ประมวลกฎหมายที่สำคัญ (Substantial Clause) ของความตกลงว่าด้วยการอำนวยความสะดวกในการค้าไร้กระดาษ ข้ามพรมแดนในเอเชียและแปซิฟิก (CPTA)
Article 1: Objective
The object of the present Framework Agreement is to promote cross-border paperless trade by enabling the exchange and mutual recognition of trade-related data and documents in electronic form and facilitating interoperability among national and sub regional single windows and/or other
paperless trade systems, for the purpose of making international trade transactions more efficient and transparent while improving regulatory compliance. Objective of the Framework to be reached by:
1) Enabling the exchange and mutal recognition of trade-related electronic data and documents
2) Facilitating interoperability among national and subregional single window systems, or other paperless trade systems
Article 5: General Principles
1. The present Framework Agreement shall be guided by the following general principles:
(a) Functional equivalence;
(b) Non-discrimination of the use of electronic communications;
(c) Technological neutrality;
(d) Promotion of interoperability;
(e) Improved trade facilitation and regulatory compliance;
(f) Cooperation between the public and private sectors;
(g) Improving transboundary trust environment.
2. The Parties agree that implementing national legislation and regulations that apply these principles to the exchange of trade-related data and documents in electronic form will establish common levels of trust and increase interoperability.
Article 8: Cross-border mutual recognition of trade-related data and documents in electronic form
1. The Parties shall provide for mutual recognition of trade-related data and documents in electronic form originating from other Parties on the basis of a substantially equivalent level of reliability.
2. The substantially equivalent level of reliability would be mutually agreed upon among the Parties through the institutional arrangement established under the present Framework Agreement.
3. The Parties may enter into bilateral and multilateral arrangements to operationalize cross-border mutual recognition of trade-related data and documents in electronic form, in a manner consistent with the principle of the transboundary trust environment and all the other general principles, provided that the provisions of these bilateral and multilateral arrangements do not contradict the present Framework Agreement.
Article 11: Institutional arrangements
1. The United Nations Economic and Social Commission for Asia and the Pacific (ESCAP) shall, for the purposes of the present Framework Agreement, establish a paperless trade council comprising one (1) high-level nominee from each Party. The Council shall meet upon request but at least once a year.
Article 12: Action plan
1. The Standing Committee, under the supervision of the Paperless Trade Council, shall develop a comprehensive action plan, which shall include all concrete actions and measures with clear targets and implementation timelines necessary for creating a consistent, transparent and predictable environment for the implementation of the present Framework Agreement, including the implementation schedules of the respective Parties. The Parties shall implement the action plan in accordance with the schedule, and the implementation status of each Party shall be reported to the Standing Committee.
2. The implementation schedule for each Party shall be developed as part of the action plan based on a self-assessment of their readiness.
Article 13: Pilot projects and sharing of lessons learned
1. The Parties shall endeavour to initiate and launch pilot projects on cross-border exchange of trade-related data and documents in electronic form, in particular among customs and other regulatory agencies. The Parties shall collaborate on such pilot projects through the institutional arrangements established under the present Framework Agreement.
2. The Parties shall report to the Standing Committee on the progress of pilot projects to facilitate the sharing of experience and lessons learned and to establish a collection of best practices for interoperability of cross-border exchange of trade-related data and documents in electronic form. The exchange of experience and lessons learned would extend beyond the Parties to the present Framework Agreement, to the extent possible and as appropriate, in an effort to promote paperless trade implementation throughout the region and beyond.
Article 14: Capacity building
1. The Parties may cooperate to provide technical support and assistance to each other in order to facilitate the implementation of the present Framework Agreement.
2. The Parties may collaborate on capacity-building through the institutional arrangements established under the present Framework Agreement.
3. The Parties shall give special consideration to requests from least developed and landlocked developing countries for technical assistance and cooperation arrangements designed to assist them in developing their paperless trade capacity and in taking full advantage of the potential benefits of the present Framework Agreement.
4. The Parties may invite development partners for more effective technical and financial assistance in the implementation of the present Framework Agreement.