April 20, 2022 ZBV3efWPpV 0 Comments

In the two years since its entry into force, 141 of the 164 countries have ratified the agreement, representing 86% of WTO members (most-favoured-nation application of the TFA). 12 of the other 22 countries are LDCs, while the other ten are developing countries. In fact, nine countries have neither ratified the TFA nor notified Category A, B and C commitments. This means that the level of development can have a direct impact, either on the complexity of legal systems or on the ability of countries to assess what they need to do, which has led to an appeal to donors and development partners to assist in legal proceedings. Notify, notify, notify: Developing countries and LDCs wishing to benefit from the special and differential treatment provisions of the TFA must comply with the notification requirements set out in the agreement. These notifications shall form part of the agreement. Developing countries cannot expect to benefit from these flexibilities if they do not respect their part of the agreement. It is estimated that full implementation of the TFA could reduce trade costs by an average of 14.3% and boost global trade by up to $1 trillion per year, with the greatest gains in the poorest countries. For the first time in the history of the WTO, the need to implement the agreement is directly linked to the country`s ability to do so.

A Trade Facilitation Agreement Mechanism (TFAF) has been established to ensure that developing and least developed countries receive the support they need to take full advantage of the TFA. Bureaucratic delays and “bureaucracy” weigh on the cross-border transport of goods for traders. Trade facilitation – the simplification, modernization and harmonization of export and import processes – has therefore become an important issue for the global trading system. Launch your National Trade Facilitation Committees by inviting traders: Public-private partnerships are the necessary cornerstones for the successful implementation of the WTO TFA. Who knows better than traders the bottlenecks in trading procedures? It is therefore important to invite them to participate in the committees. In addition, NTFC should create synergies with other national committees – such as regulatory committees on sanitary and phytosanitary law or technical barriers to trade committees – and promote regional platforms. (a) be maintained where the circumstances or objectives which led to their adoption no longer exist or where the modified circumstances or objectives can be addressed in a reasonably available and less restrictive manner; 3. Members from developing and least developed countries intending to receive trade facilitation assistance and capacity-building support shall provide the Committee with information through the contact point(s) of the office(s) responsible for coordinating and prioritizing such assistance and services. 1.1 Members agree on the importance of ensuring that distributors are aware of their compliance obligations, promoting voluntary compliance so that importers can correct themselves without penalty in reasonable circumstances, and applying compliance measures to take more stringent measures against non-compliant distributors. (14) Completion of a legal review: once a country has opted for its Category C designations, it should consider establishing a legal framework for the implementation of those measures. The first step is to conduct a thorough legal gap analysis to determine where changes or new regulations are needed.

This is the basis of any legal trade facilitation. Recognizing the need for effective cooperation among Members on trade facilitation and customs compliance issues; 4.2 Each Member shall design and apply risk management in such a way as to avoid arbitrary or unjustifiable discrimination or disguised restriction on international trade. 2. Each Member shall cooperate, to the extent possible and to the extent possible, amicably with other Members with which it shares a common border in order to coordinate procedures at border crossing points and to facilitate cross-border trade. Such cooperation and coordination may include: 3.1 Each Member shall establish, within its available resources, one or more enquiry points to respond to reasonable requests from governments, traders and other interested parties on matters referred to in paragraph 1.1 and shall provide the necessary forms and documents referred to in paragraph 1.1(a). 7.3 The trade facilitation measures provided for in paragraph 7.1 include at least three of the following:(7) Ratify – the sooner the better: developing countries that ratify the agreement in the coming months (hopefully not years) have already missed some critical deadlines that will prevent them from making maximum use of the special and differentiated provisions of the TFA. Each Member shall establish a National Trade Facilitation Committee and/or designate an existing mechanism to facilitate both national coordination and the implementation of the provisions of this Agreement. 1.5 The Committee shall be in close contact with other international trade facilitation organizations, such as the WCO, with a view to ensuring the best available advice for the implementation and management of this Agreement and avoiding unnecessary duplication. To this end, the Committee may invite representatives of such organizations or their subsidiary bodies, 12.2 Nothing in this Article shall be construed as affecting or affecting the rights or obligations of a Member under such bilateral, plurilateral or regional agreements or as regulating the exchange of customs information and data under such other agreements. (c) the Member terminates or suspends the notification or guidelines without delay if the circumstances that led to it no longer exist or if the modified circumstances can be treated less restrictively; and each Member shall, where appropriate, ensure regular consultations between its border authorities and professionals or other stakeholders established in its territory.

The TFA aims to speed up trade procedures, including the transport, release and clearance of goods. Its full implementation could boost global trade by $1 trillion a year and reduce trade costs by 14.3 per cent for low-income countries and more than 13 per cent for middle-income countries. It should be noted that the Lao People`s Democratic Republic and Malawi are the only LDCs to have reported on the functioning of their single window systems (where traders submit regulatory documents in one place). In addition, in the special and differential treatment provisions, the TFA grants developing and least developed countries a grace period during which both groups of countries are excluded from the application of the Dispute Settlement Agreement (Article 20). Given the level of development, the agreement provides for shorter periods for developing countries and longer periods, as well as a wider scope for least developed countries. (iii) Members should also promote internal coordination among their trade and development officials, both in capitals and in Geneva, in the implementation of this Agreement and technical assistance. 4.1 Members shall endeavour to establish or maintain a single window for traders to submit to participating authorities or bodies documents and/or data requirements for the import, export or transit of goods through a single point of entry. After examination of the documents and/or data by the participating authorities or bodies, the results shall be communicated to applicants in a timely manner through the Single Window. 1.1 Each Member shall, to the extent possible and in a manner consistent with its national laws and legal systems, provide traders and other interested parties with an opportunity and a reasonable period of time to comment on the proposed introduction or amendment of laws and regulations of general application relating to the transport, release and handling of goods. including goods in transit.. .