WORLD TRADE  
ORGANIZATION  TN/TF/W/95 
9 May 2006 
 
 (06-2259) 
Negotiating Group on Trade Facilitation Original:   English 
  
COMMUNICATION FROM THE AFRICAN GROUP 
  
 The following communication, dated 2 May 2006, is being circulated at the request of the 
Delegation of Benin, on behalf of the African Group.  
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Implementing the Technical Assistance and Capacity Building and 
 
Special and Differential Treatment (SDT) Mandates of Annex D of the July 2004 Framework  
 
 
GOAL 
 
 Future commitments on trade facilitation must  focus on measures which are vital for the 
economic development of developing countries and the least-developing countries, and at the same time these measures should be implementable.  To  this end, appropriate technical assistance and 
capacity building must be mandatory, b esides appropriate S&D arrangements. 
 I. INTRODUCTION 
1. Paragraphs 2, 3, 5 and 6 of  Annex D of the 1 August 2004 D ecision confer comprehensive 
provisions on SDT and provisions on Technical A ssistance and Capacity Building (TA&CB).  In 
addition, Paragraphs 4 to 7 of Annex E of the Ho ng Kong Ministerial Declaration are the operative 
paragraphs that basically outline the Negotiatin g Group on Trade Facilitation's (NGTF) work 
programme for 2006.  These MC6-endorsed recomme ndations in Annex E basically require the 
NGTF to: 
• Intensify negotiations and move these negotiations towards text drafting mode; 
• Identify TF needs and priorities of individual Members; 
• Identify the cost implications of possible measures; 
• Make the provision of TA&CB during the negotiations fully operational "in a timely 
manner" – i.e. within such time as to be effective and useful to the recipients in the course of the negotiations – and agree on provisions that would make operational such provision of TA&CB to the implementation of new commitments after the negotiations; 
• Agree on and integrate SDT proposals and cons iderations in the Trade Facilitation (TF) 
negotiations.  This should be done through provisions that are precise, effective and operational. 
 
2. The stress laid down in Paragraph 4 of Annex E for the NGTF to move into "focused 
drafting mode … so as to allow for a timely conclusion of text-based negotiations on all aspects 
of the mandate" clearly indicates that the negotiations must be on all
 parts of the mandate – i.e. 
this would include those parts of the negotiating mandate reflected in Paragraphs 5, 6 and 7 of 
Annex E as well. TN/TF/W/95 
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  3. This means that in order for the TF negotiati ons to proceed in a logical and sequential 
manner, the mandates reflected in Paragraphs 5 to 7 of Annex E must be effectively complied with 
and accomplished.  Paragraphs 5 to 7 of Annex E (with respect to TF needs and priorities and cost 
implications, TA&CB, and SDT) form the prem ise or foundation for ensuring that a negotiated 
outcome is mutually acceptable and beneficial to all African Members.  
 The objective of this paper is aimed at providing illustrative examples on what TA&CB elements and SDT in TF should include. 
 
 
II. THE KEY ELEMENTS FOR TA&CB SHOULD INCLUDE:  
- Establishment of a clear and precise diagnosis of  the situation in hand in each concerned 
country and addressing factors that might otherwise compromise the success of domestic 
implementation. 
 - Designing well targeted technical assistance and capacity building programs; ensuring that 
their different components are mutually supportive. 
 - Setting of benchmarks verifying that all neces sary steps are taken for achieving the expected 
benefits. 
 
- Support and assistance during the trade facilitati on negotiations.  One way to do this is 
through inviting capital-based experts to assist  Geneva-based negotiators as well as training 
officials in the trade facilitation area. 
 - Support and assistance to help developing and least-developing countries implement the 
commitments resulting from the negotiations, with particular attention to needs of SME's. 
 
- Sstrengthening programmes to promote investme nt with a view to building domestic trade 
facilitation capacity. 
 
- Technical assistance to overcome sub-regiona l divides and to facilitate integration. 
 - Better targeting aspects of cooperation betw een border agencies of concerned countries. 
 
- Avoiding inconsistencies throug h a better coordination of TA& CB interventions related to 
trade facilitation stricto sensu  with related issues in the area of customs valuation, rules of 
origin, import licensing or sanitary controls. 
 - Make provision for post-implementation support. 
 
- Incorporate adequate provision for shor t- and long-term in-country advisors. 
 
- Adequate long-term re-sourcing and access to su stainable funding which include mechanisms 
for the provision of additional support and l ong-term funding provisions  with particular 
attention to the use of communication and information technology-based interventions. 
 -  Monitoring mechanism on whether TA&CB is adequate and whether Members are fulfilling 
their obligations, and developed-country Members shall notify the WTO that they have 
implemented the technical assistance measures contained in provisions. 
    TN/TF/W/95 
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  - Developed-country Members shall set "benchma rks" which they shall meet on financial and 
technical cooperation designed to strengthen  the capacity of developing countries. 
 - Coordination and coherence betw een relevant organizations in the area of trade facilitation. 
 
- 
Developed countries, in cooperation with the World Bank, IMF, WCO, UNECE, 
UNECA, ITC and other international organizations, need to assist with technical and 
financial assistance needed to build trade facilitation infrastructure.  
 
III. THE ELEMENTS TO BE INCLUDED AS SDT  
A. HOW SHOULD FLEXIBILITY BE MAINTAINED ? 
- Acceptance of the principle implying flexibility for all developing countries and commitments 
to fit the specific circumstances of different countries. 
 
- Due respect for policy space and the level of development of individual Members. 
 - Setting non-binding and long-term objectiv es for trade facilitation and rule setting. 
 - A country specific approach that would make  implementation of any new rules a matter of 
national priority.  This implies that any ne w rules would be implemented only when this 
conforms with or supports the attain ment of national development objectives. 
 - Future commitments should not be part of the single undertaking and should exclude the 
 dispute settlement mechanism, i.e. they  should be "best-endeavour commitments". 
 
B. GATS-T
YPE COMMITMENTS  
 Non-exhaustive illustrative list of samples:  
 - Extend the GATS "positive list" approach, maki ng certain obligations applicable only when 
developing countries have the capacity to implement them.  
 
- Allowing developing countries to undertake fewe r or limited obligations as long as this does 
not impose significant financial burden, i.e. opt-out possibility from applying negotiated 
disciplines. 
 - Link shall be made between implementati on of new commitments and the provision of 
TA&CB. 
 - Allowing opt -outs for resource intensive agreements.  - When countries surpass thresholds or meet  the criteria required, significant longer 
implementation should be incorporated to give such countries policy space. 
 - The principle of progressivity should be adopt ed, meaning that a developing country should 
enter into a commitment only after a certain be nchmark is achieved indicating its ability to 
implement a commitment and indicating that th e TA&CB obligations by developed countries 
have been met. 
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  - Commitments are made on an individual country basis rather than expressing a set level for 
developing countries as a group. 
 - Provision for flexibility and more favourable treatment to developing countries in regional 
groupings. 
 
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