WORLD TRADE  
ORGANIZATION  TN/TF/W/155/Rev.2 
3 August 2009 
 
 (09-3759) 
Negotiating Group on Trade Facilitation 
 Original:   English 
 
 
 
COMMUNICATION FROM HONG KONG CHINA, JAPAN, MONGOLIA, NORWAY, 
SWITZERLAND AND TURKEY 
 
Revision  
 
  The following communication, dated 31 July 2009, is being circulated at the request of the Delegations of Hong Kong China, Japan, Mongolia, Norway, Switzerland and Turkey 
 
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PROPOSAL ON PUBLICATION AND AVAILABILITY OF INFORMATION 
 
 
 The following revision of the textual propo sal TN/TF/W/155/Rev.2 is submitted by Hong 
Kong China, Japan, Mongolia, Norway, Switzerland a nd Turkey for consideration by the Negotiating 
Group.  It takes account of the discussions and ot her submissions on this issue in the Negotiating 
Group.  
Textual Proposal
 
 
I. PUBLICATION AND AVAILABILITY OF INFORMATION 
1. In meeting its obligation unde r paragraph 1 of Article X of GATT 1994, a Member shall 
promptly1 publish, in a non-discriminatory and convenient manner, in order to enable interested 
parties to become acquainted with them, inter alia: 
(a) Its importation, exportation or transit procedures2 (including port, airport, and other 
entry-point procedures and re quired forms and documents); 
(b) Rate of duties and taxes imposed on or in connection with importa tion or exportation 
(including applied duty rates); 
(c) General rules for customs valuation, classi fication of products for customs purposes 
[as well as examples of such valuations and classifications]; 
                                                      
1 The paragraphs of proposals TN/TF/W/115/Rev.1 and TN/TF/W/132/Rev.1 concerning prior 
publication provide further clarification of the term "promptly". 
2 Including procedures carried out on behalf of the Government by third parties. TN/TF/W/155/Rev.2 
Page 2  
 
  (d) Import, export or transit restrictions or prohibitions; 
(e) Its fees and charges, imposed on or in connection with importation, exportation or 
transit procedures
3; 
(f) Penalty provisions against breaches of import, export or transit formalities; 
(g) Appeal procedures;  
(h) Agreements or parts thereof with any country  or countries relating to the importation, 
exportation or transit. 
II. INTERNET PUBLICATION 
2. Recognizing that electronic means of publicatio n are usually the most cost effective and 
easily accessible, each Member shall make availa ble and keep current on one or more publicly 
accessible websites: 
(a) A description of its import, export and transit procedures4, that informs traders of the 
practical steps needed to import and export, and for transit, including appeal procedures; 
(b) The forms and documents required for importa tion into, exportation from, or transit 
through the territory of that Member, as well as electronic links to them, where 
applicable. 
3. The language of publication for the description refe rred to in paragraph 2(a) shall, whenever 
practicable, be one of the official languages of the WTO. 
4. Members are encouraged to publish fu rther information on their websites 
III. AVAILABILITY OF ENQUIRY POINTS 
5. Each Member shall ensure that at least one or more enquiry points exist(s).  Enquiry points 
shall answer all reasonable enquiries on the issues c overed by paragraph 1 from interested parties as 
well as provide the required forms re ferred to in paragraph 1(a). 
6. If a Member requires payment of a fee for enquiries, such fees shall not exceed the 
[approximate] cost of the service rendered.
5 
7. The enquiry points shall reply to enquiries within a reasonable time period set by each 
individual Member. 
                                                      
3 Including procedures carried out on behalf of the Government by third parties. 
4 Including procedures carried out on behalf of the Government by third parties. 
5 This paragraph may be dropped at a later stage if th is aspect is properly dealt with in a cross-cutting 
manner throughout the TF Agreement.  TN/TF/W/155/Rev.2 
 Page 3 
 
 
  8. Members involved in a regional integration ma y establish enquiry points at the regional 
level.6 
IV. NOTIFICATIONS 
9. Each Member shall notify the [Trade Facilitation Committee] of: 
(a) where the items in paragraph 1 (a) to (h) have been published, and in case of 
publications in more than one place, the most conveniently accessible and most likely 
publication that will enable interested parties to become acquainted with the 
materials;  and  
(b) the URLs of website[s] referred to in para graph 2, as well as the contact information 
of the enquiry points referred to in paragraph 5.7 
V. GENERAL RESERVATIONS8 
10. Nothing in these provisions shall be construed as requiring: 
(a) The publication or provision of information ot her than in the language of the Member 
except as stated in paragraph 3;  or 
(b) Members to disclose confidential informa tion which would impede law enforcement 
or otherwise be contrary to the public in terest or would prejudice the legitimate 
commercial interests of particular enterprises, public or private. 
__________ 
 
 
                                                      
6 This paragraph may be dropped at a later stage if th is aspect is properly dealt with in a cross-cutting 
manner throughout the TF Agreement. 
7 This paragraph may be dropped at a later stage if th is aspect is properly dealt with in a cross-cutting 
manner throughout the TF Agreement. 
8 This paragraph may be dropped at a later stage if th is aspect is properly dealt with in a cross-cutting 
manner throughout the TF Agreement.