Legal Recommendations for TFA Alignment

Clinic: Georgetown University Law Center, Spring 2021

Beneficiary: Bangladesh Trade Facilitation Project, Land O’Lakes Venture37

Executive Summary

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Trade in agricultural goods can be highly sensitive to border constraints that delay their release. Such constraints are addressed by the World Trade Organization’s Trade Facilitation Agreement (TFA), a multilateral agreement designed to modernize, simplify, and harmonize global trade border procedures. Although Bangladesh has ratified the TFA, gaps in implementing its provisions remain, impacting the efficient importation of agricultural products into the country. The U.S. Department of Agriculture (USDA) Food for Progress FY20, Bangladesh Trade Facilitation (BTF) Project has requested that we identify legal and policy changes that Bangladesh could adopt to meet certain commitments under the WTO TFA, with a view to improving Bangladesh’s agricultural trade. The report will focus in particular on several aspects of the TFA, namely TFA Articles 7.9 (Perishable Goods), 7.4 (Risk Management), 5.3 (Test Procedures), and 10.1 (Formalities and Documentation). The report first identifies gaps in Bangladeshi law vis-à-vis the TFA and then, through comparative analysis, presents how other WTO Members have implemented these TFA obligations, concluding with recommendations on possible legal strategies for Bangladesh to strengthen implementation of the TFA and improve agricultural trade.

Read the full report here.