Establishing NTFC - Myanmar wkshop - Day 2- session 4 ......Focal Point (ENFP)* in 2010 Scope of...
Transcript of Establishing NTFC - Myanmar wkshop - Day 2- session 4 ......Focal Point (ENFP)* in 2010 Scope of...
National Workshop on Trade Facilitation and the Implementation of the WTO Trade Facilitation Agreement
Nay Pyi Taw, Myanmar
4-5 June 2015
The Government of the Republic
of
the Union of Myanmar
National Workshop on Trade Facilitation and the Implementation
of the WTO Trade Facilitation Agreement, Nay Pyi Taw, 4-5 June 2015
Establishing National Trade
Facilitation Committee
by
Dr. Yann Duval, Chief, Trade Facilitation Unit,
Trade and Investment Division, UN ESCAP
The Government of the Republic
of
the Union of Myanmar
• Background and rationale for an NTFC
• WTO Article 23.2
• UN/CEFACT Recommendation No.4
• General Step-by-Step Approach to Establishing an NTFC
• NTFCs Around the World
• UNCTAD survey 2013 – key findings
• WCO survey 2014
• Establishing an effective NTFC in Myanmar?
• Part of the Institutional Arrangements of the Agreement
� MANDATORY
• Must be implemented upon entry into force of the WTO TFA (2016?)
• Complete flexibility on organization, structure…
“National Committee on Trade Facilitation - Each Member
shall establish and/or maintain a national committee on
trade facilitation or designate an existing mechanism to
facilitate both domestic coordination and implementation of
the provisions of this Agreement."
• Background and rationale for an NTFC
• WTO Article 23.2
• UN/CEFACT Recommendation No.4
• General Step-by-Step Approach to Establishing an NTFC
• NTFCs Around the World
• UNCTAD survey 2013 – key findings
• WCO survey 2014
• Establishing an effective NTFC in Myanmar?
Source:
http://www.unescap.org/resources/designing-and-implementing-trade-facilitation-asia-and-pacific-2013-update
Designating A Lead Trade Facilitation Agency
Factors to consider when choosing the lead agency
(i) the envisaged focus and scope of the trade facilitation efforts;
(ii) the commitment of the agency to trade facilitation and competitiveness;
(iii) the capacity (intrinsic authority and experience) of the agency to coordinate and communicate with the other agencies involved, as well as the private sector; and
(iv) the capacity of the agency to mobilize the necessary level of political support, and dedicate adequate and sustainable financial and human resources to trade facilitation.
While public agencies involved in trade have different objectives, they have to coordinate their
actions before any public–private collaboration. This may be done by appointing a lead ministry
or agency to handle trade facilitation matters or to act as a national focal point.
Source:
http://www.unescap.org/resources/designing-and-implementing-trade-facilitation-asia-and-pacific-2013-update
Establishing A National Trade Facilitation
Body
2.1 Terms of Reference of the National Trade Facilitation Body
2.2 Composition of the National Trade Facilitation Body
2.3 Structure and Function of the National Trade Facilitation Body
2.4 National Trade Facilitation Body Secretariat and Technical Team
After designating a lead agency for trade facilitation the next step is to establish a national
trade facilitation body (institutional structure) that will bring together all the diverse parties
with interest in trade facilitation and provide an effective and coherent mechanism for
identifying problems and developing solutions. The NTFB should be established by the lead
agency to cover the following four items.
develop measures to reduce the cost and
improve the efficiency of internationalt
rade
identify issues affecting the cost and
efficiency of their country’s international
trade
assist in the implementation of the measures
provide a national focal point for the
collection and dissemination of
information on best practices in
international trade facilitation
participate in international efforts to
improve trade facilitation and
efficiency
ensure consistency of
adopted measures with national policies and international
obligations
Based on the WTO TFA text:
• Facilitate domestic
coordination on TF
• Facilitate implementation
of the provisions of the
WTO TFA
Source:
http://www.unescap.org/resources/designing-and-implementing-trade-facilitation-asia-and-pacific-2013-update
The NTFB should have a balanced membership from both public and private sectors and
should be representative of the stakeholders involved in trade facilitation. A non-exhaustive
list of organizations that should be considered for inclusion in the NTFB is provided in Table
3.2, categorized under three main trade stakeholder groups.
Source:
http://www.unescap.org/resources/designing-and-implementing-trade-facilitation-asia-and-pacific-2013-update
To be effective, the NTFB needs to be correctly positioned within the chain of authority.
The NTFB should have a knowledgeable technical team and secretariat.
To increase stakeholder ownership and avoid government bureaucracy, the secretariat may be housed in a representative private sector organization willing to champion trade facilitation.
At least in the initial stages, the government should provide financial support to the secretariat.
The development of formal and informal linkages between the NTFB and regional or global trade bodies and networks should generally be supported, as this will allow the NTFB to facilitate trade processes beyond its own borders for the benefit of its national stakeholders.
Source:
http://www.unescap.org/resources/designing-and-implementing-trade-facilitation-asia-and-pacific-2013-update
• Background and rationale for an NTFC
• WTO Article 23.2
• UN/CEFACT Recommendation No.4
• General Step-by-Step Approach to Establishing an NTFC
• Experience of NTFCs Around the World
• UNCTAD survey 2013 – key findings
• WCO survey 2014
• Establishing an effective NTFC in Myanmar?
Pro-committees
NTFCs / NTTFCs
WTO TF
negotiations
Committees /
Support Group
• Did your Government establish or maintain a NCTF?
• 23 (of 66 respondents) had NCTFs in place:
• 15 Members had designated already existing Committees to carry
out the roles and responsibilities of an NCTF
• What is the role of Customs in the NCTF?
• Chair: 5 NCTF; Co-Chair: 2; Vice-Chair: 7; Other: 9
• What is the level of Participants?
• High-level: 2 NTFC; Director level: 3; Technical-level: 4;
Mixed Director & below: 5; Mixed Ministerial to Technical: 9
• Does the Committee have a Secretariat of its own?
• Yes 15 (13 MoC); No 6
• How many Members are there in the Committee?
• 5 to 43*Released April 2015 at:
http://www.wcoomd.org/en/topics/wco-implementing-the-wto-atf/~/media/279C3BBB7C9447A0860420F87ED0F827.ashx
Existing Mechanism: The NTFC is called the Trade Facilitation Secretariat (TFS),
established under the National Steering Committee for Economic Integration
(NSCEI) in 2010
Scope of Work & TOR: Coordinating and facilitating trade by focusing on simplifying administrative procedures and easing trade barriers to support and
promote expansion of trade
• Created the National TF Strategic Plan (2011-2015) in 2011
Chair: Vice Minister of Industry and Commerce
Vice Chairs: DGs of Import & Export, Customs, Transport, and Agriculture
Secretariat: Department of Import and Export, Ministry of Industry and Commerce
Membership: DDGs of related line departments and chambers of commerce
Level of Representation/Organizational Structure (next slide)
Frequency of Meetings: ordinary meetings twice a year, with special meetings
organized to resolve important and urgent issues. The TFS shall report
regularly to the NSCEI and share minutes of meetings with the line ministries
and other concerned organizations.
Funding: a budget aligned with the budget plan of the NSCEI and approved by the Ministry of Industry and Commerce
Organizational Structure
• Background and rationale for an NTFC
• WTO Article 23.2
• UN/CEFACT Recommendation No.4
• General Step-by-Step Approach to Establishing an NTFC
• Experience of NTFCs Around the World
• UNCTAD survey 2013 – key findings
• WCO survey 2014
• Establishing an effective NTFC in Myanmar?
Issues to consider/discuss:
1. Existing mechanism OR establishment of a new one
[what are existing related bodies/mechanisms?]
2. Purpose / Scope of work
3. Terms of reference / functions
4. Chairmanship
5. Membership
6. Level of representation of Members
7. Organizational structure [incl. Secretariat & working groups]
8. Technical support to NTFC
9. Funding & resources
10.Other considerations?
[For reference in
Small group discussion]
Annex - Reference Material on establishing an NTFC
• Part 3, Chapter 3, Guide to Implementation, DESIGNING AND
IMPLEMENTING TRADE FACILITATION in A-P (ADB-ESCAP, 2013) http://www.unescap.org/sites/default/files/6%20-
%20Part%20III_Guide%20To%20Implementation%E2%80%94Moving%20Forward.pdf
• UN/CEFACT Rec. 04 + Guidelines on Establishment of National Trade
and Transport Facilitation Body (2000) http://tfig.unece.org/contents/recommendation-4.htm
• Guidelines being updated (2015); draft available for public review at: http://www1.unece.org/cefact/platform/display/CNP/Revision+of+Recommendation+4+on+National+
Trade+Facilitation+Bodies+and+its+guidelines
• ESCAP GUIDELINES ON ESTABLISHING AND STRENGTHENING NATIONAL
COORDINATION MECHANISMS FOR TTF (2010; focus on transport facilitation): http://www.unescap.org/sites/default/files/0%20-%20Full%20Report_12.pdf
• National TF Bodies in the World (UNCTAD, 2014): http://unctad.org/en/pages/newsdetails.aspx?OriginalVersionID=928&Sitemap_x0020_Tax
onomy=UNCTAD%20Home
• Including online repository on National TF bodies
• Pakistan and Mongolia case studies (APTFF 2014)
http://unnext.unescap.org/tfforum14-presentations.asp
*
Existing Mechanism: The National Task Force Committee on Trade Facilitation, established under the Sub-Committee on
Trade Facilitation of the Enlarged National
Focal Point (ENFP)* in 2010
Scope of Work & TOR: Facilitates domestic
coordination on trade issues and
implementation of the WTO TFA provisions
Chair: Ministry of Trade
Vice Chair: Nigeria Customs Service
Secretariat: Ministry of Trade
Membership: 21 related line agencies and chambers of commerce
Frequency of Meetings: not specified
Funding: not specified
*ENFP is an inter-ministerial committee
on domestic trade and multilateral trade
matters
Chair
Ministry of Trade
Working Group on
Regulatory and
Infrastructure Issues
Task Force Committee on
Trade Facilitation
Vice Chair
Nigeria Customs Service
Working Group on
Trade Process
Streamlining
Organizational Structure
Existing Mechanism: The National Trade and Transport Facilitation Committee (NTTFC) is a public/private sector joint venture created in August 2001
Scope of Work & TOR: Main tasks include the modernization of border control and
Customs procedures; improvement of
trade and transport logistics;
modernization of transport legislation;
accession to international conventions;
bilateral and multilateral transit trade
and transport agreements; and the WTO
TFA
Chair: Secretary, Ministry of Commerce
Secretariat: Ministry of Commerce
Membership: 38 members comprising
related federal ministries, public sector
organizations, chambers of commerce,
trade associations and terminal operators
Chairperson
Secretary
Ministry of Commerce
CommitteesBoard of Directors
Working Groups
Executive Secretary
Deputy Secretary
Secretariat
Frequency of Meetings: not specifiedFunding: not specified
Existing Mechanism: The Sub-Committee on Rules and Other Disciplines, under the Technical Working Group on WTO Matters (TCWM) of the Trade and Related
Matters (TRM) Committee* of the National Economic Development Authority
(NEDA) is the interim national WTO TF committee. The TRM Committee was
established in 1987.
Scope of Work & TOR: The Sub-Committee on Rules and Other Disciplines of the
TCWM, which also handles trade facilitation matters (among other issues),
functions to discuss and recommend Philippine positions/strategies on trade
rules and related topics with direct relevance to the country’s implementation
of its WTO commitments and continuing participation in the MTS.
Chair: Director, Bureau of International Relations, Department of Trade & Industry
Secretariat: WTO Desk of the Bureau of International Relations
Membership: not specified
Level of Representation/Organizational Structure (next slide)
Frequency of Meetings: not specified
Funding: not specified
Philippine NCTF FOCAL POINTS1. NCTF Coordinator / Lead Agency:
Bureau of International Trade Relations (BITR)
Director (Agency Head)
Secretariat: WTO Desk of BITR
2. Officials responsible to coordinate with
donors:
Two BOC Deputy Commissioners
(Deputy Agency Heads)
3. Geneva Delegate:
Philippine Mission to the WTO Representatives
(Commercial Attache)
NCTF
NEDA
TRM Cabinet
Committee
National Economic
Development
Authority (NEDA)
Trade Related Matters
Committee (TRM)
Interim National
Committee on Trade
Facilitation (NCTF)
Organizational Structure
Existing Mechanism: The Networking Committee on Trade Policy and Procedures Simplification (NCTPPS), under the Export Development Council (EDC), which
was established in 1994.
Scope of Work & TOR: EDC-NCTPPS is a Policy Networking Committee of the EDC
that 1) recommends trade policies that would strengthen the export industry; 2)
simplifies systems and procedures pertinent to export to reduce the (a) cost of
doing business and b) turnaround time and signatures; 3) optimizes the use of ICT
in streamlining the systems and procedures pertinent to export; and 4) assists in
ensuring that the tariff structures favor national interest.
Chair: Trustee, Philippine Exporters Confederation, Inc.
Vice Chair: Deputy Commissioner, Bureau of Customs
Secretariat: Export Development Council
Membership: Export Development Council (EDC), Export Management Bureau (EMB),
Philippine Exporters Confederation (PhilExports), Bureau of Customs (BOC),
Philippine Economic Zone Authority (PEZA), among others
Organizational Structure: The EDC is an attached agency of the Department of
Trade and Industry
Frequency of Meetings: not specified
Funding: not specified
Existing Mechanism: The National Committee on Trade Facilitation (NCTF), established under Customs in compliance with the WTO TFA Article 23.2 in
June 2014 (no new legislation)
Scope of Work & TOR: Responsible for identifying Category B & C commitments
to be notified to the WTO, expediting the national ratification procedure for
the TFA, ascertaining the capacity building and financial needs of border
agencies on Category C commitments, and liaising with donor agencies and
Government to secure funding for implementation of Category C commitments
Chair: Director General of Customs
Secretariat: not specified
Membership: 9 members of agencies involved in border procedures and the
chamber representing the private sector trading community of Sri Lanka
Level of Representation/Organizational Structure (next slide)
Frequency of Meetings: not specified
Funding: not specified
Chairperson
DG of Customs
Technical Committee
Representatives nominated
by Members* of the NCTF
Customs
Working Group
Coordinates with NCTF and the technical
Committee on matters related to the TFA
Advises the NCTF on technical matters
National Committee on Trade
Facilitation
Functions:
Members: Heads of Customs, Commerce, Trade and Investment Policy (under Ministry of Finance), Health
Services, Department of Agriculture, Sri Lanka Standard Institution, Import & Export Control Department,
Exchange Control Department, Sri Lanka Ports Authority, Chamber of Commerce of Sri Lanka
Organizational Structure
Pasadilla and Liao (2005). Does the Philippines Need a Trade Representative Office? Philippine Institute for Development Studies. Discussion Paper Series No.
2005-26.
Nghardsaysone, Konesawang (2014). Trade Faciliation Committee and Trade
Portal in Lao PDR (Presentation). World Bank Group 2014.
Lao PDR National Steering Committee for Economic Integration (2010). Agreement on the Structure and Role of the Trade Facilitation Secretariat.
http://www.laotradeportal.gov.la/kcfinder/upload/files/TFSA_Eng.pdf
World Customs Organization(2014). NCTF Case Studies.http://www.wcoomd.org/en/topics/wco-implementing-the-wto-atf/national-
committees-on-trade-facilitation.aspx
Mansoor, Javaid (2014). National Experience in Stakeholder Engagement and
Inter-Agency Coordination of National Trade and Transport Facilitation Committee,
Pakistan (Presentation). Asia Pacific Trade Facilitation Forum 2014.