. /.   WORLD TRADE  
ORGANIZATION  TN/TF/W/115/Rev.1 
2 October 2007 
 (07-4172) 
Negotiating Group on Trade Facilitation Original:   English 
 
 
 
COMMUNICATION FROM HONG KONG, CHINA, JAPAN, 
KOREA, MONGOLIA AND SWITZERLAND 
 
Revision  
 
 
 The following communication, dated 1 October 2007, is being circulated at the request of the 
Delegations of Hong Kong, China, Japan , Korea, Mongolia and Switzerland. 
 
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PROPOSAL ON PRIOR PUBLICATION AND CONSULTATION 
  
1. The following textual proposal is submitted by Hong Kong, China, Japan, Korea, Mongolia, 
and Switzerland for consideration by  the Negotiating Group.  It is closely based on the proposals on 
prior publication and consultation made in the joint communication TN/TF/W/102 of 10 May 2006 
and takes account of the discussion and other submis sions 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. The co-sponsors propose that S&D treatment and TA & CB be taken forward through the 
development of a horizontal mechanism that woul d take account of the needs, priorities, and 
implementation capacities of developing and least-d eveloped Members in relation to commitments.  
A number of relevant submissions on these issues ha ve been made to the Negotiating Group on Trade 
Facilitation from Members such as TN/TF/W/81, TN/TF/W/82, TN/TF/W/95, TN/TF/W/137, 
TN/TF/W/142 and TN/TF/W/147.  
 
 TN/TF/W/115/Rev.1 
Page 2 
 
 
  Textual Proposals  
 
A. P RIOR PUBLICATION AND CONSULTATION  
1. Prior Consultation 
 Except in urgent circumstances and other lim ited exceptions which are made public, Members 
shall afford, within the competence of their respective government, appropriate opportunities to 
interested parties within their te rritories to comment on proposed introduction or amendment of trade-
related laws, regulations and admi nistrative rulings of general application.  Members shall provide 
information of their policy objectives pursued and allow reasonable period for interested parties to 
submit comments.  
 
2. Prior Publication 
 Except in urgent circumstances and other lim ited exceptions which are made public, Members 
shall ensure, within the competence of their r espective government, that a reasonable interval is 
provided between the publication of new or amended laws, regulations and administrative rulings of 
general application, or their drafts or summaries, and their entry into force in such a manner as to 
allow traders to become acquainted with and well prepared for the compliance with them.  
 
3. Regular Consultation  
 Members shall hold regular consultations between  border agencies and traders within their 
territories. 
 
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