WORLD TRADE  
ORGANIZATION  TN/TF/W/172 
1 June 2010 
 
 (10-3020) 
Negotiating Group on Trade Facilitation Original:   English 
 
 
 
COMMUNICATION BY EL SALVADOR, GUATEMALA AND HONDURAS 
 
 
 The following communication, dated 27 May 201 0, is circulated at the request of the 
Delegations of El Salvador, Guatemala and Honduras.  
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PROPOSAL ON LEGAL LANGUAGE FOR SPECIAL AND  
DIFFERENTIAL TREATMENT  
 
 
 
1. Definitions that could be included in the Chapter related to Special and Differential 
Treatment and Technical Assistance and Capaci ty Building of the future Agreement on Trade 
Facilitation (hereinafter referred to as "the Agreement"). 
1.1 Category A – Provisions or sub-parts of provisions that a developing country and a LDC 
Member shall implement upon entry into  force of the Agreement, including1 all provisions or sub-
parts of provisions that a developing country and a LDC Member already implements.   
1.2 Category B – Provisions or sub-parts of provisions included in the schedule by a developing 
country and a LDC that require a transitional period of time to implement which shall be specified in 
the notification. A Developing Country Member  or LDC may include under Category B, the 
provisions and sub-parts of provisions for which a technical assistance agreement with a donor has been concluded and is being carried out.   
1.3 Category C – Provisions or sub-parts of provisions included in the schedule by a developing 
country and a LDC that require technical assistan ce and capacity building to be implemented in a 
transitional period of time which shall be specified in the notification.  
1.4 Developing countries and LDC's shall determine, in  an individual basis, the provisions or sub-
parts of provisions to be included in the schedule under Category A, B and C.
2 
2. Substantive Provisions related to the submission of schedules for Category A, B and C 
Notification of provisions (or sub-par ts of provisions) under Category A   
 
                                                      
1 The inclusion of provisions or sub-parts of provisions that a Developing Country and LDC Member 
currently implements deserves further discussion in the cross-cutting issues debate. 
2 This paragraph could be included under the heading for general provisions.   TN/TF/W/172 
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  2.1 Developing Country Members shall notify to the WTO the provisions or sub-parts of 
provisions under Category A at the time of the signatu re of the Agreement. This notification will form 
an integral part of the Trade Facilitation Agreement.   
2.2 LDCs shall notify to the WTO the provisions or sub-parts of provisions under Category A no 
later than [at entry into force of the Agreement] [or]  [at "X" time after entry into force of the 
Agreement]. 
Notification of provisions (or sub-par ts of provisions) under Category B  
 
2.3 At the entry into force of the Agre ement, Developing Country Members and LDCs3 shall 
submit the schedule for provisions or sub-parts of provisions under Category B.  The schedule shall 
include the provisions or sub-parts of provisions, the provisional period of time for implementation 
and the implementing  national agency.   
2.4 [X] Months after the submission of schedul es for Category B, Developing Country Members 
and LDCs4 shall notify the definitive specific period of  time for the implementation of each provision 
or sub-parts of provisions under Category B.   
Notification of provisions (or sub-par ts of provisions) under Category C  
 
2.5 At the entry into force of the Agre ement, Developing Country Members and LDCs5 shall 
submit the schedule for implementing provisions or sub-parts of provisions under Category C.   
2.6 [X] Months after the entry into force, De veloping Country Members and LDCs shall submit 
the implementation plan for provisions under Cate gory C.  The implementation plan shall include: 
(i) The provisions or sub-parts of provisions under Category C;  
(ii) The definitive specific period for implementation;  in cases where the 
assistance by a donor has not yet been agreed for some provisions or sub-parts of provisions the implementation plan shall include, as a minimum, the 
provisional period for implementation 
(iii) The implementing agency, and  
(iv) The donor, if any
6.   
2.7 For the provisions or sub-parts of provisions  that at the time of the submission of the 
implementation plan as referred in paragraph 2.6 did not include th e donor, Members shall update the 
implementation plan with information regarding the donor committed to assist in the implementation 
of a provision or sub-part of provision an d the definitive period for implementation. 
2.8 The TF Committee shall review periodically  the implementation plans for Category C in 
order to monitor and resolve any difficulties or delays in obtaining TA/CB.  
                                                      
3 Additional flexibility for LDCs may be required.   
4 Additional flexibility for LDCs may be required.   
5 Additional flexibility for LDCs may be required.   
6 This notification shall include the donors that, at the date of submission of the implementation plan, 
have agreed to provide the necessary assistance to help with the implementation of  a provision or sub-part of a provision.  The notification shall include information wh ere a donor has not been identified for provisions or 
sub-parts of provisions.    TN/TF/W/172 
Page 3 
  
  3. Grace Period for the Application of the Understanding on Rules and Procedures 
Governing the Settlement of Disputes7 
3.1 Regarding Category A provisions or sub-part s of provisions, a Member shall not initiate a 
procedure pursuant to Articles XXII and XXIII of GATT 1994  and the Understanding on Rules and 
Procedures Governing the Settlement  of Disputes against a Developing Country Member or a LDC 
for provisions or sub-parts of prov isions under Category A for a period of “X” after entry into force of 
the Agreement. 
4. Use of the "Early Warning Mechanism" [o Extension for the Implementation Period of 
Provisions under Categories B and C] 
4.1 A Developing Country Member or LDC may request an additional period of time to 
implement a provision or sub-parts of provisions co ntained in the schedule for category B and C as 
referred to in paragraphs 2.4 and 2.7, respectively. 
4.2  The request for an additional period of time as referred in paragraph 4.1, shall be submitted to 
the Trade Facilitation Committee x months before the implementation date listed for such provision or 
sub-parts of provisions and shall include the specifi c period of time to extend the transitional period of 
implementation. The first extension shall be gran ted automatically, when not exceeding “x” months. 
4.3 Subsequent requests8 for an additional period of time to implement a provision or sub-parts of 
a provision shall be reviewed by the Trade Facilitation Committee. 
5. Information on Implementation of Provisions listed under Category B and C 
5.1 Upon the end of the implementation period of  a provision or sub-part of a provision, a 
Developing Country Member or LDC shall report  to the Trade Facilitation Committee that the 
provisions or sub-parts of provisi ons have been implemented.  
6. Delivery of Technical Assistance and Capa city Building to Developing Countries and 
LDC's 
6.1 The Trade Facilitation Committee shall provide  a forum to discuss TA/CB including, inter 
alia, issues related to requests and offers of TA/CB to or by donors and/or international organizations, 
discussion on any problems regarding implementation of  provisions or sub-parts of provisions; review 
of progress in the delivery of TA/CB including any difficulties or delays that a Developing or Least-
developed Members are experiencing in obtaining   technical assistance and capacity building, 
delivery of TA/CB by donors a nd international organizations. 
6.2 Developed country Members shall submit to the Trade Facilitation Committee a notification 
containing the following information: 
a. Contact points for aid providers and aid agencies related to trade facilitation; 
 
b. The necessary channels and mechanisms to request assistance; 
 6.3 The information referred to in paragr aph 6.2 shall be updated when necessary. 
                                                     
 
7 For the moment, draft language is proposed for th e grace period related to Category A provisions.  
8 Subject to future discussions proponents are still reflecting the need to further clarify the conditions 
applicable to the presentation of subsequent requests for extension for category B provisions or sub-parts of 
provisions. TN/TF/W/172 
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  6.4 Developed Country Members shall submit, on ce a year, to the Trade Facilitation Committee a 
notification on technical and financial assistance  and capacity building provided to Developing 
Country Members and LDC's in relation to the Trade Facilitation Agreement. 
6.5 International Organizations may submit in formation as referred to in paragraph 6.4. 
 
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