AN EXPLORATION OF THE NEED FOR AND COST OF SELECTED TRADE FACILITATION MEASURES IN ASIA AND THE PACIFIC IN THE CONTEXT OF THE WTO NEGOTIATIONS

12 An exploration of the need for and cost of selected trade facilitation measures in Asia and the Pacific in the context of the WTO negotiations

2. Time period between publication and implementation

Many of the country studies report problems in this area (see table II.1). Bangladesh
Customs appears not to publish all relevant information or regulatory changes in advance
of their entry into force. In India, entry into force generally starts after online publication on
the relevant agency’s website - which is almost instantaneous, but often long before paper
publication of regulations. The laws in Bangladesh, Nepal, and Indonesia reportedly do
not specify a set time period between publication and implementation. However, a grace
period of at least 30 days is reported between adoption of a new regulation and its
implementation in Indonesia. A minimum 30-day period between publication and enforcement
appear to be generally enforced in China.

3. Consultation and commenting on new or amended rules

Key government agencies involved in trade facilitation appear to have some
consultation with the private sector, even if the consultation process is not institutionalized.
The public-private sector consultation mechanism on trade facilitation seems to be most
institutionalized in Nepal and least in Indonesia. While the private sector is often - but
generally not systematically- given opportunities to comment on proposed changes and
amendments, as reported in the cases of China and India, joint public-private development
of trade facilitation mechanisms is not common place. In Bangladesh, the Customs
Authority invites proposals for new or amended rules from private sector and other interested
parties every year between December and January. However, the Government retains
sole authority to accept or reject any proposal.

4. Advance ruling

Many countries provide some advance ruling facilities, with the exception of Nepal
(see table II.2). In Indonesia, legally binding advance rulings on valuation is sometime
provided (valid for a period of 6 months) and an electronic application system for determining
goods classification has been made available to traders. In India, an Authority for Advance
Rulings started functioning in April 2003 but its activities have been limited. India and
China are however equipped and do provide some binding rulings on valuation and
classification. Given the reported existence of binding ruling systems in many of the
countries examined, the reluctance of some developing countries in negotiating on advance
ruling as part of Article X may not be fully warranted.

5. Appeal procedures

Appeal procedures exist in all countries studied but vary from one country to
another (see table II.2). China, Indonesia and India do not generally allow for goods to be
released in the event of an appeal. In Bangladesh and Nepal, release of goods is possible
as long as a security deposit equal to the amount of import duties being appealed is paid.
While, in most countries, traders have multiple channels of appeal (internal and external
appeals), the procedures are often complex, time consuming and expensive. The number
of pending cases in India appears problematic while in Nepal, the number of cases is

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