Reaffirming the key importance of trade facilitation in achieving the Bogor
goal of free and open trade and investment in the Asia-Pacific, in providing
significant benefits for both governments and business, and in generating welfare
gains for the economy as a whole;
Recognizing that APEC's trade facilitation work plays an important role in
improving business conditions in the region by creating a climate that increases
trading opportunities and helps business, including SMEs, to save time and reduce
costs;
Recognizing that in facilitating trade there should be sufficient, and no more
burdensome or restrictive than necessary, compliance with legitimate policy
objectives, such as protection of health and safety, and protection against
unlawful activities, such as commercial fraud and trafficking in illegal goods;
Noting APEC's unique approach in advancing trade facilitation goals on a voluntary
basis and in a cooperative manner with the business sector through the process
of individual and collective actions;
Recognizing and drawing upon the advances already made by different fora and
sub-fora of APEC on trade facilitation, and taking into account trade facilitation
work elsewhere (e.g. the World Trade Organization) with a view to avoiding duplication;
Noting that the development of a set of general principles on trade facilitation
can provide a stronger focus for APEC's future work on trade facilitation, add
value to trade facilitation initiatives elsewhere, and assist policy makers
and executors of APEC member economies in formulating and implementing trade
measures which are pro-business;
Noting that trade facilitation generally refers to the simplification, harmonization,
use of new technology and other measures to address procedural and administrative
impediments to trade;
Recognizing that the development of trade facilitation principles is guided
by the general principles of APEC in the Osaka Action Agenda;
Recognizing that the principles are non-binding and their implementation by
each member economy is voluntary, taking into account the different levels of
economic and technological development among APEC economies, and their diverse
circumstances, including different legal frameworks, starting points and development
objectives;
Recognizing the importance of technical assistance and cooperation in APEC
and their relevance in the application of the principles by individual member
economies in view of their different levels of development, and acknowledging
APEC's role in making available appropriate capacity building programmes to
assist developing members in creating a more conducive business environment;
Recognizing that some specific elements relating to trade facilitation are
also reflected in the existing WTO framework;
Transparency
Information on policies, laws, regulations, administrative rulings, licensing,
certification, qualification and registration requirements, technical regulations,
standards, guidelines, procedures and practices relating to trade in goods and
services (hereinafter referred to as rules and procedures relating to trade)
should be made available to all interested parties, consistently and in a timely
manner, through readily accessible, widely available medium at no cost or a
reasonable cost.
Illustrative Examples :
Making available to all interested parties
up-to-date information on rules and procedures relating to trade through publications
and electronic homepages, and launching publicity on these avenues.
Providing as much information as possible
on rules and procedures, and details of enquiry points, in economies? e‑IAPs.
Communication and Consultations
The authorities should strive to facilitate and promote effective mechanisms
for exchanges with stakeholders, especially business and the trading community,
and stakeholders? views should be duly taken into account in the process. Where
appropriate, opportunities should be provided for consultation with stakeholders
when formulating, implementing and reviewing rules and procedures relating to
trade, and the authorities should make known their positions.
Illustrative Examples :
Setting up customer liaison groups to
collect views of stakeholders on services relating to trade.
Consulting appropriate industry representatives,
consumer group representatives and sectoral/professional bodies in developing
regulations or standards ? to increase the degree of confidence on all sides
that the reasons for regulation are clearly understood, and to heighten the
likelihood of compliance with measures once they are introduced.
Having discussions or dialogue sessions
with stakeholders prior to formulating new rules and regulations related to
trade.
Encouraging standing public-private sector
dialogue and/or cooperative arrangements between Customs authorities and stakeholders,
and setting up Customs inquiry points through the use of web-sites, help-desks
and other avenues to communicate with stakeholders on Customs services relating
to trade.
Simplification, Practicability and Efficiency
Rules and procedures relating to trade should be simplified to ensure that
they are no more burdensome or restrictive than necessary to achieve their legitimate
objectives, as well as practicable and applied in an efficient manner.
Illustrative Examples :
Minimizing documentation and procedural
requirement and providing one stop shopping services or coordinating centres.
Providing expeditious clearance for traders
who have met the criteria specified by Customs, or implementing post audit clearance
system.
With regard to the regulation of services
sector, drawing from ?best practice? case studies identified by APEC service-related
fora.
With regard to border measures of assessing
the conformance of commodities, following a published schedule, with a gradual
reduction in frequency (and costs levied on importers/exporters) to match a
continuing good compliance record.
Streamlining processing of business visas
and procedures for temporary residence of business people to improve business
mobility in the region.
Consistency and Predictability
Rules and procedures relating to trade should be applied in a consistent, predictable
and uniform manner with integrity so as to minimize uncertainty to the trade
and trade related parties. Rules and procedures relating to trade should provide
clear and precise procedural guidance to the appropriate authorities with standard
policies and operating procedures and be applied in a non-discretionary manner.
Illustrative Examples :
Issuing rulings to ensure consistent
and predictable administrative decisions.
Promulgating ?performance pledges? (e.g.
a pledge by the licensing authority to the public on the targeted maximum processing
time of a licence application) to ensure consistent and predictable service
standards.
Setting up a central body, such as Classification
Centre/Unit, so as to ensure consistent and uniform interpretation and applications
of specific rules and procedures in an economy.
Developing and using Codes of Conduct
on Integrity that focus on areas such as impartiality and avoidance of conflicts
of interest, and developing a strategic plan on the promotion of integrity.
Drawing on various themes as outlined
under the Arusha Declaration of the World Customs Organization in the management
of operations and personnel, including recruitment, training, internal staff
control and retention of staff.
Harmonization, Standardization and Recognition
While accepting the need of economies to regulate or set rules for legitimate
objectives such as protection of health, safety or public morals and conservation
of exhaustible natural resources, regulations, rules and procedures affecting
the acceptance of goods and services between economies and markets should be
harmonized as far as possible on the basis of international standards where
appropriate. The development of mutual recognition arrangements for standards
and conformity assessment results, and continuing cooperation on technical infrastructure
development, are encouraged. These can help reduce administrative and compliance
cost of business in obtaining access to international markets.
Illustrative Examples :
Implementing the Revised Kyoto Convention which aims at facilitating trade through, inter alia, harmonizing
customs procedures.
Implementing a harmonized system of customs
tariff classification, WTO valuation system and the ATA Carnet System.
Standardizing to the fullest extent possible
data requirements for procedures relating to trade by building on the work of
relevant international fora.
Participating in APEC and other regional
projects concerning the mutual recognition of professional qualification and
registration, such as the APEC Registers of Architects and Engineers.
Where rules and procedures differ between
trading partners, two trading partners, by mutual agreement, could perform an
assessment on the outcomes which each of the two systems is aiming to achieve.
As a result, agreement can be reached that there is sufficient equivalence of
outcome to accept that assurances from one partner are adequate to satisfy the
other's needs, without the industry or authorities following every step laid
down in the second partner's law.
Modernization and the Use of New Technology
Rules and procedures relating to trade should be kept under review, and updated
if necessary, taking into account changed circumstances, including new information
and new business practices, and based on the adoption, where appropriate, of
modern techniques and new technology. Where new technology is used, relevant
authorities should make best efforts to spread the accompanying benefits to
all parties through ensuring the openness of the information on the adopted
technologies and extending cooperation to authorities of other economies and
the private sector in establishing interoperability and/or interconnectivity
of the technologies.
Illustrative Examples :
Developing advanced risk management and
systematic cargo-profiling techniques by customs authorities with a view to
minimizing physical examination yet maintaining integrity of customs control.
Developing Customs systems which cater
for the submission of pre-arrival cargo information and post clearance audit
systems.
Maximizing the use of information technology,
such as computerization, electronic data interchange (EDI) and internet technology,
improving the delivery of trade-related administrative services, including the
use of secure on-line technology to facilitate certification procedures, and
providing an environment for paperless trading, for instance, that stipulated
in the APEC Blueprint for Action on Electronic Commerce.
Organizing technical assistance projects
and experience sharing sessions on modern techniques and new technologies used.
Due Process
Access to due process should be available to stakeholders in seeking redress
with respect to the implementation of rules and procedures relating to trade,
in accordance with the applicable legislation of member economies.
Illustrative Example :
Introducing clear appeal provisions in
the legislation.
Cooperation
The progressive introduction of measures conducive to trade facilitation is
best pursued by close cooperation among government authorities and business
and trading communities. Transparent, efficient and simplified trade facilitation
processes necessary to an open trade regime are furthered by close cooperation
and marked by open channels of communication and the exchange of information
between both governments and business. Aside from business and government partnerships,
governments should also work in partnership to focus on opportunities for increased
cooperation including : integrated technical assistance and capacity-building;
exchanges of best practices critical to implementing trade facilitation initiatives
and the coordination of positions concerning topics of common interest discussed
in the framework of regional and international organizations.
Illustrative Examples :
Trade-related administrations to consult,
engage and build cooperative partnerships with stakeholders in the international
movement of commercial goods including customs brokers; express consignment
industry; insurance providers; freight forwarders; shippers; warehouses etc.
Customs administrations or regional fora
such as APEC (SCCP) to develop cooperative, capacity-building measures in custom-related
areas such as, training; risk assessment; audit and verification frameworks;
customs laboratories; and electronic exchanges of information.
[1] The discrimination refers to inconsistency with either
the National Treatment or the MFN principle.
