Text: Action Agenda Will Serve as Template for Future Apec Work (Part 1 and Part 2)
THE OSAKA ACTION AGENDA - IMPLEMENTATION OF THE BOGOR DECLARATION
PART ONE -- LIBERALIZATION AND FACILITATION
Section A: GENERAL PRINCIPLES
The following General Principles will be applied to the entire APEC liberalization and facilitation process under the Action Agenda to achieve the long-term goal of free and open trade and investment no later than the year 2010 in the case of industrialized economies and the year 2020 in the case of developing economies.
1. Comprehensiveness
The APEC liberalization and facilitation process will be comprehensive, addressing all impediments to achieving the long-term goal of free and open trade and investment.
2. WTO-Consistency
The liberalization and facilitation measures undertaken in the context of the APEC Action Agenda will be WTO-consistent.
3. Comparability
APEC economies will endeavor to ensure the overall comparability of their trade and investment liberalization and facilitation, taking into account the general level of liberalization and facilitation already achieved by each APEC economy.
4. Non-Discrimination
APEC economies will apply or endeavor to apply the principle of non-discrimination between and among them in the process of liberalization and facilitation of trade and investment. The outcome of trade and investment liberalization in the Asia-Pacific region will be the actual reduction of barriers not only among APEC economies but also between APEC economies and non-APEC economies.
5. Transparency
Each APEC economy will ensure transparency of its respective laws, regulations and administrative procedures which affect the flow of goods, services and capital among APEC economies in order to create and maintain an open and predictable trade and investment environment in the Asia-Pacific region.
6. Standstill
Each APEC economy will endeavor to refrain from using measures which would have the effect of increasing levels of protection, thereby ensuring a steady and progressive trade and investment liberalization and facilitation process.
7. Simultaneous Start, Continuous Process and Differentiated Timetables
APEC economies will begin simultaneously and without delay the process of liberalization, facilitation and cooperation with each member economy contributing continuously and significantly to achieve the long-term goal of free and open trade and investment.
8. Flexibility
Considering the different levels of economic development among the APEC economies and the diverse circumstances in each economy, flexibility will be available in dealing with issues arising from such circumstances in the liberalization and facilitation process.
9. Cooperation
Economic and technical cooperation contributing to liberalization and facilitation will be actively pursued.
SECTION B: FRAMEWORK FOR LIBERALIZATION AND FACILITATION
The APEC process of liberalization and facilitation toward achieving the goals set out in the Bogor Declaration will comprise:
a. actions by individual APEC economies;
b. actions by APEC fora; and
c. APEC actions related to multilateral fora, acknowledging that APEC economies that are ready to initiate and implement cooperative arrangements may proceed to do so while those that are not yet ready to participate may join at a later date. This process will be conducted in accordance with the General Principles, addressing the areas listed in Section C.
ACTION PROCESS
Preparation
Each APEC economy will begin to develop its Action Plan immediately after the Osaka Economic Leaders' Meeting. This Action Plan will elaborate steps toward achieving the objectives set out in Section C, including both concerted unilateral actions to be taken in line with issue-specific guidelines and collective actions. Action Plans will contain specific and concrete details, with time frames, for the near to medium-term, while outlining the basic direction toward 2010 in the case of industrialized economies and 2020 in the case of developing economies.
Consultation
APEC economies will commence informal consultations on the development of Action Plans immediately after the Osaka Economic Leaders' Meeting. The consultation process will be an on-going collective effort of a confidence-building nature in order to facilitate exchange of information on progress in the preparation of Action Plans, ensuring transparency and contributing toward attaining the comparability of respective Action Plans. This process will contribute to the consequent development of significant and substantial Action Plans.
Submission
Each APEC economy will submit its Action Plan to the 1996 Ministerial Meeting in the Philippines for assessment.
Implementation
Overall implementation of Action Plans will begin as of January 1997.
Review
Reviews will be conducted to assess progress in implementing Action Plans in accordance with principles, objectives and guidelines of the Action Agenda. Each relevant APEC forum will conduct a review in its respective area and submit a report thereon to the Senior Officials Meeting (SOM). The SOM will then review the overall progress of APEC economies' actions and submit a report to the annual Ministerial Meeting for review. The outcome of these reviews will be fed back into the continuing consultation process to contribute to further development of Action Plans and will be reflected in the activities of APEC fora.
Revision
As Action Plans are of a rolling nature, revision of these will be conducted through a progressive and dynamic mechanism established by the consultation process and reviews, with the results thereof being reflected in the continuing voluntary improvement of Action Plans. Action Plans will also be revised as appropriate in accordance with the expansion and improvement of guidelines and collective actions.
Parallel Activities
APEC fora will make proposals for the expansion and improvement of guidelines and collective actions in their respective areas in accordance with developments in the APEC liberalization and facilitation process, taking into account and, where appropriate, utilizing developments in other international fora, particularly the World Trade Organization (WTO). The inclusion of additional areas to those initially defined in Section C may be considered. Proposals on the above will be submitted to the Ministerial Meeting.
APEC fora, including the Committee on Trade and Investment (CTI), the Economic Committee (EC) and Working Groups, will begin the work outlined in Section C immediately after the Osaka Economic Leaders' Meeting, cooperating with each other to enhance the efficiency of APEC activities. The establishment of additional sub-groups may be considered where necessary. In the above process, duplication of work among APEC fora should be avoided.
Each APEC forum will submit an annual progress report to the SOM. The SOM will review this progress and submit a report to the annual Ministerial Meeting for review. Work by other relevant APEC Ministerial Meetings should be duly recognized.
Multilateral Actions
APEC economies will take the lead in strengthening the open multilateral trading system and enhancing global liberalization momentum by participating actively and positively in multilateral negotiations and exploring the possibility of taking joint initiatives under the WTO, including initiatives for the first WTO Ministerial Meeting in Singapore. APEC economies will take fully into account the outcome of such multilateral activities.
Overall Review
The Action Agenda may be revised and improved as necessary based on the overall progress of liberalization, facilitation and cooperation in APEC, taking into account developments in other international fora, particularly the WTO.
SECTION C: ACTIONS IN SPECIFIC AREAS
APEC economies will take the following actions in specific areas in order to achieve the objectives set out therein in accordance with the General Principles. In the course of the liberalization and facilitation process, economic and technical cooperation will be actively pursued through various means including Partners for Progress (PFP).
1. Tariffs
Objective
APEC economies will achieve free and open trade in the Asia-Pacific region by:
a. progressively reducing tariffs; and
b. ensuring the transparency of APEC economies' respective tariff regimes.
Guidelines
Each APEC economy will:
a. take into account, in the process of progressive reduction of tariffs, intra-APEC trade trends, economic interests and sectors or products related to industries in which this process may have positive impact on trade and on economic growth in the Asia-Pacific region;
b. ensure that the progressive reduction of tariffs is not undermined by the application of unjustifiable measures; and c. consider extending, on a voluntary basis, to all APEC economies the benefits of tariff reductions and eliminations derived from sub-regional arrangements.
Collective Actions
APEC economies will:
a. develop and keep current a computerized tariff database (APEC tariff database) and work toward establishing a database network without duplicating but rather supporting the WTO work in this area; and
b. identify industries in which the progressive reduction of tariffs may have positive impact on trade and on economic growth in the Asia-Pacific region or for which there is regional industry support for early liberalization.
2. Non-Tariff Measures
Objective
APEC economies will achieve free and open trade in the Asia-Pacific region by:
a. progressively reducing non-tariff measures; and
b. ensuring the transparency of APEC economies' respective non-tariff measures.
Guidelines
Each APEC economy will:
a. take into account, in the process of progressive reduction of non-tariff measures, intra-APEC trade trends, economic interests and sectors or products related to industries in which this process may have positive impact on trade and on economic growth in the Asia-Pacific region;
b. ensure that the progressive reduction of non-tariff measures is not undermined by the application of unjustifiable measures; and
c. consider extending, on a voluntary basis, to all APEC economies the benefits of reductions and eliminations of non-tariff measures derived from sub-regional arrangements.
Collective Actions
APEC economies will:
a. pursue incorporation of information on non-tariff measures into a future version of the APEC tariff database and compile a list of measures recognized as non-tariff impediments and a list of products affected by these impediments;
b. identify industries in which the progressive reduction of non-tariff measures may have positive impact on trade and on economic growth in the Asia-Pacific region or for which there is regional industry support for early liberalization;
c. progressively reduce export subsidies with a view to abolishing them; and
d. abolish unjustifiable export prohibitions and restrictions and endeavor to refrain from taking any such new measures.
3. Services
Objective
APEC economies will achieve free and open trade and investment in the Asia-Pacific region by:
a. progressively reducing restrictions on market access for trade in services; and
b. progressively providing for inter-alia most favored nation (MFN) treatment and national treatment for trade in services.
Guidelines
Each APEC economy will:
a. contribute positively to the WTO negotiations on trade in services;
b. expand commitments under the General Agreement on Trade in Services (GATS) on market access and national treatment and eliminate MFN exemptions where appropriate; and
c. consider undertaking further actions to facilitate supply of services.
Collective Actions
APEC economies will take the following Collective Actions with regard to services in the telecommunications, transportation, energy and tourism sectors, and continue to seek Collective Actions in other sectors.
TELECOMMUNICATIONS
APEC economies will:
a. conform, where appropriate, to the Guidelines for Trade in International Value-Added Network Services (IVANS) by 1998;
b. generally conform, where appropriate, to the Guidelines for Harmonization of Equipment Certification in the immediate term;
c. continue to work jointly to harmonize administrative procedures governing certification of customer telecommunications equipment; and
d. develop and begin to implement on an elective basis a model Mutual Recognition Arrangement on conformity assessment by the end of 1997.
TRANSPORTATION
APEC economies will:
a. promote the implementation of International Civil Aviation Organization and International Maritime Organization standards, regulations and safety measures;
b. complete the Transportation Road Transport Harmonization Project and encourage the development of mutual recognition arrangements for road vehicles;
c. encourage involvement in dialogue with the United Nations Economic Commission for Europe and strive to move towards harmonization of road vehicle regulations within an appropriate international forum;
d. examine the possibility of taking appropriate steps to facilitate privatization or corporatization of transportation infrastructure projects;
e. after completing in 1995, Phase II of the Transportation Electronic Data Interchange Study identifying barriers to transportation industry use of Electronic Data Interchange, initiate a pilot Electronic Data Interchange trial program, and determine future direction in the adoption of Electronic Data Interchange as widely as possible throughout the transport sector in the region; and
f. seek to eliminate the requirement for paper documents (both regulatory and institutional) for the key messages relevant to international transport and trade as soon as practicable within the next 10 years.
ENERGY
APEC economies will:
a. facilitate investment in the energy sector by:
(i) identifying, by the end of 1996, institutional, regulatory and procedural impediments that affect investment in electricity infrastructure;
(ii) developing, by the end of 1996, a guidance framework to facilitate investment;
(iii) developing, by the end of 1999, coordinated solutions to more complex issues based on the outcomes of the above activities, and extending these activities to other aspects of the energy supply chain where appropriate; and
(iv) considering, in the long-term, issues associated with facilitating transborder infrastructure and the financing thereof; and
b. accept equivalence in accreditation and increase harmonization of energy standards by;
(i) establishing, by the end of 1996, the basis for the mutual recognition of testing protocols and the accreditation of laboratories, and the acceptance of the test results arising from them;
(ii) reaching, by the end of 1999, agreement on the mutual recognition of testing protocols and the accreditation of laboratories, and the acceptance of the test results arising from them; and
(iii) extending, in the long-term, work on energy standards to specific products starting from domestic appliances and going on to selected items of industrial and commercial equipment.
TOURISM
APEC economies will identify impediments to tourism growth and formulate strategies that will improve tourism movements and investment in the Asia-Pacific region.
4. INVESTMENT
OBJECTIVE
APEC economies will achieve free and open investment in the Asia-Pacific region by:
a. liberalizing their respective investment regimes and the overall APEC investment environment by, inter-alia, progressively providing for MFN treatment and national treatment and ensuring transparency; and
b. facilitating investment activities through, inter alia, technical assistance and cooperation.
GUIDELINES
Each APEC economy will:
a. progressively reduce or eliminate exceptions and restrictions to achieve the above objective, using as an initial framework the WTO Agreement, the APEC Non-Binding Investment Principles, any other international agreements relevant to that economy, and any commonly agreed guidelines developed in APEC; and
b. explore expansion of APEC's network of bilateral investment agreements.
COLLECTIVE ACTIONS
APEC economies will:
a. increase, in the short term, the transparency of APEC investment regimes by (i) updating the "APEC Guidebook On Investment Regimes;" as appropriate to reflect changes in regimes; (ii) establishing software networks on investment regulations and investment opportunities; and (iii) improving the state of statistical reporting and data collection;
b. promote, in the short term, an on-going mechanism for dialogue with the APEC business community on ways to improve the APEC investment environment;
c. identify, in the short term, on-going technical cooperation needs in the Asia-Pacific region and organize training programs which will assist APEC economies in fulfilling APEC investment objectives;
d. establish, in the short term, a dialogue process with the Organization for Economic Cooperation and Development (OECD) and other international fora involved in global and regional investment issues;
e. define and implement, in the short term, follow-on training to the Uruguay Round implementation seminars;
f. undertake an evaluation of the role of investment liberalization in economic development in the Asia-Pacific region;
g. study, in the medium term, possible common elements between existing sub-regional arrangements relevant to investment;
h. refine, in the medium term, APEC's understanding of "free and open investment;" and
i. assess, in the long-term, the merits of developing an APEC-wide discipline on investment in the light of APEC's own progress through the medium term as well as developments in other international fora.
5. STANDARDS AND CONFORMANCE
OBJECTIVE
APEC economies will, in accordance with the Declaration on APEC Standards and Conformance Framework and with the Agreement on Technical Barriers to Trade (TBT Agreement) and the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) attached to the WTO Agreement:
a. ensure the transparency of the standards and conformity assessment of APEC economies;
b. align APEC economies' mandatory and voluntary standards with international standards;
c. achieve mutual recognition among APEC economies of conformity assessment in regulated and voluntary sectors; and
d. promote cooperation for technical infrastructure development to facilitate broad participation in mutual recognition arrangements in both regulated and voluntary sectors.
GUIDELINES
Each APEC economy will:
a. develop, by the end of 1997, the sections of its Action Plan related to alignment with international standards, taking into account the outcomes of the case studies in the four priority areas (electrical and electronic appliances, food labeling, plastic products and rubber products) as well as developments in further priority areas to be considered in 1996;
b. participate actively in the international standardization activities of international standardizing bodies such as the International Organization for Standardization (ISO), the International Electrotechnical Commission (IEC) and the Codex Alimentarius Commission in accordance with the rules and procedures of these organizations;
c. pursue mutual recognition arrangements in regulated sectors through (i) the development of bilateral, multi-sectoral mutual recognition arrangements, which might at a later stage provide the basis for plurilateral arrangements; and (ii) the development of plurilateral mutual recognition arrangements in particular sectors, endeavoring to complete a pilot project on food products in 1997 and to develop an arrangement on information exchange on toy safety in 1996; and
d. consider participation in the Treaty of the Metre (La Convention Du Metre) and the Treaty of OIML (La Convention Instituant Une Organisation Internationale De Metrologie Legale) by 2005 in accordance with the rules and procedures of these treaties.
COLLECTIVE ACTIONS
APEC economies will take Collective Actions with regard to standards and conformance in the following four areas.
ALIGNMENT WITH INTERNATIONAL STANDARDS
APEC economies will:
a. consider, in 1996, further priority areas for alignment with international standards; and
b. conduct a comprehensive review of progress on alignment with international standards in 2000 and in 2005.
MUTUAL RECOGNITION OF CONFORMITY ASSESSMENT
APEC economies will, in cooperation with relevant specialist regional bodies such as the Asia Pacific Laboratory Accreditation Co-operation (APLAC), the Asia Pacific Legal Metrology Forum (APLMF), the Asia Pacific Metrology Program (APMP), the Pacific Accreditation Co-operation (PAC) and the Pacific Area Standards Congress (PASC):
a. identify, in 1996, additional priority areas for the development of mutual recognition arrangements in regulated sectors;
b. encourage establishment of and participation in, by 2000 in the case of industrialized economies and 2005 in the case of developing economies, a network of mutual recognition arrangements in voluntary sectors;
c. strive to establish a network of mutual recognition arrangements on a sector by sector basis in most regulated sectors, starting with mutual acceptance of test results and going on to establish mutual recognition of other possible forms of conformity assessment; and
d. study the adequacy of monitoring and review mechanisms for maintaining confidence in mutual recognition arrangements.
COOPERATION ON TECHNICAL INFRASTRUCTURE DEVELOPMENT
APEC economies will:
a. develop in 1996 a mid-term program to improve technical infrastructure by 2000, and undertake regular reviews and follow-ups for technical upgrading; and
b. conduct a comprehensive review on implementation of the above program after 2000.
TRANSPARENCY
APEC economies will:
a. conduct a survey in 1996 to assess the availability of and access to standards and conformance information in each APEC economy and also systems for the exchange of such information; and
b. develop, by 2005 in the case of industrialized economies and 2010 in the case of developing economies, a database and network system to carry information on:
(i) the standards and conformance systems of APEC economies;
(ii) accredited testing/calibration laboratories, quality systems certification/registration bodies and accreditation bodies;
(iii) the status of mutual recognition arrangements; and
(iv) the status of alignment of APEC economies' standards with international standards.
6. CUSTOMS PROCEDURES
OBJECTIVE
APEC economies will facilitate trade in the Asia-Pacific region by simplifying and harmonizing customs procedures.
GUIDELINES Each APEC economy will take actions toward achieving the above objective:
a. along the lines of the Strategic Direction of the Action Program of the Sub-Committee on Customs Procedures; and
b. taking fully into consideration the Guiding Principles (FACTS: Facilitation, Accountability, Consistency, Transparency, Simplification) of the above Action Program.
COLLECTIVE ACTIONS
APEC economies will take Collective Actions with regard to customs procedures in the following areas.
TARIFF NOMENCLATURE HARMONIZATION
APEC economies will harmonize tariff nomenclature by adopting or abiding by the principles of the International Convention on the Harmonized Commodity Description and Coding System (HS Convention) by 1996.
PUBLIC AVAILABILITY OF INFORMATION
APEC economies will make available to the public information on administrative guidelines, procedures and rulings in addition to customs laws and regulations by 1998.
SIMPLIFICATION AND HARMONIZATION ON THE BASIS OF THE KYOTO CONVENTION
APEC economies will simplify and harmonize customs procedures by adopting or abiding by the principles of the International Convention on the Simplification and Harmonization of Customs Procedures (Kyoto Convention) by the indicative target of 1998, together with encouraging APEC economies to actively participate in the work of the Customs Cooperation Council (World Customs Organization; WCO) in the review of the Kyoto Convention in accordance with the WCO rules and procedures.
COMPUTERIZATION THROUGH UN/EDIFACT
APEC economies will enhance computerization of customs procedures by adopting and supporting the UN/EDIFACT standard by 1999.
ALIGNMENT WITH WTO AGREEMENTS
APEC economies will:
a. harmonize customs valuation systems by adopting or abiding by the principles of the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 (WTO Customs Valuation Agreement) by 2000, while encouraging further acceleration, if possible, through technical assistance; and
b. protect intellectual property rights by adopting or abiding by the principles of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) by 2000, with regard to border control while encouraging further acceleration, if possible, through technical assistance.
APPEAL PROVISION
APEC economies will introduce clear appeal provisions within each economy by 2000.
ADVANCE RULING SYSTEMS
APEC economies will introduce advance tariff classification ruling systems by 2000.
TEMPORARY IMPORTATION
APEC economies will provide facilities for temporary importation by 2000, by taking such action as acceding, where appropriate, to the Customs Convention on the A.T.A. Carnet for the Temporary Admission of Goods (the A.T.A. Convention).
RISK MANAGEMENT APPROACH AND ELECTRONIC COMMERCE SYSTEMS
APEC economies will explore the possibility of introducing a risk management approach and applying modern electronic commerce systems to facilitate cargo clearance.
COMMON DATA ELEMENTS
APEC economies will explore the feasibility of harmonizing among APEC economies common data elements for customs processing of cargo to facilitate international trade.
COMMON FIELD SURVEYS
APEC economies will work towards conducting common field surveys on the time required for cargo clearance, recognizing the necessity of a common yardstick.
IMPLEMENTATION, TECHNICAL COOPERATION AND HUMAN RESOURCES DEVELOPMENT
APEC economies will develop implementation plans and a framework for coordinated technical assistance and human resources development in support of the above Collective Actions, with particular emphasis placed on implementation of customs procedure-related agreements such as the WTO Customs Valuation Agreement and the TRIPS Agreement.
PROMOTION OF DIALOGUE WITH THE BUSINESS/PRIVATE SECTOR
APEC economies will promote dialogue with the business/private sector (importers, exporters, customs brokers, forwarders, etc.) within each economy to assist in improving customs-related trade practices.
7. INTELLECTUAL PROPERTY RIGHTS
OBJECTIVE
APEC economies will ensure adequate and effective protection, including legislation, administration and enforcement, of intellectual property rights in the Asia-Pacific region based on the principles of MFN treatment, national treatment and transparency as set out in the TRIPS Agreement and other related agreements.
GUIDELINES
Each APEC economy will:
a. ensure that intellectual property rights are granted expeditiously;
b. ensure that adequate and effective civil and administrative procedures and remedies are available against infringement of intellectual property rights; and
c. provide and expand bilateral technical cooperation in relation to areas such as patent search and examination, computerization and human resources development for the implementation of the TRIPS Agreement and acceleration thereof.
COLLECTIVE ACTIONS
APEC economies will:
a. deepen the dialogue on intellectual property policy among APEC economies;
b. survey the current status of intellectual property rights protection in each APEC economy including the related statutes and corresponding jurisprudence, administrative guidelines and activities of related organizations;
c. develop a contact point list of public and business/private sector experts on intellectual property rights and a list of law enforcement officers, the latter list for the purpose of establishing a network to prevent cross-border flow of counterfeits;
d. exchange information on well-known trademarks as a first step in examining the possibility of establishing an APEC-wide trademark system;
e. exchange information on current intellectual property rights administrative systems with a view to simplifying and standardizing administrative systems throughout the region;
f. study measures, including development of principles, for the effective enforcement of intellectual property rights; and
g. implement fully the TRIPS Agreement no later than January 1, 2000 and examine ways to facilitate technical cooperation to this end.
8. COMPETITION POLICY
OBJECTIVE
APEC economies will enhance the competitive environment in the Asia-Pacific region by introducing or maintaining effective and adequate competition policy and/or laws and associated enforcement policies, ensuring the transparency of the above, and promoting cooperation among APEC economies, thereby maximizing, inter-alia, the efficient operation of markets, competition among producers and traders, and consumer benefits.
GUIDELINES
Each APEC economy will:
a. review its respective competition policy and/or laws and the enforcement thereof in terms of transparency;
b. implement as appropriate technical assistance in regard to policy development, legislative drafting, and the constitution, powers and functions of appropriate enforcement agencies; and
c. establish appropriate cooperation arrangements among APEC economies.
COLLECTIVE ACTIONS
APEC economies will:
a. gather information and promote dialogue on and study, starting from 1996;
i) the objectives, necessity, role and operation of each APEC economy's competition policy and/or laws and administrative procedures, thereby establishing a database on competition policy;
ii) competition policy issues that impact on trade and investment flows in the Asia-Pacific region;
iii) areas for technical assistance and the modalities thereof, including exchange and training programs for officials in charge of competition policy, taking into account the availability of resources; and
iv) the inter-relationship between competition policy and/or laws and other policies related to trade and investment;
b. deepen competition policy dialogue between APEC economies and relevant international organizations;
c. continue to develop understanding in the APEC business community of competition policy and/or laws and administrative procedures;
d. encourage cooperation among the competition authorities of APEC economies with regard to information exchange, notification and consultation;
e. contribute to the use of trade and competition laws, policies and measures that promote free and open trade, investment and competition; and
f. consider developing non-binding principles on competition policy and/or laws in APEC.
9. GOVERNMENT PROCUREMENT
OBJECTIVE
APEC economies will:
a. develop a common understanding on government procurement policies and systems, as well as on each APEC economy's government procurement practices; and
b. achieve liberalization of government procurement markets throughout the Asia-Pacific region in accordance with the principles and objectives of the Bogor Declaration, contributing in the process to the evolution of work on government procurement in other multilateral fora.
GUIDELINES
Each APEC economy will:
a. enhance the transparency of its government procurement regimes and its government procurement information; and
b. establish, where possible, a government procurement information database and provide the information through a common entry point.
COLLECTIVE ACTIONS
APEC economies will:
a. conduct questionnaire surveys in 1996 to exchange information on existing government procurement regimes and on publication of government procurement information in APEC economies;
b. establish contact points in 1996 to facilitate on-going exchange of the above information;
c. hold workshops, seminars and training courses, starting from 1996, on government procurement procedures, laws, regulations and regional and plurilateral agreements, including the United Nations Commission on International Trade Law (UNCITRAL) Model Law, the North American Free Trade Agreement (NAFTA), Australia New Zealand Closer Economic Relations Trade Agreement (ANZCERTA) and the Agreement on Government Procurement of Annex IV of the WTO Agreement;
d. encourage establishment of an APEC government procurement information database in 1996, including information on procurement opportunities and the provision of a common entry point (such as World Wide Web (WWW) Home Page on the Internet) for participation by members on a voluntary basis; and
e. develop, by 2000, a set of non-binding principles on government procurement.
10. DEREGULATION
OBJECTIVE
APEC economies will:
a. promote the transparency of their respective regulatory regimes; and
b. eliminate trade and investment distortion arising from domestic regulations which not only impede free and open trade and investment in the Asia-Pacific region but also are more trade and/or investment restricting than necessary to fulfill a legitimate objective.
COLLECTIVE ACTIONS
APEC economies, taking into account work done in other areas of APEC activity will:
a. publish annual reports detailing actions taken by APEC economies to deregulate their domestic regulatory regimes; and
b. develop further actions taking into account the above reports, including;
(i) policy dialogue on APEC economies' experiences in regard to best practices in deregulation, including the use of individual case studies to assist in the design and implementation of deregulatory measures, and consideration of further options for a work program which may include:
-- identification of common priority areas and sectors for deregulation;
-- provision of technical assistance in designing and implementing deregulation measures; and
-- examination of the possibility of establishing APEC guidelines on domestic deregulation; and
(ii) regular dialogue with the business community, including a possible symposium.
11. RULES OF ORIGIN
OBJECTIVE
APEC economies will:
a. ensure full compliance with internationally harmonized rules of origin to be adopted in relevant international fora; and
b. ensure that their respective rules of origin are prepared and applied in an impartial, transparent and neutral manner.
GUIDELINES
Each APEC economy will:
a. align its respective rules of origin with internationally harmonized rules of origin to be adopted as a result of the WTO/WCO process; and
b. ensure predictable and consistent application of rules of origin.
COLLECTIVE ACTIONS
APEC economies will:
a. gather information on APEC economies' respective rules of origin, both non-preferential and preferential, and operation thereof without duplicating WTO work in this area, exchange views and develop a compendium of rules of origin for the use of the business/private sector;
b. facilitate, complement and accelerate, in the short term, WTO/WCO work on harmonization of non-preferential rules of origin; and
c. study in due course the implication of rules of origin on the free flow of trade and investment, with a view to identifying, in the longer term, both positive and negative aspects and effects of rules of origin related practices.
PART ONE -- LIBERALIZATION AND FACILITATION
Section A: GENERAL PRINCIPLES
The following General Principles will be applied to the entire APEC liberalization and facilitation process under the Action Agenda to achieve the long-term goal of free and open trade and investment no later than the year 2010 in the case of industrialized economies and the year 2020 in the case of developing economies.
1. Comprehensiveness
The APEC liberalization and facilitation process will be comprehensive, addressing all impediments to achieving the long-term goal of free and open trade and investment.
2. WTO-Consistency
The liberalization and facilitation measures undertaken in the context of the APEC Action Agenda will be WTO-consistent.
3. Comparability
APEC economies will endeavor to ensure the overall comparability of their trade and investment liberalization and facilitation, taking into account the general level of liberalization and facilitation already achieved by each APEC economy.
4. Non-Discrimination
APEC economies will apply or endeavor to apply the principle of non-discrimination between and among them in the process of liberalization and facilitation of trade and investment. The outcome of trade and investment liberalization in the Asia-Pacific region will be the actual reduction of barriers not only among APEC economies but also between APEC economies and non-APEC economies.
5. Transparency
Each APEC economy will ensure transparency of its respective laws, regulations and administrative procedures which affect the flow of goods, services and capital among APEC economies in order to create and maintain an open and predictable trade and investment environment in the Asia-Pacific region.
6. Standstill
Each APEC economy will endeavor to refrain from using measures which would have the effect of increasing levels of protection, thereby ensuring a steady and progressive trade and investment liberalization and facilitation process.
7. Simultaneous Start, Continuous Process and Differentiated Timetables
APEC economies will begin simultaneously and without delay the process of liberalization, facilitation and cooperation with each member economy contributing continuously and significantly to achieve the long-term goal of free and open trade and investment.
8. Flexibility
Considering the different levels of economic development among the APEC economies and the diverse circumstances in each economy, flexibility will be available in dealing with issues arising from such circumstances in the liberalization and facilitation process.
9. Cooperation
Economic and technical cooperation contributing to liberalization and facilitation will be actively pursued.
SECTION B: FRAMEWORK FOR LIBERALIZATION AND FACILITATION
The APEC process of liberalization and facilitation toward achieving the goals set out in the Bogor Declaration will comprise:
a. actions by individual APEC economies;
b. actions by APEC fora; and
c. APEC actions related to multilateral fora, acknowledging that APEC economies that are ready to initiate and implement cooperative arrangements may proceed to do so while those that are not yet ready to participate may join at a later date. This process will be conducted in accordance with the General Principles, addressing the areas listed in Section C.
ACTION PROCESS
Preparation
Each APEC economy will begin to develop its Action Plan immediately after the Osaka Economic Leaders' Meeting. This Action Plan will elaborate steps toward achieving the objectives set out in Section C, including both concerted unilateral actions to be taken in line with issue-specific guidelines and collective actions. Action Plans will contain specific and concrete details, with time frames, for the near to medium-term, while outlining the basic direction toward 2010 in the case of industrialized economies and 2020 in the case of developing economies.
Consultation
APEC economies will commence informal consultations on the development of Action Plans immediately after the Osaka Economic Leaders' Meeting. The consultation process will be an on-going collective effort of a confidence-building nature in order to facilitate exchange of information on progress in the preparation of Action Plans, ensuring transparency and contributing toward attaining the comparability of respective Action Plans. This process will contribute to the consequent development of significant and substantial Action Plans.
Submission
Each APEC economy will submit its Action Plan to the 1996 Ministerial Meeting in the Philippines for assessment.
Implementation
Overall implementation of Action Plans will begin as of January 1997.
Review
Reviews will be conducted to assess progress in implementing Action Plans in accordance with principles, objectives and guidelines of the Action Agenda. Each relevant APEC forum will conduct a review in its respective area and submit a report thereon to the Senior Officials Meeting (SOM). The SOM will then review the overall progress of APEC economies' actions and submit a report to the annual Ministerial Meeting for review. The outcome of these reviews will be fed back into the continuing consultation process to contribute to further development of Action Plans and will be reflected in the activities of APEC fora.
Revision
As Action Plans are of a rolling nature, revision of these will be conducted through a progressive and dynamic mechanism established by the consultation process and reviews, with the results thereof being reflected in the continuing voluntary improvement of Action Plans. Action Plans will also be revised as appropriate in accordance with the expansion and improvement of guidelines and collective actions.
Parallel Activities
APEC fora will make proposals for the expansion and improvement of guidelines and collective actions in their respective areas in accordance with developments in the APEC liberalization and facilitation process, taking into account and, where appropriate, utilizing developments in other international fora, particularly the World Trade Organization (WTO). The inclusion of additional areas to those initially defined in Section C may be considered. Proposals on the above will be submitted to the Ministerial Meeting.
APEC fora, including the Committee on Trade and Investment (CTI), the Economic Committee (EC) and Working Groups, will begin the work outlined in Section C immediately after the Osaka Economic Leaders' Meeting, cooperating with each other to enhance the efficiency of APEC activities. The establishment of additional sub-groups may be considered where necessary. In the above process, duplication of work among APEC fora should be avoided.
Each APEC forum will submit an annual progress report to the SOM. The SOM will review this progress and submit a report to the annual Ministerial Meeting for review. Work by other relevant APEC Ministerial Meetings should be duly recognized.
Multilateral Actions
APEC economies will take the lead in strengthening the open multilateral trading system and enhancing global liberalization momentum by participating actively and positively in multilateral negotiations and exploring the possibility of taking joint initiatives under the WTO, including initiatives for the first WTO Ministerial Meeting in Singapore. APEC economies will take fully into account the outcome of such multilateral activities.
Overall Review
The Action Agenda may be revised and improved as necessary based on the overall progress of liberalization, facilitation and cooperation in APEC, taking into account developments in other international fora, particularly the WTO.
SECTION C: ACTIONS IN SPECIFIC AREAS
APEC economies will take the following actions in specific areas in order to achieve the objectives set out therein in accordance with the General Principles. In the course of the liberalization and facilitation process, economic and technical cooperation will be actively pursued through various means including Partners for Progress (PFP).
1. Tariffs
Objective
APEC economies will achieve free and open trade in the Asia-Pacific region by:
a. progressively reducing tariffs; and
b. ensuring the transparency of APEC economies' respective tariff regimes.
Guidelines
Each APEC economy will:
a. take into account, in the process of progressive reduction of tariffs, intra-APEC trade trends, economic interests and sectors or products related to industries in which this process may have positive impact on trade and on economic growth in the Asia-Pacific region;
b. ensure that the progressive reduction of tariffs is not undermined by the application of unjustifiable measures; and c. consider extending, on a voluntary basis, to all APEC economies the benefits of tariff reductions and eliminations derived from sub-regional arrangements.
Collective Actions
APEC economies will:
a. develop and keep current a computerized tariff database (APEC tariff database) and work toward establishing a database network without duplicating but rather supporting the WTO work in this area; and
b. identify industries in which the progressive reduction of tariffs may have positive impact on trade and on economic growth in the Asia-Pacific region or for which there is regional industry support for early liberalization.
2. Non-Tariff Measures
Objective
APEC economies will achieve free and open trade in the Asia-Pacific region by:
a. progressively reducing non-tariff measures; and
b. ensuring the transparency of APEC economies' respective non-tariff measures.
Guidelines
Each APEC economy will:
a. take into account, in the process of progressive reduction of non-tariff measures, intra-APEC trade trends, economic interests and sectors or products related to industries in which this process may have positive impact on trade and on economic growth in the Asia-Pacific region;
b. ensure that the progressive reduction of non-tariff measures is not undermined by the application of unjustifiable measures; and
c. consider extending, on a voluntary basis, to all APEC economies the benefits of reductions and eliminations of non-tariff measures derived from sub-regional arrangements.
Collective Actions
APEC economies will:
a. pursue incorporation of information on non-tariff measures into a future version of the APEC tariff database and compile a list of measures recognized as non-tariff impediments and a list of products affected by these impediments;
b. identify industries in which the progressive reduction of non-tariff measures may have positive impact on trade and on economic growth in the Asia-Pacific region or for which there is regional industry support for early liberalization;
c. progressively reduce export subsidies with a view to abolishing them; and
d. abolish unjustifiable export prohibitions and restrictions and endeavor to refrain from taking any such new measures.
3. Services
Objective
APEC economies will achieve free and open trade and investment in the Asia-Pacific region by:
a. progressively reducing restrictions on market access for trade in services; and
b. progressively providing for inter-alia most favored nation (MFN) treatment and national treatment for trade in services.
Guidelines
Each APEC economy will:
a. contribute positively to the WTO negotiations on trade in services;
b. expand commitments under the General Agreement on Trade in Services (GATS) on market access and national treatment and eliminate MFN exemptions where appropriate; and
c. consider undertaking further actions to facilitate supply of services.
Collective Actions
APEC economies will take the following Collective Actions with regard to services in the telecommunications, transportation, energy and tourism sectors, and continue to seek Collective Actions in other sectors.
TELECOMMUNICATIONS
APEC economies will:
a. conform, where appropriate, to the Guidelines for Trade in International Value-Added Network Services (IVANS) by 1998;
b. generally conform, where appropriate, to the Guidelines for Harmonization of Equipment Certification in the immediate term;
c. continue to work jointly to harmonize administrative procedures governing certification of customer telecommunications equipment; and
d. develop and begin to implement on an elective basis a model Mutual Recognition Arrangement on conformity assessment by the end of 1997.
TRANSPORTATION
APEC economies will:
a. promote the implementation of International Civil Aviation Organization and International Maritime Organization standards, regulations and safety measures;
b. complete the Transportation Road Transport Harmonization Project and encourage the development of mutual recognition arrangements for road vehicles;
c. encourage involvement in dialogue with the United Nations Economic Commission for Europe and strive to move towards harmonization of road vehicle regulations within an appropriate international forum;
d. examine the possibility of taking appropriate steps to facilitate privatization or corporatization of transportation infrastructure projects;
e. after completing in 1995, Phase II of the Transportation Electronic Data Interchange Study identifying barriers to transportation industry use of Electronic Data Interchange, initiate a pilot Electronic Data Interchange trial program, and determine future direction in the adoption of Electronic Data Interchange as widely as possible throughout the transport sector in the region; and
f. seek to eliminate the requirement for paper documents (both regulatory and institutional) for the key messages relevant to international transport and trade as soon as practicable within the next 10 years.
ENERGY
APEC economies will:
a. facilitate investment in the energy sector by:
(i) identifying, by the end of 1996, institutional, regulatory and procedural impediments that affect investment in electricity infrastructure;
(ii) developing, by the end of 1996, a guidance framework to facilitate investment;
(iii) developing, by the end of 1999, coordinated solutions to more complex issues based on the outcomes of the above activities, and extending these activities to other aspects of the energy supply chain where appropriate; and
(iv) considering, in the long-term, issues associated with facilitating transborder infrastructure and the financing thereof; and
b. accept equivalence in accreditation and increase harmonization of energy standards by;
(i) establishing, by the end of 1996, the basis for the mutual recognition of testing protocols and the accreditation of laboratories, and the acceptance of the test results arising from them;
(ii) reaching, by the end of 1999, agreement on the mutual recognition of testing protocols and the accreditation of laboratories, and the acceptance of the test results arising from them; and
(iii) extending, in the long-term, work on energy standards to specific products starting from domestic appliances and going on to selected items of industrial and commercial equipment.
TOURISM
APEC economies will identify impediments to tourism growth and formulate strategies that will improve tourism movements and investment in the Asia-Pacific region.
4. INVESTMENT
OBJECTIVE
APEC economies will achieve free and open investment in the Asia-Pacific region by:
a. liberalizing their respective investment regimes and the overall APEC investment environment by, inter-alia, progressively providing for MFN treatment and national treatment and ensuring transparency; and
b. facilitating investment activities through, inter alia, technical assistance and cooperation.
GUIDELINES
Each APEC economy will:
a. progressively reduce or eliminate exceptions and restrictions to achieve the above objective, using as an initial framework the WTO Agreement, the APEC Non-Binding Investment Principles, any other international agreements relevant to that economy, and any commonly agreed guidelines developed in APEC; and
b. explore expansion of APEC's network of bilateral investment agreements.
COLLECTIVE ACTIONS
APEC economies will:
a. increase, in the short term, the transparency of APEC investment regimes by (i) updating the "APEC Guidebook On Investment Regimes;" as appropriate to reflect changes in regimes; (ii) establishing software networks on investment regulations and investment opportunities; and (iii) improving the state of statistical reporting and data collection;
b. promote, in the short term, an on-going mechanism for dialogue with the APEC business community on ways to improve the APEC investment environment;
c. identify, in the short term, on-going technical cooperation needs in the Asia-Pacific region and organize training programs which will assist APEC economies in fulfilling APEC investment objectives;
d. establish, in the short term, a dialogue process with the Organization for Economic Cooperation and Development (OECD) and other international fora involved in global and regional investment issues;
e. define and implement, in the short term, follow-on training to the Uruguay Round implementation seminars;
f. undertake an evaluation of the role of investment liberalization in economic development in the Asia-Pacific region;
g. study, in the medium term, possible common elements between existing sub-regional arrangements relevant to investment;
h. refine, in the medium term, APEC's understanding of "free and open investment;" and
i. assess, in the long-term, the merits of developing an APEC-wide discipline on investment in the light of APEC's own progress through the medium term as well as developments in other international fora.
5. STANDARDS AND CONFORMANCE
OBJECTIVE
APEC economies will, in accordance with the Declaration on APEC Standards and Conformance Framework and with the Agreement on Technical Barriers to Trade (TBT Agreement) and the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) attached to the WTO Agreement:
a. ensure the transparency of the standards and conformity assessment of APEC economies;
b. align APEC economies' mandatory and voluntary standards with international standards;
c. achieve mutual recognition among APEC economies of conformity assessment in regulated and voluntary sectors; and
d. promote cooperation for technical infrastructure development to facilitate broad participation in mutual recognition arrangements in both regulated and voluntary sectors.
GUIDELINES
Each APEC economy will:
a. develop, by the end of 1997, the sections of its Action Plan related to alignment with international standards, taking into account the outcomes of the case studies in the four priority areas (electrical and electronic appliances, food labeling, plastic products and rubber products) as well as developments in further priority areas to be considered in 1996;
b. participate actively in the international standardization activities of international standardizing bodies such as the International Organization for Standardization (ISO), the International Electrotechnical Commission (IEC) and the Codex Alimentarius Commission in accordance with the rules and procedures of these organizations;
c. pursue mutual recognition arrangements in regulated sectors through (i) the development of bilateral, multi-sectoral mutual recognition arrangements, which might at a later stage provide the basis for plurilateral arrangements; and (ii) the development of plurilateral mutual recognition arrangements in particular sectors, endeavoring to complete a pilot project on food products in 1997 and to develop an arrangement on information exchange on toy safety in 1996; and
d. consider participation in the Treaty of the Metre (La Convention Du Metre) and the Treaty of OIML (La Convention Instituant Une Organisation Internationale De Metrologie Legale) by 2005 in accordance with the rules and procedures of these treaties.
COLLECTIVE ACTIONS
APEC economies will take Collective Actions with regard to standards and conformance in the following four areas.
ALIGNMENT WITH INTERNATIONAL STANDARDS
APEC economies will:
a. consider, in 1996, further priority areas for alignment with international standards; and
b. conduct a comprehensive review of progress on alignment with international standards in 2000 and in 2005.
MUTUAL RECOGNITION OF CONFORMITY ASSESSMENT
APEC economies will, in cooperation with relevant specialist regional bodies such as the Asia Pacific Laboratory Accreditation Co-operation (APLAC), the Asia Pacific Legal Metrology Forum (APLMF), the Asia Pacific Metrology Program (APMP), the Pacific Accreditation Co-operation (PAC) and the Pacific Area Standards Congress (PASC):
a. identify, in 1996, additional priority areas for the development of mutual recognition arrangements in regulated sectors;
b. encourage establishment of and participation in, by 2000 in the case of industrialized economies and 2005 in the case of developing economies, a network of mutual recognition arrangements in voluntary sectors;
c. strive to establish a network of mutual recognition arrangements on a sector by sector basis in most regulated sectors, starting with mutual acceptance of test results and going on to establish mutual recognition of other possible forms of conformity assessment; and
d. study the adequacy of monitoring and review mechanisms for maintaining confidence in mutual recognition arrangements.
COOPERATION ON TECHNICAL INFRASTRUCTURE DEVELOPMENT
APEC economies will:
a. develop in 1996 a mid-term program to improve technical infrastructure by 2000, and undertake regular reviews and follow-ups for technical upgrading; and
b. conduct a comprehensive review on implementation of the above program after 2000.
TRANSPARENCY
APEC economies will:
a. conduct a survey in 1996 to assess the availability of and access to standards and conformance information in each APEC economy and also systems for the exchange of such information; and
b. develop, by 2005 in the case of industrialized economies and 2010 in the case of developing economies, a database and network system to carry information on:
(i) the standards and conformance systems of APEC economies;
(ii) accredited testing/calibration laboratories, quality systems certification/registration bodies and accreditation bodies;
(iii) the status of mutual recognition arrangements; and
(iv) the status of alignment of APEC economies' standards with international standards.
6. CUSTOMS PROCEDURES
OBJECTIVE
APEC economies will facilitate trade in the Asia-Pacific region by simplifying and harmonizing customs procedures.
GUIDELINES Each APEC economy will take actions toward achieving the above objective:
a. along the lines of the Strategic Direction of the Action Program of the Sub-Committee on Customs Procedures; and
b. taking fully into consideration the Guiding Principles (FACTS: Facilitation, Accountability, Consistency, Transparency, Simplification) of the above Action Program.
COLLECTIVE ACTIONS
APEC economies will take Collective Actions with regard to customs procedures in the following areas.
TARIFF NOMENCLATURE HARMONIZATION
APEC economies will harmonize tariff nomenclature by adopting or abiding by the principles of the International Convention on the Harmonized Commodity Description and Coding System (HS Convention) by 1996.
PUBLIC AVAILABILITY OF INFORMATION
APEC economies will make available to the public information on administrative guidelines, procedures and rulings in addition to customs laws and regulations by 1998.
SIMPLIFICATION AND HARMONIZATION ON THE BASIS OF THE KYOTO CONVENTION
APEC economies will simplify and harmonize customs procedures by adopting or abiding by the principles of the International Convention on the Simplification and Harmonization of Customs Procedures (Kyoto Convention) by the indicative target of 1998, together with encouraging APEC economies to actively participate in the work of the Customs Cooperation Council (World Customs Organization; WCO) in the review of the Kyoto Convention in accordance with the WCO rules and procedures.
COMPUTERIZATION THROUGH UN/EDIFACT
APEC economies will enhance computerization of customs procedures by adopting and supporting the UN/EDIFACT standard by 1999.
ALIGNMENT WITH WTO AGREEMENTS
APEC economies will:
a. harmonize customs valuation systems by adopting or abiding by the principles of the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 (WTO Customs Valuation Agreement) by 2000, while encouraging further acceleration, if possible, through technical assistance; and
b. protect intellectual property rights by adopting or abiding by the principles of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) by 2000, with regard to border control while encouraging further acceleration, if possible, through technical assistance.
APPEAL PROVISION
APEC economies will introduce clear appeal provisions within each economy by 2000.
ADVANCE RULING SYSTEMS
APEC economies will introduce advance tariff classification ruling systems by 2000.
TEMPORARY IMPORTATION
APEC economies will provide facilities for temporary importation by 2000, by taking such action as acceding, where appropriate, to the Customs Convention on the A.T.A. Carnet for the Temporary Admission of Goods (the A.T.A. Convention).
RISK MANAGEMENT APPROACH AND ELECTRONIC COMMERCE SYSTEMS
APEC economies will explore the possibility of introducing a risk management approach and applying modern electronic commerce systems to facilitate cargo clearance.
COMMON DATA ELEMENTS
APEC economies will explore the feasibility of harmonizing among APEC economies common data elements for customs processing of cargo to facilitate international trade.
COMMON FIELD SURVEYS
APEC economies will work towards conducting common field surveys on the time required for cargo clearance, recognizing the necessity of a common yardstick.
IMPLEMENTATION, TECHNICAL COOPERATION AND HUMAN RESOURCES DEVELOPMENT
APEC economies will develop implementation plans and a framework for coordinated technical assistance and human resources development in support of the above Collective Actions, with particular emphasis placed on implementation of customs procedure-related agreements such as the WTO Customs Valuation Agreement and the TRIPS Agreement.
PROMOTION OF DIALOGUE WITH THE BUSINESS/PRIVATE SECTOR
APEC economies will promote dialogue with the business/private sector (importers, exporters, customs brokers, forwarders, etc.) within each economy to assist in improving customs-related trade practices.
7. INTELLECTUAL PROPERTY RIGHTS
OBJECTIVE
APEC economies will ensure adequate and effective protection, including legislation, administration and enforcement, of intellectual property rights in the Asia-Pacific region based on the principles of MFN treatment, national treatment and transparency as set out in the TRIPS Agreement and other related agreements.
GUIDELINES
Each APEC economy will:
a. ensure that intellectual property rights are granted expeditiously;
b. ensure that adequate and effective civil and administrative procedures and remedies are available against infringement of intellectual property rights; and
c. provide and expand bilateral technical cooperation in relation to areas such as patent search and examination, computerization and human resources development for the implementation of the TRIPS Agreement and acceleration thereof.
COLLECTIVE ACTIONS
APEC economies will:
a. deepen the dialogue on intellectual property policy among APEC economies;
b. survey the current status of intellectual property rights protection in each APEC economy including the related statutes and corresponding jurisprudence, administrative guidelines and activities of related organizations;
c. develop a contact point list of public and business/private sector experts on intellectual property rights and a list of law enforcement officers, the latter list for the purpose of establishing a network to prevent cross-border flow of counterfeits;
d. exchange information on well-known trademarks as a first step in examining the possibility of establishing an APEC-wide trademark system;
e. exchange information on current intellectual property rights administrative systems with a view to simplifying and standardizing administrative systems throughout the region;
f. study measures, including development of principles, for the effective enforcement of intellectual property rights; and
g. implement fully the TRIPS Agreement no later than January 1, 2000 and examine ways to facilitate technical cooperation to this end.
8. COMPETITION POLICY
OBJECTIVE
APEC economies will enhance the competitive environment in the Asia-Pacific region by introducing or maintaining effective and adequate competition policy and/or laws and associated enforcement policies, ensuring the transparency of the above, and promoting cooperation among APEC economies, thereby maximizing, inter-alia, the efficient operation of markets, competition among producers and traders, and consumer benefits.
GUIDELINES
Each APEC economy will:
a. review its respective competition policy and/or laws and the enforcement thereof in terms of transparency;
b. implement as appropriate technical assistance in regard to policy development, legislative drafting, and the constitution, powers and functions of appropriate enforcement agencies; and
c. establish appropriate cooperation arrangements among APEC economies.
COLLECTIVE ACTIONS
APEC economies will:
a. gather information and promote dialogue on and study, starting from 1996;
i) the objectives, necessity, role and operation of each APEC economy's competition policy and/or laws and administrative procedures, thereby establishing a database on competition policy;
ii) competition policy issues that impact on trade and investment flows in the Asia-Pacific region;
iii) areas for technical assistance and the modalities thereof, including exchange and training programs for officials in charge of competition policy, taking into account the availability of resources; and
iv) the inter-relationship between competition policy and/or laws and other policies related to trade and investment;
b. deepen competition policy dialogue between APEC economies and relevant international organizations;
c. continue to develop understanding in the APEC business community of competition policy and/or laws and administrative procedures;
d. encourage cooperation among the competition authorities of APEC economies with regard to information exchange, notification and consultation;
e. contribute to the use of trade and competition laws, policies and measures that promote free and open trade, investment and competition; and
f. consider developing non-binding principles on competition policy and/or laws in APEC.
9. GOVERNMENT PROCUREMENT
OBJECTIVE
APEC economies will:
a. develop a common understanding on government procurement policies and systems, as well as on each APEC economy's government procurement practices; and
b. achieve liberalization of government procurement markets throughout the Asia-Pacific region in accordance with the principles and objectives of the Bogor Declaration, contributing in the process to the evolution of work on government procurement in other multilateral fora.
GUIDELINES
Each APEC economy will:
a. enhance the transparency of its government procurement regimes and its government procurement information; and
b. establish, where possible, a government procurement information database and provide the information through a common entry point.
COLLECTIVE ACTIONS
APEC economies will:
a. conduct questionnaire surveys in 1996 to exchange information on existing government procurement regimes and on publication of government procurement information in APEC economies;
b. establish contact points in 1996 to facilitate on-going exchange of the above information;
c. hold workshops, seminars and training courses, starting from 1996, on government procurement procedures, laws, regulations and regional and plurilateral agreements, including the United Nations Commission on International Trade Law (UNCITRAL) Model Law, the North American Free Trade Agreement (NAFTA), Australia New Zealand Closer Economic Relations Trade Agreement (ANZCERTA) and the Agreement on Government Procurement of Annex IV of the WTO Agreement;
d. encourage establishment of an APEC government procurement information database in 1996, including information on procurement opportunities and the provision of a common entry point (such as World Wide Web (WWW) Home Page on the Internet) for participation by members on a voluntary basis; and
e. develop, by 2000, a set of non-binding principles on government procurement.
10. DEREGULATION
OBJECTIVE
APEC economies will:
a. promote the transparency of their respective regulatory regimes; and
b. eliminate trade and investment distortion arising from domestic regulations which not only impede free and open trade and investment in the Asia-Pacific region but also are more trade and/or investment restricting than necessary to fulfill a legitimate objective.
COLLECTIVE ACTIONS
APEC economies, taking into account work done in other areas of APEC activity will:
a. publish annual reports detailing actions taken by APEC economies to deregulate their domestic regulatory regimes; and
b. develop further actions taking into account the above reports, including;
(i) policy dialogue on APEC economies' experiences in regard to best practices in deregulation, including the use of individual case studies to assist in the design and implementation of deregulatory measures, and consideration of further options for a work program which may include:
-- identification of common priority areas and sectors for deregulation;
-- provision of technical assistance in designing and implementing deregulation measures; and
-- examination of the possibility of establishing APEC guidelines on domestic deregulation; and
(ii) regular dialogue with the business community, including a possible symposium.
11. RULES OF ORIGIN
OBJECTIVE
APEC economies will:
a. ensure full compliance with internationally harmonized rules of origin to be adopted in relevant international fora; and
b. ensure that their respective rules of origin are prepared and applied in an impartial, transparent and neutral manner.
GUIDELINES
Each APEC economy will:
a. align its respective rules of origin with internationally harmonized rules of origin to be adopted as a result of the WTO/WCO process; and
b. ensure predictable and consistent application of rules of origin.
COLLECTIVE ACTIONS
APEC economies will:
a. gather information on APEC economies' respective rules of origin, both non-preferential and preferential, and operation thereof without duplicating WTO work in this area, exchange views and develop a compendium of rules of origin for the use of the business/private sector;
b. facilitate, complement and accelerate, in the short term, WTO/WCO work on harmonization of non-preferential rules of origin; and
c. study in due course the implication of rules of origin on the free flow of trade and investment, with a view to identifying, in the longer term, both positive and negative aspects and effects of rules of origin related practices.