WORLD TRADE  
ORGANIZATION  TN/TF/W/131 
7 July 2006  
 (06-3303) 
Negotiating Group on Trade Facilitation Original:   English 
 
 
 
COMMUNICATION FROM MONGOLIA, NORWAY, SOUTH AFRICA, AND 
SWITZERLAND 
 
 
  The following communication, dated 6 July 2006,  is being circulated at the request of the 
Delegations of Mongolia, Norway, South Africa, a nd Switzerland.  Mongolia, Norway, South Africa, 
and Switzerland reserve the right to revise, supplement or withdraw this proposal according to the 
results of further examinations.  
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THE USE OF INTERNATIONAL STANDARDS 
 
 
1. Following previous communications on standardizat ion in the field of trade facilitation, e.g., 
TN/TF/W/85 presented by the delegations of Chile , Korea, Norway, and Switzerland, we hereby 
submit for consideration a textual proposal  on the use of international standards. 
I. OVERVIEW AND EXPLANATION OF THE PROPOSAL 
2. The present proposal is based on the following premises: 
(a) Members shall use relevant international standards as the basis  for their import, 
export and transit procedures.  National procedures that are in conformity with 
international standards are presumed to be in conformity with the "Agreement on 
Trade Facilitation"
1 and relevant provisions of the GATT 1994.  Harmonization is 
thus encouraged. 
(b) We suggest some limited exceptions.  Th e exceptions refer to existing exception 
provisions under the GATT and TBT.2 
  
                                                 
1 The proponents have for the purposes of this document used the term "Agreement on Trade 
Facilitation" to cover the universe of suggested changes in the ongoing negotiations on Trade Facilitation.  This 
is without prejudice to the name(s) of the instrument or instruments that will finally evolve, and is not an indication of a final position of the proponents of this document in that respect.  
2 We refer in particular to GATT Articles XX an d XXI, and to Articles 2.2 and 2.4. of the TBT 
Agreement. TN/TF/W/131 
Page 2 
 
 
  (c) Members should be encouraged to participate  in the work of international 
organizations active in the field of trad e facilitation, to promote within these 
organizations the development and peri odic review of relevant standards.3  A n  
indicative list of such organizations is attached as an Annex to the suggested 
provisions.4  This will facilitate the unders tanding and the updating of such 
instruments in the relevant international or ganizations where standards are developed.  
(d) The way the use of international standards is dealt with in this communication does 
not modify Members' implementation of intern ational obligations.  As an example, no 
accession to other5 international Conventions or Treaties is required. 
(e) The majority of the principles contained in the international instruments listed in the 
Annex to the suggested provisions are current practice in the bulk of Members who have implemented measures in the various areas of the future Agreement. 
(f) It is not
 suggested that the WTO develop standards,  as this is better left to the relevant 
international organizations.   
(g) Through the obligation to " use international standards as the basis for " - but not  to 
"incorporate international standards into " – national regulations, it will not be the 
WTO or the Dispute Settlement System th at overtakes the role to interpret those 
international standards.  The question for the WTO will be whether an international 
standard was used as the basis for the na tional regulation, or whether there was a 
legitimate reason to depart from that obliga tion, not to interpret the details of the 
underlying international standard.  In this  respect the proposal follows closely the 
model already employed in the TBT Agreement.  
(h) The scope of the general obligation to u se international standards as the basis for 
national rules and regulations in the field of trade facilitation shall extend to those 
obligations covered by the new Agreement on Trade Facilitation. 
(i) The present proposal for a general obligation does not exclude that other Members 
may suggest more specific use of a partic ular existing international standard in 
respect of particular provisions of a new Agreement on Trade Facilitation. 
(j) The co-sponsors suggest that the institu tional aspects such as the establishment of 
mutually supportive relationships with other international intergovernmental 
organizations, the implementation of the pr ovisions of this Agreement in line with 
these organizations' ongoing work, the peri odic review of the provisions in the 
agreement, etc., be addressed horizontally by the NGTF when discussing the functions of a Trade Facilitation Committee. 
 
                                                 
3 A similar obligation to participate in the work of international organizations developing standards  
exists currently under  (i) the SPS Agreement, see SPS Artic le 3.4;  and under  (ii) the TBT Agreement, see TBT 
Article 2.6.  We also refer to the participation by Members in the two technical committees established in 
cooperation with the Customs Cooperation Council (WCO) under the two agreements regarding  (i) Rules of 
Origin, see Agreement on Rules of Origin Article 2 and An nex I;  and  (ii) Customs Valuation, see CV Article 
18 and Annex II.  Although these technical committees do not have standardization as their primary function, their uniform recommendations on the application of those agreements can help promote standardization. 
4 An example from an existing Agreement can be fo und in the SPS Agreement, Annex A, paragraph 3. 
5 Other than WTO.  TN/TF/W/131 
Page 3 
 
 
  (k) The co-sponsors also suggest that the question of possible deferred implementation of 
this requirement for developing countries be addressed horizontally.  This applies 
likewise to technical assistance and capacity building to review the requirements, including through assistance by relevant in ternational agencies such as the WCO and 
the World Bank. 
II. TEXTUAL PROPOSAL 
3. Below we suggest an Article setting out the general principle, coupled with an Annex with 
definitions.  This Article should be placed in the Ag reement in a way which makes clear that it applies 
to all obligations covered by the new Agreement.   We do not yet suggest language for a preamble 
paragraph.  However, if Trade Facilitation should be subject to an Agreement, then it would seem 
appropriate to include a paragraph in the Preamble  describing the aim of using international 
standards, by stating their positive effect and impor tance to trade facilitation, and by recognizing the 
work of those international organi zations engaged in developing them  (cf. the Mandate in the July-
2004 Framework, paragraph 9).  
Article [Use of International Standards]
 
1. Members shall use relevant international st andards or parts thereof as a basis for their 
laws, regulations and administrative procedur es that lay down requirements for formalities 
and procedures in connection with importation, e xportation, transit or with the international 
transfer of payments therefore.6 
2. In addition, where regional standards exis t and would be a more appropriate means to 
facilitate international trade, Members of that region are encouraged to use them or relevant 
parts thereof as a basis for their laws, regula tions and administrative procedures as provided 
for in paragraph 1. 
3. Paragraph 1 does not apply where relevant international standards or relevant parts 
thereof would be inappropriate or ineffectiv e to achieve the legitimate objectives set out inter 
alia in GATT Articles XX and XXI; the preventio n of deceptive practices, or where such a 
relevant standard would pose f undamental technological problems. 
4. With a view to facilitating international tr ade, 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 releva nt to the operation of this 
Agreement.  
Annex to Article [Use of  International Standards]  
 1. International standards, guidelines and recommendations 
(a) For the purposes of this Agreement, th e term "international standards" shall 
be understood to refer [ inter alia ] to [a selection of] standards, guidelines and 
recommendations being parts of Intern ational Conventions or Agreements 
related to facilitating international trade and administered by relevant 
International intergovern mental organizations. 
 
                                                 
6 This relates in particular to formalities and procedures applied by customs and other agencies 
involved in border crossing activities. TN/TF/W/131 
Page 4 
 
 
  (b) For the purposes of this Agreem ent, the "relevant international 
intergovernmental organizations " refers [in particular] to: 
(i) Customs Cooperation Council (World Customs Organization – 
WCO) 
(ii) United Nations Organizations Centre for Trade Facilitation and 
Electronic Business (UN/CEFACT). 
(iii) ... (iv) [list to be developed]. (vi) For matters not covered by the above organizations other relevant 
international organizations open to a ll Members, as identified by [the 
Committee]. 
(c) [For the purposes of this Agre ement, "standards, guidelines and 
recommendations" refer to the following: 
(i) International Convention on the Simplification and Harmonisation of 
Customs procedures (Revised Kyoto Convention) and its guidelines. 
(ii) International Convention on th e Harmonized Commodity Description 
and Coding System (HS Convention). 
(iii) Convention on the Temporar y Admission of Goods (Istanbul 
Convention)] or the Customs Convention on the ATA carnet for the temporary admission of goods (ATA Convention). 
(iv) UN/CEFACT Trade Facilitation Recommendations related to the 
world standard of internati onal trade data and documents. 
(v) ... (vi) [list to be developed]. (vii)  As appropriate other standa rds, guidelines and recommendations 
promulgated by other relevant inte rnational organizations open to all 
Members, as identified by [the Committee]. 
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