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BUILDING EFFECTIVE PUBLIC-


PRIVATE SECTOR PARTNERSHIPS IN
NATIONAL TRADE FACILITATION
COMMITTEES
EDNA RAMIREZ-ROBLES

MAY 2024

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ABOUT CIPE
The Center for International Private Enterprise (CIPE) is a global organization
that works to strengthen democracy and build competitive markets in many
of the world’s most challenging environments. Working alongside local
partners and tomorrow’s leaders, CIPE advances the voice of business in
policy making, promotes opportunity, and develops resilient and inclusive
economies. To learn more about CIPE, visit cipe.org, Facebook, Twitter, or
LinkedIn.

Policy & Program Learning (PPL) is CIPE’s applied research arm that explores
emerging strategic issues in policy reform and models of business leadership
conducive with democracy that delivers. PPL works with business and policy
leaders to forge partnerships, identify gaps in policy processes, and apply
innovative tools and creative interventions to address them.

ABOUT THE AUTHOR


Dr. Ramirez-Robles is the CEO and Founder of GoBiz Global. She has more
than twenty years of experience in international trade consulting with
organizations such as USAID, EU, WTO, and UNDP. Dr. Ramirez-Robles is also
a professor at the University of Guadalajara campus in Puerto Vallarta and has
lectured at American University and Georgetown University. She holds a law
degree from the University of Guadalajara, as well as PhD/SJD and LLM in
European Studies and International Trade Law from the Universidad
Complutense in Madrid. Dr. Ramires-Robles has authored over 60
publications.

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Table of Contents
ABOUT CIPE ......................................................................................................................................................... 1
ABOUT THE AUTHOR .................................................................................................................................... 1

INTRODUCTION ..................................................................................................................... 2
DEFINING ACTORS OF NATIONAL TRADE FACILITATION (PRE-TFA) ....................... 2
DEFINING PUBLIC AND PRIVATE SECTOR ACTORS (POST-TFA) ................................. 3
PRIVATE SECTOR ACTORS AND THE WTO.................................................................................. 4

PART 1 Hurdles for Private Sector Inclusion...................................................... 5


1.1 THE INFLUENCE OF DENOMINATIONS .................................................................................... 5
1.2 CODIFYING REGULATIONS ............................................................................................................... 5
1.3 DRAFTING INCLUSIVE AND EFFECTIVE TERMS OF REFERENCE .........................6
1.4 IMPROVING PRIVATE SECTOR PARTICIPATION................................................................ 7
Creating a Private Sector Friendly Environment .............................................................. 7
Minding the Composition of Private Sector Actors ........................................................ 7
Balancing Public-Private Sector Relations ...........................................................................8
1.5 INCLUSION OF UNDER-REPRESENTED ACTORS IN THE PRIVATE SECTOR10
Consideration of the Civil Sector ................................................................................................10
Including Micro Businesses in SME Considerations .....................................................10
Female Business Owners and Gender Equality in Trade Facilitation .............. 12
Summary Table: Hurdles for Private Sector Inclusion in NTFCS ................................. 13

PART 2 Galvanizing Private Sector Participation ......................................... 14


2.1 POLITICAL COMMITMENT AND TRUST...................................................................................14
2.2 INCENTIVES FOR PRIVATE SECTOR MEMBERSHIP .....................................................14
Professional Skills Development ................................................................................................14
Community of Practitioners .......................................................................................................... 15
Access to First-Hand Information.............................................................................................. 15
Team Spirit ................................................................................................................................................. 15
2.3 NFTC HIERARCHY ................................................................................................................................. 15
2.4 SETTING THE ROADMAP ................................................................................................................. 16
2.5 CONSOLIDATING PUBLIC AND PRIVATE SECTOR INTERESTS ............................ 19
Identifying Bottlenecking ............................................................................................................... 19
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Authorized Economic Operators ..............................................................................................20


Digitization ................................................................................................................................................20
2.6 IMPROVING NTFC DECISION-MAKING PROCESSES ................................................... 21
Chairing Private Sector Stakeholders .................................................................................... 22
Methods for Sharing Leadership ............................................................................................... 23
Section 2 Summary Table: Galvanizing Private Sector Participation ...................... 24

Part 3 Sustaining Efficient NTFC Management Practices .................... 25


3.1. INSTITUTIONALIZING PRINCIPLES AND VALUES ......................................................... 25
On the Macro Level ............................................................................................................................. 25
On the Micro Level ............................................................................................................................... 26
3.2. MEETING ORGANIZATION ............................................................................................................ 26
Maintaining a Schedule ................................................................................................................... 26
Meeting Attendance .......................................................................................................................... 26
Planning and Development ......................................................................................................... 27
Keeping Members Informed ........................................................................................................ 28
3.3. PROJECT MANAGEMENT ............................................................................................................. 29
Performance Indicators ...................................................................................................................30
Progress Methodologies .................................................................................................................. 31
3.4. FUNDING AND FINANCING ......................................................................................................... 32
Global Competitiveness ................................................................................................................... 33
Section 3 Summary Table: Sustaining Efficient NTFC Management Practices34

PART 4 The Future of NTFCs.......................................................................................35


4.1 AGENDA 2030 .......................................................................................................................................... 35
4.2. MAINTAINING TRUST BETWEEN THE PUBLIC AND PRIVATE CENTER ....... 36
4.3. GROWING TRADE EXPERTISE AND SAVVY ..................................................................... 37
Technical Variability and Policy Expertise .......................................................................... 38
Capacity Building ................................................................................................................................. 38
4.4. IN CONCLUSION .................................................................................................................................. 39
Section 4 Summary Table: The Future of NTFCs ....................................................................41

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Executive Summary
National Trade Facilitation Committees (NTFCs 1) oversee a country’s policies,
initiatives, and reforms on trade, and occasionally in transport. Any standing
member of the United Nations can form an NTFC to enforce the rules and
regulations set forth by the World Trade Organization’s (WTO)’s Trade
Facilitation Agreement (TFA)—the international agreement on trade law
which mandated the formation of NTFCs and to which they all abide.

NTFCs provide an open forum to discuss national strategic trade priorities,


streamline policies in accordance with international standards, and provide
directives on trade facilitation issues that affect public agencies and private
businesses.

NTFC members have traditionally been comprised of public sector agencies;


case studies have shown that participation from and collaboration with the
private sector have become key to the sustainability of NTFCs. This paper
examines the benefits of private sector membership in NTFCs, and proposes
transparent, innovative, and collaborative mechanisms to engage with the
public sector.

1The term and acronyms utilized for the purposes of this study will be National Trade Facilitation Committee (NTFC) and
Commission on Trade Facilitation (CTF), although the WTO Trade Facilitation Agreement Art. 23.2 uses the term National
Committee on Trade Facilitation (NCTFs) and short hands the CTF as Commission TF. While several International Organizations
use this same nomination. NTFC and CTF has been widely used and accepted in studies of similar nature.

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INTRODUCTION

This research examines the role National Trade Facilitation Committees


(NTFCs) play in enabling multistakeholder partnerships to coordinate
national trade-facilitation reforms. Of special interest here are models of
collaboration between businesses and the public sector, identified through a
comprehensive analysis of current NTFCs and their key characteristics: a)
foundational goals, regulations practices, functional mechanisms, and
performance records; b) the dynamics of private sector participation within
these NTFCs, best practices, and the level of trade expertise they provide; and
c) how effective practices can further help NTFCs strengthen trade facilitation
reform. All the research and case studies presented here are drawn from
WTO member countries.

There is growing recognition, particularly in studies of developing and least


developed countries, that achieving successful and sustainable trade reforms
requires the authorities leading National Trade Facilitation Committees
(NTFCs) to foster close collaboration with private sector stakeholders and
include them in the governance process.

This public-private alliance could optimize data sharing and improve


provisions to streamline the transport, release, and customs clearance of
goods, while reducing administrative burdens and delays in cross-border
trade. Establishing cooperation mechanisms between customs and other
relevant authorities could further bolster information sharing and joint
actions on trade facilitation compliance. Moreover, if NTFCs offer technical
assistance and capacity building programs, it could foster greater
understanding and progress in trade facilitation among all stakeholders.

DEFINING ACTORS OF NATIONAL TRADE FACILITATION (PRE-


TFA)
The roots of the Trade Facilitation Agreement can be traced to the United
Nations Economic Commission for Europe (UNECE) and its passing of the
General Agreement on Tariffs and Trade (GATT), the TFA’s main predecessor.
The purpose of GATT was the development of a standard international
terminology and uniform system for use in automatic processing and
transmission of trade data. To oversee it, the UNECE formed the Working
Party on the Facilitation of International Trade Procedures (WP-FITP). At its
third annual meeting in 1974, the WP-FITP adopted “Recommendation

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Number 4” a resolution that sought to create a framework for permanent


consultation and cooperation between various parties interested in trade
facilitation, including representatives from public administration and private
sectors. These Facilitation Committees (FALCOMs) evolved into the UN's
Procedure Committees (PRO-Committees), overseen by the UN Center for
Trade Facilitation and Electronic Business (UN/CEFACT), to address trade
procedures, identify bottlenecks, and promote solutions. Examples of such
bodies include SWEPRO (Sweden), SITPRO (UK), JASTPRO (Japan), and
HUNGPRO (Hungary), which have been continuously working on trade
facilitation since their inception.

DEFINING PUBLIC AND PRIVATE SECTOR ACTORS (POST-TFA)


The end of the Cold War ushered in a new era of globalized trade, with the
establishment of the World Trade Organization (WTO) in 1995. In its first
twenty years, the WTO brought into force many previously unrealized
provisions set by the General Agreement on Tariffs and Trade (GATT), which
was overhauled into the Trade Facilitation Agreement (TFA) in 2017.
Among these was Recommendation No. 4, which was used to define the
interlinking roles of the three main actors most closely involved in National
Trade Facilitation Committees (NTFCs) 2:

● The Public Sector (all relevant governmental trade-related agencies),


who coordinate and implement national laws and regulations
regarding trade.
● Traders (importers and exporters), who provide international trade
transactions and who benefit most from such solutions.
● Trade services providers (carriers, freight forwarders, multimodal
transport operators, banking institutions, insurance companies,
software providers, etc.), who can offer market-oriented trade and
transport solutions within the framework of national and international
trade and transport practices, obligations, and laws.

2
UNITED NATIONS New York and Geneva, (2015) Recommendation No. 4: National Trade Facilitation Bodies | United Nations Economic
Commission for Europe. Available at: https://unece.org/fileadmin/DAM/cefact/recommendations/rec04/ECE_TRADE_425_CFRec4.pdf

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Civil society is an emerging fourth actor in NTFC evolution. They include


organization such as unions, consumer associations, non-governmental
organizations, advocacy groups, acknowledged field experts, academic
communities, and a host of other non-governmental or business entities. 3

PRIVATE SECTOR ACTORS AND THE WTO


The imbalance of representation extends to the highest levels, as the WTO's
Commission on Trade Facilitation is composed exclusively of public sector
NTFC chairpersons, with no formal private sector representatives. Attempts to
formalize private sector engagement, such as a 2021 proposal by the Global
Express Association, have yet to reach consensus at the WTO.

At the national level, private sector actors are often relegated to a


consultative role in NTFC working groups, lacking the authority to set the
agenda. While private sector representation is increasing, few are appointed
to decision-making positions, despite being the most affected by trade
facilitation challenges.

This is a handicap because as contributing partners, the private sector can


provide valuable on-the-ground expertise, take responsibility for regulatory
compliance, and complement government resources. Sharing experiences
with emerging technologies could also benefit the public sector.

Evidence suggests that an equalized governance structure, with the private


and public sectors holding equal standing in NTFCs, would be mutually
beneficial. This points to the need for a more integrated, collaborative
approach to trade facilitation.

3
United Nations Conference on Trade and Development. (2017) National Trade Facilitation Committees: Beyond compliance with the WTO
Trade Facilitation Agreement? | United Nations. Available at: https://unctad.org/system/files/official-document/dtltlb2017d3_en.pdf

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PART 1
Hurdles for Private Sector Inclusion

1.1 THE INFLUENCE OF DENOMINATIONS


National Trade Facilitation Committees (NTFCs) are tasked with facilitating
trade regulations and reforms at the national level. However, this terminology
has become controversial, with disputes arising between ministries and
companies, particularly transporters, who argue that the "trade" focus limits
their representation. To address this, some countries have adopted the term
"Trade and Transport Facilitation Committees" (NTTFCs), a simple change
that aims to balance the rights and responsibilities between these two arms
of commerce.

Beyond the national level, several countries also participate in regional trade
facilitation committees that do not use trade-specific terminology, such as
EUROPRO, SECRIPRO, and the EEA EFTA.

Another issue is the treatment of micro, small, and medium-sized businesses


(MSMEs/SMEs). Depending on the country, micro businesses with only a few
employees may not be properly accounted for, even though they represent
the largest business group size. Without proper recognition, many self-
employed business owners, particularly women, are left out of customs-
based regulation negotiations and are vulnerable to unfair trade and
transport practices.

1.2 CODIFYING REGULATIONS


NTFCs are tasked with implementing reforms, but regulatory frameworks
ensure these reforms are followed correctly. The WTO and UNCTAD
recommend codifying regulations as legislation, decrees, or policies to
prevent conflicts of interest, increase participation, and ensure high-level
political commitment.

UNCTAD's recent upgrade to a UN Division underscores its commitment to


adapting to a rapidly changing global trade landscape impacted by the
COVID-19 pandemic, geopolitical tensions, and climate change. Its
inauguration at the Global Leaders forum will include the UN Secretary-
General, heads of state, leading economists, and Nobel laureates.

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While each country decides on regulatory codification based on its own


values and priorities, NTFCs can be diverse in their frameworks rather than
membership. Most were institutionalized by executive decree, but in some
LDCs with unstable leadership, smaller ministerial organizations have formed
them. This puts LDCs at a disadvantage, as a legal basis at higher
governmental levels may result in stronger membership commitment,
addressing potential conflicts of interest and considering transparent,
inclusive reforms.

Standard legal codes should include protocol for applying to committee


membership, establishing unambiguous guidelines and well-defined
expectations for incoming individuals. These Terms of Reference (ToR)
charter the NTFC's organizational structure, including information on its
officers and administrative tasks, serving as a binding constitution between
all members. 4

1.3 DRAFTING INCLUSIVE AND EFFECTIVE TERMS OF


REFERENCE
The working group responsible for developing a ToR uses mapping
techniques that a) identify the stakeholders; b) identify their overall positions,
interests, and influence on trade facilitation matters; and c) encourage
appropriate modes of engagement internally with members and externally
with relevant experts in the trade community. Consulting with other
members and having it ratified by a majority further foments trust and
dialogue between its members. 5

Developed countries have more robust ToRs than developing or least


developed countries, even though such documents uphold fragile regulatory
frameworks. The WTO’s Terms of Reference for the TFA provides a good
template for developing one, as it includes provisions for consulting with the
private-sector (Article 2 of the TFA) establishing operational coordination at

4 COMCEC Handbook for High Performing National Trade Facilitation Bodies | COMCEC COORDINATION OFFICE (2020,
September) Available at: https://www.comcec.org/wp-content/uploads/2021/11/COMCEC_Handbook-V5_BAT_Printable-High-
Resolution.pdf pp17
5 UNCTAD. (2015). TRANSPORT AND TRADE FACILITATION Series No 8. https://unctad.org/system/files/official-

document/dtltlb2017d3_en.pdf

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national borders (Article 8) and international customs cooperation (Article


12). 6

1.4 IMPROVING PRIVATE SECTOR PARTICIPATION


Studies have shown that developed countries tend to have larger and more
diverse National Trade Facilitation Committees (NTFCs), with an average
membership of 22. This diversity of stakeholders can allow NTFCs to address
trade facilitation issues more effectively. Conversely, when the right
stakeholders (such as private sector) are marginalized in the design and
implementation of trade facilitation reforms, or barred from participating in
NTFC activities altogether, this can result in uneven trade reform. Ensuring
inclusive representation of all key stakeholders, including from the private
and civil sectors, is crucial for NTFCs to be effective in improving trade
facilitation and delivering broader economic benefits. Excluding relevant
voices can undermine the NTFC's ability to develop and implement the most
appropriate solutions.

Creating a Private Sector Friendly Environment

To include private sector actors in NTFCs requires not just full membership,
but a welcoming environment and amenable public sector peers. Public
sector representatives should not view this as a private sector takeover. The
private sector depends on committed support from public sector members,
whether ministers or government officials. In-person interaction best fosters
these relationships. However, awarding full NTFC membership to individual
private sector actors, rather than business associations representatives, can
lead to the wrong reform favoring certain businesses over others. A more
balanced approach is for private sector associations to send candidates for
NTFC membership representation.

Minding the Composition of Private Sector Actors

Many private-sector members are appointees from various chambers of


commerce, though their inclusion alone may not be sufficient to reflect the
views of the different private-sector traders, trade service providers, and civil
society representatives who could identify bottlenecks and suggest novel
reforms beyond the considerations of generic industry representation.
Associations comprised of members from affinitive professional or industrial

6Interview with Roberto Recalde, Trade Policy Advisor. Chamber of Phytosanitary and Fertilizers (CAFYF) at the Paraguayan
NTFC.

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backgrounds have traditionally teamed up to send representatives: There is


an association, for example, for seaports, airports, clearance terminals and
warehousing facilities, made up of senior managers of such facilities. But
such associations can be slow to innovations that will eventually affect them,
such as technology, just as technological businesses need proven results to
be adapted. Early associations for digital business practices, for instance,
included postal service providers who were among the first trade and
transport adopters of e-commerce. 7

Associations may also work with one another to improve the efficiency of the
supply chain. One exemplar for including private sector associations is
Turkey’s NTFC which, in the wake of the COVID-19 pandemic, brought in
members from the International Federation of Customs Brokers Association,
the Union of Chambers and Commodity Exchanges of Turkey, and the
Turkish Exporters Assembly to optimize and accelerate their trade and
transport practices that was otherwise globally compromised. These efforts
led Turkey to join as a co-signer for a 2022 WTO resolution to accelerate the
implementation of TFA reforms that supported more timely and efficient
release of global goods. 8

Balancing Public-Private Sector Relations

As more countries strive to include the private sector as advisors or members,


they are also finding novel approaches for doing so. In Cambodia, for
example, an innovative medium known as the Government-Private Sector
Forum (G-PSF) allows for an ongoing dialog between government and the
private sector, which also enhances private sector credibility under the
country’s current regime. The G-PSF is considered “a key pillar in improving
the investment climate in Cambodia,” for it is one of the few outlets that can
raise and resolve problems with the government. The forum meets twice
yearly with each government-private sector working group co-chaired by a
minister and a representative from the private sector. 9

7 FIATA (2023) Empowering Trade Facilitation: Guidance on the Implementation of the WTO TFA.
https://www.flipsnack.com/fiata/fiata-guidance-on-the-implementation-of-the-wto-tfa/full-view.html
8 Supporting the Timely and Efficient Release of Global Goods through Accelerated Implementation of the WTO Trade

Facilitation Agreement. https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/G/TFA/W25R9.pdf&Open=True


9 UNNExT Advisory Group on SME Trade Facilitation (UAG-SME) | Maximizing the Benefits of the WTO Trade Facilitation

Agreement for SMEs. https://repository.unescap.org/bitstream/handle/20.500.12870/3062/ESCAP-2015-RP-Maximizing-


benefits-WTO-trade-facilitation-agreement-SMEs.pdf?sequence=1&isAllowed=y

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Other countries, such as the United States, have developed binary systems to
discuss trade. Under the USTR are both the NTFC and 14 Industry Trade
Advisory Committees (ITACs) who report policy and technical advice,
information, and recommendations to the Secretary of Commerce. The ITAC
system represents a variety of sectors and trade concerns, including
Intellectual Property Rights, Consumer Goods, Textiles and Clothing, and
Small and Minority Business.

Direct Private-Sector membership inclusion in NTFCs still remains a


challenge to traditional-minded NTFCs, though in some countries such as
Nepal and Pakistan, which have heeded suggestions to equally represent
transport alongside considerations of trade, they have formed NTTFCs that
distribute representatives from the public and private sector more equally. 10
Equal Public-Private Sector Distribution in Pakistan’s NTFC

Source: Indian Council for Research on International Economic Relations (ICRIER), New Delhi

10 Establishing India's Trade Facilitation Committee https://www.econstor.eu/bitstream/10419/176344/1/Working_Paper_317.pdf

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1.5 INCLUSION OF UNDER-REPRESENTED ACTORS IN THE


PRIVATE SECTOR
Large businesses with 500 or more employees represent only 5% of the
number of businesses in the private sector. The rest is made up of micro,
small, and medium-sized businesses (MSMEs) account for two-thirds of
private sector employment. In addition to these are a growing number of civil
sector actors who are seldom allotted membership in NTFCs. A private sector
that only accounts for the concerns of large businesses stymies fairness and
progressive innovations in decision-making processes for trade and transport
laws. The success of reforms and an efficient NTFC to implement them
depends on actors that are often found at the fringes of trade and transport
considerations.

Consideration of the Civil Sector

Further participation should come from voices of non-business


representatives—scholars, experts, and NGO representatives—who can
support the NTFC in producing analyses and studies that are independent of
public and private sector influence. The United Nations has been making
great strides toward their more permanent inclusion to achieve its
sustainable development goals. Compared to the UN, however, the WTO is
less mission-led and more commerce driven, and the incentives to grant
membership to Civil Sector representatives may not always be apparent.
However, as guides, they may be the best to help NTFCs navigate through
technological, political, and economic developments.

Including Micro Businesses in SME Considerations

Micro-level businesses (5 employees or less) have the lopsided disadvantage


of being the largest grouping of businesses with the least amount of
representation. Studies have shown that accepting memberships or
consultative roles from MSMEs, including female-led micro-sized businesses,
has long-term benefits for NTFCs to widen their considerations and make
more informed decisions toward optimized trade facilitation. For their
inclusion to become more common, however, such businesses would first
need to form associations to select an able representative to speak on issues
of common concern to MSMEs, such as informality in trade, issues around
registration, and de minimis trading limits. MSMEs also tend to incur higher

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costs and spend more time in getting market, regulatory, and other
commercial information compared to larger firms which often have
resources dedicated to trade related tasks. They often have only one or two
people on the management side which does not give much time for
exploring potential new ventures and scrutinizing legislation, as opposed to
larger firms that might have entire marketing and legal departments for such
research. Investing in making trade predictable, accountable, and
cooperative is the key to expanding trade benefits for MSMEs: the
simplification of procedures and accessibility of information leads to reduced
costs. 11

In 2017, at its 11th Ministerial Conference, 88 of the 156 WTO members voted in
favor of creating an informal Working Group on MSMEs, who met for the first
time the following year. In 2020, they circulated a document among WTO
members asking whether, in their experience implementing the TFA, MSMEs
were fairly represented in or consulted by NTFC and if so, how MSMEs were
consulted when designing trade facilitation measures and assessing their
impact. As of March 2024, when representatives from the Democratic
Republic of Congo were admitted, the Working Groups accounted for 99
members. 12

The NTFC for Brazil, a working group member, launched a working group to
explore cooperation with SMEs and local trade associations. This platform
brings together both key governmental and private-sector stakeholders
(including Brazil’s Small Businesses Support Agency) as well as an association
comprised from managers of the country’s 15 major ports, airports, and land
borders. 13 The potential for MSMEs inclusion has also become of particular
interest to nations experiencing an explosion of economic growth, as is the
case with Tajikistan. Its gross national income increased by 45 percent in the
first decade of the 21st century, and to sustain it, the NTFC of Tajikistan has
explored the ability of MSMEs to quickly adapt to complicated business
environments and diversify an economy that has long depended on
extractive industries such as mining. Even in wealthy countries like Canada
and the United States, agencies have been launched to aid small businesses

11
USAID (2021) The Trade Facilitation Agreement: A World of Opportunities for MSMEs. https://www.tfafacility.org/
sites/default/files/2022-01/a_world_of_opportunities_for_msmes_final_version.pdf
12
WTO Informal Working Group on MSME: https://www.wto.org/english/tratop_e/msmes_e/msmes_e.htm#participation
13COMCEC Handbook for High Performing National Trade Facilitation Bodies | COMCEC COORDINATION OFFICE (2020,
September). https://www.comcec.org/wp-content/uploads/2021/11/COMCEC_Handbook-V5_BAT_Printable-High-
Resolution.pdf

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with loans and helping them increase their ability to compete in international
markets.

Female Business Owners and Gender Equality in Trade Facilitation

Women traders face significant underrepresentation in NTFCs, highlighting


gender inequality issues. While trade policies are superficially universal, their
impact is affected by gender bias, particularly in non-Western nations.
Facing prejudice, women entrepreneurs struggle to access critical networks
like male-dominated trade associations, which are key hubs for policy and e-
commerce information. Existing women-focused committees often target
only women from large corporations. Mixed-gender networks also lack
business support services tailored to female owners' needs, such as
accommodating household responsibilities. 14

The first step toward gender equality in trade facilitation is to allow women
traders to form legally recognized associations, providing a platform to voice
their needs. These associations should recruit women, consult them, and
elect representatives to participate in NTFC processes.

Where such associations face opposition, NTFCs should advocate on their


behalf. In return, the businesswomen's representatives could provide input
on incorporating gender-sensitive strategies into international trade plans.
Empowering women traders to organize and shape trade facilitation policies
is crucial for achieving more equitable and effective reforms. 15

14 Women-Owned Businesses in Cross-Border ECommerce: A Diagnostic Toolkit | Asia Pacific Economic Cooperation (2020,
October). https://mipymes.economia.gob.mx/wp-content/uploads/2022/01/APEC_USAID_WOMENOWNED-BUSINESS.pdf pp.4
15 Sirimanne S. (2022, MARCH) Integrating a gender perspective into trade facilitation reforms | UNITED NATIONS CONFERENCE

ON TRADE AND DEVELOPMENT https://unctad.org/system/files/official-document/presspb2022d6_en.pdf pp.2

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SUMMARY TABLE: HURDLES FOR PRIVATE SECTOR


INCLUSION IN NTFCS

Aspect Challenge Solution

THE INFLUENCE OF Nomenclature can Seek to term things


DENOMINATIONS create bias. using inclusive language.

CODIFYING Non-official text has Codifying regulations


REGULATIONS no legal binding. into law legitimize, an
NTFCs authority.

DRAFTING Not all NTFCs are The greater the Terms of


INCLUSIVE AND willing to follow a Reference equalize
EFFECTIVE TERMS cemented structural membership, rights, and
OF REFERENCE framework. responsibility the
stronger its members will
adhere to it.

IMPROVING Without incentives, Create a welcoming


PRIVATE SECTOR private sector environment and allow
PARTICIPATION members do not private sector
stick around harming representatives to sit in
the potential for high decision-making
reform success positions.

INCLUSION OF Women, minorities, An NTFC should include


UNDER- and civil sector workshops, publish
REPRESENTED representatives are guides, and actively help
ACTORS IN THE largely marginalized bring in such economy
boosting and stabilizing
PRIVATE SECTOR
representatives.
Source: Author

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PART 2
Galvanizing Private Sector Participation
2.1 POLITICAL COMMITMENT AND TRUST
Along with a full commitment and participation from lead agencies and key
stakeholders, the success and sustainability of NTFCs depends heavily on
commitment at the highest levels of government who are most able to
provide the financial resources necessary to organize its activities. Part of the
role of NTFC members is to forge relations with various governmental officials
and appointees, while minding the susceptibility to political influence and
factors in their decision-making. It is worth noting that all participants in the
committee hold political positions, regardless of whether they represent the
private sector or any other entity. In the United States, for instance, members
can actively contribute to political campaigns and hold political
appointments. It is evident members can be faced with pressures influenced
by these affiliations. Greater diversity of its members and transparency of its
actions makes for more trustworthy and sustainable NTFCs.

2.2 INCENTIVES FOR PRIVATE SECTOR MEMBERSHIP


Convincing representatives to participate in NTFC activities can be a difficult
sell: it is unpaid, carries opportunity costs for the company and adds to the
workload of individuals. The question of “what’s in it for me?” can arise when
seeking out members, though studies have shown that the more influential
and impactful a member can be within an NTFC, the greater the incentive for
others to come on board. 16

Professional Skills Development

Training and practical guidance on trading and fulfilling documentary


requirements are sought by private businesses, particularly SMEs. Such
training is not commonly offered by NTFCs but rather by government
agencies, export or trade promotion bodies or private-sector associations.
However, the United Nations Economic Commission for Europe offers a free
downloadable trading manual and certification program, 17 while digital

16
Interview with Jan Hoffmann, Head of Trade Logistics Branch at UNCTAD
17 UNECE TRAINING MANUAL: https://unece.org/trade-facilitation-implementation-training

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training platforms and apps highlighted by the WTO have begun to simplify
the learning curve for trade facilitation implementation. 18

Community of Practitioners

In joining NTFCs private sector members can network with other


practitioners from the private and public sector. Members should be allotted,
as reservists do for a country’s military, time to invest in an NTFC that include
visits to border crossings, government agencies, logistics centers, and private
companies to help foster understanding and ideas that can ultimately
contribute to sustainable growth and prosperity.

Access to First-Hand Information

A session dedicated to information on legal, regulatory, or operational


initiatives can be integrated as a recurrent agenda point into NTFC meetings
with materials remaining available to representatives if they remain
members.

Team Spirit

Members need to feel that they belong or feel part of the committee. A
shared statement of purpose in plain language is useful to create a mutual
understanding of the vision, spirit of collaboration, and principles of
interaction. The statement should state in simple language the identity,
actions, and mission of an NTFC.

2.3 NFTC HIERARCHY


The ideal NTFC structure groups its members into functional roles and
responsibilities that maximizes their expertise. As recommended by the
United Nations Centre for Trade Facilitation and Electronic Business
(UC/CEFACT), a sound NTFCs is tiered into three levels: strategic (e.g.,
members who determine effective policies); operational (e.g., members who
work on implementing them); and technical (e.g., members who provide
consultation and expertise). It is helpful to bear this structure in mind when
considering how the functionality of NTFCs differ from country to country.

18 WTO HANDBOOK FOR TRADE FACILITATION:

https://www.wto.org/english/tratop_e/msmes_e/mcaualay_trade_facilitation_wto_.pdf

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The inclusion of private sector actors in fostering trade facilitation seems to


be better acknowledged in developed countries where consultation with the
private sector tends to be common practice, even law, in developed
countries, where public policies and rules tend to be widespread and various.
Inversely, in least developed countries, NTFCs tend to be disorganized and
opaque in their activities to the point of hindering or even avoiding private
sector participation. For any NTFC to realize its full potential and be of benefit
to their country’s trade practices, their government appointed members
must fill their ranks with stakeholders from the private sector.

At the strategic level, this means appointing private sector members to its
board to be involved in policymaking that affects or addresses their
industries; at the operational level this would include developing proposals,
offering recommendations, and assembling reports for achieving and
documenting policy; at the technical level, ad hoc working groups (either
permanent or temporary) should include consultants and experts from trade
and industry sectors, to ensure that any initiatives undertaken by the
strategic and operational levels would factor in as many risks, considerations,
and possibilities as possible.

2.4 SETTING THE ROADMAP


The NTFCs for most countries use brief comprehensive documents or
“roadmaps” that outline within a given period (usually three to five years) the
progress of trade reforms toward successful implementation. Highly
customizable, these break down performance indicators from the envisioned
goal down to the smallest activities needed to achieve it. The following
roadmap assembled by the Republic of Tajikistan’s NTFC working group on
Exports Enhancement and Diversification exemplifies its basic categories and
related information 19

19
The United Nations Economic Commission for Europe. Report on Tajikistan.
https://unece.org/DAM/trade/Publications/ECE_TRADE_450_NTFR-Tajikistan.pdf

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Graphic: The Republic of Tajikistan’s NTFC Roadmap

Source: The United Nations Economic Commission for Europe

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Roadmaps can be used by all levels of government and provide a good


framework of oversight for many of its ongoing projects. Even the WTO,
whose Trade Facilitation Agreement was first adopted in 2017, created a
roadmap in 2021 to analyze the TFA’s progress, reporting then that “the
current rate of implementation of TFA commitments stood at 69.7 per cent
for the entire WTO membership. To encourage usage of the roadmap, the
WTO created a “dashboard” that allows anyone to track specific progress
measurements of any implementation. 20

WTO dashboard for measuring implantation progress

Source: The World Trade Organization Trade Facilitation Agreement Database

The most successful national trade facilitation reform programs involve a


wide range of actors, as stakeholders will be more supportive of roadmaps
that they helped conceive. In some countries, for instance, the private sector
not only provides feedback on a drafted roadmap but assists in defining its
priorities from the start. Before drafting a roadmap, an analysis should be
undertaken of current actions, projects, and practices under a country trade
facilitation—such as investment and transport—to revise or build upon
existing initiatives.

To garner the necessary political and administrative support for a roadmap,


its drafters should seek to make it comprehensive (covering all aspects of
trade), concise (ideally between 30-50 pages), and accessible to policy makers
and managers from areas other than trade facilitation that are concerned
with economic growth who might benefit from its actions. As has been
demonstrated elsewhere, different countries develop roadmaps according to
their needs and goals, such as the Horn of Africa Initiative which has sought
to strengthen implementation of its reform policies and encourage
cooperation among its members to see its goals through. It is also an

20 https://tfadatabase.org/en/implementation/progress-by-measure

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example of regions banding together to make use of UNECE publications, in


this case the “Guide to Drafting a National Trade Facilitation Roadmap.” 21

2.5 CONSOLIDATING PUBLIC AND PRIVATE SECTOR


INTERESTS
A functional NTFC ensures that suitable trade facilitation measures are
implemented to maximum effect. This includes recruiting private sector
representatives to reflect upon the economic impact—of time, costs, and
bureaucracy of governmental regulations and practices. Because conflicts
between public and private-sector interest groups can arise in considering
reforms, it’s important that stakeholders should choose the right
representatives for steering or advisory committee positions, who can best
address private sector needs and opinions at meetings. This means close,
functional public-private cooperation is paramount to the success of an
NTFC. No actor in the import and export processes has the full picture of a
particular import and export process. When considering simplification of
trade and border processes or working to reduce the prohibitive costs of fees
or tariffs, bringing together actors who can negotiate and work well with
others is imperative to agreeing on joint plans of action.

Identifying Bottlenecking

One way to ensure functionality is by identifying where bottlenecking


commonly takes place. The requirement, for example, of consularization—
procedures that require purchasing invoices or visas for documentation from
the consul or embassy of a country to which goods are to be exported—have
long been viewed as bottleneck practice because they place additional costs
and delays on traders without contributing to legitimate customs-related
processes and are precisely the type of bureaucratic red tape that the TFA
seeks to eliminate. 22 There have been numerous attempts from proposals
submitted to the WTO and at previous trade summits to abolish
consularization, though none of them passed.

21
“Trade Facilitation Roadmap.” Horn of Africa Initiative: https://www.hoainitiative.org/wp-
content/uploads/2022/06/HoAI-Trade-Facilitation-Roadmap-English.pdf
22 REVISITING THE NEED FOR GLOBAL ACTION TO ELIMINATE CONSULARIZATION REQUIREMENTS. (s. f.). WTO.org.

https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/G/TFA/W38R3.pdf&Open=True

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Authorized Economic Operators

In cases when the WTO can’t agree to mandate or eliminate internationally


observed trade facilitation procedures, some countries find workarounds to
increase productivity. Such has been the case with customs inspection
rates—the ratio of which goods are thoroughly checked before being
admitted into a country—which commonly average 5% and often target
products that are prone to infringement. In Guatemala, where inspection
percentages average much higher, its NTFC has collaborated with DHL (a
private sector entity) and Guatemala’s Customs Office of the
Superintendency of Tax Administration (a public sector entity) to publish the
Authorized Economic Operator (AEO) designation, a sort of pre-check-in
courier manifesto that allows importers to green channel goods without
having to undergo lengthy and costly inspections. Other countries, such as
Panama and Peru, have implemented AEO manifestos customized with
other terms and benefits such as allowed the private sector to rectify data
without sanctioned approval or at a low-cost, in some cases reduce penalties
from 100%, down to 10%. 23

Digitization

One of the fastest developments of public and private cooperation has been
the digitalization of documents. Until recently, this has been a looming
bottleneck issue as customs were slow to adopt electronic copies and
documents and required blue ink invoices. This process has not only sped up
trade facilitation and reduced costs but has also helped to equalize the
process internationally for importers and exporters, especially smaller
businesses that are more prone to bottlenecking and red tape hold-ups (and
more reason why, as a group, MSMEs should be properly represented at
NTFCs). Digitization also enhances an NTFC’s legal frameworks by allowing
easy access to all legal documentation, standardizing electronic documents,
signatures, and payments, and though anonymous online surveying,
equalizing feedback from all levels of the public and private sector.
Digitization has become a key goal for the road maps of many developing
countries. India’s National Trade Facilitation Roadmap for 2020-23, for

23
Interview with Carlos Enriquez Montes, Senior Director for Regulatory Affairs, DHL Americas

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example, focused on digitalization and has three key pillars: faceless,


contactless, and paperless. 24

2.6 IMPROVING NTFC DECISION-MAKING PROCESSES


For public-private sector cooperation to work, it is important that
representatives from both sectors come into an NTFC with an understanding
of its mores. While all participant members should be given equal voting
rights, members from the technical tier, vital for weighing in with
observations, issues, and proposals, should seek to inform—not obstruct—
policy makers at the strategic tier. It is critical to define the boundaries
between each tier is ensure an efficient decision-making process, if those
boundaries align with the logical framework of decision-making (i.e. one that
honors both the public and private sector input, rather than lopsided
government direction). 25

The consequences to such ministry-dominated committees are their failure


to innovate and grow their economies. The public sector will always be the
one to implement decisions, but for its policies to be effective, all decisions
should strive to include the input of those they most effect: private-sector
businesses. The private sector must in turn be constructive members, who
can be trusted and efficient when seeking realistic solutions and beneficial
policy reform. A well-defined process for how an NTFCs conducts its member
meetings and voting rounds would help eliminate bottlenecking, infighting,
and other internal conflicts that stymy a committee’s functionality. 26

One method has been to give members of the private sector allotted time to
opine, reflect, and present amendments to measures as they are being
drafted rather than before they go to vote. Another is to break up particularly
unwieldy main committees into smaller “standing committees” that can
more easily prepare documentation on matters to assist the decision-making
process of the committee. An idea laid out by the United Nations Economic
Commission for Europe (UNECE), these standing committees should include
a limited number of participants (less than 10) drawn from the main
committee and will represent the most relevant institutions (Ministries of

24 World Bank Group. NTFC Roadmaps and Translating Commitment into Effective Action

https://thedocs.worldbank.org/en/doc/42b2167b86a8f1fb52391e1d5bc5b63e-0350012021/related/NTFC-Roadmaps-Guidance-
Note-FINAL.pdf.
25 Interview with Jose Raul Perales, Director, Trade at CIPE
26 Interview with Poul Hansen, Chief, Trade Facilitation Section at UNCTAD

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Transport, Trade, Finances) plus representatives from key private-sector


institutions (i.e. banks, insurance, transport operators, transport users). A
standing committee differs from a working group in that the latter is an ad
hoc temporary formation meant to dissolve after solving a particular issue.

For now, private sector members account for about a third of NTFC
memberships with few of their stakeholders in chaired positions on the
strategic tier. In Mexico, a more balanced model is being explored using
competitive committees where different actors from the private sector
propose reforms to be selected for further development. The reform
initiatives with the highest votes allow the private sector stakeholders that
proposed it to help set the agenda for which it is to be carried out. There are
of course, rules, set by an NTFC’s Term of Reference: Only reforms that do not
involve constitutional changes will be considered; the achievement of such
reforms will be depoliticized and attributed to the NTFC as a whole; all reform
initiatives are subject to testing and revising as seen fit. Not only do such rules
improve the efficiency of an NTFC, but they also deflate unwanted egotisms
and provide a more collegial atmosphere.

Chairing Private Sector Stakeholders

The chairperson's overarching role is to provide leadership, which requires


being an effective strategist and a good networker. The chairperson is
responsible for recruiting members that have proven track records for
producing desired or intended results in their fields. It is their duty to make
sure that each meeting is carried out effectively and that its members
conduct themselves according to the law. Regular reviews of the committee
and its members allow a chairperson to decide whether to retain current
members or recruit new ones. 27 With very few exceptions, the chairperson of
an NTFC usually belongs to a public institution. In only four percent of NTFCs,
all from developed countries, is a private stakeholder the chairman, and in
only one of ten of NTFCs are they involved at the strategic level. 28 As private
sector dissatisfaction with NTFCs runs rampant, appointing its stakeholders
to leadership positions (or secretariats) carries certain benefits that include
encouraging greater private sector participation, increasing stakeholder

27 DIY Committee Guide. (2022, 5 September). What is the Role of the Chairperson? - DIY Committee Guide.
https://www.diycommitteeguide.org/what-is-the-role-of-the-chairperson/
28 UNCTAD (2015) Trade Facilitation Bodies in the World. United Nations publication | New York and Geneva. (Private Sector)

Available at: (https://unctad.org/system/files/official-document/dtltlb2020d1_en.pdf Page 36/75.

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ownership and favoring business managerial procedures over government


bureaucracy.

Methods for Sharing Leadership

Cooperative and alternate presidency mechanisms where public sector and


the private-sector trade off roles and share leadership responsibilities have
been explored and established. In March 2024, for example, Nigeria launched
a reformation of its NTFC, merging it with the private sector stakeholder led
Presidential Council on Industrial Revitalization into an Enhanced NTFC
(ENTFC) to properly address difficulties and generate opportunities for the
global marketplace. 29 While the ENTFC will remain headed by Nigeria’s
Minister of Trade, to further cement this commitment to private-sector
collaboration, consideration is currently being given to making a private-
sector representative the new ENTFC Vice-Chair.

The Kenyan Private Sector Alliance (KEPSA) currently appoints strategic tier
co-chairs from the private sector, and it is common among many NTFCs for
private sector stakeholders to chair technical tier sub-committees to engage
with business expertise on specific topics and help to broker consensus
between the diverse interests of the private sector. Its membership
comprises private sector associations and corporate bodies in all sectors of
the economy including trade associations. KEPSA speaks for multinationals,
SME’s and Startups organized under different sector boards and working
groups reflective of the 16 sectors of the economy. 30 KEPSA has over 1,000,000
members through Associations and Companies. One of Africa’s stronger
economies, Kenya is also one of the leaders of the Horn of Africa Initiative.

29National Association of Nigerian Traders. Nigeria Relaunches National Trade Facilitation Committee.
https://nants.org/nigeria-relaunches-national-trade-facilitation-committee-
ntfc/#:~:text=Nigeria%20has%20relaunched%20its%20National,opportunities%20for%20the%20global%20marketplace.
30
KEPSA website: https://kepsa.or.ke/membership

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SECTION 2 SUMMARY TABLE: GALVANIZING PRIVATE


SECTOR PARTICIPATION

Aspect Challenge Solutions

POLITICAL All NTFC members Diversify members and make


COMMITMENT AND have political transparent its actions.
TRUST affiliations through
either appointments
(public sector) or
campaign
contributions (private
sector)

INCENTIVES FOR Private Sector actors Allow private sectors to co-chair


PRIVATE SECTOR are hard to retain sub-committees and participate
MEMBERSHIP when they feel in decision-making processes.
limitations placed
upon their
membership.

NTFC HIERACHY Chairpersons and Explore new forms of


secretariats are nearly governance that can bypass
always from the bureaucratic bottlenecking.
private sector

SETTING A ROADMAP Roadmaps are easier Divide goals into short-term and
to create than to long-term projects
follow.

CONSOLIDATING Common challenges Focus on shared goals such as


PUBLIC AND PRIVATE to NTFCs cannot be identifying bottlenecking,
SECTOR INTERESTS solved without authorizing economic operators,
partnership. and digitizing documentation

IMPROVING NTFC Ministry-led NTFCs Consult with the private sector


DECISION-MAKING that do not account while drafting initiatives and
PROCESSES for private sector break up large committees into
expertise often fail to smaller standing committees
innovate and grow and working groups.
their economies.

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Part 3
Sustaining Efficient NTFC Management
Practices
3.1. INSTITUTIONALIZING PRINCIPLES AND VALUES

On the Macro Level

For NTFCs, principles and values instill members with a sense of shared
mission and morality that helps dissuade individual interests. These shape
NTFC’s identity as a public-facing organization and may attract more external
support because of it. The WTO itself is built on five principles: 31
Non-Discrimination: In trade facilitation there are two elements prone to
discrimination: members and goods. Members of an NTFC must not
discriminate against each other and must confer uniform trade conditions to
other member nations.

Free Trade Reciprocity: In trade negotiations this is the act of giving back
trade concessions when some are given to you. In cases of lopsided
economies between a developed nation and a developing one, this means
not taking advantage of the smaller economies that can hinder their abilities
to set their own trade conditions (i.e. free trade v fair trade).
Predictability Through Binding Commitment: Nations that sign certain trade
concessions set by the WTO must honor them. If signatory nations are unable
to meet these concessions, they can seek redress through the WTO dispute
settlement procedures.

Fair Competition Transparency: Nations must build trade institutions that are
easy to scrutinize, whose decisions can be peer-reviewed, whose functions
are documented and easy to report, and whose communications to the WTO
are timely and clearly explained. These institutions are also required to report
frequently and to respond to requests for information.

31
Principles of the Trading System. World Trade Organization.
https://www.wto.org/english/thewto_e/whatis_e/tif_e/fact2_e.htm

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Encouraging Development and Economic Reform: WTO members from


developed countries should engage in practices that help bring least
developed countries transition to sustainable market economies.

On the Micro Level

Values are the organizational practices that keep the ship running, so to
speak, of an NTFC. Steering them are chairpersons and secretariats who can
create clear rules and processes for its operations and strategies. Ideally these
officers organized and proactive, but even competent chairperson cannot
mandate instantaneous changes to a committee’s values without
considering the characteristic history of that organization, the people who
have been in it, the groups it incorporates and the interests they have
created, as well as the way the NTFC has previously adapted to changing
trade environments. Values can be groomed and institutionalized by starting
with small “always make your bed in the morning” initiatives that in the long
run foster habits toward success.

3.2. MEETING ORGANIZATION

Maintaining a Schedule

The regularity and frequency of meetings is among the easiest factors to


control for impacting the sustainability of an NTFC. Establishing fixed
dates/times for meetings allows members to plan their attendance and any
topics they want to address. Because regular meetings are useful for
monitoring and following up on NTFC activities, they raise the motivation
levels among members who can see the progress toward goals. The UNECE
recommends that the committees should meet regularly (e.g., two or three
times per year), with special meetings held at the request of their
chairpersons, secretariats, or by approved request for any of its members.
Standing committees should meet more frequently, even twice a month.

Meeting Attendance

Although there are always a few members who commit to regular meeting
attendance and committee engagement, more often attendance is various
and member responses to emails and other requests for support/feedback by
a secretariat can be slow and inconsistent. Frequent turnover or substitute
representatives (those who stand in for members who can’t attend) can
affect continuity and effectiveness of meetings as can gaps in new member

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levels of knowledge, information, and understanding of their expected roles


and functions. Tossing novices into meetings without little prep as to what is
expected of them makes their attendance far less likely. To retain new
members, it is encouraged that they are given one to one onboarding
meetings, requisite training, and assignments with smaller working groups to
get a feel for the committee environment, in addition to attending regularly
main committee meetings.

Some NTFCs require attendance of its members, as is the case in Jordan,


where meetings are held on the third week of every month and at a
permanent venue. 32 The presidential decree establishing the NTFC states that
meetings shall be held at least twice per semester, however in 2023, the NTFC
(in plenary or working groups) held more than 15 meetings, itself evidence of
reporting that the number of meetings held has been increasing through the
years. 33 A study of other countries shows a variety of meeting frequencies:
Sudan (twice a month); the United Arab Emirates (more than 5 a year);
Dominica (quarterly); and Sri Lanka (quarterly with flexibility).

Planning and Development

Because participants need to know what is expected of them, agendas and


other documentation must be sent out far enough in advance to enable
members to prepare and contribute, with draft recommendations, decisions
or questions clearly set out. But while this may be adequate for most large
business and public sector stakeholders, for MSME traders who are focused
on initiatives that will help their businesses, the expression “time is money”
must be factored into the planning their consultations. It is therefore an
imperative that the meetings to which they can contribute be attended by all
decision-making stakeholders. 34

The overall economic capacity of businesses to participate in NTFC meetings


is resource intensive. Businesses must allocate staff and time for the activities,
and transportation costs or expenses for internet access to attend physical
and online meetings. Larger companies with dedicated government relations
or compliance departments can cover these costs much more easily than

32 Standing Committee for Economic and Commercial Cooperation of the Organization of Islamic Cooperation (COMCEC). (2015,

august). COMEC. comcec.org. https://www.comcec.org/wp-content/uploads/2021/07/6-Trade-Report.pdf


33 Interview with Roberto Recalde, Trade Policy Advisor. Chamber of Phytosanitary and Fertilizers (CAFYF) at the Paraguayan

NTFC.
34 NATIONAL TRADE FACILITATION COMMITTEES International Trade Centre. (2015) Available at:

https://intracen.org/media/file/2901

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smaller businesses. Businesses which are not located in the city where NTFCs
are headquartered are also less likely to participate in the meeting. Micro,
small, and medium-sized enterprises, among them women traders and
regional businesses, may therefore not be able to participate on equal
grounds as bigger businesses, which increases the risk that larger business
interests will dominate private-sector participation. 35

Thus, contingent upon the objectives pursued by the committee, the nature
and scope of its tasks must allow for the influence of MSMEs. But if the
committee's mandate demands physical presence, especially in a country
with a large geographical territory, the traveling constraints may hinder such
inclusion. In such a sizeable country, where small businesses may be prone to
different issues depending on location, this leads to even more challenges to
NTFC efficacy. 36 Embracing hybrid or virtual communication, now widely
used by the public and private sectors, permits alternatives that overcome
barriers to engagement for would-be participants who do not have time and
resources to travel to physical meetings. Particularly during and after COVID-
19, some NTFCs have remained active on virtual platforms or chat groups to
diversify communication and keep it going.

Keeping Members Informed

An efficient communication system between the permanent secretariat and


stakeholders will provide certainty, predictability, even penalties for all the
NTFCs’ stakeholders, including the private sector. This system has the
objective of lending certainty and coherence to the NTFCs activities. This
could include allocating specific dates and timelines (e.g. per quarter or the
last Thursday of a three-month period), or the possibility of removing an
institution´s representative if they miss three meetings in a row. Common
points are items on an agenda; attendance sheets; coordination letters;
follow-up outlines marked according to compliance with the issues; and
minutes of the meetings, which ideally should be signed by each of the
participants.

For instance, the NTFC from Jordan has a clear and consistent
communication strategy within the stakeholders. Invitations are sent with a

35 White Paper Encouraging Private Sector Participation in National Trade Facilitation Bodies | The United Nations Centre for
Trade Facilitation and Electronic Business (UN/CEFACT) (April 2022) Available at: https://unece.org/sites/default/files/2022-
06/WhitePaper_PrivateSector-NTFC.pdf
36 Interview with Roberto Recalde, Trade Policy Advisor. Chamber of Phytosanitary and Fertilizers (CAFYF) at Paraguay’s NTFC.

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proposed agenda to follow-up on existing issues. Minutes are taken during


the meetings and are distributed by e-mail and official letters to all members
afterwards for validation. The evaluation is done based on a comparison of
key performance indicators established in the work-plan, contrasted with
achievements of Technical Committee meetings and decisions made by the
National Committee.

A solution to the geographic conundrum has been addressed by a few


countries, including Malawi, which has two major cities. There is the capital
city (Lilongwe), where all the ministries except for the customs authorities are
located, the customs authorities are in another town in the south (Blantyre)
where all the industry is established where some of Malawi’s NTFC meetings
have been held. This is a good example of how committees can be flexible in
trying to get the private sector involved. 37

3.3. PROJECT MANAGEMENT


The Association for Project Management (APM), which bills itself as the
world’s only chartered organization for the improvement of project-based
professions (“when projects succeed, society benefits”) defines project
management as being composed by the application of processes, methods,
skills, knowledge and experience to achieve specific project objectives
according to the project acceptance criteria within agreed parameters. 38
Having a well-defined mechanism to evaluate the NTFC’s performance and
outcomes can significantly contribute to project momentum, membership
commitment, and success. The United Nations Conference on Trade and
Development breaks down its ongoing projects into three categories:
Category A: measures those projects that have been clearly defined and are
set to be implemented within an established timeframe.
Category B: measures those projects whose definitions are being finalized
and are not set to be implemented with an established timeframe.
Category C: measures those projects still being defined, and may need
capacity, technical, or financial assistance building to implement.

37Interview with Poul Hansen, Chief, Trade Facilitation Section at UNCTAD


38What is project management? | APM. (s. f.).
https://www.apm.org.uk/resources/what-is-project-
management/#:~:text=Definition,a%20finite%20timescale%20and%20budget.

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Whatever category a project-in-progress falls into, a committee’s operational


procedures can issue guides to help monitor and encourage projects to
completion. The WTO for example, publishes the Time Release Study Guide, a
strategic and internationally recognized tool to measure the actual time
required for the release and/or clearance of goods, from the time of arrival
until the physical release of cargo, with a view to finding bottlenecks in the
trade flow process and taking necessary measures to improve the
effectiveness and efficiency of border procedures. It periodically updates the
guide with new features and methods for Customs Administrations to work
in a collaborative manner with other relevant government agencies and
trade stakeholders in the arena of performance measurement. 39

Performance Indicators

Alternatively, any country has the option to develop and adopt its own set of
trade facilitation performance indicators. By doing so, its NTFC can tailor
measurements to specific context and priorities, allowing for a more
customized and targeted assessment of its trade facilitation efforts. It is
important that standard trade facilitation issues easily link to these indicators,
so that the process of development and adoption of indicators can be
properly monitored and reviewed. Regular evaluation of the impact of trade
facilitation measures by both the public and private sector is what
determines if the targeted results are achieved and provide justification for
implementation of more ambitious measures over time. Even “quick win”
goals that can be easily and rapidly achieved are useful performance
indicators and are good ways to build up long-term project achievements.
Because visible results are the best way to keep and expand broad-based
buy-in and secure resources for further reforms, installing performance
indicators has become a priority for many countries.

One long-running progress document was Doing Business, a Ranking Index


published by the World Bank that measured trade and business regulations
in 190 economies through 5 categories and 12 subdivisions. Its measurements
were made up of indicators like opening a business (getting incorporated,
hiring employees); setting up shop (dealing with construction permits,
obtaining utilities, registering property); accessing finance (starting a credit
line, protecting minority investments); quotidian operations (paying taxes,
trading across borders, contracting with the government), and securing

39World Trade Organization. Time Release Study Guide. https://www.wcoomd.org/en/topics/facilitation/instrument-and-


tools/tools/time-release-study.aspx

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business environments (enforcing contracts, resolving insolvency). While the


publication of Doing Business was discontinued in 2020 due to irregular
reporting, other countries have since used its template, such as Malaysia ś
Focus Group on Trading Across Borders (FGTAB) to monitor similar indicators
for procedures, time, and costs necessary for project-based completion. 40

Progress Methodologies

The FGTAB has raised awareness of its Traffic Light methodology, a visual aid
that marks projects from the past fiscal year as green (100% achieved), yellow
(up to 80% achieved), or red (lower achieving). Newer project management
methodologies like Waterfall and Agile have become industry standards, with
helping NTFCs adopt them becoming a growing business. Vertech, for
example, describes Waterfall as a sequential, chronological approach that
gathers all necessary information before following predetermined steps to
completion, comparing it to building a house where the plan is known in
advance. 41

The Waterfall project management methodology is well-suited for projects


that have previously demonstrated success in other contexts, as it relies on
comprehensive upfront planning and a sequential, linear approach. However,
Waterfall is less effective for new, complex projects with unforeseen variables.
In contrast, Agile is not a methodology per se, but rather a set of practices
that promote adaptive planning, iterative development, quick delivery, and
continual improvement. Rather than extensive initial planning, Agile
methodologies are open to changing requirements and encourage constant
feedback from stakeholders.

For National Trade Facilitation Committees (NTFCs), the Agile approach may
be more beneficial, as it allows for frequent and early access to developed
work, enabling active participation from committee members. In the Agile
framework, progress is backlogged and prioritized by importance, and the
project is divided into timed "sprints" with a running list of planned
deliverables, rather than a rigid, pre-set schedule. This iterative, responsive
nature of Agile, in contrast to Waterfall's emphasis on comprehensive upfront

40 World Bank. Doing Business Ranking Guide.

https://openknowledge.worldbank.org/server/api/core/bitstreams/2db10c90-db63-5746-a4e3-1bfe264dda7c/content
41
“Agile vs Waterfall Project Management.” Vertech Blog. https://www.vertech.com/blog/agile-
waterfall#:~:text=In%20Waterfall%2C%20key%20performance%20indicators,materials%2C%20timeline%2C%20and%20budg
et.

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planning, can be advantageous for the dynamic, collaborative nature of


NTFCs.

3.4. FUNDING AND FINANCING


The private sector encompasses a diverse range of companies and
associations that vary in nature, size, production. NTFC meetings are not the
ideal place for private sector stakeholders to figure out how to unite behind
certain initiatives or reforms but should instead strive to meet independently
to do so. 42 It is to their overall interest to find common ground especially
when seeking to influence new legislation and regulations proposed by the
public sector. 43 But any of these efforts, of course, require funding.
The sources that fund an NTFC can have significant impact on its governance
and sustainability. Ideally, an NTFB should be independent of government,
free to express its own views and challenge government where necessary. At
the same time, it should not be purely a business lobby, as that would also
potentially devalue its impact as an honest broker.

To be effective, an NTFC should seek to diversify its funding sources and elect
as secretariats members who are independent of any ministry or company
funders, less the perception of bias be allowed to take root resulting in
distrust and ultimately disfunction from its members. It is also recommended
that an NTFC hold its meetings in a neutral space like a chamber of
commerce. Because sources may contribute funds to be more influential in
an NTFC’s policy making, the relationship between funding and
independence presents a potential conundrum: the greater the
independence of the NTFC, the greater likelihood of it being supported by
private sector stakeholders.

During the trade facilitation “boom” that occurred after entry into force of the
TFA in 2017, developing countries and LDCs received financial assistance and
capacity building from independent donors and international cooperation
agencies. However, if or as this support decreases, NTFCs will have to adapt to
allowing greater government financial support that could risk its ability to
express itself freely. Extensive studies have demonstrated that the share of

42
Interview with Poul Hansen, Chief, Trade Facilitation Section at UNCTAD
43
Interview with WTO Officer and Interview with Poul Hansen, Chief, Trade Facilitation Section at UNCTAD

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NTFCs financed solely by the government is inversely proportional to the level


of development of a country. The most used source for the funding of
facilitation bodies are regular government budgets, supplemented by direct
contributions from private/ business sector members. If these funding
sources are not sufficient, it may be necessary to tap new sources of funding,
such as international assistance. UNCTAD recommends, especially for
developing and least developed countries, to include tasks and budget
allocations for the trade facilitation bodies when applying for international
funds for concrete projects in trade facilitation.

Alternatively, the Economic and Social Commission for Asia and the Pacific
(ESCAP) notes that a Public-Private Partnership (PPP) modality could also be
envisaged for Transport and Trade Facilitation Mechanisms: part of the
resources may come from private-sector organizations such as Chambers of
Commerce or Industry Associations to fund projects whereas public-sector
contribution may come in the form of organizational contributions (e.g.,
permanent or temporary staff such as researches to collect and/or analyze
data). Communicating the progress of these initiatives—as uploaded
documents, or newsletters, or social media—will be important to win
continuous and broad-based support, including financial support, from a
wide range of public and private stakeholders. 44

Global Competitiveness

Striving for global competitiveness is another way to win support and finance
initiatives. One of the most successful NTFC projects has been the Globally
Competitive Companies initiative (GCC) overseen by Singapore´s trade
facilitation advisory committee International Enterprise. 45 In providing
assistance to raise the profile of its local companies, Singapore has become
one of the top-rated financial centers in the world, winning many awards for
its innovations, with its GCCs competing on the global stage against the very
best in their industries. Several key factors contributed to this success, among
them a digital friendly environment, high quality infrastructure and educated
citizenry, political stability, and a rapidness in adopting new technologies,

44 Towards a National Integrated and Sustainable Trade and Transport Facilitation Monitoring Mechanism: BPA+. | United
Nations (ESCAP). (2014) Available at: https://www.unescap.org/sites/default/files/0%20-%20Full%20text_0_2.pdf
45 Ministry of Trade and Transport Singapore. Factsheet 2023. https://www.mti.gov.sg › FullReport_AES2023

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especially those that improve the quality of life for Singaporeans. GCCs then
are part of the Singaporean brand, a success of its NTFC that has sought to
bolster economic resilience develop Singaporeans companies into global
business leaders. Through its Global Company Partnership (GCP) and Market
Readiness Assistance (MRA), Singapore-based companies at all levels can be
groomed toward global competitiveness. As a city-state, its manageable size
has no doubt contributed to this rapid growth, but other countries with larger
territories to manage have begun studying to make the Singaporean model
work for them.

SECTION 3 SUMMARY TABLE: SUSTAINING EFFICIENT


NTFC MANAGEMENT PRACTICES

Aspect Challenge Solution

NTFCs need a shared Adhere to the WTO’s published


INSTITUTIONALIZIN vision to guide the principles on trade and use “make
G PRINCIPLES AND mission and morality of your bed everyday” values to
VALUES its members. engender good habits.

MEETING Disorganized meetings Stick to schedules, send out


ORGANIZATION discourage functional necessary documents well in
NTFCs advance of meetings, and keep all
members informed of
developments.

PROJECT Projects that are not Use performance indicators and


MANAGEMENT monitored fail. progress methodologies such as
Waterfall and Agile to chart and
monitor a roadmap’s progress.

NTFCs need funding to Seek donors and contributors


FUNDING AND finance many of their outside of government influence
FINANCING initiatives. and encourage domestic companies
toward global competitiveness.
Source: Author

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PART 4
The Future of NTFCs
4.1 AGENDA 2030
In 2015, a High-Level Political Forum (HLPF) created by the United Nations
adopted the 2030 Agenda for Sustainable Development (AGENDA 2030), an
ambitious fifteen-year “plan of action for people, planet and prosperity,” that
sought to strengthen “universal peace in larger freedom,” eradicate “poverty
in all its forms and dimensions, including extreme poverty, the greatest
global challenge and an indispensable requirement for sustainable
development.” All UN members and stakeholders, acting in collaborative
partnership, were to implement this plan. 46

The 2030 Agenda for Sustainable Development, adopted by the United


Nations, outlines 17 Goals and 169 targets to address the economic, social, and
environmental dimensions of sustainability. Building upon the previous
Millennium Development Goals, the 2030 Agenda aims to realize human
rights for all and achieve gender equality and the empowerment of women
and girls.

Goal 17, "Partnerships for the Goals," specifically focuses on strengthening


global partnerships, including in the area of trade. The High-Level Political
Forum (HLPF) has noted that while trade liberalization and globalization can
have positive impacts on sustainable development, they can also have
negative effects. There remains a need to support developing countries in
integrating into and benefiting from the multilateral trading system, while
also enhancing the contribution of the trading system to sustainable
development.

The 2030 Agenda emphasizes that the Sustainable Development Goals are
integrated and indivisible, requiring a balanced approach to economic, social,
and environmental progress. Achieving this balance is crucial for realizing the
ambition and scale of the 2030 Agenda and its vision of a more sustainable
and equitable future for all.

46 United Nations Agenda 2030 for Sustainable Development. https://sdgs.un.org/2030agenda

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A supportive international economic environment is crucial. Agenda 21 calls


for a supportive international climate for achieving environment and
development goals by: 1) promoting sustainable development through trade
liberalization; 2) making trade and environment mutually supportive; 3)
providing adequate financial resources to developing countries dealing with
international debt; and 4) encouraging macroeconomic policies conducive to
environment and development. NTFAs are not only encouraged to form and
promote effective public-private and civil society partnerships but have built
much on the experience and resourcing strategies of such partnerships.
Public–private partnerships on international trade procedures have become
vital in establishing trusted relationships and collaboration. 47 Nourishing
global partnerships for sustainable development produces better senior
management commitment, stronger mutual trust, transparent and open
communication, and improved engagement from a diversity of businesses
like MSMEs. 48

4.2. MAINTAINING TRUST BETWEEN THE PUBLIC AND PRIVATE


CENTER
Trust and a fruitful dialogue between the public and the private sectors are
key for the successful development and implementation of trade facilitation
reforms. 49 Lack of trust, a precondition to effective and meaningful
engagement, limits the kind of information sharing necessary for successful
public-private collaboration. This challenge is particularly difficult to
overcome in a context in which one of the parties – the government – is
responsible for regulating the other – business. On the one hand,
governments may be reluctant to share information on issues that are
regarded as being strictly under their authority or that may increase the
possibility of capture by private interests (e.g. businesses providing input to
the definition of rules and regulations by which they should abide). Some
agencies involved may find public-private collaboration a hindrance. For
instance, customs might see the private-sector as a group that wants to take
away their control regarding custom processes and regulations; health

47 United Nations Conference on Trade and Development. (2017) National Trade Facilitation Committees: Beyond compliance
with the WTO Trade Facilitation Agreement? | United Nations. Available at: https://unctad.org/system/files/official-
document/dtltlb2017d3_en.pdf
48 National Committees on Trade Facilitation A WCO GUIDANCE Article 23.2 of the WTO Trade Facilitation Agreement | WORLD

CUSTOMS ORGANIZATIO. (2016, March). Available at: https://www.wcoomd.org/-/media/wco/public/global/pdf/topics/wto-


atf/national-committees-on-trade-facilitation/guidance/nctf.PDF?db=web
49 UNITED NATIONS. (2020, 1 December). National trade facilitation committees as coordinators of trade facilitation reforms.

UNITED NATIONS. Available at: https://unctad.org/system/files/official-document/dtltlb2020d1_en.pdf Page: 27

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agencies might see the private-sector as if they want to impose the resources
or requirements to obtain health permits; Agriculture agencies may think the
private-sector has no idea of the consequences (such as drought, famine, or
disease) that can be brought without the proper controls. 50
On the other hand, although businesses understand they have much to
contribute and are increasingly interested in sharing information that can
lead to better policies, they may be concerned that such information will be
used to justify undue regulation, or that it may benefit a competitor.
Additionally, in economies where democratic governance is flawed or
completely absent on trade matters or in general, relations between public
and private sectors tend to be enduringly antagonistic. One of the challenges
for stakeholders is to take ownership of the issues: the private sector
sometimes gets the sense that government officials act more like rulers than
facilitators.

The NTFC needs the private sector to trust that it is useful just as the public
sector must trust that the private sector is not seeking to enforce an agenda.
For this trust, both sectors must have a mindset of working together in both
interests, from pre-arrival processing to single window systems to advance
rulings to risk management to electronic signatures to inter-agency
collaboration. All these measures not only advocate for control but,
conversely, they serve as facilitators. They collectively contribute to enhanced
compliance assurance, ensuring a smoother and more efficient process. For
instance, when health, transportation, and customs agencies jointly inspect a
container, it minimizes the number of times the importer or exporter needs
to open and close the container, saving valuable time and effort. 51

4.3. GROWING TRADE EXPERTISE AND SAVVY


Stakeholder representatives should be sufficiently senior in terms of their
knowledge, expertise, and competence. 52 However, for many in the private
sector, WTO matters including the WTO TFA and trade facilitation practices
are not well known, nor are they properly informed about the trade policy
objectives and initiatives. The public sector, meanwhile, often has limited

50
Interview with Carlos Enriquez Montes, Senior Director for Regulatory Affairs, DHL Americas
51
Interview with Jan Hoffmann, Head of Trade Logistics Branch at UNCTAD
52
COMCEC COORDINATION OFFICE, (2015, August). (NTFBs) in the OIC Member States | Standing
Committee for Economic and Commercial Cooperation of the Organization of Islamic Cooperation
(COMCEC). Available at: https://www.comcec.org/wp-content/uploads/2021/07/6-Trade-Report.pdf

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understanding of the actual business operations, and even at the


management level, there may be little aware of the situation the private
sector is facing when dealing with procedures. Use of different language and
terminologies often amplifies this knowledge gap. The public sector tends to
use legalistic language and refers to the de jure design of procedures
whereas the private sector communicates in business terminologies and
reports on de facto application of rules and procedures. There have been,
however, efforts to come up with a shared lexical diction.

Technical Variability and Policy Expertise

NTFCs can solve the challenge of language gap by including members from
specific backgrounds to join technical discussions. For instance, the United
States adopted an existing interagency trade review mechanism for its
committee, taking advantage of institutional knowledge, technical expertise,
and established coordination and communication networks and processes.
Representatives of other agencies are invited to attend NTFC meetings
depending on the specific issues discussed. Active NTFC participants are
senior technical-level experts, which allows the committee to conduct
substantive, detailed discussion when necessary. Approximately 20 private-
sector participants serve on the committee, representing a group of
participants with expertise in customs, logistics, and trade facilitation from
companies across the United States. 53

Capacity Building

By developing and strengthening the skills, instincts, abilities, processes and


resources that organizations and communities need to survive, adapt, and
thrive in a fast-changing world, Capacity building helps prepare members for
the kind of dialoguing that occurs at NTFC meetings. 54 The private sector
especially has an important role to play in capacity building because, in most
cases, they are the beneficiaries to evolving terms and conditions. This is
especially true when it comes to customs, the primary overlap between the

53
U.S. Embassy & Consulates in Brazil. (2018, May 15). Structure and Role of the US National Trade
Facilitation Committee | U.S. Embassy & Consulates in Brazil. Available at:
https://br.usembassy.gov/business/economic-data-reports-brazil/structure-and-role-of-the-us-national-trade-
facilitation-committee/
54
United Nations. Capacity-Building | United Nations. Available at: https://www.un.org/en/academic-
impact/capacity-
building#:~:text=Capacity%2Dbuilding%20is%20defined%20as,in%20a%20fast%2Dchanging%20world.

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public and private sectors, as customs understands the environment in which


it operates and has day-to-day contact with government and business trade
and transport. 55 Public-private joint ventures and/or private-sector industry
leaders can be relied upon to design and deliver state-of-the-art training
programs to develop the competencies of the logistics and trading
community. 56

One noted example of capacity building comes from the 4-year Agricultural
Systems and Technology to Facilitate Trade in Paraguay (T-FAST) project,
itself funded by the United States Department of Agriculture (USDA). Its
objective is to simplify, modernize and harmonize the processes for the
export, import and transit of the country’s agricultural products. Because this
is a new initiative, there is a working group within Paraguay’s NTFC to
coordinate courses on T-FAST to its members. By giving a base knowledge of
its tenets and objectives, the NTFC seeks to heighten its success rate for the
project to reduce non-tariff barriers to trade and achieve a 14 percent
reduction in the cost of trade for agricultural products and a 30 percent
decrease in the time to put them on the market.

4.4. IN CONCLUSION
Trade facilitation reforms can unlock considerable gains. Yet neither the
public nor the private sector alone can deliver the full potential of such
reforms. While it is the public sector that implements reforms, businesses
know where the shoe pinches, as demand for trade facilitation reform is
rooted in the frustrations experienced by the private sector itself. Businesses
have skin in the game, as they are directly affected by the ease of trading.
And since competition pushes businesses to innovate, they often think
outside the box and can provide a unique set of skills, expertise, and solutions.
The private sector is not only a powerful stakeholder to drive change, but a
key source of knowledge for the identification, design, and implementation of
trade facilitation reform.

55
THE WTO TRADE FACILITATION AGREEMENT AND THE WCO MERCATOR PROGRAMME APPROACH TO
IMPLEMENTATION | World Customs Organization. Available at: https://www.wcoomd.org/-
/media/wco/public/global/pdf/topics/capacity-building/overview/cap-buil-strat.pdf?la=en (13/19)
COMCEC Handbook for High Performing National Trade Facilitation Bodies | COMCEC COORDINATION
OFFICE (2020, September). Available at: https://www.comcec.org/wp-
content/uploads/2021/11/COMCEC_Handbook-V5_BAT_Printable-High-Resolution.pdf

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The private and public sectors frequently have different priorities and
perspectives of policy issues and risks, but it’s possible for them to work
toward common goals. The public sector is responsible for setting trade
policy, defining the regulatory framework, and ensuring that trade is
compliant with these regulations and the collection of taxes and duties. The
private sector is guided by business objectives and seeks competitiveness
and reliability of its operations and supply chains. It’s by partnering up and
working with each other that any NTFC can not only hope to achieve its
desired outcomes but go beyond them to evolve their economies into major
international powerhouses.

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SECTION 4 SUMMARY TABLE: THE FUTURE OF NTFCS

Aspect Challenge Solution

AGENDA 2030 Hitting sustainable Use the 10th


development goals set anniversary of the
forth by the UN in WTO as a progress
2030. milestone toward
achieving Agenda
2030.

MAINTAINING TRUST Different political, Cooperation for even


BETWEEN THE cultural, and natural minor proceedings
PUBLIC AND PRIVATE causes have disrupted can help strengthen
CENTER NTFC proceedings and lost trust and improve
shaken trust in its on crumbling
members. infrastructure.

GROWING TRADE NTFCs members are Bring in younger,


EXPERTISE AND aging, especially those more tech savvy
SAVVY in charge members who can
bring fresh ideas and
attitude toward an
NTCF

IN CONCLUSION There remains a lot of A lot has been work


work to be done to has been done,
equalize NTFCs and proving that inclusion
optimize on the and collaboration can
possibilities of its bring both progress
gains. and prosperity to a
nation’s economy
through trade and
transport.

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CENTER FOR INTERANTIONAL PRIVATE ENTERPRISE


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