Recommendation No. 35
Author/Source: UNECE through its Center for Trade Facilitation and Electronic Business (UN/CEFACT)
Year of adopting/publication: 2011 (first version)
Document reference: ECE/TRADE/401
Link to the document on the Website: Recommendation No. 35
Purpose: To provide advice and guidance in the form of a checklist of the common legal issues encountered when introducing a Single Window facility.
Summary: The recommendation was developed as a complement to the recommendation No. 33 on Single Window for International Trade. It draws on the various experiences with the development of a Single Window for Trade and discusses relevant aspects of a legal framework for national as well as regional Single Window. It recommends a gap analysis to be undertaken to establish the current legal context, determine gaps and identify appropriate measures to address these gaps. Annex I and II contain the checklist and the guidelines for the checklist provided in Annex I and II of the recommendation, that serve as a reference for the gap analysis. The recommendation furthermore urges administrations to take into account international standards, international legal instruments, and soft law instruments when amending their regulatory framework. A list of references that are useful is provided in Annex III of the recommendation. The legal framework for a Single Window is defined as a set of measures that need to be taken into account to address legal issues related to national and cross-border exchange of trade data required for Single Window operations. It encompasses the following aspects; data protection, authority to access and share data between government agencies, identification, authentication and authorization, data quality issues, liability issue, electronic documents, electronic archiving, IPR and database ownership. The legal framework also covers the legal framework of the organizational arrangements made between the various parties, owners and users, of the Single Window, dispute and arbitration resolution provisions, and competition issues.
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