i

MIDDLE EAST ECONOMIC GROWTH BEST PRACTICES PROJECT (MEG)

WTO Trade Facilitation Agreement Conformity Assessment for Egypt, Iraq, Jordan, Lebanon, Libya, Morocco, Tunisia, and Yemen

Draft Report

June 2019

This report was produced for review by the United States Agency for International Development. It was prepared by the Middle East Economic Growth Best Practices Program (MEG) Project implemented by The Pragma Corporation.

ii

Prepared for the United States Agency for International Development, USAID Order AID-OAA–M-17-00007 USAID ME Bureau Office of Economic Growth Middle East Economic Growth Best Practices Project (MEG)

iii

ACRONYMS

ACV WTO Agreement on Customs Valuation AEO Authorized Economic Operator AGADIR Agreement

Free trade agreement between Egypt, Jordan, Morocco and Tunisia

AO Authorized Operator ASYCUDA Automated System for Customs Data BADR Computerized On-line Customs Database (Morocco) EGAT Economic Growth Agriculture and Trade EU European Union GATS WTO General Agreement on Trade in Services GOEIC General Organization for Export & Import Control (Egypt) IMF International Monetary Fund IP Intellectual Property IPR Intellectual Property Right(s) MAS-Q Metrology Accreditation and Standards for Quality MENA Middle East and North Africa NCTF National Committee on Trade Facilitation NTB Non-Tariff Barrier OECD Organization for Economic Cooperation & Development OIC Organization of Islamic Cooperation PSI Pre-shipment Inspection RKC Revised Kyoto Convention for the Simplification and Harmonization

of Customs Procedures SAFE Framework WCO Framework of Standards to Secure and Facilitate Global Trade SME Small and Medium Enterprise SOPs Standard Operating Procedures SPS WTO Agreement Sanitary and Phytosanitary Measures TaB Trading across Borders TBT Technical Barriers to Trade TPR Trade Policy Review (by the WTO) TRIPS WTO Agreement on Trade-Related Aspects of Intellectual Property

Rights TTN Tunisia Trade Net UNCTAD United Nations Conference on Trade and Development USAID United States Agency for International Development USG United States Government VAT Value Added Tax WB World Bank WBDB World Bank Doing Business Report (annual surveys) WCO World Customs Organization WIPO World Intellectual Property Organization WTO World Trade Organization

4

TABLE OF CONTENTS

ACRONYMS ERROR! BOOKMARK NOT DEFINED.

EXECUTIVE SUMMARY 1

A. BACKGROUND 3

B. ANALYSIS AND RECOMMENDATIONS 6 B.1 GENERAL OBSERVATIONS 6

Transparency: Publication, information through internet, and enquiry points 6 Opportunity to Comment and Information before Entry into Force and consultations with stakeholders 6 Advance Rulings 7 Procedures for Appeal and Review 7 Trade Facilitation Measures for Authorized Operators 7 Border Agency Cooperation/Cross-Border Cooperation 7 National Committee on Trade Facilitation 8

ANNEX A - COUNTRY SITUATION ANALYSIS 9

ANNEX B - CONFORMITY RECOMMENDATIONS 19

1

EXECUTIVE SUMMARY This report is an assessment report of seven key World Trade Organization (WTO) Trade Facilitation Agreement (TFA) articles and provisions related to promoting transparency and greater public-private cooperation and partnership. The assessment focuses on eight countries located in the Middle East and North Africa (MENA) region although two of the countries, Iraq and Libya, are not yet WTO members and have therefore not undertaken TFA ratification. The main purpose is to (i) review the status of legal conformity with the selected key TFA articles and provisions in Egypt, Iraq, Jordan, Lebanon, Libya, Morocco, Tunisia, and Yemen; and (ii) define a range of recommendations to support the promotion of trade facilitation, private sector development, and economic growth within these countries.

This report is based on desktop legal research and analysis. While the findings of this effort need to be validated through subsequent in-country missions, preliminary policy and priority implications can be drawn in terms of which initiatives can best reduce trading costs and delays, curtail corrupt practices, and promote transparency and good governance; and thus support private sector development in the MENA region.

Overall, the analysis shows, on average, partial compliance with the selected WTO TFA provisions. None of the eight countries have full compliance with these provisions, whilst all have at least taken some measures at varying degrees for compliance.

TABLE 1 - COUNTRY COMPLIANCE

WTO TFA PROVISIONS LEVEL OF COMPLIANCE

Transparency: Publication, information through internet, and enquiry points

Partially in all eight countries

Opportunity to Comment and Information before Entry into Force and consultations with stakeholders

Substantially: Tunisia Partially in all other countries

Advance Rulings Substantially: Morocco Partially: Egypt, Jordan and Lebanon No: Iraq, Libya, Tunisia and Yemen

Procedures for Appeal and Review Substantially: Jordan, Morocco and Tunisia Partially: Egypt, Iraq, Lebanon, and Yemen

Trade Facilitation Measures for Authorized Operators

Substantially: Morocco Partially: Egypt, Jordan, and Tunisia No: Iraq, Lebanon, Libya and Yemen

Border Agency Cooperation: internal and Cross Border

Partially: All (for Inter-ministerial cooperation) Partially: All (very limited for cross-border)

National Committee on Trade Facilitation (NCTF)1

Fully: Tunisia Substantially: Egypt Partially: Jordan and Morocco, No: Iraq, Lebanon, Libya, and Yemen

1 Some of MENA countries established in 2007, as per UN Economic Social Commission for Western Asia. National Trade and Transport Committees which are inactive and not WTO-TFA focused with limited membership.

2

The undertaken analysis has identified the following twelve “high priority” enablers for USAID consideration in all eight countries2:

1. Developing centralized trade web portals for publishing all information required under the TFA and inter-ministerial mechanism for keeping information up to date.

2. Amending relevant legislation to mandate the publication of required information under the TFA. (all eight countries)

3. Designating formal and single trade enquiry point and developing related institutional mechanisms to answer enquiries in a timely fashion. (all eight countries)

4. Amending legislative processes in all countries (except Tunisia) to require the establishment of formal mechanism that would provide opportunity for commenting on draft legislation prior to adoption.

5. Establishing formal consultation mechanisms between border agencies and stakeholders in Iraq, Lebanon, Libya, Tunisia and Yemen and energizing existing mechanisms in the other countries.

6. Establishing AR to cover classification, origin, and valuation and establishing e-advance ruling mechanisms, building private sector awareness to maximize benefits from these facilities and capacity of Advance Ruling Unit to be established within the customs authorities. (all eight countries).

7. Enhancing appeal procedures in Jordan, Morocco, and Tunisia; and establishing formal appeal in the other countries; and building related private sector awareness, and establishment of e-appeal mechanisms in all eight countries.

8. Enhancing the Authorized Economic Operator programs (AEO) in Egypt, Jordan, Morocco, and Tunisia and instituting AO/AEO in Iraq, Lebanon, Libya, and Yemen; and building institutional capacity, developing operating procedures, and building private sector awareness in all countries.

9. Enhancing single windows initiatives in Jordan (National Single Window), Morocco (PortNet), and Tunisia (Trade-Net); and launching single window initiatives in Egypt, Iraq, Lebanon, Libya, and Yemen with the eventual long-term goal of the integration of national single windows into a regional single window to promote border agency cooperation and support integrated border management.

10. Amending legislation (and developing MOUs/Agreements)) to promote cross-border cooperation in terms of alignment of hours of operations, procedures, and formalities between respective and neighboring countries; and planning for long-term cross-border initiatives such as electronic data exchange, joint clearance & single border stops.

11. Revising the ToR for the NCTFs in Egypt, Jordan and Morocco and establishing NCTFs in Iraq, Lebanon, Libya and Yemen to improve public-private cooperation and plan and oversee the

2 Unless where otherwise indicated.

3

implementation of the TFA, particularly category A provisions, and completing notifications by Egypt, Tunisia, Yemen.

12. Establishing a Secretariat at the ministry in charge of WTO matters and developing appropriate work plans, standard operating procedures (SOPs), and communications strategies. (all eight countries)

The overall gains for the economies of the eight countries and economic gains by stakeholders in the private sector of implementing the key enablers will far outweigh the associated costs involved. However, to achieve their full implementation, the eight countries will undoubtedly require a varying degree of targeted USAID capacity-building aid and support. For certain countries, this will mean adopting a phased approach, both in time, space and scope, to take into account limited absorption capacities and overarching security challenges.

Section A below provides a brief background on the TFA and its benefits. Section B summarizes analysis including current situation in respective countries and specific recommendations for conformity with the selected provisions under this study.

It is suggested that the current study be expanded in the next 3-4 months to cover the remaining countries in the MENA region (Syria, and West Bank/Gaza) and to go beyond legislative review and examine institutional implementation in-country. In addition, there is a need to develop a diagnostic/action planning tool for use by USAID staff based on the TFA WTO Self-Assessment Guide and World Customs Organization (WCO) guidelines.

A. BACKGROUND The simplification of regulatory requirements, trade documentation and clearance procedures are seen as essential for developing countries to help increase and promote private sector development and enhance competitiveness by lowering trade costs and delays and curtailing corrupt practices. Reforming laws, regulations and procedures in line with international standards (e.g., those of the WTO and WCO) can significantly reduce the cost of doing business or the costs of importing and exporting. This is particularly important when considering the growing interconnection of production processes across many countries, with each country specializing in particular stages of a good's production. In the trade literature, this phenomenon is referred to as "global supply chains"3.

A core initiative supporting the simplification of the regulatory requirements process is the TFA, which represents the most significant initiative to support trade facilitation under the WTO. The agreement provides a set of trade facilitation measures and clear guidelines for improving trade facilitation to support private sector development, by increasing market access and enabling the development of business activities linked to global supply chains.

On December 7, 2013, WTO members concluded negotiations on an agreement on trade facilitation. On November 27, 2014, the General Council of the WTO formally agreed to open this new TFA for acceptance. The TFA entered into force on February 2017, after two-thirds (108) of the WTO

3 International production, trade and investments are increasingly organized within so-called global value chains (GVCs)

where the different stages of the production process are located across different countries. OECD.

4

membership notified their acceptance of the TFA through submitting their ratification instruments to the WTO. Subsequently, the TFA Committee at the WTO, as per Article 23.1 of the TFA, was created on February 22, 2017 and the Committee held its inaugural session on May 16, 2017.

This WTO agreement is a major positive development as it brings together a number of improved WCO Revised Kyoto Convention (RKC) provisions (e.g., pre-arrival declaration, risk management, post clearance, authorized economic operators, establishment and publication of average release times); a number of improved provisions in existing WTO agreements (e.g., transit, enquiry points, notification, fees, opportunity to comment on drafts, advance rulings); and new provisions (e.g., information availability through internet, border agency cooperation, electronic payment, and greater participation of the private sector in shaping trade rules). Of significant importance, the TFA introduces provisions which strengthen public-private cooperation and partnerships. The TFA presents a new framework for promoting sound reforms designed to (i) facilitate trade (reduce costs and delays) (ii) reduce corruption, (iii) improve transparency, (iv) increase private sector participation, (v) promote cooperation between border agency and the private sector, (v) promote cooperation between countries, (vi) improve efficiency of government operations, and (vii) increase fiscal revenues. In addition, it provides the strongest legal guarantees for protecting the rights of the private sector, while ensuring meeting their obligations at the lowest costs.

The World Bank Doing Business Indicators (Trading across Border Indicator) and the Organization for Economic Cooperation and Development (OECD) Trade Facilitation Indicators (TFIs) show that the rankings for seven out of the eight MENA countries under this study have been declining during the last five years. For some of these countries (Egypt, Morocco, and Tunisia) the ranking has dropped by almost one half since 2014. Please see Table 2 below. This additionally indicates that countries in the MENA region have not been adopting significant trade facilitation measures in comparison with other countries in recent years.

TABLE 2 – WORLD BANK DOING BUSINESS INDICATORS: TRADING ACROSS BORDERS

2014 2015 2016 2017 2018

Total Countries 189 189 190 190 190 Egypt 99 157 168 170 171 Iraq 179 178 178 179 181 Jordan 54 50 50 53 74 Lebanon 97 147 134 140 150 Libya 143 139 107 114 128 Morocco 31 102 63 65 62 Tunisia 50 91 92 96 101 Yemen 134 189 189 189 189

The OECD further shows that the MENA countries under this study in general have average scores under the OECD TFIs as per Table 3 below for 2017 (scale 0.0 to 2.0 with 2,0 being best).

TABLE 3 – OECD TFI FOR MENA COUNTRIES (2017)

COUNTRY 2017

Egypt 1.19 Iraq NA Jordan 0.93 Lebanon 0.84 Libya NA Morocco 1.41 Tunisia 1.13

5

Yemen 0.29

The implementation of the TFA will improve the rankings of these countries in the Word Bank Doing Business Indicators, the OECD TFIs, as well as the Heritage Foundation’s measurement of “trade freedom”, and Transparency International’s index of businesses’ perceptions on corruption.

TFA implementation in the eight countries will serve to encourage businesses, including SMEs, to join international markets and contribute significantly to trade facilitation and economic growth. Analysis based on the OECD TFIs indicates that the implementation of the TFA could reduce worldwide trade costs by between 10% and 18%, varying across country groupings, but with the largest gains accruing to countries in the lower income groupings. Opportunity costs from less than full implementation are particularly significant for low and lower middle-income countries. The estimated cost reductions by OECD of trade facilitation measures are summarized in Table 4 below.

TABLE 4 - WORLDWIDE TRADE COST REDUCTION FROM IMPLEMENTING CERTAIN TRADE FACILITATION MEASURES

TRADE FACILITATION MEASURES TRADE COST REDUCTIONS

Harmonizing and Simplifying Trade Documents 2.7% Streamlining Border Procedures 2.2% Automating Trade and customs Processes 2.1% Making Trade–related Information Available 1.4% Implementing Advance Rulings 1.5% Total Savings 10%

Source: OECD

Allied to the reduction in costs TFA implementation will support integration of the MENA countries into Global Value Chains (Table 5 below shows the growth of GVC) and assist in increasing Exports and GDP growth (as highlighted in Table 6 below). Shorter period for deliveries and greater predictability facilitate trade in trade-sensitive goods, such as just-in-time inventory and raw materials and input for processing. In addition, trade facilitation leads to greater inflows of FDI. The WTO’s 2015 World Trade Report noted a positive and statistically significant link between trade facilitation and inward FDI flows, particularly for small economies.

TABLE 5 - PRODUCTION LINKED TO GLOBAL VALUE CHAINS (IN BILLIONS OF USD)

COUNTRY 1995 2008 China 277 1,114 Czech Republic 14 41 India 114 229 Indonesia 83 113 Poland 33 86 Turkey 73 122 World 6,586 8,684

Source: G20 Estimates

TABLE 6 – ESTIMATED INCREASE IN EXPORTS OR GDP AS A RESULT OF TFA IMPLEMENTATION (ANNUAL PERCENTAGE INCREASE)

PHASE-IN EXPORTS GDP Conservative scenario

Immediate 2.09 0.36 5 years 2.08 0.35 10 years 2.06 0.34

6

PHASE-IN EXPORTS GDP Liberal scenario

Immediate 2.33 0.43 5 years 2.31 0.41 10 years 2.29 0.40

Full scenario Immediate 2.73 0.54 5 years 2.71 0.52 10 years 2.67 0.50

Source: Fontagné et al. (2015).

B. ANALYSIS AND RECOMMENDATIONS This section provides observations concerning general conformity with the key WTO TFA provisions under this study. It then provides situation analysis in each of the eight countries followed by specific recommendations for compliance with the respective WTO TFA provisions.

B.1 GENERAL OBSERVATIONS

TRANSPARENCY: PUBLICATION, INFORMATION THROUGH INTERNET, AND ENQUIRY POINTS

All countries under this study have official gazettes where all laws are published; including laws related to trade, customs, technical barriers to trade, and sanitary & phytosanitary measures. It is not always the case that sublegal acts are published in the official gazettes, particularly ministerial level decisions. However, the simple publication of laws and regulations is not really helpful in facilitating trade; what is required is detailed guidance on “how-to” procedures for export and import in accordance with the specific requirements of Article 1.1. (Where? When? How? With Whom? How long? How much?). The lack of procedural guidance is symptomatic in each of the eight countries.

Each of the eight countries that this study concerns itself with, publish some trade and customs information. The key problem is that not all the information required under Article 1.1 is published by any country, not all information is provided on-line (for ease of access) and the information that is published is not consolidated (also for ease of access). Some trade information is published by trade ministries, some information is published by the customs administrations, some is published by other ministries or agencies, and some is not available at all.

There are no provisions in law which require any of the eight Governments to publish information in the content, form and manner prescribed in the TFA. Generally, customs import rates of duty and value added tax (VAT) as it applies to imports, are readily available and can be found in the tariff schedule. Each of the eight countries provide at least some information on the internet. However, not all the trade and customs information required under Article 1 is published by any of the eight through a single website. In some of the countries, the websites are rather promotional in nature, with only general information on the administration system itself.

Although each of the eight countries offer some degree of enquiry service there is no formal single source enquiry points providing the information stipulated under the WTO TFA.

OPPORTUNITY TO COMMENT AND INFORMATION BEFORE ENTRY INTO FORCE AND CONSULTATIONS WITH STAKEHOLDERS

7

There are no provisions in law which require any of the eight Governments to provide an opportunity for traders and other interested parties to consult, in the form and manner prescribed in the TFA except for Tunisia. There are no provisions in national laws mandating the opportunity to comment and consult prior to entry into force. That said, some governmental entities (ministries, parliamentary committees) in the countries under study convene working groups (including private sector representatives, experts, but rarely civil society) or publish draft legislation in national media or their websites. But such practices are not consistent, regular, or standardized and do not follow best practices in terms of a period for commenting and procedures to ensure consideration of comments. Moreover, these practices are not required by law in these countries.

ADVANCE RULINGS

Only Morocco of the eight countries reviewed is substantially in compliance with the provisions of the TFA regarding advanced rulings. None of the other countries offering advance rulings cover the full range as required by the TFA (origin, classification, and valuation). There are no formal processes and limited private sector awareness of such facilities. None allows e-advance rulings. Although stipulated in Lebanon’s customs law, there is no unit within customs specialized in issuing advance rulings. Of the eight countries, Iraq, Libya, Tunisia and Yemen do not have advance rulings.

PROCEDURES FOR APPEAL AND REVIEW

All countries provide access to judicial systems. All also have some form of alternative administrative appeal process that could be sought before a law court in order to avoid costly and lengthy judicial proceedings. Only a few of the relevant laws appear to stipulate a timeframe for dealing with appeals in any of the eight countries. The relevant Customs law provisions do not appear to require Customs to provide reasons for adverse decisions or actions to enable persons to make an effective appeal. In addition, only one of the eight countries – Jordan – have an e-appeal mechanism.

TRADE FACILITATION MEASURES FOR AUTHORIZED OPERATORS

Of the four countries (Egypt, Jordan, Morocco, and Tunisia) presently operating equivalent AEO Programs, only Jordan has undertaken work to establish the program in all of the other agencies operating at the border and made attempts to get these various agencies to mutually recognize each other’s AEOs. Furthermore, the AEO programs in Egypt, Jordan and Tunisia presently limit SME participation. Yemen is in the process of establishing and AO/AEO program. Iraq, Lebanon and Libya have not yet launched such initiative.4

BORDER AGENCY COOPERATION/CROSS-BORDER COOPERATION

There is no firm legal basis for inter-agency cooperation in all eight countries. Inter-agency cooperation is largely conducted in an ad-hoc manner. Some effort to formalize cooperative arrangements is ongoing in some of the countries that have established NCTF and other coordination bodies. Jordan, Morocco, and Tunisia have developed functioning single windows, which supports

4 COMCEC Report Authorized Economic Operator Programs in the Islamic Countries: Enhancing Customs-Traders Partnership (October 2010) provides further insight into the areas highlighted for development.

8

greater cooperation among their border agencies. There is very limited cross-border cooperation between the countries and neighbouring countries. This is because the security situation in the area remains a paramount concern for many of the countries.

NATIONAL COMMITTEE ON TRADE FACILITATION

Egypt, Jordan and Morocco have inter-agency committees on trade acting as NCTF. None, however, seems to have formal ToR for its functions and operations covering specifically the WTO TFA. Yemen is in the process of establishing NCTF. Libya has a Libya Trade Network (LTNET), but its activities appear limited. Iraq, Lebanon and Tunisia also do not appear to have currently operational or functional committees on trade facilitation.

9

ANNEX A - COUNTRY SITUATION ANALYSIS Exhibit 1 provides a situation analysis for each of the countries under study for the respective TFA provisions.

EXHIBIT 1 – COUNTRY SITUATION ANALYSIS

COUNTRY SITUATION ANALYSIS

EGYPT Transparency: Publication, information through internet, and enquiry points: • There are no provisions in law requiring the publication of trade and customs information. • No single enquiry point exists which provides a quick, easy, consolidated, comprehensive information source on trade and customs. Opportunity to Comment and Information before Entry into Force and consultations with stakeholders: • There is formal legislation providing for consultations on draft trade and customs laws, regulations, policies and procedures. • NCTF consultations on trade issues are currently held with large businesses and private sector representatives. But no formal process exists which

is required by law. Advance rulings: • Advance rulings are issued with respect to tariff classification and rates. However, the TFA requires it for rules of origin and encourages members

to provide advance rulings related to valuation, exemption from customs duties, tariff quotas, and other matters. • Research established that no advance ruling decisions are published on the Customs website, nor is guidance regarding the process of applying for

such a ruling is located on the website. Appeal or review procedures: • Customs decisions may be appealed in accordance with Article 57 and 58 of the Customs Law number 66 of 1963 and the supporting Ministry of

Finance Decrees, which provide procedures for arbitration. • None of the relevant legal instruments appear to stipulate a timeframe for dealing with appeals or require Customs to provide reasons for adverse

decisions or actions to enable persons to make an effective appeal. Approved Operator: • Customs launched an AEO program in 2014 and presently there are 124 operators in the program. It covers imports and exports and allows

importers, exporters, customs brokers, and warehouse keepers to participate. • The program criteria restrict SME involvement. • No work to establish the program in all the other agencies operating at the border has been undertaken so far, although the General Organization

for Import and Export Control does operate a compliance program for trustworthy importers and exporters. Border Agency Cooperation: 1) Internal Border Agency Cooperation: • Inter-agency cooperation is not specifically formalized in the Customs Law 95 of 2005, or other laws. • For the last several years, the UNDP has worked with Egyptian authorities on transport corridor facilitation for trade, and since 2015, in the

formulation of a Roadmap for the establishment of Egypt's National SW. Eventually, this initiative will serve to help bring about inter-agency

10

cooperation, but a formal legislative framework is also needed to ensure inter-agency cooperation initiatives are given a high priority by the relevant agency administrators.

2) External Border Agency Cooperation: • Egypt's Customs Authority (ECA) has 10 bilateral administrative cooperation agreements for the exchange of customs information: with Iraq, Jordan,

Lebanon, Libya, Morocco, Palestine, Sudan, Syria, Tunisia, and Turkey. • While the ECA is the main body in charge of implementing customs procedures and trade-related legislation issued by different ministries, a

complicating factor is that another body – the General Organization for Export and Import Controls – plays an important role with respect to the international movement of goods. The GOEIC within the Ministry of Trade and Industry is in charge of keeping a Registry of Exporters, a Registry of Importers, and a Registry of Agents and Commercial Mediators, as well as inspecting imports and exports. The activities of these two border bodies are mandated and formalized by various Presidential and Ministerial Decrees. For instance, Presidential Decree No. 106/2000 sets out the GOEIC is responsible for inspection and control of imported and exported goods procedures in accordance with mandatory standards set by various Egyptian authorities, although the inspections may be carried out by different authorities under the auspices of the GOEIC. Also, Article 79 of Ministerial Decree No. 770/2005, directs that the ECA shall abide by decisions taken by the GOEIC regarding inspection and control procedures for imported and exported goods.

• Some exchange of information has been established amongst the Agadir Agreement countries and with Jordan. Institutional Arrangements – National Committee on Trade Facilitation: • The “EgyTrade Council” (acting as the “National Committee on Trade Facilitation Committee”) was established in 2011 by ministerial decree no.

183/2011, under the Ministry of Trade and Industry. • EgyTrade consultations on trade issues are held with large businesses and private sector representatives.

IRAQ Transparency: Publication, information through internet, and enquiry points: • Article 125 of the Constitution mandates that laws shall be published in the official government gazette and shall take effect on the date

of their publication, unless stipulated otherwise. The Ministry of Justice publishes the official gazette. • There are no provisions in law requiring the publication of trade and customs information. There is also no requirement for the publication

of internal ministerial regulations. This loophole provides discretionary authority which can allow bureaucrats to create internal requirements or procedures with little or no oversight, which can result in additional burdens for business.

• The customs website is limited in capability and information. • No single enquiry point exists which provides a quick, easy, consolidated, comprehensive information source on trade and customs. Opportunity to Comment and Information before Entry into Force and consultations with stakeholders: • There are no legal provisions requiring the legislature or the regulatory authorities to notify the general public of a perspective rule

change, to publish the texts of proposed business laws and regulations or to otherwise make them publicly available at any point in the legislative process.

Advance rulings: • The1984 Customs Law number 23 amended does not provide for an advance ruling mechanism. Appeal or review procedures: • Customs decisions may be appealed in accordance with Article 240 and 251 of the 1984 Customs Law number 23 amended. The initial appeal

is to a customs court and then before the Bench of Cessation.

11

• None of the relevant legal instruments appear to stipulate a timeframe for dealing with appeals or require Customs to provide reasons for adverse decisions or actions to enable persons to make an effective appeal.

• There is no reference or guidance to the appeal process on the customs website. Approved Operator: • Iraq does not operate an AO program at the present time. Border Agency Cooperation: 1) Internal Border Agency Cooperation: • The issue of internal border coordination is complicated by the fact Iraq includes the Kurdistan region. This region is largely autonomous and

administered by the Kurdistan Regional Government. Problems have occurred in recent times with internal customs control checks being applied on goods and people crossing from the rest of Iraq into the Kurdistan region and visa versa.

• There are no provisions in law authorizing formal internal border agency cooperation. • Iraq has yet to embark on building a Single Window environment as a means to promote inter-agency cooperation and help simplify border

procedures. 2) External Border Agency Cooperation: • Iraq has some bilateral administrative cooperation agreements for the exchange of customs information. An example being with Jordan. Institutional Arrangements – National Committee on Trade Facilitation: • A National Trade and Transport Facilitation Committee exists, but no reports of its activities are available on-line. The committee should be an

inter-institutional body promoting trade facilitation, studying transport regulations, preparing recommendations and supporting transparency on major trade and transport issues. However, the entity’s precise role and procedures need to be clarified.

JORDAN Transparency: Publication, information through internet, and enquiry points: • There are no provisions in law requiring the publication of trade and customs information. • However, the website of the Ministry of Industry and Trade is an excellent instructional guide on trade matters that pertain to that Ministry.

Indicative estimates are even provided for time and costs for transactions with the Ministry. However, the Customs website is not as advanced, instructional or useful, nor is information provided pertaining to trade requirements of other ministries and agencies.

Opportunity to Comment and Information before Entry into Force and consultations with stakeholders: • There is no legal basis requiring consultations on draft trade and customs laws, regulations, policies and procedures. • Nevertheless, trade consultations do currently take place; these need to be formalized, institutionalized and strengthened to provide greater

transparency, broader participation and a more proactive approach. Advance rulings: • Jordan has started to provide advance rulings based on requests from traders who seek clarification on specific matters, such as classification and

applicable tariff rates. • Advance rulings are not clearly articulated in the Customs Law (20/1998). Ruling requests are handled in an ad hoc manner by respective departments

dealing with classification, origin, and valuation. • Research established that no advance ruling decisions are published on the Customs website, or guidance regarding the process of applying for such

a ruling is located on the website. Appeal or review procedures: • Article 80, 210 and Articles 223 to 232 of the Jordan Customs Law (1998) provide procedures for appeals.

12

• The law does not appear to require Customs to provide reasons for adverse decisions or appear to stipulate a timeframe for dealing with appeals, or require Customs to provide reasons for adverse decisions or actions to enable persons to make an effective appeal.

• Anyone can submit a complaint or proposal through a free phone number or using the customs website e-form or fax. This is seen as best practice to be promoted with the other countries as it promotes transparency and provides easy access to the appeal process.

Approved Operator: • Customs launched an AEO program in 2008 and presently there are 81 operators in the program. It covers importers, exporters, carriers, customs

brokers, warehouse keepers, and QIZ companies. • The program criteria restrict SME involvement. • AEO programs have been established in all the other agencies operating at the border, and attempts made to get these various agencies to mutually

recognize each other’s AEOs. Jordan’s initiative to integrate and embed the program amongst all the border agencies is seen as best practice to be promoted with the other countries, as it maximizes trade facilitation measures.

Border Agency Cooperation: 1) Internal Border Agency Cooperation: • There are no provisions in law authorizing formal internal border agency cooperation. • Nevertheless, institutional co-ordination that underpins border agency cooperation in Jordan is supported by the SW operated through the customs

ASYCUDA WORLD system. There is a national SW Committee and a SW Risk Management technical committee. Both these committees meet to discuss SW issues and ensure an integrated risk management approach is adopted. Additionally, all the key border agencies have direct automated access to ASYCUDA WORLD.

• Another key element of the integrated risk management approach has involved the development of trusted trader schemes. All the major SW border agencies have trusted trade schemes (Golden Lists) and a national Golden List has been established.

• The UNDP is now partnering with the Government of Jordan in the review and upgrade of Jordan's National Single Window. 2) External Border Agency Cooperation: • Jordan has been pursuing a process of electronic connectivity and exchange of information with other Arab countries with the aim to simplify the

procedures of international trade exchange and enhance trade relations between the Kingdom and the Arab countries. Countries that have been connected electronically until the end of 2016 are: Saudi Arabia, Syria, Abu Dhabi, Palestine and Agadir Agreement countries (Egypt, Tunisia, and Morocco).

• The border security situation and neighboring instability has had a severe negative impact on cross-border trade and any further external border agency cooperation.

Institutional Arrangements – National Committee on Trade Facilitation: • The National Committee for Trade and Transport Facilitation (NTT) was established by a Council of Ministers Decision N° 3966 in 2003. • However, the entity’s role and procedures need to be clarified, particularly when it comes to actions required for compliance with the TFA and

WTO notifications concerning the TFA and other WTO requirements. LEBANON Transparency: Publication, information through internet, and enquiry points:

• All laws, regulations, judicial decisions, administrative rulings, or other measures of general application pertaining to or affecting trade in goods, services and TRIPS must be published in the Official Gazette prior to their coming into effect. The publication of such laws, regulations and other measures includes the effective date of these measures and lists the products and/or services affected by the particular measure. The Ministry of Economy and Trade acts as the national enquiry point for all GATS-related issues (www.economy.gov.lb). In addition, a one-stop information office,

13

the Central Office for Administrative Information, consisting of a phone helpline (1700) and an internet website (www.dawlati.gov.lb) was established in 2002 under the responsibility of OMSAR. Both the helpline and the website contain a list of addresses and phone numbers of ministries and public agencies, as well as information about administrative procedures, including licensing procedures.

Opportunity to Comment and Information before Entry into Force and consultations with stakeholders: • There is no legal basis requiring consultations on draft trade and customs laws, regulations, policies and procedures. • Limited trade consultations do currently take place; these need to be formalized, institutionalized and strengthened to provide transparency, broad

participation and a proactive approach. Advance rulings: • Lebanon provides for advanced rulings in its Customs law of 2002 under Article 32. However, the scope of advanced rulings is restricted to rules

of origin. • The Customs law does not clearly set out that a ruling shall be binding on Customs. • The wording of Article 32 (3) appears to restrict Lebanon’s ability to make publicly available any information on advance rulings. Appeal or review procedures: • Articles 153 to 165 of the Lebanese 2002 Customs law provide procedures for appeals. • The Customs law does not appear to require Customs to provide reasons for adverse decisions, or actions to enable persons to make an effective

appeal. Approved Operator: • Lebanon does not operate an AO program at the present time. Border Agency Cooperation: 1) Internal Border Agency Cooperation: • There are no specific provisions in the Lebanese Customs Code or other laws related to formal internal border agency cooperation. • Nevertheless, the European Union is assisting Lebanon on steps towards integrated border management in cooperation with the Lebanese Armed

Forces, the Internal Security Forces, the Directorate General of the General Security, the Directorate General of the Lebanese Civil Defense, and the Lebanese Customs Administration. Phase II of the “Enhanced Capability for Integrated Border Management in Lebanon” was completed in December 2018.

2) External Border Agency Cooperation: • There are no provisions in law authorizing formal external border agency cooperation. • Security concerns dominate border controls, including controls over cross-border trade. • Periodic conflicts along the Israeli border and security concerns related to conflict and instability in Syria, have limited border cooperation. • However, there is limited cross-border cooperation with Syria. Hours of operations for commercial cargo are generally aligned (one-hour gap). Institutional Arrangements – National Committee on Trade Facilitation: • Lebanon established the National Trade and Transport Facilitation Committee (NTTFC) under the Council of Ministers' Decision No. 58 in 2006.

Regrettably the Committee functioned only until 2008. Meetings have not been held since. Libya Transparency: Publication, information through internet, and enquiry points:

• All laws must be published in the Official Gazette prior to their coming into effect. The Official Gazettes are published on the Ministry of Justice website.

• Most trade-related laws can be found on various Ministry and Authority websites although only in Arabic.

14

• The sublegal acts covering trade matters are not published in the official gazette and the legal regime does not require publication by customs of regulations, duties, fees, import and export procedures, or customs authority decisions. Some sublegal acts can be accessed on-line via various government websites, such as Libya Customs, Ministry of Finance, and Ministry of Trade, Economy and Industry, but not all relevant information is available in practical form or easily accessible manner.

• No single enquiry point exists which provides a quick, easy, consolidated, comprehensive information source on trade and customs. Opportunity to Comment and Information before Entry into Force and consultations with stakeholders: • There are no legal provisions requiring the legislature or the regulatory authorities to notify the general public of a perspective rule

change, to publish the texts of proposed business laws and regulations or to otherwise make them publicly available at any point in the legislative process.

Advance rulings: Libya Customs law No 10 does not provide for an advance ruling mechanism. Appeal or review procedures: • Article 201 of the Customs law No 10 allows concerned parties to submit an appeal against any fines imposed by letter or electronically,

to the Director-General within fifteen-days of their notification. The Director-General may endorse, amend, or cancel the fine. • Article 202 of the Customs law No 10 allows for the decisions of the Director-General to be appealed before the judiciary within fifteen

days from their announcement. The subsequent court’s judgment is final and un-appealable. • Article 213 of the Customs law No 10 provides for a customs dispute resolution committee to arbitrate disputes over value, origin, and

tariff. The committee comprises a judge of an equivalent grade to a court of first instance president, a delegate from the Customs Authority as a member, and the concerned person or his representative.

• The Customs law No 10 does not stipulate a timeframe for Customs to respond to appeals or require them to provide reasons for adverse decisions or actions to enable persons to make an effective appeal.

• There is no reference or guidance to the appeal process on the customs website. • Approved Operator: • Libya does not operate an AO program at the present time. Border Agency Cooperation: 1) Internal Border Agency Cooperation: • Inter-agency cooperation is not formalized in the Customs Law No. 10 of 2010, or in other laws. • Border management involves a number of different agencies under different Ministries. Several different organisations, such as the

Libyan National Police, the General Directorate for Central Security, the CIS, the Temporary Joint Task Force, the Counter Narcotics Directorate, the GID, the Libyan Intelligence Service and the Libyan Customs' General Directorate for Anti-Smuggling and Enforcement, have a role in border security and control.

• An inter-ministerial National Team for Border Security and Management (NTBSM) (established by the Presidential Council under decree 373 25 October 2016) has the overall responsibility to coordinate policies and strategies between the various border agencies. There is also a Border Management Working Group which laid dormant, but was re-activated with EUBAM support.

• It is envisaged that some inter-agency coordination does take place under the auspices of LTNET although examination of their website (www.Itnet.ly) suggests there has been very little activity undertaken to date. The lack of activity appears to have been reinforced by the announcement in December 2018 of a new project "Libyan Trade Network, For Online Foreign Trade".

15

• There is no formal coordination of the controls conducted by the various agencies exercising regulatory control over the import or export of goods. These agencies include the Libyan Customs, Ministry of Agriculture and Libyan National Centre for Standardization and Metrology.

• The European Union is providing technical assistance to Libya on border management through FRONTEX and EUBAM. This assistance mainly relates to human migration and security, rather than the facilitation of trade in goods.

2) External Border Agency Cooperation: • The inter-ministerial National Team for Border Security and Management has a mandate to coordinate with neighbouring countries.

However, at this time security and migration concerns dominate the cross-border dialogue as opposed to trade facilitation. • The Conseil Permanent Consultatif du Maghreb was established in 1964 between the five Maghreb states Algeria, Libya, Mauritania,

Morocco, and Tunisia. The main objective was to coordinate and harmonize the development plans of the five countries and foster interregional trade and relations with the EU. Customs cooperation was a key element for increasing the effectiveness of customs controls and facilitating trade. Unfortunately, significant progress on coordination of external border agencies has yet to be achieved under this process.

• Article 224 of the Customs Law No 10 gives the Libyan Customs' the right to enter into any agreements with the customs authorities of neighbouring countries in order to facilitate the implementation of the provisions of the law and the customs laws in force in the other countries.

• The Libyan Customs signed a number of customs cooperation agreements before the revolution with neighbouring countries (e.g. Tunisia, Algeria, etc.) and it is reported that they are willing to sign further agreements with EU countries such as Italy and the U.K, with a particular focus on the exchange of information.

• Libya is also a member of several regional trade regimes. The Common Market for Eastern and Southern Africa (“COMESA”) is a comprehensive “customs union” and trade agreement between Burundi, Comoros, Democratic Republic of the Congo, Djibouti, Egypt, Eritrea, Ethiopia, Kenya, Libya, Seychelles, Madagascar, Malawi, Mauritius, Rwanda, Sudan, Swaziland, Uganda, Zambia, and Zimbabwe.

• There is scope to improve the alignment of working hours etc., with neibouring border agencies. At the present time, all government departments shut down on Fridays and Saturdays every week and the working hours for the remaining five days (Sunday to Thursday) are only from 8.00 am to 3.00 pm. However, the Customs Law No 10 Article 194 does allow the Customs Authority to approve officers to work outside of official hours on payment of a fee for the services provided.

• Recently, a pilot was launched to establish a one stop border post between Tunisia and Libya at Ras Jedir border crossing point. Institutional Arrangements – National Committee on Trade Facilitation: • The LTNET, established by the Council of Ministers under resolution No. (313) in 2012 under the Ministry of Economy, has responsibility

to regulate and help simplify the international trade process. Its role is to work with different related public and privet sector institutions such as: the Banking sector led by the Central bank of Libya (CPL); Libyan Customs Authority; Libyan Ports Authority; The Food and Drug Control Center (FDCC); Chamber of Commerce, Industry and Agriculture; Shipping Lines; Trade Firms and other organizations related to trade – to promote trade.

MOROCCO Transparency: Publication, information through internet, and enquiry points: • There are no provisions in law requiring the publication of trade and customs information. • However, the website of the Administration of Customs and Indirect Tax provides informative instructional guidance on customs requirements.

Trade information pertaining to other ministries and agencies is not provided in a well-organized and transparent manner.

16

• No single enquiry point exists, no consolidated, comprehensive information source exists on trade and customs. Opportunity to Comment and Information before Entry into Force and consultations with stakeholders: • There is no legal basis requiring consultations on draft trade and customs laws, regulations, policies and procedures. • Nevertheless, trade consultations do currently take place; these need to be formalized, institutionalized and strengthened to provide greater

transparency, broader participation and a more proactive outreach approach. • Draft trade laws, regulations, policies and procedures should be given wider circulation through the internet and other means. Advance rulings: • Of the 6 countries reviewed, Morocco is substantially compliant with the provisions of the TFA regarding advanced rulings. • There is a transparent, formal procedure whereby exporters and importers can obtain, from the Customs Department, any information on the

tariff classification of goods, their origin and the relevant valuation method. Appeal or review procedures: • Article 22 of Customs Code and Indirect Taxes (carrying law n ° 1-77-339 - 9 October 1977) as modified in particular by the law n ° 02-99 (June 5,

2000) provides procedures for appeals. These substantially follow the TFA provisions. • One major area of omission is that the Customs law does not appear to require Customs to provide reasons for adverse decisions or actions to

enable persons to make an effective appeal. Approved Operator: • Customs launched an AEO program in 2006 and presently there are 439 operators in the program. It covers imports and exports and allows

importers, exporters and logistics operators (brokers, carriers, express carriers, and warehouse keepers) to participate. • The scope of the program, and the fact that there are no criteria restricting participation of SMEs, appear to be encouraging participation. Border Agency Cooperation: 1) Internal Border Agency Cooperation: • Inter-agency cooperation is not formalized in the Customs Code and Indirect Taxes Law n ° 1-77-339, 9 October 1977, as modified and

supplemented, in particular, by Law ° 02-99, June 5, 2000, or in other laws. • Nevertheless, the Moroccan automated information processing system called “PortNet” has made it possible to synchronize the controls conducted

by the various border agencies, and to strengthen management of fraud risks both at customs level and with regard to conformity with technical, sanitary and phytosanitary standards.

• The European Union is providing financial and technical assistance to Morocco on border management but this assistance pertains mainly to human migration, rather the facilitation of trade in goods.

2) External Border Agency Cooperation: • Some exchange of information has been established under the Agadir Agreement with Jordan. • Borders with Spain (Cueta) and Algeria are often closed because of security concerns. • Morocco is a member of the Conseil Permanent Consultatif du Maghreb. Institutional Arrangements – National Committee on Trade Facilitation: • The National Commission on Simplification of International Trade Procedures was established in 1986 under instruction No. 4/1149 by the Prime

Minister’s Office. However, in order to ensure effective legal status, a draft decree of the institutionalization of the commission was prepared in May 2017 for adoption by the Council of Government.

TUNISIA Transparency: Publication, information through internet, and enquiry points:

17

• There are no legal provisions requiring the publication of trade and customs information. • Informational websites exist with current news and question and answer services but specific practical and comprehensive guidance on trade and

customs is not available. • No single enquiry point exists, no consolidated, comprehensive information source is available on trade and customs requirements. Opportunity to Comment and Information before Entry into Force and consultations with stakeholders: • There is no legal mandate requiring consultations on draft trade and customs laws, regulations, policies and procedures. • Nevertheless, some trade consultations do currently take place; these need to be formalized, institutionalized and strengthened to provide

transparency, broad participation and a proactive outreach approach. Advance rulings: • Tunisia does not yet provide an advance ruling mechanism in accordance with the requirements of the TFA. Appeal or review procedures: • Limited appeal provisions are provided in Articles 20, 122 and 330 of the law No 34/2008 dated 2 June 2008. • The Customs law does not appear to require Customs to provide reasons for adverse decisions or actions to enable persons to undertake an

effective appeals process. Approved Operator: • Customs launched an AEO program in 2010 and presently there are 36 operators in the program. It covers Industrial (manufacturers) and services. • The program criteria restrict SME involvement. • No work to establish the program in all the other agencies operating at the border has been undertaken thus far. Border Agency Cooperation: 1) Internal Border Agency Cooperation: • There are no provisions in law authorizing formal internal border agency cooperation. • Nevertheless, the EU is assisting Tunisia with integrated border management in cooperation with Ministry of the Interior (including the Directorate

for Borders and Foreigners and the Directorate General of Border Guards) Customs, National Defense and different sanitary inspectorates on: o Implementation of a coordinated national policy on integrated border management, in order to contribute to the strengthening of the

capacity of the national authorities in the fight against transnational crime, and the prevention of irregular migration; and o Modernization and strengthening of the national authorities in charge of border control at the land, sea and air Border Crossing Points,

and in charge of border surveillance. 2) External Border Agency Cooperation: • There are no legal provisions authorizing formal external border agency cooperation. • Nevertheless, the Tunisian Trade Net has assisted in establishing interconnectivity with the EU Customs for ENS messaging which supports risk

assessment before arrival. Some exchange of information has also been established amongst the Agadir Agreement countries and with Jordan. • Security concerns continue to dominate cross-border trade. • Tunisia is a member of the Conseil Permanent Consultatif du Maghreb. • Borders with Algeria and Libya are frequently closed. • Recently, a pilot was launched to establish a one stop border post between Tunisia and Libya at Ras Jedir border crossing point. Institutional Arrangements – National Committee on Trade Facilitation: • A NCTF focused on trade facilitation has not yet been established.

18

• A legal basis for the NCTF needs to be confirmed/adopted. A NCTF needs then to be inaugurated. YEMEN Transparency: Publication, information through internet, and enquiry points:

• There are no provisions in law requiring the publication of trade and customs information. • There is a dearth of trade and customs information provided in any format. • No single enquiry point exists, no consolidated, comprehensive information source on trade and customs is provided. Opportunity to Comment and Information before Entry into Force and consultations with stakeholders: • There is no legal basis requiring consultations on draft trade and customs laws, regulations, policies and procedures. • Informal trade consultations have been inaugurated. • Wider circulation required through the internet and other means. Advance rulings: • Yemen does not yet provide an advance ruling mechanism in accordance with the requirements of the TFA. Appeal or review procedures: • Articles 76 to 80 of the Customs Law of Yemen (No 12 of 2010) provide procedures for appeals. However, if the decision of the appeal panel is

referred to the “Committee”, the law does not specify a time limit on the Committee’s decision. • The law does not appear to require Customs to provide reasons for adverse decisions, or actions to enable an effective appeal. Approved Operator: • A pilot AO (trusted trader) program is being developed for trial in Aden ports. It is to be launched in the first half of 2019. • It will only cover large importers at the beginning. Border Agency Cooperation: 1) Internal Border Agency Cooperation: • Inter-agency cooperation is not formalized in the Customs Law of Yemen No 12 of 2010, or other laws. • There has been some recent progress in inter-ministerial or inter-agency coordination facilitated by USAID MEG/YESS. 2) External Border Agency Cooperation: • External border agency cooperation is not specifically authorized in law. • However, hours of operations are aligned between Yemen and Saudi Arabia and Oman. These working hours are extended when necessary,

especially during seasons of increased imports like Eid, Ramadan, and the Haj/pilgrimage. • Despite the security situation, dialogue is ongoing to further facilitate cross border cooperation between Yemen and its two neighbors to facilitate

the flow of critical goods essential for alleviating the current dire humanitarian situation. Suggestions have been made by USAID MEG/YESS to establish a single border stop at the Wadiya border with Saudi Arabia in order to accelerate the flow of essential goods and increase handling capacity at this important border crossing point.

Institutional Arrangements – National Committee on Trade Facilitation: • The draft legal basis for the NCTF in Yemen needs to be approved/adopted.

19

ANNEX B - CONFORMITY RECOMMENDATIONS Exhibit 2 provides a summary of all recommended interventions for each of the WTO TFA provisions under this study for respective countries.

EXHIBIT 2 - CONFORMITY RECOMMENDATIONS

PROVISIONS COUNTRY RECOMMENDATIONS

Publication, information through internet, and enquiry points

All Countries Adopt clearer legal provisions respecting external trade for the mandatory publication and availability of information.

Establish a single Enquiry Point under the trade ministry that is responsive to all enquiries required under all WTO agreements including TFA, TBT, SPS, ACV, and GATS, as well as for customs procedures and trade requirements of other ministries and agencies.

Develop and activate an on-line Trade Portal - a consolidated source for comprehensive trade and customs information (for Jordan and Morocco, expand the existing portals).

Opportunity to Comment and Information before Entry into Force and consultations with stakeholders

All countries • Establish a formal process that would provide an opportunity to comment on draft legislation and trade policies and procedures; drafts should be given wider circulation via the internet and other means.

Egypt, Jordan, Morocco

• These countries should revise their ToRs and strengthen their current NCTF procedures to allow transparent and proactive consultations and encourage broader participation.

Iraq, Lebanon, Libya Tunisia, Yemen

• Establish formal consultative groups, preferably within the framework of NCTFs, in line with the TFA. Consultations should be one of the main focuses of the NCTFs to be established in these countries.

Advance Rulings

All Countries • Amend customs laws to ensure full alignment with the TFA covering classification, origin, and valuation advance rulings, and develop sub legal acts to ensure transparent and effective procedures for advance rulings.

• Establish a formal Advance Ruling Unit within Customs. • Develop an e-advance ruling system. • Publish ruling letters in their entirety, with the applicant's consent,

on the Customs Website. • Build customs capacity on processing advance rulings requests. • Develop and publish (including on customs and centralized

website) public outreach materials and build private sector awareness to maximize benefits from such facility.

| 20

Procedures for Appeal and Review

All Countries • Amend the Customs Law and trade related laws to incorporate unequivocal provisions for rapid access/decisions on administrative appeals in line with the TFA provisions covering customs and technical controls (SPS and TBT).

• Establish an e-Appeal system5. • Develop and publish (including on customs and centralized

websites) public outreach materials and build private sector awareness to maximize benefits from such a facility.

Trade Facilitation Measures for Authorized Operators

All countries, excepting Morocco6

• Amend customs laws of respective countries to strengthen the legal framework concerning AO/AEO operations.

• Improve customs capacity on risk management within the context of granting AEO status.

• Improve compliance strategy and build related capacity in selected countries.

• Expand current AEO programs to include other border agencies. • Develop and publish a practical guide for stakeholders on the new

programs and associated procedures (once implemented). • Develop and publish (including on customs and centralized

website) public outreach materials and build private sector awareness to maximize the benefits from such a facility.

• Ensure that AO/AEO criteria do not limit participation of SMEs, such as the case currently in Egypt, Jordan, and Tunisia.

• All the aforementioned country actions should be seen as a pre-requisite for the longer-term goal of establishing a mutual recognition arrangement for SME AEOs operating in the Agadir Agreement area.

Border Agency Cooperation: internal and cross-border

All countries • Internal Agency Cooperation o Develop and adopt a firm legal basis for inter-agency

coordination. o Amend the legal framework governing trade to delineate

authorities of border agencies and eliminate any overlapping responsibilities.

• External Agency Cooperation o Ensure that current legislation fully provides Customs

and/or other border authorities with the authority to

5 Except for Jordan where an e-appeals system has been already introduced. 6 All recommendations are to be implemented to the required extent for these countries whereas they are fully required for

Yemen and Lebanon (except that the AO unit has been established in Yemen and proper outreach materials developed).

21

enter into international agreements for mutual assistance and/or border control activities.

o Align working hours and procedures and formalities on both sides of a major border.

o Integrate national electronic single windows, once developed, into a regional Single Window over the long-term.

o Establish a system for electronic data interchange to support pre-arrival processing over the long term.

Jordan, Libya Morocco, and Tunisia

• Enhance existing electronic trade single windows pursuant to aforementioned inter-agency reforms.

Egypt, Iraq, Lebanon, Yemen

• Develop electronic trade single window.

National Committee on Trade Facilitation

All countries • Establish Secretariat for the NCTF within the ministry in charge of WTO monitoring/compliance.

• Ensure broader institutional participation, including representatives of SMEs.

• Adopt an operating procedures guide for NCTF effectiveness, based on international best practice standards.

• Require publication of summaries of meeting results to promote broader stakeholder understanding and wider participation.

Egypt, Jordan, Lebanon, Morocco, Tunisia, and Yemen

• Develop work plan for TFA implementation.

Egypt, Jordan, and Morocco

• Revise the ToR for all existing NCTFs to comprehensively reflect best practices for composition, functions, and operations.

Egypt, Tunisia, and Yemen

• Complete all TFA notifications.

Yemen • Adopt the draft legal framework for the NCTF.

Lebanon and Tunisia

• Develop and adopt the legal framework for the NCTF.