WORLD TRADE  
ORGANIZATION  TN/TF/W/166 
15 December 2009 
 
 (09-6516) 
Negotiating Group on Trade Facilitation Original:   English 
  
 
COMMUNICATION BY THE UNITED STATES 
 
  The following communication, dated 9 December 2009, is circulated at the request of the 
Delegation of the United Sates.  
 
_______________ 
  
TRANSITION PROVISIONS FOR DEVELOPING AND LEAST-DEVELOPED  
COUNTRY MEMBERS 
 
  The following draft text is submitted fo r consideration by the Negotiating Group. 
  
Section [D] 
Transition Provisions 
 
ARTICLE 1 
1. The provisions of sections [A, B and C] above shall be implemented by developing country 
Members and least-developed country (LDC) Member s in accordance with the provisions of this 
section. 
ARTICLE 2:  ESTABLISHING IMPLEMENTATION PERIODS   
1. Upon entry into force of this Agreement,  each developing country Member and each LDC 
Member shall implement the provisions and sub-parts of provisions it has designated in Schedule A.  
Each Member's Schedule A is hereby made an integral part of this Agreement. 
2. With respect to those provisions or subpart s of provisions that it has not designated in 
Schedule A, a developing country Member or LDC Member may delay implementation of such 
provisions or sub-parts of provisions in accordance with the process set forth in this paragraph.  
(a) No later than [90] days after entry into fo rce of this Agreement, each Member shall 
notify to the Trade Facilitation Committee in draft Schedule B/C an indicative time 
period for implementation of each provision or  sub-part of a provision that is not 
designated in Schedule A.
1   
(b) No later than [300] days after entry into  force of this Agreement, the Member 
concerned shall notify to the Trade Fac ilitation Committee in final Schedule B/C the 
definitive time period for implementation of each provision or sub-part of a provision.   
                                                      
1  The format for Schedule B/C is set forth in [Annex 1].  TN/TF/W/166 
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(c) A Member does not notify a time period for a provision or sub-part of a provision in 
final Schedule B/C, the Member shall implement that provision or sub-part of a provision within [one year] after en try into force of this Agreement. 
(d) Notifications submitted in draft and final Sc hedule B/C may also include such further 
information as the notifying Member deems appropriate.  Members are encouraged to 
provide information on the domestic agency responsible for implementation and, for 
those provisions or sub-parts of provisions for which a Member considers that technical assistance and capacity building is required, the donor agency with which 
the Member has an agreement to provide assistance. 
(e) Members experiencing difficulties in submitting indicative and definitive time 
periods under sub-paragraphs  (a) and (b) within the deadlines set forth therein 
because of the lack of a donor should notify the Trade Facilitation Committee of those difficulties as early as possible prior to the expiration of those deadlines.  
Members agree to cooperate to assist in  addressing such difficulties, taking into 
account the particular circumstances and special problems facing the Member 
concerned.  The Committee may take appr opriate action to address the difficulties, 
including, where necessary, extending the d eadlines under sub-paragraphs (a) or (b) 
for the Member concerned.   
(f) [One year] after entry into force of this  Agreement, and then 60 days after an 
extended deadline established under subparagr aph (e), the Committee shall meet to 
ratify each Member's final Schedule B/C.  Upon ratification, each Member's Schedule 
B/C will become an integral part of this Agreement. 
ARTICLE 3:  EARLY WARNING MECHANISM  
1. A developing country or LDC Member experi encing difficulty in implementing a provision or 
sub-part of a provision by the date set forth in Sc hedule B/C may, no later than [X] days before that 
date, request that the Committee extend the time pe riod for implementation of that provision or sub-
part of a provision.  The request shall include the additional time requested and the reasons for the 
request.  Such reasons may include the need  for assistance where not earlier anticipated. 
2. The Committee shall give sympathetic considera tion to requests under paragraph 1, and may 
decide to grant the extension for good cause.  Good cause may include difficulties and delays in 
obtaining assistance.   
ARTICLE 4:  TRADE FACILITATION COMMITTEE ACTIVITIES RELATING TO 
IMPLEMENTATION 
1. In addition to its responsibilities under Artic les 2 and 3, the Trade Facilitation Committee 
shall provide a forum for discussions on t echnical assistance and capacity building during 
implementation periods, including sharing expe riences and information on ongoing assistance and 
implementation programs, including challenges and successes. 
2. Members shall submit to the Committee the followi ng information, or internet references that 
provide the following information.  
(a) For Members assisting developing and LDC Members with implementation through 
bilateral channels: a contact point or points for facilitation of assistance; and 
information on the process to request assistance.  TN/TF/W/166 
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 (b) For developing country and LDC Members: a contact point or points for the office 
responsible for coordinating and prioriti zing assistance and arranging assistance with 
donors. 
(c) Because assistance will primarily be arranged within the country or region where the 
assistance is to be provided, the contact information provided under (a) and (b) should normally be provided for donor and partne r officials in that country or region.   
3. Members shall update the information in para graph 2 as necessary.  The Secretariat shall 
make this information easily accessible to Members. 
4. A Member assisting developing and LDC Member s with implementation should submit to the 
Trade Facilitation Committee information on technical and financial assistance and capacity building 
provided to Developing Country Members and LDCs in  relation to the Trade Facilitation Agreement.  
Members should update this information as necessary. 
5. The Committee may invite International Organiza tions to submit the information referred to 
in subparagraph 4. 
ARTICLE 5:  DISPUTE SETTLEMENT INVOLVING DEVELOPING COUNTRY AND LDC 
MEMBERS 
1. For two years after entry into force of th is Agreement, Articles XXII and XXIII of the GATT 
1994 shall not apply to the settlement of disput es arising under any provision or sub-part of a 
provision of this Agreement listed in Schedule A of  a Member with respect to a measure of that 
Member.  Each Member shall nevertheless provide adequate opportunity for c onsultation with respect 
to any issue relating to the implementation of this Agreement.  
2. Before making a request for consultations pursuant to Artic les XXII or XXIII, and at all 
stages of dispute settlement procedures with regard to a measure of an LDC Member, a Member shall 
give particular consideration to the special situati on of LDC Members.  In this regard, Members shall 
exercise due restraint in raising matters under dispute settlement procedures involving an LDC 
Member. 
3. The Committee shall encourage and facilitate  ad hoc consultations or negotiations among 
Members on specific issues relating to trade facilitation, with a view to reaching a mutually 
satisfactory solution promptly.  
ARTICLE 6: TECHNICAL ASSISTANCE AND CAPACITY BUILDING 
1. Members agree to facilitate the provision of  technical assistance and capacity building to 
developing country Members, on mutually agreed  terms and either bilaterally or through the 
appropriate international organiza tions.  The objective of such assistance is to assist developing 
country Members to comply with the Agreement's commitments. 
2. Members shall endeavour to apply the followi ng principles for providing technical assistance 
and capacity building with regard to the implementation of this Agreement: 
(i) Take account of the overall developmen tal framework of recipient countries 
and regions and, where relevant and appropriate, ongoing reform and 
technical assistance programs; TN/TF/W/166 
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(ii) Include, where relevant and appropria te, activities to address regional and 
sub-regional challenges and promote re gional and sub-regional integration; 
(iii) Ensure that ongoing trade facilitation re form activities of the private sector 
are factored into assistance activities;   
(iv) Promote coordination between and among Members and other relevant 
institutions, including regional economic  communities, to ensure maximum 
effectiveness of and results from this assistance.  To this end,  
- Coordination, primarily in the country or region where the assistance is to be 
provided, between partner Members and donors, and among bilateral and 
multilateral donors, should aim to avoid overlap and duplication in assistance 
programs, and inconsistencies in refo rm activities through close coordination 
of technical assistance and capacity building interventions. 
- For least-developed country Members, the Enhanced Integrated Framework 
should be a part of this coordination process.   
- Members should also promote internal coordination between their trade and 
development officials, both in capitals and Geneva, in the implementation of 
the Agreement and technical assistance; 
(v) Encourage use of existing in-country and regional coordination structures 
such as round tables and consultative groups to coordinate and monitor implementation activities; and 
(vi) Encourage developing countries to provide capacity building to other 
developing and least-developed countri es and consider supporting such 
activities, where possible.    TN/TF/W/166 
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  Annex [1] 
Format for Schedule B/C 
 
 
Provision/Sub-part of Provision  
Time Period  
Assistance Required and Other 
Information 
  
 
  
 
  
 
  
 
  
 
  
 
 
 
  
 
  
 
  
 
  
 
   
 
 
 
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