. /.   WORLD TRADE  
ORGANIZATION  TN/TF/W/103 
10 May 2006 
 
 (06-2287) 
Negotiating Group on Trade Facilitation Original:   English 
  
 
COMMUNICATION FROM INDIA 
  
 The following communication, dated 9 May 2006, is being circulated at the request of the 
Delegation of India. 
 
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COOPERATION MECHANISM FOR CUSTOMS COMPLIANCE 
 
 
1. India submits the following specific elements  for commitment for a multilateral cooperation 
mechanism for exchange of information between cu stoms administrations of Members pursuant to the 
proposal submitted under document TN/TF/W/68.  
I. ELEMENTS FOR COMMITMENT  
• Exchanging specific information upon request. 
• Exchange of specific information shall rela te to matters such as HS classification, 
quantity, full and accurate description, count ry of origin and valuation of goods. 
• Such exchange shall be in identified cases where there is reason to doubt the truth or 
accuracy of the declaration filed by the importer or exporter.   
• The request for information shall be limited to  the data elements already contained in 
the import or export declaration.   
• In appropriate cases, exchange shall also be of document(s) filed in support of goods 
declaration such as commercial  invoice, packing list, certificate of origin and Bill of 
Lading.  
• The exchange of information shall incl ude confirming authenticity of supporting 
document(s). 
II. METHODOLOGY OF EXCHANGE  
• The requesting Member before making a request shall carry out necessary internal 
verification to satisfy itself that there are reasons to doubt the truth or accuracy of any 
element in the declaration. 
• Exchange of information shall be throu gh a centralized agency designated by each 
Member’s Customs administration and notified to the WTO.   TN/TF/W/103 
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  • Documents exchanged may be original, cer tified or authenticated copy. Original 
documents shall be exchanged in cases where the courts of law require them. 
• While making the request, the designated cen tralized agency shall confirm that all 
necessary internal checks have been carried  out within the country of import or 
export. 
• The request for information shall be in one of the three official languages of the WTO 
and can be in writing or by electronic means to be later confirmed in writing.   
• The request for information shall include brief details of the case, reasons for 
doubting the truth or accuracy of the declaration, results of internal verification carried out, and the details of informati on required from the requested Member.   
• Such requests shall be made not later than two years after the importation or 
exportation of the goods in question.  
• Requested Member shall provide the request ed information, preferably within a 
period of 90 days.   
• Information so exchanged shall be subject to  a confidentiality clause, namely, that the 
information supplied shall not be disclosed  by the requesting Member to any third 
party except to the extent required in judicial proceedings.   
• Information obtained under this mechanism shall be afforded the same degree of 
confidentiality by the requesting Member that  it applies to similar information in its 
custody.   
• Exchange of information shall not be deni ed merely on the ground of confidentiality 
as the elements of information identified for exchange are required to be declared to 
the requested and the requesting Member in the ordinary course of importation or 
exportation of goods. 
III. TECHNICAL ASSISTANCE AND CAPACITY BUILDING  
2. Retrieval of requested information will be ge nerally from the data and documents already 
available with the Customs.  Technical assistance need s in this area are not likely to be significant as 
such cooperation can be effected through the existing administrative set up of the customs 
administrations. However this issue can be further considered if such need is projected by any 
Member.   
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