AfCFTA Customs and Trade Facilitation Capacity final draft 30 Sep 2021

Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

Joint Venture Proposal
Proposed Scoping & Terms of Reference, for the full implementation
of Modernised Customs Compliance and Control measures, through

Compliance Capacity Qualifications, and other allied interim
measures, on the African Continent, in pursuance of the successful

implementation of the AfCFTA and the broad scope of Global
Customs Competencies.

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Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

Proposal Title The Continental Solution to making the AfCFTA work
and addressing Continental Customs Capacity
though the establishment of a uniform Continental
Qualification – a broader strategy focus on achieving
long-term sustainability in Customs Global Capacity
Standards in key areas, Trade Facilitation, Border
Management, Digitisation, and the like, with
emphasis on the professional recognition of Customs
Authorities, Traders, and SCM Stakeholders.

Name of Applicant A Strategic Proposal for analysis, Capacity Building,
and Stakeholder engagement, to ensure professional
Name of Contact Points vocational recognition in customs competency on
Designation of Contact Point the Continent.
Address
GMLS & Trade Law Centre (tralac)
A proposed Joint Venture Programme to be
implemented in collaboration with other potential
global experts, interested global organisations, and
Stakeholders.

Mark Goodger & Trudi Hartzenberg
Executive Directors (GMLS & tralac)
10A Hershey Road, P O Box 224
George Airport, George, Stellenbosch 7600
Western Cape, South South Africa
Africa.

Telephone +27 44 020 0103 +27 21 880 2010

Email +27 82 555 0565 +27 83 527 0871 (tralac)
Projected and Estimated Project Cost
Suggested Project Duration (GMLS)

Points, comments to add and [email protected] & [email protected]
remember:
EUR 3 362 000.00

2 years

NB!! Kindly treat as draft for review, edit,

improvement, and suggestions. NB!!

Please also treat as Confidential when

shared.

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Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

Table of Contents

1. INTRODUCTION – THE ENVISAGED PROPOSAL AND PURPOSE ................................................. 4
2. WHY IS THIS PROPOSED STRATEGY SO IMPORTANT? ............................................................ 10
3. BACKGROUND – THE AFCFTA AND ITS RELEVANCE ................................................................ 13
4. CONTINENTAL COMPETENCY-BASED EDUCATION, AND WHY IT WILL WORK ......................... 19
5. ATTAINING CONTINENTAL TRADE FACILITATION OBJECTIVES & CAPACITY ............................ 28
6. PROPOSED PROGRAMME, DELIVERABLES AND ROLL-OUT..................................................... 34
7. PROGRAMME IMPLEMENTATION AND BUDGET.................................................................... 52
8. PROPOSED PROJECT RATIONALE, TERMS OF REFERENCES, & DELIVERABLES FOR FURTHER
CONSIDERATION .......................................................................................................................... 55
CONCLUSION ............................................................................................................................... 65
ANNEXES ..................................................................................................................................... 66
9. RESEARCH & BIBLIOGRAPHY ................................................................................................. 73

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Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

1. Introduction – The envisaged Proposal and Purpose

The main purpose of this proposal is to submit a formal paper, advocating the need for a detailed and
comprehensive strategic project to attain African Continental Customs and Global Trade compliance
capacities, to meet full scope of modernised “Trade Facilitation” Customs Standards .

The objective is that, through this strategy, Trade Facilitation, and sustainable dual AfCFTA Capacity,
will be more strategically achieved, over a broader unified and uniform spectrum of all Stakeholders
involved in the process, being particularly mindful that Traders would ultimately be assured that their
Supply Chains will be certain and predictable.

The ultimate outcome is that the Continent will manifest modernised Customs Administrations and
Customs Compliant Traders/Logistics Service Providers, who will all be fully capacitated and
academically accredited to global Standards. This would fundamentally and comprehensively meet
the aspirations of Agenda 2063 for a Continental market and a Continental Customs Union, as per
Article 2 of the AfCFTA Agreement. It would further align to the successes achieved with other similar
Unions such as the EU who have pursued the similar strategy.

A broad examination, of Customs control and compliances, as related to modernised Trade Facilitation
instruments, Agreements, and conventions, covers various strategic components as reflected in the
below diagram.

Trade Facilita,on Focus

Legend: 1 2
12
1.Public Access
11 Trade 3
2. Training – Specialisation Areas 10 Facilitation 4
3. Expedited Shipments
4. Digitisation (ICT) 9 5
5. Single Window
6. Transit 86
7. Border Agency, Mutual Cooperation 7

& Recognition
8. Authorised Economic Operator (AEO)

9. Risk Management – Pre-arrival
10. Dispute Resolution
11. Advance Rulings
12. PRO Stakeholder Engagement

African Member States are unfortunately not on global standard with the implementation of the
broad trade facilitation instruments. Furthermore, the recent AfCFTA Agreement, and especially the
Protocol on Trade Annexes, also reflects very similar Trade Facilitation components which are clearly
aligned to the WTO TFA and are required to be implemented.

The AfCFTA Agreement is noticeably clear, in its General Objectives of Article 3, as to:

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Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

a) Sustainability

b) Gender Equality

c) Enhancing of State Party economies

d) Promoting industrial development and the like, and then,

e) Importantly, to expedite the Regional and Continental integration process.

At this point of departure, Continental Integration and attaining the goals thereof, requires that this
proposal takes a holistic view, that Trade Capacity will be required, across 55 States. Thus, that a
measurable and sustainable direction should be modelled on a foundation of such strategy. By way of
example, if every Trader, Customs Officer, Border Official, and Logistics Service Provider
employee/official were to undertake recognised Continental Qualifications, then the assumption is
that global Standards of “Trade Facilitation” will most likely be achieved, leading to the ultimate
success of the implementation of the AfCFTA. The AfCFTA Agreement, for instance, is specifically
clear, that State Parties should be in a position to cooperate on all Trade-related areas, cooperate on
Customs matters, and the implementation of Trade Facilitation measures.

This, therefore, includes Educational matters. The multiplier impact will be the reach across all
Public and Private Sector Stakeholders !!

Trade Schedules Rules of
Remedies of Tariff Origin

9 Concessions 2

1

Transit & 8 AfCFTA Customs
Transport Protocol
Facilita:on on Trade 3 Co-
Annexes opera:on
&SaPnhityatroy- 7
Sstaannidtaarryds 65 4 Trade
Facilita:on

Technical Non-
Barriers to Tariff
Barriers
Trade

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Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

However, as the AfCFTA, in tandem and alignment with the WTO Trade Facilitation Agreement (TFA),
(particularly in its Annexes within the Protocol on Trade), is focused on Trade Facilitation objectives,
it is necessary to consider these within an ultimate Continental Customs Capacity curriculum strategy
that will be proposed herein. Those Facilitation measures are, for instance as reflected in the diagram
above, and also included in the respective Annexes of the Protocol on Trade as mentioned.
The GIZ as an example, has been substantially involved in the recent introduction of training modules
and leadership guidelines to the AfCFTA, in line with its underlying objective of driving
“sustainability”.
The WTO1 Agreement on Trade Facilitation2 (which entered into force as recently as 2017) is entirely
focused on “Trade Facilitation” in Customs control and compliance, as this will increase Trade flows
and lower the costs of conducting International Trade. It is clear therefore, that the Trade Facilitation
objectives align directly to the AfCFTA.
How do we ensure a holistic, recognised, Trade Capacity strategy, for all Trade Stakeholders in
Africa?
According to the WCO Customs Competency-Based Training Guidelines, in order to remain responsive
to the challenges of the 21st Century, Customs Administrations and Global Trade Stakeholders,
amongst others, need to continuously assess their organisation’s strategic needs, and ever-evolving
business process requirements in terms of core, Operational, and Management competencies. In
Africa, after the introduction of the AfCFTA, this is ever-more strategically significant.
At the very core, is the strategic objective to ensure “Trade Facilitation”, under the umbrella of
modernised Customs Standards for all key Trade Stakeholders throughout Africa, which will lead to
the success of the AfCFTA, whilst simultaneously fully enhancing African competencies and
comprehension in Global Trade
It is essential that all Trade Stakeholders keep a specific focus on anticipating the emerging
competencies required. This will enable Customs Administrations, other Border Authorities, as well
as Trade, to plan, develop, and implement an efficient policy to equip the Operational category of
their workforce, with the required skills, knowledge, and behavioural capabilities corresponding to
their roles, responsibilities, and specific skill sets.
Training, according to Global Customs Instruments, its processes, and infrastructure, are core
foundational instruments for such institutions to attain organisational performance, yet how do we
ensure the measurability and equal outcomes for all undergoing such training?

1 The WCO and the WTO have a long-standing history of cooperation. In particular, the WCO manages the Technical Committees of two
important WTO Agreements dealing with Customs valuation and rules of origin.
2 The Ninth World Trade Organization (WTO) Ministerial Conference, held in Bali (Indonesia) from 3 to 7 December 2013, under the
framework of the Doha Development Agenda, concluded the WTO Trade Facilitation Agreement (TFA), as embodied in the Bali Package’s
Ministerial Decision.

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Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

LET US BE HONEST ABOUT THE CURRENT AFRICAN CUSTOMS TRAINING LANDSCAPE
1. The Customs vocation is hardly recognised as a Professional vocation. This is detrimental to both

the Public and Private Sectors effecting control and delivering compliance.
2. The WCO drives Global Customs Capacity initiatives, yet, unfortunately, the Customs Authorities

and the Private Sector seldom cooperate to conduct joint Capacity initiatives, although the WCO
Academy has recently commenced with imparting of some of its “CLiCK” E-Learning Modules to
the Private Sector. This disjointed non-cooperative status leads to duplication in costs, resources,
and divergent areas of focus.
3. Training Institutions within Customs Authorities provide, in certain cases, excellent Capacity, yet
they operate independently of their Educational Authorities and National Qualifications
Frameworks. Assessment of competency is therefore an internal, rather than, external verifiable
issue.
4. Senior Customs Officials throughout their careers amass many training attendance certificates,
which, collectively, is not recognised against any formal Educational Qualification.
5. New Learners are receiving the benefit of modern training, yet lifelong Officers and Brokers have
no system to attain recognised Qualifications.
6. Donor funding often addresses Senior and Leadership levels of Customs yet there is no single
sustainability Capacity intervention, which, is targeted specifically at the Operational level, which
is where Trade Facilitation and Comprehension thereof, must be applied.
7. Many do not meet the existing criteria and standards of the WTO ATF yet, new instruments such
as the AfCFTA, reflect Annexes such as “Mutual Cooperation and Administrative Assistance, aimed
at “Trade Facilitation”, which also has its own Annex, Article II(1)(a), that specifically states that
joint training programmes must be considered and implemented yet, Customs Authority
Cooperation and Mutual Administrative Assistance measures have hardly commenced. This
leaves many gaps in implementation of the WTO TFA, AfCFTA, and other Trade Facilitation
measures.
We need Continental Qualifications to ensure that all involved in customs matters have equal
Capacity to achieve Trade Facilitation and Economic Competitivity for their nation.

The Customs Authorities’ role of training, is to support the organisational goals and ensure that the
Administration’s policies translate into effective measurable Operational activities. This becomes
particularly critical considering the significant investments of Customs and Trade in new technologies
and enhanced processes, which would be inoperative without skilled and competent staff.

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Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

This proposal, as depicted in the next diagram, rests on the foundation of Continental Competence
across all sectors, and represents the roadmap to implement that Strategy, which will ultimately
address the goal, that those employed, directing, and involved in the scope of Customs Professional
vocations, will be within recognised Professional and academic vocations, and fully competent,
capacitated, and accredited, therefore ensuring Trade Facilitation for the continent.
The vacuum between Leadership and Operational competence is currently a huge concern, especially
in meeting the Global Standards towards Trade Facilitation. However, like it or not, it is the
Operational employee/officer level that, if well capacitated, will ensure Trade Facilitation.

The scope of Customs-related workforces rests on a combined development and training policy, which
should be developed in an integrated way with the strategic Stakeholders of the respective
organisations, both internally and externally, ensuring that National training is competency based,
promoting life-long learning (continuous learning and development) and innovative learning systems
throughout the Continent.
NB!! Centered on both organisational and individual performance. The competency-based
approach enables Customs Administrations and Trade Stakeholders, to proactively embrace results-
based Management applied to training and the promotion of a life-long learning culture.
Investment in training typically aims to develop required know-how, increased skill levels, and
assure compliance, however far too many training initiatives fail to effectively deliver for the
following two main reasons:

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Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

1. No measurement to show that the recipient actually learnt and retained the new information.
2. No measurement or correlation between the training delivered and the sustained performance

improvement at an individual, team, and enterprise level.

Too often, Training departments or centres are so busy delivering against the immediate and urgent
objectives to assure ‘compliance’ or deliver on-boarding training, that they fail to consider their
contribution to performance improvement, or in supporting the longer-term business strategy
sustainability, or their nations economic competitivity, which may require a labour pool of diverse
skills and capabilities. Therefore, it is essential that training departments of all Continental
Stakeholders, incorporate a systematic and continuous ‘assessment methodology’ in their strategy,
and into each of their initiatives, to also meet global Standards of “Trade Facilitation”. Furthermore,
the Professional recognition of those vocationally employed in the Customs sphere, must also be
achieved in any sustainability strategy. By way of example, Customs Officers work for years earning
lifelong skills and attend various courses with attendance certificates, yet the collective of it all, is not
within any formal framework of Professional recognition or status.
The Training strategy, plans, and events must have clearly targeted strategies and objectives before
the implementation stage is reached. Establishing the Continental evaluation process constitutes a
fundamental step, as this will enable the necessary milestones to be included in the schemes
implementing the training strategy, thereby efficiently contributing to the Administration’s
development and change Management.
Some Customs Administrations have already started to reflect on how they can integrate their ongoing
Training Activities and Programmes to the recognised National Board of Education or other such
similar Authorities, which will promote raising the competency profile of Administrations and Trade
Stakeholders, by capitalising on the portability and mobility of talents, and others are well on their
journey to do the same.
In the UK, Customs Authorities also undertake Training Qualifications against the recognised NQF of
the Educational Authority.
The WCO SAFE Framework of Standards (2018), by way of example, also advocates the Customs
Authority’s strategic role in ensuring that Education in the Public Sector, is driven in cooperation with
the Private Sector to achieve global Standards of control, compliance, and Facilitation.
It would therefore be appreciated if the rationale of this proposal can be carefully studied and
considered, towards the Strategy and Objectives as suggested by all parties seeking a long-term
sustainable solution in Africa and for the success of AfCFTA implementation and meeting Trade
Facilitation objectives.

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Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

2. Why is this proposed strategy so important?

NB!! The European Union (EU) Customs Competency Framework now offers the EU members an
agreed standardised set of core and specific Customs competencies. Many other countries have
adopted their own Competency Frameworks as the foundation for Customs in-house, HR, and
Training Policies, to establish adapted developmental and Educational Programmes.
The Customs competency training policy needs to be based on life-long learning principles and
needs to provide continuous developmental opportunities throughout an officer’s/employee’s
Professional career. The current status, however, is that it was unfortunately not a strategy
adopted with dual training objectives for the Private Sector and other Border Agencies in the past.
For AfCFTA to work, combined training towards the two critical elements of Private Sector buy-in
and Trade Facilitation, must be visible and measurable.

Training, towards recognised and accredited Customs Professional status for all Stakeholders, is one
of the organisational development solutions that Customs Administrations must emphasise in order
to meet both organisational and individual changing demands. Training should always have priority
and requires a strategic commitment, both from Customs and Trade Logistics Management3.
The importance of training to any organisation cannot be over-emphasised. An accurate learning
strategy and training system improves employee efficiency, effectiveness, uniformity, confidence, and
job satisfaction, whilst helping to achieve strategic organisational goals.
Implementing innovation in Trade Facilitation objectives, is fundamental to promote the cultural shift
to a learning organisation4. This is required to answer the complexity of Customs tasks and is key to
attracting and retaining people and building Professional career paths.
The WCO guidelines are integrated in the Framework of Principles and Practices for Customs
Professionalism. The development of the WCO Framework of Principles and Practices on Customs
Professionalism document, fulfils one of the mandates given to the WCO Secretariat by the Capacity
Building Committee, to enhance People Development in Customs5. The journey to globally recognised
Customs Professional vocations has commenced a while ago, and Africa needs to embark on a
determined strategy to follow suit.
Its implementation enables Customs to evolve from an aged conception of training based on subject
matters (where the focus is put on knowledge). The learning and development processes now define
the pedagogy according to the actions that the Global Traders and Customs Professionals, will have
to perform after completing the training.

3 Annex 1: Study on Benefits of Training, WCA Regional Working Group on National Training, 2010
4 The advent of the recent WTO TFA, was driven through a determined global focus on the lack of Trade Facilitation in global Trade, caused
primarily by Customs Administrations and their perceived lack of knowledge, Capacity, and comprehension of Trade. The problem is
compounded in Africa, particularly, as Traders and their related service providers lack Capacity in various compliances and global Trade best
practices.
5 Its completion results from the update of the Training Package Development in Customs inserted in the WCO Capacity Building
Development Compendium (Chapter 9: Human Resource Management and Leadership) and the wide collection of practices under the
Interactive Map on People Development available on CLiKC!.

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Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

Programmes, curricula, and processes shall then be centred on the core and specific competencies
which determine Customs and Trade Professions, and then the final outcomes to ultimately achieve
the broad scope of Trade Facilitation.

The WCO contends that, the shift to a learning culture, implies that individuals should be progressively
responsible for their Professional and personal development, identifying the required training to
complete or enhance their competencies to better perform in their daily work, and prepare them for
their future career opportunities.

The Professional (Customs Officers, Border Agencies, the Private Sector, and other such training
recipients), must be at the centre of the complete training system and learning Management. A sound
training Programme provides benefits and fosters motivation where training is a key part of integrated
career development.

This must, however, be under a Continental Strategy that embraces Performance Measurement and
of Professional Continental Qualification levels.

Incentives for trainees and training relevance are capital. Developmental and training Programmes
are both designed to answer each job’s specifications, role, level, as well as each individual’s profile,
in accordance with the expected career progression guidelines.

A wide range of innovative learning methods and tools are available, and blending them helps
achieving a cost-effective, relevant, and flexible training and learning Management system. However,
for Continental success, these have to be based on a “point of departure”, and on a determined
foundational Strategy.

The use of combined and innovative learning methods and technologies has helped organisations to
improving performance, to responding faster to business change, to speeding up the application of
learning at work and to improving staff engagement and talent Management. The individual, under a
focused Strategy, may gain certification, a Qualification, additional authority, or delegations, skills,
knowledge, responsibility, and a variety of work. Such benefits may lead to promotion or better
remuneration, for example.

The outcome of the entire process is therefore an improvement in Operational organisational
performance. As part of the career-long development, training needs to target Customs Control, and
Compliance Officials, from all levels, and at all stages of their careers: from recruitment to
specialisation, from acquisition of new competence, to knowledge and skills updates, refresher, and
expert development, as well as at the different steps of leadership and Management development.
he trainees’ active participation in the entire training process is vital to the quality of the training
experience: not only during the training action, but also from needs assessments, to the evaluation of
training outcomes.

NB!! It will be exceedingly challenging to estimate training requirements, if not implemented by a
transparent, systematic, competency-based, and recognised accredited Qualification approach.
Expressed needs are often either exaggerated or not consistent with real needs, and diversity in
such, across the Continent, requires a departure towards Continental uniformity.

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Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

For AfCFTA’s success to be attained in tandem with Trade Facilitation, it will not rest entirely on the
Customs Authorities’ Capacity to implement all requirements, but on all Cross-Border Trade
organisations, to prepare individuals to perform highly in their jobs, ensuring qualitative and
quantitative acquisition of the present and future competencies which requires:
- Promote onboarding.
- Ensure on-the-job efficiency.
- Promote Professional mobility. (Even from African Member State to Member State)
- Contribute to their development, raising their autonomy level, empowering individual

development, and consolidation of Professional competencies.
- Capacity initiatives for comprehension of Trade Facilitation and how Trade is conducted.
The Training Management, in this proposed Strategy, once developed, lays the foundations of the
Training delivery and design plans. Thus, after the foundational phase of this proposal, the outcomes
as related to the Strategic Management, will offer a clearer description of the activities which require
support interventions towards implementation. Managers and direct Supervisors, will offer guidance
to ensure that all staff are adequately trained and developed, and that they identify the individual
training needs for future assignments, career mobility, etc.
For the employees, the Training Frameworks offer a transparent guide to ensure they benefit from
appropriate training to perform functions, as well as to identify and anticipate the training needed to
prepare their career development. All of the above, will be motivated to be under Continental
Accredited Educational Qualification Framework as a point of departure. Such Qualification stream
will also be proposed to be recognised by the WCO6.
The teaching techniques, methods, and strategies should be designed to reach all (Public & Private
Sector Stakeholders) on the Continent, and must be blended throughout the training sequences, in
line with the specific objectives to be achieved:
• Acquisition of knowledge
• Development of skills
• Development of attitude
• Application by identification
• Application by simulations
• Adaptation to situations and to changes
• Application on the job
• Implementation towards Global Customs Standards of Professionalism

6 The proposal also recommends that a University partner will collaborate to increase the credibility of the Qualifications
obtained.

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Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

Blended Learning (Contact & E-Learning) will be strategically Trade Facilitation focused, with
traditional teaching, which has proven to be one of the most effective training methods.
Implementing this additional approach can have a dramatical impact on the overall organisation, as it
maximises opportunities for on-the-job training and creates a continuous learning process for the
practical establishment of a competency-based workforce.
Accreditation of Training can be described as the mechanism which ensures that the overall quality of
training is maintained at a high and global standard. It provides a form of guarantee to all users of an
accredited training provider that the institution complies with set Standards for learning and
assessment. It will also achieve improved Trade Capacity and compliance which will translate into
alleviating pressures upon Customs Authorities.
Accreditation notifies the general public7 that an institution or training Programme meets the criteria
set by a recognised local, Regional, Continental, and International accrediting agency. It also consists
of ongoing evaluation and Programme improvement, review, and updates.
Training policy, procedures, structure, staff, and activities, are crucial strategic elements for any
organisation. However, within a Continental approach, we need to consider a more strategic
methodology, grounded in an accredited framework of Professional academic recognition.

They are necessary elements in order to:
• Comply with the implementation provisions of the AfCFTA.
• Comply with the Global Standards for Trade Facilitation.
• Comply with the mission given by Government.
• Accurately apply International, Continental, Regional, and National Standards for Customs and

International Trade.
• Provide the International Trade community and the AfCFTA, with an appropriate level of service.
• Protect society and the public effectively; and
• Deal with the challenges of a fast-changing environment.

3. Background – The AfCFTA and its relevance
The main purpose of this proposal is to put forward a paper advocating a comprehensive strategic
project to attain Continental Customs and Global Trade compliance, rather than a narrow departure
focus on the AfCFTA only.
The proposal is from a dual partnership of two of the most Professional and recognised Trade and
Customs specialistic organisations.

7 The Annex of AfCFTA pertaining to Mutual Cooperation and Administrative Assistance, will be relevant as conclusion of
such Agreements will be grounded in foundational educational competence.

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Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

tralac (Trade Law Centre) is a public benefit organisation based in the Western Cape region of South
Africa. tralac was established in 2002, with the financial support of the Swiss State Secretariat for
Economic Affairs (SECO).
They develop technical expertise and Capacity in Trade governance across Africa and are committed
to the principles of rules-based governance at the National, Regional, and International levels. They
believe that better governance and strong institutions are essential elements for inclusive and
sustainable growth.

GMLS (Global Maritime Legal Solutions Ltd), established in 2008, is an ICC Accredited Training
Provider, which represents and delivers the WCO E-Learning Capacity products. GMLS has performed
consultancy services for the EU, GIZ, and many other prominent International and Regional
organisations. GMLS is an accredited Training Provider of TETA (Transport Education Training
Authority) and have been contracted to develop and deliver SAQA (South African Qualifications
Authority) and Quality Council for Trade Occupations (QCTO), Training materials in 7 Qualifications,
and have recently developed and designed the UKZN (University of Kwazulu Natal) NQF 9 Masters’
Degree Templates for the Global Customs & Trade Compliance Programmes.

More information can be obtained on both organisations and the expertise and Capacity of their
Management and employees in due course.
The advent of the recent WTO TFA, was driven through a determined global focus on the lack of Trade
Facilitation in global Trade, caused primarily by Customs Administrations and their perceived lack of
knowledge, Capacity, and comprehension of Trade. The problem is compounded in Africa, particularly,
as Traders and their related Service Providers lack Capacity in various compliances and Global Trade
Best Practices.
The current RECs are mentioned as the building blocks towards the success of the AfCFTA.
The African Continental Free Trade Area (AfCFTA) desired to have been fully Operationalised on the
1st of January 2021, as an ambitious initiative to integrate the 55 State Parties of the African Union.
These countries vary considerably, in terms of size and economic development.
This group of countries includes 33 least-developed countries, of which a number are also land-locked.
These factors contribute to the complexity and difficulty of making the AfCFTA work and particularly
the objectives of Trade Facilitation under its Annexes.
To date, the AfCFTA Agreement has not attained any meaningful traction which can be attributed to
a host of challenges, impacts, and factors. This is detrimental to Trade Facilitation as well.
A decision was taken by Heads of State and Governments at the 13th Extraordinary (on the AfCFTA) of
the Assembly of the African Union on 5 December 2020, for the launch of Trade on 1 January 2021.
Given that negotiations on key issues, including Tariff Concessions and Rules of Origin are still ongoing,
this decision is in effect for the launch of Trade under an ‘interim arrangement’, pending the
conclusion of the negotiations. The date set for the completion of the further negotiations was set as
30 June 2021, however, had to be postponed again.

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Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

State Parties are now faced with challenges of implementing the ‘interim arrangements for Trade to
be conducted under the umbrella of partial Tariff Offers, that have been submitted, and the
framework of Rules of Origin that have so far been concluded.

They remain bound under the RECs in place, to Trade within Africa. As the outcomes of the ongoing
negotiations are achieved, these objectives will hopefully be attained, and the results will be
implemented. Crucially, the implementation of the Annexes on Customs and Border Management,
Trade Facilitation, and Transit Trade, is essential under the ‘interim arrangement’ and ultimately,
under the fully implemented AfCFTA.

There have been a range of research studies and other initiatives focused on the Capacity for Customs
Authorities to implement the AfCFTA Agreement. These unfortunately, in addition to the lack of Trade
traction under the Agreement, reflect that Traders and Customs Authorities, are not fully aligned, and
that divergent and uncoordinated positions are being adopted by many.

The success of the Agreement will only be achieved if Trade itself secures confidence and assures
predictability in many aspects concluded, and those, yet to be concluded.

This proposal is designed to support the AfCFTA Trade Facilitation8 agenda and the highly evident lack
of Customs Continental Capacity through analysis, Strategy motivations, Capacity Building, and
Stakeholder engagement. Trade in Africa must be approached in the similar dynamic Customs
solution goals, as was set by the EU and other such similar Trade blocs. The aim is to ensure access to
relevant information on the requirements for Trade under the AfCFTA, training of Customs Officers
and other Border Management Officials, Traders and SCM Logistics Service Providers, engaged in
Border Management functions and solutions. There will be particular emphasis on providing relevant
information to the Private Sector, especially micro, small, and medium enterprises, and ensuring equal
gender Capacity towards the success of the AfCFTA.

The proposal has its origins in the discussions of the High Level Group on Trade Facilitation and
implementation of the AfCFTA. Global Maritime Legal Solutions (GMLS), which has specialist expertise
in Customs and Border Management matters across Africa, the Trade Law Centre (tralac), a Trade
Capacity Building organisation, the African European Centre for Investment and Trade (AECIT), the UK
Institute of Export and International Trade, and other potential parties will be involved towards
implementation of the proposed Programme.

Project Management will be provided by tralac, and GMLS, and profiles for the partner consortium
organisations will be provided in the Annex to this proposal.

The delays in implementation of the AfCFTA may, however, present a window of opportunity to
readdress the strategy towards successful implementation.

8 See AfCFTA Protocol on Trade Annexes

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The bottom line is that, when looking at the WCO Mercator Programme9, the WCO ECP (Economic
Competitivity Package10), and the responses from African Member States, to progress of
implementation of these, and other instruments and tools, that, Africa, is unfortunately substantially
not on par with many other Global Customs communities. This results in a glaring relevance of lack of
Trade Facilitation initiatives. Furthermore, as mentioned, the AfCFTA contains in its Annexes all the
criteria that will attain Trade Facilitation.
GIZ has funded an AfCFTA Leadership Training Module and Guide to implementation by Customs
Authorities. The report, as provided and supported by other experts, put forward the
recommendation of a Continental Qualification strategy which, is therefore proposed in this paper.
Furthermore, the proposal framework and strategic idea was discussed with the director of the WCO
ESA ROCB who has indicated a strong support for the idea as a fundamental foundational strategy.
As mentioned by him, it is also globally recognised that WCO Member Customs Administrations widely
benefit from the WCO’s Global Network of Regional Offices for Capacity Building and Regional Training
Centres, including the pool of accredited experts from its Members, in many Trade Facilitation-related
areas.
There remains little doubt that the proposed strategy will enhance African Continental Customs
Capacity in meeting the demands of the AfCFTA, WCO ECP, as well as WTO TFA objectives
simultaneously, and could make up for many years of lack of application to same upon this Continent.
Whilst the AfCFTA is the latest Agreement in Africa, which highlights focus on Customs Competencies
and Trade Facilitation, it would be pertinent to examine the provisions of the AfCFTA and some
Customs Legislation, which is relevant to Education and Customs Competencies.

AfCFTA Working Model
RSA Customs Act

Rules to facilitate implementation of this Chapter
26. The Commissioner may in terms of section 842 make rules to facilitate the

implementation of this Chapter, including rules prescribing:–
(a) training requirements for Customs Officers, including:–

(i) the levels of training.
(ii) the Standards required to ensure competency in respect of any particular

tasks; and

9 In June 2014, in the presence of WTO Director-General Azevêdo, the WCO Council launched a strategic initiative to support
Trade Facilitation, namely the WCO Mercator Programme. The Programme better positions the WCO to consolidate and
promote its efforts in the area of Trade Facilitation support under a specific new branding. This support is aimed at assisting
WCO Members worldwide to implement Trade Facilitation measures by using core WCO instruments and tools, such as
the Revised Kyoto Convention (RKC), at the National, Regional, and global level, thereby also supporting various Regional
integration efforts.

10 The WCO’s Capacity building approach – from diagnostic support to strategic planning and implementation to monitoring
and evaluation – and its Standards and tools, such as its Economic Competitiveness Package, have been developed over
many years and already cover a great deal of the tailor-made support that the Mercator Programme aims to provide.

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(iii) the establishment of a training academy for Customs Officers, including cadet
Customs Officers.

(b) Standards of medical and psychological condition required of Customs Officers.
(c) Standards of discipline applicable to Customs Officers.
(d) conditions, Qualifications, and limitations on the performance by Customs Officers

of their enforcement functions; or
(e) the places where, the time when and the manner in which enforcement functions

must or may be performed.
If and when these Rules are instituted, it will enforce Customs to train all their staff according to these
Rules and this has a huge impact on the level of expertise for the future of Customs Employees and
Management. More importantly is the training engagement of the Private Sector. The New
anticipated South African Customs Act is an example of transition to Customs Modernisation.

It would be the ideal if ALL Continental State Parties could adopt such Rules into their Customs
Legislation to give additional impetus to the Capacity Building objectives and initiatives and to ensure
compliance by all State Parties in respect of Training curriculum. This will facilitate recognition by,
cooperation, and resource sharing, with the Private Sector.

a) Background – relevant paragraphs from the SADC Education Protocol. A brief examination of
the Protocol on Education has been conducted and summarised.
v Principles of Education Protocol – See Article 2.

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v Objectives of Education Protocol – See Article 3
v Areas of cooperation of Education Protocol – See Article 4
v Cooperation in basic Education – Primary & Secondary levels - of Education Protocol –

See Article 5
v Cooperation in Intermediate Education & Training – Certificate & Diploma of Education

Protocol – See Article 6
v Cooperation in Higher Education & Training of Education Protocol – See Article 7
v Cooperation in Research & Development of Education Protocol – See Article 8
v Cooperation in Life-long Education & Training of Education Protocol – See Article 9
v Cooperation in publishing and Library Resources of Education Protocol – See Article 10
v Establishment of Sub-Sector on Education & Training organs and Committees of

Education Protocol – See Article 11
v Composition & Functions of the organs of Education Protocol – See Article 12
v Composition & Functions of the Technical Committees of Education Protocol – See

Article 13
v Resources of Education Protocol – See Article 14
v Training Fund of Education Protocol – See Article 15
v Assets of Education Protocol – See Article 16
v Final Provisions Application of Education Protocol – See Article 17
v Signature, Ratification, Depositary & Accession of Education Protocol – See Article 18
v Entry into Force of Education Protocol – See Article 19
v National Obligations of Education Protocol – See Article 20
v Denunciation of Education Protocol – See Article 21
v Amendment of the Protocol of Education Protocol – See Article 22
v Settlement of Disputes of Education Protocol – See Article 23
v Relationship with other States, Regional & International organisations of Education

Protocol – See Article 24
v Languages of Education Protocol – See Article 25
v Signatories.

It can therefore be concluded that Education is Key, and furthermore, that the AfCFTA also bears
evidence of focus on Education collaboration.

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4. Continental Competency-based Education, and why it will work
The WCO guidelines, relating to practical pointers to Customs Administrations are structured so that
they can review, implement, and upgrade their learning Management strategies and practices, and
implement a competency-based approach to Training Policy and design.
The competency-based approach enables the transfer of competence to focus on the implementation
in the workplace environment and to be assessed on the rise of individual on-the-job performance.
The learning processes are designed to empower trainees to apply concepts and skills as well as to
solve problems related to the daily tasks they have to conduct in their respective job.
The competency-based approach has been increasingly adopted by the Customs Community in the
last few years and the specific Customs Profession’s set of competencies has been mapped out by
numerous Administrations and Education Experts.
Since 2008, the WCO PICARD Professional Standards (now version 2018) (for Operational and Strategic
Customs Managers), have provided common development Standards for the Management level,
based on the required competencies to efficiently lead, and manage Customs in the 21st Century. They
provided a basis to several initiatives.
A Feasibility Study, was conducted by GMLS in 2010, to consider the accreditation and sustainability
of Customs Learning throughout the SADC Region, in support for SADC Member States on Customs
Modernisation and Trade Facilitation towards the SADC Customs Union for provision of technical
assistance to the SADC Secretariat.

Extract from GMLS Research Project conducted for SADC:
NB!! It is crucial to note, how the below Research Executive Summary, already
pinpointed the very same Customs Capacity deficit and challenges in 2010, where
prioritised recommendations were provided. It is now 11 years down the line, and still
there is no significant measurable or verifiable data available of Customs Authorities’ efforts to
embrace a uniform Customs-related Qualification for Africa.
Except for the host of similar research studies funded and conducted, since GMLS concluded this
study in 2010, African Customs Administration & Private Sector Stakeholders, today still lack the full
knowledge, understanding, and application to be effective and competent in Trade Facilitation.
As may be noted in the return status implementation reports of many African nations, to the WTO
TFA, various African nations are not able to fully implement the Articles of the WTO TFA.

The study contents, and particularly, the Executive Summary, are set out hereunder and form the
major departure substance that is the motivated strategy requested for consideration in this
proposal.

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Please note the contents extracted from the previous Executive Summary.

BACKGROUND TO THE PROJECT

The objective of this research project, mandated by the South African Development Community
(SADC) Customs Capacity Building Result Area 4 of the SADC Customs Modernisation and Trade
Facilitation EU funded Project, was to “carry out a detailed scoping study to evaluate the feasibility
of formalising Customs learning, and to consider the various options of accreditation of trainers,
material and Programmes, available to the Customs State Parties”.

Implicit in this is the goal to bring the SADC State Parties Customs Administrations and Private Sector
Stakeholders, to an accredited, harmonised, curriculum level and achieve the objectives for an SADC
Common Customs Union to operate as a cohesive unit. Officers employed in Customs Administrations
and Private Sector Stakeholders, in all State Parties and at all levels, will need to have achieved
competencies in mutually agreed learning fields and curriculum.

For this to be achieved, an infrastructure and strategy is required which will provide State Parties with
the following:

1. A common set of agreed Standards against which competencies in the relevant fields of
learning/curriculum can be measured. In order for SADC Customs Administrations and Traders
to meet their commitments in terms of the World Customs Organisation (WCO) SAFE Framework
of Standards instrument (SAFE)11, the Revised Kyoto Convention (RKC), and the WTO TFA
Standards, were developed and adopted to address Trade Facilitation. These agreed competency
Standards will need to be aligned to those of the SAFE, RKC, and other WCO Customs
instruments. Such a framework will in turn need to be aligned to the requirements of the
National Education and Training Authorities of all State Parties concerned, in order that the
Qualifications developed, may be portable and recognised throughout the region/continent as
well as other areas of the International Supply Chain industry.12

2. A common set of curricula based on these Standards which should be developed to the extent
that an accredited Administration/Provider (see 3 below) will be able to train and assess learners
against it.

3. A network of Education and Training Administrations/Providers who have been accredited by
a specialised, appropriately mandated, and resourced authority (see 4 below) to train and assess
learners against the approved Standards through the use of the Continental recognised
developed curriculum. This network should preferably include an option for delivery of
accredited training via e-learning resources. In terms of point 1 above, each institution will need
to be accredited by the specialised body and by the National Education and Training Authority of
the Member State in which it provides training as well as the AUC and WCO.

11 WCO SAFE Framework of Standards Definition – “Security And Facilitation in a global Environment “ designed specifically to address global
Supply Chain security.
12 Dual accreditation is not uncommon. For example, in the case of training in the carriage of dangerous by air, providers require to be
accredited by the National Civil Aviation Authority, the National Education and Training Authority and, in some cases, by the International
Air Transport Association (IATA).

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4. A specialised AUC Accreditation Body which is resourced and mandated to accredit
those institutions wishing to provide training against the curricula specified in Point 2 above.
This body will be required to coordinate its efforts very closely with the National Education
and Training Authorities in each Member State, with a view to promoting efficiencies and
avoiding duplication. It will be responsible for awarding Qualifications to learners who have
successfully completed training against the curricula specified in 2 above and the proposal
will assist this AUC body to emerge and play such role as envisaged under this proposal.

BENEFITS IDENTIFIED

Accredited training achieves the objective of producing personnel and resources of the highest
possible Standards.

Countless benefits as specified in detail in the final report, have been identified during the
research, however, the principal benefit that would be achieved, will be that of bringing all the
State Parties Customs Administrations, in tandem with the Private Sector, to a uniform level in
line with the Region’s vision to be a World Class Customs Administration and to achieve the
objectives of the AfCFTA.

Within the environment of Continental Accredited Training Programmes, the solution of an
effective and efficient training evaluation procedure to measure the effectiveness of the training
delivered and the effectiveness of Trainer development, is also significant for National, Regional,
and Continental success.

FOCUS OF THE STUDY

This prior study focused primarily on guidance by the proposed SADC Training and Development
model in order to achieve this Regional Accreditation vision. The following core questions
formed the basis of investigation and evaluation during the research.

• Does the country have a National Educational Qualification Framework?
• Is the Customs Administration aware of the National Educational Qualification Authority in its

country?
• Does the specific Customs Administration and Trade Stakeholder hold the understanding

relevant to the values, advantages, reasons and objectives of accreditation and Qualification
Frameworks?
• Is the Administration willing to adopt, accept and comply with the accreditation process?
• Does the Administration require help, guidance, and assistance for implementation?
• Does the Administration value and support participation towards the establishment of a
Regionwide SADC and Continental Customs Training Network?
• Does the Customs Administration support that Global Trade Facilitation (WTO TFA)
compliances and objectives will be supported via this strategy?

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FINDINGS, OVERVIEW, AND RECOMMENDATIONS

Except in a few Administrations, there is a general lack of formal Customs planned and uniform
Customs Training cooperation Programmes, and unfortunately, the Programmes and curriculum
are not generally fully aligned to the National Qualifications Frameworks, and neither to the
accreditation requirements of the National Education and Training Authorities, in each Member
State. Recognised and accredited Qualifications and assessment governance, are not
standardised and synchronised towards the respective National Qualifications Frameworks.
Customs and Border Control Agencies are Professional vocations and should be recognised as
such. Trade, Customs Authorities, and other Governmental Border Agencies, are not
coordinated in Training and Capacity objectives, under a united strategy towards Customs
Compliance, and the Professional recognition thereof.

As a consequence, Customs Officers particularly attend various Training Programmes throughout
their careers of which, certifications combined, unfortunately do not equate to a recognised
formal Continental Qualification which may:

• prevent them from pursuing further training at Tertiary institutions, specifically
Programmes directed towards the achievement of further recognised Customs
Academic Qualifications.

• prevent utilisation of the learning attained or achieved to further themselves in other
occupations or further training opportunities.

• prevent Continental Capacity verification.
• prevent savings on cost of training Programmes.
• prevent private sector engagement and collaboration.
• prevent the attainment of mutual recognition and Trade Facilitation objectives

To amplify these findings:
1. Regional Customs Training that is not fully standardised acts as a barrier to the

implementation of Customs Modernisation Projects in the SADC Region. This is also true for
the Continent. The core objectives of Customs Modernisation are Trade Facilitation and
Mutual Recognition.13 In turn, Standardisation is important to achieve mutual recognition.
Standardisation is the means to Regionally implement quality control and benchmarking
mechanisms and procedures for Customs Training Programmes, thereby, facilitating the
Regional and International portability and mutual recognition of Customs Training
Programmes.
2. Regional Customs Professional Standards have unsuccessfully addressed accredited quality
and standardisation of Customs Competency Training at the Secondary equivalent
Educational Qualification Level of the National Qualifications Framework of each Member
State.

13 Customs Administrations should cooperate with common and accepted Standards to maximise security & Facilitation of the International Trade Supply Chain. The Customs-to-Customs
Pillar achieves this objective as it provides an effective mechanism for securing the International Trade Supply Chain against the terrorism and transnational crime. This pillar has 11
Standards

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3. Unaccredited training, could result in the SADC, Continental Customs Administrations, and
Traders, which would expend substantial funds on training which is ineffective and legally not
recognised for International benchmark Standards, or for recognition within the Continent.
National, Regional, and International Qualifications Framework.

The study proposes the following actions to overcome the above challenges:

1. To Continentally pursue a holistic and integrated solution which should be adopted for
Customs & Trade Training to achieve the objective of a Continental Customs & Trade Training
Network and capitalise on the successes and progress already achieved. The current
recommended SADC Customs curriculum as developed, is a perfect example.
The Continental solution should follow a three-tier approach.
o Firstly, the standardisation by complying with Continental and Global benchmarks in line
with the Educational Protocols and Frameworks.
o Secondly, adopting a uniform Customs & Trade Training Solution as a guide for State
Parties to follow, and
o Thirdly, to support the accreditation of Continental Customs & Trade Training
Programmes, by the National Education and Training Authority in each Member State,
to ensure sufficient quality control mechanisms and International comparability
between the existing different Training Programmes.

2. All Customs Training Programmes, Continentally, Regionally, and Nationally, should comply
with the United Nations Educational, Scientific, and Cultural Organisation (UNESCO)
Framework of Standards and the Lisbon Treaty14, to ensure the Qualifications are not only
portable and recognised within the Continent, to support Mutual Recognition and Trade
Facilitation, however, also recognised Internationally in terms of International Instruments,
Conventions, and Organisations.
NB!! Establishment of a specialised AUC Accreditation Body or Division focused on Customs
Training and Border Management.
This will ensure and secure International recognition of Continental Customs Training
Programmes and lead to Customs & Trade vocational Professional recognition.

3. An integral component of the training infrastructure, must therefore include policies,
processes, and procedures for Recognition of Prior Learning (RPL). This is an essential and
strategic assessment element within accredited training Programmes. RPL will address those
employed for many years, without any recognised academic status.
The current study curriculum should be formalised into an accredited recognised Regionally
accepted Curriculum and allow attainability of a formally recognised Qualification as
recommended, and recognise RPL, in order that all Officers may be equally academically
benchmarked, classified and be able to participate equally within the parameters of the
accredited Training Programme envisaged.

14 The Treaty of Lisbon, (ETS No 165) +amended the Treaty on European Union and the Treaty establishing the European Community which entered into force on 01 December 2009 and
the purpose of this treaty resulted from the Convention on the Recognition of Qualifications concerning Higher Education in the European Region. This treaty specifically addresses the
recognition of other academic and vocational training Programmes achieved in the rest of the world.

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CONCLUSION SUMMARY
A key factor to Continental accreditation is to achieve Trade Facilitation and the objectives of the
AfCFTA, is that, the assessment methods and principles are clearly defined and governed by the
process. Qualified Trainers, Assessors and Moderators are trained and have the skills to conduct
assessment by using valid, authentic, current, and sufficient methods and to declare the
applicable employee competent. Management in all Sectors has certainty and reliability from its
own Educational Authority specialists who will regularly audit and verify the process and
governance.
Accreditation will cement this key opportunity for the Continent to achieve International
recognition for its foresight in Continental Accredited Customs and Trade Training cooperation
and development. This would be similar to the EU and other such successful business models.
Customs learners, essentially from day one of training, must be recommended to be tutored
within Programmes that provide the vertical and horisontal portability of credits towards
recognised Qualifications Internationally, Continentally, Regionally, and Nationally. This study
reflects and supports such a recommendation.

International accreditation of Qualifications and recognition is often a major obstacle for
learners, as well as Professionals. International accreditation is achieved as a result of Treaties
between nations, recognising Qualifications and matching them to specific levels of
Qualifications in those nations. The study addresses the strategy to ensure International
recognition.
[4] Accreditation represents an independent verification by the NQA (National Qualifications

Authority) that the claims made by Education and Training Providers about the quality of their
Education and training services are justified, verified, and valid.
[5] A key factor concerning accreditation is the fact that the assessment methods and principles
are clearly defined and governed by the process. Qualified assessors and moderators are
trained and accordingly therefore they have the ability to conduct assessment in different
manners and to declare the applicable person to be competent.
[6] Under the leadership of the AUC, the African Continent can achieve a fundamental Customs
& Trade Training Solution and save significant costs for all State Parties and Business
Stakeholders in the process, through the combined Continental Training Solution.
[7] It is recommended that, by utilisation of the information provided in this proposal and prior
report, that Customs Administrations and will be able to identify recommended curriculum
for foundation and further Education Customs Training Qualifications, which will facilitate and
consolidate the introduction of long-term Regional Training cooperation and achieve the
objectives of the SADC Secretariat, as well as to set the Customs-to-Business partnerships and
dialogue firmly on track by accommodation of Private Sector cooperation.
[8] Accreditation of a training course is an official recognition of the status of an Educational
Qualification by Government. It gives the Qualification legal status, as a bona fide Qualification
for employment and Education purposes.

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[9] The International Standard Classification of Education (ISCED) was designed by UNESCO in the
early 1970’s to serve “as an instrument suitable for assembling, compiling, and presenting
statistics of Education both within individual countries and Internationally”. This was
approved by the International Conference on Education (Geneva, 1975), and was
subsequently endorsed by UNESCO’s General Conference when it adopted the Revised
Recommendation concerning the International Standardisation of Educational Statistics at its
twentieth session (Paris, 1978). See Education for all – Global Monitoring Report.

Extract from: UNESCO – Internationalisation, Regionalisation, and Globalisation,
Regionalisation, and Globalisation, are key factors that shape Higher Education and Research

Strategies and give rise to both cooperation and competition.

Customs Administrations, their Officers, Trainers, and Private Sector students will understand,
through their own passion for accredited Customs Training Programmes, that new skills,
opportunities, and enhanced service delivery, will open up many areas within their respective
organisations, and for them personally. This will meet the objectives of the WCO ECP which will also
be delivered in the recommended Trade Facilitation training curriculum.
The desired Capacity Building accreditation effort will extend to the result of a Region-wide and
Continental Customs Training Network, which will address the inclusion of other Government Agency
Stakeholders and importantly the Private Sector.

The Continental Customs Administrations are respectively encouraged to utilise the report and give
heed to its guidance towards compliance with their respective National and Regional Educational
Accreditation Authorities.

Accredited Training is the Key to unity…

End of Executive Summary
The implementation of social and collaborative learning and the wide dissemination of learning
portals within organisations, increasingly represent a competitive asset essential to move toward
integrated intelligence and corporate knowledge Management. Moreover, in response to the evolving
demographics and increasing use of technology, organisations are increasingly encouraging staff to
adapt social media behaviours in order to promote collaborative problem-solving processes.
NB!! The implementation of the competency-based approach enables a remarkable shift from
annual training plans towards a more flexible yet longer-term approach to comply more efficiently
with the organisational needs. The Training process cycle then becomes proactive as well as
forward-looking: whereas the future strategic needs are anticipated, the pluri-annual training plans
are monitored and readjusted whenever necessary.
The need for training is usually established through an analysis of:
• The Continental Businesses and Customs Administrations mission statement, including goals,

values, and priorities.

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• Performance gaps in respect of current tasks; and
• Anticipated performance requirements in respect of future tasks.
The Competency needs analysis should be conducted both at the organisational and at the job levels.

NB!! Ensuring that the whole competency needs analysis process focuses on the Administration’s
reengineered business operating models, processes, and procedures, it articulates Strategic and
Operational Analysis, looking closely at the specific Workforce development and Strategy
requirements. The Training needs are determined based on the Competency Needs Analysis and
the Performance Gaps.
The competency-based approach is based on three pivotal pillars:
• First, the identification and integration of the job-specifics, both at the organisational and

Operational levels such as the description of the job characteristics and the competencies
required to perform it.
• Secondly, the development of teaching and learning material comprising the Training
Framework, the Evaluation Framework, and all the documents aiming at ensuring training
Standards and supporting its local implementation (pedagogical guidelines, etc.)
• Thirdly, the implementation, within each Training Centre, of a teaching approach centered on
each learner’s Capacity to implement the competencies within the frame of their job/activity.
Therefore, the competency-based training implementation revolves around clear components and
tools which must be developed to ensure an effective and efficient Training Strategy.
In order to focus on the job specifics, both at the organisational and Operational levels, the future
Training Managers need to refer to key HR documents and processes:
• the organisation’s Staff planning (providing them with an understanding of the macro context
and its analysis).
• the Job & Competency Framework, including the Competency Dictionary (with the behavioural
indicators) and the competencies’ Proficiency levels for each job; and
• a close collaboration with Practitioners, both the training target audience and its direct
supervisors, to understand the practical performance requirements of the jobs.
Whereas the HR tools and processes are the backbone of the Training Strategy, and should be guided
by this proposal’s recommendations, these Frameworks enable us to Operationalise the Policy, and
determine the practical implementation of learning and development activities, in a fair and
sustainable manner throughout the Continent.
The Frameworks will participate to the individual empowerment towards Professional development,
and to the shift towards an organisational learning culture.

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STRATEGIC OUTCOME – THE CUSTOMS PROFESSION WILL BE RECOGNISED !!!

According to the proposal, Continental Qualifications will be developed for foundational Customs
Capacity to identify the competencies required (both general and specific) and the functional linkages
between those competencies, as well as their estimated level of complexity. They translate the
competencies into their implementation context through the definition of training performance
criteria and learning outcomes.

The competency-based approach applied to the WCO Teaching Guide development stresses three
elements:

• Actively building competencies through a progressive approach where learning and
experimentation alternate.

• Centring the teaching process on the trainee providing them the clear perception on the meaning
and impact of the competencies.

• Contextualising the training by all means.

A competency-based Training Engineering, desired through this proposal, requires developing these
different tools around the Training Framework, but in a constant process of adaptation, revision of
the scenarios in a view to optimise the adopted methods and to keep the Training Strategy pro-active
and efficient.

The competency-based approach applied to Training revolves around the jobs characteristics, the
performance requirements, both organisational and individual, and is highly interconnected with the
HR policy. Several elements are to be kept in mind at every step of the Training Strategy
establishment:

• The general context (as identified in the staff planning).

• Each job’s specific situation (analysing the work situation).

• The required competencies’ formulation considering the context of each job (in relation with the
Job and Competency Framework).

• The establishment of teaching facilities based on the Professional environment’s example.

The identification of the performance goals, and the methods to evaluate impact. In order to
implement such an approach, a Customs Administration, together with Private Sector, must be willing
to review, adjust and modernise its Training Strategy to set some implementation steps:

1. To work with Private Sector Stakeholders and identify same.
2. Develop Training and Evaluation Frameworks based on the competencies necessary to

perform the Customs tasks competently.
3. Conceive and disseminate Teaching Guides and Organisation Guides.
4. Allocate facilities, premises, and equipment, enabling to create a teaching environment

similar to the workplace or to have a direct access to the Professional environment.
5. Set up various training and development actions for the training centres’ staff.

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6. Set strong collaboration mechanisms with the workplace and Professionals (jobs analysis
involving Management and subordinates, internships, apprenticeship, job-study alternation,
etc.)

The following elements detail the practical methodology to implement these desired proposal steps.
The models and practices presented can be used to develop the different processes, Frameworks and
Guides.

Why evaluate? (Continental) Evaluation is important for the following reasons:

• It provides the opportunity to demonstrate that training was worthwhile and has achieved its
objectives.

• It provides feedback to the Administration about the return on the training investment.

• It provides information to help improve future training.

• It can encourage the involvement of line Managers in training and staff development matters.

• It provides trainees with a framework with which they can measure their competence.

• It directs training towards meeting the organisation’s priority needs.

• It can be used to compare internally and externally provided training; and

• It can form part of a larger survey of Operational effectiveness.

• It ensures that donors are assured of a return on investment.

To enhance Job-related Competencies and implement career-long learning approach, Customs
Administrations and Trade Stakeholders, can put training Programmes into practice, which create
more efficient and dynamic training scenarios, on the basis of the career stage, along the fundamental
training road-mapping principles applied to their career development: exploration, basic learning,
implementation, transfer, to enrichment, relations between Training and Career Development.

Some Customs Administrations have already started to think how to integrate their ongoing Training
Activities and Programmes to the Training recognised by the National Board of Education or any
similar institution. It enables to raise the profile of their Administrations by capitalising on the
portability and mobility of talents.

5. Attaining Continental Trade Facilitation Objectives & Capacity

There is ample evidence that reducing the costs of doing business generally and Trade transaction
costs specifically15 will contribute significantly to improving efficiency, competitiveness, and overall
economic welfare for the Continent. A recent study, using World Bank data, concluded that reducing
time in transit (time on the road, and time at border posts), would generate greater gains than the
complete elimination of tariffs on the continent.

15 The main objectives of the WTO TFA

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This is not surprising given the fact that most intra-Africa Trade is transported by road and therefore
Non-Tariff Barriers (NTBs), especially those linked to Customs and Border Management, are
recognised as having a much more pernicious effect on Trade than tariff barriers.

The glaring question which arises is:

NB!! “Will the Trade Facilitation objectives/standards globally and of the AfCFTA, be achieved
through less of these strategic interventions, or should another approach be explored? How should
we attain sustainable Capacity and competency of all Stakeholders, and then apply the attained
Capacity, to the successful implementation of the AfCFTA, thereby achieving the broad scope of
Global Trade Facilitation and Global Customs Capacity Standards for the African Continent?“

Improving Trade Facilitation is important not only to boost intra-Africa Trade, which for 2020 stood at
20% of Africa’s total Trade. The experience during the COVID-19 pandemic has served to magnify the
importance of productive Capacity development for Africa.

In this context improvements in Trade Facilitation have an important role to play too. Improved Trade
Facilitation will lower the costs of access to inputs and support the development of Continental value
chains. A practical Trade Facilitation agenda for the AfCFTA will assist to achieve a key objective of
the AfCFTA – to boost intra-African Trade – and also to support the achievement of the objectives of
the flagship project Accelerated Industrial Development for Africa (AIDA).

Trade Facilitation has a much wider multiplier effect - the costs of trading with global Trade partners
are reduced as well. Overall Trade Facilitation improves the Trade, investment, and production
environment, enhancing competitiveness.

Trade Facilitation includes the measures and procedures associated with Cross-Border Trade.
Customs and Border Management issues are key components of the Trade Facilitation agenda.
Improving Customs and Border Management is important for the continent’s rules-based governance
for Trade and integration.

A comprehensive Trade Facilitation agenda should include both long and short-term steps, leveraging
the advantages of digital Trade solutions. Procedures for import, export and transit of goods,
clearance, storage, etc; improvements in Customs and Border Management such as Single Window
Digital Smart Border Management, simplified documentation, and processes, Authorised Economic
Operator (AEO) Programmes, and Standards-related processes are essential components of this
agenda. These should all be built into a continental curriculum.

Mutual recognition of, for example, AEO Programmes, will create a multiplier effect across the AfCFTA
region, bringing significant efficiency gains and supporting intra-Africa Trade.

However, in the vast maze of existing Global Conventions, Agreements, Standards, Instruments,
Protocols etc., pertaining to Global Trade, and focused on Trade Capacity and Customs Trade
Facilitation, it is highly evident that a lack of a uniform and standardised strategy for the framework
of Trade Capacity exists upon the continent, which in fact is a barrier to implementation of the
AfCFTA and the existing Trade Facilitation Instruments. Emphasis Added.

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Whilst the cliché of modernised Customs Administrations appears to capture the limelight, it is
overlooked and not attained as the collective responsible to ensure such Continental Trade Capacity,
especially to achieve Trade Facilitation, are not aligned with a Continental foundational strategy.

Most Customs Authorities do not realise that they have the potential to drive Trade Customs
Compliance Capacity, partly through lack of understanding of the provisions of global instruments like
the SAFE framework etc., and their own lack of Capacity in Educational Qualifications and equally
accredited and recognised frameworks etc., to make the Traders proficient in global Trade and this
should be according to a recognised Continental Qualifications strategy.

This is evident by the following:

A) Traders unaware of and not fully included within the National committee required to
implement WTO Trade Facilitation objectives and obvious lack of participation therein.

B) The lack of Trade knowledge of Customs Authorities themselves, particularly at the Operational
levels.

C) The scattered, disjointed, duplicated and non-aligned approach to Capacity Building between
Authorities and Traders. The duplicated costs of these initiatives must also be considered.

D) Instruments focused on mutual cooperation/recognition and Trade Facilitation when delivered
in Capacity initiatives are not grounded in the basics of global trade and the facilitation thereof.

E) The blatant broad picture of non-implementation of all Trade Facilitation instruments or lengthy
Phase-in periods.

In summary, a practical Trade Facilitation agenda, focused on improving Customs and Border
Management, should include the following:

i) It should be grounded in one Continental Capacity measurement strategy and roll out.

ii) It should be of collective and equal compliance application to all involved in Global Trade.

iii) It should provide a measurable framework for all involved in Cross-Border Trade = Continental
NQF.

iv) Customs Security and Risk Management: new approaches to assessment and Management of
risks related to goods and transport; environment & consumer protection, illegal trade, and
immigration matters.

v) A legal basis for inter-agency cooperation: while often the lead agency, the Customs Authority
cooperates with several other agencies, including immigration and Standards bodies. This
becomes more important with the implementation of integrated Border Management, Single
Window, and Smart Border Management systems.

vi) Adoption and effective implementation of Digital Trade solutions (e.g. e-certificates of origin,
e-payments etc.,) to bring important efficiency gains.

vii) Customs Cooperation mechanisms, such as rapid alert systems, Taxation and Customs
Legislation, National Administrative synergy development, etc.

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viii) Capacity Building Programmes to ensure efficient and expeditious implementation of the
relevant provisions of the AfCFTA and other Trade Agreements, such as the World Trade
Organisation (WTO) Agreement on Trade Facilitation, the Trade Agreements of the Regional
Economic Communities, and the Conventions of the World Customs Organisation (WCO).

The overall proposed Customs Training System and curriculum, shall embed the competency-based
approach. In order to ensure this is the case, the training engineering should be adapted and planned
per this proposal.

However, this vision alone cannot deliver the training: it must be followed by other measures designed
to facilitate the implementation of training plans. The suggested roll-out methodology of the proposal
is reflected in the next section.

Training is often only part of the solution to performance problems. Performance problems may be
caused by deficiencies in the training process or by other deficiencies in the environment. A distinction
should be made while identifying performance problems, symptoms, and their causes which could be
a wide combination of:
- lack of Change Management skills and focus.
- lack of skill or knowledge.
- lack of opportunity to perform tasks.
- lack of incentive to perform.
- lack of motivation.
- other obstacles to good performance.
- lack of performance measurement and certification.

A difference can be made between core Customs Operational Training which is the basic training
necessary to perform required minimum level of competencies for a current core job function, and
enhanced training, identifying the additional, specialised, or advanced training necessary to perform
current and additional duties.
After the entry into force of the WTO TFA, the WCO, in support of the Articles, which are specifically
Customs-focused, introduced the Mercator Programme.
The strategic areas of this Programme can be identified in the diagram below:

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WCO Mercator Programme as a basis for Africa towards effective Trade Facilitation
We mention the WCO Mercator Programme due to its objectives of Trade Facilitation which is
ultimately desired upon the African Continent.
The WTO TFA is a binding Agreement giving a set of general rules for Trade regulation and border
control where, alongside other border agencies, Customs plays a major role. The Mercator
Programme therefore offers guidelines to achieve all the provisions that are key to the TFA, by using
the Capacity building tools and Standards developed by the WCO for simple, transparent, predictable,
efficient, and coordinated border procedures for Mercator Programme Advisors (MPA), as well as
subject-matter experts, supporting reforms and modernisation under the Mercator Programme.
To better respond to the Members’ requests for Capacity Building, the WCO has created a global
network of Professionals.
These Professionals must however have significant experience in African Customs & Trade-related
matters. The proposal thus recommends, as is conducted globally, that the following expertise be
sourced and provided under this proposal, especially in the Training of Trainers (TOT) Sector:
(1) Trade Agreement Experts who have a strong and reliable history of Trade Advocacy and

Solutions on the African Continent. These should demonstrate skills and relationships that will
ensure that, not only will the WTO TFA be successfully implemented, but furthermore, that a
Unified Strategy can be driven to address all Agreements which will achieve Trade Facilitation.
tralac have globally recognised skills in these areas.
(2) Diagnostic Facilitators: experienced, senior Customs Officials with a strong understanding of
the WCO Customs Capacity Building Strategy and the WCO Customs Capacity Building
Diagnostic Framework. DF’s undertake holistic organisational assessments or review
organisational reform and modernisation Programmes. GMLS have globally recognised skills in
these areas.

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(3) Customs Modernisation Advisors: experienced Customs Officials who possess the Capacity to
accompany, guide and mentor organisations towards implementing holistic reforms and
modernisation activities and processes (Facilitation, enforcement, and corporate support
functions).

(4) Mercator Programme Advisors: are essentially CMA’s with demonstrated Capacity to also
support Administrations with organisational (or Government) gap analysis, planning and
implementation of the WTO Trade Facilitation Agreement (TFA) under the profile of Annex 1).

(5) Technical and Operational Advisors: have sound technical and subject matter skills and
knowledge in a particular field. They engage with Operations Personnel including middle, and
senior Management, to provide advice on organisational development of specific Programmes
or projects.
They are deployed under the supervision of the Expert Consultants under the proposal to
ultimately ensure that Programmes such as those listed below, are included in the broad
initiative.
• Authorised Economic Operators (AEO)
• Data Model (DM)
• Intellectual Property Rights (IPR)
• Post Clearance Audit (PCA)
• Revised Kyoto Convention (RKC)
• Risk Management (RM)
• Single Window (SW)
• Tariff & Trade Affairs (TTA) – Revenue Package
• Time Release Study (TRS)
• Transit
• Advanced Rulings

(6) Expert Trainers: specialised in specific Customs technical subjects such as Valuation, Origin, and
the Harmonised System. They are Practitioners with a high level of technical expertise in a specific
core Customs area and typically conduct classroom training events.
They also specialise in specific initiatives such as Project Global Shield, the SCO Security
Programme, WCO/UNODC Container Control Programme (CCP) and the Inama Project (COPES,
controlled delivery, investigation and operation planning and command training). The
consideration is that to utilise Risk Management techniques correctly that these technical
competencies must be in place with a foundational background of comprehension of global
trade.

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(7) Leadership and Management Development Advisors (LMDA): have experience in organisational
development and Capacity building. LMDA’s are particularly skilled in Facilitation of learning and
development. They have both knowledge of the environment Customs operates in and
experience in Management development and training. LMDA’s are Customs Management
Practitioners with strong communication skills.
The following diagram is an example roll-out roadmap of the delivery and objectives of the
Proposal.

The proposal thus is presented with the desired outcome that the operational layers within the
customs professional vocation will without doubt be capacitated with a thorough foundation of
understanding trade and all the instruments that are geared to implementation of trade facilitation
thereof.
6. Proposed Programme, Deliverables and Roll-out
This proposal document aims to provide Member States, Traders, and other Border Management
Authorities, with guidance on how to integrate their current Regional and National Training Centres
and Learning Management to support their broader Customs strategic direction and capacities by
going a step further and doing so in tandem with trade and other border management authorities.

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It is also intended to illustrate modern, efficient learning concepts and curriculum to be implemented
within the National training structures to ensure their responsiveness to the broader Administration’s
organisational needs.

Delivering structured curricula and learning events by developing adapted and innovative learning
methods. The executives of each Customs Administration, together with Trade and other Border
Management Agencies and Governmental Stakeholders, and the organisation as a whole, must
recognise that training:

• Has a core role to play in organisational development?
• Influences Human Resources development and performance; and

• Enables the Administration to improve its attractiveness and Professional image.

The proposed Programme is anchored on various pillars:
- The cross-Continental measurement and assessment standard to be applied for all involved in

Trade.
- A comprehensive understanding of global trade and the international supply chain.

- Is inclusive of RPL, which will ensure that the Senior Customs Officials are also recipients of the
Qualifications through RPL interventions.

- Analysis and dissemination of relevant information on AFCFTA Trade Facilitation matters.
- Training, which is foundational in a Continentally recognised curriculum. [especially for all at

Operational level.] Emphasis added.
- Stakeholder engagement.

- The comprehension and implementation of all Trade Facilitation Global Instruments, regardless
of their source.

Analysis
The proposed analysis and flow process will ultimately focus on attainment of practical Trade
Facilitation competencies, and Modernised Customs Administrations Standards. The departure aim
will be to ascertain the landscape of Customs and Trade Capacity, [especially for all at Operational
levels] Emphasis added, and the position of AfCFTA Member States, through their respective
Education Authorities, to create a Continental NQF and Qualifications career path stream which
addresses Continental Customs and Trade Facilitation Capacity, to secure the necessary foundation
and departure point. The main aim will be to identify and make recommendations for reducing Trade
transaction costs, improving efficiency and Trade governance generally. Through this strategy as
proposed.
Analysis of the implementation of the AfCFTA, specifically the Annexes on Customs and Border
Management, Trade Facilitation, Transit Trade, and elimination of Non-Tariff Barriers is essential with
resonation to the other Global Trade Facilitation Instruments.

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The analytical effort will also focus on recommendations for improving the implementation processes
and take lessons from best practice in other jurisdictions (such as the European Union, Asia, USA, and
South-East Asia). Comparative analysis, especially related to the implementation of Trade
Agreements with diverse membership, can provide guidance on the Management of integration of
unequal partners in the AfCFTA.

Analysis of the relevant experience in the application and implementation of digital Trade solutions
will provide guidance on the development and implementation of these solutions under the AfCFTA
Trade regime. A practical Trade Facilitation agenda must recognise the role of Trade in key
infrastructure or network services, such as transport, communication, and financial services.

Regulatory cooperation, and in some instances, harmonisation, are essential to facilitate Cross-Border
Trade. A very important example is transport regulation; if axle load limits are not harmonised across
jurisdictions, this will drive loads to the lowest common denominator, eroding efficiency. Analysis
of the role of Trade in services and specifically on the role of regulatory cooperation and
harmonisation to support Trade Facilitation will be included. Therefore, such barriers will be identified
and included in the curriculum.

A Proposed African Continental Customs Curriculum Overview

A fundamental deliverable of the proposal would be to set out an agreed curriculum which would
consider, by way of example, the following criteria:

Customs Professional Competencies

The Professional Competencies are intended to be used in a more general, broader Professional
context and therefore do not necessarily apply to Customs only. However, the competencies that will
be identified and chosen for inclusion have been analysed and are deemed relevant in the Customs
Profession. These three levels indicated below will also be reassessed if the Proposal is accepted and
realised as part of the deliverables. The competencies are based on existing Regional and National
competency models. In addition, they are strongly aligned with the Lominger’s competency
descriptions [R07] and adapted to the EU & UK Customs context.

NB!! These are only indicated for example purposes and will be updated and/or amended if the
proposal is accepted.

Customs Professional Competency Curriculum

Dealing with Coaching & Mentoring Analytical Thinking Oral Communication

Operational Risk Interpersonal Reporting
Relations
Drive for Results Knowledge & Problem-solving Creativity
Experience sharing Time Management Data Management
Investigative Ability Coping with Stress
Teamwork Handling Conflict

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Professional Adaptability to Change Priority-setting Technological Ability
Networking
Written Decision-making Processing Working Virtually
Communication information
Research Pandemics global Economic Policies Global Trade
Ethics WCO Career paths Continued learning
instruments

Operational Competencies

In the main, [this Proposal is directed at Operational Capacity] [Emphasis added], as it is contended
that, at this level, the Global objectives of Trade Facilitation, are either not known, understood, or put
into practice. There are, as mentioned, many WTO, WCO, and other Organisations focused on Trade
Facilitation, and the concerning minimal competencies of those in the Customs Profession.

The Operational Competencies are intended to be used in roles that are more specific to Customs
Administrations, Traders, and Border Management Authorities These are only indicated for example
purposes and will be updated and/or amended if the proposal is accepted. They are more technical
and should be applied in a more job-specific manner. The Operational Competencies are based on the
Union Customs Code [R03] and the EU Customs Blueprint [R04]. These documents will be used as the
key input to the discovery and definition of the Operational competencies.

Considering that the Competency Framework applies to all Operational roles, including those that are
supported only by National Legislative provisions, additional competencies will also be added.

For example, Audit and Supply Chain Operations are areas that are not explicitly mentioned in the
Union Customs Code. However, they are included to reflect comprehensively the ‘on the job’
knowledge and skills that are required for EU Customs Professionals and there important to the
African landscape.

As these competencies are specific to Customs, and not generic, the Competency Dictionary includes
a scope description to assist the user in understanding where and when the competency could be
applied for roles in EU Customs Operations.

NB!! These are only indicated for example purposes and will be updated and/or amended if the
proposal is accepted.

Customs Operational Competency Curriculum

Customs Business Tariff and Control of Goods Operational Analysis

Understanding Classification Prohibited & Risk Analysis
Restricted Goods
Customs Legislation Valuation Enforcement Integrated Border
Management
Customs Procedures Origin of Goods

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Trade Facilitation Debt & Guarantee Customs Investigation Supply Chain
Management Audits
Economic Operator Customs Supervision Single windows Operations
Management
Customs Declaration Risk Management Support for Customs
Processing programming
Global Instruments

Management Competencies

The Management Competencies are intended to be used specifically for Customs Professionals with
Management responsibilities. However, this does not imply that Professional and Operational
Competencies are excluded from roles in Management. Depending on the role, a selection of
Operational and Professional Competencies will typically also be necessary. Some of the Management
Competencies are Customs specific, others are generic. tralac is well-versed in Change Management
topics to capacitate Leaders.

Naturally, there are different levels of Management ranging from line Management to strategic
Management. The Management Competencies in this document may apply to all levels depending on
the specific contexts within State Parties. The Operational Capacity level for this Proposal requires
that Middle Management and those involved in Operations will receive Capacity addressing Change
Management and the objectives of Senior Management. The Programme therefore is not mainly
focused on Senior Management levels, rather at Operational level.

The competencies are based on existing National competency models. In addition, they are strongly
aligned with the first and second draft of the WCO Picard Professional Standards competency model
[R05] and have been adapted to the EU Customs context.

NB!! These are only indicated for example purposes and will be updated and/or amended if the
proposal is accepted.

Customs Management Competency Curriculum

NB!! These topics will be included for future awareness

Act as Role Model of Entrepreneurship Change Management Customs Trends of the

Ethics, Good 21st Century

Governance

Strategic Agility Negotiating Financial Management Strategic Supply Chain

Management

Visionary Leadership People Management Communication Strategic I.T.

Management Management

Innovation Project Management Policy Design Management Courage

PICARD Standards Conflict Management Political Awareness Process Management

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Measuring WTO TFA Standards & Outstanding Deliverables.
For all Customs experts, the Mercator Programme brings a unique opportunity to work hand-in-hand
with the WCO to implement consistently, measures under the TFA. The experience provides
International knowledge and visibility, skill recognition and can provide new Management career
prospects.
The WCO Mercator Programme provides an excellent yardstick to review for curriculum topics of high
relevance.
By way of background, Mercator Programme Advisors MPA’s are responsible for Capacity building
missions on implementation plans, policy or Human Resources, other organisational development
issues, as well as for Regional awareness-raising among Customs, Trade ministries, Private Sector, and
International organisations. They bring attention to the WCO TFA and the need for its implementation
through WCO tools.
MPA’s are essentially change Management experts, such as tralac. Depending on the request from
the WCO Member, MPA’s facilitate, guidance on:

• Strategic Planning Leading or facilitating the development of strategic plans or implementation
plans developing reform Programmes and their associated monitoring, communication and HRD
requirements.

• Strategic Implementation Assisting senior managers to develop an understanding of the strategic
requirements of key stakeholders, (Government, Trade, and Public) and the International
obligations on Customs to enable implementation of the TFA.
Underpinning this support role is following project Management discipline. As well as effective
long-term strategic development, they assist Members in influencing Ministers and shaping
government policy that sees Customs having a principal role on their respective National
Committees for Trade Facilitation (NCTF).

• Team Building Working with senior Management teams to develop a common vision and
commitment to reform.

• Effective Management Sharing expertise in Management development across a range of cultures.

• Human Resources Management and Development Providing expertise in one or more of the HR
Management and development areas (classification, recruitment, compensation, training,
performance evaluation, etc.)

• Implementation support Bringing experience to guide participation in Programme or project
steering groups, and review and advise on progress.

MPA’s typically come from middle to senior Management positions. Those MPA’s with relevant
experience in a specific area, such as Risk Management, Stakeholder Engagement, Coordinated Border
Management, etc., may also be involved in more than one area of support.

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For example, as well as responsibility for developing and monitoring an Implementation Plan, the MPA
may be in a position to deliver support for a Time Release Study component of the Implementation
Plan.
NB!! Within the deliverables, the status of each State, as pertaining to its compliance to the WTO
will be verified

NB!! Within the deliverables the status of each State, as pertaining to its compliance to the WTO
TFA, will be identified. This information will be available from WCO Sources. By way of example,
certain Customs Authorities have indicated that they will only have capacity for Advanced Rulings
in 2028. This is remarkable and very disturbing
The curriculum outcomes of this proposal will strategically cover these important Mercator
Programme Technical Areas, and the following suggestions of tralac, should be noted as additional,
included in the future curriculum.
There are numerous customs related topics and focus areas. Far too many to mention now in the
proposal however sufficient to warrant the purpose of the proposal in that the customs profession
has indeed become a recognised professional vocation. This status must be achieved within Africa too.
Solution = Verifiable Continental Capacity Strategy.

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Change Management therefore be included in the training curriculum, as will modern Management
practices (focusing on the role of Management culture, procedures, customer orientation, inter-
agency cooperation, digitisation, data sharing through blockchain and other distributed ledger
technologies, as well as new approaches to risk assessment and Management).

This can contribute to the development of Institutional Capacity in key border-related agencies such
as Customs or Revenue Authorities and Private Sector. Training must lead to systemic change.
Experience during the COVID-19 pandemic has provided some evidence of the adoption of digital
solutions, but this is still the exception across the continent.

Digital formats for training will be adopted. Training material and guides to the relevant AfCFTA
Annexes will be developed to serve as resources and references for transfer of learning in agencies.
The aim will be to reach Customs and related Officials in all the State Parties (that have ratified the
AfCFTA), as well as those that have not yet ratified the AfCFTA.

The proposed programme, whilst also addressing Trade Capacity, such as Contracts of Sale and the
ICC Incoterms® 2020 Rules, will cover the Global Customs Instruments, and those impacting Border
controls. Examples are reflected below:

Global, Continental, Regional, & National aligned instruments and frameworks

a) WTO TFA (World Trade Organisation, Agreement on Trade Facilitation)

b) RKC (Revised Kyoto Convention)

c) UN Almaty Accord

d) The Lisbon Treaty

e) The WCO Mercator Programme

Stakeholder engagement and dissemination of information (target audience: Government Officials,
Private Sector - expanding to include civil society)

The AfCFTA will only succeed if the Private Sector is able to take up the potential Trade opportunities
that the Agreement holds. This requires access to information about the Agreement, how it is
implemented and what is necessary to comply with its terms to get access to the tariff concessions
and related market opportunities of the AfCFTA.

Information on the provisions of the AfCFTA in accessible formats is essential. This will include digital
format brochures and information on the documentation requirements, with links to the relevant
sources (tariff and rules of origin), Standards and other border requirements.

Identifying strategic relationships with Stakeholders with regard to training is essential for gaining a
clear overview of the training division’s status within the Administration and for drawing up
development challenges and priorities. Training Managers should make a conscious effort to express
training benefits in terms of facts and figures in order to convince decision-makers and, where needed,
donors. This requires a robust evaluation scheme and an institutional and systematic analysis of the
benefits of training so that they can be expressed in quantifiable terms.

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Moreover, the profile of the trainers or lecturers invited to share their knowledge and experience can
be widely diverse from senior or middle Operational level Customs Officers to academics from
universities, and/or experts from other governmental organisations and private organisations, who
participate in broadening the trainees’ exposure to Customs’ partners perspectives and for specific
areas of expertise like auditing, accounting, International Trade etc.

Once the training objectives have been determined, they must be ordered in the best logical
sequence. That is, the sequence being the most meaningful to the trainee and which generates the
most significant learning in the shortest period of time. The resultant product is the «Course
Structure» within the Training Framework. Once the course type has been decided, the most
appropriate framework for structuring the course must be selected. Each course, when considered in
its entirety, has a characteristic combination of various functional, equipment, or environmental
conditions.

A course outline is a broad but clearly defined outline of the main steps and activities which will
constitute the course. This broad outline can be used as a basis for committing resources and
developing working schedules for the design team. It typically includes the following elements:

• Rationale for the training course (a concise description of the problem or need giving rise to the
training course, the general context in which the course will be conducted, its purpose and its
benefits to the organisation).

• Duration of training course.

• Description of the target population and the maximum and/or minimum number of participants.

• List of the training sessions or lessons and the main training objectives to be achieved in each.

• List and sequence of the appropriate teaching methods used, and special training activities planned
for the training Programme, such as field trips, demonstrations, simulations, guest speakers, etc.

• Timetable of points in time during the course when major evaluations of the progress of the
participants will be conducted; and

• Estimates of human and other resources required to run the course (e.g., number of trainers and
other resource persons, number and type of classrooms and other training rooms, equipment,
documents, publications, and other training materials).

Approval of the Course Outline The training course must be critically reviewed by subjectmatter
experts.

It is also crucial at this stage that the future approval of the Stakeholders is obtained before proceeding
with the final design. It therefore follows that the course outline, whilst only the skeleton framework
for the actual Programme, must be sufficiently detailed for third parties to be able to see clearly how
the final package will meet the identified training needs.

Assessment development involves the following:

• Preparation of assessment questions and model answers.

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• Writing directives for the Administration of the assessment and instructions for participants.
• Preparation of scoring guidelines.
A validation report produced at the end of the pilot course will indicate any necessary modifications
for completing the design phase, before the package is validated as the final product. Some templates
regarding the development of course materials have been developed by the WCO Secretariat and are
available upon request.
A rough approximation of the length of a course development project can be derived from the length
of the course itself. The course length roughly indicates the volume of course development work
needed. The time required to develop courses of a given type and length could be estimated on a ratio
which could vary from 3 to 5 hours of development for 1 hour of delivery.
The teaching techniques and methods must be blended throughout the training sequence, in the line
with the specific objectives to be achieved:
• Acquisition of knowledge
• Development of skills
• Development of attitude
• Application by identification
• Application by simulation
• Adaptation to situations and to changes
• Application on the job.

The following approach could be followed:
• Administration must first have mechanisms in place to identify high-potential individuals within

their ranks.
• Once identified, these individuals should be given training and placement opportunities to develop

their Management skills and leadership Capacity; and
• Administrations can also identify individuals with particular talent to take part in so-called “fast

track” Programmes, where participants are given challenging opportunities to learn through
placement in progressively senior positions and Management functions.
Operational level
NB!! To understand Trade and Trade Facilitation.

• Enhancing the Customs training quality Standards by sustaining training for trainers Programmes
and developing partnerships with external lecturers and Professional trainers.

• Keeping on developing further simulation training, training on the Operations field in a secured
environment, and thinking the learning process as a continuous sequence throughout the career.

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• Focusing training on the problem-solving competence for maximising the Operational capacities
and agility of the workforce.

• Expanding use of innovative Educational technologies and extending the learning experience to a
continuous process: expanding the use of e-learning, adopting m-learning (using mobile devices)
to closely accompany the Customs Officers in the field; and

• Further integrating social learning platforms and community tools on the respective Customs
intranet to promote collaborative learning and Operationalise Knowledge Development and
Management processes.
Customs Training aims at raising organisational performance through Professional and personal
development. It needs to follow a competency-based and results-based approach, at this level,
which must be verifiable.

Proposal Road Map of deliverables and Flow Chart suggested to serve the purpose and
strategic intent of the proposal.
Introduction
Against the perceived rollout and deliverables of the proposal, the above background was provided.
We now look at the step-by-step deliverables.
The Capacity Building component of the proposed Customs Modernisation & Trade Facilitation
Project, will carry out a detailed scoping study to evaluate the feasibility of formalising Customs &
Global Trade learning and to consider the various options of accreditation of trainers, material, and
programmes, available to the African Customs Member States.
The study will also consider the measures required to ensure that the work sustainability and
momentum of the Continental Customs capacity building Project and Network is sustained and
progressed beyond the life of the Project.

NB!! The diagram flow points below, sets out certain topics which may be agreed to be
attained in a different order of priority, once the project is approved. However,
these are the fundamental suggested steps to be followed in the project.

PHASE 1 – Desk Research
Period – 90 DAYS

a) Identification of all WCO/WTO/UN Models, Conventions, Agreements, Instruments,
etc., as applicable to target Global Trade and Trade Facilitation.

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Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

Contact with all WCO ROCB and respective Customs Authorities in terms of:

b)
i. Their training material and delivery, according to NQF Educational Standards.
ii. Identification of all AfCFTA Member States’ Educational Qualification Authorities
to establish status of Competency Educational Frameworks and Global Trade and
Customs registered Qualifications.

c) Identify the process of all Educational Authorities for accreditation and registration of
Qualifications and their NQF Systems.

Under this Phase, the overall objective is to establish a Continental-wide Customs training
network and curriculum. This will assist in the process of enabling a number of different
Customs administrations and Trade Organisations, to act as one, and to extend the capacity
building effort to cover other involved government agencies as well as the private sector.

Part of the Project’s aim is to Nconsider the development of a sustainable and accredited
Customs Capacity Training and development programme, which enhances the technical and
management capacity of Customs Professionals across all Sectors on the African Continent.

The intention is to optimise theeopportunity for business benefits to be gained by Customs
Professionals on the Continent, through its investment in the training of employees, whilst
addressing the associated training requirements of relevant stakeholders and a Continental
Qualification Framework.
e

d) Check to identify all WCO approved Short Courses and other Qualifications to avoid
duplication and review of curriculum as approved.
d

e) Consultations with AUC and AfCFTA Secretariate in terms of sensitisation to project and
secure support and buy-in to proposed Continental Qualifications.

Identification of all Private Sector Import & Export Associations, Freight Forwarders,
f) and other Logistics Associations to secure their current status of Customs Compliance

Capacity Training, as well as any relationship to their Educational Authority and
registration of any Qualifications.

g) Gather all reports/Minutes of Meetings and Workgroup information for all African
Trade Facilitation Events that have been held in prior relevant years and research and
extract key deliverables. Example of such Forum below.

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Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

h) Hold Webinars with all main Leadership of Customs Authorities and Trade Associations
for introduction of Project, Questionnaires to be circulated, and final Webinar
preparation. Launch & Buy-in.

i) Issue of report of Phase 1 and identify findings, recommendations and key planning
interventions moving forward.

PHASE 2 – Research & African Travel
Period – 90 DAYS

This period will consist of Desk Research, Travel, Meetings, evaluations, and analysis of data
gathered towards curiculum approvals and developments.

a) All Trade Facilitation, Trade conduct, Customs Compliance curriculum criteria will be
prepared into a Continental Qualification proportioned to Short credit-bearing Courses,
(6-month courses) and finally, totalling to a 3-year Qualification which is the accepted
Global Operational Apprenticeship period in notional hours and study required.

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Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

b) Completion of WCO curriculum approval, application submission, and WCO
endorsement.

Identification of existing Key Training Structures and future Methodology of Training
c) delivery to identification of Trainers for “Training of the Trainer (TOT) Programme.

d) Identification of Global Trade comprehension and Capacity Courses as Pilot

Projects for delivery whilst Qualifications submission take place to Training &
Educational Authorities.

N

e) There will also be Institutiones, with which Trainers and Training materials may be

affiliated or registered.

f) e

Assessments will be conducted of the Standard of existing Training materials in

each State.

d

g) The legislative provisions of each State which incorporates the respective
g) Conventions of the Key Technical areas of Classification, Valuation, and Origin.

These will be customised in future to each African country within the broad

curriculum that will be devNeloped.

h) h) e

Meetings with AUC, WCO ROCB, and RTC, will be conducted and provisions of

letters of endorsement and support for Qualifications registration.

e
i) Preparation of RPL (Recognition of Prior Learning) rollout Programme.

d

Capacity verification is Essential towards Trade Facilitation

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Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

j) Feedback reports to donor and key Stakeholders and Webinar forums will be

conducted.

k) Final Phase Report and amendments to future rollout project deliverables.

N

Poor morale

This Phase will look primarily at all curriculum development aspects towards accreditation
and approval.
e

shows up through

e

PHASE 3 – Curriculum Development

Pedriod – 90 DAYS

This Phase will look primarily at all curriculum development aspects towards
accreditation and approval.

a) Qualitative and quantitive indicators for curriculum standardisation will be

engineered along with Learner Guides, Assessments, Practical Workplace and
TOT Manuals.

b) Commencement of curriculum submissions to ETQA and Educational

Authorities.

c) Interface with WCO E-Learning and other Systemic computer-based training –

open and distance learning packages.

N

d) Poor morale

This phase is designed to impart Pilot Projects and such Programmes,

simultaneously, following up on Qualifications approvals, accreditation and

WCO endorsements. e

shows up through

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Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

PHASE 4 – Pilot Programmes Launch
Period – 90 DAYS

This Phase is designed to launch and impart Pilot and other such Programmes whilst simultaneously
following up on Qualifications approvals, accreditation and WCO endorsement. The list of Pilot
Programmes so delivered will be credit-bearing towards Qualifications finally approved and
accredited. Due to December and possible other holiday closures, it is assumed that actual work
delivery will take place over a 10 to 11 month period.

a) The collection of Evidence as required for the RPL (Recognition of Prior Learning)
Process to be developed into a Tool Kit for future utilisation. It is essential that,
+ whilst new Operational Staff/employees will undertake a Qualification, that the
b) Senior Operational Staff are also guided through RPL to receive the exact same
Qualification.

Travel will be required to the respective Head Quarters of the WCO ROCB for
Workshops, together with Educational Authorities.

c) Recommendations and costs for conversions of Training Packages/Courses to E-

Learning in association with the WCO Academy.

N
d) Preparation for Launch of Continental Trade & Customs Compliance PProoojercmt aonrdale

delivery objectives.

e

e) shows up through

Delivery of TOT (Training of Trainers) sensitisation and Workgroups to understand

and commence delivery of training.

e

f)

Develop a Web Portal for the AUC/AfCFTA Secretariate Continental Qualifications.

This will be engineered todensure sustainability of project.

g) Phase Report required. Main focus on all the hold-up and frustration areas and

categorisation of same, as well as action list to address same.

N

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Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

PHASE 5 – Monitoring, Feedback and
Engagement Webinars
Period – 180 DAYS

This Phase would consist of feedback and engagement webinars to all key stakeholders to update
progress and ensure support to pilot programmes. The final curiculum, as introduced, and stages
of approval, will cover the 3 broad categories reflected below. This Phase will take an estimated
180 days.

a)

Conduct of RPL

+ b) Conduct of Training Delivery in tandem with TOT.

c) Poor morale

Conduct of TOT Capacity Training shows up through

N 50
d) Commencement of trial TOT Pilot Projects.

e

e)
e