ProposalsArticleX

The GATT Article X //Publication and Administration of Trade Regulations// is one of the three GATT Articles that constitute the basis for the WTO negotiations on trade facilitation. The objectives of the negotiations are to review and, if necessary, change the existing GATT rules to expedite the movement of goods across borders. With regards to Article X of the GATT 1994, WTO members have put forward proposals that relate to 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. = Publication and Availability of Information = With regards to publication and availability of information, members propose to clarify the coverage of the transparency provisions of GATT Article X. Whilst the current GATT Article X.1 extends to laws, regulations and rulings, members now propose a list of information that needs to be published. Technically speaking, these elements are already covered by the existing GATT Article X.1. But by providing a detailed list, Member States make it clear that this information needs to be published. This list includes elements such as: Other proposals aim at improving accessibility to the published information. Most of the above-listed information should be published on the internet. Member States should also establish national enquiry points that will provide information to third parties on the legislation and regulation in place. = Prior Publication and Consultation = Other proposals aim at strengthening good governance by making it mandatory to observe a reasonable timeframe between the publication of laws and regulations and their entry into force. Members also propose that interested parties be provided with the opportunity to comment on proposed legislation, either new or amended, and that regular consultations between government authorities and other national stakeholders are held. = Advance Rulings = The possibility to request an advance ruling from government authorities prior to importation is another proposal put forward by members in the negotiations. Advance rulings can be a means of increasing predictability and uniformity of the treatment of the goods at borders, at least when it comes to Customs. = Appeal/Review Process = Some proposals cover provisions that would strengthen the appeal provision of GATT X.3(b). Members propose to extend its coverage to Customs unions, to stipulate that having access to the appeal system should be without penalties, and that its findings are applicable across the entire territory, to set a timeframe for the review, and the possibility of seeing the reasons for a decision. = Other Proposals = Proposals also address procedures for testing and sampling, treatment of goods in case of detention of goods, and the administration of an import (rapid) alerts.
 * importation, exportation and transit procedures (including port, airport and other entry-point procedures) and required forms and documents;
 * applied rates of duties [of Customs] and taxes of [other] any kind imposed on or in connection with importation or exportation;
 * Import, export or transit restrictions or prohibitions.