WORLD TRADE  
ORGANIZATION  TN/TF/W/51 
6 July 2005 
 (05-2833) 
Negotiating Group on Trade Facilitation Original:   English 
  
 
WTO TRADE FACILITATION NEGOTIATIONS SUPPORT GUIDE 
  
 As agreed at the Group's meeting of 13-14 June 2005, reproduced herewith is a Trade 
Facilitation Negotiations Support Guide prepared for and on behalf of the World Bank to assist 
developing and least-developed WTO Members to  effectively participate in the WTO Trade 
Facilitation negotiations.   
_______________ 
  
 
 TN/TF/W/51 
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WTO TRADE FACILITATION 
 
NEGOTIATIONS SUPPORT GUIDE 
 
 
  
 
  
A Guidebook to assist developing and least-developed 
WTO Members to effectivel y participate in the WTO 
Trade Facilitation Negotiations 
 
 
 
 
March 2005 
 
 
 
Prepared by the Centre for Customs & Excise Studies, University of Canberra, for and on behalf of the World 
Bank 
 
 
 © 2005 World Bank TN/TF/W/51 
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TABLE OF CONTENTS 
  
 
GLOSSARY ....................................................................................................................... ....................6
 
INTRODUCTION................................................................................................................... ...............7  
CHAPTER 1  OVERVIEW................................................................................................................8  
1.1 Background to the Doha Trade Facilitation Work Program................................................8  
1.1.1 Annex D of the July package: the basis for negotiations............................................................8  
1.1.2 What is ‘trade facilitation’?.................................................................................................. ......9  
1.1.3 Significance of this Guide ..................................................................................................... ....10  
1.2 Key Principles of the Trad e Facilitation Agenda.................................................................10  
1.3 Negotiation Timetable .......................................................................................................... ..11 
1.4 The relevance of individual country circumstances.............................................................11  
CHAPTER 2  COORDINATION AND CONSULTATION .........................................................13  
2.1 Coordination Mechanisms .....................................................................................................13  
2.1.1 Basic Principles ............................................................................................................... .........13  
2.1.2 Identifying an Appropriate Coordinating Agency ....................................................................14  
2.1.3 Structure of the Coordination Mechanism................................................................................14  
2.2 Consulting with Stakeholders ................................................................................................17  
2.2.1 Stakeholder identification ..................................................................................................... ....18  
2.2.2 The Business Community ......................................................................................................... .18 
2.2.3 Stakeholder Issues Analysis .................................................................................................... ..19 
2.3 Information Requirements.....................................................................................................19  
2.4 Consultation Requirements and Suggested Approach ........................................................20  
2.4.1 Purpose ........................................................................................................................ .............20  
2.4.2 Achieving Effectiveness........................................................................................................ .....20  
2.4.3 Achieving timeliness........................................................................................................... .......21  
CHAPTER 3  ANALYSING THE ISSUES.....................................................................................24  
3.1 Introduction................................................................................................................... ..........24  
3.2 Issue Identi fication........................................................................................................... .......24  
3.3 Situation Analysis ............................................................................................................. ......25  
3.4 Gap Analysis................................................................................................................... .........25  
3.5 Responsibility for conducting the analysis............................................................................25  
CHAPTER 4  FEEDBACK ..............................................................................................................27  
4.l Consolidating the Results...................................................................................................... .28 
4.2 The Timing of  Responses........................................................................................................ 28  TN/TF/W/51 
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Appendix 1    Annex D of the "July Package" ..................................................................................30  
Appendix 2    Consultation Mechan isms: Draft Terms of Reference..............................................32  
Appendix 3    Key Considerations for the Gap and Situation Analysis ..........................................34  
Appendix 4    Example of Consolidated Issues Matrix.....................................................................35  TN/TF/W/51 
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GLOSSARY  
 
Annex D An Annex to the WTO July Package that explains how the 
negotiations on trade facilitation will take place 
Article V GATT Article dealing with fr eedom of transit for goods 
Article VIII GATT Article dealing with fees and formalities connected with 
importation and exportation 
Article X GATT Article requiring all trade regulations to be clearly 
published and fairly administered 
Contracting Party Countries that are party to a convention through signature, 
ratification or accession  
Doha Round The current multilateral trade negotiations that were launched at 
the 4th WTO Ministerial Conference held in Doha, Qatar in 
November 2001 
Gap Analysis A technique that may be used to determine whether a country is 
compliant with a proposal or agreement  
July Package The agreed work program for achieving a negotiated outcome on 
the Doha Round 
Member A member of the WTO 
Situation analysis A technique that may be used to determine what national 
legislation is relevant to a proposal or agreement 
WCO World Customs Organization 
WTO World Trade Organization 
 
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INTRODUCTION  
 
This Procedural Guide is intended to assist developing and least-developed WTO Members to establish practical and cost effective mechanisms to en sure they are able to actively participate in the 
current WTO negotiations on trade facilitation. 
 
Many of the issues on the trade facilitation agenda are complex and highly technical in nature and 
often require detailed guidance and advice from cap ital-based experts.  Practical communication and 
coordination mechanisms are need ed to facilitate this process. 
 
This Facilitation Guide is designed to provide WTO Members with a range of options for establishing 
effective communication and coordination mechanis ms to support the trade facilitation negotiation 
process.  The practical suggestions contained in the Guide are not prescriptive and will assist 
Members to develop and introduce effective proce dures that are designed to meet their individual 
circumstances.   
 
 World Bank March 2005  TN/TF/W/51 
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CHAPTER 1 OVERVIEW 
 1.1 Background to the Doha Trade Facilitation Work Program  
In November 2001, Ministers of WTO Members met in Doha, Qatar to launch a new ‘round’ or series 
of trade negotiations in international trade.  This conference resulted in a mandate to undertake 
multilateral trade negotiations in accordance with th e work program specified  in the Ministerial 
Declaration.  This is the Doha Declaration , also called the Development Round  for the emphasis it 
places on rights and concessions for developing countries.  The Doha Declaration includes the following decision relating to trade facilitation: 
 
Recognizing the case for further expediting the movement, release and clearance of 
goods, including goods in transit, and the need for enhanced technical assistance and capacity building in this area, we agree that  negotiations will take place after the Fifth 
Session of the Ministerial Conference on the basis of a decision to be taken, by explicit consensus, at that session on moda lities of negotiations.  In the period until 
the Fifth Session, the Council for Trade in  Goods shall review and as appropriate, 
clarify and improve relevant aspects of Articles V, VIII and X of the GATT 1994 and 
identify the trade facilitation needs and pr iorities of members, in particular 
developing and least-developed countries.  We commit ourselves to ensuring adequate technical assistance and support for capacity building in this area.
 1 
 
 
KEY POINT 
The Articles referred to in the Declaration rela te to Freedom of Tran sit (Article V), Fees 
and Formalities connected with Importation and Exportation (Article VIII) and Publication 
and Administration of Trade Regulations (Article X). 
 
  1.1.1 Annex D of the July package: the basis for negotiations  
Following discussions in July 2004 the General Council agreed to adopt the July Package  that will 
now guide the next phase of the WTO Doha Round ne gotiations.  It includes the following reference 
to trade facilitation: 
 
Trade Facilitation: taking note of the work  done on trade facilitation by the Council 
for Trade in Goods under the mandate in paragraph 27 of the Doha Ministerial 
Declaration and the work carried out under the auspices of the General Council both 
prior to the Fifth Ministerial Conference a nd after its conclusion, the General Council 
decides by explicit consensus to comme nce negotiations on the basis of the 
modalities set out in Annex D to this document.
2 
Through this agreement, the General Council of the WTO has reaffirmed the Ministerial Declarations 
and Decisions adopted at Doha and the full commi tment of Members to giving effect to them. 
 
Annex D (reproduced at Appendix 1) establishes th e modalities for negotiations on trade facilitation, 
clarifies issues contained in paragraph 27 of the Doha Declaration and takes into account some of the 
major concerns of developing countries.  In th is respect it recognises th e need for “special and 
                                                      
1 Paragraph 27 of the Doha Ministerial Declaration, adopted on 14 November 2001 
2 Paragraph (g) of the decision adopted by the General Council of the WTO on 1 August 2004  TN/TF/W/51 
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 differential treatment” beyond the granting of tran sition periods, taking into account countries’ 
implementation capacities.  A Negotiating Group on Trade Facilitation was s ubsequently established and meets regularly 
according to a negotiating timetable established by them.  The clarification and improvement of 
Articles V, VIII and X of the GATT 1994 is the fi rst issue to be addressed under the negotiations. 
 
 1.1.2 What is ‘trade facilitation’? 
Trade facilitation potentially covers a multitude of i ssues that are relevant to the smooth and efficient 
flow of trade.  The term has been  used in the context of a broad range of potential non-tariff barriers 
such as import licensing, product testing and ove rly-complex customs clearance procedures. 
 Essentially, increased facilitation of trade should result in improved economic growth for countries and improved competitiveness for their industries, by reducing unnecessary bureaucratic requirements 
and harmonising relevant process, while at the same time ensuring that each country has the right to 
protect itself from unlawful trade practices. 
 For individual Members, the priority issues relating to trade facilitation are heavily influenced by the 
perspective of the country concerned.  For example,  if a country is land-locked, the focus of trade 
facilitation is likely to be on the need for an effici ent and effective transport mechanism that services 
its trade, regardless of distance and the number of borders to be crossed. 
 The various considerations that come into play wi th trade facilitation have been rationalised for the 
purposes of the current round of WTO negotiations, with discussions aiming to “clarify and improve 
relevant aspects of Articles V, VIII and X of the GATT 1994 with a view to further expediting the 
movement, release and clearance of  goods, including goods in transit”.
3  This relates primarily to 
Customs activities, including those activities perform ed by Customs on behalf of, or in cooperation 
with, other Government agencies.  The WTO focus on Articles V, VIII and X therefor e includes both the underlying principles of the 
Articles and areas where the provisions might be impr oved.  In addition, it  includes the needs and 
requirements of developing and l east developed Members.  This aspect of the negotiations is 
discussed later. 
                                                     
 
3 Annex D of the July Package TN/TF/W/51 
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1.1.3 Significance of this Guide 
As noted above, Annex D of the WTO July P ackage introduces the modalities for negotiations on 
trade facilitation.  In particular it highlights the need for “effective cooperation between customs or 
any other appropriate authorities on trade facilitati on and customs compliance issues”. This reference 
includes appropriate national administrative authorities and therefore means that each Member’s 
individual circumstances and governmental structur es should be taken into account when framing 
responses to trade facilitation issues.  Given this context, a diverse range of stakeholders  will have a keen interest in the outcome of the 
trade facilitation negotiations.  The diversity of tho se stakeholders and the fact that input may be 
required from both Government and the business co mmunity requires an effective mechanism for 
seeking relevant input, consolidating that inpu t and communicating it to negotiators in a timely 
manner.    This Guide will assist WTO Members in implem enting such a mechanism and facilitates their 
effective engagement in the negotiation process. 
 
 1.2 Key Principles of the Trade Facilitation Agenda 
Annex D stipulates that “the results of the negotiatio ns shall take fully into account the principle of 
special and differential treatment for developing and least-developed countries”, and extends this 
principle beyond the granting of transition peri ods for implementing commitments to require 
consideration of the implementation capacities of th ese countries.  In particular, it states that least-
developed country Members “will onl y be required to undertake commitments to the extent consistent 
with their individual development, financial and tr ade needs or their administrative and institutional 
capabilities”. 
 
 
KEY POINT 
The success or otherwise of the trade faci litation negotiations will be conditional on the 
provision and support of technical assistance and capacity-building for developing and 
least-developed WTO Members.  It is therefor e essential to ensure that the implementation 
needs and requirements of such countries ar e clearly identified within the relevant 
timeframes of the negotiating timetable. 
 
 
Annex D asks Members “to identify their trade facilita tion needs and priorities, particularly those of 
developing and least-developed countries” and to “address the concerns of these countries related to cost implications of proposed measures”.  It go es on to say that technical assistance and support for 
capacity-building is “vital to enable them to fully  participate in and benefit from the negotiations.” 
 
The Annex also addresses the need to “review the effectiveness of the support and assistance provided 
and its ability to support the implementati on of the results of the negotiations”. 
 In summary, Annex D makes it very clear that th e success or otherwise of the trade facilitation 
negotiations will be conditional on  the provision of technical assistance and capacity-building for 
developing and least-developed Members. 
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 1.3 Negotiation Timetable 
The WTO Trade Negotiations Comm ittee established the Negotiating Group on Trade Facilitation on 
12 October 2004.  At its first meeting on 15 No vember 2004, Members of the Negotiating Group 
agreed on a Work Plan and meeting schedule.  The Plan provides for work to proceed as per 
Members’ contributions and input as requested. 
 The approved agenda of the Negotiating Group comprises:  
• Clarification and improvement of relevant aspects of Articles V, VIII and X of the GATT 
1994;  
 
• Special and differential treatment for de veloping and least-developed countries; 
 
• Identification of trade facilitation needs and priorities; 
 
• Concerns related to cost implications of proposed measures; 
 
• Technical assistance and support for capacity-building; and 
 
• Working with and the work of other relevant international organizations. 
 The Group has since held meetings on 22-23 Nove mber 2004 and 7-9 February 2005.  While the 
subsequent schedule of meetings is not precise, meet ings are planned to be held approximately every 
two months.  It is necessary to refer to the WTO’s website to determine precise dates for the 
Negotiating Group’s meetings as the year progresses.
4 
 
Developing and least-developed countries have stressed “t he need to plan the meetings of the different 
negotiating bodies in a way that they are not juxt aposed but are fairly planned to enable small 
delegations to attend and contribute”,  and further, that there is a need to “establish clear schedule of 
meetings on technical issues well in advance to a llow for adequate time for small delegations to 
respond and participate effectively.”  These comment s are particularly relevant in terms of the 
rationale for this Procedural Guide. 
 
 1.4 The relevance of individual country circumstances 
As previously noted, Annex D of the WTO Ju ly Package highlights th e need for “effective 
cooperation between customs or any other appropr iate authorities on trade facilitation and customs 
compliance issues” including appropriate national administrative authorities. 
 In the context of the trade negotiations, what constitutes appropriate internal consultation and 
communication will differ from country to country.  The fact is that each WTO Member has its own 
governmental and administrative structures and adop ts international obliga tions through domestic 
legislation in its own way.  Similarly, each country  is subject to its own particular circumstances, 
culture and socioeconomic imperatives.    For these reasons it is critical that the individual circ umstances of each country be taken into account 
in designing and implementing an effective cons ultation and coordination framework.  Effective 
participation in the negotiations requires the im plementation of such a framework.  If negotiators 
aren’t able to respond to issues raised and as a r esult don’t have the opportunity to influence outcomes 
                                                     
 
4 See www.wto.org/english.news_e/meets.pdf  TN/TF/W/51 
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 at critical points in the process, decisions may be taken on those issues without their input and once settled at WTO level, it is difficult to re-open them in the short to medium term.  This Procedural Guide seeks to as sist countries to effectively participate in the negotiating process 
irrespective of differing circumstances by identifying issues and principles that have relevance to all 
countries grappling with the trade facilitation agenda .  Nevertheless, it remains vitally important to 
recognise issues that may be unique to particular count ries, and to highlight those issues in feedback 
to negotiators.  
 
KEY POINT 
While a successful outcome on trade facilitation will need to be based on globally accepted 
standards, this does not necessarily imply th at every country will adopt exactly the same 
administrative mechanisms. 
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CHAPTER 2 COORDINATION AND CONSULTATION 
 2.1 Coordination Mechanisms 
This and subsequent chapters provide guidelines fo r the establishment of effective mechanisms to 
coordinate the provision of inform ation and advice to Geneva-based negotiators.  Also discussed are 
options for establishing the necessary mechanisms and procedures for effectively and efficiently 
obtaining and consolidating information and advice from a broad range of stakeholders. 
 
 2.1.1 Basic Principles 
Negotiations, especially multilateral tr ade negotiations within the context of the WTO, require timely 
and effective processes that ensure a country’s inter ests are adequately represented.  While it will take 
time and effort to institute these processes, they  are essential for providing governments with an 
ability to participate fully in the negotiations.  Th e fact is that once negotiations begin they can 
quickly build momentum on particular issues, and if negotiators aren’t in a position to respond 
promptly and participate at critical points, there is the chance that decisions will be taken on the issues 
without consideration of a pa rticular country’s concerns. 
 
In many countries, multiple government agencies  have an interest in the movement of goods, 
including agencies responsible for health and safety,  food inspection, import licensing, tax collection, 
quality inspection and enforcement.  In the absen ce of an effective coordination mechanism, the 
negotiators must attempt to interface with each of th e agencies individually.  The time spent on such a 
task would impact significantly on their ability to participate effectively in negotiations. 
 The key objective of any coordination mechanism s hould be to keep it as simple and streamlined as 
possible.  The more contact points and dependencies that are involved in coordinating a response to a 
particular negotiating issue, the more time it will take  to consolidate the res ponse and get it back to 
Geneva-based negotiators.  There is  also a risk that specific input  may be missed in the course of 
consolidation and that quality management of that input may become unduly complex. 
 
Figure 1: Single Contact Point 
 
The simplest coordination mechanism is a single contact point responsible for receiving requests, 
disseminating those requests to relevant experts fo r response and then consolidating the responses for 
communication back to the negotiators.  In practice, th ere is a need to cater for the volume of requests, 
the frequency of the requests and their timing.  In  the context of something as complex as multilateral 
trade facilitation negotiations, a well-organised team need s to be involved in coordination.  It will also 
be necessary to ensure an ability to cater for urgent requests. 
  
Geneva Negotiators 
 
Capital-based 
Coordinating Agency  TN/TF/W/51 
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 2.1.2 Identifying an Appropriate Coordinating Agency 
The agency or ministry responsible for coordina ting input to any negotiations should ideally have 
policy or administrative responsibilities that are releva nt to the subject matter of those negotiations.  
In most cases this will mean that responsibility fo r coordinating a Member’s input to the current trade 
negotiations will fall to the agency that has overall responsibility for either trade policy or 
international and di plomatic relations. 
 In the specific context of negotiations on trade facilitation however, a viable option may be to 
delegate such responsibility or a sub-set of th ese responsibilities, to the agency responsible for 
customs matters.  This is because  the trade facilitation agenda pla ces particular emphasis on customs 
procedures, and most proposals are likely to impact  in some way on the customs administration itself 
and/or other stakeholders involved in customs-related procedures.  In  any event, it will be important 
for Customs to play a key role in the coordination process, since some of the more technical issues 
will inevitably require Customs input.  
It should be acknowledged, however, that the identi fication of an appropriate coordinating agency is 
as much a question of governance as it is a question of convenience.  Governance  refers to the way in 
which a particular country manages the busin ess of government and the manner in which the 
associated administrative arrangements are establishe d.  Consequently, while it may be useful to 
assign the coordination role to the agency respon sible for customs matters, there may be broader 
considerations that dictate the appointment of a di fferent agency such as the Ministry for Trade (or 
equivalent), which has responsibility for mana ging the broader agenda of multilateral trade 
negotiations and relationships with its international trading partners. 
  
KEY POINT 
Having identified a single coordinating agency, it is important to ensure that the 
coordination mechanisms receive full political support. 
 
 The primary objective of establishing a coordination mechanism is to promote effective  participation 
in the trade negotiations.  In seek ing to achieve this, it must be recognised that there will be 
differences in the awareness of, and interest in, tr ade negotiations by certain government agencies, 
business and community groups.  In addition, resource constraints within particular agencies are likely 
to influence their degree of involvement in such an initiative.  An effective means of overcoming these difficulties,  thereby ensuring that the consultation process 
receives the priority it requires, is to institute a c oordination mechanism that has the full support of the 
Government, its Prime Minister and Ministers.  With this level of political support in place, the 
coordination mechanisms will be better placed to  obtain the required degree of support from 
government agencies, business and the broader community.  At the end of the day, the decision to assign coordi nating responsibility to a particular agency will 
involve balancing of all these factors.  The most important thing is to identify a single coordinating 
agency that has the capacity to  support and drive the process. 
 
 2.1.3 Structure of the Coordination Mechanism 
Having decided on an appropriate coordinating ag ency, the next step is to establish effective 
mechanisms for obtaining expert, timely input from a ll relevant stakeholders.  An effective approach 
is suggested below:  TN/TF/W/51 
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  1. Create a group that is chaired by the coor dinating agency whose responsibility will be to 
develop and administer the coordination mechanis ms (for the purposes of this Guide, this is 
referred to as the Trade Facilitation Negotia tions Coordination Group ); 
 
2. The Chair of the Trade F acilitation Negotiations Coordinati on Group should write to other 
government agencies notifying them of group’s ro le and responsibilities, the subject matter 
and agenda of the negotiations and an inv itation for the agencies to nominate agency 
representatives who will be the primary point of reference within the ag ency for issues that 
arise from the negotiations.  It should be made clear that the nominated contact points should 
have appropriate time built into their work programs to accommodate any responsibilities that might result from their participation in the group.  They should also be available for response on urgent matters out of normal business hours an d provide contact details to facilitate that 
communication.  The various agency representativ es will therefore form the membership of 
the Trade Facilitation Negotiations Coordina tion Group, as depicted in Figure 2. 
 
 
Figure 2: Agency Representation 
 
 
3. The coordinating agency should convene an initial meeting of the nominated agency 
representatives at which it outlines the proposed terms of reference for the coordinating 
agency and the Trade Facilitation Negotiations  Coordination Group itself, the role and 
responsibilities of the contact points, communication protocols including response timeframes, a schedule for subsequent meeti ngs of the Group and any other administrative 
matters impacting on the operation of the coordination mechanism. 
 
4. The Trade Facilitation Negotiations Coordina tion Group will need to establish various 
administrative procedures to enable it to function effectively.  This will include such things 
as: 
 
• A dedicated telephone number or telephone roster; 
• Development of a website if practicable; 
 
• A Contact List in relation to itself and nominated contact points in other agencies for 
the information of Geneva-based negotiators; and 
  
Geneva Negotiators 
 
 
Agency Representatives 
TF Negotiations 
Coordination Group  TN/TF/W/51 
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• Terms of reference.5 
 5. At its initial meeting the Trade Negotiations  Coordination Group should examine the trade 
negotiations agenda with a view to identifying the various issues likely to arise during the 
course of negotiations, and the probable st akeholders across government, business and the 
community who may be able to contribute to any analysis of the issues.  The outcome of this 
discussion should be an agreed list of stake holders and agreement on which agency should 
have primary responsibility for liaisi ng with particular stakeholders. 
 
 
KEY POINT 
The Trade Facilitation Negotiations Coordination Gr oup provides a single point of contact with 
Geneva-based negotiators, while individual agencies provide a single point of contact with their 
respective business and community st akeholders.  This approach ensu res that subject-matter expertise 
is obtained from a variety of sources and then consolidated and channelled to Geneva through a single conduit. 
 
 The outcome of this approach will be a clear pi cture of what responsibilities each government agency 
has in relation to the trade negotiations and the manner in which the consultation and communication 
mechanisms will operate. 
                                                     
 
5 Suggested Terms of Reference are provided at Appendix 2  TN/TF/W/51 
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SUMMARY OF ROLES 
 
Role of the Coordinating Agency 
 
• Overall responsibility for coordinating input on issues arising from trade negotiations 
• Single point of contact for Geneva-based negotiators to request input from home-based 
experts 
• Development of the contact list of governmen t agency experts and creation of the Trade 
Facilitation Negotiations Coordination Group 
• Convenes and chairs meetings of the Trade Facilitation Negotiations Coordination Group as 
required by the negotiations timetable and/or issues arising. 
 
Role of the Trade Facilitation Negotiations Coordination Group 
 
• Single point of contact for other government agencies in their response to requests originating 
from Geneva-based negotiators 
• Responsible for consolidating the responses from home-based experts and communicating 
them to Geneva-based negotiators 
• Responsible for developing and maintaining communications within government in relation 
to the progress of the negotiations and issues arising out of those negotiations. 
 
Role of Individual Agencies 
 
• Active participation on the Trade Facilitation Negotiations Coordination Group 
• Identification of any issues arising from the ne gotiations that are relevant to the agency’s 
policies and administrative responsibilities 
• Nomination of subject matter experts within the agency for response to the Trade Facilitation 
Negotiations Coordination Group as required 
• Nomination of “on-call officers” and associat ed contact details for out-of-hours requests 
• Coordination of input from within their agency 
• Identification of stakeholders within their sphere of expertise and responsibility (for example, 
the Department of Transport may identify road transport carriers as a key interest group) 
• Primary responsibility for obtaining input from identified stakeholders within their sphere of 
expertise and responsibility and communicating that input back to the Trade Facilitation 
Negotiations Coordination Group; 
• Responsible for developing and maintaining communications with their particular 
stakeholders in relation to the progress of the negotiations and relevant issues arising from the negotiations. 
 
 
 2.2 Consulting with Stakeholders 
The trade facilitation negotiations in effect represen t one of the first stages in a significant reform 
process, the success of which is dependent on a sense  of ownership among the various stakeholders.  
Effective consultation with both public and private sector stakeholders is fundamental to achieving 
such ownership, and the approach adopted in this Guide has been developed on that basis. 
 
Effective consultation with relevant  stakeholders serves to ensure th at Geneva-based negotiators have 
the best and most complete information and advice upon which to participate in the negotiations.  It 
also encourages the sharing of information, experti se and perspectives by those who are likely to be 
affected by the outcomes of negotiations.  This in  turn assists governments in undertaking relevant 
cost/benefit analysis by assessing the potential impact of particular proposals, providing an awareness 
of alternative approaches and specific implementa tion difficulties.  In this sense it also enables TN/TF/W/51 
Page 18 
 
 governments to identify particular areas where t echnical assistance may be required to meet new 
international obligations.   
 2.2.1 Stakeholder identification 
Stakeholders are those people, groups and institu tions that might contribute to or influence the 
outcome of the negotiations and for which comm unication strategies will need to be devised. 
 Trade facilitation involves more than  just customs facilitation; it encompasses all elements of the 
international supply chain, and it is important to  recognise that fact when identifying potential 
stakeholders.  Consequently, stakeholders will generally include those government and business 
entities that are involved in the administration or  conduct of international trade.  UNCTAD, for 
example, has observed that in most countries, tr ade facilitation involves th e ministries of trade, 
transport and finance as well as the private sector.  To facilitate the process of stakeholder identification in  the current context, it is  useful to envisage the 
entire international supply chain and consider those who may be involved at any point in dealing with 
the goods and the associated documentation, either  from a regulatory or commercial perspective. 
 
 2.2.2 The Business Community 
To achieve a successful outcome on trade fac ilitation, four elements must be present: 
 
 i) A strong political will;   ii) A clear strategic plan for implementation;  
 iii) Close cooperation with the business community; and 
  iv) Effective and sustainable technical assistance where relevant.  It has been said that “business trades, not gove rnments”.  A critical aspect of any effective 
participation in multilateral trade facilitation negotia tions is therefore an ac knowledgement on the part 
of negotiators that they are acting at least in part, on behalf of their country’s private sector.  As such, 
it is important that they have a good understanding of the interests of their private sector and 
communicate regularly with those elements of the pr ivate sector that may be impacted by particular 
aspects of the negotiations.  
The significance of engagement with the business community can be demonstrated by reference to 
trade agreements where negotiators have secu red access to export markets and subsequently 
discovered that their private sector had no capacity to  supply those markets.  Conversely, a potentially 
adverse impact on the domestic industry may emerge  that was neither highlighted nor anticipated 
during the course of negotiations.  
It is also important to bear in mind that WTO nego tiations can be very technical, and that is certainly 
the case in relation to trade facilitation, with its  emphasis on customs and related trade processes.  
There is therefore a need to engage experts in the consideration and analysis of the various issues that 
flow from the negotiations, including those from the private sector.  
Responsibility for the identification of stakeholders  and subsequent liaison with them should fall to 
the agency that is normally responsible for policy a nd administration of the subject matter in question.  
For example, in relation to a specific customs matte r such as import declarations, the customs agency 
would be responsible for identifyi ng the various business interests and for ensuring that the views of 
those interests are sought.  TN/TF/W/51 
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  If a particular agency is experiencing difficulties in either identifying relevant stakeholders or 
obtaining input from them, the Trade Facilitation Negotiations Coordination Group provides a forum for discussing and addressing such matters.  This forum also provides an opportunity for the primary 
contact point with Geneva-based negotiators (who ch airs the group) to be made aware of possible 
difficulties as early as possible, and to ensure that such issues are addressed before they impact on the 
negotiations.  
 2.2.3 Stakeholder Issues Analysis 
A simple means of undertaking a stakeholder issues analysis is to develop a Stakeholder Issues 
Matrix,  which helps to identify the types of issues that may impact on different stakeholders, the type 
of input that the stakeholders could provide a nd the potential impact of their contribution on the 
negotiation process.  An outline of a simple stak eholder issues matrix which may be used as a 
template in the trade facilitation nego tiation process is shown in Figure 4. 
 
Figure 3: Simple Stakeholder Issues Matrix 
 
STAKEHOLDER  ISSUE TIMEFRAME RESPONSE 
Chamber of 
Commerce Advance rulings: 
what areas should 
be included and 
how should they be 
promulgated? 
 20 May 2005 Valuation 
Tariff Classification 
Origin 
 
 
The following steps should be followed when undert aking a stakeholder issues analysis in the context 
of trade facilitation negotiations: 
 
• Identify the stakeholders 
 
• Describe the particular matter or type of issue for which input is being sought 
 
• Describe the nature of the input sought, that is, are you seeking advice on a technical issue or 
are you seeking agreement/disagreem ent to a particular option? 
 
• Specify any deadlines for the response 
 
• Summarise the response received 
 
• Identify the implications of the response 
 
• Communicate the outcome to the primary contact  point in the Trade Facilitation Negotiations 
Coordination Group. 
 
2.3 Information Requirements 
Effective stakeholder issues analysis requires that  the stakeholders in question are sufficiently 
informed of the nature of the negotiations taking place and the issue for which input is being sought, 
so they can respond meaningfully and promptly.  For information of a general nature, an effectiv e communication mechanism is required that will 
allow potential stakeholders to inform themselves about the current progress of negotiations and avail 
themselves of an opportunity to become engaged on issu es that are of interest  to them, even where a TN/TF/W/51 
Page 20 
 
 specific request for input is not forthcoming.  Assuming that a stakeholder network  has been 
developed from the processes outlined  previously, it is a relatively easy task to construct a mail-out 
list that can be used for the purposes of distributing a newsletter.  Alternatively, a website could be 
used for this purpose, which could simply fo rm part of an agency’s existing website. 
 
Initially, information should be provided on the back ground to the negotiations, and an outline of the 
consultation approach that will be used to obtain inpu t from stakeholders together with contact details.  
Regular updates on progress with the ne gotiations should then be provided. 
 
In respect of issues of a very specific nature, it ma y not be appropriate to publicise the information as 
broadly.  For example, in some instances where in formation is being sought in direct response to a 
request from Geneva-based negotiators, input may be sought by a specific agency from a specific stakeholder or stakeholders.  In this case the commu nication should be tracked – who is actioning the 
request, when is a response required and who within the stakeholder organisation is responding to that 
request.  With such requests the information requi red by the stakeholder will be quite specific. 
 
Similarly, depending upon the nature of the issue it may be appropriate to limit circulation of the 
information to a restricted audience.  For exampl e, some information may be considered to be 
politically or commercially sensitive.   2.4 Consultation Requirements and Suggested Approach 
 2.4.1 Purpose 
In essence, the purpose of the exercise is to de velop and implement procedures which results in 
feedback to the Geneva-based negotiators that:  
• Responds to the timeframes they are reacting to; 
 
• Is clear and unambiguous; and 
 
• Allows a negotiating position to be stated succinctly. 
 The negotiators in Geneva are not  only physically removed from the consultation that is taking place 
in-country, but also have limited influence over th e quality of the input they receive from those 
consultations.  If the input is provided in an ad hoc  fashion such that it is disjointed and unclear, it 
will have a negative impact on the negotiator’s ability  to participate effectively in negotiations.  On 
the other hand, if the input has been appropriately  consolidated and a nego tiating position effectively 
summarised, the negotiator’s job is made much easier.  Any communication or consultation mechanis m that is developed must therefore be timely  and 
effective .  It is worthwhile dealing with each of th ese characteristics separatel y to ensure that the 
chosen consultation mechanisms meet the required aim.  
 2.4.2 Achieving Effectiveness 
It is important to look at the question of effec tiveness from several perspec tives - from the perspective 
of Geneva-based negotiators, the Government in the country concerned, and th e industry stakeholders. 
 The negotiators are looking for a response that clea rly describes the issue and articulates a position.  
The best way to achieve this is to consolidate the various responses from differe nt stakeholders into a 
single position paper which provides a clear negotiati ng position.  To achieve this, individual position 
papers should be analysed and their content allocat ed according to common subject headings.  This  TN/TF/W/51 
 Page 21 
 
 can then be summarised into a common negotiating te xt under each subject area with any differences 
of view highlighted as appropriate.  The ultimate responsibility for analysing and c onsolidating the responses, and formulating a 
negotiating position rests with the coordinating agency.  Since the coordinating agency may not be 
subject matter experts, they are likely to rely on the individual agencies to both identify stakeholders 
and liaise with them to provide the necessary advi ce.  The coordinating agency will, however, be 
experts in trade and the politics of trade, and will th erefore be the appropriate agency to consolidate 
the various inputs into a common response for Geneva. 
 
From the Government’s perspective, there is a ne ed to obtain an overall picture of the potential 
impacts on the country of specific trade proposals and have some confidence that their views are 
being taken into account in the negotiations.  A c oordination mechanism that provides a single point 
of contact allows for a consolidated brief to be pr ovided to Government which explains the issues and 
their likely consequences for the country.  It also pr ovides an early opportunity for the Government to 
define policy areas that may require reform, and highl ight those sectors of the economy that may need 
particular attention in terms of readjustment.    The business community is also keen to have its views heard and taken into account in the 
negotiations.  From industry’s pers pective, a formal consultation m echanism provides an opportunity 
that might not otherwise be available.   
 In the absence of a formal consultation mechanism,  the business community may not even be able to 
identify an issue until it is too late.  A formal c onsultation mechanism that acknowledges the day-to-
day working relationship of particular agencies wi th particular industry sectors reduces the risk of 
industry not being appraised of trade issues that may affect them.  It provides industry with the 
opportunity to outline for government the practical a dvantages or disadvantages of a trade proposal or 
negotiating position and gives them time to plan for implementation if necessary. 
 Finally, since the industry response forms part of co nsolidated feedback to Geneva, industry may also 
benefit from the synergies of a number of elements  of the business community being involved in the 
consultation process and the increased influence that may flow from that. 
 
 2.4.3 Achieving timeliness 
To be effective, any response must also be timely.  If a response arrives too late to be taken into 
account in the negotiations, the fact that it may be well constructed and resear ched is irrelevant.  
Requests from Geneva must therefore be promptly: 
 
• Acknowledged; 
 
• Distributed for appropriate action; 
 
• Subjected to expert analysis by relevant stakeholders; and 
 
• Resolved by way of appropriate advice; 
 The advice or comment must then be:  
• Consolidated; 
 
• Summarised into a clear and concise position; anD 
 TN/TF/W/51 
Page 22 
 
 
• Communicated back to Geneva within the required timeframe. 
 These steps must occur in accordan ce with any stated deadlines fo r a response.  Sometimes the 
deadlines will allow the steps to be undertaken over several weeks or even longer depending on the 
negotiations schedule.  There will be occasions, how ever, when an immediate response is required, 
and the consultation mechanism must be able to cater for such real-time requirements. 
 The critical aspect of this process is to ensure that any deadlines specified in the request are reflected 
in the communications seeking a response .  A key role of agency representatives is to track the 
communications and if necessary chase them up to ensure  that the deadlines are met.  In particular, the 
Trade Facilitation Coordination Group has the crucial role of firstly logging  the request when it is 
made, including the required timeframe for response,  and secondly ensuring that the response(s) are 
communicated back to Geneva within that timeframe.  The overall consultation process is  summarised in Figure 5. 
  TN/TF/W/51 
 Page 23 
 
 
Figure 4: Overview of Consultation Process  
 
 
 
Geneva Negotiators 
 
 
Agency Representatives 
TF Negotiations 
Coordination Group  The request should clearly indicate 
the timeframe for response 
Actions the response in accordance 
with the specified timeframe.  
Liaises with stakeholders as 
appropriate Communicates the request and 
timeframe to the relevant subject 
matter agency – monitors progress 
and follows up where necessary 
Provide private sector viewpoint.  
Respond to requests for input in 
accordance with specified 
timeframes Request
 
Nominated Contact 
Point in Agency  
 
Business & Community 
Stakeholders  Takes account of private sector 
viewpoint and formulates a 
consolidated Agency response  Takes account of relevant Agency 
responses and formulates a 
consolidated Country response 
within required timeframe Response The response should be timely, clear 
and concise, and framed in a way 
that will facilitate the negotiation 
process TN/TF/W/51 
Page 24 
 
 
CHAPTER 3 ANALYSING THE ISSUES 
 3.1 Introduction 
The overview of the consultation process (Figure 4) id entifies the need for agencies to take account of 
the private sector viewpoint, and to formulate a cons olidated agency response.  Similarly, the Trade 
Facilitation Negotiations Coordina tion Group is required to take account of the various agency 
responses and to formulate a consolidated country response.  Part of this process involves a comparison between the Member’s current legislative and administrative environment and what is being pr oposed in the negotiations.  This allows an 
assessment to be made regarding the potential di fficulties associated with implementation of specific 
proposals and the actions necessary to achieve co mpliance with the proposals.  This comparison 
involves two techniques: situation analysis  and gap analysis (see Figure 5).  This Chapter describes a 
step-by-step approach to these analyses, including a checklist ( issues matrix ) of matters to be 
considered when responding to requ ests from Geneva-based negotiators. 
 
Figure 5: Situation and Gap Analyses 
 
 
 
 
 3.2 Issue Identification 
As previously noted, Annex D of the July Package states that the negotiations “shall aim to clarify and 
improve relevant aspects of three Articles of th e GATT 1994 with a view to further expediting the 
movement, release and clearance of goods, includi ng goods in transit”.  As such, the issue 
identification process is simplified to the extent that its focus is essentially limit ed to those issues that 
may arise from Articles V, VIII and X.  Similarly, when undertaking a gap analysis, countries are able 
to focus their assessment on the implications of achieving compliance with the provisions of those 
particular Articles.  Issues identification is also assisted by the fact that the WTO Council for Trade in Goods has already 
undertaken some significant research in relation to trade facilitation matters.  The research draws on 
the work and views of many other intergovernment al organizations and th e international business 
community.    As well as identifying some of the more generic i ssues, it is also important to identify any specific 
matters that may be of concern from the country’s pe rspective.  This reinforces the point that every 
country is unique, and each country’s particular circumstances should be taken into account in the 
negotiations.  As previously observed, a significant feature of the trade facilitation negotiations is the How do we compare?  
Existing 
 National Legislation/  
Processes  
Article V 
Article VIII 
Article X Situation Analysis
How do we change? 
 
What are the implications?  
Existing 
 National Legislation/ 
Processes  
Required 
National Legislation/ 
Processes Gap Analysis  TN/TF/W/51 
 Page 25 
 
 emphasis on technical assistance and capacity-building.   It is important to note, however, that such 
assistance should be based on the clearly identified n eeds and current circumstances of each particular 
country.  It is therefore imperative that such issues are highlighted for the negotiators.   3.3 Situation Analysis 
The purpose of the situation analysis is to co mpare a country’s current legal framework and 
administrative processes (whether administered by Customs or another government agency) with the 
provisions of the relevant GATT Articles and an y proposals that may flow from the negotiations. 
 
This process will assist in identifying those elemen ts of the Articles with which a Member already 
conforms, or for which the Member has alread y made a commitment.  For example, the WTO 
Valuation Agreement already requires countries to implement appropriate appeal mechanisms.  The 
situation analysis will also serve to highlight ar eas where action will be required in order to conform 
to certain provisions or proposals.  
The analysis may also highlight some areas where furt her clarification is required.  In such cases, the 
feedback to the Geneva-based negotiators would be the need to explore other participants’ 
understanding of the term or phrase and to put forwar d the country’s views on the interpretation to be 
adopted.  
When undertaking this analysis, it is important to bear in mind that the legal framework and 
administrative business processes are not required to exactly mirror  the Articles and proposals, but 
should give effect to the relevant principles and require ments.  In this regard, each country is likely to 
adopt a slightly different appro ach to its regulatory framework. 
  3.4 Gap Analysis 
Following completion of the situation analysis, the next step is to determine what needs to be done to 
close any gaps that may have been identified.  To facilitate this process the Issues Checklist  at see 
Appendix 3 suggests a number of areas for considera tion.  For example, in situations where the 
current legislation does not allow for a particular proposal , closing the gap  is likely to entail the 
drafting of new legislation and the introduction of regulatory practices that reflect the new legislative 
provisions.   
 When undertaking the gap analysis, it is particularly  important for individual countries to determine 
what the financial and other resource requirements mi ght be to give effect to a specific proposal and 
what the corresponding benefits to government and business might be, so that a cost/benefit decision 
can be made in the context of the negotiations .  Potential implementation issues may include 
legislation, information manage ment, information and communications technology, human resources, 
organisational and institutional structures, business tr ansaction costs, transport efficiency and so on. 
 This aspect of gap analysis will also enable indi vidual countries to identify any training, technical 
assistance and capacity-building needs, which can then  be highlighted by negotiators in a manner 
consistent with the development theme of the trade facilitation negotiations. 
 
 3.5 Responsibility for conducting the analysis 
The agency with subject matter responsibility for a pa rticular issue should undertake the situation and 
gap analysis.  This same agency  will also be responsible for liaising with relevant business 
stakeholders.  In this way, those who are most techni cally proficient in particul ar matters will be able 
to analyse the issues from the perspective of their particular areas of expertise and drawing 
comparisons with current practice and procedure.  TN/TF/W/51 
Page 26 
 
 It should be noted, however, that the subject-matte r experts should not be required to undertake this 
task in isolation.  They should be guided in the task by both the Trade Facilitation Negotiation Coordination Group and others within their agency, to  ensure that the conclusions drawn are relevant 
to the broader negotiations agenda and the outco mes being sought by the country.  Sharing the 
workload in this way will also help to make the overall task less onerous. 
 In situations where there is potentially more th an one responsible agency, the Trade Facilitation 
Negotiation Coordination Group could be asked to nomin ate the most appropriate agency, in order to 
avoid any potential duplication of effort.  TN/TF/W/51 
 Page 27 
 
 
CHAPTER 4 FEEDBACK 
 
Feedback is the communication mechanism that closes the loop  on the coordination framework for the 
negotiations: 
 
• The request is received from the Geneva-based negotiators; 
 
• It is referred to relevant agencies for action; 
 
• Agencies consult with relevant stakeholders, identify any issues involved and prepare the 
necessary advice to the Trade Facilita tion Negotiation Coordination Group; 
 
• The Trade Facilitation Negotiation Coordination Gr oup consolidates the advice (particularly 
important where more than one agency a nd multiple stakeholders are involved); and 
 
• The contact point within the coordinating ag ency provides the negotiators with a clear 
response. 
 The overall process is depicted in Figure 6. 
 
Figure 6: Overview of Communication,  Consultation and Feedback Process 
 
 
Geneva Negotiators 
 
Stakeholders 
 
Stakeholders 
 
Stakeholders  
Stakeholders 
 
Stakeholders 
 
Stakeholders Clarification Proposal Recommendation 
 
TF Negotiations 
Coordination Group  TN/TF/W/51 
Page 28 
 
 
4.l Consolidating the Results 
 
Once the analysis has been  completed, the Trade Facilitation C oordination Group will be in a position 
to consolidate the results a nd incorporate them into a Consolidated Issues Matrix .  This matrix is 
designed to enable the primary contact point to respond promptly to any issue highlighted in the 
matrix and to establish a clear negotiating position in relation to the issu e for the Geneva-based 
negotiators.  A suggested template for the devel opment of the matrix, including some examples, is 
included at Appendix 4.   4.2 The Timing of Responses 
In the context of the Negotiating Group’s agreed Work Plan and meeting schedule, a request from 
Geneva-based negotiators would normally allow fo r a response to be provided within a reasonable 
timeframe.  Some issues or proposals, for example,  may not require a response for several weeks or 
months.  Provided appropriate coordination mech anisms are in place, the timeframe for response 
should provide adequate opportunity  for appropriate stakeholder an alysis, consolidation of the 
response, and timely feedback. 
 There may, however, be occasions when the negotia tors require an immediate response from in-
country experts.  For example, a negotiating pos ition on a Member’s proposal would generally be 
sought several weeks prior to the scheduled meeting
6, and it could therefore be dealt with in 
accordance with an established consultation framework.  However, during the course of the meeting, a 
specific issue within the proposal may be identif ied as requiring further clarification.  In such 
circumstances, an urgent request may be sent to th e in-country contact point, who in turn would need 
to contact the relevant agency re presentative for immediate response. 
 
It should be emphasised that urgent requests of this nature are likely to be the exception rather than 
the rule.  In such circumstances, it is worth notin g that best practice in relation to consultation 
involves a balance between flexibility and res ponsiveness on the one hand, and consistency and 
transparency of the consultation process on the othe r.  The appropriate balance will depend on the 
particular circumstances of the request for advice.  
                                                     
 
6 Proposals may be circulated several weeks prior to their scheduled discussion  TN/TF/W/51 
 Page 29 
 
 
Appendices  
 
Appendix 1: Annex D of the “July Package”   
Appendix 2: Consultation Mechanis ms: Draft Terms of Reference 
  Appendix 3: Issues Checklist   Appendix 4: Consolidated Issues Matrix 
 TN/TF/W/51 
Page 30 
 
 
Appendix 1  
 
Annex D of the "July Package" 
 
MODALITIES FOR NEGOTIATIONS ON TRADE FACILITATION 
 
1. Negotiations shall aim to clarify and improve re levant aspects of Articles V, VIII and X of the 
GATT 1994 with a view to further expediting the movement, release and clearance of goods, 
including goods in transit.7  Negotiations shall also aim at e nhancing technical assistance and support 
for capacity building in this area.  The negotiatio ns shall further aim at provisions for effective 
cooperation between customs or any other appropr iate authorities on trade facilitation and customs 
compliance issues. 
 
2. The results of the negotiations shall take fully into account the principle of special and differential treatment for developing and least-dev eloped countries.  Members recognize that this 
principle should extend beyond the granting of traditional transition periods for implementing 
commitments.  In particular, the extent and the timin g of entering into commitments shall be related to 
the implementation capacities of developing and least-developed Members.  It is further agreed that 
those Members would not be obliged to undertake investments in infrastructure projects beyond their 
means.  3. Least-developed country Members will only be  required to undertake commitments to the 
extent consistent with their indi vidual development, financial and trade needs or their administrative 
and institutional capabilities. 
 4. As an integral part of the negotiations, Me mbers shall seek to identif y their trade facilitation 
needs and priorities, particularly those of deve loping and least-developed countries, and shall also 
address the concerns of developing and least-devel oped countries related to cost implications of 
proposed measures. 
 5. It is recognized that the provision of technical assistance and support for capacity building is vital for developing and least-developed countries to en able them to fully participate in and benefit 
from the negotiations.  Members, in particular de veloped countries, therefore commit themselves to 
adequately ensure such support a nd assistance during the negotiations.
8 
 6. Support and assistance should also be provi ded to help developing and least-developed 
countries implement the commitments resulting from th e negotiations, in accordance with their nature 
and scope.  In this context, it is recognized that negotiations could lead to certain commitments whose 
implementation would require support for infrastructur e development on the part of some Members.  
In these limited cases, developed-country Members will make every effort to ensure support and 
assistance directly related to the nature and scope of the commitments in order to allow implementation.  It is understood, however, that  in cases where required support and assistance for 
such infrastructure is not forthcoming, and where a developing or least-developed Member continues 
to lack the necessary capacity, impl ementation will not be required.  While every effort will be made 
to ensure the necessary support and assistance, it is  understood that the commitments by developed 
countries to provide such support are not open-ended. 
                                                     
 
7 It is understood that this is without prejudice to the possible format of the final result of the 
negotiations and would allow consideration of various forms of outcomes. 
8 In connection with this paragraph, Members note that paragraph 38 of the Doha Ministerial 
Declaration addresses relevant technical assist ance and capacity building concerns of Members.  TN/TF/W/51 
 Page 31 
 
  7. Members agree to review the effectiveness of the support and assistance provided and its 
ability to support the implementation of the results of the negotiations.  
8. In order to make technical assistance a nd capacity building more effective and operational 
and to ensure better coherence, Members shall invi te relevant internationa l organizations, including 
the IMF, OECD, UNCTAD, WCO and the World Bank to undertake a collaborative effort in this 
regard.  
9. Due account shall be taken of the relevant wo rk of the WCO and other relevant international 
organizations in this area.  10. Paragraphs 45-51 of the Doha Ministerial Decl aration shall apply to these negotiations.  At its 
first meeting after the July session of the Gene ral Council, the Trade Facilitation Negotiations 
Committee shall establish a Negotiating Group on Trade Facilitation and appoint its Chair.  The first 
meeting of the Negotiating Group shall agree on a work plan and schedule of meetings. 
 TN/TF/W/51 
Page 32 
 
 
Appendix 2  
Consultation Mechanisms: Draft Terms of Reference 
 Coordinating Agency 
 
The coordinating agency is the single point of contac t for Geneva-based negotiators.  It is responsible 
for managing communications with Geneva and developing and managing the mechanisms for 
consultation with capital-based experts.  The coordinating agency will:  
• Have overall management res ponsibility for coordinating input in relation to issues and/or 
proposals arising from negotiations on trade facilitation 
 
• Liaise with and formally communicate res ponses to the Geneva-based negotiator(s) 
 
• Develop and maintain a contact list of capital-based experts 
 
• Establish and chair the Trade Facilitation Negotiations Coordination Group, comprising 
representatives of other government agencies 
 
• Develop and manage communications within government in relation to the progress of 
negotiations on trade facilitation and any issues or  proposals arising out of those negotiations. 
 
Trade Facilitation Negotiations Coordination Group 
 
The Trade Facilitation Negotiations Coordinatio n Group (TNCG) is a group chaired by a 
representative of the coordinating agency and comprising representatives of government agencies 
responsible for matters arising from the trade fac ilitation negotiations that are within their normal 
policy mandate.  The TNCG will:  
• Nominate individual points of contact within each  of the relevant agencies for inclusion in the 
contact list administered by TNCG 
 
• Convene as necessary to deal with cross-agency  issues arising out of requests from Geneva-
based negotiator(s) including allocation of r esponsibility for actioning requests to specific 
agencies where more than one ag ency is capable of responding 
 
• Consolidate responses from capital-based expert s to facilitate communication back to the 
Geneva-based negotiator(s) 
 Individual Government Agencies 
 
Individual government agencies (‘the agencies’) are the single liaison points for communication with relevant stakeholders in relation to issues and/or proposals arising from trade facilitation negotiations.  
The agencies will:  
• Participate in the TNCG 
 
• Provide expert advice to the TNCG as required 
 
• Identify any issues arising from the negotiations th at are relevant to the individual agency’s 
policy mandate  TN/TF/W/51 
 Page 33 
 
 
• Identify stakeholders within their ar ea(s) of administrative responsibility 
 
• Obtain input from the identified stakeholders and communicate that input to TFCG 
 
• Nominate subject-matter experts within the i ndividual agency for r esponse to the TFCG as 
required 
 
• Develop and maintain communication with relevant  stakeholders in relation to the progress of 
negotiations and relevant issu es arising from the negotiations. 
 TN/TF/W/51 
Page 34 
 
 
Appendix 3 
Key Considerations for the Gap and Situation Analysis 
 
 
Provision or Proposal being Examined:   ………………………………………………………………… 
Element of Existing National 
Legislation/Processes Implementation Issues to be Considered 
Benefits What are the specific benefits fo r Government and the business 
community that are likely to result from adoption of this proposal?  
Do they justify the costs? 
Legal framework What legislative amendments, if any, are required to implement the 
proposal? What timeframes will be required to make the necessary legislative 
amendments? 
Existing Commitments Is any work already being undertaken to amend national laws in order to 
reflect existing international obligations? 
Administrative policy and 
procedure What amendments to policies and administrative procedures, if any, are 
required to implement the proposal? 
What timeframes will be required to introduce the necessary amendments? 
To what extent are these amendments additional to those already 
identified in the context of existing reform and modernization programs? 
Government Coordination What changes to coordination arrangements among government 
ministries and agencies, if any, are required to implement the proposal? 
To what extent are these changes additional to those already identified in 
the context of existing reform and modernization programs? 
Resource Requirements What financial and other resource requirements are likely to be needed 
to implement the proposal? 
To what extent are these resource requirements additional to those 
already identified in the context of existing reform and modernization 
programs? 
ICT What information and communications technology requirements, if any, 
will be needed to implement the proposal? To what extent are these requirements additional to those already 
identified in the context of existing reform and modernization programs? 
Training, Technical Assistance 
and Capacity-Building Needs What training, technical assistance an d capacity-building needs, if any, 
will be required to implement the proposal? Are such needs restricted to the pub lic sector, or do they extend to the 
business community? 
To what extent are these requirements additional to those already identified in the context of existing reform and modernization programs? 
Timeframe for implementation What is the likely overall timeframe for implementation, given the 
various matters that may need to be addressed? 
 How do we change? 
 
What are the implications?  
Existing 
 National Legislation/ 
Processes  
Required 
National Legislation/ 
Processes  
  TN/TF/W/51
 Page 35Appendix 4 
 
Example of Consolidated Issues Matrix 
 
 
 
NEGOTIATION 
ISSUE 
  
DEADLINE FOR 
RESPONSE TO 
GENEVA 
  
ACTIONING 
AGENCY  
STAKEHOLDERS 
CONTACTED  
STAKEHOLDER RESPONSE  
ADVICE TO GENEVA 
 
 
How many official 
documents are required 
for the importation of 
goods?  
Next scheduled trade 
facilitation 
negotiation meeting  
Trade  
Customs 
 
Ministry of Trade 
 
Ministry of Finance 
 
Quarantine 
  
There are a total of 40 documents 
spread over 5 different government 
agencies (Customs, Quarantine, 
Agriculture, Finance and Defence) 
  
Advice remitted to Geneva. 
 
Intergovernmental working group 
established to explore opportunities to 
reduce the amount of documentation. 
 Transparency under 
GATT Article X – a 
proposal for ‘advance 
rulings’  
Immediate  
Trade 
 
Customs  
Ministry of Foreign Affairs 
 
Ministry of Finance 
 
Importers & Exporters Assoc. 
 
Chamber of Commerce 
 
Customs Brokers Federation 
 
Freight Forwarders  
Carriers 
  
Business stakeholders are strongly 
in support of a system of advance 
rulings as a means of increasing 
transparency but it needs to be 
coupled with better access to 
published Customs laws and 
regulations. Areas of preferred 
application are Valuation, Tariff 
Classification and Origin 
  
Geneva advised that there shouldn’t be 
mandatory requirements for advance 
rulings but the principles are to be 
supported. 
 
Key Gaps – there is currently no legislation 
allowing for advance rulings nor is there 
currently a mechanism for publication of 
customs laws. 
 
There is a need to access technical assistance to support the development of a 
government publications system.  Ministry 
of Trade to follow-up. 
 
GATT Article VIII – a 
proposal to streamline 
port information 
requirements other than 
related to security 
  
Next scheduled trade 
facilitation 
negotiation meeting  
Transport  
Importers & Exporters Assoc. 
 
Freight Forwarders 
 
Carriers 
 
Port Management 
 
Customs  
Support rationalisation of current 
documentary requirements and a 
stated preference for liberalisation of 
current port management (argued by 
shipping lines and freight forwarders 
but opposed by Port Management) 
  
More information is required, particularly 
as to the relationship with security.  Geneva 
asked to seek additiona l information before 
negotiations can proceed further.  
 TN/TF/W/51 
Page 36  
 
GATT Articles V and 
VIII – proposal to 
explore a ‘single 
window’ concept with 
Customs as the primary 
agency responsible for 
border clearances and 
revenue collection 
  
5 September to 
coincide with a 
‘Single Window’ 
working group 
meeting in Sao Paulo  
Trade 
 
Finance  
Customs 
 
Transport 
 
Importers & Exporters Assoc. 
 
Customs Brokers Federation 
 
Freight Forwarders Assoc.  
Express Carriers Assoc. 
 
Carriers 
 
All agencies responsible for 
issuing import and export 
permits  
No clear views established.  There is 
no consensus on what is meant by a 
‘single window’.  Concerns 
expressed by some agencies in terms 
of possible revenue  implications. 
 
Business is supportive on balance 
because it could reduce the 
paperwork involved and could facilitate goods in transit 
  
Additional information required on how it 
would work and what that might mean for 
current laws. 
 
Additional research required into what laws 
would be affected – to be undertaken by 
Trade Ministry. 
 
Gap – the technology to facilitate a ‘single window’ approach to communication.  
Capacity-building needed. 
 
Geneva advised that we will send a 
delegation to the Sao Paulo meeting but 
cannot commit until more is understood. 
 
 
Note: the matrix structure can be modified to suit a particular  country’s circumstances or to highlight any specific aspects of  implementation 
 
__________