DCN April 2019 Edition

TRADE LAW
An agenda for digital trade
Lawyer Andrew Hudson writes about proposed developments in digital
transformation and enhancement of trade to assist the position of SMEs
TECHNOLOGY HAS CONTRIBUTED
to improvements in trade and is seen as
one means to facilitate improvements.
For example, many parties are looking to
blockchain as a means to enhance both the
speed and safety in the movement of goods.
Most contemporary free-trade
agreements include provisions to facilitate
customs procedures and trade as well as
chapters on assisting e-commerce. In one
excellent example, the DFAT Free Trade
Agreement Portal comprises up-to-date
information on the terms of our free-trade
agreements in a way which makes it easier
for parties to understand the agreements
and take advantage of them.
THE ROLE OF THE PRIVATE SECTOR
Government and its agencies are not
the only part of these initiatives. The
private sector is also involved, not only
in its commercial self-interest in selling
technologies, but to share in the benefits
from a secure and rapid supply chain.
Further, the government and its agencies
are working collaboratively with the private
sector to advance these initiatives.
One place that can be seen is through
the National Committee on Trade
Facilitation, which is convened by the
Department of Home Affairs to include
agencies operating in and around the
border and the supply chain such as the
Australian Border Force; the Department
of Agriculture and Water Resources; the
Department of Industry, Innovation
and Science; Austrade; the Department
of Foreign Affairs and Trade; and other
agencies. I am the chair of the privatesector
group at the NCTF comprising
associations and entities such as the
Australian Industry Group; the Australian
Chamber of Commerce and Industry; Ports
Australia; Shipping Australia; the Customs
Brokers and Forwarders Council of
Australia; the Export Council of Australia;
and the Food and Beverage Importers
Association. The NCTF has a number of
advisory committees including the Trade
Facilitation Initiatives Working Group.
TRADE AGENDAS
TFIWG has a number of items in its
agenda, including the Australian Trusted
Trader program and the development of
the single window for trade and other
trade facilitation initiatives. At the most
recent NCTF meeting late in February
2019, the private-sector group proposed
several topics to be advanced as part of the
NCTF work program including a review of
recent reports and inquiries which have
recommended initiatives to enhance trade,
with a specific focus on bringing home
advances in the trading environment to
small and medium enterprises. This would
require review of the recommendations of
the parliamentary inquiry into trade and
the digital economy, the findings of the
joint research report Growing the Digital
Economy in Australia and New Zealand:
Maximising Opportunities for Small Medium
Enterprises (SMEs), as well as the report
from the parliamentary inquiry into access
to free-trade agreements by small and
medium-sized enterprises.
PARLIAMENT RECOMMENDATIONS
Relevant starting points are the
recommendations of the parliamentary
inquiry into trade and the digital economy:
• Recommendation 1 - The Australian
government, as a matter of priority,
should create a single portal of
information, with particular regard to
exporting digital goods and services.
• Recommendation 2 - The Australian
government, as a matter of priority,
should create a single window trading
system, with particular regard to
exporting digital goods and services.
• Recommendation 6 - The Australian
government should continue to promote
WhiteMocca
54 April 2019
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