ProposalsArticleVIII

The GATT Article VIII //Fees and Formalities related to the importation and exportation// is one of the three GATT Articles that constitute the basis for the WTO negotiations on trade facilitation. The objective of the negotiations is to review and, if necessary, change the existing GATT Articles to expedite the movement of goods across borders. Since 2004 WTO members have presented many proposals related to GATT Article VIII. In these proposals members advance new disciplines with regard to fees, charges and penalty provisions, discuss possibilities for a mandatory review of formalities, and present Customs-related procedures as well as agency cooperation. =Fees, Charges & Penalties= When it comes to fees and charges, members aim at strengthening principles already embedded in Article VIII. Fees should be levied only for services rendered and should be commensurate with the costs of these services. Linked to proposals made with regard to improving transparency, members also call for fees and charges to be published and not levied without this prior publication. =Review of Formalities= Members propose to draft provisions that would make mandatory a regular review process of the formalities and document requirements with the objective of minimizing these requirements. At the same time it is proposed to refer to, and use, international standards when reviewing the formalities. =Customs-Related Procedures= Article VIII has also become the main launching pad for proposals related to Customs procedures, such as risk management and pre-arrival processing. The key measures to expedite clearance and release of goods are : =Border Agency Cooperation= As Customs is not the only agency intervening in the clearance and release of goods, some proposals address border agency cooperation on the national as well as the cross-border level, and the possibility to integrate procedures and share information in a Single Window. With regards to cross-border cooperation, members propose measures such as the alignment of opening hours, sharing of infstructure and facilities, and joint controls. =Other Proposals= Other proposals aim at prohibiting some practices, such as consularization, mandatory pre-shipment ( post-shipment) inspections for clearance, and the mandatory use of customs brokers.
 * Pre-arrival Processing
 * Separation of Release from Final Determination and Payment of Customs Duties, Taxes, Fees and Charges
 * Risk Management
 * Post-clearance Audit
 * Authorized Operators
 * Establishment and Publication of Average Release Times
 * Expedited Shipments: as part of the expedited shipment proposals members propose to increase the de minimis.

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