WORLD TRADE  
ORGANIZATION  TN/TF/W/116 
7 June 2006 
 (06-2718) 
Negotiating Group on Trade Facilitation Original:   English 
 
 
 
COMMUNICATION FROM JAPAN AND MONGOLIA 
  
The following communication, dated 2 June 2006, is being circulated at the request of the 
Delegations of Japan and Mongolia.  
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PROPOSALS ON APPEAL PROCEDURES 
 
 
1. The following textual proposal is submitted by Japan and Mongolia for consideration by the 
Negotiating Group. It is closely based on the propo sals on publication and availability of information 
made in the joint communication TN/TF/W/97 of 10 May 2006 and takes account of the discussion 
and other submissions on this issue in the Negotiating Group.  
2. We acknowledge that some provisions require transitional implementation by developing-
country Members because of their lack of capacity to meet the obligations.  However, several core 
elements such as publication of trade-related law and regulations in accordance with Article X of 
GATT 1994 should be implemented by all the Members immediately upon the entry into force of the 
Trade Facilitation Agreement because of  the basic nature of such provi sions and the fact that the new 
agreement does not add any new obligations to the current system of GATT 1994.  Similarly, we 
believe that national treatment, most-favoured-n ation treatment, general and security exceptions 
provided for in Articles I, III, XX, and XXI of GATT 1994 should apply to all the Members immediately even if those concepts are not stipul ated in the new agreement.  The following is an 
example of text which explicitly incorporates Articles XX and XXI of GATT 1994 into the new 
agreement: 
With regard to general and security exceptions, the provisions of Articles XX and XXI of 
GATT 1994 shall apply. 
 
3. Please note that the textual proposal of the S&D pr ovisions in this paper is merely preliminary 
and that this paper lacks the TA&CB provisions.  We recognize the need to have an intensive 
discussion to reach a consensus on how to specifi cally elaborate the S&D treatment and TA&CB 
based on communications from Members such as TN/TF/W/81, TN/TF/W/82 and TN/TF/W/95 once 
the Negotiating Group comes up with a certain level of obligations clarified or improved through the 
negotiations.  
 
 
./. TN/TF/W/116 
Page 2 
 
 
  Textual proposals  
 
I. APPEAL PROCEDURES 
A. RIGHT OF APPEAL  
1. The legislation of each Member shall ensure th at traders have the right of appeal, without 
penalty, against rulings and decisions by customs and other relevant border agencies concerning the 
specific importation, exportation, and transit of go ods conduced by them.  The appeal may be initially 
heard by the same agency or its supervisory author ity prior to a review by separate and independent 
judicial, arbitral, or administrative tribunals. 
B. TRANSPARENCY  
2. Members shall ensure that appeal procedures ar e carried out in a non-discriminatory manner, 
and that information concerning such procedures is made available to traders.  Traders shall be 
allowed to be represented at all stages of a ppeal procedures by independent legal counsel. 
C. STANDARD PERIOD  
3. Members shall ensure that customs and other relevant border agencies set out a standard 
period for their review and correction of decisi ons and rulings under the appeal procedures. 
D. OPPORTUNITIES TO RAISE COMPLAINTS  
4. Members shall ensure that customs and other re levant border agencies a fford opportunities for 
traders to raise complaints concerning rulings and decisions in an informal and convenient manner 
prior to the commencement of the appeal procedur es.  The relevant agencies shall, upon request, 
inform the traders of reasoning of the rulings a nd decisions including applie d laws and regulations. 
E. SPECIAL AND DIFFERENTIAL TREATMENT  
5. [Developing-country Members shall not be require d to apply the provisions of paragraphs 3 
and 4 for a period of [ ] years from the date of a pplication. [Members or a newly established body] 
shall, upon duly motivated request by a developing- country Member, accord extensions of this period. 
6. Least-developed country Members shall not be required to apply the provisions of 
paragraphs 3 and 4 until their acquisition of the necessary capacity to implement such provisions.] 
 
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