WORLD TRADE  
ORGANIZATION  TN/TF/W/114 
7 June 2006 
 (06-2716) 
Negotiating Group on Trade Facilitation Original:   English 
 
 
 
COMMUNICATION FROM JAPAN, MONGOLIA, AND SWITZERLAND 
  
 The following communication, dated 2 June 2006, is being circulated at the request of the 
Delegations of Japan, Mongolia, and Switzerland. 
 
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PROPOSALS ON PUBLICATION AND AVAILABILITY OF INFORMATION 
 
 1. The following textual proposal is submitted  by Japan, Mongolia, and Switzerland for 
consideration by the Negotiating Group.  It is closely based on the proposals on publication and 
availability of information made in the joint co mmunication TN/TF/W/96 of 10 May 2006 and takes 
account of the discussion and other submissions on this issue in the Negotiating Group.   
2. We acknowledge that some provisions require transitional implementation by developing-
country Members because of their lack of capacity to meet the obligations.  However, several core 
elements such as publication of trade-related law and regulations in accordance with Article X of 
GATT 1994 should be implemented by all the Members immediately upon the entry into force of the 
Trade Facilitation Agreement because of  the basic nature of such provi sions and the fact that the new 
agreement does not add any new obligations to the current system of GATT 1994.  Similarly, we believe that national treatment, most-favoured-n ation treatment, general and security exceptions 
provided for in Articles I, III, XX, and XXI of GATT 1994 should apply to all the Members 
immediately even if those concepts are not stipul ated in the new agreement.  The following is an 
example of text which explicitly incorporates Articles XX and XXI of GATT 1994 into the new 
agreement:   
With regard to general and security exceptions, the provisions of Articles XX and XXI of 
GATT 1994 shall apply. 
 
3. Please note that the textual proposal of the S&D pr ovisions in this paper is merely preliminary 
and that this paper lacks the TA&CB provisions.  We recognize the need to have an intensive 
discussion to reach a consensus on how to specifi cally elaborate the S&D treatment and TA&CB 
based on communications from Members such as TN/TF/W/81, TN/TF/W/82 and TN/TF/W/95 once the Negotiating Group comes up with a certain level of obligations clarified or improved through the 
negotiations. 
 
 
  
 TN/TF/W/114 
Page 2 
 
 
  Textual Proposals  
 
I. PUBLICATION AND AVAILABILITY OF INFORMATION 
A. PUBLICATION  
1. Members shall publish promptly all laws, regula tions, judicial decisions and administrative 
rulings of general application rela ting to or affecting trade in goods in such a manner provided for in 
Article X of GATT 1994 as to enable governments1 and traders to become acquainted with them.  The 
information to be published shall include: 
(a) Procedures of border agencies (including port,  airport, and other entry-point procedures 
and relevant forms and documents); 
(b) Rate of duties and taxes imposed on or in connection with importation or exportation 
(including applied tariff rates); 
(c) Decisions and examples of customs classification; 
(d) Import and export restrictions; 
(e) Fees and charges imposed on or in conn ection with importation or exportation; 
(f) Penalty provisions against breaches of import and export formalities; 
(g) Appeal procedures;  and 
(h) Agreements with any country or countries relating to the above issues. 
 
B. AVAILABILITY  
2. Members shall ensure that the information referred to in paragraph 1 is made available to 
governments and traders in a non-discriminatory and convenient manner via an officially designated 
source notified to [the WTO Secretariat or a newly established body], including official gazette, official journal and whenever practicable, official website. 
C. O
UTLINE OF MAJOR TRADE -RELATED PROCEDURES  
3. Members shall, whenever practicable, provide documents regarding outline of major trade-
related procedures [in English, French or Spanish] and make publication and notification of them in a 
manner provided for in paragraph 2. 
D. GENERAL RESERVATIONS  
4. Nothing in these provisions shall be construed as requiring: 
(a) the publication or provision of information re ferred to in paragraph 1 other than in the 
language of the Member except as stated in paragraph 3;  or 
(b) Members to disclose confidential informati on 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. 
 
E. SPECIAL AND DIFFERENTIAL TREATMENT  
5. [Developing-country Members shall not be require d to apply the provisions of paragraph 3 for 
a period of [ ] years from the date of application.  [The Members or a newly established body] shall, 
upon duly motivated request by a developing-countr y Member, accord extensions of this period. 
                                                      
1 The term "governments" is deemed to include the competent authorities of any Separate Customs 
Territory Member and the European  Communities.  TN/TF/W/114 
 Page 3 
 
 
  6. Least-developed country Members shall not be required to apply the provisions of 
paragraph 3 until their acquisition of the necess ary capacity to implement such provisions.] 
II. ENQUIRY POINTS 
A. ESTABLISHMENT OF ENQUIRY POINTS  
7. Members shall ensure that one or more enquiry  points exist which are responsible for the 
provision of relevant information and documents related to trade procedures including the documents 
referred to in paragraph 3 to traders in a non-discriminatory and convenient manner.  
8. [Members should, whenever practicable, establish a primary/initial enquiry point which 
facilitates coordination among competent border agen cies in order that traders have access to 
necessary information more efficiently.] 
B. NOTIFICATION  
9. Members shall notify [the WTO Secretariat or  a newly established body] of the contact 
information of the enquiry points in order to ma ke such information available to governments and 
traders. 
C. [SPECIAL AND DIFFERENTIAL TREATMENT  
10. Developing-country Members shall not be requi red to apply these provisions for a period of 
[ ] years from the date of application.  [The Members or a newly established body] shall, upon duly 
motivated request by a developing-country Me mber, accord extensions of this period. 
11. Least-developed country Members shall not be required to apply these provisions until their 
acquisition of the necessary capacity to implement such provisions.] 
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