.9 Uniform Forms and Documentation Requireme nts Relating to Import Clearance within 
a Customs Union.  This proposal applies only to customs unions that are themselves WTO 
Members.  The European Union is the only such customs union.  
 J.10 Option to Return Rejected Goods to the Importer  
 General Description
 
 This proposal seeks to provide traders with an option to return food consignments to the 
importer/exporter in cases where they are rejected in the country of importation due to their failure to 
meet certain standards. 
 
Basic Standard
 
 A Member shall provide for food consignments to be  returned to the importer/exporter in cases where 
they are rejected by the importer or government agencies due to their failure to meet commercial 
standards. 
 
Text of the Proposal(s)
 
 India, TN/TF/W/121
 
 
"In case of rejection of a food consignment on account  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, a different course of action, 
including destruction of goods can be considered  by the appropriate authority of the importing 
Member".    
Requirements to Meet the Basic Standard
 
 The Member has legislative and/or administrative pr ovisions which provide for rejected consignments 
to be returned to the importer or exporter; a nd guidance as to when such provisions may apply.  
  TN/TF/W/143/Rev.3 
Page 124 J.10 OPTION TO RETURN REJECTED GOODS TO THE IMPORTER 
 
Basic Standard: A Member shall provide for food consignments to be returned to the exporter in cases wh ere they are rejected by the importer du e to their 
failure to meet commercial standards. 
 
COMPLY: Yes:        No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 
(Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your situation to assist your negotiator and any other stakeholder that might 
review the results. (by agency where 
appropriate)  Specific to the proposal(s):  
1. Option to return the rejected 
goods to exporter.   
  
  
 Priority for Technical Assistance:  High:     
   Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
   
   TN/TF/W/143/Rev.3
 Page 125Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
Issues to note (any comments or re commendations for negotiators, etc.) :    
 
 TN/TF/W/143/Rev.3 
Page 126  
 
  K. TARIFF
 CLASSIFICATION 
K.1 Objective Criteria for Tariff Classification 
 
General Description  
 
These proposals seek to provide an objective approach to tariff classification, to improve transparency 
and predictability for traders to ensure that classifi cations are not arbitrary or unjustifiable and do not 
constitute a disguised restriction on international trade.    Basic Standard
 
 
A Member shall apply objective criteria for tariff  classification such as through the use of the 
Harmonized System.     Text of the Proposal(s)
 
 
New Zealand, TN/TF/W/126  
 
"(a) Members shall apply criteria for the tariff classification of goods so that their 
classification decisions are not arbitrary or unjustifiable and do not constitute a 
disguised restriction on international trade.  
 (b)  Decisions on tariff classification which are based on the Harmonised Commodity 
Description and Coding System of the World Customs Organization shall be presumed 
to comply with the requirements of paragraph (a)."  
Requirements to Meet the Basic Standard  
 
The Member has in place national legislation and administrative arrangements which are based upon 
the provisions of the WCO Convention on the Harmonized Commodity Description and Coding 
System (WCO HS Convention).  
   TN/TF/W/143/Rev.3
 Page 127K.1 OBJECTIVE CRITERIA FOR TARIFF CLASSIFICATION 
 
Basic Standard: A Member shall apply objective criteria for tariff classifica tion such as through the use of the Harmonized System.    
 
COMPLY: Yes:        No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your situation to assist your negotiator and any other stakeholder that might review the results. (by agency where 
appropriate) 
 Specific to the proposal(s):  
1. Apply criteria so 
classification decisions are not 
arbitrary or unjustifiable and do not constitute a disguised restriction on international trade. 
2. Decisions on tariff 
classification  based on HS.   
  
  
 
Priority for Technical Assistance:  High:        Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
 TN/TF/W/143/Rev.3 
Page 128  
 
  L. MATTERS
 RELATING  TO GOODS  TRANSIT 
Effective transit procedures are critical for trader s, particularly in land-locked countries.  GATT 
Article V sets out rules on freedom of transit subject to formalities and on the basis of most-favored-nation treatment.  Paragraph 3 requires that traffic in  transit coming to or from the territories of other 
Members shall not be subject to unnecessary delays or  restriction, and shall be exempt from customs 
duties except for charges to cover the cost of services rendered.   
 
L.1 Scope- proposed definition of transit.  See Secretariat Compilation TN/TF/W/43/Rev. 
(highest revision number is most recent) 
 The Former Yugoslav Republic of Macedonia, th e Republic of Moldova, Rwanda, Switzerland and 
Swaziland, TN/TF/W/133/Rev.2/Corr.1  
 
"Definition of traffic in transit:  Goods – including  those moved via fixed infrastructure, inter alia 
pipelines and electricity grids39 –, and means of transport (inc luding baggage and the personal 
belongings of the person operating the means of transpor t), shall be deemed to be in transit across the 
territory of a Member when the passage across such  territory is only a porti on of a complete journey 
beginning and terminating beyond the frontier of the Member whose territory the traffic passes.  
Traffic of this nature is termed "traffic in trans it" irrespective of (i) trans-shipment, short-term 
storage, breaking bulk, or change in the mode of transport, and (ii) whether the goods or means of 
transport, after passing across a territory of a Memb er, return to the territory of a Member in which 
they originate or through which they have previously transited.  Means of transport shall be deemed 
to be in transit also if they carry exclusively goods in transit, even if the means of transport are not in 
themselves in transit accord ing to the above definition. 
 Each Member undertakes that if it establishes or ma intains a State enterprise, wherever located, or 
grants to any enterprise, formally or in effect, exclusi ve or special privileges, such enterprise shall, in 
its regulations, formalities, fees and charges – including transportation charges –, on or in 
connection with traffic in transit, ac t in a manner consistent with the provisions on traffic in transit of 
this Agreement and otherwise solely in accordance with commercial considerations. 
 Exception:  The provisions on traffic in transit of  this Agreement shall not apply to the operation of 
aircraft in transit, but shall apply to ai r transit of goods (i ncluding baggage)."
                                                     
 
39 "At least some of the proposed commitments in th e proposal have been written with only transit of 
goods by moving means of transport in mind. Co-sponsors recognize that the text will need to be further worked through to ensure that language is consistent with our intention to cover all means of transport.  One option 
worth exploring could be to have separate paragraphs or separate proposals on freedom of transit by moving 
means of transport on the one hand and by fixed infrastructure on the other hand."  
   TN/TF/W/143/Rev.3
 Page 129L.1 SCOPE- PROPOSED DEFINITION OF TRANSIT 
 
 
National Priority:  High:        Medium:        Low:        None: __ 
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
 
 
Issues to note (any comments or re commendations for negotiators, etc.) :    
 
 Comments on proposed definition:  
 
    
 
   Note that this proposal would require a State enterprise or any enterprise given privileges to meet requirements of all transit  proposals. 
 
 
  
 TN/TF/W/143/Rev.3 
Page 130  
 
  L.2 Basic Freedom of Transit 
 
General Description
 
 These proposals seek to ensure that traffic in transi t is treated equally and fairly and does not face 
barriers such as unnecessarily  inconvenient routing.  
 Basic Standard
 
 Traffic in transit shall travel freely through the terr itory and shall be allowed to travel by the most 
convenient route.  
 Text of the Proposal(s)
 
 The Former Yugoslav Republic of Macedonia, th e Republic of Moldova, Rwanda, Switzerland and 
Swaziland, TN/TF/W/133/Rev.2/Corr.1  
 "There shall be freedom of transit through the territory of each Member via the routes most 
convenient for international transit. No distinctio n shall be made in the treatment of traffic in 
transit which is based on flag of the vessel, th e place of origin, departure, entry, exit or 
destination, or any circumstances relating to the ownership of goods or means of transport ." 
 
Requirements to Meet the Basic Standard
 
 The Member shall not have in place national le gislation and administrative arrangements which 
unduly restrict the travel and routing of transit traffic.   
 
The Member has in place national legislation and administrative arrangements which expressly 
provide for the principles of non-discrimination for traffic in transit. 
   TN/TF/W/143/Rev.3
 Page 131L.2 BASIC FREEDOM OF TRANSIT 
 
Basic Standard: Traffic in transit shall travel freely through the territory a nd shall be allowed to travel by the most convenient route 
 
COMPLY: Yes:        No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your situation to assist your negotiator and any other stakeholder that might review the results. (by agency where 
appropriate) 
 Specific to the proposal(s):  1. Routes most convenient. 
2. No distinction.   
  
  
 
Priority for Technical Assistance:  High:        Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
 
  
  TN/TF/W/143/Rev.3 
Page 132 Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
Issues to note (any comments or re commendations for negotiators, etc.) :    
 
  TN/TF/W/143/Rev.3 
 Page 133 
 
 
  L.3(c) Disciplines on Restrictions to Freedom of Transit 
 
General Description  
 Road transport, which is the principal mode of fr eight transport in transit, is often subject to 
restrictions that often generate limitations in tran sit traffic.  These proposals seek to eliminate these 
restrictions and to ensure that any necessary rest rictions should be limited and reasonable.  GATT 
Articles XX and XXI allow Members to make excep tions to protect health and security. (These 
Articles are in the needs assessment manual).  
Basic Standard
 
 Members shall ensure that regulations and restric tive measures applied to go ods in transit shall be 
reasonable and transparent and in compliance with GATT Articles XX and XXI.  
Text of the Proposal(s)
 
 The Former Yugoslav Republic of Macedonia, th e Republic of Moldova, Rwanda, Switzerland and 
Swaziland, TN/TF/W/133/Rev.2/Corr.1  
 
(a) General and security exceptions 
"Members recognize that the general and security exceptions provided for in GATT Articles XX and 
XXI shall be fully applicable."  The Former Yugoslav Republic of Macedonia, th e Republic of Moldova, Rwanda, Switzerland and 
Swaziland, TN/TF/W/133/Rev.2/Corr.1  
 
(b) Regulation 
"Regulation on Traffic in Transit:  All regulation imposed by contracting parties on traffic in 
transit to or from the territories of other cont racting parties shall be reasonable, having regard 
to the conditions of the traffic ." 
 
(c) Disciplines on Restrictions to Freedom of Transit 
Turkey, Georgia and Paraguay, TN/TF/W/146/Rev.1  
 "1. In order to ensure freedom of transit, a member shall not seek, take or maintain any 
restrictive measure in transit. 
2. Members may only take necessary measures to fulfil a legitimate objective stemming 
from the general exceptions laid down in GATT Articles XX and XXI.   Members shall ensure that 
any such measure shall not be more restrictive than necessary and shall be applied in a 
transparent manner. 
3. The restrictive measure shall not be maintain ed if the circumstances or objectives giving 
rise to its adoption no longer exist or if the changed circumstances or objectives can be 
addressed in a less restrictive manner .  
4.  Members taken such measure shall notify other members [through the relevant WTO body-
Trade Facilitation Committee] on the objective and the necessity of the restrictive measure.  TN/TF/W/143/Rev.3 
Page 134  
 
  5. Members taking the restrictive measure, upon requ est of the parties that are affected, [through 
the relevant WTO body-Trade Facilitation Committee], shall provide all pertinent information  
which shall include the evidence that the measure is the least restrictive way of achieving the 
objective." 
Requirements to Meet the Basic Standard
 
 
(a) Member shall have procedures in place to notify WTO Members on the objective and 
necessity of the restrictive measure. 
(b) Apply the principles of risk management to the identification of goods for specific 
interventions in respect of goods in transit, a nd specifically exclude such identification on the 
basis of origin and/or mode of transportation alone. 
(c) These proposals recognize that the legitimat e public policy goals set out in GATT 
Articles XX and XXI should not be compromised in any way.  These Articles relate to such issues as national security, health, safety and the environment.  
   TN/TF/W/143/Rev.3
 Page 135 
L.3 EXCEPTIONS, REGULATIONS, RESTRICTIONS AND NON-DISCRIMINATION; A) GENERAL AND SECURITY EXCEPTIONS;  
 B) REGULATION; C) DISCIPLINES ON RESTRICTIONS TO FREEDOM OF TRANSIT 
 
Basic Standard:  Members shall ensure that regulations and restrictive measures ap plied in to goods in transit sh all be reasonable and transpare nt and in 
   compliance with GATT Articles XX and XXI.  
COMPLY: Yes:     
   No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 
(Put in bold the points where you are not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use 
same numbering system - add sub-points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify in detail. 
General Description:  provide 
background information of your 
situation to assist your negotiator and 
any other stakeholder that might review the results. (by agency where appropriate)  
Specific to the proposal(s): 
 1. Reasonable regulation 
having regard to traffic conditions. 
2. No restrictive measures in 
transit. 
3. Only necessary measures 
under general exceptions. 
4. No more restrictive than 
necessary. 
   
  
 
  
  TN/TF/W/143/Rev.3 
Page 136 Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
5. Applied in a transparent 
manner. 
6. Restrictive measure shall not 
be maintained. 
7. Notify. 
8. Provide all pertinent 
information. 
 Priority for Technical Assistance:  High:     
   Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
  TN/TF/W/143/Rev.3 
 Page 137 
 
 
  L.3(d) Strengthened Non-Discrimination 
General Description  
 The objective of these proposals is to strengthen th e principle of non-discrimination, in order to 
prevent the application of trade laws that limit th e free transit of goods and means of transport among 
Members. 
 Basic Standard
 
 A Member shall accord non-discriminatory, most-favored-nation
40 treatment and national treatment41 
to traffic in transit to or from the territory of any other Member with respect to all charges, regulations 
and formalities.  Text of the Proposal(s)
 
 
Cuba, TN/TF/W/127  
 "Members shall not apply discriminatory measures  to goods in transit, or to vessels or other 
means  of transport  of other Members, for non-commercial reasons.  This does not exclude the right 
to resort to the exceptions alread y laid down in WTO Agreements, fo r valid reasons and provided that 
the measure concerned does not constitute a dis guised restriction on international trade".  
 
The Former Yugoslav Republic of Macedonia, th e Republic of Moldova, Rwanda, Switzerland and 
Swaziland, TN/TF/W/133/Rev.2/Corr.1  
 "National treatment :  With respect to all [laws, regulations , 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 the territory of any Member, treatment no less favourable th an that accorded to its 
own exports or imports, and their movement.  
 
Most-favoured-nation treatment :  Without prejudice to paragraph (e)4(i)
42, with respect to all laws, 
regulations, formalities, fees and charges – including  transportation charges – , on or in connection 
with transit, each Member shall accord to traffic in transit to or from the territory of any other 
Member treatment no less favorable than the treatment  accorded to traffic in transit to or from any 
third country.  This principle refers to like pr oducts being transported on the same route under like 
conditions. 
 
                                                      
40 MFN- providing the same best treatment to all WTO Members. 
41 National Treatment- imported goods are treated no less favorably than domestic goods. 
42The paragraph reads: "Members shall promote bilateral and regional transit agreements or 
arrangements with a view to reducing trade barriers and enhance freedom of transit. Members shall take full 
account of international standards and instruments when designing an d applying those agreements or 
arrangements. In particular, contracting parties to regiona l transit agreements or arrangements shall strive to: 
 (i) agree on common, simplified documents, or electronic messages, that shall be aligned with 
 international standards;  (ii) allow the same set of documents or elect ronic messages to accompany the consignment from the 
 country of departure to destination; 
 (iii) mutually recognize authori zed economic operator schemes; 
 (iv) define common measures relating to the monito ring of transit, inter alia the appointment of 
 national transit coordinators; performance indicators (e.g., target clearance times) or public private 
 partnerships to manage and monitor the arrangement;  (v) include matters which are relevant beyond cust oms in the context of tran sit, such as road and 
 transport issues." TN/TF/W/143/Rev.3 
Page 138  
 
  Treatment preceding and following transit :  Each Member shall accord to products and means of 
transport which have been or will be in transit th rough the territory of any other Member treatment no 
less favorable  than that which would be accorded to such products and means of transport if they 
hadn’t travelled or will not travel from their place of  origin to their destination without going through 
the territory of such other Member.  Any Member shall, however, be free to maintain its requirements 
of direct consignment existing on the date of th e GATT 1994 in respect of any goods in regard to 
which such direct consignment is a requisite c ondition of eligibility for entry of the goods at 
preferential rates of duty or has relation to the Member's prescribed method of valuation for duty 
purposes."    
Requirements to Meet the Basic Standard
 
 (a) The Member has in place national legislation and administrative arrangements which: 
• Expressly provide for the principles of non-discrimination, most-favoured-
 nation  treatment and national treatment to tra ffic in transit to or from the territory of   
 any other Member with respect to all charges, regulations and formalities; 
 • Apply the principles of risk management to the identification of goods for specific 
 interventions in respect of goods in transit, and specifically exclude such 
 identification on the basis of origin and/or mode of transportation alone.  
(b) These proposals recognize that the legitimat e public policy goals set out in GATT 
Articles XX and XXI should not be compromised in any way.  These Articles relate to such issues as national security, health, safety and the environment.     
   TN/TF/W/143/Rev.3
 Page 139L.3(d)  STRENGTHENED NON-DISCRIMINATION 
 
Basic Standard: A Member shall accord non-discriminatory, most -favored-nation treatment and national treatment43 to traffic in transit to or from the  territory 
of any other Member with respect to a ll charges, regulations and formalities. 
 
COMPLY: Yes:        No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 
(Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your situation to assist your negotiator and any other stakeholder that might 
review the results. (by agency where 
appropriate)  Specific to the proposal(s):  
1. No discriminatory measures. 
2. National treatment. 
3. Most-favoured-nation 
treatment. 
4. Transit treatment no less 
favorable. 
   
  
  
                                                      
43 National Treatment- imported goods are treated no less favorably than domestic goods.  
  TN/TF/W/143/Rev.3 
Page 140 Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
 
Priority for Technical Assistance:  High:        Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
  
Issues to note (any comments or re commendations for negotiators, etc.) :    
  TN/TF/W/143/Rev.3 
 Page 141 
 
 
  L.4 Disciplines on Fees and Charges 
 L.4(a) Publication of Fees and Charges  
 
These matters are dealt with under the following proposals: 
 
F.1 – Disciplines on fees and Charges Imposed on or in Connection with Importation and Exportation.  
L.4(b) Periodic Review of Fees and Charges 
 
These matters are dealt with under the following proposals: 
 F.1 – Disciplines on fees and Charges Imposed on or in Connection with Importation and Exportation.  
L.4(c) More Effective Disciplines on Charges for Transit – Reduction/Elimination 
 These matters are dealt with under the following proposal: 
 F.1 – Disciplines on fees and Charges Imposed on or in Connection with Importation and Exportation.  
L.5 Disciplines on Transit Formalities and Documentation Requirements 
 
L.5(a) Publication  
These matters are dealt with under the following proposals: 
 
A.1 – Publication 
 B.1 – Interval Between Publication and Entry Into Force  
L.5(b) Periodic Review 
 
These matters are dealt with under the following proposals: 
 J.1 – Periodic Review of Formalities And Requirements. TN/TF/W/143/Rev.3 
Page 142  
 
  L.5(c) Reduction/Limitation/Simplification/Adjustment 
 
General Description
 
 Fast efficient transit crossings can have a big pos itive impact on trade, especially for land locked 
countries.   These proposals seek to ensure that tran sit-related formalities are no more administratively 
burdensome or trade restrictive than necessary to achieve legitimate policy objectives and that, where 
possible, transit trade be given special conditions to ensure its facilitation.  Basic Standard
 
 
Traffic in transit shall not be subject to any unn ecessary delays, restrictions, inspections or controls 
and shall be granted exped ited and simplified treatment at border crossing points. 
 Text of the Proposal(s)
 
 
(a) Border crossing points include:  sea, fluvial (river) and airports or inland terminals.   
(b) Physically separate transit lanes  shall be made available for traffic in transit, where 
possible. 
(c) Transit formalities and docum entation requirements shall: 
• Be reasonable having regard to the conditions of transit; 
• Take into account the inherent char acteristics of the goods concerned; 
• Not be more trade restrictive than neces sary to achieve the legitimate public 
 policy objective pursued.    
For traffic in transit, Members shall provide for: 
• Use of risk management;   However quality controls or controls of compliance with 
 technical standards shall not be applied unless there is risk of contamination; 
• The processing of transit documents a nd data prior to the arrival of the 
 transiting  consignment;  
• The use by traders of commercially available inform ation, documents and data  
 wherever possible, including as part of transit declarations;  
• The establishment of a single window  for traffic in transit; 
• Use of an authorized trader scheme . 
 Requirements to Meet the Basic Standard
 
 
(a) The Member has in place legislative and/or administrative arrangements to provide for the 
procedures outlined in the Text of the Proposal(s). 
(b) Use of existing commercial information to  satisfy government requirements where 
practicable. 
(c) Where possible the Member has in place designa ted facilities, including lanes, for traffic in 
transit. 
  
   TN/TF/W/143/Rev.3
 Page 143L.5(c) Reduction/Limitation/Simplification/Adjustment 
 
 Basic Standard : Traffic in transit shall not be subject to any unnecessary dela ys, restrictions, inspections or controls and shall be granted  expedited and 
   simplified treatment at border crossing points.     
 
COMPLY: Yes:     
   No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail.  
(Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your situation to assist your negotiator and 
any other stakeholder that might 
review the results. (by agency where appropriate)  Specific to the proposal(s): 
 
1. Physically separate transit 
lanes. 
2. Transit formalities and 
documentation requirements shall: 
(a) Be reasonable having regard 
to the conditions of transit; 
(b) Take into account the 
inherent characteristics of goods; 
   
  
   
  TN/TF/W/143/Rev.3 
Page 144 Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
(c) No more trade restrictive 
than necessary. 
3. Use risk management. 
4. Process documents/data 
prior to the arrival. 
5. Use of commercially 
available information, documents and data. 
6. Single window. 
7. Authorized trader scheme. 
 
Priority for Technical Assistance:  High:        Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
 
 
Issues to note (any comments or re commendations for negotiators, etc.) :    
  TN/TF/W/143/Rev.3 
 Page 145 
 
 
  L.6 Bonded Transport Regime and Guarantees/International, Regional or National Customs 
 Guarantee System  
General Description
 
 
These proposals seek to establish an internationally , regionally or nationally valid guarantee system 
for goods transit.  The objective of such a system is to avoid the need to impose provisional taxation 
while at the same time safeguarding revenue  in case of inland diversion of the goods. 
 Basic Standard
 
 
A Member shall allow the transit of goods through its territory without payment of customs duties or other charges, subject to the provision of an appropriate guarantee.  Text of the Proposal(s)
 
 
(The Former Yugoslav Republic of Macedonia, th e Republic of Moldova, Rwanda, Switzerland and 
Swaziland, TN/TF/W/133/Rev.2/Corr.1  
 
"Where a Member operates a guarantee system  to avoid inland diversion of goods in transit, any 
person required to provide security shall be allowed to choose any form of security provided that it 
is acceptable to the customs and other border author ities. This Member shall also ensure that the 
guarantees required from transit operators are:  
(i) 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 custom s debt or other charges which may 
be incurred in respect of the goods; 
(ii) designed and applied on a regional or international basis  to as great an 
extent as possible;  and  
(iii) released or discharged promptly and in full  after the completion of the 
transit operation.  
Where a Member operates a guarantee system for goods in transit, this Member shall allow 
guarantees to be renewed  for subsequent consignments once a previous one is proved to have 
reached its destination. No fees and charges  shall be imposed in relation to the use of bonded 
transport regimes and guarantees except for those di rectly related to the approximate cost of any 
service rendered.  
 
In cases where a Member chooses to apply oth er appropriate measures to prevent the inland 
diversion of goods, no guarantee shall be required for the transit of goods ." 
 TN/TF/W/143/Rev.3 
Page 146  
 
  Requirements to Meet the Basic Standard
 
 (a) The Member has in place national legislation a nd/or administrative arrangements that allow 
the transit of goods through its territory without  payment of customs duties or other charges, 
subject to the provision of an appropriate guarantee. 
(b) When available, the Member has adopted an internationally or regionally valid guarantee 
system that incorporates the elements id entified in the Text of the Proposal(s).  
   TN/TF/W/143/Rev.3
 Page 147L.6  BONDED TRANSPORT REGIME AND GUARANTEES/INTERNATIONAL, REGIONAL OR NATIONAL CUSTOMS GUARANTEE 
SYSTEM 
 
Basic Standard:   A Member shall allow the transit of goods through its territory  without payment of customs duties or other charges, subject t o the 
 provision of an appropriate guarantee 
 
COMPLY: Yes:        No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail.  
(Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your situation to assist your negotiator and 
any other stakeholder that might 
review the results. (by agency where appropriate)  Specific to the proposal(s): 
 
1. Guarantee system. 
2. Choice of security. 
3. Guarantees are: 
(a) reasonable having regard to 
the conditions of traffic and 
the characteristics, nature and value; 
(b) Limited to amount of 
debt/charges; 
   
  
   
  TN/TF/W/143/Rev.3 
Page 148 Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
(c) Designed and applied on a 
regional or international basis; 
(d) Released/discharged 
promptly and in full; 
(e) Renewable. 
4. Fees or charges reflect cost 
of service rendered. 
 Priority for Technical Assistance:  High:     
   Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
 
 
Issues to note (any comments or re commendations for negotiators, etc.) :    
  TN/TF/W/143/Rev.3 
 Page 149 
 
 
  L.7 Regional Transit Agreements or Arrangements 
 
General Description  
 These proposals seek to encourage Me mbers to cooperate on a regional basis to promote bilateral and 
regional transit agreements.   
 Basic Standard
 
 A Member shall promote bilateral and regional transit agreements or arrangements which are 
consistent with all other commitments on Trade Fac ilitation, with a view to reducing trade barriers. 
 Text of the Proposal(s)
 
 The Former Yugoslav Republic of Macedonia, th e Republic of Moldova, Rwanda, Switzerland and 
Swaziland, TN/TF/W/133/Rev.2/Corr.1  
 "Members shall promote bilateral and regional transit agreements or  arrangements with a view to 
reducing trade barriers and enhanc e freedom of transit. Members shall take full account of 
international standards and instruments when designing and applying those agreements or 
arrangements. In particular, contracting parties to  regional transit agreements or arrangements shall 
strive to: 
 "Members shall promote bilateral and regional tr ansit agreements or arrangements  with a view 
to reducing trade barriers and enhance freedom of transit . Members shall take full account of 
international standards and instruments  when designing and appl ying those agreements or 
arrangements. In particular, contracting parties to  regional transit agreements or arrangements shall 
strive to:  
(i) agree on common, simplified documents, or electronic messages, that shall be 
aligned with international standards; 
(ii) allow the same set of documents or electronic messages to accompany the 
consignment from the country of departure to destination; 
(iii) mutually recognize authorized trader schemes; 
(iv) define common measures relating to the m onitoring of transit, inter alia the 
appointment of national transit coordi nators; performance indicators (e.g., 
target clearance times) or public privat e partnerships to manage and monitor 
the arrangement; 
(v) include matters which are relevant beyond customs in the context of transit, 
such as  road and transport issues.  
(vi) Regulations and formalities in connecti on with transit agreed upon in such 
agreements or arrangements shall be reasonable , having regard to the 
conditions of the traffic . These agreements or arrangements shall be 
designed and implemented in such a way that they do not constitute a 
disguised restriction on international trade or an arbitrary or 
unjustifiable discrimination between Members.  
 TN/TF/W/143/Rev.3 
Page 150  
 
   
Regulations and formalities in connection with  transit agreed upon in such agreements or 
arrangements shall be reasonable, having regard to the conditions of the traffic . These agreements 
or arrangements shall be designed and implemented in such a way that they do not constitute a  
disguised restriction on international trade or an arbitrary or unjustifiable discrimination 
between  Members .  
 Members participating in bilatera l or regional transit agreements  or arrangements shall afford 
adequate opportunity for other interested  Members to negotiate their accession to such an 
agreement or arrangement or to ne gotiate comparable ones with it." 
 Requirements to Meet the Basic Standard
 
 (a) The Member is actively involved in promoting bilateral and regional tr ansit agreements or 
arrangements and contributing to the de velopment of relevant WTO guidelines; 
(b) Appointment of national transit coordinators  and establishment of performance indicators 
(e.g., target clearance times) or public privat e partnerships to manage and monitor the 
arrangement.  
   TN/TF/W/143/Rev.3
 Page 151L.7 REGIONAL TRANSIT AGREEMENTS OR ARRANGEMENTS 
 
Basic Standard:  A Member shall promote bilateral and regiona l transit agreements or arrangements which are consistent with all other commitment s on   
 Trade Facilitation, with a view to reducing trade barriers. 
 
COMPLY: Yes:        No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 
(Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your situation to assist your negotiator and any other stakeholder that might 
review the results. (by agency where 
appropriate)  Specific to the proposal(s):  
1. Promote bilateral and 
regional transit agreements. 
2. Use international standards 
and instruments. 
3. Common, simplified 
documents, or electronic messages. 
4. Same documents accompany 
consignment. 
5. Recognize authorized trader 
schemes. 
   
  
   
  TN/TF/W/143/Rev.3 
Page 152 Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
6. Define common monitoring 
measures. 
7. Include matters beyond 
customs.  
8. Formalities/regulations not 
disguised restriction on trade. 
9. Formalities/regulations not 
arbitrary or unjustifiable. 
10. Formalities/regulations don't 
discriminate between Members. 
 
 
Priority for Technical Assistance:  High:        Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
 
 
Issues to note (any comments or re commendations for negotiators, etc.) :    
  TN/TF/W/143/Rev.3 
 Page 153 
 
 
  M. CUSTOMS  COOPERATION 
General Description  
 Under these proposals a Member would be re quired, upon request from another Customs 
administration, to provide information and documents on matters such as HS classification, full and 
accurate description, quantity, country of origin  and valuation of goods for specific imports or 
exports.  This information would be used in cas es where Customs doubts the truth or accuracy of 
import information and seeks verification by looking at the information provided to the country of 
export (or vice versa).  This prac tice is currently conduced under bi-l ateral agreements but under these 
proposals would be required by all countries at a multilateral level.  
 
Basic Standard
 
Members shall, upon request, exchange informati on and documents concerning specific import or 
export transactions.  
 
Text of the Proposal(s)  
 India, South Africa and Sri Lanka, TN/TF/W/123/Rev.2
 
 
"Cooperation Mechanism for Customs Compliance 
 
1. Members shall, upon request, exchange information and documents on matters such as 
HS classification, description, quantity, country of origin and valuation of goods in identified 
cases of import or export, where there is reason to  doubt the truth or accuracy of a declaration 
filed by the importer or exporter . 
2. A Member making the request shall ensure that, [to the extent possible,] all appropriate 
internal verification has been undertaken including, inter alia, verification of the status of the 
importer/exporter and inspection of the relevant documents made available to or obtained by the 
customs administration.  
3. A Member making the request shall provide a brief summary  of the case in respect of which 
information is sought including the reasons for doubting the truth or accuracy of the declaration made before it; the results of verification made; and, specify the information and documents required.  
4. The requested Member shall: 
(a) Provide information only to the extent it  is available in the import or export 
declaration(s); 
(b) If requested, provide documents filed in support of a goods 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; 
(c) Confirm that the documents provided are true copies of the documents submitted 
by the importer/exporter and accepte d by the requested Member;  and 
(d) Provide the information, to the extent possible, within a period of 90 days from 
the date of receipt of the request. TN/TF/W/143/Rev.3 
Page 154  
 
  5. Such exchange of information or doc uments shall not require Members to: 
(a) Modify the format of their import or export declarations or their procedures; 
(b) Call for documents other than those filed with the goods declarations; 
(c) Modify the period of retention of such information or documents;  or  
(d) Introduce paper documentation where electroni c format has alread y been introduced. 
6. Any information or documents exchanged shall be treated as confidential  and shall not be 
disclosed to any third party except to  the extent required in judicial proceedings.  Such information or 
documents shall not be used in a criminal proceed ing unless specifically authorized by the requested 
Member.  
7. Each Member shall designate and notify  to the WTO an agency w ithin its administration for 
exchange of information and documents. 
8. The request for information or documen t shall be made in one of the three official languages  
of the WTO or in a language mutually acceptabl e to the requesting and the requested Member. 
9. The request for information or document sha ll not be made later than two years after the 
importation or exportation of the goods. 
10. A Member shall not make more than [X] requests for information and documents from 
another Member in a calendar year. 
11. Information or documents exchanged shall not be  used for purposes other than that for which 
it was sought unless the requested Member agrees otherwise." 
Canada, TN/TF/W/154
 
 
"Recognizing that a Member may have to address  cases where it has reason to doubt the truth or 
accuracy of information provided by traders in s upport of the declared value of imported goods; 
 Recognizing the importance of protecting commercially  confidential information in safeguarding the 
commercial interests of traders; 
 
Members may seek assistance from other Members in  accordance with the following requirements: 
 1. A Member shall seek to obtain and review th e relevant and necessary documentation from the 
importer respecting the declared value of goods  and shall conduct a verification before it 
requests assistance from another Member. 
 
2. If the Member has reasonable grounds to doubt the truth or accuracy  of the supporting 
documentation referred to in paragraph 1, it ma y request assistance from the exporting Member 
on mutually agreed terms consistent w ith the requirements of this proposal.  
 
3. A Member shall not require an original or copy of export declarations  issued by the 
authorities of the exporting Member as a requirement for importation. 
 4. Each Member shall notify  to the WTO a contact point for making a request pursuant to 
paragraph 2.    TN/TF/W/143/Rev.3 
 Page 155 
 
 
  5. Where a Member requests information from th e exporting Member respecting the declared 
value of goods being imported, the requesting Member shall protect commercially 
confidential informatio n.  For greater certainty, the protection of commercially confidential 
information means the treatment required by Ar ticle 10 of the Agreement on Implementation of 
Article VII of the General Agre ement on Tariffs and Trade, 1994. 
 
6. The requesting Member shall provide the requested Member with a written summary  of the 
request, including: 
 
(a) The matter at issue and reasons for the request;  
(b) The specific information, including documents, requested; 
(c) The purposes for which the Member requires the information; 
(d) A confirmation that the requesting Member  conducted the verification required by 
paragraph 1;  
(e) An explanation of why the requesting Memb er still has doubts respecting the truth or 
accuracy of information provided by the importer after conducting the verification 
required by paragraph 1; 
(f) The identity of the official making the request; 
(g) The names and addresses of the persons to whom  the request relates, if known;  and 
(h) The applicable legal provisions in the domes tic law, including provisions relating to 
confidentiality, of the requesting Member.  
7. The requested Member should offer cooperation and assistance , consistent with its domestic 
law and procedures: 
(a) If the requested Member is satisfied with th e verification referred to in paragraph 1; 
(b) If the requested Member is satisfied th at the required confidentiality of the 
information will be maintained;  and 
(c) Only to the extent that the information is available. 
8. Such exchange of information shall not require a requested Member to: 
(a) Modify the format of their import or export declarations or their procedures; 
(b) Require documents other than those f iled with the declaration of the goods; 
(c) Initiate inquiries to obtain the information; 
(d) Modify the period of retention of such information;   TN/TF/W/143/Rev.3 
Page 156  
 
  (e) Introduce paper documentation where electroni c format has already been introduced; 
or 
(f) Translate into any language the information or documents. 
9. Subject to paragraph 11, the requesting Member  shall use the information solely for the 
purposes stated in the request, unless the requested  Member agrees otherwise in writing.  The 
requesting Member shall be subject to any restrictions imposed by the Member providing the 
information.  
10. The requesting Member shall provide the informa tion only to its customs administration.  In 
the case that the requesting Member is required by its domestic law to share the information with a 
governmental agency other than its customs admi nistration or in a judicial or quasi-judicial 
proceeding, the requesting Member sh all inform the requested Member.  
11. A requested Member may postpone or refuse provi ding information if the provision of such 
information would interfere with an ongoing  investigation, prosecution or proceeding. 
12. A requested Member shall respond in writing to a request made pursuant to this proposal. 
13. The request for information shall not be made la ter than [two years] after the importation or 
exportation of the goods. 
14. A Member shall not make more than [X] re quests for information and documents from 
another Member in a calendar year. 
15. 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. 
16. Nothing in this proposal shall be construed to prevent a Member from en tering into a bilateral 
arrangement respecting sharing of customs informat ion.  [In the case of an inconsistency between a 
provision of such an agreement and this proposal, th at agreement shall prevail to the extent of the 
inconsistency]." 
Requirements to Meet the Basic Standard
 
 
(a) The Member has in place legislation and administrative arrangements that allow the 
provision of information and documents as identified in the Text of the Proposal(s); 
(b) The Member has in place procedures to ensu re that requests are made for information 
from other Members are appropriate; 
(c) Establishment of an administrative body responsible for information exchange; 
(d) Notification to WTO of the appropriate centr alized agency to administer information 
exchange. 
  
   TN/TF/W/143/Rev.3
 Page 157M. CUSTOMS COOPERATION 
 
Basic Standard: Members shall, upon request, exchange information and do cuments concerning specific import or export transactions.  
 
COMPLY: Yes:        No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your situation to assist your negotiator and any other stakeholder that might review the results. (by agency where 
appropriate) 
 Specific to the proposal(s):  1. Exchange information and 
documents. 
2. Internal verification. 
3. Brief summary. 
4. Provide information. 
5. Provide documents 
6. Confirm documents are true 
copies. 
7. Within 90 days. 
8. Confidentiality.   
  
   
  TN/TF/W/143/Rev.3 
Page 158 Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
9. Designate and notify. 
10. Official languages. 
11. Cooperation and assistance. 
 
 
Priority for Technical Assistance:  High:        Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
 
 
Issues to note (any comments or re commendations for negotiators, etc.) :    
 
  TN/TF/W/143/Rev.3 
 Page 159 
 
 
  N. NATIONAL  COMMITTEE  ON TRADE  FACILITATION 
Basic Standard: Members shall establis h a national committee or similar 
mechanism to assist in the implementation of the Agreement on Trade 
Facilitation." 
General Description  
 The measures proposed in the WTO trade facilitation negotiations affect all the government agencies 
and private sector organizations involved in the im port, export, and transit of goods.  In order to 
effectively and efficiently implement the WTO Tr ade Facilitation Agreement, coordinate with 
technical assistance donors and carry out notification or other requirements, it will be important for 
each country to have a task force or committee to oversee the work.   
 Text of the Proposal(s):
 
 
Honduras, Norway And Switzerland, TN/TF/W/158  
 
"In order to facilitate the process of domestic  coordination of trade facilitation needs, 
priorities and implementation, Members shall establish a national committee or a 
similar mechanism  on trade facilitation with the objective of assisting in the 
implementation of the Agreement on Trade Facilitation ." 
Requirements to Meet the Basic Standard  
 The Member shall designate a single ministry or  agency that will have overall responsibility for 
coordinating the assessment process. 
 
The Member shall identify the relevant stakeholde rs that should be members of the task force. 
 Create work program through establishment of terms of  reference, work plan, meeting schedule, etc. 
 
Secure the necessary political recognition to ensure  support of the task force and the work plan.  
 Ensure resources are available that would be necessary to hold meetings.  Establish communication netw ork between stakeholders. 
  TN/TF/W/143/Rev.3 
Page 160 N. NATIONAL COMMITTEE ON TRADE FACILITATION 
 
Basic Standard:  Members  shall establish a national committee or similar mechanism  to assist in the implementation of the Agreement 
 on Trade Facilitation. 
 
COMPLY: Yes:        No:        Partially:        Not applicable:        National Priority:  High:        Medium:        Low:        None: __ 
 
Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 
(Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use 
same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
General Description:  provide 
background information of your situation to assist your negotiator and any other stakeholder that might 
review the results. (by agency where 
appropriate)  Specific to the proposal(s):  
1. Establish a national 
committee or a similar mechanism.   
  
  
 Priority for Technical Assistance:  High:     
   Medium:        Low:        None:         Comments:     
 
Lead agency or organization and other stakeholders that wo uld be responsible for implementation of this measure :    
 
Stakeholders not participating in assessment of  this measure(s) that should be consulted :     
   
   TN/TF/W/143/Rev.3
 Page 161Actions needed to meet basic standard (Consider needs in legal framework, 
administrative policy, human resources, tr aining, equipment, organization, change 
management.  If possible include estima ted costs and/or implementation times.) Current situation relative to the 
Proposed Measure. Describe in detail. 
 (Put in bold the points where you are 
not in compliance) Reason for non-compliance/ barriers 
(Complete this column (and the next 
2). For points not compliant - use same numbering system - add sub-
points as necessary) What can be done locally to address 
barriers? (Specify in detail) Is Technical Assistance or Capacity 
Building support needed? If yes, specify 
in detail. 
Issues to note (any comments or re commendations for negotiators, etc.) :    
 
 
  
__________