. /.  WORLD TRADE  
ORGANIZATION  TN/TF/W/14 
4 February 2005 
 (05-0474) 
Negotiating Group on Trade Facilitation Original:   English 
  
 
COMMUNICATION FROM THE UNITED STATES 
  
 The following communication, dated 4 February 20 05, is being circulated at the request of the 
United States. 
 
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FEES 
 
 
I. PROPOSAL 
X Establish specific parameters for fees char ged by Members under Article VIII of GATT 1994. 
 X Publish such fees on the Internet and notify to  the WTO within a specified number of days in 
advance of implementation.  
 
II. IMPROVEMENT AND CLARIFICATION 
1. This proposal would bring clarification and improvement to GATT Article VIII through (1) 
specific disciplines regarding the use of fees,  and (2) enhancements in transparency. 
III. EXPERIENCE  
2. The fees charged by Members as referenced in  GATT Article VIII can add considerably to 
the costs associated with a transacti on.  Traders, and particularly sm all- and medium-sized companies, 
need to have ready access to determine applicable f ees before entering into a commercial transaction.  
Learning of such fees only at the time of importation or exportation can significantly upset the balance struck in a particular commercial transaction.  In this manner, lack of transparency leads to 
uncertainty, which can result in a significant market access barrier. 
3. The United States believes that the complex ities of import and export formalities that 
currently face traders could be reduced through a cl arification of the parameters of their use and 
application, further ensuring that such fees are "lim ited in amount to the approximate cost of services 
rendered".  In addition, uncertainty regarding fees could be eliminated if they were published on the 
Internet and if all new or increased fees or charges,  or changes in the products subject to such fees or 
charges, were published on the Inte rnet within an established time fra me before being imposed.  Such 
publication should include the amount of fees, when they must be paid, which entity assesses the fee 
or charge, and how payment can be made. 
4. The importance of fees as a border facilitati on issue has been discussed by WTO Members, 
and has been addressed in various submissions.  Mo re detailed discussion is available in submissions 
made during prior WTO work on Trade Facilitation (e.g., G/C/W/400 – S ubmission from the United TN/TF/W/14 
Page 2  
 
 States of America ; G/C/W/407 – Communication from the WCO ; G/C/W/398 – S ubmission of Hong 
Kong, China ;) G/C/W/394 – S ubmission of the European Communities ). 
IV. COSTS 
5. The implementation of this proposed commitmen t would be a matter of regulatory approach, 
and would not itself result in additional significant co sts.  As a general matter, administrative resource 
savings are an expected result from initiatives to increase transparency, and experience also shows 
that increases in certainty for importers regarding th e application of duties, fees and other charges also 
generally results in increases in revenue collection. 
V. SPECIAL AND DIFFERENTIAL TREATMENT 
6. The United States looks forward to working with Members to examine the question of 
whether appropriate transition mechanisms would be necessary to address particular needs.  However, 
we also note that difficulties related to fees are a particularly significant problem facing exports from 
developing-country Members to other developing-country markets. 
VI. TECHNICAL ASSISTANCE AND CAPACITY BUILDING 
7. As noted earlier, the United States has experience in providing assistance related to improving 
transparency through the use of the Internet.  Ce rtain International Organizations may also have 
experiences from which Members can draw as negotiations progress regarding the operation and efficacy of fees applied to imported goods. 
VII. PROPOSED NEXT STEPS IN NEGOTIATIONS 
X Members work together to refine a specific descri ption of the elements related to fees for 
Internet publication (e.g., amount of fees, how fees are calculated, government authority 
assessing the fee, when and how payment must be made).  
 X Members develop specific parameters for application of fees.  X Members work together to develop a method and means for undertaking a diagnosis of 
individual Members’ situation regarding Internet  publication of applicable fees, including an 
assessment of time and resources need ed for full implementation. 
 X Members exchange experiences on implementation and technical assistance, and develop a 
path by which every Member can ultimately ac hieve full implementation of the proposed 
commitment, also taking into account, as  appropriate, the work of International 
Organizations. 
 
 
 
 
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