WORLD TRADE  
ORGANIZATION  TN/TF/W/115 
7 June 2006 
 (06-2717) 
Negotiating Group on Trade Facilitation Original:   English 
 
 
 
COMMUNICATION FROM HONG KONG CHINA, JAPAN, KOREA, MONGOLIA, AND 
SWITZERLAND 
 
 
 The following communication, dated 2 June 2006, is being circulated at the request of the 
Delegations of Hong Kong China, Japan , Korea, Mongolia and Switzerland. 
 
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PROPOSAL ON PRIOR PUBLICATION AND CONSULTATION 
 
 
1. The following textual proposal is submitted by  Hong Kong China, Japan, Korea, 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 communication TN/TF/W/102 of 10 May 
2006 and takes account of the discussion and othe r 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/115 
Page 2 
 
 
  Textual Proposals  
 
A. P RIOR PUBLICATION AND CONSULTATION  
1. Prior Consultation 
 Members shall afford appropriate opportunities to interested parties to comment on proposed 
introduction or amendment of trade -related laws, regulations and admi nistrative rulings of general 
application.  Members shall provide information of their legitimate policy objectives pursued and 
allow reasonable period for interested parties to submit comments.   2. Prior Publication 
 Members shall ensure that a reasonable interval  is provided between th e publication of new or 
amended laws, regulations and administrative rulings  of general application, or their drafts or 
summaries, and their entry into for ce in such a manner as to allow traders to become acquainted with 
and well prepared for the compliance with them.   3. Regular Consultation  
 Members shall hold regular consultations between border agencies and traders. 
 4. Reservations 
 Nothing in these provisions shall be constr ued to require Members to carry out any 
responsibility which is not within the co mpetence of their respective government. 
 
5. Special and Differential Treatment 
 [Developing-country Members shall not be require d to apply these provisions for a period of 
[ ] years from the date of application. [Membe rs or a newly established body] shall, upon duly 
motivated request by a developing-country Me mber, accord extensions of this period. 
 
 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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