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  WORLD TRADE  
ORGANIZATION  TN/TF/W/123/Rev.3 
6 November 2009 
 (09-5554) 
Negotiating Group on Trade Facilitation Original:   English 
  
 
COMMUNICATION FROM BRAZIL, INDIA, SOUTH AFRICA AND SRI LANKA   
 
Revision
 
  
 The following communication, dated 5 November 2009, is being circulated at the request of 
the Delegation of India on behalf of  Brazil, South Africa and Sri Lanka .  
 
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COOPERATION MECHANISM FOR CUSTOMS COMPLIANCE 
  
 The following revised textual proposal is submitted by Brazil, India, South Africa and 
Sri Lanka for consideration of the Negotiating Gr oup.  It revises the textual proposal submitted under 
TN/TF/W/123/Rev.2 taking into account the discussions in the Negotiating Group. 
1. Members shall, upon request, exchange informa tion and/or documents on matters such as HS 
classification, description, quantity, country of or igin and valuation of goods in identified cases of 
import or export, where there is reason to doubt the truth or accuracy of a declaration filed by the importer or exporter. 
2. A Member making the request shall ensure that, [to the extent possible], all appropriate 
internal verification has been undertaken including, inter alia , verification of the status of the 
importer/exporter and inspection of the relevant documents made available to or obtained by the 
customs administration.  
3. A Member making the request shall provide a brief summary of the case in respect of which 
information is sought including the reasons for doubting the truth or accuracy of the declaration made 
before it; the results of verification made; and, specify the information and documents required. 
4. The requested Member shall: 
(a) provide information only to the extent  it is available in the import or export 
declaration(s); 
 
(b) if requested, provide documents filed in  support of a goods declaration, such as 
commercial invoice, packing list, certificate of origin and bill of lading, in the form in which these are filed, whether paper or electronic;  
(c) confirm that the documents provided are true copies of the documents submitted by 
the importer/exporter [and accepted by the requested Member];  and 
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  (d) provide the information, to the extent possible, within a period of [90] / [60] days 
from the date of receipt of the request. 
 
5. Such exchange of information or doc uments shall not require Members to: 
 (a) modify the format of their import or export declarations or their procedures; 
 (b) call for documents other than tho se filed with the goods declarations; 
 (c) modify the period of retention of such information or documents;  or   (d) introduce paper documentation where electr onic format has already been introduced. 
6. Any information or documents exchanged shall be  treated as strictly confidential and shall not 
be disclosed to any third party except to the extent  required in administrative or judicial proceedings. 
Such information or documents shall not be u sed in a criminal proceeding unless specifically 
authorized by the requested Member. 
[Any information or documents exchanged on matters  mentioned in paragraph 1 which are by nature 
confidential or which are provided on a confidential basis shall be treated as strictly confidential by 
the authorities concerned who shall not disclose it to any third party without the specific permission of 
the government providing such information or documen ts, except to the extent that it may be required 
to be disclosed in the context of judicial proceedings.]  7. Each Member shall designate and notify to the WTO an agency [or a contact point] within its 
administration for exchange of information and documents. 
8. The request for information or documents shall be  made in one of the three official languages 
of the WTO or in a language mutually acceptabl e to the requesting and the requested Member. 
9. The request for information or documents sh all not be made later than [two years]  after the 
importation or exportation of the goods. 
10. A Member shall not make more than [X] re quests for information and documents from 
another Member in a calendar year. A requested Me mber shall respond in writing, whether paper or 
electronic means, to a request made pursuant to this proposal. 
[A requested Member may postpone or refuse provi ding more than [X] requests for information and 
documents from another Member in a calendar year.] 
11. The requesting Member should inform the requ ested Member about the result of the exchange 
of information if there was a request from the latter to provide so. 
12. Information or documents exchanged shall not be used for purposes other than that for which 
it was sought, unless the requested Member agrees otherwise. 
13. Notwithstanding other provisions of this communication, a requested Member may postpone 
or refuse providing information if the provision of such information would interfere with an ongoing administrative or judicial investigation, prosecution or proceeding. 
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