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Comparative Toolkit
Study on Identifying Convergences and Divergences in APEC FTAs/RTAs
 
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Collapse 1. MARKET ACCESS1. MARKET ACCESS
Collapse General aspectsGeneral aspects
Conformity with GATT Art. XXIV
Scope and coverage
Definitions
National treatment
Adherence to GATT/WTO in National Treatment
Country- and/or sector-specific exceptions to national treatment
Conformity to multilateral rules on customs valuation (GATT art. VII)
Used goods
Safeguards
Other general aspects
Collapse Tariff EliminationTariff Elimination
Prohibition on retracting tariff elimination
Exceptions to restrictions
Provision for accelerating/consultations to accelerate tariff lowering
MFN treatment
Miscellaneous items, quotas and TRQs remaining after phase-outs
Collapse Non-Tariff MeasuresNon-Tariff Measures
General Provisions
Import and export restrictions and prohibitions
Import Licensing
Administrative fees and formalities
Conformity to GATT/WTO (Art. VIII:1) in fees and charges
Prohibition on customs user fees
Internal taxes and revenue duties
Export taxes
Subsidies
Quantitative measures
Other non-tariff measures
Collapse Special RegimesSpecial Regimes
Waiver of customs duties
Temporary admission of goods
Specification of types of goods for which temporary admission allowed
Consignment
Expeditious release
Re-exportation port can differ from importation port
Drawback and Duty Deferral
Export processing zones
Goods re-entered after repair or alteration
Duty-free entry of commercial samples of neglible value
Other special regimes
Collapse Other MeasuresOther Measures
Protection of distinctive products
Geographic indications
Merchandise processing fees
Treatment of digital products
State enterprises
Collapse Institutional ProvisionsInstitutional Provisions
Information sharing
Obligation to publish laws, fees, and other issues affecting trade (such as national import and export fees and taxes)
Ad-hoc consultations/consultation at the request of a party
Regular meetings
Sector-specific cooperation
Contact Points
Joint committee/council
Collapse AgricultureAgriculture
Treated separately from market access chapter
Treated in an independent section within the market access chapter
Scope and coverage
Definitions
Market access and tariff-rate quota issues
Export subsidies
Agricultural safeguards
Multilateral issues
Institutional issues
Other aspects
Collapse 2. RULES OF ORIGIN2. RULES OF ORIGIN
Collapse Origin Qualification CriteriaOrigin Qualification Criteria
Goods wholly obtained or wholly produced in the territory of one or more Parties
Goods produced exclusively from materials originating from the territory of one or more Parties
Goods produced from originating and non-originating materials
Other criteria
Change in tariff classification
Specific transformations
Regional value content
Transaction cost
Build-up - Build-down
Net cost
Specific requirements
Outward Processing
De Minimis
De minimis for textiles
Flexibility in origin requirements
Value of materials
Adjustments to value of materials
Collapse Drawback or Exemption from Customs DutiesDrawback or Exemption from Customs Duties
Duty drawback
Collapse AccumulationAccumulation
Accumulation
Originating treatment for inputs from non-member countries
Collapse Treatment of Certain Types of Merchandise and MaterialsTreatment of Certain Types of Merchandise and Materials
Fungible goods and materials
Sets and assortments
Accessories, spare parts and tools
Packaging materials and containers for retail sale
Packing materials and containers for shipment
Indirect materials used in production
Intermediate materials used in production
Automotive Regime
Goods resulting from assembly or mounting operations
Remanufactured or Repaired goods
Textiles and apparel
Excepted goods
Products for exhibitions
Collapse Non-Qualifying OperationsNon-Qualifying Operations
Non-qualifying operations
Collapse Direct Shipping, Transit and Transshipment and ReexportsDirect Shipping, Transit and Transshipment and Reexports
Direct shipping, transit and transshipment and reexports
Collapse Third Party InvoicingThird Party Invoicing
Third party invoicing
Collapse Special and Differential TreatmentSpecial and Differential Treatment
Differential treatment between countries
Collapse Declaration and CertificationDeclaration and Certification
Claims of origin
Declaration and certification
Issuing and validity of the origin certificates
Format of the origin certificate
Certifying entities
Obligations relating to importations
Obligations relating to exportations
Advanced rulings
Approved exporters
Record keeping requirement
Collapse Verification and ControlVerification and Control
Origin verification procedures
Confidentiality
Cooperation
Review and appeal
Collapse PenaltiesPenalties
Penalties
Collapse Administration of Rules Of OriginAdministration of Rules Of Origin
Competent authorities
Regulations
Application and Interpretation
Incorporation of modifications
Scope and coverage
Collapse DefinitionsDefinitions
Definitions
Collapse General ProvisionsGeneral Provisions
General Provisions
Collapse PuublicationPuublication
Publication
Collapse Release of GoodsRelease of Goods
Release of Goods
Collapse Use of Information TechnologyUse of Information Technology
Use of Information Technology
Collapse Risk AnalysisRisk Analysis
Risk Analysis
Collapse Express ShipmentExpress Shipment
Express Shipment
Collapse Other DispositionsOther Dispositions
Other Dispositions
Collapse 3. CUSTOMS PROCEDURES3. CUSTOMS PROCEDURES
Collapse Location of the Customs Procedures provisionsLocation of the Customs Procedures provisions
Location of the Customs Procedures provisions
Collapse General ProvisionsGeneral Provisions
Objectives
Scope and Coverage
Administration and Enforcement
Implementation of the Chapter
Collapse TransparencyTransparency
Publication and Notification
Publications that could impede law enforcement
Inquiry points
Implementation of this article
Collapse Customs procedures and facilitationCustoms procedures and facilitation
Customs Valuation
Consistency with international standards
Paperless trading
Automation
Risk management systems
Collapse Release and SecurityRelease and Security
Release procedures:
Release period
Use of information and communications technology
Release at point of arrival
Withdrawal of goods from customs
Other release procedures
Security procedures:
Provision of security
Instruments covering multiple entries
Other forms of security
Amount of security
Discharge of security
Implementation of this article
Collapse Temporary Admission/Transit/StorageTemporary Admission/Transit/Storage
Temporary Admission/Transit
Collapse Express ShipmentsExpress Shipments
Express shipments' procedures
Submission of information in advance
Single document covering all goods
Documentation required for the release
Release period
Waiver for low-value shipments
Other express shipments' procedures
Implementation of this article
Collapse Advance RulingsAdvance Rulings
Issuance of advance rulings
Tariff classification
Customs valuation
Drawback
Originating status
Re-entered goods
Party of origin
Quotas
Other
Procedures for issuing:
Request prior to the importation
Information required
Facts and circumstances on which it is based
Customs authorities' duties:
Request additional information
Issuance period
Explanation for the ruling
Declination to issue an advance ruling
Date of application
Same treatment and interpretation
Modification or revocation
Regional Value Content
Publication
Incorrect information based on good faith
False information
Implementation of this article
Collapse CooperationCooperation
General provisions
Exchange of information
Notifications
Cooperation on:
Implementation and operation of this and other agreements
Detection and prevention of unlawful imports or exports
Facilitating the flow of trade
Other issues
Request of information regarding unlawful activities
Reasonable suspicion of unlawful activity
Provision of information regarding unlawful activities
Consultations
Technical Advice
Other cooperation Issues
Implementation of this Article
Collapse ConfidentialityConfidentiality
Confidentiality
Collapse Review and AppealReview and Appeal
Review and Appeal
Collapse PenaltiesPenalties
Penalties
Collapse Committee Committee
Establishment of committee
Functions:
Monitor the implementation and administration of customs-related aspects
Trade facilitation
Agree modifications to customs-related aspects
Other issues
Meetings
Subgroups
Other issues
Collapse Uniform RegulationsUniform Regulations
Establishment of uniform regulations
Modification of uniform regulations
Collapse 4. SANITARY AND PHYTOSANITARY MEASURES4. SANITARY AND PHYTOSANITARY MEASURES
Collapse Location of the SPS provisionsLocation of the SPS provisions
Location of the SPS provisions
Collapse ObjectivesObjectives
Protection of human, animal or plant life or health
Implementation of relevant international agreements
Provide a forum for addressing SPS matters
Trade Facilitation
Mutual recognition and understanding of standards
Collapse Scope and CoverageScope and Coverage
Scope of the Chapter
Products or assessments of manufacturers
Relation to other Chapters
Collapse General ProvisionsGeneral Provisions
Affirmation of existing rights and obligations under the SPS Agreement and other international agreements
Consistency
Collapse International StandardsInternational Standards
International standards as a basis for SPS measures
Measures with higher level of protection
Measure not based on international standards
Participation in international standardizing organizations
Collapse Rights and Obligations Rights and Obligations
Right to adopt SPS Measures
Right to Establish Level of Protection
Scientific Principles
Non-Discriminatory Treatment
Unnecessary Obstacles / Disguised Restrictions
Collapse Harmonization and Equivalence Harmonization and Equivalence
Responsible bodies
Harmonization of SPS measures
Equivalence of SPS measures
Treatment of SPS measures adopted or maintained by an exporting Party
Access facilitation for inspection, testing and other relevant procedures
Other SPS-related issues
Collapse Risk AssessmentsRisk Assessments
Factors to take into account for the risk assessment
Establishment of the appropriate level of protection
Factors to take into account for the establishment of the level of protection
Provisional SPS measures
Phased application of SPS measures
Collapse Regional Conditions Regional Conditions
Adaptation of SPS measures to the characteristics of a specific area
Determination of pest-free or disease-free areas
Recognition of the exporting Party as a pest-free or disease-free area
Request for recognition of a pest-free or disease-free area
Different conditions
Equivalent conditions across pest-free or disease-free areas
Goods produced in low-pest or disease-prevalence area in the exporting Party
Pests and diseases common to both Parties
Regional vs. national distribution of diseases or pests
Collapse Control, Verification and ApprovalControl, Verification and Approval
Right to verify the compliment of the SPS measures
Control and verification procedures
Expeditiously and in no less favorable manner than for a like good of another country
Review of procedures
Publish or communicate the processing period
Duties of the competent bodies
Limit of information
Individual specimens or samples
Imposition of fees
Location of facilities at which the procedure is conducted
Review mechanism
Goods modified subsequent to a determination
Control or verification procedure at the level of production
Situations of non-compliance
Other procedure-related issues
Collapse Transparency and InformationTransparency and Information
Conditions to adopt or modify a SPS measure
Notify the other Parties
Information on the measure
Changes in SPS status
Allow other Parties to make comments
Emergency Measures
Adaptation period
Exchange of Information
Confidenciality
Collapse Technical Consultations & CommitteeTechnical Consultations & Committee
Establishment of a Committee on SPS matters
Committee's Objectives
Committee Representatives
Relationships between agencies
Functions
Monitor the compliance of the Chapter
Implementation of the SPS Agreement
Consult on and attempt to resolve matters related to SPS measures
Consult on issues for meetings of the WTO SPS Committee and other international fora
Enhance mutual understanding of each Party¿s SPS measures
Coordinate technical assistance programs
Reviewing progress on addressing SPS matters between the Parties¿ agencies
Science-based consultations
Enhance SPS conditions
Review priority market access interests
Report findings
Frequency of meetings and reports
Working Groups
Terms of reference / Operating Procedures
Consultations
Non-binding technical advice
Establishing inconsistency of a SPS measure
Collapse Technical cooperationTechnical cooperation
Provision of technical advice, information and assistance
Other cooperation issues
Collapse Contact PointsContact Points
Establishment of contact points
Collapse Dispute SettlementDispute Settlement
Recourse to dispute settlement
Collapse ImplementationImplementation
Implementation of the chapter
Collapse 5. TECHNICAL BARRIERS TO TRADE5. TECHNICAL BARRIERS TO TRADE
Collapse Location of the TBT provisionsLocation of the TBT provisions
Location of the TBT provisions
Collapse Objectives of the ChapterObjectives of the Chapter
Trade facilitation and implementation of the TBT Agreement
Complement bilateral agreements
Mutual recognition and understanding of standards
Collapse Reaffirmation of Rights and ObligationsReaffirmation of Rights and Obligations
Affirmation of existing rights and obligations under the TBT Agreement and other international agreements
APEC Information Notes on Good Regulatory Practice for Technical Regulation
Collapse Scope and CoverageScope and Coverage
Scope of the Chapter
Products and/or assessments of manufacturers of products
Exception to government procurement or SPS
Scope of the Sectoral Annex
Collapse International Standards International Standards
International standards as a basis for standards-related measures
Measures with higher level of protection
Decisions and Recommendations adopted by the WTO Committee
Collapse Trade FacilitationTrade Facilitation
Joint work to enhance the level of safety
Trade facilitation framework, including compatibility of standards-related measures
Compatibility of a specific standard or CAP
Detention at a port of entry
Developing a similar technical regulations
Other issues
Collapse Technical RegulationsTechnical Regulations
Preservation of regulatory authority
National treatment
Unnecessary obstacles
Assessment of risk
Equivalence of standards and/or technical regulations
Affection to the operation of laws
Denial of equivalence
Arbitrary or unjustifiable distinctions between similar goods or services
Insufficient information to complete the assessment
Special consideration to goods of a non-Party
Compulsory measures
Change in circumstances
Collapse Conformity Assessment ProceduresConformity Assessment Procedures
Compatibility of CAP
Acceptance of CAP conducted in the territory of another Party
Technical competence of CABs
Designating Authorities
Designation of CABs
Registration of CABs
Verification of CABs
Suspension or withdrawal of CABs
Cooperation and facilitation related to CAP
Similar access to goods and services
Recognition of CABs in the other Party
CAP related procedures
Negotations on mutual recognition of the other Party's CAP
Collapse TransparencyTransparency
Notification of adoption or modification of a technical regulation
Notification of adoption or modification of a non-technical regulation
Technical regulations of a state or provincial government other than a local government
Notification addressing an urgent problem
Adecuation and comments from other Parties
Presence during the development of standards-related measures
Publication and disclosure provisions
Waiver for application of this Article
Collapse Technical Consultations & CommitteeTechnical Consultations & Committee
Establishment of the Committee or Chapter Coordinators
Committee¿s functions:
Monitor the Chapter
Address any issue related to the application of standards, technical regulations, or CAP
Enhance cooperation in the development standard-related measures
Facilitating the cooperation between CABs
Facilitating the recognition of CAP results
Exchange information on developments in standard-related measures
Consult on matters arising under this Chapter
Review this Chapter under the TBT Agreement
Taking any other steps in implementing this Chapter
Other issues
Consultations
Consultations vs. Dispute Settlement
Frequency of meetings and reports
Establishment of subcommittees
Subcommittees
Other issues
Collapse CooperationCooperation
Technical assistance
Cooperation between standardizing bodies
Communication of suscription of agreements
Review of the implementation
Collapse Information Exchange / Enquire PointsInformation Exchange / Enquire Points
Documentation provided by enquire point
Designation of more than one inquiry point
Form of provision of information
Collapse Sectoral Annexes Sectoral Annexes
Sectoral Annexes
Collapse 6. TRADE REMEDIES - ANTIDUMPING6. TRADE REMEDIES - ANTIDUMPING
Collapse Location of AD ProvisionLocation of AD Provision
Location of AD Provision
Collapse Reference to WTO rulesReference to WTO rules
Retention of rights/obligations under WTO Agreement
Modification to WTO Rules, Interpretation of WTO Rules
Absence of Additional Rights, Obligations
Collapse Use of Anti-dumping ActionsUse of Anti-dumping Actions
Right to use Anti-dumping
Renunciation of right to use Anti-dumping
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Collapse Rules on Anti-dumping actionsRules on Anti-dumping actions