World Customs Organization Updates Ecommerce Trade Rules

This paper delves into the periodic review and maintenance mechanism of the World Customs Organization (WCO) Cross-Border E-commerce Framework. The framework aims to address the rapidly evolving e-commerce landscape, promoting compliance, security, and efficiency in cross-border e-commerce. The article details the framework's establishment and evolution, the establishment of the maintenance mechanism, the first annual review, the first four-year periodic review, and future development directions. It provides valuable insights for relevant practitioners.
World Customs Organization Updates Ecommerce Trade Rules

The rapid growth of cross-border e-commerce has profoundly transformed global trade patterns. Recognizing both the opportunities and regulatory challenges in this sector, the World Customs Organization (WCO) established a standardized framework in 2018 to promote compliance, security, and efficiency in cross-border e-commerce operations.

I. Framework Development and Evolution

In June 2018, the WCO Council formally approved the Cross-Border E-Commerce Framework of Standards (e-commerce FoS) along with supporting resolutions, marking the organization's commitment to standardized global e-commerce management.

The framework evolved through several key milestones:

  • Technical Specifications (TS) were approved in June 2019 and December 2020
  • Initial TS included a main body and six annexes covering business models, reference data sets, process flows, and stakeholder roles
  • Supporting documents including terminology definitions, implementation strategies, and case study templates were developed
  • Two editions of E-Commerce Case Study Compilations were recognized in December 2020 and June 2021

II. Establishment of Maintenance Mechanisms

To ensure the framework remains relevant in the fast-changing e-commerce environment, WCO implemented a two-tier review system:

  • Annual review of at least two documents/annexes
  • Comprehensive quadrennial review of the entire framework

III. First Annual Review

In early 2021, the Permanent Technical Committee (PTC) conducted the first annual review of the Cross-Border E-Commerce Reference Data Set and Revenue Collection Methods . After evaluating submissions from members and private sector stakeholders, the PTC concluded no revisions were necessary at that stage.

IV. First Quadrennial Review

Launched in January 2021, the first comprehensive review spanned 18 months and involved extensive stakeholder engagement:

  • 63 proposals were submitted by members, international organizations, and private sector entities
  • Proposals focused on four key documents within the framework
  • Three rounds of virtual ad hoc meetings were conducted between September 2021 and February 2022
  • Discussions were facilitated through WCO's CLiKC! platform with participation from 38 entities

V. Key Review Outcomes

The review process resulted in nine proposed revisions to the e-commerce FoS and related documents. While consensus was reached on most proposals, four required further PTC discussion:

  • Potential new standards on data quality
  • Technical specifications related to data quality
  • Standard renumbering considerations

VI. Emerging Business Models

One notable proposal addressed direct drop-shipping as an emerging business model. While Sri Lanka Customs submitted detailed text describing seven e-commerce business models, no consensus was reached by the March 2022 deadline, leaving this matter for future consideration.

VII. Future Directions

The WCO has outlined several priorities for the coming years:

  • Revised e-commerce FoS and TS will be submitted for Council approval in June 2022
  • A new review cycle begins July 2022, with the next quadrennial review due in 2026
  • Enhanced focus on combating illegal trade through e-commerce channels
  • Development of data-sharing agreements between customs authorities and e-commerce platforms

VIII. Enforcement Priorities

During the February 2022 Munich Security Conference, the WCO Secretary General emphasized that e-commerce has become a major channel for illegal trade. The organization identified several critical needs:

  • High-quality data for risk management purposes
  • Digital technologies for paperless trade environments
  • Strengthened cooperation between customs and e-commerce operators
  • Public-private partnerships for data sharing

The PTC is currently considering whether to pursue a binding global agreement mandating data sharing between e-commerce platforms and customs authorities.