05/03/2017
WT/L/931
15 July 2014
(14-4101) Page: 1/30 Preparatory Committee on Trade Facilitation
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;
This document has previously been issued under the symbol WT/PCTF/W/27.
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(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 description1 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
available in one of the official languages of the WTO.
Whenever practicable, the description referred to in subparagraph 2.1(a) shall also be made
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
1 Each Member has the discretion to state on its website the legal limitations of this description.
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:
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(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.
