2007 Varavithya
2007 Varavithya
www.elsevier.com/locate/ecra
Abstract
Rules of Origin (ROO), globally applied to determine the eligibility for trade preferences, are a vital instrument in international trade,
since they defines the country of origin of products. Whereas the technical nature of the ROO criteria is complex and voluminous, com-
mon ROO knowledge representation is a vital key in promoting interoperability and effective e-government services. This paper aims to
lay down a ROO knowledge representation model using the composite act frame technique extended from the frame-based ontology of law.
To prove the generic and extensibility aspects of the model, we conducted an assessment test with different criteria for the ROO. The
implementation of the ROO knowledge representations to support Web-based e-government services is accomplished ‘‘Rules of Origin
VERification Systems’’, known more simply as ‘‘ROVERs’’.
2006 Elsevier B.V. All rights reserved.
Keywords: Composite act frame technique; E-government; Free trade agreements; Frame-based ontology of law; Rules of Origin
1. Introduction Major differences between the ROO and other law issues
in international trade, namely non-tariff measures2 (NTM),
With the proliferation of free trade agreements (FTAs) is that although NTM may be deployed by national gov-
in the last decade [1–4], government and international trade ernments as an indirect way to reduce the volume and value
experts have paid attention to one of its most important of trade, ROO are, however, required by the World Trade
components: Rules of Origin (ROO). ROO1 are the criteria Organization to be transparent, non-restrictive, non-dis-
needed to determine the national origin of a product [6]. torting or non-disruptive to international trade. Moreover,
ROO form a critical component of FTAs to define the con- ROO must be administered in a consistent, uniform,
ditions under which the importing economy will regard a impartial and reasonable manner [6].
product as originating in an exporting economy that As ROO criteria are difficult, onerous, and opaque for
receives preferential duty or tariff treatment from the compliance to businesses, the ROO administrative proce-
importing economy. dures create high administrative costs for the government
and businesses [8]. The motivation of our research is to
take the first step in the construction of Web-based
*
Corresponding author.
E-mail address: [email protected] (W. Varavithya).
1
The GATT Agreement defines Rules of Origin as ‘‘. . .those laws,
2
regulations and administrative determinations of general application Baldwin [7] defines non-tariff distortion as ‘‘any measure (public or
applied by any Member to determine the country of origin goods, private) that causes internationally traded goods and services, or resources
provided such Rules of Origin are not related to contractual or devoted to the production of these goods and services, to be allocated in
autonomous trade regimes leading to the granting of tariff preferences such as way as to reduce potential real world income’’. Samples of non-
going beyond the application of paragraph I of Article I of GATT 1994’’ tariff measures are export subsidies and taxes, antidumping regulations,
[5]. and controls over foreign investment.
1567-4223/$ - see front matter 2006 Elsevier B.V. All rights reserved.
doi:10.1016/j.elerap.2006.11.005
W. Varavithya, V. Esichaikul / Electronic Commerce Research and Applications 6 (2007) 128–138 129
Regime-wide rule: Regime-wide rule employs a degree of 2.2. Problems related to the Rules of Origin criteria
de minimis rule, which allows for a specified maximum
percentage of non-originating materials to be used with- The ROO raise a set of problems, for instance:
out affecting origin. The roll-up or absorption principle
allows materials that have acquired origin by meeting The complexity and voluminous nature of ROO problems.
specific processing requirements to be considered origi- ROO criteria are complex, and as a result, are difficult
nating when used as input in a subsequent transforma- and time consuming for one human being to understand
tion and the type of cumulation, which allows and verify for correctness. ROO often account for large
4
The World Customs Organization (WCO) defines the ‘‘Harmonized
Commodity Description and Coding System’’ or ‘‘Harmonized System’’ as
3
The generalized system of preferences (GSP) is a preferential tariff the nomenclature comprising the headings and subheadings and their
system extended by developed countries (also known as preference giving related numerical codes, the section, chapter and subheading notes and the
countries or donor countries) to developing countries. general rules for the interpretation of the Harmonized System [11].
130 W. Varavithya, V. Esichaikul / Electronic Commerce Research and Applications 6 (2007) 128–138
chunks of FTAs and can be very contentious. For exam- edge-based systems is the most important function of
ple, the ROO part of Thai-Australian FTA, Thai– the model where an applicant’s data is inputted through
Indian FTA, and Thai-ASEAN FTA contain more than the Website will be processed to determine the facts of
9900 rules in total. the case. The verification process is fully explained in
‘‘Spaghetti bowl effect’’ problem. The ROO criteria are Section 7.2.
defined in each FTA and often contain different knowl- ROO knowledge-based systems work as a repository for
edge formulations, producing varied outcomes on the the ROO knowledge for capturing, storing, and reason-
same product. The number and disparities of ROO ing purposes. The correctness and completeness of the
across various FTAs are called the spaghetti bowl effect rules are vital to the citizen’s confidence in government
[10]. The overlapping and inconsistency of the ROO services. The authority has the responsibility of manag-
cause confusion to both the government and exporters. ing the accuracy of the ROO knowledge representations
High administrative cost problem. The complicated and contained in the knowledge base.
difficult to understand ROO have undeniably made inter- Human intervention facility is used mainly by an authority
national trade more costly and complex [12]. The admin- who needs to exercise judgment and discretion as speci-
istrative costs of ROO arise from the procedures required fied by the ROO criteria, namely technical requirements.
for ascertaining compliance with the requirements of the Explanation facility is where e-government services pro-
ROO regime, especially the costs for ROO verifications vide explanations and reasons as to why the service’s
of complex and divergent ROO regimes [8]. outcomes are accepted or rejected.
The problem of vagueness in the ROO. The ROO provide XML Rules of Origin support e-government interopera-
guidelines for evaluating the final product and the bility by disseminating rules through a one-stop e-gov-
domestic inputs, which can be generally vague and ernment portal using XML technologies.
ambiguous leading to potential manipulation and vary-
ing interpretation on the part of authorities. Hence,
authorities and exporters have wide discretion in apply- 3. The frame-based ontology of law and the composite act
ing the ROO [8]. frame technique
Interoperate with
XML Rules of
Disseminate Transform
Origin
One Stop
E-Government Portal
Rules of Origin
E-Government
Interact Verify Knowledge-based Manage
Website
Systems
Send
Explain results results Specify rules
Business
Decision
Send Human making
Explanation Facility
results Intervention Facility
Authority
Norm Frame
Norm identifier Concept Frame
Promulgation Promulgation
Act identifier: Composite Act Frame
Use FOL connective:
Conjunction, Disjunction
Fig. 3. Relationship between the norm frame, the concept frame, and the composite act frames.
Table 4
The sample of a ‘‘regional value content’’ concept frame
6 InRangeOf
Element Descriptions
Concept Regional value content
Type Mathematics
{Rvc(*##%*)PArvc (*##%*)}
Act identifier @CTOC (*Chapter (t)*)
@RGVC (*P*,*Arvc(*##*)*)
@CTOS (*SubHeading (t)*)
(t)j*)
(t)j*)
with ROO ‘‘Change to heading 6205 from any other
chapter, provided that the good is both cut and sewn or
(6) Regional content value not less than ‘##’ % of FOB value of the good.
otherwise assembled in the territory of one or both of
the parties and there is a regional value content of not less
(3) Change to (Heading, Subheading) from (Heading, Subheading).
than 55%’’.
(2) Change to (Chapter, Heading, Subheading) from any other
Norm Frame
Norm identifier 620500
Norm Frame
Norm identifier 848220
{(@CTOS(*848220*) ∧ @CTSR(*848210*,*848280*) ∧
Act idengifier
TECH(*848299*)) ∨ (TECH(*848299*) ∧ @RGVC(*≥*,*45*))}
Table 9
Number of single act frame (SAF) and a composite act frame (CAF) from different agreements
Act identifier Australia India ASEAN EU
SAF CAF SAF CAF SAF CAF SAF CAF
@WHOL () – – 12 – – – 100 –
@ CTOC () 196 185 – – – – 1 14
@ CTOH () 623 455 – 51 – – 323 361
@ CTOS () 1158 367 – 17 – – – –
@ CFTH () – 18 – – – – 8 5
@ CFTS () – 100 – – – – – –
@ CFHR () – 1 – – – – – 1
@ CFSR () – 14 – – – – – –
@ CTHR () – 50 – – – – 3 1
@ CTSR () – 121 – – – – – –
@ RGVC () 1 442 4 68 6523 – 128 381
@ TECH () 38 151 – – – – 322 85
N/A – – – 190
Table 10
Extended act frame knowledge representations
Knowledge formulation patterns Act identifier element Manner elements
(1) Import value content of material under the H.S. does @EXEP (*Heading m(t)*, {Ivc (m(t)(*##%*) P Aexp
not exceed *##* % of the ex-works price of the product Aexp (*##*)) (*##%*)}
(2) The value of all the non-originating materials used does @NOGO (*0*) {Rvc (*##%*) P Ivc
not exceed the value of all the originating materials used. (*##%*)}
*Aexp () = Agreement ex-works price of the product in percentage.
and verification processes. Businesses may apply the ROO. However, as the FTAs in international trade are
semantic matching technique [30] as a key component to expected to multiply in the future, a new kind of ROO cri-
tailor ROO forms to the specific needs of business applica- teria will certainly emerge. As such, the dissimilarity and
tions and platforms. With the business semantic applica- reusability of ROO knowledge warrant further studies in
tions, the format of the trade’s related documents and the the future.
ROO information are automatically generated and pre- In conclusion, this paper demonstrates the implications
sented as required by each FTA. of the composite act frame technique and legal frame-based
ontology in the design of ROO knowledge representations
8.4. Rules of Origin knowledge management and effective e-government services. Nevertheless, the com-
posite act frame technique proposed in this paper can be
As its technical nature makes the ROO difficult and the extended as a solution to other non-law areas of e-govern-
variations of its standards across FTAs have made it more ment. For example, for e-government citizen services that
perplexing to exporters, the government must encourage require integrated functions from various agencies in a
citizens to access and utilize ROO knowledge effectively seamless manner, the composite act frame can be general-
in order to maximize the benefits from FTAs. With effec- ized in the design of citizen assistance by defining a partic-
tive ROO knowledge management, businesses are ular service as an act identifier element in the act frame and
expected to collect and retain ROO knowledge in order constructing a logical composite services (‘‘act identifier ele-
to plan and produce products based on the applicable ment’’) in the norm frame based on a citizen’s individual-
138 W. Varavithya, V. Esichaikul / Electronic Commerce Research and Applications 6 (2007) 128–138
ized situation. General citizen situations and government Workshop on Knowledge Acquisition, Modeling and Management
services can be defined in the concept frame. Lastly, we Voyager Inn, Canada, 1999.
[15] G. Lame, Constructing an IR-oriented legal ontology, in: Proceedings
must reiterate that the implications of knowledge from of Second International Workshop on LEGAL ONTOLOGIES
AI and legal domains in e-government still remain a huge JURIX 2001: the 14th Annual International Conference on Legal
opportunity for researchers to explore, not only to support Knowledge and Information Systems, 2001, pp. 31–36.
decision-makers in a single public agency but also to pro- [16] P. Visser, T. Bench-Capon, The formal specification of a legal
mote an integrated e-government and good governance ontology, in: Proceedings of JURIX’96 Legal Knowledge Based
Systems: Foundations of legal knowledge systems, 1996, pp. 15–24.
to society as a whole. [17] L.T. McCarty, A language for legal discourse, I. basic features, in:
Proceedings of the Second International Conference on Artificial
Intelligence and Law, ACM, Vancouver, Canada, 1989, pp. 180–189.
References [18] R.K. Stamper, Signs, information, norms and systems, in: B.
Holmqvist, P.B. Anderson (Eds.), Signs at Work: Semiotics and
[1] Association of Southeast Asian Nations, ASEAN Free Trade Area, Information Processing in Organisation, De Bruyter, Berlin, Ger-
2005. www.aseansec.org/12025.htm (last accessed October 30, 2006). many, 1996, pp. 349–397.
[2] Australian government, Trade Policy, 2005. www.dfat.gov.au/trade/ [19] A. Valente, J. Breuker, B. Brouwer, Legal modeling and automated
(last accessed October 30, 2006). reasoning with ON-LINE, International Journal of Human-Com-
[3] India Thai Chamber of Commerce, Thai–India Free Trade Agree- puter Studies (51) (1999) 1079–1125.
ment, 2005. www.itcc.or.th/default.asp (last accessed October 30, [20] J.E. Munro, Discrete Mathematics for Computing, Chapman & Hall,
2006). 1992.
[4] Thai government, Free Trade Agreement, 2005. www.thaifta.com [21] A. Gomez-Perez, Some ideas and examples to evaluate ontologies, in:
(last accessed October 30, 2006). Proceedings of Artificial Intelligence for Applications, 11th Confer-
[5] Agreement on Rules of Origin, Uruguay Round Agreement, 2006. ence, 1995, pp. 299–305.
www.wto.org/English/docs_e/legal_e/22-roo_e.htm (last accessed [22] European Union, Generalised System of Preferences, 2005. euro-
October 30, 2006). pa.eu.int/comm/trade/issues/global/gsp/pr211205_en.htm (last
[6] J.H.H. Weiler, S. Cho, International and regional trade law: the law accessed October 30, 2006).
of the World Trade Organization, NYU School of Law, 2004. [23] The Rules of Origin verification services, Ministry of Commerce,
[7] R. Baldwin, Non-tariff Distortions in International Trade, Brookings Thailand, 2005. 61.19.224.73/home/main_homefirst.aspx (last
Institution, Washington DC, 1970. accessed October 30, 2006).
[8] A. Estevadeordal, K. Suominen, Measuring Rules of Origin in the [24] E. Gamma, R. Helm, R. Johnson, J. Vlissides, Design Patterns and
World Trading system and proposals for multilateral harmonization, Elements of Reusable Object-oriented Software, Addison-Wesley,
in: APEC Capacity-Building Workshop on Quantitative Methods for Boston, MA, 1995.
Assessing NTMs and Trade Facilitation, 2003. [25] P.R.S. Visser, T.J.M Bench-Capon, A comparison of two legal
[9] R.W. van Kralingen, P.R.S. Visser, T.J.M. Bench-Capon, H.J.V.D. ontologies, in: Proceedings of the 1st Workshop on Ontologies in
Herik, A principled approach to developing legal knowledge systems, Law, LEGONT-97, Melbourne, Australia, 1977, pp. 37–45.
International Journal of Human-Computer Studies (51) (1999) 1127– [26] T. Berners-Lee, J. Hendler, O. Lassila, The Semantic Web, Scientific
1154. American, 2001.
[10] L.J. Garay, P. De Lombaerde, Preferential rules of origin: models and [27] W. Hasseibring, H. Weigand, Languages for electronic business
levels of rulemaking, in: UNU-CRIS/LSE Workshop on The Inter- communication: state of the art, Industrial Management and Data
action between Levels of Rulemaking in International Trade and Systems 101 (5) (2001) 217–226.
Investment, 2004. [28] G. Antoniou, F. van Harmelen, A Semantic Web Primer, Massachu-
[11] The World Customs Organization, Harmonized System, 2006. setts Institute of Technology, Cambridge, MA, 2004.
www.wcoomd.org/ (last accessed October 30, 2006). [29] G. Papamarkos, A. Poulovassilis, P.T. Wood, An event-condition-
[12] World Trade Organization, The changing landscape of RTAs, in: action language for XML, in: Proceedings of the WWW 2002
Seminar on RTA and the WTO, WTO Secretariat, Geneva, 2003. Conference, Hawaii, 2002, pp. 486–495.
[13] T. Gruber, A translation approach to portable ontologies, Knowledge [30] F. Giunchiglia, M. Yatskevich, E. Giunchiglia, Efficient semantic
Acquisition 5 (2) (1993) 199–220. matching, in: Proceedings of The Semantic Web: Research and
[14] R. Jasper, M. Uschold, A framework for understanding and Applications: Second European Semantic Web Conference, ESWC
classifying ontology applications, in: Proceedings of the Twelfth 2005, Greece, 2005, pp. 272–289.