WORLD TRADE  
ORGANIZATION  TN/TF/W/155/Rev.1 
23 February 2009 
 (09-0926) 
Negotiating Group on Trade Facilitation Original:   English 
 
 
 
COMMUNICATION FROM HONG KONG CHINA, JAPAN, MONGOLIA, NORWAY, 
SWITZERLAND AND TURKEY 
 
Revision  
 
 
 The following communication, dated 20 February 2009, is being circulated at the request of 
the Delegations of Hong Kong China, Japan, Mongolia, Norway, Switzerland and Turkey 
 
_______________ 
 
 
PROPOSAL ON PUBLICATION AND AVAILABILITY OF INFORMATION 
 
 
The following revision of the textual proposal TN/TF/W/155/Rev.1 is submitted by Hong Kong 
China, Japan, Mongolia, Norway, Switzerland and Turkey for consideration by the Negotiating 
Group.  It takes account of the discussion and othe r submissions on this issue in the Negotiating 
Group. 
 
 Textual Proposals
 
 
 
I. PUBLICATION AND AVAILABILITY OF INFORMATION 
A. PUBLICATION  
1. Each Member shall publish promptly1 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 proce dures 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; 
                                                      
1The 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/155/Rev.1 
Page 2 
 
 
  (e) Fees and charges imposed on or in connecti on 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. 
B. AVAILABILITY  
2. Each Member shall ensure that the information re ferred to in paragraph 1 is made available in 
a non-discriminatory and convenient manner, in orde r to enable interested parties to become 
acquainted with them, via officially designated sources. 
 
II. AVAILABILITY OF OFFICIAL WEBSITE 
3. Recognizing that electronic means of publication are usually the most cost effective and 
easily accessible format for publication, 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 documents referred to in paragraph 1(a), as well as electronic 
links to them, where applicable. 
4. The language of publication for the description refe rred to in paragraph 3(a) shall, whenever 
practicable, be one of the official languages of the WTO. 
III. AVAILABILITY OF ENQUIRY POINTS 
5. Each Member shall ensure that at least one or more enquiry points exists. Enquiry points shall 
answer all reasonable enquiries on the issues covered by paragraph 1 from interested parties as well as 
to provide the required forms referred to in paragraph 1(a). 
6. Where a Member requires payment of a fee for en quiries, such fees shall not exceed the cost 
of the service rendered.2 
7. The enquiry points shall reply to enquiries within a reasonable time period set by each 
individual Member. 
8. Members involved in a regional integration may establish enquiry points at the regional 
level.3 
                                                      
2 This paragraph may be dropped at a later stage if th is aspect is properly d ealt with in a cross-cutting 
manner throughout the TF Agreement. 
3 This paragraph may be dropped at a later stage if th is aspect is properly d ealt with in a cross-cutting 
manner throughout the TF Agreement.  TN/TF/W/155/Rev.1 
 Page 3 
 
 
  IV. UNIFORM ADMINISTRATION 
9. 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. 
V. NOTIFICATIONS 
10. Each Member shall notify the [Trade Facilitation Committee] of the officially designated 
sources referred to in paragraph 2, the official websites referred to in paragraph 3, as well as the 
contact information of the enquiry po ints referred to in paragraph 5.4 
VI. GENERAL RESERVATIONS 
11. Nothing in these provisions shall be construed as requiring: 
(a) The publication or provision of information re ferred 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 in terest or would prejudice the legitimate 
commercial interests of particular enterprises, public or private.5 
__________ 
                                                      
4 This paragraph may be dropped at a later stage if th is aspect is properly d ealt with in a cross-cutting 
manner throughout the TF Agreement. 
5 This paragraph may be dropped at a later stage if th is aspect is properly d ealt with in a cross-cutting 
manner throughout the TF Agreement.