Cómo preparar las notificaciones del Acuerdo de Facilitación del Comercio
Aquí encontrará información que le ayudará a preparar las notificaciones exigidas por el Acuerdo sobre Facilitación del Comercio (AFC) que deben presentarse al Comité de Facilitación del Comercio de la OMC (el Comité).
Bajo cada tipo de notificación, que se enumera a continuación, encontrará enlaces a plantillas de notificación y orientaciones sobre cómo prepararlas. También encontrará extractos de las notificaciones de los Miembros, que han sido seleccionados al azar, para darle una idea de cómo algunos Miembros han proporcionado la información necesaria.
Observará algunas variaciones en las notificaciones de los Miembros. A excepción del artículo 22.1, el AFC no establece requisitos sobre cómo notificar la información.
La Secretaría de la OMC ha creado plantillas basadas en las presentaciones de los Miembros con el fin de proporcionar orientación y coherencia. Usted puede adaptarlas a sus necesidades.
En caso de que quiera más ejemplos, debajo de cada tipo de notificación encontrará un enlace que lleva a una lista de Miembros que ya han notificado. A continuación, podrá encontrar la notificación de cada Miembro en TFAdatabase.org/WTO Members.
No dude en presentar un borrador de su notificación o en ponerse en contacto con la Secretaría de la OMC para recibir orientación. Consulte las referencias y los puntos de contacto en el recuadro siguiente.
Submit notifications, drafts, or queries to the WTO Secretariat at: wtotradefacilitation@gmail.com
Queries for the WTO Trade Facilitation Agreement Facility can be sent here: TFAF@WTO.org
General information on the notification requirements can be found here.
A notifications dashboard to explore all notification data can be found here.
To see your country's current notification status, or see how other Members have notified you can find all notifications here.
Statistics on notifications can be found here.
A list of TF Enquiry Points can be found here.
A WTO brochure outlining the transparency notifications and deadlines can be found here: [download brochure]
A brochure outlining the ABC notifications and deadlines can be found here: [download brochure]
ABC Notification Template with TACB Examples for Each Provision: [download document]
Examples of Technical Assistance and Capacity Building Needs from Member Notifications: [download document]
The TFA Notification Requirements
Articles 1.4, 10.4, 10.6, and 12
Introduction
The transparency notifications are set out in Articles 1.4, 10.4.3, 10.6.2, and 12.2 of the TFA. Each of these provisions requires WTO Members to notify either information on implementation of the provision or specified contact points.
Who must notify: All WTO Members
Due: Each transparency notification is due according to the implementation timeline of each Member. For developing and LDC Members if any of the relevant provisions are notified in category A, the transparency notification is due as soon as the TFA enters into force for that Member. If any of the relevant provisions are notified in category B or C, then they are due in accordance with the date established by the Member.
How to notify: Each provision can be notified separately, all together, or in any combination (for example if you are already implementing articles 1.4 and 12.2 you can notify them together now and notify 10.4 and 10.6 once they are implemented- either separately or together depending on the timing).
A TEMPLATE for the notification of the transparency provisions can be found here: [Click to download]
This one template includes a model for all the transparency notifications. You can just complete the notification sections that you need and delete the rest.
Lists of Members that have already provided their transparency notifications can be found here:
- Article 1.4: https://tfadatabase.org/notifications/transparency/1-4?designation=all
- Article 10.4.3: https://tfadatabase.org/notifications/transparency/10-4-3?designation=all
- Article 10.6.2: https://tfadatabase.org/notifications/transparency/10-6-2?designation=all
- Article 12.2: https://tfadatabase.org/notifications/transparency/12-2?designation=all
Find Members' notifications here (click on Member and find notifications at the bottom of their webpage):
https://tfadatabase.org/members
A United States Communication on Developing the Article 1.4 Notification can be found here:
https://tfadatabase.org/uploads/document/W13.pdf
All notified Article 1.1 information can be found here listed by Member:
https://tfadatabase.org/information-for-traders/import-export-and-transi...
Article 1.4 (a) Publication
(a) Each Member shall notify the Committee of the official place(s) where the items in Article 1.1 subparagraphs (a) to (j) have been published;
Article 1.1 subparagraphs (a) to (j) specify the type of information that must be published.
Article 1.1
(a) procedures for importation, exportation, and transit (including port, airport, and other entry-point procedures), and required forms and documents;
(b) applied rates of duties and taxes of any kind imposed on or in connection with importation or exportation;
(c) fees and charges imposed by or for governmental agencies on or in connection with importation, exportation or transit;
(d) rules for the classification or valuation of products for customs purposes;
(e) laws, regulations, and administrative rulings of general application relating to rules of origin;
(f) import, export or transit restrictions or prohibitions;
(g) penalty provisions for breaches of import, export, or transit formalities;
(h) procedures for appeal or review;
(i) agreements or parts thereof with any country or countries relating to importation, exportation, or transit; and
(j) procedures relating to the administration of tariff quotas.
How to notify subparagraphs (a) - (j): Using the notification template for Article 1.4 (a) complete a chart for each subparagraph a-j.
Be sure to put a direct link to where each type of information can be found.
Do not just put a link to a general government website.
You can use this chart from the template for each subparagraph.
(a) procedures for importation, exportation, and transit (including port, airport, and other entry-point procedures), and required forms and documents;
| [Ministry/Agency] | [Weblink] | [Description] |
|---|---|---|
(b) applied rates of duties and taxes of any kind imposed on or in connection with importation or exportation;
| [Ministry/Agency] | [Weblink] | [Description] |
|---|---|---|
(c) Continue on completing the charts for (c) – (j) - as provided in the template.
Article 1.4 (b) - Internet Publication
(b) Each Member shall notify to the Committee the Uniform Resource Locators of website(s) referred to in paragraph 2.1.
Paragraph 2.1 requires each Member to publish on the internet a description of the procedures and practical steps required for import, export, transit, appeal or review; as well as internet publication of the required forms and documents.
Paragraph 2.1
Each Member shall make available, and update to the extent possible and as appropriate, the following through the internet:
(a) a description of its procedures for importation, exportation, and transit, including procedures for appeal or review, that informs governments, traders, and other interested parties of the practical steps needed for importation, exportation, and transit;
(b) the forms and documents required for importation into, exportation from, or transit through the territory of that Member;
[(c) contact information on its enquiry point(s). Notified under Article 1.4(c)]
In the notification TEMPLATE for Article 1.4 (b) provide the weblinks where this information can be found.
(b) The Uniform Resource Locators of website(s) referred to in paragraph 2.1
| Title | Weblink |
|---|---|
Article 1.4 (c) - Enquiry Points
(c) Each Member shall notify to the Committee the contact information of the enquiry points referred to in paragraph 3.1.
Article 3.1
Each Member shall, within its available resources, establish or maintain one or more enquiry
points to answer reasonable enquiries of governments, traders, and other interested parties on
matters covered by paragraph 1.1 and to provide the required forms and documents referred to
in subparagraph 1.1(a).
The contact information can be provided using a box such as the one below as provided in the template, or you can notify a weblink where the information can be found.
TEMPLATE Chart:
| [Ministry/Agency] | Name: Tel.: E-mail: Website: |
[Description] |
|---|
Article 10.4 - Single Window
Article 10.4.3 Members shall notify the Committee of the details of operation of the single window.
Provide information about the operation of your single window or provide a link to where this information can be found.
Article 10.6 - Use of Customs Brokers
Article 10.6.2 Each Member shall notify the Committee and publish its measures on the use of customs brokers. Any subsequent modifications thereof shall be notified and published promptly.
You should provide a statement in the text of your notification to make it clear if the use of brokers is a mandatory requirement in your country or if the use of customs brokers is not mandatory. You should also provide information on the legal requirements for brokers or a link to this information.
Full notification can be found here: https://tfadatabase.org/uploads/notification/GTFANPHL2.pdf
Full notification can be found here: - https://tfadatabase.org/uploads/notification/NCRI2_1.pdf
Article 12 - Customs Cooperation
Article 12.2.2 Each Member shall notify the Committee of the details of its contact point for the exchange of customs information.
Provide the contact information or a link to the information.
Articles 14-16 - ABC Related Notifications
How to notify
These articles set out a number of notification requirements and deadlines for developing and LDC Members that require additional time and assistance to implement the Trade Facilitation Agreement provisions in Section I of the TFA (Articles 1-12). The deadlines for these notifications for developing Members have already passed. LDCs have additional time for their notifications. (See chart of deadlines below.)
Who must notify: developing and LDC Members that require additional time and assistance to implement the trade facilitation provisions in Section I of the TFA (Articles 1-12).
How to notify:
Each Member must categorize each provision (article or sub-article) of the TFA into one of 3 categories.
- Category A – the provisions it was already implementing when the TFA entered into force (or upon notification, if after);
- Category B – the provisions for which it needs more time;
- Category C- the provisions for which it needs additional time and assistance and capacity building support.
Plus:
Dates of implementation for provisions notified in categories B and C.
Technical assistance and support for capacity building (TACB) needs for Category C provisions
For examples of TACB for each TFA provision see these documents:
ABC Notification with TACB Examples for Each Provision: [link]
Examples of Technical Assistance and Capacity Building Needs from Member Notifications: [link]
A TEMPLATE for the A, B, C notifications, including columns for implementation dates and TACB requirements can be found here: [Click to download]
Complete the template chart for each provision of the Agreement as appropriate depending on how you categorize it (category A, B, or C).
| Provision | Heading/ Description |
Category | Indicative date for implementation (for categories B and C) |
Definitive date for implementation (for categories B and C) |
Assistance and Support for Capacity Building Required for Implementation (for category C) |
| Article 1 Publication and Availability of Information | |||||
| Article 1.1 | Publication | Notify the category A or B or C |
If in Category B or C Date you will implement this provision Put full date including day, month, year If you are notifying the definitive date at the same time, just put the same date in both columns. Notification Due: Developing countries 22 Feb 2017 |
If in Category B or C Date you will implement this provision Put full date including day, month, year Notification Due: |
If in Category C Provide information on type of assistance needed to implement. Can be bullet point list but provide as many details as possible.
Notification Due: |
Deadlines for Developing Members
February 22 2017 (Date the TFA entered into force)
A, B, C category notifications
Indicative dates for provisions notified in categories B and C
Technical assistance and support for capacity building (TACB) requirements for provisions notified in Category C
February 22 2018
Definitive implementation dates for provisions notified in category B
TACB arrangements with donors for provisions notified in category C (see below)
August 22, 2019
Definitive dates for provisions notified in category C
Progress on TACB for provisions notified in category C
Deadlines for Least Developed Members
February 22 2018 (Date the TFA entered into force)
A, B, C category notifications
May provide indicative dates for provisions notified in category B
February 22 2019
TACB requirements for provisions notified in Category C
February 22 2020
Definitive implementation dates for provisions notified in category B
February 22 2021
Indicative dates for provisions notified in category C
TACB arrangements with donors for provisions notified in category C (see below)
August 22, 2022
Definitive dates for provisions notified in category C
Progress on TACB for provisions notified in category C (see below)
List of Members that have already provided ABC-related notifications:
All ABC designations: https://tfadatabase.org/notifications/abc-designations?type=all
- Category B indicative and definitive dates:
https://tfadatabase.org/notifications/implementation-dates/list/b?type=i... - Category C indicative and definitive dates:
https://tfadatabase.org/notifications/implementation-dates/list/c?type=i... - Category C assistance and support for capacity building needs:
https://tfadatabase.org/notifications/ta-designations?type=yes
Find Members' notifications here (click on Member and find notifications at the bottom of their webpage):
https://tfadatabase.org/members
Extracts
Article 16 - Implementation Support Arrangements and Progress Reports
Implementation Support Arrangements
(Article 16.1(d) for developing countries, Article 16.2(e) for LDCs)
Article 16 requires developing and least developed Members to notify arrangements with donors for assistance and support for capacity building for the implementation of the provisions notified in Category C.
Who must notify: developing and LDC Members that have notified provisions in category C.
Due: Arrangements: Developing Members – due February 22, 2018. LDC Members due February 22, 2021
Progress Reports
(Article 16.1(e) - developing countries, Article 16.2(f) – LDCs)
Article 16 also requires donor Members, developing and LDC Members to notify progress on the provision of assistance and support for capacity building.
Who must notify: donor Members, developing and LDC Members that have notified provisions in category C.
Due: Progress reports: Developing Members – due August 22, 2019. LDC Members due August 22, 2022
How to notify
A TEMPLATE for both the notification of implementation support (TACB) arrangements and progress reports can be found here: [Click to download]
Complete a chart in the template, like the one below, for EACH provision notified in category C.
| Provision | Heading/Description | Category | Indicative date for implementation | Definitive date for implementation |
| Article XX | XXXXXX | C | [DATE] | [DATE] |
| Donors: Insert Donor name(s). Or If you are lacking donor support for the provision insert here "To be determined". | ||||
| Progress in the provision of technical assistance and capacity building support: Insert a progress report on the implementation of the provision. OR If you are lacking donor support for the provision insert "Donor(s) has not yet been identified."- or something to this effect. You can also add information such as any donor(s) that you have approached to request assistance. And/or you can provide the TACB needs for the provision from your ABC notification. |
Extracts
... showing donor arrangements and progress.
Full notification can be found here: https://tfadatabase.org/uploads/notification/NMDV4.pdf
... showing donor arrangements and progress as well as areas where additional support is needed.
Full notification can be found here: https://tfadatabase.org/uploads/notification/NUKR4.pdf
One chart showing donor arrangements and progress and a chart indicating that donor assistance is still to be determined.
Full notification can be found here: https://tfadatabase.org/uploads/notification/NBGD2R1.pdf
Article 17 - Extension of Category B and C Implementation Dates
Introduction
A developing or least-developed Member that cannot implement a provision(s) notified in category B or C by its notified definitive date can request an extension of time.
Who must notify: Any developing or least-developed Member that cannot implement a provision notified in category B or C by its notified definitive date.
Due: Developing countries- no later than 120 days before the expiration of the implementation date.
Least-developed countries - no later than 90 days before such date.
How to notify
How to notify: Indicate the new date by which you expect to implement the provision concerned. You must also indicate the reasons for the expected delay in implementation.
The reasons may include the need for assistance and support for capacity building not earlier anticipated or additional assistance and support to help build capacity.
Note that if the new implementation date does not exceed 18 months for a developing country, or 3 years for an LDC, and it is a first request, then the extension will be accepted without action by the Committee.
A TEMPLATE for extension of time and shifting categories (Article 19) can be found here: [Click to download]
(It is a combined template. You can just use the extension of time section and delete the rest if you are not also shifting categories.)
Complete the chart in the template as follows:
| Provision | Heading/Description | Previously notified definitive date for implementation | New definitive date for implementation requested | Reasons for extension |
Members that have notified
List of Members that have already notified a time extension:
https://tfadatabase.org/notifications/shift-and-extensions?type=extension_c
Find Members' notifications here (click on Member and find notifications at the bottom of their webpage):
https://tfadatabase.org/members
Extracts
Article 19 - Shifting Between Categories B and C
Introduction
A developing or least-developed Member can shift a provision from category B to category C or from category C to category B by notifying the Committee.
Who must notify: A developing or least-developed Member that needs to shift a provision(s) from category B to C or C to B.
Due: No date specified in the TFA
List of Members that have already notified category shifts:
https://tfadatabase.org/notifications/shift-and-extensions?type=shift_cb
Find Members' notifications here (click on Member and find notifications at the bottom of their webpage):
https://tfadatabase.org/members
How to Notify
If shifting a provision(s) from category C to category B then only the provision(s) and the shift(s) need to be notified. The following Chart 1 can be used.
Chart 1: Shifting Provisions
| Provision | Heading/Description | Category previously notified as | Category shifted to |
| C | B | ||
| B | C |
If shifting a provision(s) from category C to category B then only the provision(s) and the shift(s) need to be notified. The following Chart 1 can be used.
Chart 1: Shifting Provisions
| Provision | Heading/Description | Category previously notified as | Category shifted to |
| C | B | ||
| B | C |
If notifying shifts from C to B AND B to C in the same notification, you can provide all shifts in Chart 1 and the required additional information for provisions shifting from B to C can be provided using Chart 2. (See an example in the Kyrgyz Republic extracts of these 2 charts below.)
A TEMPLATE that provides both charts 1 and 2, above, and a chart just for the extension of time (Article 17) can be found here: [Click to download]
You can use any of the charts that suit your particular situation.
Extracts
Full notification can be found here: https://tfadatabase.org/uploads/notification/NKGZ2A1_1.pdf
The Kyrgyz Republic provided all shifts in one chart. A second chart for a provision shifted from B to C was completed to notify the additional time needed (new implementation dates) and TACB needs.
Extract 1- Chart of shifting categories
Extract 2 - Chart with new definitive date and TACB needs for provision shifted from category B to C
| Provision | Heading/Description | Previous category designation | New category designation | Previously notified definitive date for implementation | New definitive date for implementation requested | Technical Assistance and Capacity Building Assistance (TACB) that will be required |
| Article 12.11 | Unauthorized Use or Disclosure | B | C | 31 December 2020 | 31 December 2022 |
|
Article 22
Article 22. 1 – Donor Member Annual Report on TF TACB Disbursement for Previous Year
Each donor Member assisting developing and LDC Members with the implementation of this Agreement shall notify annually, the following information on its assistance and support for capacity building that was disbursed in the preceding 12 months and, where available, that is committed in the next 12 months:
(a) a description of the assistance and support for capacity building;
(b) the status and amount committed/disbursed;
(c) procedures for disbursement of the assistance and support;
(d) the beneficiary Member or, where necessary, the region; and
(e) the implementing agency in the Member providing assistance and support.
Who must notify: WTO Donor Members
Developing country Members in a position to provide TACB, and partner organizations are encouraged to provide this information.
Due: Annually
The TEMPLATE for this information is found in Annex 1 of the TFA.
OECD Members can base their notification on relevant information from the OECD Creditor Reporting System
TFA Annex 1: Format for notification under paragraph 1 of Article 22
Donor Member:
Period covered by the notification:
| Description of the technical and financial assistance and capacity building resources | Status and amount committed/disbursed | Beneficiary country/ Region (where necessary) | The implementing agency in the Member providing assistance | Procedures for disbursement of the assistance |
List of Members that have already notified Article 22.1 and 22.2:
https://tfadatabase.org/notifications/assistance/22-1-22-2
Find Members' notifications here (click on Member and find notifications at the bottom of their webpage): https://tfadatabase.org/members
Article 22.2 – Donor Member Agency Contact Points and TACB Process and Mechanisms
Donor Members assisting developing country Members and least-developed country Members shall submit to the Committee:
(a) contact points of their agencies responsible for providing assistance and support for capacity building
related to the implementation of Section I of this Agreement including, where practicable, information on such contact points
within the country or region where the assistance and support is to be provided; and
(b) information on the process and mechanisms for requesting assistance and support for capacity building.
Who must notify: WTO Donor Members
Developing country Members in a position to provide TACB, and partner organizations are encouraged to provide this information.
Due: No date specified in the TFA
Early notification would be very useful to assist Members that notified provisions in category C.
No specific TEMPLATE. Information can be provided in text form as in the examples below.
List of Members that have already notified Article 22.1 and 22.2:
https://tfadatabase.org/notifications/assistance/22-1-22-2
Find Members' notifications here (click on Member and find notifications at the bottom of their webpage):
https://tfadatabase.org/members
Article 22.3 – Developing/LDC Member Contact points for Donor Coordinator(s)
Developing and LDC Members requiring assistance and support for capacity building to implement TFA provisions must notify information on contact point(s) of the office(s) responsible for coordinating and prioritizing such assistance and support.
Who must notify: Developing and least-developed countries that require assistance and support for capacity building (category C provisions).
Due: No date specified in the TFA.
Early notification would be very useful if seeking donors to assist with implementation.
How to notify: You can provide the contact information in text form or use the chart provided in the template.
Note that, although not required by the TFA, some Members have also notified contact points for the chair of the national trade facilitation committee, the Geneva-based delegate responsible for TF, and the national transit coordinator (the information that you can find on the Contact Points page of this website).
A TEMPLATE for the Article 22.3 notification can be found here: [Click to download]
| Name | |
| Title | |
| Contact type | |
| Agency/Ministry/Other | |
| Address | |
| Telephone | |
| Fax | |
| Website |
List of Members that have already notified Article 22.3:
https://tfadatabase.org/notifications/assistance/22-3
Find Members' notifications here (click on Member name and find notifications at the bottom of their webpage):
https://tfadatabase.org/members
How to modify a notification
Because website links and contact points can change you might need to update your notifications.
If you need to modify a notification the best way is to make changes to your existing notification.
First delete the information that is no longer correct and then update or add any additional information.