Improving the Border Agency Cooperation
Among the OIC Member States for Facilitating Trade
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2. INTERNATIONAL LEGAL FRAMEWORKS AND GLOBAL TRENDS IN
iBAC
In this chapter we first present the international legal framework relevant for BAC and
international BAC specifically. We will then discuss the current global trends in international
BAC through three illustrative case studies from different parts of the world: Mexico – the
United States, Zambia – Zimbabwe and Vietnam – Laos.
2.1. International legal framework for BAC
There are a number of key conventions and agreements that form the international legal
framework for BAC. Among the major ones are the World Trade Organization (WTO)
Agreements, the World Customs Organization’s (WCO) Revised Kyoto Convention (RKC) and
SAFE Framework of Standards, as well as the United Nations Economic Commission for Europe
(UNECE) International Convention on the Harmonization of Frontier Controls of Goods. These
and other key conventions and agreements are introduced below. OIC member states are
members of a number of them. Annex C presents a table giving a complete picture of each OIC
member state’s membership for each convention and agreement.
2.1.1. World Trade Organization, WTO
World Trade Organization Agreement on Trade Facilitation
The WTO Agreement on Trade Facilitation (TFA) was concluded in 2013 and is considered the
first major agreement among WTO members since its inception in 1995. The overarching
objective of this seminal agreement is to increase cooperation between customs and other
public authorities and to expedite the movement, release and clearance of goods. It also sets
requirements for increasing cooperation between customs and other public authorities on
trade facilitation and customs compliance issues. In addition, the agreement contains
provisions for technical assistance and capacity building for trade facilitation and customs
compliance, especially in developing countries.
Border agency cooperation is a key commitment included in the WTO Agreement on Trade
Facilitation (WTO/TFA) of 2014. According to Article 8 of the WTO/TFA, WTO members are
required to “ensure that national authorities and agencies responsible for border controls and
dealing with the importation, exportation and transit of goods cooperate with one another and
coordinate their activities to facilitate trade.” It also specifies that “Members shall, to the extent
possible and practicable, cooperate with other Members with whom they share a common
border with a view to coordinating procedures at border crossings.” Article 8 refers to
cooperation between WTO members with examples such as alignment of working days and
hours, alignment of procedures and formalities, development and sharing of common facilities,
joint controls, and the establishment of one-stop border post controls.26
WTO Valuation Agreement
The WTO Valuation Agreement is a key enabler for international BAC when agencies operating
at the border can follow a harmonised system that is already available. It lays down the rules
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