Step 3. Explore the technical rules of Articles 1-12 and 23.2. More information on the rule and the technical understanding can be accessed through the links under each Article.
Substantive Obligations of the Agreement
Section I comprises of 12 articles, which are further subdivided into approximately 36 separate technical measures. These technical measures are new rules, processes, and procedures that WTO member governments are required to implement.
Article 1 PUBLICATION AND AVAILABILITY OF INFORMATION
| 1 Publication Members have to promptly publish a set of trade-related information in a non-discriminatory and easily accessible manner. |
| 2 Information available through internet Members have to make available on the internet practical steps for export/import/transit and appeal procedures, forms and contact details of enquiry points. |
| 3 Enquiry Points Members are requested to establish enquiry point(s) for providing answers to trade-related queries and documents within a reasonable time. |
| 4 Notification Members have to notify the WTO Committee on Trade Facilitation about the official location and contact information related to previous measures pertaining to (1) publication, (2) information through Internet and (3) enquiry points. |
Article 2 PRIOR PUBLICATION AND CONSULTATION
| 1 Opportunity to comment on new and amended rules Members must make publicly available legal acts (new or amended) prior to entry into force, allow comments prior to the adoption of the legal act, and provide a reasonable interval between publication and entry into force. |
| 2 Consultations Border agencies shall, as appropriate, hold regular consultations with traders or other stakeholders. |
Article 3 ADVANCE RULING
| Issuance of legally binding advance ruling in tariff classification and the origin of the goods. Each Member shall provide binding written decisions about admissible customs disciplines to the applicant traders before the importation of goods. |
Article 4 APPEAL OR REVIEW PROCEDURES
| Access to administrative and/or judicial review of a Customs decision, or failure to take a decision. Members must provide any person within its territory the right to administrative Review (appeal) and/or to judicial appeal of decisions made by the customs authority. |
Article 5 OTHER MEASURES TO ENHANCE IMPARTIALITY, NON DISCRIMINATION AND TRANSPARENCY
| 1 Notifications for enhanced controls or inspections Members have to respect the principles of transparency, scientific evidence and risk based inspection, in their design of a system of notification for enhanced inspection in respect of foods, beverages or feedstuff. |
| 2 Detention WTO Members must promptly inform the importer or the carrier that detention of imported goods for inspection is taking place. |
| 3 Test Procedure Members have to provide, upon request, an opportunity for a confirmatory test. |
Article 6 DISCIPLINES ON FEES AND CHARGES IMPOSED ON OR IN CONNECTION WITH IMPORTATION AND EXPORTATION
| 1 General Disciplines on Fees and Charges Imposed on or in Connection with Importation and Exportation. Members are required to publish fees and charges related to importation and exportation in a transparent and predictable manner, and to periodically review them according to the cost-recovery principle. |
| 2 Specific Disciplines on Fees and Charges Imposed on or in Connection with Importation and Exportation The amount of fees and charges for customs processing must be limited to the costs of services rendered. |
| 3 Penalty disciplines Penalties imposed for legal or administrative breaches must be fairly grounded on objective facts and must be commensurate with the severity of the infringement. Information on imposed penalties must be provided to the person responsible of the breach. |
Article 7 RELEASE AND CLEARANCE OF GOODS
| 1 Pre-arrival processing Members shall allow pre-arrival submissions of documentation and information to enable faster processing and release of goods. |
| 2 Electronic payment Members shall provide the option of electronic payment for duties, taxes, fees, and charges related to importation and exportation collected by customs. |
| 3 Separation of release from final determination and payment of customs duties, taxes, fees and charges Members must provide traders with an opportunity for the release of goods prior to final determination of the Customs debt if a surety is deposited. |
| 4 Risk Management Members are mandated to establish or maintain a risk management system that enables customs control to concentrate on high-risk consignments and expedites the release of low-risk consignments. |
| 5 Post clearance audit Members shall establish post clearance (entry) controls using audit methods on selected consignments and persons. |
| 6 Establishment and publication of average release times Members are encouraged to measure in a consistent manner and publish periodically the average release time of goods. |
| 7 Trade Facilitation Measures for Authorized Operators Operators who meet specified criteria to qualify as authorized operators are entitled to additional trade facilitation measures. |
| 8 Expedited shipments Members must set up special procedures to expedite the release of goods entered through air cargo facilities for those persons who apply for such treatment. |
| 9 Perishable Goods Priority treatment for perishable goods to prevent their deterioration at the border including inland conveyance and storage in approved warehouse. |
Article 8 BORDER AGENCY COOPERATION
| Cooperation and coordination of the activities and procedures of national border agencies. Cooperation with neighboring countries with a view to align operating hours, sharing of facilities, joint controls and common unique facilities Members shall enhance cooperation among domestic agencies and between bordering countries’ control agencies to facilitate trade. |
Article 9 MOVEMENT OF GOODS UNDER CUSTOMS CONTROL INTENDED FOR IMPORT
| Members should allow for inland clearance. Members must provide the possibility to transport imported goods from the point of entry to an inland customs office, where the goods will be cleared. |
Article 10 FORMALITIES CONNECTED WITH IMPORTATION AND EXPORTATION
| 1 Formalities and Documentation Requirements Members shall periodically review formalities and documentation requirements to minimize their incidence, complexity, time, and cost. |
| 2 Acceptance of copies Traders must be allowed to submit, where appropriate, paper or electronic copies of supporting documents needed to import, export and transport goods. |
| 3 Use of international standards National export, import or transit formalities, procedures and data/documentation requirements may be based on international standards. |
| 4 Single Window Members are encouraged to establish or maintain a Single Window (SW) to allow traders to submit documents and data requirements through a single entry point just once. |
| 5 Pre-shipment Inspection Members must quit the mandatory use of pre-shipment inspections for tariff classification and customs valuation. |
| 6 Use of Customs Brokers Members are requested not to adopt new measures to make the use of customs brokers mandatory. They can maintain the mandatory use of customs brokers if the measure was in place prior to entry into force of the agreement but have to publish the measures and use non-discriminatory and objective licensing criteria. |
| 7 Common Border Procedures and Uniform Document Requirements Members are requested to apply the same procedures and documents for the release and clearance of goods at border points throughout their territory. |
| 8 Rejected goods Members must allow the importer to re-consign or return to the exporter the goods rejected on grounds of failure to comply with technical and SPS standards. |
| 9 Temporary admission of goods/ inward and outward processing Members must adopt procedures for inward and outward processing, and a suspensive regime for temporary admission of goods. |
Members must not condition the traffic in transit upon the collection of fees or charges, and must not maintain voluntary restrictions on transit
| 1-4 General disciplines No unnecessary restriction of transit, voluntary restraints in transit, strengthened non-discrimination, and disciplines on charges for administrative procedures or transit services provided, |
| 5-10 Customs transit procedure Simplification of transit procedures and document requirements and provision of separate physical infrastructure for traffic in transit, and no conformity assessments procedures on goods in transit. |
| 11-15 Guarantees Disciplines regarding the use guarantees and or escorts in addition or in lieu of a guarantee. |
| 16-17 Cross-border Cooperation Appointment of a national transit coordinator and cooperation with other countries in transit matters |
Members shall improve cooperation among customs services of Members to foster compliance by businesses and enable freer trade.
| 1 Compliance and cooperation |
| 2 Exchange of information and documents |
| 4 Request |
| 5 Protection and confidentiality |
| 6 Provision of information |
| 7 Postponement or refusal of a request |
| 8 Reciprocity |
| 9 Administrative burden |
| 10 Limitations |
| 11 Unauthorized disclosure |
| 12 Bilateral and regional agreements |
Article 23 INSTITUTIONAL ARRANGEMENTS
| 2 National Committee on Trade Facilitation Members must establish or maintain a National Trade Facilitation Committee to facilitate domestic coordination and implementation of the TFA. |
