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1 A UN Treaty for Digital Trade Facilitation: Framework Agreement on Facilitation of Cross-border Paperless Trade in Asia and the Pacific International Conference on Cross-border Paperless Trade: Single Window in the Context of New Technological Wave 7 - 8 December 2017 Moscow, Russian Federation Sangwon Lim Trade, Investment and Innovation Division United Nations ESCAP

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Page 1: AUNTreaty for Digital Trade Facilitation: Framework ...€¦ · Facilitation of Cross-border Paperless Trade in Asia and the Pacific International Conference on Cross-border Paperless

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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

Page 2: AUNTreaty for Digital Trade Facilitation: Framework ...€¦ · Facilitation of Cross-border Paperless Trade in Asia and the Pacific International Conference on Cross-border Paperless

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

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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

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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