# EUR-Lex - 52015PC0050 - EN

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# 52015PC0050

**Proposal for a COUNCIL DECISION on the conclusion, on behalf of the European Union, of the Protocol Amending the Marrakesh Agreement Establishing the World Trade Organization /* COM/2015/050 final - 2015/0029 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

Trade facilitation was added to the WTO
work programme at the 1996 Singapore Ministerial Conference.

The Doha Round of trade negotiations in the
World Trade Organization (also called the Doha Development Agenda or
"DDA") was launched in 2001 and covered a broad set of issues
including agriculture, industrial goods, services, industrial subsidies and
development issues. Negotiations on trade facilitation however only started
later after July 2004, when the WTO General Council adopted the "WTO Doha
Round Framework Package" including Annex D providing the negotiating
framework for trade facilitation.

Once launched, negotiations on trade
facilitation had a mandate to clarify and improve relevant aspects of several
articles of the General Agreement on Tariffs and Trade of 1994 ("GATT 1994"):
Article V (Freedom of Transit), Article VIII (Fees and Formalities connected
with Importation and Exportation), and Article X (Publication and
Administration of Trade Regulations) with a view to further expediting the
movement, release and clearance of goods, including goods in transit. Besides,
the mandate states that "the negotiations shall further aim at provisions
for effective cooperation between customs or any other appropriate authorities
on trade facilitation and customs compliance issues". Finally, the mandate
also states that results of the negotiations shall take fully into account the
principle of special and differential treatment for developing and least-developed
countries. Including that the extent and the timing of entering into
commitments shall be related to the implementation capacities of developing and
least-developed Members.

At the 9th WTO Ministerial Conference (MC9) that took
place on 3-6 December 2013, consensus was reached on a set of DDA issues,
including on the Agreement on Trade Facilitation. In this context, the main
outcome of MC9 was the Ministerial Decision on Trade Facilitation
(WT/MIN(13)/36 WT/L/911), under which:

· 
The negotiation of the Agreement on Trade
Facilitation was concluded, subject to a legal revision of the text.

· 
A Preparatory Committee on Trade Facilitation
was established in order to ensure the expeditious entry into force of the
Agreement and in order to prepare for the efficient operation of the Agreement
on Trade Facilitation upon its entry into force.

· 
Ministers instructed the General Council to
adopt a Protocol to insert the Agreement as Annex 1A to the Marrakesh Agreement
establishing the WTO, and to open the Protocol for acceptance until 31 July
2015.

The legal revision of the text of the
Agreement was completed in the first half of 2014. The Protocol was meant for
adoption by end July 2014; however, at the WTO General Council on 24-25 July, a
Member blocked the adoption of the Protocol as it was not satisfied with
progress made on public stockholding programs (which were subject of another
Ministerial Decision in Bali). In November 2014, following intense negotiation
mainly between India and the US, an agreement was reached that broke the
impasse.

Therefore, on 26 November 2014, the General
Council adopted the Protocol amending the Marrakesh Agreement Establishing the
World Trade Organization and opened it for acceptance by each WTO Member
according with its internal procedures. The Protocol will enter into force in
accordance with Article X.3 of the WTO Agreement, taking effect for the Members
that have accepted the Protocol and upon acceptance by two thirds of the WTO
Members.

2.         THE OUTCOME OF THE
NEGOTIATIONS

The Agreement on Trade Facilitation is the
first agreement in the WTO's history and contains a set of measures designed to
improve the cross-border movement of goods by improving transparency,
streamlining customs procedures and eliminating red tape. For developing countries,
it also contains innovative flexibilities which may become standard in future
rules-type agreements. Its benefits have been estimated to be very substantial.
The OECD Trade Facilitation
Indicators estimate that comprehensive implementation of all
measures of the Agreement on Trade Facilitation would reduce total trade costs
by 10% in developed countries and by 13-15.5% in developing countries.

The Agreement is divided into two sections:

· 
Section I contains provisions for expediting the
movement, release and clearance of goods. It clarifies and improves the
relevant articles (V, VIII and X) of the GATT 1994.

· 
Section II contains special and differential
treatment provisions for developing and least-developed countries aimed at
helping them implement the provisions of the Agreement.

The commitments adressed in Section I are
wide and include provisions for the publication of
laws, regulations and procedures, including publication in the Internet; provisions
for advance rulings; disciplines on fees and charges; pre-arrival processing of
goods; use of electronic payment; rapid release of goods; trade facilitation
measures for authorized operators; fast release of expedited shipments and perishable
goods; reduced formalities and documentation requirements; promotion of the use
of a single window; uniformity in application of border procedures; temporary
admission of goods; improved and simplified transit procedures; and provisions
for customs cooperation.

Besides, to assist
developing countries and least-developed countries to implement trade
facilitation reforms, the Agreement includes unprecedented flexibilities on
special and differential treatment. Although the Agreement will be binding in
its entirety on developed countries as from its entry into force, it recognizes
that some developing and least-developed country members will require technical
assistance before they can implement some of the obligations to which it binds
them. Consequently, it has been agreed that commitments by developing and least
developed country members will be implemented according to different categories
of commitments that attach different timeframes for implementation.

It is up to each developing and least-developed
country to determine the timing and entry into force of its commitments,
according to the following categories:

· 
Category A commitments are those that a Member
has designated for implementation upon entry into force of the Agreement;

· 
Category B commitments are those that a Member
has designated for implementation after a transitional period;

· 
Category C commitments are those that a Member
has designated for implementation after a transitional period and upon the
acquisition of implementation capacity through technical assistance and support
for capacity building.

A significant number of developing
countries have already submitted their notifications of Category A commitments.

A complex early-warning procedure has been
established to cover situations where a country experiences difficulty in
obtaining the support required, or where it experiences difficulty in implementation
without technical assistance, and needs to transfer certain commitments from
Category B to Category C. All commitments notified to the Committee on Trade
Facilitation will be annexed to the Agreement and become an integral part thereof.

The Agreement on Trade Facilitation will
enter into force once accepted by two-thirds of the WTO Membership. The swift
entry into force and rapid implementation of the Agreement is in the interest
of the European Union as well as other Members of the WTO, as the Agreement on Trade
Facilitation will contribute to the economic development of all WTO Members.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

Legal basis

The primary objectives of Agreement on Trade
Facilitation are to simplify customs procedures and to ensure that trade flows
as seamlessly and predictably as possible. Therefore, the Agreement covers matters that fall under the
common commercial policy. The legal basis of this
proposal is Article 207(4) in conjunction with Article 218(6) of the Treaty on
the Functioning of the European Union (TFEU).

The proposal falls under the exclusive
competence of the Union. As a result, the principle of subsidiarity does not
apply.

Proposed action

Article 218(6) of the TFEU provides that
the Council, on a proposal from the Commission, shall adopt the decision
concluding the Agreement after obtaining the consent of the European
Parliament. With this proposal the Council is requested to conclude the Protocol
Amending the Marrakesh Agreement Establishing the World Trade Organization. The
European Parliament will be called upon to give its consent to the conclusion
of the Protocol.

4.         BUDGETARY IMPLICATION

This proposal has no implications for the
budget of the Union.

2015/0029 (NLE)

Proposal for a

COUNCIL DECISION

on the conclusion, on behalf of the
European Union, of the Protocol Amending the Marrakesh Agreement Establishing
the World Trade Organization

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in
conjunction with point v) of Article 218(6)(a) thereof,

Having regard to the proposal from the
European Commission,

Having regard to the consent of the
European Parliament[1],

Whereas:

(1)       The World Trade
Organization ("WTO") launched the Doha Round of trade negotiations,
known as the Doha Development Agenda in November 2001. The negotiations on
trade facilitation were launched in July 2004, based on a commitment to clarify
and improve several articles of the General Agreement on Tariffs and Trade 1994
("GATT 1994"): Article V (Freedom of Transit), Article VIII (Fees and
Formalities connected with Importation and Exportation), and Article X
(Publication and Administration of Trade Regulations), with a view to further
expediting the movement, release and clearance of goods, including goods in
transit. Besides, the mandate referred to provisions for effective cooperation
between customs or any other appropriate authorities on trade facilitation and
customs compliance issues.

(2)       Negotiations have been
conducted by the Commission in consultation with the Committee established by
Article 207(3) of the Treaty.

(3)       The 9th WTO
Ministerial Conference held in Bali on 3-6 December 2013 adopted the
Ministerial Decision on Trade Facilitation, which concluded negotiations on the
Agreement on Trade Facilitation subject to the legal review of the text. The
Ministerial Decision also set up the Preparatory Committee on Trade
Facilitation and instructed the WTO's General Council to adopt a Protocol to
insert the Agreement as Annex 1A to the Marrakesh Agreement establishing the
WTO and to open it for acceptance by each WTO Member according to its internal
procedures.

(4)       At its meeting on 26
November 2014, the WTO's General Council adopted the Protocol amending the
Marrakesh Agreement establishing the World Trade Organisation ("the Protocol")
and opened it for acceptance by the WTO Members.

(5)       The Protocol includes the Agreement
on Trade Facilitation and the commitments of developing countries that are
incorporated as an Annex to the Agreement. A
significant number of developing countries have already notified their Category A commitments pursuant to Article 15(1) of the Agreement on
Trade Facilitation. The Committee on Trade Facilitation will receive the
notifications of commitments under Category A for least-developed countries
pursuant to Article 15(2) of the Agreement on Trade Facilitation and the
notifications of commitments under Categories B and C for both developing and
least-developed countries pursuant to Article 16(5) of the Agreement on Trade
Facilitation. The commitments will become an integral part of the Agreement on
Trade Facilitation.

(6)       The Protocol should be concluded
on behalf of the Union,

HAS ADOPTED THIS DECISION:

Article 1

The Protocol Amending the Marrakesh Agreement Establishing the World
Trade Organization is hereby concluded on behalf of the European Union.

The text of the Protocol is attached to
this Decision.

Article 2

The President of the
Council shall designate the person(s) empowered to deposit, on behalf of the
Union, the instrument of acceptance, as specified in paragraph 4 of the Protocol
in order to express the consent of the Union to be bound by the Protocol[2].

Article 3

This Protocol shall not be construed as
conferring rights or imposing obligations which can be directly invoked in
courts of the Union or Member State.

Article 4

This Decision shall enter into force on the
day of its adoption.

Done at Brussels,

For
the Council

The
President

[1]               OJ C , , p. .

[2]               The date of entry into force of the Protocol will be
published in the Official Journal of the European Union by the General
Secretariat of the Council.

PROTOCOL AMENDING THE MARRAKESH AGREEMENT
ESTABLISHING
THE WORLD TRADE ORGANIZATION

Members of the World Trade Organization;

Referring to the Agreement on Trade Facilitation;

Having regard to the Decision of the General Council in document WT/L/940, adopted pursuant to paragraph 1 of Article
X of the Marrakesh Agreement Establishing the World Trade Organization
("the WTO Agreement");

Hereby agree as follows:

1.         Annex 1A to the WTO Agreement
shall, upon entry into force of this Protocol
pursuant to paragraph 4, be amended by the insertion of the Agreement on Trade
Facilitation, as set out in the Annex to this Protocol, to be placed after the
Agreement on Safeguards.

2.         Reservations may
not be entered in respect of any of the provisions of this Protocol without the
consent of the other Members.

3.         This
Protocol is hereby open for acceptance by
Members.

4.         This Protocol shall enter into force in accordance with paragraph 3 of
Article X of the WTO Agreement.[1]

5.         This Protocol shall be deposited
with the Director-General of the World Trade Organization who shall promptly
furnish to each Member a certified copy thereof and a notification of each
acceptance thereof pursuant to paragraph 3.

6.         This Protocol shall be
registered in accordance with the provisions of Article 102 of the Charter of
the United Nations.

Done at Geneva this twenty-seventh day of November two thousand and
fourteen, in a single copy in the English, French and
Spanish languages, each text being authentic.

__________

ANNEX TO THE
PROTOCOL AMENDING THE MARRAKESH AGREEMENT ESTABLISHING THE WORLD TRADE ORGANIZATION

AGREEMENT
ON TRADE FACILITATION

Preamble

Members,

Having regard to the negotiations launched under the Doha Ministerial Declaration;

Recalling and reaffirming the mandate and principles contained in paragraph 27 of the Doha
Ministerial Declaration (WT/MIN(01)/DEC/1) and in Annex D of the Decision of
the Doha Work Programme adopted by the General Council on 1 August 2004
(WT/L/579), as well as in paragraph 33 of and Annex E to the Hong Kong
Ministerial Declaration (WT/MIN(05)/DEC);

Desiring 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;

Recognizing the
particular needs of developing and especially least-developed country Members
and desiring to enhance assistance and support for capacity building in this
area;

Recognizing
the need for effective cooperation among Members on trade facilitation and customs
compliance issues;

Hereby agree as follows:

SECTION
I

ARTICLE 1:
PUBLICATION AND AVAILABILITY OF INFORMATION

1            Publication

1.1.      Each Member shall promptly
publish the following information in a non-discriminatory and easily accessible
manner in order to enable governments, traders, and other interested parties to
become acquainted with them:

(a)     procedures
for importation, exportation, and transit (including port, airport, and other
entry-point procedures), and required forms and documents;

(b)     applied rates of duties and taxes of
any kind imposed on or in connection with importation or exportation;

(c)     fees and charges imposed by or for
governmental agencies on or in connection with importation, exportation or
transit;

(d)     rules for the classification or
valuation of products for customs purposes;

(e)     laws, regulations, and administrative
rulings of general application relating to rules of origin;

(f)     import, export or transit restrictions
or prohibitions;

(g)     penalty provisions for breaches of
import, export, or transit formalities;

(h)     procedures for appeal or review;

(i)      agreements or parts thereof with any
country or countries relating to importation, exportation, or transit; and

(j)      procedures relating to the
administration of tariff quotas.

1.2.      Nothing in these provisions shall be construed as requiring
the publication or provision of information other than in the language of the
Member except as stated in paragraph 2.2.

2            Information Available Through Internet

2.1       Each Member shall
make available, and update to the extent possible and as appropriate, the following through the internet:

(a)     a description[2] of its procedures for importation, exportation, and
transit, including procedures for appeal or review, that informs governments, traders, and other interested parties of
the practical steps needed for importation, exportation, and transit;

(b)     the forms and documents required for importation into, exportation from, or
transit through the territory of that Member;

(c)     contact information on its enquiry point(s).

2.2       Whenever practicable, the
description referred to in subparagraph 2.1(a) shall also be made available in
one of the official languages of the WTO.

2.3       Members are encouraged to make available further trade-related
information through the internet, including relevant trade-related legislation
and other items referred to in paragraph 1.1.

3            Enquiry Points

3.1       Each Member shall, within its
available resources, establish or maintain one or more enquiry points to answer
reasonable enquiries of governments, traders, and other interested parties on
matters covered by paragraph 1.1 and to provide the required forms and
documents referred to in subparagraph 1.1(a).

3.2       Members of a customs union or
involved in regional integration may establish or maintain common enquiry
points at the regional level to satisfy the requirement of paragraph 3.1 for
common procedures.

3.3       Members are encouraged not to
require the payment of a fee for answering enquiries and providing required
forms and documents. If any, Members shall limit the amount of their fees and
charges to the approximate cost of services rendered.

3.4       The enquiry points shall answer
enquiries and provide the forms and documents within a reasonable time period
set by each Member, which may vary depending on the nature or complexity of the
request.

4            Notification

Each Member shall notify the Committee on Trade
Facilitation established under paragraph 1.1 of Article 23 (referred to in this
Agreement as the "Committee") of:

(a)     the official place(s) where the items
in subparagraphs 1.1(a) to (j) have been published;

(b)     the Uniform Resource Locators of
website(s) referred to in paragraph 2.1; and

(c)     the contact information of the enquiry
points referred to in paragraph 3.1.

ARTICLE 2: OPPORTUNITY TO COMMENT, INFORMATION BEFORE ENTRY INTO FORCE, AND CONSULTATIONS

1            Opportunity to Comment
and Information before Entry into Force

1.1       Each Member shall, to the extent
practicable and in a manner consistent with its domestic law and legal system,
provide opportunities and an appropriate time period to traders and other interested parties to comment on the proposed introduction or
amendment of laws and regulations of general application related to the
movement, release, and clearance of goods, including goods in transit.

1.2       Each Member shall, to the extent
practicable and in a manner consistent with its domestic law and legal system, ensure that new or amended laws and regulations
of general application related to the movement, release, and clearance of goods,
including goods in transit, are published or information on them made otherwise
publicly available, as early as possible before their entry into force, in
order to enable traders and other interested parties to become acquainted with
them.

1.3       Changes to duty rates or tariff rates, measures that have a
relieving effect, measures the effectiveness
of which would be undermined as a result of compliance with paragraphs 1.1 or 1.2, measures applied in urgent circumstances, or minor changes to
domestic law and legal system are each excluded from paragraphs 1.1 and 1.2.

2            Consultations

Each Member shall, as appropriate, provide
for regular consultations between its border agencies and traders or other
stakeholders located within its territory.

ARTICLE
3: ADVANCE RULINGS

1.         Each Member shall issue an
advance ruling in a reasonable, time-bound manner to the applicant that has
submitted a written request containing all necessary information. If a Member
declines to issue an advance ruling, it shall promptly notify the applicant in
writing, setting out the relevant facts and the basis for its decision.

2.         A Member may decline to issue an
advance ruling to the applicant where the question raised in the application:

(a)     is already pending in the applicant's
case before any governmental agency, appellate tribunal, or court; or

(b)     has already been decided by any
appellate tribunal or court.

3.         The advance ruling shall be
valid for a reasonable period of time after its issuance unless the law, facts,
or circumstances supporting
that ruling have changed.

4.         Where the Member revokes,
modifies, or invalidates the advance ruling, it shall provide written notice to
the applicant setting out the relevant facts and the basis for its decision.
Where a Member revokes, modifies, or invalidates advance rulings with
retroactive effect, it may only do so where the ruling was based on incomplete,
incorrect, false, or misleading information.

5.         An advance ruling issued by a
Member shall be binding on that Member in respect of the applicant that sought
it. The Member may provide that the advance ruling is binding on the applicant.

6.         Each Member shall publish, at a
minimum:

(a)     the requirements for the application for an advance ruling, including the
information to be provided and the format;

(b)     the time period by which it will issue
an advance ruling; and

(c)     the length of time for which the
advance ruling is valid.

7.         Each Member shall provide, upon
written request of an applicant, a review of the advance ruling or the decision
to revoke, modify, or invalidate the advance ruling.[3]

8.         Each Member shall endeavour to
make publicly available any information on advance rulings which it considers
to be of significant interest to other interested parties, taking into account
the need to protect commercially confidential information.

9.         Definitions and scope:

(a)     An advance ruling is a written
decision provided by a Member to the applicant prior to the importation of a
good covered by the application that sets forth the treatment that the Member shall
provide to the good at the time of importation with regard to:

(i)      the good's tariff classification; and

(ii)     the origin of the good.[4]

(b)     In addition to the advance rulings
defined in subparagraph (a), Members are encouraged to provide advance rulings
on:

(i)      the appropriate method or criteria,
and the application thereof, to be used for determining the customs value under
a particular set of facts;

(ii)     the applicability of the Member's
requirements for relief or exemption from customs duties;

(iii)    the application of the Member's requirements
for quotas, including tariff quotas; and

(iv)    any additional matters for which a
Member considers it appropriate to issue an advance ruling.

(c)     An applicant is an exporter, importer
or any person with a justifiable cause or a representative thereof.

(d)     A Member may require
that the applicant have legal representation or registration in its territory.
To the extent possible, such requirements shall not restrict the categories of
persons eligible to apply for advance rulings, with particular consideration
for the specific needs of small and medium-sized enterprises. These
requirements shall be clear and transparent and not constitute a means of arbitrary or unjustifiable discrimination.

ARTICLE 4: PROCEDURES FOR APPEAL OR REVIEW

1.         Each Member shall provide that any person to whom customs issues an
administrative decision[5] has the right, within its territory, to:

(a)     an administrative appeal to or review
by an administrative authority higher than or independent of the official or office that issued the decision;

and/or

(b)     a judicial appeal or review of the
decision.

2.         The legislation of a Member may
require that an administrative appeal or review be initiated prior to a
judicial appeal or review.

3.         Each Member shall ensure that
its procedures for appeal or review are carried out in a non-discriminatory
manner.

4.         Each Member shall ensure that, in a case where the decision on
appeal or review under subparagraph 1(a) is not given either:

(a)     within set periods as specified in its
laws or regulations; or

(b)     without undue delay

the petitioner has the right to either
further appeal to or further review by the administrative authority or the judicial authority or any other recourse to the
judicial authority.[6]

5.         Each Member shall ensure that
the person referred to in paragraph 1 is provided with the reasons for the
administrative decision so as to enable such a person to have recourse to
procedures for appeal or review where necessary.

6.         Each Member is encouraged to make
the provisions of this Article applicable to an administrative decision issued
by a relevant border agency other than customs.

ARTICLE 5:
OTHER MEASURES TO ENHANCE IMPARTIALITY, NON-DISCRIMINATION AND TRANSPARENCY

1            Notifications for enhanced controls or inspections

Where a Member adopts or maintains a system
of issuing notifications or guidance to its concerned authorities for enhancing
the level of controls or inspections at the border in respect of foods,
beverages, or feedstuffs covered under the notification or guidance for
protecting human, animal, or plant life or health within its territory, the
following disciplines shall apply to the manner of their issuance, termination,
or suspension:

(a)     the Member may, as appropriate, issue the notification or guidance
based on risk;

(b)     the Member may issue the notification
or guidance so that it applies uniformly only to those points of entry where
the sanitary and phytosanitary conditions on which the notification or guidance
are based apply;

(c)     the Member shall promptly terminate or
suspend the notification or guidance when circumstances giving rise to it no
longer exist, or if changed circumstances can be addressed in a less
trade-restrictive manner; and

(d)     when the Member decides to terminate
or suspend the notification or guidance, it shall, as appropriate, promptly
publish the announcement of its termination or suspension in a
non-discriminatory and easily accessible manner, or inform the exporting Member
or the importer.

2            Detention

A Member shall promptly inform the carrier
or importer in case of detention of goods declared for importation, for
inspection by customs or any other competent authority.

3            Test Procedures

3.1       A member may, upon request, grant an opportunity for a second test in
case the first test result of a sample taken upon
arrival of goods declared for importation shows an adverse finding.

3.2       A Member shall either publish, in a non-discriminatory and easily
accessible manner, the name and address of any laboratory where the test can be
carried out or provide this information to the importer when it is granted the
opportunity provided under
paragraph 3.1.

3.3       A Member shall consider the result of the second test, if any, conducted under paragraph 3.1, for
the release and clearance of goods and, if appropriate, may accept the results
of such test.

ARTICLE 6:
DISCIPLINES ON FEES
AND CHARGES IMPOSED ON OR IN CONNECTION WITH IMPORTATION AND EXPORTATION AND
PENALTIES

1            General Disciplines on Fees and Charges Imposed on or in Connection
with Importation and Exportation

1.1       The provisions of paragraph 1
shall apply to all fees and charges other than import and export duties and
other than taxes within the purview of Article III of GATT 1994 imposed by
Members on or in connection with the importation or exportation of goods.

1.2       Information on fees and charges
shall be published in accordance with Article 1. This information shall include
the fees and charges that will be applied, the reason for such fees and charges,
the responsible authority and when and how payment is to be made.

1.3       An adequate time period shall be
accorded between the publication of new or amended fees and charges and their
entry into force, except in urgent circumstances. Such fees and charges shall
not be applied until information on them has been published.

1.4       Each Member shall periodically
review its fees and charges with a view to reducing their number and diversity,
where practicable.

2            Specific disciplines on Fees and Charges for Customs Processing Imposed
on or in Connection with Importation and Exportation

Fees and charges for customs processing:

(i)      shall be limited in amount to the
approximate cost of the services rendered on or in connection with the specific
import or export operation in question; and

(ii)     are not required to be linked to a
specific       import or export operation provided they are levied for services
that are closely connected to the customs processing of       goods.

3            Penalty Disciplines

3.1       For the purpose of paragraph 3,
the term "penalties" shall mean those imposed by a Member's customs
administration for a breach of the Member's customs laws, regulations, or
procedural requirements.

3.2       Each Member shall ensure that
penalties for a breach of a customs law, regulation, or procedural requirement
are imposed only on the person(s) responsible for the breach under its laws.

3.3       The penalty imposed shall depend
on the facts and circumstances of the case and shall be commensurate with the
degree and severity of the breach.

3.4       Each Member shall ensure that it maintains measures to avoid:

(a)     conflicts of interest in the
assessment and collection of penalties and duties; and

(b)     creating an incentive for the
assessment or collection of a penalty that is inconsistent with paragraph 3.3.

3.5       Each Member shall ensure that
when a penalty is imposed for a breach of customs laws, regulations, or
procedural requirements, an explanation in writing is provided to the person(s)
upon whom the penalty is imposed specifying the nature of the breach and the
applicable law, regulation or procedure under which the amount or range of
penalty for the breach has been prescribed.

3.6       When a person voluntarily
discloses to a Member's customs administration the circumstances of a breach of
a customs law, regulation, or procedural requirement prior to the discovery of
the breach by the customs administration, the Member is encouraged to, where
appropriate, consider this fact as a potential mitigating factor when
establishing a penalty for that person.

3.7       The provisions of this paragraph
shall apply to the penalties on traffic in transit referred to in paragraph
3.1.

ARTICLE 7:
RELEASE AND CLEARANCE OF GOODS

1            Pre-arrival Processing

1.1       Each Member shall adopt or maintain procedures allowing for the
submission of import documentation and other required information, including
manifests, in order to begin processing prior to the arrival of goods with a
view to expediting the release of goods upon arrival.

1.2       Each Member
shall, as appropriate, provide for advance lodging of documents in electronic
format for pre-arrival processing of such documents.

2            Electronic Payment

Each Member shall, to the extent
practicable, adopt or maintain procedures allowing the option of electronic
payment for duties, taxes, fees, and charges collected by customs incurred upon
importation and exportation.

3            Separation of Release from Final Determination of Customs Duties, Taxes,
Fees and Charges

3.1       Each Member shall adopt or
maintain procedures allowing the release of goods prior to the final
determination of customs duties, taxes, fees, and charges, if such a
determination is not done prior to, or upon arrival, or as rapidly as possible
after arrival and provided that all other regulatory requirements have been
met.

3.2       As a condition for such release,
a Member may require:

(a)     payment of customs duties, taxes, fees,
and charges determined prior to or upon arrival of goods and a guarantee for
any amount not yet determined in the form of a surety, a deposit, or another
appropriate instrument provided for in its laws and regulations; or

(b)     a guarantee in the form of a surety, a
deposit, or another appropriate instrument      provided for in its laws and
regulations.

3.3       Such guarantee shall not be greater than the amount the Member
requires to ensure payment of customs duties, taxes, fees, and charges
ultimately due for the goods covered by the guarantee.

3.4       In cases where an offence
requiring imposition of monetary penalties or fines has been detected, a
guarantee may be required for the penalties and fines that may be imposed.

3.5       The guarantee as set out in
paragraphs 3.2 and 3.4 shall be discharged when it is no longer required.

3.6       Nothing in these provisions shall
affect the right of a Member to examine, detain, seize or confiscate or deal
with the goods in any manner not otherwise inconsistent with the Member's WTO
rights and obligations.

4            Risk Management

4.1       Each Member shall, to the extent
possible, adopt or maintain a risk management system for customs control.

4.2       Each Member shall design and apply risk management in a manner as to
avoid arbitrary or unjustifiable discrimination, or a disguised restriction on
international trade.

4.3       Each Member shall concentrate customs control and, to the extent
possible other relevant border controls, on high-risk consignments and expedite
the release of low-risk consignments. A Member also may select, on a random
basis, consignments for such controls as part of its risk management.

4.4       Each
Member shall base risk management on an assessment of risk through appropriate
selectivity criteria. Such selectivity criteria may include,
inter alia, the Harmonized System code, nature and description of
the goods, country of origin, country from which the goods were shipped, value
of the goods, compliance record of traders, and type of means of transport.

5            Post-clearance Audit

5.1       With a view to expediting the
release of goods, each Member shall adopt or maintain post-clearance audit to
ensure compliance with customs and other related laws and regulations.

5.2       Each Member shall select a person
or a consignment for post-clearance audit in a risk-based manner, which may
include appropriate selectivity criteria. Each Member shall conduct
post-clearance audits in a transparent manner. Where the person is involved in
the audit process and conclusive results have been achieved the Member shall,
without delay, notify the person whose record is audited of the results, the
person's rights and obligations, and the reasons for the results.

5.3       The
information obtained in
post-clearance audit may be used in further administrative or judicial
proceedings.

5.4       Members shall, wherever practicable, use the result of
post-clearance audit in applying risk management.

6            Establishment and Publication of Average Release Times

6.1       Members are encouraged to measure and publish their average release
time of goods periodically and in a consistent manner, using tools such as, inter alia, the
Time Release Study of the World Customs Organization (referred to in this
Agreement as the “WCO”).[7]

6.2       Members are encouraged to share
with the Committee their experiences in measuring average release times,
including methodologies used, bottlenecks identified, and any resulting effects
on efficiency.

7            Trade Facilitation Measures for Authorized Operators

7.1       Each Member shall provide
additional trade facilitation measures related to import, export, or transit
formalities and procedures, pursuant to paragraph 7.3, to operators who meet
specified criteria, hereinafter called authorized operators. Alternatively, a
Member may offer such trade facilitation measures through customs procedures
generally available to all operators and is not required to establish a
separate scheme.

7.2       The
specified criteria to qualify as an authorized
operator shall be related to compliance, or the risk
of non-compliance, with requirements specified in a Member's laws, regulations or procedures.

(a)     Such criteria,
which shall be published, may include:

(i)      an appropriate record of compliance with customs and other related
laws and regulations;

(ii)     a system of managing records to allow for necessary internal
controls;

(iii)    financial solvency, including, where appropriate, provision of a
sufficient security or guarantee;
and

(iv)    supply chain security.

(b)     Such criteria shall not:

(i)      be designed or
applied so as to afford or create arbitrary or unjustifiable discrimination
between operators where the same conditions prevail; and

(ii)     to the extent
possible, restrict the participation of small and medium-sized enterprises.

7.3       The trade facilitation measures provided
pursuant to paragraph 7.1
shall include at least three of the following
measures:[8]

(a)     low documentary
and data requirements, as appropriate;

(b)     low rate of physical
inspections and examinations, as appropriate;

(c)     rapid release time, as appropriate;

(d)     deferred payment of duties, taxes,
fees, and charges;

(e)     use of comprehensive guarantees or reduced guarantees;

(f)     a single customs declaration for all imports or exports in a given
period; and

(g)     clearance of goods at the premises of
the authorized operator or another place authorized by customs.

7.4       Members are encouraged to develop authorized operator
schemes on the basis of international standards, where such standards exist, except when such standards would be an
inappropriate or ineffective means for the fulfilment of the legitimate
objectives pursued.

7.5       In order to enhance the trade facilitation measures provided to operators,
Members shall afford to other Members the possibility of
negotiating mutual recognition of authorized operator schemes.

7.6       Members shall exchange relevant
information within the Committee about authorized operator schemes in force.

8            Expedited Shipments

8.1       Each Member shall adopt or maintain procedures allowing for the
expedited release of at least those goods entered through air cargo facilities
to persons who apply for such treatment, while maintaining customs control.[9] If a Member employs
criteria[10]
limiting who may apply, the Member may, in published criteria, require that the
applicant shall, as conditions for qualifying for the application of the
treatment described in paragraph 8.2 to its expedited shipments:

(a)     provide adequate infrastructure and
payment of customs expenses related to processing of expedited shipments in
cases where the applicant fulfils the Member's requirements for such processing
to be performed at a dedicated facility;

(b)     submit in advance of the arrival of an
expedited shipment the information necessary for the release;

(c)     be assessed fees limited in amount to
the approximate cost of services rendered in providing the treatment described
in paragraph 8.2;

(d)     maintain a high degree of control over
expedited shipments through the use of       internal security, logistics, and
tracking technology from pick-up to delivery;

(e)     provide expedited shipment from
pick-up to delivery;

(f)     assume liability for payment of all
customs duties, taxes, fees, and charges to the    customs authority for the
goods;

(g)     have a good record of compliance with
customs and other related laws and regulations;

(h)     comply with other conditions directly
related to the effective enforcement of the   Member's laws, regulations, and
procedural requirements, that specifically relate to providing the treatment
described in paragraph 8.2.

8.2       Subject to paragraphs 8.1 and 8.3, Members shall:

(a)     minimize the documentation required
for the release of expedited shipments in accordance with paragraph 1 of
Article 10 and, to the extent possible, provide for release based on a single
submission of information on certain shipments;

(b)     provide for expedited shipments to be
released under normal circumstances as rapidly as possible after arrival,
provided the information required for release has been submitted;

(c)     endeavour to apply the treatment in
subparagraphs (a) and (b) to shipments of any weight or value recognizing that
a Member is permitted to require additional entry procedures, including
declarations and supporting documentation and payment of duties and taxes, and
to limit such treatment based on the type of good, provided the treatment is
not limited to low value goods such as documents; and

(d)     provide, to the extent possible, for a
de minimis shipment value or dutiable amount for which customs duties
and taxes will not be collected, aside from certain prescribed goods. Internal
taxes, such as value added taxes and excise taxes, applied to imports
consistently with Article III of the GATT 1994 are not subject to this
provision.

8.3       Nothing
in paragraphs 8.1 and 8.2 shall affect the right of a Member to examine, detain,
seize, confiscate or refuse
entry of goods, or to carry
out post-clearance audits, including in connection with the use of risk management systems. Further, nothing in paragraphs 8.1 and 8.2
shall prevent a Member from requiring, as a condition for release, the
submission of additional information and the fulfilment of non-automatic
licensing requirements.

9            Perishable Goods[11]

9.1       With a view to preventing avoidable loss
or deterioration of perishable goods, and provided
that all
regulatory requirements have been met, each Member shall provide for the release of perishable goods:

(a)     under normal circumstances within the
shortest possible time; and

(b)     in exceptional circumstances where it
would be appropriate to do so, outside the business hours of customs and other
relevant authorities.

9.2       Each Member shall give appropriate priority to perishable goods
when scheduling any examinations that may be required.

9.3       Each Member shall either arrange or allow an importer to
arrange for the proper storage of perishable goods
pending their release. The Member may require
that any storage facilities arranged by the importer have been approved or
designated by its relevant authorities. The movement of the goods to those
storage facilities, including authorizations for the operator moving the goods,
may be subject to the approval, where required, of the relevant authorities.
The Member shall, where practicable and consistent with domestic legislation,
upon the request of the importer, provide for any procedures necessary for
release to take place at those storage facilities.

9.4       In cases of significant delay in
the release of perishable goods, and upon written request, the importing Member shall, to the extent
practicable, provide a communication on the reasons for the delay.

ARTICLE 8:
BORDER AGENCY COOPERATION

1.         Each Member shall ensure that
its authorities and agencies responsible for border controls and procedures
dealing with the importation, exportation, and transit of goods cooperate with
one another and coordinate their activities in order to facilitate trade.

2.         Each Member shall, to the extent
possible and practicable, cooperate on mutually agreed terms with other Members with whom it shares a common
border with a view to coordinating procedures at border crossings to facilitate cross-border trade.
Such cooperation and coordination may include:

(a)     alignment of working days and hours;

(b)     alignment of procedures and
formalities;

(c)     development and sharing of common
facilities;

(d)     joint controls;

(e)     establishment of one stop border post
control.

ARTICLE 9: MOVEMENT OF GOODS INTENDED FOR IMPORT UNDER CUSTOMS CONTROL

Each Member shall, to the extent
practicable, and provided all regulatory requirements are met, allow goods
intended for import to be moved within its territory under customs control from
a customs office of entry to another customs office in its territory from where
the goods would be released or cleared.

ARTICLE 10:
FORMALITIES CONNECTED WITH IMPORTATION, EXPORTATION AND TRANSIT

1            Formalities and Documentation Requirements

1.1       With a view to
minimizing the incidence and complexity of import, export, and transit
formalities and to decreasing and simplifying
import, export, and transit documentation requirements and taking into account
the legitimate policy objectives and other factors such as changed
circumstances, relevant new information, business practices, availability of
techniques and technology, international best practices, and inputs from
interested parties, each Member shall review such formalities and documentation
requirements and, based on the results of the review, ensure, as appropriate,
that such formalities and documentation requirements are:

(a)     adopted and/or applied with a view to a
rapid release and clearance of goods, particularly perishable goods;

(b)     adopted and/or applied in a manner that aims
at reducing the time and cost of compliance for traders and operators;

(c)     the least trade restrictive measure chosen
where two or more alternative measures are reasonably available for fulfilling
the policy objective or objectives in question; and

(d)     not maintained, including parts thereof, if
no longer required.

1.2       The Committee shall
develop procedures for the sharing by Members of relevant information and best practices, as
appropriate.

2            Acceptance of Copies

2.1       Each Member shall, where appropriate, endeavour to accept paper or
electronic copies of supporting documents required for import, export, or
transit formalities.

2.2       Where a government agency of a Member already holds the original of
such a document, any other agency of that Member shall accept a paper or
electronic copy, where applicable, from the agency holding the original in lieu
of the original document.

2.3       A Member shall not require an original or copy of export declarations
submitted to the customs authorities of the exporting Member as a requirement
for importation.[12]

3            Use of International Standards

3.1       Members are encouraged to use
relevant international standards or parts thereof as a basis for their import, export, or transit formalities and procedures, except as otherwise provided for in this Agreement.

3.2       Members are encouraged to take
part, within the limits of their resources, in the preparation and periodic
review of relevant international standards by appropriate international
organizations.

3.3       The Committee shall develop
procedures for the sharing by Members of relevant information, and best
practices, on the implementation of international standards, as appropriate.
The Committee may also invite relevant international organizations to discuss
their work on international standards. As appropriate, the Committee may
identify specific standards that are of particular value to Members.

4            Single Window

4.1       Members shall endeavour to establish or maintain a single window,
enabling traders to submit documentation and/or data requirements for
importation, exportation, or transit of goods through a single entry point to
the participating authorities or agencies. After the examination by the
participating authorities or agencies of the documentation and/or data, the
results shall be notified to the applicants through the single window in a
timely manner.

4.2       In cases where documentation
and/or data requirements have already been received through the single window,
the same documentation and/or data requirements shall not be requested by
participating authorities or agencies except in urgent circumstances and other
limited exceptions which are made public.

4.3       Members shall notify the Committee of the details of operation of the single window.

4.4       Members
shall, to the extent possible and practicable, use information technology to
support the single window.

5            Preshipment Inspection

5.1       Members shall not require the use
of preshipment inspections in relation to tariff classification and customs
valuation.

5.2       Without prejudice to the rights
of Members to use other types of preshipment inspection not covered by
paragraph 5.1, Members are encouraged not to introduce or apply new
requirements regarding their use.[13]

6            Use of Customs Brokers

6.1       Without prejudice to the
important policy concerns of some Members that currently maintain a special
role for customs brokers, from the entry into force of this Agreement Members
shall not introduce the mandatory use of customs brokers.

6.2       Each
Member shall notify the Committee and publish its measures on the use of customs brokers. Any
subsequent modifications thereof shall be notified and published promptly.

6.3       With regard to the licensing of customs brokers, Members shall apply rules that
are transparent and objective.

7            Common Border Procedures and Uniform Documentation Requirements

7.1       Each Member shall, subject to
paragraph 7.2, apply common customs procedures and uniform documentation
requirements for release and clearance of goods throughout its territory.

7.2       Nothing in this Article shall
prevent a Member from:

(a)     differentiating its procedures and
documentation requirements based on the nature and type of goods, or their
means of transport;

(b)     differentiating its procedures and
documentation requirements for goods based on risk management;

(c)     differentiating
its procedures and documentation requirements to provide total or partial
exemption from import duties or taxes;

(d)     applying
electronic filing or processing; or

(e)     differentiating its procedures and
documentation requirements in a manner consistent with the Agreement on the
Application of Sanitary and Phytosanitary Measures.

8            Rejected Goods

8.1       Where goods presented for import are rejected by the competent
authority of a Member on account of their failure to meet prescribed sanitary
or phytosanitary regulations or technical regulations, the Member shall,
subject to and consistent with its laws and regulations, allow the importer to
re-consign or to return the rejected goods to the exporter or another person
designated by the exporter.

8.2       When such an option under paragraph 8.1 is given and the importer fails to exercise it within a reasonable
period of time, the competent authority may take a different course of action
to deal with such non‑compliant goods.

9            Temporary Admission of Goods and Inward and Outward
Processing

9.1       Temporary
Admission of Goods

Each Member shall allow, as provided for in
its laws and regulations, goods to be brought into its customs territory conditionally
relieved, totally or partially, from payment of import duties and taxes if such
goods are brought into its customs territory for a specific purpose, are
intended for re-exportation within a specific period, and have not undergone
any change except normal depreciation and wastage due to the use made of them.

9.2       Inward and Outward
Processing

(a)     Each Member shall allow, as provided
for in its laws and regulations, inward and outward processing of goods. Goods
allowed for outward processing may be re-imported with total or partial
exemption from import duties and taxes in accordance with the Member's laws and
regulations.

(b)     For the purposes of this Article, the
term "inward processing" means the customs procedure under which
certain goods can be brought into a Member’s customs territory conditionally
relieved, totally or partially, from payment of import duties and taxes, or
eligible for duty drawback, on the basis that such goods are intended for
manufacturing, processing, or repair and subsequent exportation.

(c)     For the purposes of this Article, the
term "outward processing" means the customs procedure under which
goods which are in free circulation in a Member’s customs territory may be
temporarily exported for manufacturing, processing, or repair abroad and then
re-imported.

ARTICLE 11:
FREEDOM OF TRANSIT

1.         Any regulations or formalities in
connection with traffic in transit imposed by a Member shall not be:

(a)     maintained if the circumstances or
objectives giving rise to their adoption no           longer exist or if the
changed circumstances      or objectives can be addressed in a reasonably
available less trade-restrictive manner;

(b)     applied in a manner that would constitute a
disguised restriction on traffic in transit.

2.         Traffic in transit shall not be
conditioned upon collection of any fees or charges imposed in respect of
transit, except the charges for transportation or those commensurate with
administrative expenses entailed by transit or with the cost of services
rendered.

3.         Members shall not seek, take, or
maintain any voluntary restraints or any other similar measures on traffic in
transit. This is without prejudice to existing and future national regulations,
bilateral or multilateral arrangements related to regulating transport,
consistent with WTO rules.

4.         Each Member shall accord to
products which will be in transit through the territory of any other Member
treatment no less favourable than that which would be accorded to such products
if they were being transported from their place of origin to their destination
without going through the territory of such other Member.

5.         Members are encouraged to make
available, where practicable, physically separate infrastructure (such as
lanes, berths and similar) for traffic in transit.

6.         Formalities, documentation
requirements, and customs controls in connection with traffic in transit shall
not be more burdensome than necessary to:

(a)     identify the goods; and

(b)     ensure fulfilment of transit requirements.

7.         Once goods have been put under a
transit procedure and have been authorized to proceed from the point of
origination in a Member's territory, they will not be subject to any customs
charges nor unnecessary delays or restrictions until they conclude their
transit at the point of destination within the Member's territory.

8.         Members shall not apply
technical regulations and conformity assessment procedures within the meaning
of the Agreement on Technical Barriers to Trade to goods in transit.

9.         Members shall allow and provide
for advance filing and processing of transit documentation and data prior to
the arrival of goods.

10.       Once traffic in transit has
reached the customs office where it exits the territory of a Member, that
office shall promptly terminate the transit operation if transit requirements
have been met.

11.       Where a Member requires a
guarantee in the form of a surety, deposit or other appropriate monetary or
non-monetary[14]
instrument for traffic in transit, such guarantee shall be limited to ensuring
that requirements arising from such traffic in transit are fulfilled.

12.       Once the Member has determined
that its transit requirements have been satisfied, the guarantee shall be
discharged without delay.

13.       Each Member shall, in a manner
consistent with its laws and regulations, allow comprehensive guarantees which
include multiple transactions for same operators or renewal of guarantees
without discharge for subsequent consignments.

14.       Each Member shall make publicly available
the relevant information it uses to set the guarantee, including single transaction and, where
applicable, multiple transaction guarantee.

15.       Each Member may require the use
of customs convoys or customs escorts for traffic in transit only in
circumstances presenting high risks or when compliance with customs laws and
regulations cannot be ensured through the use of guarantees. General rules
applicable to customs convoys or customs escorts shall be published in
accordance with Article 1.

16.       Members shall endeavour to cooperate and
coordinate with one another with a view to enhancing
freedom of transit. Such
cooperation and coordination may include, but is not limited to, an understanding on:

(a)     charges;

(b)     formalities and legal requirements; and

(c)     the practical operation of transit regimes.

17.       Each Member shall endeavour to
appoint a national transit coordinator to which all enquiries and proposals by
other Members relating to the good functioning of transit operations can be
addressed.

ARTICLE 12:
CUSTOMS COOPERATION

1            Measures Promoting Compliance
and Cooperation

1.1       Members agree on the importance
of ensuring that traders are aware of their compliance obligations, encouraging voluntary compliance to allow importers to
self-correct without penalty in appropriate circumstances, and applying
compliance measures to initiate stronger measures for non-compliant traders.[15]

1.2       Members are encouraged to share information on best practices in
managing customs compliance, including through the Committee. Members are encouraged to cooperate in
technical guidance or assistance and support for capacity building for the
purposes of administering compliance measures and enhancing their
effectiveness.

2            Exchange of Information

2.1       Upon request and subject to the
provisions of this Article, Members shall exchange the information set out in
subparagraphs 6.1(b) and/or (c) for the purpose of verifying an import or
export declaration in identified cases where there are reasonable grounds to
doubt the truth or accuracy of the declaration.

2.2       Each Member shall notify the
Committee of the details of its
contact point for the exchange of this information.

3            Verification

A Member shall make a request for
information only after it has conducted appropriate verification procedures of an import or export declaration and
after it has inspected the available relevant documentation.

4            Request

4.1       The
requesting Member shall provide the requested Member with a written request,
through paper or electronic means in a mutually agreed official language of the
WTO or other mutually agreed language, including:

(a)     the matter at issue including, where
appropriate and available, the number identifying the export declaration
corresponding to the import declaration in question;

(b)     the purpose for which the requesting
Member is seeking the information or documents, along with the names and
contact details of the persons to whom the request relates, if known;

(c)     where required by the requested
Member, confirmation[16] of the verification where appropriate;

(d)     the specific information or documents
requested;

(e)     the identity of the originating office
making the request;

(f)     reference to provisions of the
requesting Member's domestic law and legal system that govern the collection,
protection, use, disclosure, retention, and disposal of confidential
information and personal data.

4.2       If the requesting Member is not
in a position to comply with any of the subparagraphs of paragraph 4.1, it
shall specify this in the request.

5            Protection and Confidentiality

5.1       The requesting Member shall, subject to paragraph 5.2:

(a)     hold all information or documents
provided by the requested Member strictly in confidence and grant at least the
same level of such protection and confidentiality as that provided under the     domestic
law and legal system of the requested Member as described by it under
subparagraphs 6.1(b) or (c);

(b)     provide information or documents only to the
customs authorities dealing with the matter at issue and use the information or
documents solely for the purpose stated in the request unless the requested Member
agrees otherwise in writing;

(c)     not disclose the information or
documents without the specific written permission of the requested Member;

(d)     not use any unverified information or
documents from the requested Member as the deciding factor towards alleviating
the doubt in any given circumstance;

(e)     respect any case-specific conditions
set out by the requested Member regarding retention and disposal of
confidential information or documents and personal data; and

(f)     upon request, inform the requested Member
of any decisions and actions taken on the matter as a result of the information
or documents provided.

5.2       A requesting Member may be unable
under its domestic law and legal system to comply with any of the subparagraphs
of paragraph 5.1. If so, the requesting Member shall specify this in the
request.

5.3       The requested Member shall treat any request
and verification information received under paragraph 4 with at least the same level of protection
and confidentiality accorded by the requested Member to its own similar information.

6            Provision of Information

6.1       Subject to the provisions of this Article, the requested Member
shall promptly:

(a)     respond in
writing, through paper or electronic means;

(b)     provide the
specific information as set out in the import or export declaration, or the
declaration, to the extent it is available, along with a description of the
level of protection and confidentiality required of the requesting Member;

(c)     if requested,
provide the specific information as set out in the following documents, or the
documents, submitted in support of the import or export declaration, to the
extent it is available: commercial invoice, packing list, certificate of origin
and bill of lading, in the form in which these were filed, whether paper or
electronic, along with a description of the level of protection and
confidentiality required of the requesting Member;

(d)     confirm
that the documents provided are true copies;

(e)     provide the
information or otherwise respond to the request, to the extent possible, within
90 days from the date of the request.

6.2       The requested Member may require,
under its domestic law and legal system, an assurance prior to the provision of
information that the specific information will not be used as evidence in criminal
investigations, judicial proceedings, or in non-customs proceedings without the
specific written permission of the requested Member. If the requesting Member
is not in a position to comply with this requirement, it should specify this to
the requested Member.

7            Postponement or Refusal
of a Request

7.1       A requested Member may postpone or refuse part or all of
a request to provide information, and shall inform the requesting Member of the
reasons for doing so, where:

(a)     it would be contrary to the public
interest as reflected in the domestic law and legal system of the requested
Member;

(b)     its domestic law and legal system
prevents the release of the information. In such a case it shall provide the requesting Member with a copy of the
relevant, specific reference;

(c)     the provision of the information would
impede law enforcement or otherwise interfere with an on-going administrative
or judicial investigation, prosecution or proceeding;

(d)     the consent of the importer or
exporter is required by its domestic law and legal system that govern the
collection, protection, use, disclosure, retention, and disposal of
confidential information or personal data and that consent is not given; or

(e)     the request for information is
received after the expiration of the legal requirement of the requested Member
for the retention of documents.

7.2       In the circumstances of paragraphs 4.2, 5.2, or 6.2, execution of
such a request shall be at the discretion of the requested Member.

8            Reciprocity

If the requesting Member is of the opinion that it
would be unable to comply with a similar request if it was made by the requested Member, or
if it has not yet implemented this Article,
it shall state that fact in its request. Execution of such a request shall be
at the discretion of the requested Member.

9            Administrative Burden

9.1       The requesting Member shall take into account the associated
resource and cost implications for the requested Member in responding to
requests for information. The requesting Member shall consider the proportionality
between its fiscal interest in pursuing its request and the efforts to be made
by the requested Member in providing the information.

9.2       If a requested Member receives an
unmanageable number of requests for information or a request for information of
unmanageable scope from one or more requesting Member(s) and is unable to meet
such requests within a reasonable time, it may request one or more of the
requesting Member(s) to prioritize with a view to agreeing on a practical limit
within its resource constraints. In the absence of a mutually-agreed approach,
the execution of such requests shall be at the discretion of the requested
Member based on the results of its own prioritization.

10          Limitations

A requested Member
shall not be required to:

(a)     modify the format of its import or
export declarations or procedures;

(b)     call for documents other than those
submitted with the import or export declaration as specified in subparagraph 6.1(c);

(c)     initiate enquiries to obtain the
information;

(d)     modify the
period of retention of such information;

(e)     introduce
paper documentation where electronic format has already been introduced;

(f)     translate the
information;

(g)     verify the accuracy of the
information; or

(h)     provide information that would
prejudice the legitimate commercial interests of particular enterprises, public
or private.

11          Unauthorized Use or disclosure

11.1     In the event of any breach of the conditions of use or disclosure of
information exchanged under this Article, the requesting Member that received
the information shall promptly communicate the details of such unauthorized use
or disclosure to the requested Member that provided the information and:

(a)     take necessary measures to remedy the breach;

(b)     take necessary measures to prevent any future breach; and

(c)     notify the requested Member of the measures taken under
subparagraphs (a) and (b).

11.2     The requested Member may suspend
its obligations to the requesting Member under this Article until the measures
set out in paragraph 11.1 have been taken.

12          Bilateral and regional agreements

12.1     Nothing in this article shall prevent a member from entering into or maintaining a bilateral, plurilateral, or regional agreement for
sharing or exchange of customs information and data, including on a secure and
rapid basis such as on an automatic basis or in advance of the arrival of the
consignment.

12.2     Nothing in this Article shall be construed as altering or affecting
a Member’s rights or obligations under such bilateral, plurilateral, or regional
agreements, or as governing the exchange of customs information and data under
such other agreements.

SECTION II

SPECIAL
AND DIFFERENTIAL TREATMENT PROVISIONS FOR DEVELOPING COUNTRY MEMBERS AND
LEAST-DEVELOPED COUNTRY MEMBERS

ARTICLE 13: GENERAL PRINCIPLES

1.         The provisions contained in Articles 1
to 12 of
this Agreement shall be implemented by developing and least-developed country Members in accordance
with this Section, which is based on the modalities agreed in Annex D
of the July 2004 Framework
Agreement (WT/L/579) and in paragraph 33 of and
Annex E to the Hong Kong
Ministerial Declaration (WT/MIN(05)/DEC).

2.         Assistance and
support for capacity building[17]
should be provided to help developing and least-developed country Members
implement the provisions of this Agreement, in accordance with their nature and
scope. The extent and the timing of implementation of the provisions of this Agreement shall be
related to the implementation capacities of developing and least-developed
country Members. Where a developing or least-developed country Member continues
to lack the necessary capacity, implementation of the provision(s) concerned
will not be required until implementation capacity has been acquired.

3.         Least-developed country Members
will only be required to undertake commitments to the extent consistent with
their individual development, financial and trade needs or their administrative
and institutional capabilities.

4.         These principles shall be
applied through the provisions set out in Section II.

ARTICLE 14:
Categories of provisions

1.         There are three categories of provisions:

(a)     Category A contains provisions that a
developing country Member or a least-developed country Member designates for
implementation upon entry into force of this Agreement, or in the case of a
least-developed country Member within one year after entry into force, as
provided in Article 15.

(b)     Category B contains provisions that a
developing country Member or a least-developed country Member designates for
implementation on a date after a transitional period of time following the
entry into force of this Agreement, as provided in Article 16.

(c)     Category C contains provisions that a
developing country Member or a least-developed country Member designates for
implementation on a date after a transitional period of time following the
entry into force of this Agreement and requiring the acquisition of
implementation capacity through the provision of assistance and support for
capacity building, as provided for in Article 16.

2.         Each developing country and least-developed country Member shall self-designate, on
an individual basis, the provisions it is including under each of the
Categories A, B and C.

ARTICLE 15: NOTIFICATION AND IMPLEMENTATION
OF CATEGORY A

1.         Upon entry into force of this Agreement,
each developing country Member shall implement its Category A commitments.
Those commitments designated under Category A will thereby be made an integral
part of this Agreement.

2.         A least-developed country Member
may notify the Committee of the provisions it has designated in Category A for up to one year after entry into force of this Agreement. Each
least-developed country Member's commitments designated under Category A will
thereby be made an integral part of this Agreement.

ARTICLE 16: NOTIFICATION OF DEFINITIVE DATES
FOR IMPLEMENTATION OF CATEGORY B AND CATEGORY C

1.         With
respect to the provisions that a developing country member has not designated in category a, the member may delay
implementation in accordance with the process set out in this article.

Developing Country Member Category B

(a)     Upon entry
into force of this Agreement, each developing country Member shall notify the
Committee of the provisions that it has designated in Category B and their
corresponding indicative dates for implementation.[18]

(b)     No later than one year after entry
into force of this Agreement, each developing country Member shall notify the
Committee of its definitive
dates for implementation of the provisions it has designated in Category B. If
a developing country Member, before this deadline, believes it requires
additional time to notify its definitive dates, the Member may request that the
Committee extend the period sufficient to notify its dates.

Developing Country Member Category C

(c)     Upon entry into
force of this Agreement, each developing country Member shall notify the
Committee of the provisions that it has designated in Category C and their
corresponding indicative dates for implementation. For transparency purposes,
notifications submitted shall include information on the assistance and support
for capacity building that the Member requires in order to implement.[19]

(d)     Within one year after entry into force
of this Agreement, developing country Members and relevant donor Members,
taking into account any existing arrangements already in place, notifications
pursuant to paragraph 1 of Article 22 and information submitted pursuant to
subparagraph (c) above, shall provide information to the Committee on the
arrangements maintained or entered into that are necessary to provide
assistance and support for capacity building to enable implementation of
Category C.[20] The participating developing country Member shall promptly inform
the Committee of such arrangements. The Committee shall also invite non-Member
donors to provide information on existing or concluded arrangements.

(e)     Within 18
months from the date of the provision of the information stipulated in
subparagraph (d), donor Members
and respective developing country Members shall inform the Committee of the
progress in the provision of assistance and support for capacity building. Each
developing country Member shall, at the same time, notify its list of
definitive dates for implementation.

2.         With respect to those provisions
that a least-developed country Member has not designated under Category A,
least-developed country Members may delay implementation in accordance with the
process set forth in this Article.

Least-Developed Country Member Category B

(a)     No later than one year after entry
into force of this Agreement, a least-developed country Member shall notify the
Committee of its Category B provisions and may notify their corresponding
indicative dates for implementation of these provisions, taking into account
maximum flexibilities for least-developed country Members.

(b)     No later than two years after the
notification date stipulated under subparagraph (a) above, each least-developed
country Member shall notify the Committee to confirm designations of provisions
and notify its dates for implementation. If a least-developed country Member,
before this deadline, believes it requires additional time to notify its
definitive dates, the Member may request that the Committee extend the period
sufficiently to notify its dates.

Least-Developed Country Member Category C

(c)     For transparency purposes and to
facilitate arrangements with donors, one year after entry into force of this
Agreement, each least-developed
country Member shall notify the Committee of the provisions it has designated
in Category C, taking into account maximum flexibilities for least-developed
country Members.

(d)     One year after the date stipulated in
subparagraph (c) above, least-developed country Members shall notify
information on assistance and support for capacity building that the Member
requires in order to implement.[21]

(e)     No later than two years after the
notification under subparagraph (d) above, least-developed country Members and
relevant donor Members, taking into account information submitted pursuant to
subparagraph (d) above, shall provide information to the Committee on the
arrangements maintained or entered into that are necessary to provide
assistance and support for capacity building to enable implementation of
Category C.[22] The participating least-developed country Member shall promptly
inform the Committee of such arrangements. The least-developed country Member
shall, at the same time, notify indicative dates for implementation of
corresponding Category C commitments covered by the assistance and support
arrangements. The Committee shall also invite non-Member donors to provide
information on existing and concluded arrangements.

(f)     No later than 18 months from the date
of the provision of the information stipulated in subparagraph (e), relevant
donor Members and respective least-developed country Members shall inform the
Committee of the progress in the provision of assistance and support for capacity building. Each least-developed
country Member shall, at the same time, notify the Committee of its list of
definitive dates for implementation.

3.         Developing country Members and least-developed country Members
experiencing difficulties in submitting definitive dates for implementation
within the deadlines set out in paragraphs 1 and 2 because of the lack of donor
support or lack of progress in the provision of assistance and support for
capacity building should notify the Committee as early as possible prior to the
expiration of those deadlines. Members agree to cooperate to assist in
addressing such difficulties, taking into account the particular circumstances
and special problems facing the Member concerned. The Committee shall, as
appropriate, take action to address the difficulties including, where
necessary, by extending the deadlines for the Member concerned to notify its
definitive dates.

4.         Three months before the deadline stipulated in subparagraphs 1(b) or
(e), or in the case of a least-developed country Member, subparagraphs 2(b) or
(f), the Secretariat shall remind a Member if that Member has not notified a
definitive date for implementation of provisions that it has designated in
Category B or C. If the Member does not invoke paragraph 3, or in the case of a
developing country Member subparagraph 1(b), or in the case of a
least-developed country Member subparagraph 2(b), to extend the deadline and
still does not notify a definitive date for implementation, the Member shall
implement the provisions within one year after the deadline stipulated in
subparagraphs 1(b) or (e), or in the case of a least-developed country Member,
subparagraphs 2(b) or (f), or extended by paragraph 3.

5.         No later than 60 days after the
dates for notification of definitive dates for implementation of Category B and
Category C provisions in
accordance with paragraphs 1, 2, or 3, the Committee shall take note of the
annexes containing each Member's definitive dates for implementation of
Category B and Category C provisions, including any dates set under paragraph
4, thereby making these annexes an integral part of this Agreement.

ARTICLE 17: EARLY WARNING
MECHANISM: EXTENSION OF IMPLEMENTATION DATES FOR PROVISIONS IN CATEGORIES B AND
C

1.

(a)     A developing country Member or
least-developed country Member that considers itself to be experiencing
difficulty in implementing a provision that it has designated in Category B or
Category C by the definitive date established under subparagraphs 1(b) or (e)
of Article 16, or in the case of a least-developed country Member subparagraphs
2(b) or (f) of Article 16, should notify the Committee. Developing country
Members shall notify the Committee no later than 120 days before the expiration
of the implementation date. Least-developed country Members shall notify the
Committee no later than 90 days before such date.

(b)     The notification to the Committee shall
indicate the new date by which the developing country Member or least-developed
country Member expects to be able to implement the provision concerned. The
notification shall also indicate the reasons for the expected delay in
implementation. Such reasons may include the need for assistance and support
for capacity building not earlier anticipated or additional assistance and
support to help build capacity.

2.         Where a developing country
Member's request for additional time for implementation does not exceed 18
months or a least-developed country Member's request for additional time does
not exceed 3 years, the requesting Member is entitled to such additional time
without any further action by the Committee.

3.         Where a developing country or least-developed country Member considers that it
requires a first extension longer than that provided for in paragraph 2 or a
second or any subsequent extension, it shall submit to the Committee a request
for an extension containing the information described in subparagraph 1(b) no
later than 120 days in respect of a developing country Member and 90 days in
respect of a least-developed country Member before the expiration of the
original definitive implementation date or that date as subsequently extended.

4.         The Committee shall give sympathetic consideration to granting
requests for extension taking into account the specific circumstances of the Member submitting the request.
These circumstances may include difficulties and delays in obtaining assistance
and support for capacity building.

ARTICLE 18: IMPLEMENTATION OF CATEGORY B AND CATEGORY C

1.         In accordance with paragraph 2
of Article 13, if a developing country Member or a least-developed country Member, having fulfilled
the procedures set forth in paragraphs 1 or 2 of Article 16 and in Article 17,
and where an extension requested has not been granted or where the developing
country Member or least-developed country Member otherwise experiences
unforeseen circumstances that prevent an extension being granted under Article
17, self-assesses that its capacity to implement a provision under Category C
continues to be lacking, that Member shall notify the Committee of its
inability to implement the relevant provision.

2.         The Committee shall establish an
Expert Group immediately, and in any case no later than 60 days after the
Committee receives the notification from the relevant developing country Member
or least-developed country Member. The Expert Group will examine the issue and
make a recommendation to the Committee within 120 days of its composition.

3.         The Expert Group shall be
composed of five independent persons that are highly qualified in the fields of
trade facilitation and assistance and support for capacity building. The
composition of the Expert Group shall ensure balance between nationals from
developing and developed country Members. Where a least-developed country
Member is involved, the Expert Group shall include at least one national from a
least-developed country Member. If the Committee cannot agree on the composition
of the Expert Group within 20 days of its establishment, the Director-General,
in consultation with the chair of the Committee, shall determine the
composition of the Expert Group in accordance with the terms of this paragraph.

4.         The Expert Group shall consider the
Member's self-assessment of lack of capacity and shall make a recommendation to
the Committee. When considering the Expert Group's recommendation concerning a least-developed country
Member, the Committee shall, as appropriate, take action that will facilitate
the acquisition of sustainable implementation capacity.

5.         The Member shall not be subject
to proceedings under the Dispute Settlement Understanding on this issue from the time the developing country Member notifies the Committee of
its inability to implement the relevant provision until the first meeting of
the Committee after it receives the recommendation of the Expert Group. At that
meeting, the Committee shall consider the recommendation of the Expert Group.
For a least-developed country
Member, the proceedings under the Dispute Settlement Understanding shall not
apply to the respective provision from the date of notification to the
Committee of its inability to implement the provision until the Committee makes
a decision on the issue, or within 24 months after the date of the first
Committee meeting set out above, whichever is earlier.

6.         Where a least-developed country
Member loses its ability to implement a Category C commitment, it may inform
the Committee and follow the procedures set out in this
Article.

ARTICLE 19: SHIFTING BETWEEN CATEGORIES B AND C

1.         Developing country Members and
least-developed country Members who have notified provisions under
Categories B and C may shift provisions between such categories through the
submission of a notification to the Committee. Where a Member proposes to shift
a provision from Category B to Category C, the Member shall provide information
on the assistance and support required to build capacity.

2.         In the event that additional time is required to implement a
provision shifted from Category B to Category C, the Member may:

(a)     use the provisions of Article
17, including the opportunity for an automatic extension; or

(b)     request an examination by the
Committee of the Member's request for extra time to implement the provision
and, if necessary, for assistance and support for capacity building, including
the possibility of a review and recommendation by the Expert Group under
Article 18; or

(c)     in the case of a least-developed
country Member, any new implementation date of more than four years after the
original date notified under Category B shall require approval by the
Committee. In addition, a least-developed country Member shall continue to have
recourse to Article 17. It is understood that assistance and support for
capacity building is required for a least-developed country Member so shifting.

ARTICLE 20: GRACE PERIOD FOR THE APPLICATION OF THE
UNDERSTANDING ON RULES AND PROCEDURES GOVERNING THE SETTLEMENT OF DISPUTES

1.         For a period of two years after
entry into force of this Agreement, the provisions of Articles XXII and XXIII
of GATT 1994 as elaborated and applied by the Understanding on Rules and
Procedures Governing the Settlement of Disputes shall not apply to the settlement
of disputes against a developing country Member concerning any provision that
the Member has designated in Category A.

2.         For a period of six years after
entry into force of this Agreement, the provisions of Articles XXII and XXIII
of GATT 1994 as elaborated and applied by the Understanding on Rules and
Procedures Governing the Settlement of Disputes shall not apply to the
settlement of disputes against a least-developed country Member concerning any
provision that the Member has designated in Category A.

3.         For a period of eight years
after implementation of a provision under Category B or C by a least-developed
country Member, the provisions of Articles XXII and XXIII of GATT 1994 as
elaborated and applied by the Understanding on Rules and Procedures Governing
the Settlement of Disputes shall not apply to the settlement of disputes
against that least-developed country Member concerning that provision.

4.         Notwithstanding the grace period
for the application of the Understanding on Rules and Procedures Governing the
Settlement of Disputes, before making a request for consultations pursuant to
Articles XXII or XXIII of GATT 1994, and at all stages of dispute settlement
procedures with regard to a measure of a least-developed country Member, a
Member shall give particular consideration to the special situation of
least-developed country Members. In this regard, Members shall exercise due
restraint in raising matters under the Understanding on Rules and Procedures
Governing the Settlement of Disputes involving least-developed country Members.

5.         Each Member shall, upon request,
during the grace period allowed under this Article, provide adequate
opportunity to other Members for discussion with respect to any issue relating
to the implementation of this Agreement.

ARTICLE 21: PROVISION OF ASSISTANCE AND SUPPORT FOR CAPACITY BUILDING

1.         Donor Members agree to
facilitate the provision of assistance and support for capacity building to
developing country and least-developed country Members on mutually agreed terms
either bilaterally or through the appropriate international organizations. The
objective is to assist developing country and least-developed country Members
to implement the provisions of Section I of this Agreement.

2.         Given the special needs of least-developed country Members, targeted
assistance and support should be provided to the least-developed country
Members so as to help them build sustainable capacity to implement their
commitments. Through the relevant development cooperation mechanisms and consistent with the principles of technical
assistance and support for capacity building as
referred to in paragraph 3, development partners shall endeavour to provide
assistance and support for capacity building in this area in a way that does
not compromise existing development priorities.

3.         Members shall endeavour to apply the following principles for
providing assistance and support for capacity building with regard to the
implementation of this Agreement:

(a)     take account of the overall
developmental framework of recipient countries and regions and, where relevant
and appropriate, ongoing reform and technical assistance programs;

(b)     include, where relevant and
appropriate, activities to address regional and sub-regional challenges and
promote regional and sub-regional integration;

(c)     ensure that ongoing trade facilitation
reform activities of the private sector are factored into assistance
activities;

(d)     promote coordination between and among
Members and other relevant institutions, including regional economic
communities, to ensure maximum effectiveness of and results from this
assistance. To this end:

(i)      coordination, primarily in the
country or region where the assistance is to be provided, between partner
Members and donors and among bilateral and multilateral donors should aim to
avoid overlap and duplication in assistance programs and inconsistencies in
reform activities through close coordination of technical assistance and
capacity building interventions;

(ii)     for least-developed country Members,
the Enhanced Integrated Framework for trade-related assistance for the
least-developed countries should be a part of this coordination process; and

(iii)    Members should also promote internal
coordination between their trade and development officials, both in capitals
and in Geneva, in the implementation of this Agreement and technical
assistance.

(e)     encourage use of existing in-country
and regional coordination structures such as roundtables and consultative groups to coordinate and monitor implementation activities;
and

(f)     encourage developing country Members
to provide capacity building to other developing and least-developed country
Members and consider supporting such activities, where possible.

4.         The Committee shall
hold at least one dedicated session per year to:

(a)     discuss any problems regarding implementation of provisions or sub-parts   of provisions of this Agreement;

(b)     review progress in the provision of
assistance and support for capacity building to support the implementation of
the Agreement, including any developing or least-developed country Members not
receiving adequate assistance and support for capacity building;

(c)     share experiences and information on
ongoing assistance and support for capacity building and implementation
programs, including challenges and successes;

(d)     review donor notifications as set
forth in Article 22; and

(e)     review the operation of paragraph 2.

ARTICLE 22: INFORMATION ON ASSISTANCE AND SUPPORT FOR CAPACITY BUILDING TO BE SUBMITTED TO THE COMMITTEE

1.         To provide transparency to developing country Members and
least-developed country Members on the provision of assistance and support for
capacity building for implementation of Section I, each donor Member assisting
developing country Members and least-developed country Members with the
implementation of this Agreement shall submit to the Committee, at entry into
force of this Agreement and annually thereafter, the following information on
its assistance and support for capacity building that was disbursed in the preceding
12 months and, where available, that is committed in the next 12 months[23]:

(a)     a description of the assistance and
support for capacity building;

(b)     the status and amount
committed/disbursed;

(c)     procedures for disbursement of the
assistance and support;

(d)     the beneficiary Member or, where necessary,
the region; and

(e)     the
implementing agency in the Member providing assistance and support.

The information shall be provided in the
format specified in Annex 1. In the case of Organisation for Economic
Co-operation and Development (referred to in this Agreement as the “OECD”)
Members, the information submitted can be based on relevant information from
the OECD Creditor Reporting System. Developing country
Members declaring themselves in a position to provide assistance and support
for capacity building are encouraged to provide the information above.

2.         Donor Members assisting developing country Members and
least-developed country Members shall submit to the Committee:

(a)     contact points of their agencies responsible
for providing assistance and support for capacity building related to the implementation of Section
I of this Agreement including, where practicable, information on such contact
points within the country or region where the assistance and support is to be
provided; and

(b)     information on the process and mechanisms for requesting assistance and support
for capacity building.

Developing country Members declaring
themselves in a position to provide assistance and support are encouraged to
provide the information above.

3.         Developing country Members and least-developed country Members
intending to avail themselves of trade facilitation-related assistance and support for capacity building
shall submit to the Committee information on contact point(s) of the office(s)
responsible for coordinating and prioritizing such assistance and support.

4.         Members may
provide the information referred to in paragraphs 2
and 3 through
internet references and shall update the information as necessary. The
Secretariat shall make all such information publicly
available.

5.         The
Committee shall invite relevant international and regional organizations (such
as the International Monetary Fund, the OECD, the United Nations Conference on Trade and
Development, the WCO, United Nations Regional Commissions, the World Bank, or
their subsidiary bodies, and regional development banks) and other agencies of
cooperation to provide information referred to in paragraphs 1, 2, and 4.

SECTION
III

INSTITUTIONAL
ARRANGEMENTS AND FINAL PROVSIONS

ARTICLE 23:
INSTITUTIONAL ARRANGEMENTS

1            Committee On Trade Facilitation

1.1       A Committee on Trade Facilitation
is hereby established.

1.2       The Committee shall be open for
participation by all Members and shall elect its own Chairperson. The Committee
shall meet as needed and envisaged by the relevant provisions of this
Agreement, but no less than once a year, for the purpose of affording Members
the opportunity to consult on any matters related to the operation of this
Agreement or the furtherance of its objectives. The Committee shall carry out
such responsibilities as assigned to it under this Agreement or by the Members.
The Committee shall establish its own rules of procedure.

1.3       The Committee may establish such
subsidiary bodies as may be required. All such bodies shall report to the
Committee.

1.4       The Committee shall develop
procedures for the sharing by
Members of relevant information and best practices as appropriate.

1.5       The Committee shall maintain close contact with other international
organizations in the field of trade facilitation, such as the WCO, with the
objective of securing the best available advice for the implementation and
administration of this Agreement and in order to ensure that unnecessary
duplication of effort is avoided. To this end, the Committee may invite
representatives of such organizations or their subsidiary bodies to:

(a)     attend meetings of the Committee; and

(b)     discuss specific matters related to
the implementation of this Agreement.

1.6       The Committee shall review the operation and implementation of this
Agreement four years from its
entry into force, and periodically thereafter.

1.7       Members are encouraged to raise
before the Committee questions relating to issues on the implementation and
application of this Agreement.

1.8       The Committee shall encourage and facilitate ad hoc discussions
among Members on specific issues under this Agreement with a view to reaching a
mutually satisfactory solution promptly.

2            National Committee On
Trade Facilitation

Each Member shall establish and/or maintain
a national committee on trade facilitation or designate an existing mechanism
to facilitate both domestic coordination and implementation of the provisions
of this Agreement.

ARTICLE 24: FINAL PROVISIONS

1.         For the purpose of this
Agreement, the term "Member" is deemed to include the competent
authority of that Member.

2.         All provisions of this Agreement
are binding on all Members.

3.         Members shall implement this
Agreement from the date of its entry into force. Developing country Members and
least-developed country Members that choose to use the provisions of Section II
shall implement this Agreement in accordance with Section II.

4.         A Member which accepts this
Agreement after its entry into force shall implement its Category B and C
commitments counting the relevant periods from the date this Agreement enters
into force.

5.         Members of a customs union or a
regional economic arrangement may adopt regional approaches to assist in the
implementation of their obligations under this Agreement including through the
establishment and use of regional bodies.

6.         Notwithstanding the general
interpretative note to Annex 1A to the Marrakesh Agreement Establishing the
World Trade Organization, nothing in this Agreement shall be construed as diminishing
the obligations of Members under the GATT 1994. In addition, nothing in this
Agreement shall be construed as diminishing the rights and obligations of
Members under the Agreement on Technical Barriers to Trade and the Agreement on
the Application of Sanitary and Phytosanitary Measures.

7.         All exceptions and exemptions[24] under the GATT 1994
shall apply to the provisions of this Agreement. Waivers applicable to the GATT
1994 or any part thereof, granted according to Article IX:3 and Article IX:4 of
the Marrakesh Agreement Establishing the World Trade Organization and any
amendments thereto as of the date of entry into force of this Agreement, shall
apply to the provisions of this Agreement.

8.         The provisions of Articles XXII
and XXIII of GATT 1994 as elaborated
and applied by the Dispute Settlement Understanding shall apply to consultations and the settlement of
disputes under this Agreement, except as otherwise specifically provided for in
this Agreement.

9.         Reservations may not be entered
in respect of any of the provisions of this Agreement without the consent of
the other Members.

10.       The Category A commitments of
developing country Members and least-developed country Members annexed to this
Agreement in accordance with paragraphs 1 and 2 of Article 15 shall constitute
an integral part of this Agreement.

11.       The Category B and C commitments
of developing country Members and least-developed country Members taken note of
by the Committee and annexed to this Agreement pursuant to paragraph 5 of
Article 16 shall constitute an integral part of this Agreement.

ANNEX
1: FORMAT FOR
NOTIFICATION UNDER PARAGRAPH 1 OF ARTICLE 22

Donor Member:

Period covered
by the notification:

||

|| Description of the technical and financial assistance and capacity building resources || Status and amount committed/disbursed || Beneficiary country/ Region (where necessary) || The implementing agency in the Member providing assistance || Procedures for disbursement of the assistance

[1]               For the purposes of calculation of acceptances under
Article X.3 of the WTO Agreement, an instrument of acceptance by the European
Union for itself and in respect of its Member States shall be counted as
acceptance by a number of Members equal to the number of Member States of the
European Union which are Members to the WTO.

[2]               Each Member has the discretion to state on its
website the legal limitations of this description.

[3]               Under this paragraph: (a) a review may, either before
or after the ruling has been acted upon, be provided by the official, office,
or authority that issued the ruling, a higher or independent administrative
authority, or a judicial authority; and (b) a Member is not required to provide
the applicant with recourse to paragraph 1 of Article 4.

[4]               It is understood that an advance ruling on the origin
of a good may be an assessment of origin for the purposes of the Agreement on
Rules of Origin where the ruling meets the requirements of this Agreement and
the Agreement on Rules of Origin. Likewise, an assessment of origin under the
Agreement on Rules of Origin may be an advance ruling on the origin of a good
for the purposes of this Agreement where the ruling meets the requirements of
both agreements. Members are not required to establish separate arrangements
under this provision in addition to those established pursuant to the Agreement
on Rules of Origin in relation to the assessment of origin provided that the
requirements of this Article are fulfilled.

[5]               An
administrative decision in this Article means a decision with a legal effect
that affects the rights and obligations of a specific person in an individual
case. It shall be understood that an administrative decision in this Article
covers an administrative action within the meaning of Article X of the GATT
1994 or failure to take an administrative action or decision as provided for in
a Member's domestic law and legal system. For addressing such failure, Members
may maintain an alternative administrative mechanism or judicial recourse to
direct the customs authority to promptly issue an administrative decision in
place of the right to appeal or review under subparagraph 1(a).

[6]               Nothing
in this paragraph shall prevent a Member from recognizing administrative
silence on appeal or review as a decision in favor of the petitioner in
accordance with its laws and regulations.

[7]               Each Member may determine the scope and methodology
of such average release time measurement in accordance with its needs and
capacity.

[8]               A measure listed in subparagraphs
7.3 (a)
to (g) will be deemed to be provided to authorized operators if it is generally
available to all operators.

[9]               In cases where a Member has an existing procedure
that provides the treatment in paragraph 8.2, this provision does not require that Member to introduce
separate expedited release procedures.

[10]             Such application criteria, if any, shall be in addition
to the Member's requirements for operating with respect to all goods or
shipments entered through air cargo facilities.

[11]             For the purposes of this provision, perishable goods
are goods that rapidly decay due to their natural characteristics, in
particular in the absence of appropriate storage conditions.

[12]             Nothing in this paragraph precludes a Member from
requiring documents such as certificates, permits or licenses as a requirement
for the importation of controlled or regulated goods.

[13]             This paragraph refers to preshipment inspections
covered by the Agreement on Preshipment Inspection, and does not preclude
preshipment inspections for sanitary and phytosanitary purposes.

[14]             Nothing in this provision shall preclude a Member from
maintaining existing procedures whereby the means
of transport can be used as a guarantee for traffic in transit.

[15]             Such activity has the overall objective of
lowering the frequency of non-compliance, and
consequently reducing the need for exchange of information in pursuit of
enforcement.

[16]             This may include pertinent information on the
verification conducted under paragraph 3. Such information shall be subject to
the level of protection and confidentiality specified by the Member conducting
the verification.

[17]             For the purposes of this Agreement, "assistance
and support for capacity building" may take the form of technical,
financial, or any other mutually agreed form of assistance provided.

[18]             Notifications submitted may also include such further
information as the notifying Member deems appropriate. Members are encouraged
to provide information on the domestic agency or entity responsible for implementation.

[19]             Members may also include information on national trade
facilitation implementation plans or projects, the domestic agency or entity
responsible for implementation, and the donors with which the Member may have
an arrangement in place to provide assistance.

[20]             Such arrangements will be on mutually agreed terms,
either bilaterally or through appropriate international organizations,
consistent with paragraph 3 of Article 21.

[21]             Members may also include
information on national trade facilitation implementation plans or projects,
the domestic agency or entity responsible for implementation, and the donors
with which the Member may have an arrangement in place to provide assistance.

[22]             Such arrangements will be on mutually agreed terms,
either bilaterally or through appropriate international organizations,
consistent with paragraph 3 of Article 21.

[23]             The information provided will reflect the demand driven
nature of the provision of assistance and support for
capacity building.

[24]             This includes Articles V:7 and X:1 of the GATT 1994 and
the Ad note to Article VIII of the GATT 1994.

Annex to the Agreement on Trade
Facilitation

NOTIFICATION OF CATEGORY A COMMITMENTS UNDER
THE AGREEMENT ON TRADE FACILITATION

ALBANIA

Pursuant to the Ministerial Decision of 7
December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation
established under the General Council (hereinafter referred to as "the
Preparatory Committee") shall, inter alia, receive from Members
their notifications of category A commitments under the Agreement on Trade
Facilitation (hereinafter referred to as "the Agreement").

With reference to the above, the Government
of Albania has the honour to notify the Preparatory Committee that it hereby
designates the following provisions of the Agreement under Category A, which
will be implemented upon entry into force of the Agreement:

Article 1.1 || Publication

Article 1.2 || Information Available Through Internet

||

Article 1.4 || Notification

Article 2.1 Article 2.2 || Opportunity to Comment and Information before Entry Into Force Consultations

||

Article 4.1 || Right to Appeal or Review

Article 5.2 || Detention

||

Article 6.1 || General Disciplines on Fees and Charges Imposed on or in Connection with Importation and Exportation

Article 6.2 || Specific Disciplines on Fees and Charges for Customs Processing Imposed on or in Connection with Importation and Exportation

Article 6.3 || Penalty Disciplines

||

Article 7.3 || Separation of Release from Final Determination of Customs Duties, Taxes, Fees, and Charges

Article 7.4 || Risk Management

Article 7.6 || Establishment and Publication of Average Release Times

||

Article 7.8 || Expedited Shipments

Article 7.9 Article 8 || Perishable Goods Border Agency Cooperation

Article 9 Article 10.1 || Movement of Goods Intended for Import under Customs Control Formalities and Documentation Requirements

Article 10.2 || Acceptance of Copies

Article 10.3 || Use of International Standards

Article 10.5 || Preshipment Inspection

Article 10.6 || Use of Customs Brokers

Article 10.7 Article 10.8 || Common Border Procedures and Uniform Documentation Requirements Rejected Goods

Article 10.9 || Temporary Admission of Goods and Inward and Outward Processing

Article 11-3, 11-4, 11.11.1-5, 11.12-13 || Transit Charges, Regulations, and Formalities Transit Strengthened Non-Discrimination Transit Guarantees Transit Cooperation and Coordination

Article 12 || Customs Cooperation

BOTSWANA

Pursuant to the Ministerial Decision of the
7 December 2013 (WT/MIN (13)/36, WT/L/911), the Preparatory Committee on Trade
Facilitation established under the General Council (herein referred to as the
"Preparatory Committee") shall, inter alia, received Members'
notifications of Category A commitments under the Agreement of Trade
Facilitation (hereinafter referred to as the "Agreement").

With reference to the above, the Government
of the Republic of Botswana has the honour to notify the Preparatory Committee
that the Republic of Botswana designates the following provisions contained in
Section I of the Agree as Category A commitments, which will be implemented
upon entry into force of the Agreement:

Article 2.1 || Opportunity to Comment and Information before Entry into Force

Article 2.2 || Consultations

Article 5.1 || Notifications for enhanced controls or inspections

Article 5.2 || Detention

Article 7.1 || Pre-arrival Processing

Article 7.2 || Electronic Payment

Article 7.3 || Separation of Release from Final Determination of Customs Duties, Taxes, Fees and Charges

Article 7.4 || Risk Management

Article 7.5 || Post-clearance Audit

Article 7.6 || Establishment and Publication of Average Release Times

Article 7.8 || Expedited Shipments

Article 7.9 || Perishable Goods

Article 9 || Movement of goods intended for import under customs control

Article 10.3 || Use of International Standards

Article 10.5 || Preshipment Inspection

Article 10.6 || Use of Customs Brokers

Article 10.7 || Common Border Procedures and Uniform Documentation Requirements

Article 10.8 || Rejected Goods

Article 10.9 || Temporary Admission of Goods and Inward and Outward Processing

BRAZIL

Pursuant to the Ministerial Decision of 7
December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade
Facilitation established under the General Council (hereinafter referred to as
“the Preparatory Committee”) shall, inter alia, receive Members’ notifications
of Category A commitments under the Agreement on Trade Facilitation
(hereinafter referred to as “the Agreement”).

With reference to the above, the Mission of
Brazil has the honour to notify the Preparatory Committee on Trade Facilitation
that it designates all the provisions in Section I of the Agreement as Category
A commitments, except for the following:

– 
Article 3.6.b;

– 
Article 3.9.a.ii;

– 
Article 7.1;

– 
Article 7.7.3; and

– 
Article 11.9.

BRUNEI
DARUSSALAM

Pursuant to the Ministerial Decision of 7
December 2013 (WT/MIN(13)/36, WT/L/911) and in accordance with Article 15
in Section II of the Agreement on Trade Facilitation (hereinafter referred to as "the Agreement"),
the Preparatory Committee on Trade Facilitation established under the General
Council (“the Preparatory Committee”) shall, inter alia, receive Members’
notification of Category A commitments under the Agreement.

With reference to the above, the Government
of Brunei Darussalam has the honour to notify the Preparatory Committee that
Brunei Darussalam hereby designates all the provisions in Articles 1 to 12 of
the Agreement under Category A, except for the following:

Article 1.2 || Information Available Through Internet: sub-paragraphs 2.1 (a) and (b)

Article 4 || Procedures for Appeal or Review

Article 7.6 || Establishment and Publication of Average Release Times: sub-paragraph 2

Article 7.7 || Trade Facilitation Measures for Authorized Operators

Article 10.4 || Single Window

CHILE

Pursuant to the Ministerial Decision of 7 December 2013
(WT/MIN(13)/36) and in accordance with Article 15 in Section II of the Agreement on Trade
Facilitation ("the Agreement"), Chile hereby advises that all
the provisions in Section I of the Agreement have been designated as Category A
commitments for implementation upon its entry into force, except for Article 7.7 on authorized operators.

CHINA

Pursuant to the Ministerial Decision of 7
December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade
Facilitation established under the General Council (hereinafter referred to as
"the Preparatory Committee") shall, inter alia, receive
Members' notification of Category A commitments under the Agreement on Trade
Facilitation (hereinafter referred to as "the Agreement").

With reference to the above, the Government
of the People’s Republic of China has the honour to notify the Preparatory
Committee that the People’s Republic of China hereby designates all the
provisions in Section I of the Agreement as Category A commitments except for
the following:

- Paragraph 6 of Article 7 || Establishment and Publication of Average Release Times;

- Paragraph 4 of Article 10 || Single Window;

- Paragraph 9 of Article 10 || Temporary Admission of Goods and Inward and Outward Processing; and

- Article 12 || Customs Cooperation.

COLOMBIA

Pursuant to the Ministerial Decision of 7
December 2013 (WT/MIN(13)/36) and in accordance with Article 15 in Section
II of the Agreement on Trade Facilitation ("the Agreement"), Colombia
hereby notifies that all the provisions in Section I of the Agreement have been
designated as Category A commitments for implementation upon its entry
into force, except for the following:

- Article 5.3 || Test Procedures

- Article 7.9 || Perishable Goods

CONGO

Pursuant to the Ministerial Decision of 7
December 2013 (WT/MIN(13)/36) and Article 15 of Section II of the Agreement on
Trade Facilitation, the Government of the Republic of the Congo has the honour to notify its Category A commitments, in accordance with the
provisions listed below:

Article 3.1 || Advance Rulings

Article 4.1 || Right to Appeal or Review

Article 5.1 || Notifications for Enhanced Controls or Inspections

Article 5.2 || Detention

Article 5.3 || Test Procedures

Article 7.9 || Perishable Goods

Article 10.6 || Use of Customs Brokers

Article 10.7 || Common Border Procedures and Uniform Documentation Requirements

Article 10.9 || Temporary Admission of Goods and Inward and Outward Processing

costa rica

Pursuant to paragraphs 2 and 3 of the
Ministerial Decision of 7 December 2013 (WT/MIN(13)/36) and in accordance
with Article 15 in Section II of the Agreement on Trade Facilitation
("the Agreement"), Costa Rica hereby notifies that all the
provisions in Section I of the Agreement have been designated as Category
A commitments, except for the following:

- Article 10.1.1 || Formalities and documentation requirements

- Article 10.2.2 || Acceptance of copies

CÔTE D'IVOIRE

Pursuant to the Ministerial Decision of 7
December 2013 (WT/MIN(13)/36, WT/L/911) and Article 15 in Section II of the
Agreement on Trade Facilitation, the Republic of Côte d'Ivoire hereby notifies
its Category A commitments, in accordance with the provisions listed below:

Article 4.1 || Right to Appeal or Review

Article 5.1 || Notifications for Enhanced Controls or Inspections

Article 5.2 || Detention

Article 5.3 || Test Procedures

Article 7.4 || Risk Management

Article 7.5 || Post-Clearance Audit

Article 7.8 || Expedited Shipments

Article 7.9 || Perishable Goods

Article 9 || Movement of Goods under Customs Control Intended for Import

Article 10.3 || Use of International Standards

Article 10.5 || Preshipment Inspection

Article 10.7 || Common Border Procedures and Uniform Documentation Requirements

Article 10.8 || Rejected Goods

Article 10.9 || Temporary Admission of Goods/Inward and Outward Processing

Article 11 || Freedom of Transit

DOMINICAN
  REPUBLIC

Pursuant to the Ministerial Decision of 7 December 2013
(WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation
established under the General Council (hereinafter referred to as "the Preparatory Committee") shall, inter alia,
receive Members' notifications of Category A commitments under the
Agreement on Trade Facilitation (hereinafter referred to as "the
Agreement").

With reference to the above, the Government
of the Dominican Republic has the honour to notify the Preparatory Committee of the provisions
designated in Category A, corresponding to Section I of the Agreement.

Art. 1.2 || Information Available Through Internet

Art. 1.3 || Enquiry Points

Art. 2.1 || Opportunity to Comment and Information Before Entry into Force

Art. 2.2 || Consultations

Art. 3 || Advance Rulings

Art. 4.1 || Right to Appeal or Review

Art. 5.2 || Detention

Art. 6.1 || General Disciplines on Fees and Charges Imposed on or in Connection with Importation and Exportation

Art. 6.3 || Penalty Disciplines

Art. 7.1 || Pre-Arrival Processing

Art. 7.2 || Electronic Payment

Art. 7.3 || Separation of Release from Final Determination of Customs Duties, Taxes, Fees and Charges

Art. 7.5 || Post-Clearance Audit

Art. 7.7 || Trade Facilitation Measures for Authorized Operators

Art. 9 || Movement of Goods under Customs Control Intended for Import

Art. 10.1 || Formalities and Documentation Requirements

Art. 10.3 || Use of International Standards

Art. 10.5 || Preshipment Inspection

Art. 10.6 || Use of Customs Brokers

Art. 10.7 || Common Border Procedures and Uniform Documentation Requirements

Art. 10.8 || Rejected Goods

Art. 10.9 || Temporary Admission of Goods/Inward and Outward Processing

Art. 11 || Freedom of Transit

Art. 12 || Customs Cooperation

Art. 13.2 || National Committee on Trade Facilitation

ECUADOR

Pursuant to
the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36) and Article 15 of Section
II of the Agreement on Trade Facilitation, the Republic of Ecuador hereby notifies its Category A commitments, in accordance with the provisions listed
below:

Article No./ Paragraphs* || Description

2.1 || Opportunity to Comment and Information Before Entry into Force

4 || Appeal or Review Procedures

7.1 || Pre-Arrival Processing

7.6 || Establishment and Publication of Average Release Times

9 || Movement of Goods under Customs Control Intended for Import

10.3 || Use of International Standards

10.5 || Preshipment Inspection

10.6 || Use of Customs Brokers

10.7 || Common Border Procedures and Uniform Documentation Requirements

10.8 || Rejected Goods

10.9 || Temporary Admission of Goods/Inward and Outward Processing

11.1 || Freedom of Transit

11.2 || Freedom of Transit

11.3 || Freedom of Transit

11.4 || Freedom of Transit

11.5 || Freedom of Transit

11.6 || Freedom of Transit

11.16 || Freedom of Transit

11.17 || Freedom of Transit

- Where reference
is made to specific paragraphs, the commitment undertaken by the Republic of Ecuador is limited to the content of those specific paragraphs, not to that
of the Article as a whole.

EGYPT

Pursuant to the
Ministerial Decision of 7 December 2013 (WT/MIN(13)/36) and Article 15 of
Section II of the Agreement on Trade Facilitation, Egypt hereby notifies its
Category "A" commitments, in accordance with the provisions listed
below:

Article Number || Description

Article 4 paragraphs (1,3,4,5) || Procedures for Appeal or Review

Article 5.2 || Detention

Article 6.2 || Specific Disciplines on Fees and Charges for Customs Processing Imposed on or in Connection with Importation and Exportation

Article 6.3 sub - paragraphs (3.2,3.4,3.5,3.6) || Penalty Disciplines

Article 7.3 sub - paragraphs (3.1,3.2,3.3,3.4,3.5) || Separation of release from final determination of customs duties, taxes, fees and charges

Article 9 || Movement of goods intended for import under customs control

Article 10.5 paragraph (5.1) || Preshipment inspection

Article 10.6 || Use of customs brokers

Article 10.7 || Common border procedures and uniform documentation requirements

Article 10.8 || Rejected goods

Article 10.9 || Temporary admission of goods and inward and outward processing

Article 11 paragraphs (2,3,11,12,13,14,15,16) || Freedom of transit

EL SALVADOR

Pursuant to the Ministerial Decision of 7 December
2013 (WT/MIN(13)/36) and in accordance with Article 15 in Section II of
the Agreement on Trade Facilitation (hereinafter referred to as "the
Agreement"), El Salvador hereby notifies its Category A commitments,
in accordance with the provisions listed below:

Art. 1 || Publication and Availability of Information

Art. 2 || Opportunity to Comment, Information Before Entry Into Force and Consultation

Art. 3 || Advance Rulings

Art. 4 || Appeal or Review Procedures: paragraphs 1, 2, 3, 4 and 5

Art. 5 || Other Measures to Enhance Impartiality, Non-Discrimination and Transparency

Art. 6 || Disciplines on Fees and Charges Imposed on or in Connection with Importation and Exportation, and Penalty Disciplines: paragraphs 1 and 3

Art. 7 || Release and Clearance of Goods: paragraphs 1, 2, 3, 4, 5, 6, 7 (sub‑paragraphs 3, 4, 5, 6), 8 and 9

Art. 8 || Border Agency Cooperation: paragraph 1

Art. 9 || Movement of Goods under Customs Control Intended for Import

Art. 10 || Formalities Connected with Importation and Exportation and Transit: paragraphs 1, 2 (sub‑paragraphs 2 and 3), 3, 5 (sub-paragraph 1), 6, 7, 8 and 9

Art. 11 || Freedom of Transit: paragraphs 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 14, 15, 16 and 17

Art. 12 || Customs Cooperation: paragraphs 1, 3, 4, 5 (sub-paragraphs 1 and 2), 12

GABON

Pursuant to
the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911) and Article
15 in Section II of the Agreement on Trade Facilitation, the Gabonese Republic hereby notifies its Category A commitments, in accordance with the provisions
listed below:

Article 5.2 || Detention

Article 7.1 || Pre-arrival Processing

Article 7.8 || Expedited Shipments

Article 7.9 || Perishable Goods

Article 9 || Movement of Goods under Customs Control Intended for Import

Article 10.5 || Preshipment Inspection

Article 10.8 || Rejected Goods

Article 10.9 || Temporary Admission of Goods and Inward and Outward Processing

GUATEMALA

Pursuant to the Ministerial Decision of 7 December 2013
(WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation
established under the General Council (hereinafter the "Preparatory
Committee") shall, inter alia, receive Members' notifications of Category A
commitments under the Agreement on Trade Facilitation (hereinafter the
"Agreement").

With reference to the above, the Government
of Guatemala wishes hereby to notify the Preparatory Committee that all the
provisions in Section I of the Agreement have been designated as Category A
commitments in accordance with WTO document WT/PCTF/W/27 of 7 July 2014,
except for the following:

Article 1.1.1(d) and (f)

Article 1.2.1(a) and (b)

Article 1.3.1

Article 1.3.2

Article 1.4(b)
and (c)

Article 2.1.1

Article 3.9(b)(iii)

Article 5

Article 6.1.4

Article 7.1.2

Article 7.4.3

Article 7.6.1

Article 7.6.2

Article 7.7.3(a), (d), (e), (f) and (g)

Article 7.8.2(c) and (d)

Article 7.9.3

Article 8.1

Article 8.2(d)
and (e)

Article 10.1.1

Article 10.2.3

Article 10.4.1

Article 10.4.2

Article 11.17

Article 12.2.1

Article 12.3

Article 12.4

Article 12.5

Article 12.6

Article 12.7

Article 12.8

Article 12.9

Article 12.10

Article 12.11

HONDURAS

Pursuant to the
Ministerial Decision of 7 December 2013 (WT/MIN(13)/36) and Article 15
in Section II of the Agreement on Trade Facilitation ("the
Agreement"), Honduras hereby notifies its Category
A commitments, in accordance with the provisions listed below:

Art. 1.1 || Publication

Art. 1.2 || Information Available Through Internet

Art. 1.3 || Enquiry Points

Art. 1.4 || Notification

Art. 3 || Advance Rulings

Art. 4 || Appeal or Review Procedures

Art. 6.1 || General Disciplines on Fees and Charges Imposed on or in Connection with Importation and Exportation (except for Art. 6.1.3 and 6.1.4)

Art. 6.2 || Specific Disciplines on Fees and Charges Imposed on or in Connection with Importation and Exportation

Art. 6.3 || Penalty Disciplines

Art. 7.1 || Pre-arrival Processing

Art. 7.2 || Electronic Payment

Art. 7.4 || Risk Management

Art. 7.5 || Post-Clearance Audit

Art. 7.8 || Expedited Shipments (except for Art. 7.8.2(d))

Art. 7.9 || Perishable Goods (except for Art. 7.9.3)

Art. 8 || Border Agency Cooperation (except for Art. 8.2(c), (d) and (e))

Art. 9 || Movement of Goods under Customs Control Intended for Import

Art. 10.1 || Formalities and Documentation Requirements

Art. 10.3 || Use of International Standards

Art. 10.5 || Pre-shipment Inspection

Art. 10.6 || Use of Customs Brokers

Art. 10.7 || Common Border Procedures and Uniform Documentation Requirements

Art. 10.8 || Rejected Goods

Art. 10.9 || Temporary Admission of Goods/Inward and Outward Processing

Art. 11 || Freedom of Transit

Art. 12.12 || Bilateral and regional agreements

HONG KONG, CHINA

Pursuant to the Ministerial Decision of 7
December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade
Facilitation established under the General Council (hereinafter referred to as
"the Preparatory Committee") shall, inter alia, receive from
Members their notifications of Category A commitments under the Agreement on
Trade Facilitation (hereinafter referred to as "the Agreement").

With reference to the above, the Government
of Hong Kong, China has the honour to notify the Preparatory Committee that Hong Kong, China hereby designates all provisions
contained in Articles 1 to 12 of the Agreement (annexed to the above
Ministerial Decision) under Category A, which will be implemented upon entry
into force of the Agreement.

Indonesia

Pursuant to the
Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation
established under the General Council (hereinafter referred to as "the
Preparatory Committee") shall, inter
alia, receive from Members their notifications of Category A commitments under the Agreement on Trade Facilitation
(hereinafter referred to as "the Agreement") .

With reference to the above, the Government
of the Republic of Indonesia has the honour to notify the Preparatory Committee
that Indonesia hereby designates the following provisions of the Agreement
under Category A, which will be implemented upon entry into force of the
Agreement:

Art. 6.3 || Penalty Disciplines

Art. 7.1 || Pre-arrival Processing

Art. 10.6 || Use of Customs Brokers

ISRAEL

Pursuant to the Ministerial Decision of 7th
December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade
Facilitation established under the General Council shall, inter alia,
receive from Members their notifications of Category A commitments under the Trade
Facilitation Agreement.

With reference to the above, the State of
Israel has the honour to notify the Preparatory Committee on Trade Facilitation
that the State of Israel hereby designates all of the provisions contained in
Section I of the Agreement as Category A.

JORDAN

Pursuant to the Ministerial Decision of 7
December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade
Facilitation established under the General Council (hereinafter referred to as
"the Preparatory Committee") shall, inter alia, receive
Members' notifications of category A commitments under the Agreement on Trade
Facilitation (hereinafter referred to as "the Agreement").

With reference to the above, the Government
of Jordan has the honour to notify the Preparatory Committee that it designates
all of the provisions contained in Section I of the Agreement (annexed to the
above-mentioned Ministerial Decision) under Category A for implementation in
full upon the entry into force of the Agreement, except for the following:

Article 1.1 || Publication

Article 1.2 || Information Available Through Internet

Article 1.3 || Enquiry Points

Article 3.1 || Advance Rulings

Article 6.1 || General Disciplines on Fees and Charges Imposed on or in Connection with Importation and Exportation

Article 7.1 || Pre-arrival Processing

Article 10.1 || Formalities and Documentation Requirements

Article 10.2 || Acceptance of Copies

Article 10.4 || Single Window

Article 11.5-10 || Transit Procedures and Controls

KOREA

I have the honour to refer to the
Ministerial Decision on 7 December 2013 (WT/MIN(13)/36, WT/L/911), under which
the Preparatory Committee on Trade Facilitation was established under the
General Council (herein referred to as “the Preparatory Committee”) shall, inter
alia, receive from Members their notifications of Category A
commitments under the Agreement on Trade Facilitation (herein referred to as
“the Agreement”).

Further, I have the additional honour to
notify the Preparatory Committee that the Government of the Republic of Korea has decided to designate all provisions contained in Articles 1 through 12 of
the Agreement under Category A.

Kuwait

Pursuant to the Ministerial Decision of 7
December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation established
under the General Council (hereinafter referred to as the "Preparatory
Committee") shall, inter alia, receive from Members their notifications
of Category A commitments under the Agreement on Trade Facilitation (hereinafter
referred to as the "Agreement").

With reference to the above, the State of
Kuwait has the honour to notify the Preparatory Committee that the State of
Kuwait hereby designates the provisions contained in Annex I under Category A,
except for the following:

Article 3.1 || Advance Rulings

Article 6.2 || Specific disciplines on Fees and Charges for Customs Processing Imposed on or in Connection with Importation and Exportation

Article 7.4 || Risk Management

Article 7.5 || Post-Clearance Audit

Article 7.7 || Trade Facilitation Measures for Authorized Operators

Article 7.9 || Perishable goods

Article 8 || Border Agency Co-operation

Article 10.4 || Single Window

Article 11.11-15 || Transit Guarantees

Article 12 || Customs cooperation

KYRGYZ REPUBLIC

Pursuant to the Ministerial Decision of 7
December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade
Facilitation established under the General Council (hereinafter referred to as
"the Preparatory Committee") shall, inter alia, receive from
Members their notifications of Category A commitments under the Agreement on
Trade Facilitation (hereinafter referred to as "the Agreement").

With reference to the above, on behalf of
the Ministry of Economy of the Kyrgyz Republic we are pleased to notify the
Preparatory Committee that the Kyrgyz Republic designates the following
provisions contained in Section I of the Agreement (annexed to the above
mentioned Ministerial Decision) as Category A commitments, which will be
implemented upon entry into force of the Agreement:

Article 4 || All provisions (Procedures for Appeal or Review)

Article 5 || Paragraph 2 (Detention)

Article 9 || (Movement of Goods Intended for Import under Customs Control)

Article 10 || Paragraph 5 (Preshipment Inspection)

Article 11 || Paragraphs 1 to 4 (Transit Charges, Regulations, Formalities and Non‑Discrimination)

MACAO CHINA

Pursuant to the Ministerial Decision of 7
December, 2013 (WT/MIN (13)/36), the Preparatory Committee on Trade
Facilitation established under the General Council (hereinafter referred to as
the "Preparatory Committee") shall, inter alia, receive
Members' notifications of Category A commitments under the Agreement on Trade
Facilitation (hereinafter referred to as "the Agreement").

With reference to the above, the Government
of Macao, China has the honour to notify the Preparatory Committee that Macao, China hereby designates all the provisions contained in Articles 1 to 12 of the
Agreement under Category A, which will be implemented upon entry into force of
the Agreement, except for the following:

Art. 7: || Paragraph 4 - Risk Management;

Art. 7: || Paragraph 5 – Post-Clearance Audit;

Art. 9:  || Movement of Goods Intended for Import under Customs Control;

Art. 10: || Paragraph 4 – Single Window.

MALAYSIA

Pursuant to the Ministerial Decision of 7
December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade
Facilitation established under the General Council (hereinafter referred to as
the "Preparatory Committee") shall, inter alia, receive
Members' notifications of Category A commitments under the Agreement on Trade Facilitation (hereinafter
referred to as the "Agreement").

With reference to the above, the Government
of Malaysia has the honour to notify the Preparatory Committee that Malaysia hereby designates all provisions contained in
Articles 1 to 12 of the Agreement (annexed to the above Ministerial Decision)
under Category A, except for the following:

Article 7.8 || (Expedited Shipments); and

Article 11.9 || (Advance filing and processing of transit documentation and data prior to the arrival of goods).

Mauritius

Pursuant to the Ministerial Decision of 7
December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade
Facilitation established under the General Council (hereinafter referred to as "the Preparatory
Committee") shall, inter alia, receive from Members their
notifications of Category A commitments under the Agreement on Trade
Facilitation (hereinafter referred to as "the Agreement").

With reference to the above, the Government
of the Republic of Mauritius has the honour to notify the Preparatory Committee
that the Republic of Mauritius hereby designates the following provisions of
the Agreement (annexed to the above Ministerial Decision) under Category A,
which will be implemented upon entry into force of the Agreement:

Article 1.1 || Publication

Article 1.2 || Information Available Through Internet

Article 1.4 || Notification

Article 2.1 || Opportunity to Comment and Information before Entry into Force

Article 2.2 || Consultation

Article 3 || Advanced Rulings

Article 4 || Procedures for Appeal or Review

Article 5.1 || Notifications for Enhanced Controls or Inspections

Article 5.2 || Detention

Article 6.1 || General Disciplines on Fees and Charges Imposed on or in Connection with Importation and Exportation

Article 6.2 || Specific Disciplines on Fees and Charges for Customs Processing Imposed on or in Connection with Importation and Exportation

Article 6.3 || Penalty Disciplines

Article 7.1 || Pre-arrival Processing

Article 7.2 || Electronic Payment

Article 7.3 || Separation of Release from Final Determination of Customs Duties, Taxes, Fees and charges

Article 7.5 || Post-clearance Audit

Article 7.9 || Perishable Goods

Article 9 || Movement of Goods Intended for Import under Customs Control

Article 10.1 || Formalities and Documentation Requirements

Article 10.2 || Acceptance of Copies

Article 10.5 || Pre-shipment Inspection

Article 10.6 || Use of Customs Brokers

Article 10.7 || Common Border Procedures and Uniform Documentation Requirements

Article 10.8 || Rejected Goods

Article 10.9.1 || Temporary Admission of Goods

Article 11 || Freedom of Transit

Article 23.2 || National Committee on Trade Facilitation

MEXICO

Pursuant to the
Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory
Committee on Trade Facilitation established under the General Council
(hereinafter referred to as the "Preparatory Committee") shall, inter
alia, receive Members' notifications of Category A commitments under the
Agreement on Trade Facilitation (hereinafter referred to as the
"Agreement").

With reference to the above, the Government of Mexico
has the honour to notify the Preparatory Committee that
it designates all of the provisions contained in Section
I of the Agreement (annexed to the above-mentioned Ministerial Decision) under Category A
for implementation in full upon the entry into force of the Agreement.

MOLDOVA

Pursuant to the Ministerial Decision of 7
December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade
Facilitation established under the General Council (hereinafter referred to as
"the Preparatory Committee") shall, inter alia, receive
Members' notifications of category A commitments under the Agreement on Trade
Facilitation (hereinafter referred to as "the Agreement").

With reference to the above, the Government
of the Republic of Moldova has the honour to notify the Preparatory Committee
that the Republic of Moldova designates the following provisions contained in
Section I of the Agreement (annexed to the above-mentioned Ministerial
Decision) as Category A commitments, which will be implemented upon entry into
force of the Agreement:

Article 1 || Paragraphs 1 and 4 (Publication, Notification)

Article 3 || (ADVANCE RULINGS)

Article 4 || (PROCEDURES FOR APPEAL OR REVIEW)

Article 5 || Paragraph 2 (Detention)

Article 6 || Paragraph 2 (Specific disciplines on Fees and Charges for Customs Processing Imposed on or in Connection with Importation and Exportation)

Article 7 || Paragraphs 2, 4 and 5 (Electronic Payment, Risk Management, Post-clearance Audit)

Article 8 || (BORDER AGENCY COOPERATION)

Article 9 || (MOVEMENT OF GOODS INTENDED FOR IMPORT UNDER CUSTOMS CONTROL)

Article 10 || Paragraphs 3 and from 5 to 9 (Use of International Standards, Preshipment Inspection, Use of Customs Brokers, Common Border Procedures and Uniform Documentation Requirements, Rejected Goods, Temporary Admission of Goods and Inward and Outward Processing)

Article 12 || All provisions

MONGOLIA

Pursuant to the Ministerial Decision of 7
December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade
Facilitation established under the General Council (hereinafter referred to as
the "Preparatory Committee") shall, inter alia, receive
Members' notifications of Category A commitments under the Agreement on Trade
Facilitation (hereinafter referred to as the "Agreement").

With reference to the above, the Government
of Mongolia has the honour to notify the Preparatory Committee that Mongolia hereby designates the following provisions contained
in Section I of the Agreement (annexed to the above-mentioned Ministerial
Decision) as Category A commitments which will be implemented upon entry into
force of the Agreement:

Art. 1.4 || Notifications

Art. 2.2 || Consultations

Art. 4 || Procedures for appeal or review

Art. 5.2            || Detention

Art. 6.1 || General disciplines on fees and charges imposed on or in connection with importation exportation

Art. 6.2 || Specific disciplines on fees and charges imposed on or in connection with importation exportation

Art. 10.1 || Formalities and documentation requirements

Art. 10.2 || Acceptance of copies

Art. 10.7 || Common border procedures and uniform documentation requirements

Art. 10.8 || Rejected goods

Art. 11 || Freedom of transit

Montenegro

Pursuant to the Ministerial Decision of 7 December
2013 (wt/min(13)/36, wt/l/911), the Preparatory Committee on Trade Facilitation
established under the General Council (hereinafter referred to as the
"Preparatory Committee") shall, inter alia, receive Members'
notifications of Category A commitments under the Agreement on Trade
Facilitation (hereinafter referred to as the "Agreement").

With reference to the above, the Government
of Montenegro has the honour to notify the Preparatory Committee that Montenegro hereby designates the following provisions contained in Section I of the
Agreement under Category A, which will be implemented upon entry into force of
the agreement:

Art. 1.1 || Publication

Art. 2.1 || Opportunity to Comment and Information before Entry into Force

Art. 2.2 || Consultations

Art. 3.1 || Advance Rulings

Art. 4   || Procedures for Appeal or Review

Art. 5.2 || Detention

Art. 5.3 || Test Procedures

Art. 6.2 || Specific Disciplines on Fees and Charges Imposed on or in Connection with Importation and Exportation

Art. 6.3 || Penalty Disciplines

Art. 7.2 || Electronic Payment

Art. 7.3 || Separation of Release from Final Determination of Customs Duties, Taxes, Fees and Charges

Art. 7.7 || Trade Facilitation Measures for Authorized Operators

Art. 8 || Border Agency Cooperation

Art. 9 || Movement of Goods intended for import under Customs Control

Art. 10.1 || Formalities and Documentation Requirements

Art. 10.2 || Acceptance of Copies

Art. 10.3 || Use of International Standards

Art. 10.5 || Preshipment Inspection

Art. 10.6 || Use of Customs Brokers

Art. 10.7 || Common Border Procedures and Uniform Documentation Requirements

Art. 10.8 || Rejected Goods

Art. 10.9 || Temporary Admission of Goods and Inward and Outward Processing

Art. 11.1-11.3  || Transit Charges, Regulations, and Formalities

Art. 11.4 || Transit Strengthened Non-Discrimination

Art. 11.11-11.15 || Transit Guarantees

Art. 11.16-11.17 || Transit Cooperation and Coordination

Art. 12 || Customs Cooperation

KINGDOM
 OF MOROCCO

Pursuant to the Ministerial Decision of 7
December 2013 (WT/MIN(13)/36 - WT/L/911), the Preparatory Committee on
Trade Facilitation established under the General Council (hereinafter referred
to as the "Preparatory Committee") shall, inter alia, receive
Members' notifications of Category A commitments under the Agreement on
Trade Facilitation.

With reference to the above, the Kingdom of Morocco has the honour to notify the Preparatory
Committee that it designates
the following provisions under Category A.

Art. 1.1 || Publication

Art. 1.2 || Information Available Through Internet

Art. 1.3 || Enquiry Points

Art. 1.4 || Notification

Art. 2.1 || Opportunity to Comment and Information before Entry into Force

Art. 2.2 || Consultations

Art. 3 || Advance Rulings

Art. 4 || Procedures for Appeal or Review

Art. 5.2 || Detention

Art. 5.3 || Test Procedures

Art. 6.1 || General Disciplines on Fees and Charges Imposed on or in Connection with Importation and Exportation

Art. 6.2 || Specific disciplines on Fees and Charges for Customs Processing Imposed on or in Connection with Importation and Exportation

Art. 6.3 || Penalty Disciplines

Art. 7.2 || Electronic Payment

Art. 7.3 || Separation of Release from Final Determination of Customs Duties, Taxes, Fees and Charges

Art. 7.5 || Post-Clearance Audit

Art. 7.6 || Establishment and Publication of Average Release Times

Art. 7.7 || Trade Facilitation Measures for Authorized Operators

Art. 7.8 || Expedited Shipments

Art. 8 || Borger Agency Cooperation

Art. 9 || Movement of Goods under Customs Control Intended for Import

Art. 10.1 || Formalities and Documentation Requirements

Art. 10.2 || Acceptance of Copies

Art. 10.3 || Use of International Standards

Art. 10.6 || Use of Customs Brokers

Art. 10.7 || Common Border Procedures and Uniform Documentation Requirements

Art. 10.8 || Rejected Goods

Art. 10.9 || Temporary Admission of Goods/Inward and Outward Processing

Art. 11 || Freedom of Transit

Art. 12 || Customs Cooperation

Art. 13.2 || National Committee on Trade Facilitation

NICARAGUA

Pursuant to the
Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911),
the Preparatory Committee on Trade Facilitation established under the
General Council (hereinafter referred to as the "Preparatory
Committee") shall, inter alia, receive Members' notifications
of Category A commitments under the Agreement on Trade Facilitation (hereinafter
referred to as the "Agreement").

With reference to the above, the Government of Nicaragua
has the honour to notify the Preparatory Committee
of the provisions designated in Category A, corresponding to Section I of the
Agreement.

Art. 1.2 || Information Available Through Internet

Art. 1.4 || Notification

Art. 2.1 || Opportunity to Comment and Information Before Entry into Force

Art. 2.2 || Consultations

Art. 3 || Advance Rulings

Art. 4.1 || Right to Appeal or Review

Art. 5.2 || Detention

Art. 6.1 || General Disciplines on Fees and Charges Imposed on or in Connection with Importation and Exportation

Art. 6.3 || Penalty Disciplines

Art. 7.1 || Pre-arrival Processing

Art. 7.3 || Separation of Release from Final Determination of Customs Duties, Taxes, Fees and Charges

Art. 7.4 || Risk Management

Art. 7.5 || Post-Clearance Audit

Art. 7.8 || Expedited Shipments

Art. 7.9 || Perishable Goods

Art. 9 || Movement of Goods under Customs Control Intended for Import

Art. 10.1 || Formalities and Documentation Requirements

Art. 10.3 || Use of International Standards

Art. 10.5 || Pre-shipment Inspection

Art. 10.6 || Use of Customs Brokers

Art. 10.7 || Common Border Procedures and Uniform Documentation Requirements

Art. 10.8 || Rejected Goods

Art. 10.9 || Temporary Admission of Goods/Inward and Outward Processing

Art. 11 || Freedom of Transit

Art. 12.1 || Measures Promoting Compliance and Cooperation

Art. 12.2 || Exchange of Information

Art. 12.3 || Verification

Art. 12.4 || Request

Art. 12.5 || Protection and confidentiality

Art. 12.6 || Provision of information

Art. 12.7 || Postponement or refusal of a request

Art. 12.8 || Reciprocity

Art. 12.9 || Administrative burden

Art. 12.10 || Limitations

Art. 12.11 || Unauthorized use or disclosure

Art. 12.12 || Bilateral and regional agreements

Art. 13.2 || National Committee on Trade Facilitation

NIGERIA

Pursuant to the Ministerial Decision of 7
December, 2013 (WT/MIN (13)/36, WT/L/911), the Preparatory Committee on Trade
Facilitation established under the General Council (herein referred to as the "Preparatory
Committee") shall, inter alia, receive Members' notifications of
Category A commitments under the Agreement of Trade Facilitation (hereinafter
referred to as the "Agreement").

With reference to the above, the Government
of the Federal Republic of Nigeria has the honour to notify the Preparatory
Committee that Nigeria hereby designates the following provisions contained in
Section I of the Agreement under Category A, which will be implemented upon
entry into force of the Agreement:

Art. 6.3: || Penalty Disciplines;

Art. 7.1: || Pre arrival processing;

Art. 7.3: || Separation of Release from Final Determination of Customs Duties, taxes, fees and charges;

Art. 9:  || Movement of goods intended for import under Customs control;

Art. 10.7: || Common Border Procedures and Uniform Documentation Requirements;

Art. 10.9: || Temporary Admission of Goods and/Inward and Outward Processing;

Art. 11.3: || Voluntary Restraints;

Art. 11.4: || Non-Discrimination;

Art. 11.6: || Documentation Requirements;

Art. 11.8: || Non-Application of TBTs;

Art. 11.9: || Advance Filling and Processing of Transit Documentation;

Art. 11.10: || Prompt Termination of Transit Operation; and

Art. 11.11: || Transit guarantees.

OMAN

Pursuant to the Ministerial Decision of 7
December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade
Facilitation established under the General Council (hereinafter referred to as
"the Preparatory Committee") shall, inter alia, receive from Members
their notifications of category A commitments under the Agreement on Trade
Facilitation (hereinafter referred to as "the Agreement").

With reference to the above, the Government
of the Sultanate of Oman has the honour to notify the Preparatory Committee that Oman hereby designates the following
provisions of the Agreement under Category A, which will be implemented upon
entry into force of the Agreement:

Article 1: || Publication:

1.1 || Information available through Internet

1.4 || Notification

Article 2: || Opportunity to comment, information before entry into force and consultation:

2.2 || Consultations

Article 4: || Appeal or review procedures:

4.1       || Right to appeal or review

Article 5: || Other measures to enhance impartiality, non–discrimination and transparency:

5.1 || Notifications for enhanced controls or inspections

5.2 || Detention

5.3 || Test procedures

Article 6: || Disciplines on fees and charges imposed on or in connection with importation and exportation:

6.1 || General disciplines on fees and charges imposed on or in connection with importation and exportation

6.2 || Specific disciplines on fees and charges imposed on or in connection with importation and exportation

Article 7: || Release and clearance of goods:

7.3 || Separation of release from final determination of customs duties, taxes, fees and charges

Article 9: || Movement of goods under customs control intended for import

Article 10: || Formalities connected with importation and exportation and transit:

10.3 || Use of international standards

10.5 || Pre-shipment inspection

10.6 || Use of customs brokers

10.7 || Common border procedures and uniform documentation requirements

10.8 || Rejected goods

10.9 || Temporary admission of goods-inward and outward processing

Article 11: || Freedom of Transit:

11.1.3 || Transit charges, regulations and formalities

11.4 || Transit strengthened non-discrimination

11.11.1 || Transit guarantees

Article 13: || Institutional Arrangements:

13.2 || National Committee on Trade Facilitation

PANAMA

Pursuant to paragraphs 2 and 3 of the
Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911) and
in accordance with Article 15 in Section II of the Agreement on Trade
Facilitation (hereinafter referred to as "the Agreement"), Panama
hereby notifies that the following provisions in Section I of the
Agreement have been designated as Category A commitments for implementation
upon its entry into force:

Article 1.3 || Enquiry Points

Article 4 || Procedures for Appeal or Review

Article 5.1 || Notifications for Enhanced Controls or Inspections

Article 5.2 || Detention

Article 6.1 || General Disciplines on Fees and Charges Imposed on or in Connection with Importation and Exportation

Article 6.2 || Specific Disciplines on Fees and Charges for Customs Processing Imposed on or in Connection with Importation and Exportation

Article 6.3 || Penalty Disciplines

Article 7.1 || Pre-arrival Processing

Article 7.3 || Separation of Release from Final Determination of Customs Duties, Taxes, Fees and Charges

Article 7.4 || Risk Management

Article 7.5 || Post-clearance Audit

Article 7.6 || Establishment and Publication of Average Release Times

Article 7.7 || Trade Facilitation Measures for Authorized Operators

Article 7.8 || Expedited Shipments

Article 7.9 || Perishable Goods

Article 9 || Movement of Goods under Customs Control Intended for Import

Article 10.1 || Formalities and Documentation Requirements

Article 10.2 || Acceptance of Copies

Article 10.3 || Use of International Standards

Article 10.5 || Pre-shipment Inspection

Article 10.6 || Use of Customs Brokers

Article 10.8 || Rejected Goods

Article 10.9      || Temporary Admission of Goods/Inward and Outward Processing

Article 11 || Freedom of Transit

Article 12.1 || Measures Promoting Compliance and Cooperation

Article 12.2 || Exchange of Information

Article 12.3 || Verification

Article 12.4 || Request

Article 12.5 || Protection and Confidentiality

Article 12.6 || Provision of Information

Article 12.7 || Postponement or Refusal of a Request

Article 12.8 || Reciprocity

Article 12.9 || Administrative Burden

Article 12.10 || Limitations

Article 12.11 || Unauthorized Use or Disclosure

Article 12.12 || Bilateral and Regional Agreements

PARAGUAY

Pursuant to the Ministerial Decision of
7 December 2013 (WT/MIN(13)/36) and Article 15 of Section
II of the Agreement on Trade Facilitation, the Republic of Paraguay hereby notifies its Category A commitments, in accordance with the
provisions listed below:

Article No. / Paragraphs* || Description

3 || Advance Rulings

4 || Appeal or Review Procedures

5.2 || Detention

7.2 || Electronic Payment

7.4 || Risk Management

9 || Movement of Goods under Customs Control Intended for Import

10.2 || Acceptance of Copies

10.3 || Use of International Standards

10.4 || Single Window

10.5 || Preshipment Inspection

10.6 || Use of Customs Brokers

10.8 || Rejected Goods

10.9 || Temporary Admission of Goods/Inward and Outward Processing

11 || Freedom of Transit

12 || Customs Cooperation

- Where reference is made to specific
paragraphs, the commitment undertaken by the Republic of Paraguay is limited to the content of those specific paragraphs, not to that of the Article as a
whole.

PERU

Pursuant to the Ministerial Decision of 7 December 2013
(WT/MIN(13)/36) and in accordance with Article 15 in
Section II of the Agreement on Trade Facilitation ("the Agreement"),
Peru hereby notifies that all the provisions in Section I of the Agreement
have been designated as Category A commitments for implementation
upon its entry into force, except for the following:

- Article 3 || Advance Rulings

- Article 5.1 || Notifications for Enhanced Controls or Inspections

- Article 5.3 || Test Procedures

- Article 6.3 || Penalty Disciplines

- Article 8 || Border Agency Cooperation

- Article 10.4 || Single Window

- Article 12 || Customs Cooperation

philippines

Pursuant to the Ministerial Decision of 7
December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade
Facilitation established under the General Council (hereinafter referred to as
the "Preparatory Committee") shall, inter alia, receive
Members' notifications of Category A commitments under the Agreement on Trade
Facilitation (hereinafter referred to as the "Agreement").

With reference to the above, the Government
of the Philippines has the honour to notify
the Preparatory Committee that it designates the following provisions contained
in Section I of the Agreement (annexed to the above-mentioned Ministerial
Decision) under Category A:

Article 1.1 || Publication

Article 1.2 || Information Available Through Internet

Article 1.3 || Enquiry Points

Article 1.4 || Notification

Article 2.1 || Opportunity to Comment and Information before Entry Into Force

Article 3 || Advance Rulings

Article 4 || Procedures for Appeal or Review

Article 5.2 || Detention

Article 5.3 || Test Procedures

Article 6.1 || General Disciplines on Fees and Charges Imposed on or in Connection with Importation and Exportation

Article 6.2 || Specific Disciplines on Fees and Charges for Customs Processing Imposed on or in Connection with Importation and Exportation

Article 6.3 || Penalty Disciplines

Article 7.1 || Pre-arrival processing

Article 7.3 || Separation of Release from Final Determination of Customs Duties, Taxes, Fees, and Charges

Article 7.4 || Risk Management

Article 7.6 || Establishment and Publication of Average Release Times

Article 7.7 || Trade Facilitation Measures for Authorized Operators

Article 7.8 || Expedited Shipments

Article 7.9 || Perishable Goods

Article 9 || Movement of Goods Intended for Import under Customs Control

Article 10.2 || Acceptance of Copies

Article 10.3 || Use of International Standards

Article 10.5 || Preshipment Inspection

Article 10.6 || Use of Customs Brokers

Article 10.7 || Common Border Procedures and Uniform Documentation Requirements

Article 10.9 || Temporary Admission of Goods and Inward and Outward Processing

Article 11 || Freedom of Transit

Article 12 || Customs Cooperation

Qatar

Pursuant to the Ministerial Decision of 7
December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade
Facilitation established under the General Council (hereinafter referred to as
"the Preparatory Committee") shall, inter alia, receive
Members' notification of Category A commitments under the Agreement on Trade
Facilitation (hereinafter referred to as "the Agreement").

With reference to the above, the Government
of the State of Qatar has the privilege to notify the Preparatory Committee that the State of Qatar hereby
designates all the provisions in Section I of the Agreement as Category A
commitments except for the following:

- 7.7 || Trade Facilitation Measures for Authorized Operators

KINGDOM OF SAUDI ARABIA

Pursuant to the Ministerial Decision of 7
December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation established
under the General Council (hereinafter referred to as the "Preparatory
Committee") shall, inter alia, receive Members' notifications of
Category A commitments under the Agreement on Trade Facilitation (hereinafter
referred to as the "Agreement").

With reference to the above, the Government
of Kingdom of Saudi Arabia has the honour to notify the Preparatory Committee
that it designates all of the provisions contained in Section I of the
Agreement (annexed to the above-mentioned Ministerial Decision) under Category
A for implementation in full upon the entry into force of the Agreement, except
for the following:

- Article 2.1 || Opportunity to Comment and Information before Entry into Force

- Article 10.4 || Single Window

SENEGAL

Pursuant to the Ministerial Decision of 7 December 2013
(WT/MIN(13)/36) on the Agreement on Trade Facilitation, Senegal hereby notifies its Category A commitments, in
accordance with the provisions listed below:

|| ARTICLE/PARAGRAPH || DESCRIPTION

1 || 2.1 || Opportunity to Comment and Information before Entry into Force

2 || 2.2 || Consultations

3 || 4 || Appeal or Review Procedures

4 || 5.2 || Detention

5 || 5.3 || Test Procedures

6 || 7.1 || Pre-Arrival Processing

7 || 7.2 || Electronic Payment

8 || 7.3 || Separation of Release from Final Determination of Customs Duties, Taxes, Fees and Charges

9 || 7.4 || Risk Management

10 || 7.6 || Establishment and Publication of Average Release Times

11 || 9 || Movement of Goods under Customs Control Intended for Import

12 || 10.2 || Acceptance of Copies

13 || 10.3 || Use of International Standards

14 || 10.4 || Single Window

15 || 10.6 || Use of Customs Brokers

16 || 10.7 || Common Border Procedures and Uniform Documentation Requirements

17 || 10.8 || Rejected Goods

18 || 10.9 || Temporary Admission of Goods/Inward and Outward Processing

19 || 12 || Customs Cooperation

SINGAPORE

Pursuant to the Ministerial Decision of 7
December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade
Facilitation established under the General Council (hereinafter referred to as
"the Preparatory Committee") shall, inter alia, receive from
Members their notifications of Category A commitments under the Agreement on
Trade Facilitation (hereinafter referred to as "the Agreement").

With reference to the above, the Government
of the Republic of Singapore has the honour to notify the Preparatory Committee
that the Republic of Singapore hereby designates all provisions contained in
Articles 1 to 12 of the Agreement (annexed to the above Ministerial Decision)
under Category A, which will be implemented upon entry into force of the
Agreement.

SRI LANKA

Pursuant to the
Ministerial Decision of 7th December 2013 (WT/MIN(13)/36, WT/L/911),
the Preparatory Committee on
Trade Facilitation established under the General Council (hereinafter referred
to as the "Preparatory Committee") shall, inter alia, receive
from Members their notifications of Category A commitments under the Agreement
on Trade Facilitation (hereinafter referred to as the "Agreement").

With reference to the
above, the Government of the Democratic Socialist Republic of Sri Lanka has
the honour to notify the Preparatory Committee that Sri Lanka designates the
following provisions of the Agreement (annexed to the above Ministerial
Decision) under Category A, which will be implemented upon entry into force of
the Agreement:

Provisions || Title

4.1 || Right to Appeal or Review

5.2 || Detention

6.3 || Penalty Disciplines

7.2 || Electronic Payment

7.8 || Expedited Shipments

9 || Movement of Goods Intended for Import under Customs Control

10.6 || Use of Customs Brokers

10.7 || Common Border Procedures and Uniform Documentation Requirements

10.8 || Rejected Goods

10.9 || Temporary Admission of Goods and Inward and Outward Processing

11 || Freedom of Transit

SEPARATE CUSTOMS TERRITORY OF
 TAIWAN, PENGHU, KINMEN
AND MATSU

Pursuant to the Ministerial Decision of 7
December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade
Facilitation established under the General Council (hereinafter
referred to as "the Preparatory Committee") shall, inter alia,
receive from Members their notifications of Category A commitments under the
Agreement on Trade Facilitation (hereinafter referred to as "the
Agreement").

With reference to the above, the Separate Customs
Territory of Taiwan, Penghu, Kinmen and Matsu has the
honour to notify the Preparatory Committee that it designates all provisions contained in Articles 1 to 12 of the
Agreement (annexed to the above-mentioned Ministerial Decision) under Category A for
full implementation upon the entry into force of the Agreement.

TAJIKISTAN

Pursuant to the Ministerial Decision of 7
December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade
Facilitation established under the General Council is authorized, inter alia,
to receive Members' notifications of Category A commitments under the Agreement
on Trade Facilitation.

With reference to the above, the Government
of Tajikistan has the honour to notify the Preparatory Committee that it designates the following provisions of Section I of the
Agreement (annexed to the above-mentioned Ministerial Decision) under Category
A for implementation in full upon the entry into force of the Agreement:

Article 1 ||

Paragraph 1 || Publication

Paragraph 2 || Information Available Through Internet

Article 4 || All provisions

Article 5 ||

Paragraph 2 || Detention

Paragraph 3 || Test Procedures

Article 6 || All provisions

Article 7 ||

Paragraph 1 || Pre-arrival Processing

Paragraph 3 || Separation of Release from Final Determination of Customs Duties, Taxes, Fees and Charges

Paragraph 4 || Risk Management

Paragraph 5 || Post-clearance Audit

Paragraph 6 || Establishment and Publication of Average Release Times

Paragraph 8 || Expedited Shipments

Paragraph 9 || Perishable Goods

Article 8 || Item 1

Article 9 || All provisions

Article 10 ||

Paragraph 1 || Formalities and Documentation Requirements

Paragraph 2 || Acceptance of Copies

Paragraph 3 || Use of International Standards

Paragraph 5 || Pre-shipment Inspection

Paragraph 6 || Use of Customs Brokers

Paragraph 7 || Common Border Procedures and Uniform Documentation Requirements

Paragraph 8 || Rejected Goods

Paragraph 9 || Temporary Admission of Goods/Inward and Outward Processing

Article 11 || All provisions

THAILAND

Pursuant to the Ministerial Decision of 7
December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation established
under the General Council (hereinafter referred to as "the Preparatory
Committee") shall, inter alia, receive from Members their notifications
of Category A commitments under the Agreement on Trade Facilitation
(hereinafter referred to as "the Agreement").

With reference to the above, the Royal Thai
Government has the honour to notify the Preparatory Committee that Thailand hereby designates all of the provisions contained in Section I of the Agreement under
Category A, which will be implemented upon entry into force of the Agreement, except
for the following:

Article 3 || Advanced ruling: paragraph 5 and 6

Article 4 || Procedures for appeal or review: paragraph 4

Article 5 || Other measures: paragraph 1 Notifications and paragraph 3 Test procedures

Article 6 || Disciplines on fees and charges: sub-paragraph 3.4 and 3.7 Penalty disciplines

Article 7 || Release and clearance of goods: sub-paragraph 1.1 Pre-arrival processing

Article 10 || Formalities: paragraph 8 Rejected goods and paragraph 9 Temporary admission

Article 11 || Freedom of transit: paragraph 1, 8, and 9

Article 12 || Customs cooperation: paragraph 2 exchange of information, sub-paragraph 5.1 (c)-(f) and sub-paragraph 6.1 Provision of information

TUNISIA

Pursuant to the Ministerial Decision of 7 December 2013
(WT/MIN(13)/36, WT/L/911) and Article 15 in Section II of the
Agreement on Trade Facilitation, the Government of the Tunisian Republic hereby notifies the following provisions of that Agreement under Category A:

Article or paragraph number* || Description

1.1 || Publication

1.2 || Information available through internet

1.3 || Enquiry points

1.4 || Notification

2.1 || Opportunity to comment and information before entry into force

4 || Appeal or review procedures

5.2 || Detention

6.3 || Penalty disciplines

7.1 || Pre-arrival processing

7.3 || Separation of release from final determination of customs duties, taxes, fees and charges

9 || Movement of goods under customs control intended for import

10.2 || Acceptance of copies

10.5 || Pre-shipment inspection

10.6 || Use of customs brokers

10.7 || Common border procedures and uniform documentation requirements

10.8 || Rejected goods

10.9 || Temporary admission of goods/inward and outward processing

11 except for 11.5 || Freedom of transit except for the making available of physically separate infrastructure for traffic in transit.

12 || Customs cooperation

23.2 || National Committee on Trade Facilitation

*Where a
particular paragraph of an article is specified, Tunisia's commitment is
limited to the content of that specific paragraph and does not concern the
other provisions of the article.

TURKEY

Pursuant to the Ministerial Decision of 7
December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade
Facilitation established under the General Council (hereinafter referred to as
the "Preparatory Committee") shall, inter alia, receive
Members' notifications of Category A commitments under the Agreement on Trade
Facilitation (hereinafter referred to as the "Agreement").

With reference to the above, the Government
of Turkey has the honour to notify the Preparatory Committee that it designates
all of the provisions contained in Section I of the Agreement (annexed to the
above-mentioned Ministerial Decision) under Category A for implementation in
full upon the entry into force of the Agreement, except for the following:

Article 7.9 || "Perishable Goods"

UKRAINE

Pursuant to the Ministerial Decision of 7
December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade
Facilitation established under the General Council (hereinafter referred to as the "Preparatory Committee")
shall, inter alia, receive Members' notifications of Category A
commitments under the Agreement on Trade Facilitation (hereinafter referred to
as the "Agreement").

With reference to the above, the Government
of Ukraine has the honour to notify the Preparatory Committee that Ukraine hereby designates the following provisions contained in Section I of the Agreement under
Category A, which will be implemented upon entry into force of the Agreement:

Art. 1.1 || Publication

Art. 1.2 || Information Available Through Internet

Art. 7.1 || Pre-arrival Processing

Art. 7.4 || Risk Management (except for Art. 7.4.1, Art.7.4.2, Art.7.4.3)

Art. 7.7 || Trade Facilitation Measures for Authorized Operators

Art. 7.8 || Expedited Shipments

Art. 7.9 || Perishable Goods (except for Art. 7.9.1, Art.7.9.2)

Art. 8 || Border Agency Cooperation

Art. 9 || Movement of Goods under Customs Control Intended for Import

Art. 10.8 || Rejected Goods (except for Art. 10.8.2)

Art. 10.9 || Temporary Admission of Goods/Inward and Outward Processing

Art. 11 || Freedom of Transit (except for Art.11.3, Art.11.4, Art.11.5, Art.11.6, Art.11.7, Art.11.8, Art.11.10)

URUGUAY

Pursuant to the Ministerial Decision of 7 December 2013
(WT/MIN(13)/36) and in accordance with Article 15 in Section II
of the Agreement on Trade Facilitation ("the Agreement"), the
Oriental Republic of Uruguay shall designate all the provisions in Section I
of the Agreement as Category A commitments upon its entry into force, with
the exception of Article 7.3, "Separation of Release from Final
Determination of Customs Duties, Taxes, Fees and Charges", which
shall be designated as Category B commitments.

VIET NAM

Pursuant to the Ministerial Decision of 7
December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade
Facilitation established under the General Council (hereinafter referred to as
the "Preparatory Committee") shall, inter alia, receive
Members' notifications of Category A commitments under the Agreement on Trade
Facilitation (hereinafter referred to as the "Agreement").

With reference to the above, the Government
of the Socialist Republic of Viet Nam has the honour to notify the Preparatory
Committee that Viet Nam hereby designates the following provisions contained in
Section I of the Agreement under Category A, which will be implemented upon
entry into force of the Agreement:

Art. 1.3 || Enquiry Points

Art. 1.4 || Notification

Art. 2.1 || Opportunity to Comment and Information before Entry into Force

Art. 2.2 || Consultations

Art. 4.1 || Right to Appeal or Review

Art. 6.1 || General Disciplines on Fees and Charges Imposed on or in Connection with Importation and Exportation

Art. 6.2 || Specific Disciplines on Fees and Charges Imposed on or in Connection with Importation and Exportation

Art. 7.8 || Expedited Shipments

Art. 9 || Movement of Goods under Customs Control intended for Import

Art. 10.1 || Formalities and Documentation Requirements

Art. 10.2 || Acceptance of Copies

Art. 10.6 || Use of Customs Brokers

Art. 10.7 || Common Border Procedures and Uniform Documentation Requirements

Art. 11.1-3 || Transit Charges, Regulations, and Formalities

Art. 11.4 || Transit Strengthened Non-Discrimination