With the ongoing development of the African Continental Free Trade Area (AfCFTA), there is the potential to increase trade between and within Africa and strengthen regional integration. This thesis conducted a literature-based desk research to assess and ascertain the utility of ESW in improving inter- and intra-African trade.
INTRODUCTION
- Introduction and Background to Study
- AfCFTA and Intra-Africa Trade
- Research Questions
- Research Rationale
- Answer to The Problems
- Research Methodology and Chapter Outline
- Theoretical and Conceptual Underpinnings
- Functional and Neo-Functional Integration
- Market Integration
- Developmental Regionalism
- Trade Facilitation and Digitalisation
- Conclusion
78 Portugal-Perez Alberto & John S Wilson ‘Export Performance and Trade Facilitation Reform: Hard and Soft Infrastructure World Development 1296. 80 Portugal-Perez Alberto & John S Wilson ‘Export Performance and Trade Facilitation Reform: Hard and Soft Infrastructure World Development.
INTERNATIONAL REGULATORY FRAMEWORK ON TRADE
- Introduction
- Brief Historical Overview of Trade Facilitation
- Trade Facilitation Under the GATT
- GATT Article V
- GATT Article VIII
- GATT Article X
- The Trade Facilitation Agreement (TFA): Brief Overview of Relevant TFA Provisions
- Revised Kyoto Convention
- The Kyoto ICT Guidelines
- WCO Framework of Standards to Secure and Facilitate Global Trade (SAFE
- Conclusion
150 Standard 3 of the International Convention on the Simplification and Harmonization of Customs Procedures (As Amended) of 2006. 151 Standard 4.4 of The International Convention on the Simplification and Harmonization of Customs Procedures (As Amended) of 2006. 152 Standard 6 of the International Convention Convention on the Simplification and Harmonization of Customs Procedures (As Amended) of 2006.
153 Chapter 7 of The International Convention on the Simplification and Harmonization of Customs Procedures (As Amended) of 2006. 155 Standard 1.2 of The International Convention on the Simplification and Harmonization of Customs Procedures (As Amended) of 2006.
THE ELECTRONIC SINGLE WINDOW AS A TRADE FACILITATION
Customs in International Trade
- Brief Definition of Customs
- Customs Role in International Trade
- Overview of The Customs Conditions in Africa
196 De Wulf Luc 'Strategie vir Doeane-modernisering' in De Wulf, Luc & José B Sokol Customs Modernization Handbook World Bank (2005) 7. 200 De Wulf Luc 'Strategy for Customs Modernization' in De Wulf, Luc & José B Sokol Customs Modernization Handbook World Bank (2005) 7. 214 De Wulf Luc 'Strategy for Customs Modernization' in De Wulf Luc & José B Sokol Customs Modernization Handbook World Bank (2005) 5.
215 De Wulf Luc 'Strategy for Customs Modernization' in De Wulf Luc & José B Sokol World Bank Customs Modernization Handbook (2005) 5-6. 218 De Wulf Luc 'Strategy for Customs Modernization' in De Wulf Luc & José B Sokol World Bank Customs Modernization Handbook (2005) 7.
The Electronic Single Window Concept
- Brief Overview of The Basic Models of the ESW
- Benefits of The ESW
- States
- Customs
- Traders
It is presented in this thesis that the ESW is relevant for the description of digitization in the context of customs. The ESW is therefore in line with the UN/CEFACT vision to simplify and harmonize the process for an effective international trading system.245. From the above perspectives of the concept of the ESW, it is clear that the ESW does not have an official definition.
Despite the benefits of ESW implementation, there are challenges in the ESW implementation process. Assessing the challenges in the decision-making process for ESW implementation provides a crucial step in maximizing the benefits of ESW.
Conclusion
The Inter-American Development Bank (IDB) has also highlighted the common challenges countries face in implementing ESW. These challenges include a lack of political will and government support, an inadequate legal environment, insufficient cooperation and coordination, inconsistency and a lack of a lead agency.284 The mentioned barriers reflect those of the standard practice of Recommendation 33 for the implementation of ESW, which was highlighted in Chapter 2 of this dissertation. 285 As these standards have been identified as an obstacle to the effective implementation of ESW, countries must ensure that Recommendation 33 standards are prioritized and implemented to avoid obstacles that may cause delays or failure to implement ESW. In doing so, this chapter has discussed the concept of ESW, highlighting the definitions given by various international organizations, and then highlighting the importance of ESW as a relevant digitized tool for tailored reforms.
Regardless of the benefits of ESW, this chapter highlighted the need for countries to learn from international recommendations such as Recommendation 33 and other countries that have implemented ESW. Therefore, the next chapter of this thesis will analyze the implementation of ESW in Kenya and Senegal in order to provide a case study for other countries to use as a guide in making decisions about ESW implementation.
THE ESW IN AFRICA - A CASE STUDY OF SENEGAL AND KENYA
Introduction
The Case of Senegal
- Brief Overview of Senegal’s Customs Situation Before the development of their ESW. 62
- The Legal Environment for the Implementation of ORBUS
- ORBUS – Senegal’s Electronic Single Window
- Benefits of Senegal’s ORBUS for Traders
- Benefits of Senegal’s ORBUS for The Customs Administration
Trade facilitation and its impact on the economic well-being and sustainable development of the ECOWAS region Sustainability (Basel, Switzerland) 3. With the launch of the paperless project in 2008, the state had to ensure that the ORBUS is supported by a comprehensive legal environment . 321 Mwajita, Mwanaulu Issa ‘The Effects of Implementing the Kenya National Electronic Single Window System on Trade Facilitation’ Dissertation (2016) 59.
The efficiency and full use of the reform measure are key to realizing its full benefits. The Accelerated Growth Strategy gives priority to foreign investment and the development of the economy, through both regional and international integration and increasing harmonization and modernization of customs.
The Case of Kenya
- Brief Overview of Kenya’s Customs Situation before the implementation of their ESW
- Kenya’s Trade Facilitation Commitments
- TradeNet: Kenya’s Electronic Single Window
- The Legal Environment for the Implementation of Kenyan TradeNet
- Benefits of TradeNet for Traders
- Benefits of TradeNet for Customs Administration
360 International Finance Group 'Kenya Investment Climate Programme-II Trade Logistics Impact Assessment of the Kenya National Electronic Single Window' (2019) 3. 383 International Finance Group 'Kenya Investment Climate Programme-II Trade Logistics Impact Assessment of the Kenya National Electronic Single Window' (2019) 3. 403 International Finance Group 'Kenya Investment Climate Programme-II Trade Logistics Impact Assessment of the Kenya National Electronic Single Window' (2019) 14.
405 International Finance Group 'Kenya Investment Climate Programme-II Trade Logistics Impact Assessment of the Kenya National Electronic Single Window' (2019) 16. 407 International Finance Group 'Kenya Investment Climate Programme-II Trade Logistics Impact Assessment of the Kenya National Electronic Single Window' (2019) 16.
Lessons Learned
In February, Senegal introduced the Information Society Law, Law No. 2008, and used international data protection and governance frameworks such as UN/EDIFACT to implement ORBUS. Kenya also introduced the National Electronic Single Window System Act, which provided for the management and editing of electronic documents and data and the use of Kenya's Information and Communications Act.422. Finally, for both countries, the trade facilitation policy and legal environment for the implementation of the EWZ were established to facilitate trade without involving the primary role of the customs administration in the context of revenue collection.
The legislation and trade facilitation policy introduced in both Senegal and Kenya merely promoted key functions of the customs administration, such as being a central border agency to facilitate trade, rather than removing any of its other functions, such as border security and protection, among others . others. Such an approach is essential as trade liberalization has been noted to produce a reduction in customs revenue, which is not an ideal case for African states as revenue collection is a large proportion of GDP in African states.423.
Conclusion
Furthermore, during the implementation of the ESW both states were guided by international best practices such as Recommendation 33 and 35, in addition Senegal used international standards such as the United Nations Layout Key (UNLK) which provides a template for trade documents420 and the United Nations Code of Trade. and Transport Locations (UN/LOCODE) a geographical code scheme for trade and transport.421. The implementation of both Orbus and TradeNet supports a legislative environment that enables the realization of the tailored reform tool and its benefits. The investigation into the implementation of the ESW in both countries enables other countries to gain valuable lessons from the experience of both countries, especially regarding the legal conditions.
Lessons such as developing or repealing ineffective regulations, aligning national laws with international standards, and using international best practices as guidelines for ESW implementation. In addition, states must ensure that for a digitized tool such as ESW, there must be laws in place that enable and govern the use of digitization.
Introduction
Summary of the Chapters
Central to all international agreements is the call for implementation of the ESW for a simpler and smoother process of the movement of goods.431 The international frameworks indicate that in order to realize the full benefits of trade facilitation obligations, members must include such obligations in their national frameworks. 432 Chapter 3 discussed the definition of customs, the role that customs play in international trade and the circumstances of customs in Africa. The customs reform proposed in Chapter 3 was the ESW.436 It provides the definition of the ESW, as a digitalization tool that promotes trade facilitation and improves both inter- and intra-African trade. This chapter went on to review the legal environment that enabled the implementation of the state's ESW, namely ORBUS and TradeNet.
It was analyzed that the implementation of ESW was attributed to the development of legal and regulatory frameworks that enable and manage the digitization of customs processes, such as electronic documents and communications through the ESW system. Finally, Chapter 4 discussed the experience gained in the implementation of ORBUS and TradeNet in the context of the development of a legal environment.437 The experiences formed a compendium for other African states considering the implementation of ESW.
Recommendations
- Assess Existing Laws and Develop Enabling Laws
- African Single Window Committee and Digital ESW Hub
- African Specific Guidelines and Recommendations
Therefore, the thesis proposes the introduction of a commission to check the implementation of ESW and ensure its maintenance. The committee would consist of the various customs administrations in Africa and relevant stakeholders involved in the development of ESW. The Steering Committee will help standardize the ESW implementation process by managing the ESW implementation process.
For example the guideline for the implementation of the ESW in Africa, provided by the African Alliance for E-commerce (AACE).444 This will help African states to assess guidelines that are African-specific and more related. The legal environmental guidelines to implement the ESW will therefore be easier to incorporate because such guidelines will be in the African context.
Conclusion
Douanes Senegal 'Customs Mission' available at https://www.douanes.sn/en/node/205 accessed 7 July 2021. OECD 'Why trade facilitation matters in today's global economy' available at https://www.oecd . org/trade/topics/trade-facilitation/ accessed 22 August 2020. Organization for Economic Co-operation and Development, 'Why trade facilitation matters in today's global economy' available at https://www.oecd.org/trade/ topics /deal-.
World Customs Organization “Revised Kyoto Convention,” available at http://www.wcoomd.org/en/topics/facilitation/instrument-and-. World Trade Organization Trade Facilitation Agreement, Trade Facilitation Agreement Facility, available at https://www.tfafacility.org/trade-facilitation-agreement-facility%20, accessed 16 September 2020.
