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World Trade Organization – Negotiating Group on Trade Facilitation

World Trade Organization – Negotiating Group on Trade Facilitation. Jo-Ann Moore, Manager Written Collaborative Arrangements and Agreements April 10, 2013. World Trade Organization (WTO). The WTO has 159 Member States and 25 Observer States as of March 2, 2013

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World Trade Organization – Negotiating Group on Trade Facilitation

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  1. World Trade Organization – Negotiating Group on Trade Facilitation Jo-Ann Moore, Manager Written Collaborative Arrangements and Agreements April 10, 2013

  2. World Trade Organization (WTO) • The WTO has 159 Member States and 25 Observer States as of March 2, 2013 • The Negotiation Group on Trade Facilitation (NGTF) was created on October 12, 2004 to clarify and improve various Articles of the General Agreement on Tariffs and Trade (GATT) “with a view to further expediting the movement, release and clearance of goods, including goods in transit” • The draft negotiation text is publically available on the WTO website • One of the Articles is titled “Customs Cooperation”

  3. Customs Cooperation - Article 12 • Within this Article, one of the draft measures speaks to the sharing of export declarations between the various Member States in order to combat customs fraud • This measure is not yet agreed • Consideration is being given as to whether this sharing of export declarations would be a discretionary or mandatory obligation to the Member States

  4. Draft Text – Article 12 4. The requested Member [shall] [where practicable] [may] [in accordance with its domestic law] (a) Provide information only to the extent it is available in the import or export declaration(s) [within the available resources of its respective authorities] [and, if required, at least the details, viz. Exporter; Consignor; Carrier; Importer; Consignee; [Notify party]; Delivery destination; Country(ies) of routing, to the extent known; Agent, if applicable; Tariff code number; Description of Goods; [UNDG Number (Dangerous Goods Code), if applicable]; Type of packages identification; Quantity of goods/Number of packages; Total gross weight; [Equipment identification number, if containerized and available]; [Equipment size and type identification]; [Seal number, if applicable and available]; [Total invoice amount]; and [Unique consignment reference number.]] [(b) If requested, provide documents submitted in support of a goods declaration, such as commercial invoice, packing list, certificate of origin and bill of lading, in the form in which these are filed, whether paper or electronic;] [(c) Confirm that the documents provided are true copies of the documents submitted by the importer/exporter [and accepted by the requested Member]; and] (d) [Provide the information] [and/or documents] [respond to the request] [to the extent possible within a period of 90 days] [within reasonable time] from the date of receipt of the request.]

  5. Scenario • A Canadian company exports a shipment of widgets to another WTO Member State • The customs administration of this other WTO Member State believes the importer is undervaluing the widgets at the time of importation • The customs administration of this other WTO Member State makes a formal request to the CBSA for the export declaration filed by the Canadian company when the widgets were exported

  6. Questions for Consideration • The Government of Canada is developing its position on a number of proposals and measures. • Through this sub-committee, the CBSA - on behalf of the Government of Canada - is seeking the opinion of the exporting community on the draft export declaration sharing measure. • What does the Canadian exporting community think of the sharing of export declaration in situations such as the one in the scenario? • Is there consensus as to whether this sharing of export declarations should be a discretionary or mandatory obligation of the Member State?

  7. Next Steps • BCCC Export Sub-Committee members should send comments to Jo-Ann.Moore@cbsa-asfc.gc.ca before the end of the day on April 24, 2013 • Multiple Government of Canada departments and agencies are being consulted on this matter to ensure the legislative and regulatory environment is fully understood • Once the opinions have been received, a Government of Canada position will be developed and moved forward at the next round of NGTF negotiations to be held in Geneva on May 21-24, 2013

  8. Thank you

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