WORLD TRADE  
ORGANIZATION  TN/TF/W/154 
10 March 2008 
 
 (08-1044) 
Negotiating Group on Trade Facilitation Original:   English 
  
 
COMMUNICATION FROM CANADA 
  
 The following communication, dated 10 March 2008, is being circulated at the request of the 
Delegation of Canada. 
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CUSTOMS COOPERATION  
 
  Taking account of recent discussions and other submissions related to cooperation between 
customs and other authorities on trade facilitation and customs compliance, Canada would like to 
submit the following textual language for c onsideration by the Negotiating Group. 
 
 
Textual Proposal
 
 
 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 support of the declared value of imported goods;  
 Recognizing  the importance of protecting commerc ially confidential information in 
safeguarding the commercial interests of traders;   Members may seek assistance from other Me mbers in accordance with the following 
requirements:  
1. A Member shall seek to obtain and review the relevant and necessary documentation from the 
importer respecting the declared value of goods an d 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 may request assistance from the exporting Member on 
mutually agreed terms consistent with  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.   
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 
information.  For greater certainty, the protecti on of commercially confidential information means the TN/TF/W/154 
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  treatment required by Article 10 of the Agreement on Implementation of Article VII of the General 
Agreement on Tariffs and Trade, 1994 . 
6. The requesting Member shall provide the requ ested 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 Memb er conducted the verification required by 
paragraph 1;  
(e) an explanation of why the requesting Member 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 an d assistance, consistent with its domestic 
law and procedures: 
(a) if the requested Member is satisfied with the verification referred to in paragraph 1; 
(b) if the requested Member is satisfied that 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;   
(e) introduce paper documentation where electroni c format has already been  introduced; 
or 
(f) translate into any language the information or documents.  TN/TF/W/154 
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  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 entering 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, that agreement shall prevai l to the extent of the 
inconsistency]. 
 
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