A COMPARISON OF THE AFGHAN-PAKISTAN TRANSIT TRADE AGREEMENT 2010 AND AFGHAN TRANSIT TRADE AGREEMENT OF 1965
BACKGROUND
On July 18 2010, Pakistan and Afghanistan finalized a draft Afghan-Pakistan Transit Trade Agreement (APTTA) at Islamabad. The minutes of the agreement were signed by the Commerce and Trade Ministers of both countries in the presence of US Secretary of State Hilary Clinton. The signed ‘record note’ as it is being termed by the authorities says that both countries will work towards the speedy resolution of all outstanding matters and the completion of legal processes for the signing of the accord.
The old arrangement governing transit of Afghan transit trade through Pakistan, known as the Afghan Transit Trade Agreement (ATTA) was signed in 1965. In 2009 with the facilitation of US authorities, both countries signed a Memorandum of Understanding (MOU) at Washington to modernize transit trade regulations according to new international transit requirements and current economic realities. It was hoped that the new agreement would facilitate the rapid movement of goods and vehicles between and through the territories of both countries as well as lead to a strengthening of bi-lateral and regional economic ties on a mutually beneficial basis. The deadline for the completion of this exercise was December 2009 which was missed because of failure to reach agreement on issues relating to Afghan transit trade through Wahga. Finally, in July this year as the Pakistan side agreed to allow Afghan exports to India under certain regulations a draft agreement was finalized in July.
OVERVIEW
The principal objectives of the proposed APTTA as set out in Article 1 of the draft agreement are:
  • To ensure the efficient and effective administration of transit transport, avoiding unnecessary delays in the movement of goods and commercial vehicles between and through their territories;
  • To bring about the simplification, transparency and harmonisation of documentation and procedures relevant to traffic in transit;
  • To promote intermodal freight transport;
  • To cooperate with a view to minimising the incidence of customs fraud and avoidance.
  • To monitor the trade of controlled chemical substances with the aim of preventing their diversion for illicit purposes.
The APTTA 2010 contains 13 sections containing 58 articles with two annexes detailing matters relating to the implementation of the agreement. The contents of the agreement are organized as follows:
The 1965 ATTA comprises 15 articles and one protocol annexed to the main agreement that lays out the modalities of transit trade. Over the years a number of additional notifications and SROs were issued with respect to ATTA to spell out in detail the procedures governing customs control, documentation, and other matters in order to better regulate the movement of goods according to changing economic realities. The notifications and SROs that form part of the ATTA 1965 include:
  • Relevant provisions of the Customs Act 1969 Covering Afghan Transit Trade
  • Negative List Notifications made by the Ministry of Commerce Government of Pakistan (GOP) from time to time
  • Detailed Procedure for Sealing & Resealing of Cargo Container Pakistan Customs Container Security System, dated 31-03-2007
  • Customs General Order for Non-Commercial Cargo, by CBR, GOP, dated 15-06-2002
  • Notification of Port Qasim as Entry Point for Afghan Transit Goods, dated 21-10-2003
  • Notification for Alternate Mode of Transportation of ATT, dated 27-05-2005
  • Manifestation of Bill of Entry, dated 30-09-2000
  • Manifestation of Goods Declaration (GD), dated 06-11-2003
  • Transit marks and Numbers on Afghan Transit Goods, dated 23-04-2009
  • Notifications Issued by Pakistan Customs for Cross Border Truck Movement of Afghan Transit Trade 
  • (Exports) at Wagah and Standard Operating Procedures, dated 13-12-2007