WORLD TRADE  
ORGANIZATION  TN/TF/W/168 
5 February 2010 
 
 (10-0671) 
Negotiating Group on Trade Facilitation   
  
 
COMMENTS AND TEXTUAL SUGGESTIONS 
 
  This document contains written comments and textual suggestions
1 that were submitted by 
Members for inclusion in the trad e facilitation Draft Consolidated Negotiating Text which is found in 
document TN/TF/W/165. 
    The submissions are from the following Members:  
• China - These comments and suggestions will be in cluded in the next revision of the Draft 
Consolidated Negotiating Text which will be TN/TF/W/165/Rev.1.     
• Singapore - These comments and suggestions have been incorporated in TN/TF/W/165. 
 
 
                                                     
 
1 New comments are in bold and shaded in this document. TN/TF/W/168 
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SUBMISSION FROM CHINA 
 
 
ARTICLE  6:  FEES AND CHARGES CONNECTED WITH IMPORTATION AND 
EXPORTATION 
 
1. Disciplines on Fees and Charges Imposed on  or in Connection with Importation and 
Exportation  
 
1.1 The provisions of this article shall apply to  all fees and charges [including shipping royalties ] 
(Comment:  give a definition in the footnote ) [(other than import/export duties and other than taxes  
[and charges]  within the purview of GATT Article 3)] imposed by customs and other governmental 
agencies, [including those bodies that act on behalf of  governmental agencies].  Such fees and charges 
shall be imposed only for services rendered in conn ection with importation or exportation of goods or 
for any formality required for undertaking such importation or exportation.  
(d) Information on fees and charges shall be published.  This information shall 
include the [reason for the fee or charge  for the service to be rendered,] the 
responsible authority, the fees and char ges that will be applied, and when and 
how payment is to be made.  [The info rmation shall be made readily available 
to all interested parties  (Comment:  give a definition in the footnotes ) and] 
each Member shall inform, through the WTO Secretariat, all other Members 
where the information on its fees and char ges is available.  [The information 
shall be published via an officially designated medium, and where feasible and 
possible, official website.] 
ARTICLE 7:  RELEASE AND CLEARANCE OF GOODS 
1. Pre-arrival Processing 
 
[1.1  (second option) Members shall maintain or introduc e procedures allowing traders to submit import 
documentation and other required info rmation to customs and other relevant border agencies prior to 
the arrival of the goods, where appropriate.  In ca ses where all the regulatory requirements have been 
complied with and inspection or examination of the goods is not considered necessary, the goods shall 
be released immediately upon payment of customs duties and taxes or, where deemed appropriate by 
the authorities concerned, upon submission of a suffici ent guarantee in the form of a surety, a deposit 
or some other appropriate instrument, covering th e ultimate payment of custom duties and taxes for 
which the goods may be liable.]  (Comment:  Move the words to a new paragraph between 2.1 
and 2.2 ) 
 
2. Separation of Release from Final Determination and Payment of Customs Duties, Taxes 
and Fees  
 
2.1 [In legislated circumstances] each Member  [[shall][may]] adopt or maintain procedures 
[[authorizing][allowing]] an importer [or its  agent] [where appropriate] to [[remove][ [[ask] 
[apply]] for the release of]] goods from customs' [[cont rol][custody][charge]] prior to the final 
determination and payment of customs duties, tax es and fees [and charges] [[when these [have to be 
but] [are not] determined [due to difficulties of dete rmination] [at or] prior to arrival][where it is 
decided that neither examination, physical insp ection, nor any other submission is required]]. TN/TF/W/168 
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5. Establishment and Publication of Av erage Release [and Clearance] Times 
5.1 Members [[shall][may]] [where practicable] [m easure and] publish their [own] average time 
for the release of [[goods in a consistent manner on a periodic basis [for major customs offices]][import and export goods on a periodic basis as measure of transparency]], [using tools such as the WCO Time Release Study] [except where its imported goods are released instantly on arrival] 
[discounting the time necessary to process the declaration before presenting it for [[customs ][goods]]  
clearance].  5.3 [In case of a [significant delay] in [[the re lease of goods, ][customs clearance]] [with respect 
to the average time published by the Member con cerned] Members [[shall][may]] provide the traders 
who have made written requests with the reasons fo r the delay except when such notification would 
impede the pursuance of legitimate policy objectives [or any force majeure would occur] ]   
6. Authorized Traders 
 
6.3 [As determined by domestic legislation,] the [additiona l] facilitation measures for such 
authorised traders [[may][but][shall]] [where prac ticable] include [at least four of the following 
comments], [ inter alia ]:  
7. [Expedited Shipments  
7.1 Each Member [shall ] [may] adopt or maintain procedures a llowing for expedited release of 
goods to [[persons] that apply for such service], while maintaining customs control [and selection]. A 
Member may require that an applicant shall, as a condition for the application of the procedures 
described in paragraph 7.2 to its expedited shipments:  
 
(e) assume liability [for payment of all customs, duties, taxes and fees] [charges]  
to the customs authority for the [[articles][released goods]]. 
7.2 Subject to paragraph 7.1 (a) and (c ), the expedited release procedure shall: 
 
(a) [allow [as quickly as possible] for the submission and processing, including 
through electronic means, of informati on necessary for the release of an expedited 
shipment [prior to its arrival]; ]  
(b) [minimize the documentation required for the release of expedited shipments, 
including, to the extent possible, providing for release based on a single submission of 
information on all goods in the expedited shipments; ] 
ARTICLE 9:  BORDER AGENCY COOPERATION 
1. Coordination of Activities and Requirements of all Border Agencies 
 
1.2  
(b) Wherever possible and practical, such  cooperation and coordination may include: 
 
(iii) [Establishment of one stop border post control  (Comment:  give a definition 
in the footnote )];  
 
 
 TN/TF/W/168 
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[ARTICLE 9 BIS:  DECLARATION OF TRANSHIPPED GOODS] 
 
1.[3] [1] When goods [[being transhipped][under cust oms transit]] are ultimately destined for 
the territory of [[that] [a]]  Member, the person concerned shall be permitted to declare the goods for 
the relevant customs procedure at the [[[[port or place][customs office]] of  destination][place of 
entry]] where [[these obligations][cus toms formalities]] can be fulfilled. 
 
1.[4] [2] Reservations :  Without prejudice to paragraph 1.3, nothing in the previsions of that 
paragraph shall affect the right of Members to board, search and/or rummage vessels where necessary, or maintain appropriate border control.  ARTICLE 10:  FORMALITIES CONNECTED WITH IMPORTATION AND EXPORTATION  
1. [Periodic ] Review of Formalities and Requirements 
4. Acceptance of Commercially Avai lable Information and of Copies 
4.2 [For goods subject to control of legisla tion conformity and documentation requirement, 
customs and other border agencies sh all endeavour to accept copies of [documents, in particular (a) ] 
commercial documents (invoices, [bills of lading,] [etc .]); and (b) where a government agency already 
holds the original and multiple authorities are invol ved.  In the case of (b), Members shall accept 
authenticated copies by the agen cy holding the original in lieu of the original document.]  
4.4 [In cases where Goods declarations [and other supporting documents] are lodged 
electronically and authenticated by electronic signatures or electronic procedures and received [and 
accepted] by customs and other border agencies [for the release and clearance of goods], [[no other 
original of these documents shall be requested by customs and other border agencies ].[ customs and 
other border agencies shall endeavour to accept copies of comm ercial documents.]] ]  
6. Elimination of Pre-shipment Inspection 
6. Without prejudice to paragraphs 6.2 [and 6.3], Members shall not require the use of 
[mandatory] pre-shipment [and post-shipment] insp ections [[or their equivalent][or other similar 
bodies] [for customs classification and valuation  purposes ]].  
10. [Option to Return [or Destroy] Reje cted Goods to the [[Importer][ Exporter]]  
10.1 In case of rejection of a [food] [consignment] on account of failure to meet certain standards 
[rather than those of health and environmental protection]  [of a customs union], an option 
[[shall][may]] first be given to the [[importer][expor ter]] to [[return][re-export]] the rejected goods [to 
the exporter;] only upon failure [by the [[importer] [exporter]]] to exercise this option within a 
reasonable period of time, a different course of acti on, including [the return of the goods to the 
exporter, or] destruction of goods [at the cost of th e importer] can be consid ered by the appropriate 
authority of the importing Member.]   
 
ARTICLE  13:  [CUSTOMS] [ COOPERATION]  [MECHANISM FOR [TRADE 
FACILITATION AND] [[CUSTOMS][TRADE]]  COMPLIANCE] 
 
1. Cooperation Mechanism for Customs Compliance 
1.4 The requested Member [[shall][may]] [in a manner consistent with  its domestic law and 
procedures]: TN/TF/W/168 
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(d) [provide the information ] [respond to the request]  [to the extent possible,] [within a 
period of [90] / [60] days from the date of receipt of the request.] 
 
1.13 Information [or documents] exchanged shall not be used for purposes other than that for 
which it was sought, unless the requested Member agrees otherwise. (Comment:  Put this provision 
closely after 1.6) TN/TF/W/168 
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 SUBMISSION  FROM  SINGAPORE 
 
ARTICLE 9: BORDER AGENCY COOPERATION  1. Coordination of Activities and Requirements of all Border Agencies 
 
1.2 (a) [A] Member [s] [shall, to the extent possible ] [and practical] [are encouraged to] , 
cooperate [and coordinate]  with [their]  [[bordering][other]] Members and 
[[coordinate][harmonize]] [[customs procedures] [cargo clearance procedures]] [at 
border crossings in order ] to facilitate [cross border]  trade. 
 
(b) Wherever possible and practical, such  cooperation and coordination may include: 
 
 
(ii) [Development and sharing of comm on facilities [for conducting joint 
controls] ]; 
 
(iv) Provision of expedited pr ocesses for goods in transit [such as a single 
channel ]; 
 
ARTICLE  13:  [CUSTOMS] [ COOPERATION]  [MECHANISM FOR [TRADE 
FACILITATION AND] [[CUSTOMS][TRADE]]  COMPLIANCE]  
2. Cooperation Mechanism for Customs Compliance 
[1.1 Members [shall ] [endeavour] [in a manner consistent with its domestic law and procedures] 
[whenever practicable] [may]  upon request, exchange inform ation [and/or documents] on [Customs] 
matters [such as HS classification,  [description, quantity,] country of origin and [[valuation][value]] 
of [import, export and transit] goods [specified on the import declaration]] ] in [[identified cases of] 
import or export, where there is reason to doubt th e truth or accuracy of a declaration filed [by the 
importer or exporter]. 
1.4 The requested Member [shall ] [may]  [in a manner consistent with its domestic law and 
procedures]: 
(c) [confirm that the documents provided are true copies of the documents 
submitted by the importer/exporter [and accepted by the requested Member];  and ] 
1.5 Such exchange of information [or documents ] shall not require Members to: 
(c) modify the period of retention of such information [or documents];  [or]  
(d) introduce paper documentation where electronic format has already been 
introduced [.] [;]  
[(g) provide any information for which disclosure is not permissible under 
their domestic laws and regulations; or TN/TF/W/168 
Page 7 
 
 
(h) provide any information furnished by any person pursuant to their 
domestic laws and regulations where such  person has not given consent to the 
disclosure of the information, where th ere is such a requirement under its 
domestic laws and regulations.] 
 [1.6 Any information [or documents] exchanged sha ll be treated as [strictly] confidential and shall 
[[not be disclosed to any third party except to th e extent required in administrative or judicial 
proceedings][be granted at least the same level of  protection provided under th e laws and regulations 
of the requested Member]]. Such informati on [or documents] shall not be [[used in a 
criminal][disclosed to any third party except to th e relevant law enforcement agencies of requesting 
Member and shall not be used as evidence in a j udicial]] proceeding unless specifically authorized by 
the requested Member. ] 
[Any information [or documents] exchanged on ma tters mentioned in paragraph 1.1 which are by 
nature confidential or which are provided on a c onfidential basis shall be treated as [strictly] 
confidential by the authorities concerned who sha ll not disclose it to any third party without the 
specific permission of the government providing such information [or documents, except to the extent 
that it may be required to be disclosed in the context of judicial proceedings.] ] [Exchanged 
information shall not be used as evidence in judici al proceedings unless specifically authorized by the 
requested Member.  In case the government of a requesting Member is ordered to provide such 
information as evidence for a judicial proceeding by the court of intends to disclose it to any 3rd party. 
the requesting Member must ask the requested Memb er for specific authorization through diplomatic 
channels.] 
 
1.8 The request for information [or documents] shall be made [in one of the three official 
languages of the WTO or ] in a language mutually acceptable to the requesting and the requested 
Member. 
1.10 [A Member shall not [[make][request]] mo re than [X] [[consignments for information] 
[requests for information [and documents ] from another Member in a calendar year.]] [A requested 
Member shall respond in writing, whether paper or el ectronic means, to a request made [pursuant to 
this proposal]]. 
1.11 [A requested Member may postpone or refuse providing more than [X] requests for 
information [and documents ] from another Member in a calendar year. [Reasons for such a 
postponement or refusal shall immediately be co mmunicated to the Member making the request.]] 
_______________ 
 2. Customs Cooperation 
2.3 Members may seek assistance from other Members in accordance with the following 
requirements: 
(f) The requesting Member shall provide the requested Member with a written 
summary of the request, including: 
(ii) The specific information [, including documents, ] requested; 
(g) The requested Member [[should] [shall]] [may]  offer cooperation and 
assistance, consistent with its domestic law and procedures [within its available resources]: TN/TF/W/168 
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(ii) If the requested Member is satisfied that the required confidentiality of the 
information will be maintained; [and] 
(iii) If the requested Member has obtained the prior consent of the person 
furnishing the information, where there is such a requirement under its 
domestic laws and regulations;   
(iv) If the disclosure of the information is not otherwise prohibited by the 
domestic laws and regulations of the requested Member; and] 
(j) The requesting Member shall provide the information only to its customs 
administration.  In the case that the requ esting Member is required by its domestic law 
to share the information with a govern mental agency other than its customs 
administration or in a judicial or quasi-judicial proceeding, the requesting Member 
[[shall inform the] [shall get approval from]] [seek prior consent from ] the requested 
Member] .     
 
  
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