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

Loading of LMS (Learner Management System).

f)

Engagement with SMME and Gender Sectors.

g) Assessment accreditation planning questions bank and model answers, and

capacity to AUC as AQP and verification Agencies. CDP Training Programmes
to ensure Continuous Learning development.

h) Final Phase report that includes an assessments matrix of the current strengths,

weaknesses, and readiness of Member States to affiliate to Centres of Learning
to be accredited by recognised Bodies in Education.

PHASE 6 – Delivery of Accredited
Qualifications

Period – 90 DAYS

This Phase will focus mainly on delivery of accredited Qualifications in a second Phase of Pilot
Courses that should have been recently accredited with credit-bearing benefits towards the final
Qualificaiton outcomes. This Phase will result in a conclusion period of approximately 2 years and
a evaluation by the funder to ascertain if the same project team should be considered to support a
hand-over extended Phase of approximately 90 to180 days?
This Phase will also focus on key areas to drive Trade Facilitation which will include, but not be
limited to:

a)

Mercator Programme status

b)

TFA Private Sector NC involvement

51

Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

c) Capacity for Articles of TFA such as Advanced Rulings.

N

d) Capacity to enter into and implement Mutual Cooperation Annexes and

Agreements which are within AfCFTA as well as other WCO, WTO UN etc., Trade

Facilitation Instruments. e Poor morale

e) Final Close Out Report and full Public and Private Sector engagement handover.

The Reports will be drafted teo the standards of the AUC, Donors, Global
Stakeholders, all Member States, including engagement with the Global Aslhliaonwces up through

for Trade Facilitation (GTFA). Thus, this Phase will improve the state of final offers for

sustainability of the Continental Qualification and verification Strategy.

Pilot measures will be develdoped as required. The proposal should go to open

tender with a focus on gathering African Experts to implement an African-Driven
Strategy. As the AfCFTA is unique and the largest of its kind, so too will the desired
outcome be of this proposal. Naturally, more detailed steps will be in the final mix of
deliverables, and it is trusted that this draft will evidence the Project Process.

7. Programme Implementation and Budget

The Programme, as proposed, will be implemented by the Trade Law Centre (tralac), in collaboration
with Global Maritime Legal Solutions (GMLS), the Africa European Centre for Trade and Investment
(AECIT), The Institute of Exports & International Trade (IEIT), and other partners. On approval a
detaf)iled workplan, with clear targets and beneficiaries, a budget will be negotiated and concluded. A
draft example of the budget is however provided.

It is envisaged that a Steering Committee will be formalised to meet regularly during the rollout of the
proposal.

The Steering Committee should be provided with enough resources and given sufficient Authority to
make decisions on matters within its terms of reference. It then should define its own working
methods and strategies against deliverables, before embarking on the task. This should include
planning the execution of the various tasks and agreeing on the criteria for evaluating the outcome of
each task.

Significant emphasis must therefore be placed on training capacities so that all the Expert Members
being part of the trainers’ pool develop and maintain in-depth expertise on their subject areas, benefit
from sustainable Programmes on developing training techniques and constantly monitor their topics’
implementation and stay updated of the practices in both the Trade and Customs’ environment.

Other instrumental tools have been annexed: a Training Charter, a Training Management Committee,
the Selection and Management of Trainers guidelines, and the Training Methods Framework.

52

Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

The job of course developer is not only highly demanding, but also requires diverse and somewhat
conflicting skills. In the early stages of course development, developers must perform tasks that
primarily involve analysis, e.g., when conducting training needs analysis. To do this effectively, they
must suspend judgment until they have sufficient data to form the basis for valid conclusions. They
must be analyticallyoriented and tolerant of the involved in the early stages of analysis.

It is envisaged that external Global Experts, such as AECiT and UK Export, will be engaged for at least
50% of the project duration.

A proactive policy concerning career and advancement opportunities for deserving Officers, as well as
other incentives, will benefit the whole structure by raising the status of training.

Various situations regarding the status of trainers can be found in Customs Administrations: full-time
trainers, and/or partial time staff depending on the organisation’s training policy and the expertise
areas. These different situations do have an impact on the policy applied to trainers.

The Joint Venture Consortium will be jointly managed and controlled via GMLS and tralac during the
full duration of the proposed Project.

The costs reflected in the tables below are set in relation to average costs of similar projects in various
Global Contracts and other recent studies into the AfCFTA.

Initial 2-year Budget Estimate

No GMLS No of Qty Daily Euro Total
Days 1,700.00
1. Senior Experts 2 Rate 1,200.00
2. Expert Trainer 2 800.00
3. Administrative Support 2 850
4. Travel expenses 600 3,700.00
5. Per Diem expenses 400
6. Technology TBA
TBA
TOTAL GMLS

No tralac No of Qty Daily Euro Total
Days Rate 850.00
1. Senior Expert 1 850
2. Expert Trainer 2 1,200.00
3. Administrative Support 1 600 400.00
4. Travel expenses 400
5. Per Diem expenses TBA 2,400.00
6. Technology TBA

TOTAL tralac

53

Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

No AECiT No of Qty Daily Euro Total
days Rate 850.00
1. Senior Expert 1 850
2. Expert Trainer 2 600 1,200.00
3. Administrative Support 1 400.00
4. Travel expenses 400
5. Per Diem expenses TBA 2,400.00
6. Technology TBA

TOTAL AECiT

The rationale and calculations of a draft budget are set out below: = EUR 814,000.00
= EUR 814,000.00
GMLS Team Total EUR 3,700.00 per day over 10 months.
With 22 Working Days per month
For the 2nd Year

Tralac Team Total EUR 2,400.00 per day over 10 months. = EUR 528,000.00
22 Working Days per month = EUR 528,000.00
For the 2nd Year

Other Experts Global total EUR 2,400.00 per day over 10 months.

With 22 Working Days per month = EUR528,000.00

Sub-Total Senior and Junior Experts = EUR 3, 212,000.00
Estimated travel and Miscellaneous Expenses = EUR 150,000.00

GRAND TOTAL = EUR 3, 362,000.00

It is understood and appreciated that the proposal will still be negotiated, and therefore subject to
possible changes in terms of Experts and number of days of contract etc.
The aim of the Continental Qualification is to unify the Capacity of all for Continental Trade.

54

Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

The project is designed to be a first solution of its nature on the African
Continent.

8. Proposed Project Rationale, Terms of References, & Deliverables for further
consideration

Despite some progress made with the AfCFTA, it should be noted that the AUC and State Parties
currently do not have sufficient Capacity to successfully realise the implementation of the AfCFTA.
More political will and resources are needed to further negotiate and also implement the Agreement
on the National level.

The necessary institutional and legal frameworks for realising AfCFTA at Continental level as well as at
the level of Regional economic communities and the States Parties remain weak. Furthermore, the
design of the Agreement is a major challenge in view of the heterogeneity of the AfCFTA States Parties
with regard to size, income level, and the openness of their economies. Experience from the first
negotiation phase shows that the negotiations are difficult and time-consuming, and that complex
analysis and coordination processes are necessary both in and between the countries.

The new AfCFTA Secretariat in Ghana, which will be responsible for implementing AfCFTA, is still under
development.

Despite the progress, it should be noted that the AUC and State Parties currently do not have sufficient
Capacity to successfully realise the AfCFTA. More political will and resources are needed to further
negotiate and also implement the Agreement on the National level. The necessary institutional and
legal frameworks for realising AfCFTA at Continental level as well as at the level of Regional economic
communities and the States Parties remain weak. Furthermore, the design of the Agreement is a major
challenge in view of the heterogeneity of the AfCFTA States Parties with regard to size, income level
and the openness of their economies. Experience from the first negotiation phase shows that the
negotiations are difficult and time-consuming, and that complex analysis and coordination processes
are necessary both in and between the countries. The new AfCFTA Secretariat in Ghana, which will be
responsible for implementing AfCFTA, is still under development.

EXAMPLE TERMS OF REFERENCE (TOR)

The specific objectives of the Project content Proposal are the development and coordination of
interventions that will:

• Support closer Continental integration and harmonisation initiatives.

55

Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

• Facilitate the smooth transition to the proposed Continental Customs Union.
• Facilitate transit and Trade Facilitation flows throughout the Continent.
• Support economic transition and development on the Continent and towards the AfCFTA.
In order to achieve this, the project has several result and Phase areas. The information below may
therefore be considered for inclusion, within the future Terms of Reference if the Proposal is found to
be of merit.
PROPOSED ACTIVITIES
A detailed feasibility and implementation study is to be undertaken to explore the formalising of
Customs training via affiliation to formal Continental learning institutes. The study will investigate the
requirements of accreditation in order that Continental Customs Trainers, Training Programmes, and
material are formally acknowledged. The emphasis will be on a modern, efficient, and effective means
of supplying training throughout the Continent and the establishment of Professional Customs
Qualifications, especially at Operational level.
The Project will firstly analyse the methods of national accreditation of training qualifications available
to Trade & Member Administrations in their Member States which are recognised on the Continent
and internationally and are therefore potentially portable throughout the Member States. The study
will consider the information contained within the Continent and other African Education and Training
Protocols as well as the findings of studies performed under the Protocols and those undertaken
nationally.
The study will propose options for national accreditation most suited to all Customs Professionals
based specifically on:

i) affiliation with an internationally credible local university;
ii) registration with the local vocational/ technical education authorities in the Member

State,
iii) utilisation of both options i) and ii) above.
iv) Collaboration with the AUC, AfCFTA Secretariate and the like.
The study will assess the status of each Member State’s Customs training institution to evaluate
strengths, weaknesses, and readiness for Continental accreditation and/or affiliation.
The study will also consider previous research regarding formalisation and standardisation of Customs
training programmes on the Continent and Globally and propose a standardised curriculum. To
compliment this, the project will also investigate the feasibility of introducing electronic, open, and
distance learning, again linked to institutions of higher learning and other international accrediting
authorities such as the World Customs Organisation.
Where such facilities already exist, consideration will be given as to how these can be further
developed and integrated into one Continental system.
The study will also cover the feasibility of introducing and designing a package of open and distance
learning packages, where appropriate, to support African Training Programmes. Ultimately, the
Proposal shall compile the curriculum and all allied deliverables.

56

Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

EXPECTED OUTPUTS

The expected outputs will include:

• A detailed work plan which contains a comprehensive description of the methodology and
data collection tools to be used and the interaction required with in-country staff; and

• A final report that includes:
o The current status of national Customs & Trade training centres and relevant African
training institutes and organisations, and their progress achieved with regard to
accreditation of Customs learning.
o An assessment matrix of the current strengths, weaknesses. and readiness of Member
Administrations Customs & Trade training departments to affiliate to centres of
learning or be accredited by recognised bodies.
o An analysis of the data assessment report on the African qualifications framework
(including the identification of Continental equivalent qualifications);
o Proposed options for national accreditation affiliation;
o Identify institutions with which trainers and materials may be affiliated or registered;
o An assessment of the standard of training materials in each Member State;
o A draft standard Continental Customs training curriculum that will meet the training
needs of the Member States and recognised Globally and Continentally.
o Qualitative and quantitative indicators for curriculum standardisation.
o A proposal for implementing e-learning.
o Recommendations and costs for conversion of training packages to e-learning and open
and distance learning packages.
o A list of e-Learning and other computer-based training/open and distance learning
packages required and those available.
o A training evaluation procedure for measuring the effectiveness of training delivered
(including e-learning, open/distance learning), its impact at the workplace and the
effectiveness of the trainers.
o Proposed training and knowledge management systems and controls across a
Continental network.
o A training sub-strategy that reflects the policies and systems which must be
implemented in order to sustain the capacity building network; and
o A list of Continental Customs & Trade Trainers and their qualifications as advised by
Member State training co-ordinators, to be uploaded onto the AUC Customs website.
They will participate in a TOT Programme
o Development of curriculum, specifically Trade Facilitation and Global Trade
competency focused.

57

Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

o Development of Training Guides, Assessments etc., that will support the Continental
Solution.

o Ensuring that all capacity and Annexes of the AfCFTA and other Global Trade Facilitation
Instruments can be met and are included.

ASSUMPTIONS AND RISKS
Assumptions
It is assumed that the Member States will be supportive of the Customs Modernisation Capacity
Project and its potential benefits to them. In light of that assumption, it is further assumed that the
Member States will be co-operative in helping to realise the objectives of the missions and that the
required Human Resource and Training personnel will make available the information requested. It is
also assumed that personnel from relevant centres of academia will also co-operate fully with the
Member States administrations and the Short Term Experts in the Project. The nature of this Proposal
requires meeting the objectives and involvement of Short Term Experts and Senior Long-term Project
Experts.
RISKS
Every care must be taken that the relevant in-country personnel are informed of the purpose of the
missions and are available on the scheduled days and give the required feedback. Momentum after
the official launch must be retained.
LOGISTICS AND TIMING
The Experts will be required to facilitate workshops in tandem with heads of training and
representatives from the AUC and other Stakeholders involved in Continental Customs Capacity
Building. The purpose of the workshop is to build consensus and validate the findings of the study
and future rollout objectives..
The Key Experts, Capacity Building, and a Customs Programme Expert, will co-ordinate all activities
and supervise and monitor the other Experts where appropriate.
CONCLUSIONS AND RESULTS
The proposal will provide essential details regarding the current status of each Member State’s Human
Resource and Training Department with regard to their training and development programmes and
will identify areas where progress in accreditation has been made. The report will also propose
methods to assist those Member States that are seeking accreditation of Customs learning.
The study will result in a sub-strategy, specific to accreditation and sustainability of Customs learning,
to support the AfCFTA Customs training strategy approved.
Recommendations will assist the continued development of Customs & Trade capacity building
network and will ensure that the standard of Continental Customs & Trade training is formally
recognised through accreditation of its trainers/facilitators and training and development material
through links to recognised institutions/organisations.

58

Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

The professionalisation of Customs learning will endow employees with an increased sense
of worth, encourage adhesion to career paths and in the future, encourage the portability
of qualifications within a Common Market. Furthermore, the global objectives of Trade
Facilitation will be realised upon the African Continent.
The recommendations from this proposal will provide the basis for subsequent capacity building
initiatives thereby increasing the sustainability of the Continental Customs capacity building network
and measurably supporting Continental integration consistent with Customs Modernisation and Trade
Facilitation objectives. The foundation of recognition of the Professional Customs vocational
Operational Profession will be achieved with equal verification of capacity across the entire African
Continent.
We have already indicated a rollout plan and identified deliverables. Kindly also take the following
into consideration please.

Output 1 - is to improve capacities for implementing selected commitments on Trade in goods and
services. The objectives of the AU strategy for Trade Facilitation as well as Annex 3 on Customs
Cooperation, and Annex 4 on Trade Facilitation, of the AfCFTA Protocol on Trade, to form the basis for
activities and action priorities. The efficiency of the technical Working Groups on Customs cooperation
and Trade Facilitation, and the cooperation between the AUC dti and the AfCFTA Secretariat will be
improved.

The project supports strategic Customs & Trade Compliance competence development mainly for the
Managerial, and Operational workforce, AUC, RECs, and Ministries in the State Parties. This will
include Training Programmes for Customs Officials and Trade Stakeholders, (on Trade Facilitation,
Rules of Origin, etc.,) as recommended in the Proposed Courses. Capacity will also be imparted to will
advise all Stakeholders relevant to the preparation and conclusion of outstanding Customs offers,
according to the outstanding obligations identified.

Synergies for the dissemination of proven approaches to Trade Facilitation will be jointly used with
milestones to achieve. Proposals for measures to implement the AfCFTA obligations in the areas of
Customs and Trade Facilitation have been documented; Training Courses for Specialists,
Management, and the Operational workforce, from State Parties and RECs have been designed,
approved, and registered.

Output 2 – Trade in Goods

1. 80% of the identified Specialist, Managerial and Operational personnel from State Parties, as well
as RECs, who have attended training sessions on the implementation of specific commitments on
Trade in goods and services, will confirm, on the basis of a rating scale that their knowledge,
understanding and application has increased.

2. AfCFTA technical committees have drawn up 3 proposals for the implementation of specific
commitments on the AfCFTA Protocol on Trade in Goods and these have been presented to the
Management level in 5 State Parties. Data from the balance of State Parties will be obtained,
analysed, and audited in report format.

59

Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

The measures are aimed at Trade-related experts, managers, and operators (AUC, REC, National level),
to strengthen their competencies for negotiating respective protocols (e.g., precise protection
Standards for investments, consideration of International sustainability Standards, etc.) Depending on
the success of negotiations, a needs-based expert’s advice will be provided. The project will work with
the Stakeholders, to improve the analytical foundations, which will improve evidence-based policy
formulation. Milestones will remain a priority on all relevant topics agreed with the Stakeholders as
created; drafts of the position papers on the specified topics will be made available; discussion events
regarding the position papers will have taken place.

Output 3 – Investment

Recommendations from the Private Sector, including 2 who take the interests of women entrepreneurs
into account, have been incorporated into the policy making process for the implementation of the
AfCFTA Agreement.

With Capacity Building roll-out concluded the state of affairs for a sustainable implementation of the
AfCFTA will now be attainable. Additionally, the analytical competencies of experts, managers , and
operators, are strengthened (including instruments such as policy impact assessment, ex-post
evaluation) and other competencies are developed to design any necessary Trade-related adaptation
measures.

Pilot measures will be developed as needed (e.g., specialised events on the relevance of sustainability
in Supply Chains, information measures for women Traders on how they can better use market
opportunities of the Agreement). For the dialogue and strengthening of participation mechanisms
with the Private Sector and civil society, joint activities may be conducted.

During the period of the assignment the Team Leaders will contribute to all of the above-mentioned
outputs and indicators by supporting the selected key activities and milestones for the AfCFTA and
Continental Qualification Programme, grouped in the work packages indicated herein.

Envisaged initial Key Project Deliverables

1. Study and Report of WCO Mercator Programme Outline.
2. Study & Report of each Country’s Qualifications Authority, contacts details, and all current

Customs Qualifications, Systems, Processes, etc.
3. Study and Report of Customs Administrations & Traders of their current training institutions,

training Programmes, accreditation of same, delivery of same.
4. Attain political support and buy-in.
5. Formulation and development of curriculum of a Customs Operational Qualification for NQF

Levels 4, 5, and 6.
6. Assistance with Qualification Registration and Accreditation with Qualifications Authority per

country and applicable SETAS.
7. Assist with WCO Programme Accreditation.
8. Obtain Stakeholder buy-in and sensitisation roll-out of Workshops.
9. Recruit Trainers and National delivery of Training-of-the-Trainer Programmes.

60

Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

10. Develop & Deliver Capacity Training to all National Training Centres for Customs & Trade
Stakeholders.

11. Assist with development and setting up of Continental On-line Learner Management Systems
& deliver Administrator LMS Training Workshops.

12. Assist with Recognition of Prior Learning (RPL) Qualification options.
13. Conduct Customs & Trade Stakeholder RPL Assessments wherever possible.
14. Curriculum must be aligned to Global Qualifications driving Global Trade Facilitation

instruments such as: UNECA, UNCTAD, WCO, WTO, IMO, ICAO, IATA, ISO, ICC, IBSS, ICS etc.
15. Article 29 of Trade Facilitation requires the process of implementation of the Annex shall be

expedited.
16. Freedom in Transit is a key objective to attain.
17. Whenever identified, AEO process must be facilitated and assisted with.
18. Policy development directed at mission statement, values, principles, accountability,

ownership etc.
19. Cost-saving of delivery technology instead of duplication.
20. All Customs & Trade Stakeholders must be subjected to a minimum Capacity compliance

standard.
21. The impact and role of Customs and Trade compliance in Global Trade.
22. Implement training of the Trainer of the Trainer (TOT) Programmes for Africa.
23. Do comparison analysis to various Research Studies on African Training and develop

Implementation Model.
24. Identify African leading academic institutions to form part of Expert Pool for the Project.
25. Various Work Packages will be considered as outlined below.

Work package 1: Strengthening Stakeholder institutions

The contractor will contribute to the output and indicators regarding strengthening institutions
especially by supporting selected activities of the Secretariat to facilitate the implementation and
negotiations of the Agreement, preparing National AfCFTA implementation strategies, drafting
success stories on learning experiences in setting up institutional bodies, and organising public-public
or public-private engagement and cooperation on policy harmonisation coordination.

No Key Activities & Milestones Due date

1. Needs assessments for up to 3 Continental, National, and Regional
partners, including a Capacity development strategy carried out

2. Support activities of the Secretariat for implementation and/or
negotiations

3. Development/Implementation of National strategies for the
AfCFTA, incl. development of internal guidelines for AfCFTA
implementation

4. Strengthening the institutional framework and coordination
capacities of partner institutions (inter-institutional coordination,
coordination of public-private dialogue) through advisory services

61

Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

No Key Activities & Milestones Due date

(e.g.: workshops or retreats on policy alignment/ harmonisation,
coordination dialogue with ETIM/ AfCFTA Secretariat)
Training of negotiators / Capacity building of teams in charge of
the AfCFTA dossier in sector ministries/ departments on
negotiation techniques in the African context
5. Development of the structure and content for knowledge
Management plans (and websites for AfCFTA/ WTO) at the country
level
6. Documenting success stories on learning experiences in setting up
the bodies
7. Organising and facilitating events with Private Sector partners
(e.g.: information events, trainings, public private dialogues,
stakeholder consultation workshops...)

Work package 2: Trade in Services (TiS)

Regarding the output and indicators on TiS the support of the consultant will focus on finalising the
TiS Negotiations (through support to State Parties, RECs, and the AU in the negotiation process) and
on preparing the implementation of the TiS commitments (through support to AfCFTA State Parties
and to the Private Sector).

No Key Activities & Milestones Due date

1. Supporting partners in preparing ex-ante impact analyses on the
potential effects of liberalisation of Trade in services under the
AfCFTA

2. Technical support to the AfCFTA Secretariat in TiS negotiations in
thematic areas such as Mutual Recognition Agreements;
Regulatory cooperation in services sectors (technical analyses,
trainings, and workshops)

3. Technical support to MS and RECs for developing TiS negotiation
offers and requests (economic and legal analyses, direct technical
assistance)

4. Technical support to prepare AfCFTA State Parties in implementing
their AfCFTA TiS Commitments (economic and legal analyses,
trainings, workshops, direct technical assistance)

5. Export promotion support to prepare Services Providers (Private
Sector) in AfCFTA State Parties to make use of new opportunities
arising from TiS commitments (economic and legal analyses,
trainings, workshops, direct technical assistance)

6. Additional Technical Assistance to State Parties, RECs and the
AfCFTA Secretariat related to TiS (depending on further progress
of negotiation process)

62

Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

Although the Secretariate may not be the proposer, it is envisaged that the outcomes will support the
Secretariate as indicated above.

Work package 3: Trade in Goods (TiG)

During the period of the assignment the contractor will contribute to the above-mentioned output
and indicators on Trade in goods by supporting key activities and milestones of the AfCFTA
Programme. The overall goal is to strengthen key National/Regional/Continental institutions for the
implementation of TiG commitments. The focus will be on Capacity building (CB) including concept
development for institutions on all levels through trainings and workshops. Furthermore, the TiG
implementation structures, such as the TiG committees, will be supported.

No Key Activities & Milestones Due date

1. Technical support for ongoing TiG negotiations (finalisation of 90%
and start of 7% tariff offer negotiations) on State Parties / REC/
Continental level.

2. Development of Capacity building (CB) concepts and
implementation of CB on State Parties /REC/AU level for
implementation of TiG commitments such as Rules of Origin (RoO),
tariff implementation, Harmonised System (HS) (mainly AfCFTA
Annex 1-4) through activities such as trainings and mainstreaming
events.

3. Technical support for TiG (sub-) committees, including
development of proposals for TiG implementation and
sensitisation/implementation of proposed concepts such as
Customs Cooperation (AfCFTA Annex 3)

4. Supporting finalisation, if needed, and rollout of the simplified
AfCFTA Trade regime guide for AfCFTA State Parties and the
continent, specifically targeting SMEs, MSMEs and small (informal)
Traders with activities such as sensitisation and mainstreaming of
the guidelines.

5. Supporting finalisation, if needed, and rollout of the simplified
AfCFTA Trade regime guide for AfCFTA State Parties and the
continent, specifically targeting SMEs, MSMEs and small (informal)
Traders with activities such as sensitisation and mainstreaming of
the guidelines.

Work package 4: Investment, competition policy, e-commerce

The contractor will contribute to the above-mentioned output and indicators on phase 2 and 3 issues.
The objective is to prepare the ground for and support negotiations regarding the protocols on
investment, competition policy and digital Trade/ e-commerce through research-related activities,
Capacity development for technicians/ negotiators, and preparation of (side-) events involving the
Private Sector to raise awareness, generate interest and obtain feedback for negotiations.

63

Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

Activities will need to be designed taking into account specifics of the Continental, Regional and
National level.

No Key Activities & Milestones Due date

1. Supporting partner institutions in preparing ex-ante impact
analyses on the potential effects of liberalisation of investments
and other phase 2/3 topics under the AfCFTA

2. Analysis of Regional/ Continental value chains with regard to the
potential to benefit from AfCFTA as input for a PPD

3. Studies focusing on issues related to Private Sector involvement
under phase 2/3 issues to identify and prepare auspicious
transnational themes for further support, e.g.
• how the Private Sector can benefit from AfCFTA
• competitiveness assessments in selected economic sectors
• export coordination challenges to AfCFTA market

4. Preparation of analytical papers based on situational analyses on
investment, competition policy and digital Trade/ e-commerce

5. Trainings of technical experts and negotiators for phase II
negotiations, especially for competition policy and digital Trade/
e-commerce (AUC, REC and MS level) for experts

6. Preparation and presentation of position papers to support
negotiations on investment, competition policy and/ or e-
commerce

7. Support for implementation of phase 2/3 protocols through
preparation of further background papers and trainings at
Continental, Regional and National level

8. Preparation, organisation, and Facilitation of (side-) events to
engage Private Sector and other stakeholders into the negotiation
and implementation process

Profile Selection Criteria
Qualifications and skills
At least a university degree (or 10 years of relevant experience) in Business, Economics, Customs, or
Trade related fields:
- A specialised training certificate or post-graduate certificate will be considered an advantage.
- Fluency in English; other languages are highly desirable. Short-term Experts with French and

Portuguese competencies will be sourced.
- Excellent drafting and communication skills, general Professional experience.

64

Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

- At least 20 years of demonstrated experience in the field of Customs.
- Experience of working with Customs Administrations is mandatory.
- Thorough understanding of Customs Administrations’ organisation structures/objectives and

modernisation issues are mandatory.
- Demonstrated experience working with Customs partners is highly valuable (Traders, Cross-Border

agencies, consumer protection agencies, other ministries).
- Demonstrated experience related to the assessment of needs and capacities in the field of

Compliance Management & Client Services.
- Demonstrated experience in providing Capacity-building support Specific Professional experience.
- Experience with Customs Administrations in providing gap analysis.
- Experience with of drafting Strategic Plans, Customs policies, and procedures.
- Experience of the design and delivery of technical training Programmes; support missions and

training workshops in a developing context.
- Knowledge of the Trade Facilitation Agreement.
- Prior experience in research mandates, especially on the African Continent.
- Prior experience in creation, drafting, conclusion of Qualifications.
- Association to Global Trade Organisations.

Conclusion

NB!! The Customs environment makes it necessary to have specific knowledge and behavioural
skills that are uniquely linked to the technical aspects of the various posts within a Customs
Administration. However, training in Customs should embrace a wider range of additional
knowledge, skills, and competencies, including leadership and Management capabilities throughout
the organisation’s levels.
The training strategy is aimed at translating the training policy into activities. Designing a tailored
training strategy involves the adoption of a cyclical process in which engineering must be competency-
based and focused on performance.
It is also critical to promote a forward-thinking structure focused on the future requirements for
competencies.
Promoting the Accreditation and Academic Recognition of Customs Professional Training.
The Training activities, focused on the implementation, strive to bridge the performance gaps (both
at the individual and organisational levels), and promote the learners’ accountability to apply change
within their work environment. Training and Development must be considered by the Customs
Administration’s decision makers a strategy for change. RPL can be introduced for those older in the
Profession.

65

Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

ANNEXES
Trade Law Centre (tralac)
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). We develop technical expertise and Capacity in Trade governance across Africa. We are
committed to the principles of rules-based governance at the National, Regional, and International
levels. We believe that better governance and strong institutions are essential elements for inclusive
and sustainable growth.
tralac’s activities are anchored on three pillars:

i) inform Stakeholders through quality, accessible analysis, and information provision,
ii) capacitate individuals and institutions through partnerships that focus on embedding

Capacity in institutions, and
iii) empower, especially marginalised Stakeholders to participate more effectively in Trade

policy and governance debates and processes.
Understanding that Regional integration and Trade are means to achieve sustainable development
outcomes, tralac’s core goal is to support Inclusive growth and sustainable development, by
contributing to Africa’s:

• rules-based governance – underpinned by access to information, transparency, and
accountability

• knowledge and Capacity development through the provision of quality data and analysis,
innovative training, and open policy dialogue

tralac is entrusted with generous support from International donors, to undertake our work
Programmes.
tralac has a core network business model, a team of expert Trade lawyers and economists, and
Professional support staff. tralac’s network of associates provides specialist expertise to enhance its
Capacity to deliver Capacity-building initiatives. tralac collaborates with many Regional and
International organisations; such institutional partnerships expand the reach and impact of tralac’s
work.
As an organisation, tralac subscribes to principles of good corporate governance. The tralac Board
provides governance oversight and the tralac Advisory Board provides strategic leadership for the
organisation. Since tralac is primarily donor funded, good governance assurance is a primary concern
for the organisation.

66

Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

Values and Vision
tralac’s values provide a foundation for its vision, strategic and specific goals. tralac’s values are:

§ Integrity
§ Respect (for our colleagues, our partners, our beneficiaries)
§ Rules-based governance
§ Sustainability (sustainable development, lasting impact for our work, reducing our impact on

the environment)
tralac’s strategic and specific goals, as well as the conceptualisation and design of tralac’s Programmes
of interventions (or activities) are based on the organisation’s values, anchored on foundational
principles of rules-based governance - transparency, accountability, equity, and inclusion. We also
take guidance from the revised 2019 OECD/DAC Revised Evaluation Criteria Definitions and Principles
for Use. The OECD/DAC criteria provide a sound board for the design and development of tralac’s
overall strategy and a checklist against which specific interventions or activities are measured.
These principles in the context of tralac’s work are articulated as follows:

§ Effectiveness: Does the activity achieve its objectives?
§ Efficiency: How efficiently are resources being used? How can we use our resources (financial,

human) more efficiently?
§ Impact: What difference does this activity make (both at the individual and institutional level)?
§ Sustainability: Does the activity have a lasting impact (is there a transfer of impact beyond the

direct beneficiary)?
The recent addition of a fifth principle to this compact – coherence – resonates very much with tralac’s
ethos or values. We believe that internal consistency, in terms of our vision, strategy and specific
interventions in our work Programme, is a prerequisite for achieving sustainable impact. We adopt
a systems thinking approach to the interventions across the three pillars of our work, leveraging the
linkages, synergies, and feedback loops.
tralac’s Vision: Trade contributes to the achievement of the Sustainable Development Goals for all
African countries.
Strategic and Specific Goals
tralac’s strategic goals are:

(i) To contribute to specific Sustainable Development Goals: ensuring that the foundational
principle of ‘leaving no one behind’ finds practical application in all our Programmes to
ensure inclusivity and voice for marginalised Stakeholders in Trade policy and governance
(our focus will be primarily, but not exclusively, on women and youth, and Africa’s least
developed countries).

67

Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

(ii) To build both technical and institutional Capacity to enhance Trade policy making,
International Trade Agreements and rules-based Trade governance, so that Trade
contributes to sustainable development outcomes.

(iii) To ensure that we comply with principles of good governance in all we do and how we engage,
in an inclusive and respectful manner, with partners and beneficiaries.

tralac’s specific goals are:

(iv) To develop innovative, appropriate, and sustainable interventions that inform, capacitate,
and empower specific beneficiaries, in order to respond to:

• current multilateral governance developments, including the crisis in the World Trade
Organisation, climate change and the COVID-19 global pandemic – specifically to
enhance the participation of African countries to address these crises.

• emerging developments on Africa’s Trade and integration agenda, including the
negotiations and implementation of the African Continental Free Trade Agreement.

• the COVID-19 impact on Africa - which confirms our interconnectedness on the
continent and the importance of Regional integration, the imperative to develop
productive Capacity and resilience and to facilitate Trade, to be prepared for future
crises and challenges.

• to consolidate our inter-disciplinary analysis of current and emerging issues on
Africa’s Trade and integration agenda. Being able to respond at short notice to
emerging developments, requires expert Capacity, continuing learning - core funding
support which permits e.g., flexible responses on topics for analysis, possible, is also
important.

(v) To nurture existing partnerships and build new partnerships at the National, Regional,
Continental, and global levels to enhance our Capacity and impact (giving expression to
Sustainable Development Goal 16).

(vi) To expand tralac’s reach to the West and Central African region, building on lessons from
our work in East and Southern Africa by inviting participants to training and dialogue
events. This is necessary, acknowledging the implications of the African Continental Free
Trade Agreement: a continent-wide integration initiative.

(vii) To build our own Capacity and resource base to assure the sustainability of tralac as a
model non-profit organisation.

African-European Centre for Investment & Trade
Kirstenhof Office Park, Block A, 1 Witkoppen Road, Paulshof
PO Box 2890, Sunninghill, 2157, South Africa
t. +27 10 730 1350 e. [email protected] www.aecit.africa

68

Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

Mission
The mission of AECIT is to support the Vision 2063 of the African Union, with emphasis on the
realisation of the African Free Trade Agreement (AfCFTA), and the cooperation with the European
Union. Its focus is on the interaction between innovation, investment, and Trade.
Background
AECIT was established in 2018 as an independent, not-for-profit institution under South-African law,
at the African campus of Henley Business School, University of Reading (UK), in Johannesburg.
Activities
AECIT aims to develop executive development for Private Sector Managers, in SMEs and MNCs; think
tank work on Afro-Euro policy developments and cooperation; and academic research.
It focuses on :

- Development of framework conditions for investment and Trade, in particular the
development of innovation ecosystems for systemic improvement of competitiveness and for
the realisation of the SDGs.

- Capacity acceleration for small and medium sized companies for product or service innovation
and for their integration in trans-African and global value chains.

- Governance of Regional market integration processes, public Management modernisation,
organisation of efficacious institutions and Capacity acceleration in the public sector, in
particular for investment and Trade.

AECIT aims to achieve its objectives through collaboration with likeminded academic institutes and
think tanks in Europe and Africa.
Faculty
AECIT is supported by academic faculty of Henley Business School and of the University of Reading,
and by experts from the public and Private Sector.

Global Maritime Legal Solutions (Pty) Ltd

GMLS has recently, on behalf of the AUC and its Donor, GIZ, conducted a research study with the
following deliverables, specifically relevant to the AfCFTA. The purpose of the consultancy was to work
with the main actors and stakeholders of the African Continental Free Trade Area to analyze the needs
around the implementation of the AfCFTA concerning customs authorities. The consultancy contains
the following outputs:

I. Conducting a needs assessment among national customs authorities in East and Southern
Africa regarding their challenges on the AfCFTA implementation, conducted through a
standardized online survey.

69

Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

II. Introducing the concept of the GIZ Customs Leadership Training to representatives of national
customs authorities from East and Southern Africa, AUC-DTI and potentially other relevant
stakeholders.

III. Presenting the evaluation of the needs assessment and discussing potential solutions with
customs authority's representatives and other stakeholders and showing how the Customs
Leadership Training can support this process.

GMLS offer Global Trade Solutions by providing their valued customers, with superior skills, Capacity
Building and academic training, and ‘hands-on’ mentoring and consulting, particularly in relation to
corporations and government Administrations. Our directors and associates are all experts in their
field and have specialised postgraduate academic Qualifications combined with hands-on experience.
Trade Facilitation and Trade advocacy, is the key to success for business and government alike. What
sets GMLS apart is our association and co-operation with all major global Authorities in Trade, thus
bringing our customers the correct Capacity at International Standards.

Our Vision, Mission and Values
GMLS aims to secure the International Logistics Supply Chain by providing superior skills and
knowledge transfer to mainly African countries. Benefits to these countries will include maintaining
and increasing their participation in world Trade, whilst they contribute, in turn, to Global Supply Chain
Security.
GMLS continuously strive to remain the preferred Consulting Services and Capacity Building Provider
in International Trade, Global Supply Chain Management and Customs Compliance Solutions, on the
African Continent as a whole. We offer tailor-made global solutions, which provide our clients with
superior and competitive results.
The GMLS Team is comprised of recognised leaders in the field of International Trade, with a focus on
Customs & Trade Facilitation, and development initiatives such as the AfCFTA and the WTO TFA.
Our associated experts are located throughout the world and include noted former senior ITAC
Officials, Customs Officials, experienced advocates, International Trade consultants and business
leaders.
GMLS have developed advisory experience with several global, Regional, and National government
bodies throughout Africa and specifically in the SADC and West African regions and we are affiliated
with multilateral institutions such as:

• The World Customs Organisation (WCO),
• FIATA – International Federation of Freight Forwarders,
• The International Chamber of Commerce (ICC),
• The International Network of Customs University’s (INCU),

70

Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

• The Johannesburg Chamber of Commerce and Industry (JCCI)
• The Durban Chamber of Commerce and Industry (DCCI)
• The Cape Chamber of Commerce and Industry (CCCI)
• Professional Aviation Services (ICAO and Dangerous Goods Experts)
• University of Kwa-Zulu Natal (Masters and PGDip)
• University of Cape Town (Masters)
• South African Association of Freight Forwarders (SAAFF)
• Transport Education Training Authority (TETA) Accredited Provider
• Quality Council for Trade & Occupations (QCTO)
Our Academic Mission is to facilitate International academic associations and therefore to play an
integral and strategic role in the creation and development of Qualification Programmes of the highest
global quality in the fields of Customs & Excise and International Trade. Thereby achieving the goal of
recognition to the Customs & freight forwarding community and International Trade Practitioners.
This aim is achieved via a blended methodology of training & consulting Programmes.
We are the distributers of the World Customs Organisation (WCO) E-Learning Products, the ICC e-
Learning Modules, and A to Z Software learning and reference tools for the Southern African & African
market.
We are further actively working with leading academics and International universities, including the
WCO Capacity Building Programmes (Courtesy of the WCO), in order to provide SADC and all African
countries with additional academic Programmes focused on Customs & Excise and International
Trade. Our expertise lies in improving business processes in the Supply Chain. Our client engagements
result in knowledge transfer and building internal capabilities. Our involvement ranges from analyses
and design to implementation and, when required, operation of the Supply Chain processes on behalf
of clients.
We believe that an integrated approach to business is essential to improve overall performance. An
effective Supply Chain is not just about people and Operations, but about the processes and
technologies that integrate them together.
In order for African Customs Administrations and Traders alike, to remain responsive to the challenges
of AfCFTA inter-Continental Trade and meeting global Customs Standards, it is essential that they keep
a specific focus on anticipating the emerging competencies. This will enable them to plan, develop
and implement an efficient policy to equip each category of their workforce with the right skills,
knowledge and behavioural capabilities corresponding to their roles, responsibilities, specific tasks,
and objectives.

71

Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

These become particularly critical considering the significant investments of Customs and Trade in
new technologies and enhanced processes which in any event, would be inoperative without skilled
and competent staff. Training should always have priority and requires a strategic commitment from
Management.

By way of insight the following criteria will be of high relevance:

1 Compliance with the mission given of Government.
2 Accurate application of International, Regional, and National Standards for Customs and

International Trade.
3 Provision to the International Trade community of an appropriate level of service and Trade

Facilitation.
4 Effectively Protecting society and the public; and
5 Dealing with the challenges of a fast-changing environment.

The importance of training to any global Trade Stakeholder 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 organisational goals. This will
enable them to plan, develop and implement an efficient policy to equip each category of their
workforce with the right skills, knowledge and behavioural capabilities corresponding to their roles,
responsibilities, specific tasks, and objectives.

Customs & Global Trade Competency Training Curriculum

TRADERS All Sectors
require a
LOGISTICS minimum
CUSTOMS of 80% of
the same
Capacity

72

Global Maritime Legal Solutions (Pty) Ltd

An Inclusive Proposal for Customs Capacity & Trade Facilitation across Africa

9. Research & Bibliography
1. 7th WCO PICARD 2012 Conference Report (Morocco)
2. WCO Framework of Principles and Practices on Customs Professionalism
3. A WCO Initiative to support the WTO Agreement on Trade Facilitation
4. The WCO Mercator Programme
5. WCO National Committee on Trade Facilitation
6. WCO Coordinated Border Management Compendium
7. WTO Trade Facilitation Tool Kit Feb 2014
8. UN Trade Facilitation and Development
9. GMLS Final Report on Feasibility Study to consider the Accreditation and Sustainability of
Customs Learning throughout the SADC
10. UNCTAD EU Handbook on Rules of Origin
11. WCO Guide for updating the preferential Rules of Origin relevant to the HS Code
12. WCO Agreement on Rules of Origin
13. Dti Drivers of Preference Rules of Origin
14. WCO Rules of Origin Handbook
15. WCO Origin Compendium
16. AUC 30988 Rules of Origin Training Module
17. SARS Preferential Rules of Origin – External Guide
18. WCO E-Book Titled: Trade Facilitation in Southern Africa

End of proposal

73