Trade Facilitation Agreement Provisions

Category A: provisions that WTO developing countries should have implemented by 22 February 2017, the date of entry into force (LDCs had to implement them by 22 February 2018). The agreement will also help to eliminate the critical practical obstacles to international trade. The most prosperous countries of the agreement have pledged to reform the technical and financial processes of developing countries in order to improve efficiency. This, in turn, should reduce corruption, such as bribery in these national regions. New technologies and more efficient procedures, which reduce the “bureaucracy” associated with international trade, aim to limit corruption by limiting its necessity. [6] According to this review, developing and least-developed countries wishing to take full advantage of the benefits of the Agreement could take into consideration the following recommendations: the TFA contains twelve articles on trade facilitation and customs cooperation in Section I, ten articles on special and differential treatment of developing and least developed countries in Section II, and two articles on institutional arrangements nd final provisions of section III. The TFA deals almost exclusively with tariff-related matters. Includes specific provisions that allow developing and least developed countries (LDCs) to determine when they will apply specific provisions of the agreement and to categorize provisions that they can only apply after receiving technical assistance and capacity building assistance. Both developing and least-developed members of the WTO may define the category of each of the technical measures in the Agreement as follows: Category B: provisions that a development or LDC Member should have defined to be implemented after a transitional period from 22 February 2017. Section II contains special and differential treatment (SDT) provisions that allow development and LDC members to determine when they will apply the various provisions of the agreement and to identify provisions that they can only implement after receiving technical assistance and capacity-building assistance. In the case of provisions called categories B and C, the member must indicate the dates of implementation of the provisions.

Contains provisions to expedite the transport, provision and handling of goods, including goods in transit. It clarifies and improves the relevant Articles (V, VIII and X) of the General Agreement on Tariffs and Trade (GATT) 1994. It also contains provisions on customs cooperation. Section I is the most important part of the agreement, which includes TF measures, some of which are usually referred to as “Best Endeavour”. These include phrases such as: “Members.” “to the extent possible”, “to the extent possible”, “encouraged” to do so”, “where appropriate”, “shall make efforts”, etc. Although all measures in the agreement are binding on all members (Article 24.2), the “best effort” provisions provide a degree of flexibility in implementation. Take stock of the legal situation: once a country has chosen its Category C names, it should consider creating a legal framework for the implementation of these measures. The first step is to conduct a thorough analysis of the legal vacuum to determine where changes or new rules are needed. This is the basis of any legal trade facilitation. The WTO understood that the provisions and mandates indicated that the trade facilitation agreement would be more difficult for developing and least developed countries to implement. That is why the Trade Facilitation Mechanism was developed to provide assistance and support to these countries.

[6] The Trade Facilitation Agreement is expected to have a significant positive impact on these countries, with total trade costs to be reduced by 14.5% after the entry into force of the Agreement. . . .