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A UN Treaty for Digital Trade Facilitation: Framework Agreement on Facilitation of Cross-border Paperless Trade in Asia and the PacificInternational Conference on Cross-border Paperless Trade: Single
Window in the Context of New Technological Wave
7 - 8 December 2017Moscow, Russian FederationSangwon LimTrade, Investment and Innovation DivisionUnited Nations ESCAP
Facilitating cross-border paperless trade brings tangible economic benefits
Annual regional export gains : $36 bn (for partial implementation) to $257 bn (full implementation)
Export time reduction: 24% to 44%Export cost reduction: 17% to 31%Total direct cost savings across all trade: $1bn to $7bn annually
Source: http://www.unescap.org/resources/estimating-benefits-cross-border-paperless-trade
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Exchanging electronic data across borders - still a challenge
Ship
Prepare
for
ExportExport
Prepare
for
Import
ImportTransport
Pay
Buy
Border* Used part of UN/CEFACT Buy-Ship-Pay Model
Exporting Country Importing Country
Goods
Information
Finance
Challenges to moving forward on cross-border paperless trade
� Adoption of common International Standards� Harmonization of legal frameworks� Capacity gaps among the parties (infrastructure & HR)� Cooperation between public and private sectors� Lack of intergovernmental coordination mechanism
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Framework Agreement on Facilitation of Cross-border Paperless Trade in Asia and the Pacific� A new UN digital trade facilitation
treaty developed by ESCAP member states
� Support moving towards digital economy and society
� Support effective implementation of WTO TFA
http://www.unescap.org/resources/framework-agreement-facilitation-cross-border-paperless-trade-asia-and-pacific
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� ScopeOpen to interested (53) ESCAP member states (voluntary) to become parties
� ObjectiveTo facilitate cross-border paperless trade (data exchange) among willing ESCAP member states by providing a dedicated intergovernmental framework to develop legal and technical solutions
� 4 year step-by-step development process (ESCAP resolutions 68/3,70/6,72/4)
� Over 30 countries directly involved in finalizing the treaty text in March 2016
RegionalStudy
Negotiation &
Finalization
Expert Review & Member
Consultations
Adoptionby the
Commission
2012 2013 2013 - 2016 19 May 2016
Framework Agreement on the Facilitation of Cross-Border Paperless Trade in Asia and the Pacific: Overview
Sep. 2017
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* Framework Agreement and WTO TFA Implementation
The Framework Agreement (FA) helps implementation of certain provisions of the WTO TFA in an efficient and value-added manner.
WTO TFA Provisions FA ContributionARTICLE 1: PUBLICATION AND AVAILABILITY OF INFORMATION
Yes
ARTICLE 7: RELEASE AND CLEARANCE OF GOODS YesARTICLE 8: BORDER AGENCY COOPERATION YesARTICLE 10: FORMALITIES CONNECTED WITH IMPORTATION, EXPORTATION AND TRANSIT
Yes
ARTICLE 11: FREEDOM OF TRANSIT YesARTICLE 12: CUSTOMS COOPERATION Yes
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Framework Agreement on Facilitation of Cross-border Paperless Trade in Asia and the Pacific: Update
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PreambleArticles 1 to 16: Substantive clausesArticle 1: ObjectiveArticle 2: ScopeArticle 3: DefinitionsArticle 4: InterpretationArticle 5: General principlesArticle 6: National Policy Framework, Enabling Domestic Legal Environment and Paperless Trade CommitteeArticle 7: Facilitation of Cross-border Paperless Trade and Development of national Single Window(s)Article 8: Cross-border Mutual Recognition of Trade-related Data and Documents in Electronic FormArticle 9: International Standards for Exchange of Trade-related Data and Documents in Electronic FormArticle 10: Relation with Other Legal Instruments Enabling Cross-Border Paperless TradeArticle 11: Institutional ArrangementsArticle 12: Action PlanArticle 13: Pilot Projects and Sharing of Lessons LearnedArticle 14: Capacity BuildingArticle 15: Implementation of the present Framework AgreementArticle 16: Other agreements in forceArticles 17 to 25: Final clauses
Framework Agreement on Facilitation of Cross-border Paperless Trade in Asia and the Pacific: Contents
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Framework Agreement
General Principles (Art. 5)
Parties
Institutional Arrangements
(Art. 11)
ActionPlan
(Art. 12)
PilotProjects(Art. 13)
CapacityBuilding(Art. 14)
Domestic Paperless Trade
Environment(Arts. 6 & 7)
Int’l Standards(Art. 9) & Legal
Instruments(Art. 10)
Cross-border Mutual Recognition
(Art. 8)
Framework Agreement on Facilitation of Cross-border Paperless Trade in AP: Conceptual Operation
Guides
Participate inImprove
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TechnicalGap
ChecklistLegal GapChecklist
IndividualAction Plan
1) Implementing Action Plan (Illustrative on developing an individual action plan)
CollectiveAction Plan
DraftRoad Map
IndividualAction Plan
IndividualAction Plan
IndividualAction Plan
IndividualAction Plan
Paperless TradeCouncil
& Standing Committee
OtherTools
Party A
Party B
Party C
Party D
Party X
Refer to
Develop
Utilize
Conduct Readiness Assessment and Develop
Conduct Readiness Assessment and Develop
Conduct Readiness Assessment and Develop
Conduct Readiness Assessment and Develop
Conduct Readiness Assessment and Develop
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Article 14Capacity-building
1. The Parties may cooperate to provide technical support and assistanceto each other in order to facilitate the implementation of the presentFramework Agreement.2. The Parties may collaborate on capacity-building through theinstitutional arrangements established under the present Framework Agreement.3. The Parties shall give special consideration to requests from leastdeveloped and landlocked developing countries for technical assistance andcooperation arrangements designed to assist them in developing theirpaperless trade capacity and in taking full advantage of the potential benefitsof the present Framework Agreement.4. The Parties may invite development partners for more effectivetechnical and financial assistance in the implementation of the presentFramework Agreement.
2) Capacity building
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Source: The second global survey on trade facilitation and paperless trade implementation (2017)Note: ESCAP is still receiving feedback from some member countries on data validation. Therefore, the results may be further – probably slightly – revised in the final report to be issued in the coming months.
*Implementation of trade facilitation in Asia and the Pacific (ESCAP member states)
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Article 18Procedure for signing and becoming a Party
1. The present Framework Agreement shall be open for signature byESCAP member States at United Nations Headquarters in New York from 1 October 2016 to 30 September 2017.
2. ESCAP member States may become Parties to the present Framework Agreement by:
(a) Signature, followed by ratification, acceptance or approval; or(b) Accession.
3. Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument with the Secretary-General of the United Nations.
Procedure for Becoming a Party: Provision in the FA
15Source: UN Treaty Collection (https://treaties.un.org/Pages/Content.aspx?path=Publication/ModelInstruments/Page1_en.xml)
Procedure for Becoming a Party: Model Instrument of Accession
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More information: Webpage on the FA
http://www.unescap.org/resources/framework-agreement-facilitation-cross-border-paperless-trade-asia-and-pacific
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Thank youwww.unescap.org/our-work/trade-
investment/trade-facilitation
unnext.unescap.org
http://communities.unescap.org/cross-border-paperless-trade-facilitation