IntroductionProposedRules

Every WTO member can put forward proposals for specific provisions to be considered for the new legal framework. These proposals are presented and discussed in the Negotiating Group on Trade Facilitation (NGTF) by all members with the objective of achieving consensus over the content of the proposals and the exact wording. Since 2004, many proposals have been received and discussed, and now constitute the body of the draft consolidated negotiating text. In general the proposals can be grouped into the technical pillar of proposals, and the so-called development pillar of S&DT and TACB.

Technical pillar
Under the technical pillar, members propose measures and practices that they would like to become part of a new framework of WTO rules on trade facilitation. These include proposals related to the area covered by GATT Articles X, VIII, and V, as well as cooperation between Customs and other agencies.

GATT Article X Publication and administration of trade regulations
Members have put forward proposals regarding the publication and availability of information, prior publication and consultation, advance rulings, appeal (review) procedures, and other measures to enhance impartiality, non-discrimination and transparency.

GATT Article VIII Fees and formalities related to importation and exportation
Members propose new disciplines with regards to fees, charges and penalty provisions, and propose a mandatory regular review process and the use of international standards to simplify the procedures and document requirements. Other proposals aim at prohibiting some practices, such as consularization, mandatory pre-shipment and post-shipment inspections for clearance, and the mandatory use of Customs brokers. Article VIII has also become the main launching pad for proposals related to Customs procedures, such as risk management and pre-arrival processing.

Article V Freedom of Transit
Proposals dealing with transit and the facilitation thereof focus on clarifying the definition of transit by the GATT regarding its coverage of fixed infrastructure of pipelines and electricity wires. Members furthermore propose a new framework for the use of guarantees and other forms of financial sureties, and propose limitations on en-route controls of transit traffic and more transparency on the applicable regulations and restrictions in place.

Customs cooperation
With regards to Customs cooperation, members are focusing on cross-border Customs cooperation and propose a set of rules for mutual administrative assistance.

Read next topic: Development pillar to learn more about the content of the proposals under the development pillar.