Analytical Note SC/TDP/AN/TF/2 June 2013 Original: English

HOW FAR DOES THE TRADE FACILITATION NEGOTIATION TEXT (REV.16) GO BEYOND THE WCO REVISED KYOTO CONVENTION (RKC)?
SYNOPSIS This Note assesses the extent to which the Trade Facilitation negotiation text (Rev.16) goes beyond the WCO Revised Kyoto Convention (RKC). The backdrop to this Note is the erroneous view that the TF Agreement only differs slightly from the WCO RKC. This assessment finds that  The RKC has a much more limited Membership than the WTO. Seventy-odd WTO Members are not Contracting Party to the RKC. In Africa, only 6 have accepted all the provisions of the Convention.  Around half of the articles of the TF negotiation text introduce a new legally binding obligation where no related provisions exist in the RKC. Examples are Interval between Publication and Entry into Force, Opportunity to Comment on New and Amended Rules, Advance Rulings, Disciplines on Fees and Charges Imposed on or in Connection with Importation and Exportation, Post-clearance Audit, Establishment and Publication of Average Release Times, Prohibition of Consular Transaction Requirement and Preshipment Inspections.  For another half of the TF provisions there are indeed related provisions in the RKC but the TF Agreement introduces a stronger, broader and/or a more legally binding commitment.

June 2013 Geneva, Switzerland

This Analytical Note is produced by the Trade for Development Programme (TDP) of the South Centre to contribute to empower the countries of the South with knowledge and tools that would allow them to engage as equals with the North on trade relations and negotiations. Readers are encouraged to quote or reproduce the contents of this Analytical Note for their own use, but are requested to grant due acknowledgement to the South Centre and to send a copy of the publication in which such quote or