ARISE – The Mapping of ASEAN Disciplines on Non-Tariff Measures and of ASEAN Member States Authorities Having a Role in Collecting, Classifying and Notifying Information on Non-Tariff Measures: Conclusions and Recommendations for the Establishment ofNational Trade Repositories and the ASEAN Trade Repository

Assignment Name : Assisting in the Development of Regional Capacity to Classify and Notify NTMs
Country : Indonesia
Location within country : Hotel Gran Mahakam, Jakarta
Name of Client : European Union & ASEAN Secretariat
Start Date (Month/Year) : 30/04/2014
Completion Date (Month/Year) : 01/05/2014
More specifically, this activity aims at supporting the implementation of the ASEAN Trade in Goods Agreements (hereinafter, ATIGA), with particular focus on enhanced transparency and non-tariff measures (hereinafter, NTMs). The strengthening of the institutional arrangements and management of the regional economic integration process will occur through the creation and operationalization of the ASEAN Trade Repository (hereinafter, ATR) and the National Trade Repositories (hereinafter, NTRs). The identification, classification and notification of NTMs will assist businesses, traders and Governments to deal with such measures, prevent or resolve trade barriers, and foster regional integration.

The ATR must contain the trade and customs laws and procedures of all ASEAN Member States (hereinafter, AMSs) and trade-related information such as: (i) tariff nomenclature; (ii) MFN tariffs, preferential tariffs offered under this Agreement and other Agreements of ASEAN with its Dialogue Partners; (iii) rules of origin; (iv) non-tariff measures; (v) national trade and customs laws and rules; (vi) procedures and documentary requirements; (vii) administrative rulings; (viii) best practices in trade facilitation applied by each Member State; and (ix) list of authorized traders of AMSs. This list is indicative in nature (i.e., non exhaustive) and it should be defined in detail and agreed to by AMSs.

From the indicative list above, it is clear that the trade-related information, which must be notified to and contained in the ATR, particularly as it includes the all-encompassing category of NTMs is comprehensive. It is all measures of AMSs that have an effect on trade. This transparency obligation is very ambitious, much more than those established in the WTO system (or by most other countries or regional groupings), and it is geared to the level of ambition of AEC 2015 and the related process of regional economic integration. This is even more so if it is read in light of the obligation in paragraph 1 of Article 13 that calls for the ATR to be made accessible to the public through internet. It is for the ASEAN Secretariat to maintain and update the ATR based on the notifications submitted by AMSs, decidedly through their respective NTRs.