The ‘Rights’ of the Private Sector in the Trade Facilitation Agreement

Abstract

This article explores the role the private sector can play in the implementation of the Trade Facilitation Agreement (TFA). Notwithstanding that World Trade Organization (WTO) Members’ governments bear the responsibility to implement the obligations arising from the TFA, the agreement creates direct implied rights for the business community. In conformity with the domestic legal framework of each WTO Member, private sector actors may enforce nationally their implicit rights deriving from the TFA as well as advocate towards their own governments to challenge other WTO Members for not implementing the agreement. To enhance the private sector’s participation in trade facilitation reforms, this article suggests ways of involving economic operators in the trade facilitation policymaking and implementation process, notably through public-private dialogue (PPD) entrusted in the National Trade Facilitation Committees (NTFCs), as a key way to cooperate and coordinate with public border agencies on the implementation of the TFA.