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Outline
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TRADE FACILITATION IN THE CARIFORUM-EU EPA
  • AITIC/ICDF  SEMINAR ON TRADE -RELATED ASSISTANCE IN THE CARIBBEAN REGION
  • St. Lucia
  • June 15-17 2009
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OUTLINE OF PRESENTATION
  • EPA: STATE OF PLAY
  • BRIEF OVERVIEW OF TF POLICY CONTEXT IN CARIFORUM
  • SCOPE OF EPA OBLIGATIONS ON CUSTOMS AND TRADE FACILITATION
  • DEVELOPMENT SUPPORT FOR EPA TF IMPLEMENTATION
  • OPERATIONALISING TA&CB FOR TRADE FACILITATION IN CARIFORUM – THE RPTF PROCESS
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EPA STATE OF PLAY
    • Initialled on 16th December 2007
    • EPA signed on 15th October 2008 (except Haiti)
    • Notified to the WTO on October 16, 2008
    • Provisional application effective 29 December 2008, pending ratification and entry into force
    • EPA implementation underway at national and regional levels
    • Regional EPA Implementation Unit established in the CARICOM Secretariat


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TRADE FACILITATION POLICY CONTEXT
  • NO CARIFORUM COUNTRY IS SIGNATORY TO THE REVISED KYOTO CONVENTION;


  • INDIVIDUAL CARICOM COUNTRIES HAVE BEEN IMPLEMENTING THE VARIOUS MEASURES AND STANDARDS IN CUSTOMS AND BORDER MANAGEMENT OPERATIONS


  • CSME (ART. 95) -  ESTABLISH HARMONISED CUSTOMS LEGISLATION AND CUSTOMS PROCEDURES.


  • EPA – FIRST CARICOM BILATERAL TRADE AGREEMENT WITH COMPREHENSIVE TF COMMITMENTS
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EPA CHAPTER 4: CUSTOMS AND TRADE FACILITATION
  • OBJECTIVE:


  • Ensure effective customs control while improving efficiency, transparency and non-discrimination in customs administration and border management procedures of the Parties.


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SCOPE OF EPA TF PROVISIONS
  • EMPHASIS ON CUSTOMS FACILITATION, CO-OPERATION AND CONTROL.


  • BEST ENDEAVOUR COMMITMENTS IN FAVOUR OF CARIFORUM LINKED TO THE DELIVERY OF DEVELOPMENT SUPPORT;


  • ESTABLISHMENT OF SPECIAL COMMITTEE ON CUSTOMS CO-OPERATION AND TRADE FACILITATION.


  • TF MEASURES ARE ‘WTO-MINUS’ IN AMBITION AND SCOPE (ASSUMING THAT WTO TF AGREEMENT IS AGREED).



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SUMMARY OF EPA TF MEASURES
  • CUSTOMS CO-OPERATION
  • SIMPLIFICATION OF IMPORT AND EXPORT PROCEDURES
  • TRANSPARENCY/PREDICTABILITY
  • PUBLIC/PRIVATE SECTOR CO-OPERATION
  • APPLICATION OF INTERNATIONAL STANDARDS
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CUSTOMS AND ADMINISTRATIVE CO-OPERATION
  • INFORMATION EXCHANGE  CONCERNING CUSTOMS LEGISLATION AND PROCEDURES


  • DEVELOPMENT OF JOINT INITIATIVES


  • PROMOTE CO-ORDINATION AMONG RELATED AGENCIES


  • PROTOCOL II ON MUTUAL ADMINISTRATIVE CO-OPERATION TO COMBAT CUSTOMS FRAUD
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SIMPLIFIED IMPORT/EXPORT PROCEDURES
  • I: SIMPLIFICATION OF DOCUMENTATION


  • “…the need to apply a single administrative document or electronic equivalent in the EC Party and in CARIFORUM respectively.  CARIFORUM States shall continue efforts to this end, with a view to implementation at an early stage after the entry into force of this Agreement.  A joint review of the situation shall be carried out 3 years after the entry into force of the Agreement”.


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SIMPLIFIED PROCEDURES
  • II: RELEASE AND CLEARANCE OF GOODS


  • “Simplify requirements and formalities wherever possible, in respect of the rapid release and clearance of goods”.


  • “…trade and customs legislation, provisions and procedures shall be based upon the need to apply modern customs techniques, including risk assessment, simplified procedures at import and export, post release controls and objective procedures for authorised traders. Procedures should be transparent, efficient and simplified  in order reduce costs and increase predictability for economic operators”.


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SIMPLIFIED PROCEDURES
  • III: AUTOMATION OF PROCEDURES


  • …..the progressive development of systems, including those based upon Information Technology, to facilitate the electronic exchange of data among traders, customs administrations and related agencies;
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SIMPLIFIED PROCEDURES
  • IV: CUSTOMS BROKERS


  • “.. transparent and non-discriminatory rules in respect of licensing of customs brokers, as well as the non-requirement for the mandatory use of independent customs brokers..”
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SIMPLIFIED PROCEDURES
  • V: PRE-SHIPMENT INSPECTION


  • ….the need to avoid the mandatory use of pre-shipment inspections or their equivalent without prejudice to their rights and obligations  pursuant to the WTO Agreement on PSI.  The Parties…may subsequently agree to renounce the possibility of using mandatory pre-shipment inspections or their equivalent”.
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SIMPLIFIED CUSTOMS PROCEDURES

  • VI: FORMALITIES AND DOCUMENTATION REQUIREMENTS


  • Take further steps towards the reduction, simplification and standardisation of data and documentation;
  • Simplify requirements and formalities wherever possible, in respect of the rapid release and clearance of goods;


  • Provide effective, prompt, non-discriminatory and easily accessible procedures enabling the right of appeal against customs administrative actions, rulings and decisions affecting imports, exports or goods in transit. Any charges shall be commensurate with the cost of the appeal procedures.
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APPLICATION OF INT’L STANDARDS
  • I: USE OF INTERNATIONAL STANDARDS


  • “The Parties agree that their respective trade and customs legislation, provisions and procedures shall draw upon international instruments and standards applicable in the field of customs and trade, including the substantive elements of the revised Kyoto Convention on the simplification and harmonization of customs procedures, the WCO Framework of Standards to Secure and Facilitate Global Trade, the WCO data set and the HS Convention”


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TRANSPARENCY
  • I: PUBLICATION AND AVAILABILITY OF INFORMATION


  • “All legislation, procedures and fees and charges, as well as whenever possible, the relevant explanation are made publicly available, as far as possible through electronic means”
  • “Wherever possible, when new or amended legislation and procedures are introduced, information is made available to the economic operators in advance.”


  • “Make publicly available relevant notices of an administrative nature, including agency requirements and entry procedures , hours of operation and points of contact for information enquiries…in order to facilitate business compliance with customs obligations and the timely movement of goods;
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TRANSPARENCY
  • II: ADVANCE BINDINGS RULINGS


  • “The Parties agree to put in place a system of binding rulings on customs matters, notably on tariff classification and rules of origin, in accordance with rules laid down in their respective legislation.”


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PRIVATE/PUBLIC SECTOR DIALOGUE
  • I: CONSULTATION WITH THE TRADE


  • “The Parties agree on the need for timely and regular dialogue with economic operators on legislative proposals related to customs and trade procedures.”


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TRANSIT
  • I:  TRANSIT


  • “The EC Party and the Signatory CF States agree that their respective trade and customs legislation , provisions and procedures shall be based upon the need to facilitate transit movements”.
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REGIONAL INTEGRATION
  • Art. 34 :
  • The Parties shall promote to the fullest extent possible regional integration in the field of customs and shall work on the development of regional customs legislation, procedures and requirements, in line with the relevant international standards.
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DEVELOPMENT SUPPORT

  • The Parties recognise the importance of co-operation as regards customs and trade facilitation measures in order to achieve the objectives of this Agreement.
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DEVELOPMENT SUPPORT PRIORITIES
  •  Application of modern customs techniques, including risk assessment , advance binding rulings, simplified procedures for entry and release of goods, post release controls and company audit methods;
  • Application of international standards;
  • Automation of customs and other trade procedures
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FINANCING EPA TA & CB (ART. 7)
  • COTONOU PROGRAMMING PROCEDURES OF THE 10TH EDF
  • GENERAL BUDGET OF THE EUROPEAN UNION.


  • BILATERAL DEVELOPMENT SUPPORT INITIATIVES – DFID ETC.


  • MOBILISATION OF REGIONAL RESOURCES IN CARICOM (INCLUDING PRIVATE SECTOR ETC.


  • OTHER NON-EC DONOR AGENCIES – USAID, IDB, CIDA,CDB
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EPA RPTF PROCESS
  •  Regional Preparatory Task Force (RPTF) –strategic link between the EPA negotiations and development support in the context of the Cotonou Agreement.
  • Needs Assessment process underway to identify regional priorities;
  • Six NA Studies completed including Customs and Trade Facilitation
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RECOMMENDED REGIONAL (CF) APPROACHES FOR TA&CB
  • TRAINING (Customs):-
  • Development of Standardized Training Manuals;
  • Develop University Level Management Training Course -  regional standardized university- level training programmes for middle to senior managers in Customs Administrations;
  • Regional Training Courses including Train-the-Trainer programmes and specialist training in specific customs areas at a CF Regional Training Center;
  • Development of a Regional ELearning Strategy - regional Electronic online distance education platform for training;
  • E-Learning Software Implementation



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RECOMMENDED REGIONAL (CF) APPROACHES FOR TA&CB
  • Development of National/Regional Valuation database - to assist countries to address problems of valuation through the sharing of valuation information.
  • Development of National/Regional risk management and intelligence database.
  • Development of a Regional Technical Assistance Database to assist in strategic planning, monitoring, control and co-ordination of donor agency TA &CB support.
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NEXT STEPS
  • FINANCING PROPOSALS TO BE DEVELOPED;
  • CHANNEL RECOMMENDATIONS INTO NATIONAL AND REGIONAL INDICATIVE PROGRAMMES (NIP AND RIP) FOR EPA IMPLEMENTATION UNDER 10TH EDF.
  • CO-ORDINATION OF INTERVENTION BY OTHER DEVELOPMENT PARTNERS
  • EPA IMPLEMENTATION ROAD MAP DEVELOPED.


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END OF PRESENTATION


  • THANK YOU!
  • mlowe@crnm.org