RELEASE AND CLEARANCE OF GOODS. 1 Pre-arrival Processing
RELEASE AND CLEARANCE OF GOODS. This article includes provisions calling for: • pre-arrival processing (binding); • use of electronic payment (best endeavors); • procedures allowing for separation of release of goods from final determination of payment liability (binding); • adoption and use of risk management systems for clearance control (best endeavors); adoption/use of post-clearance audits (binding); • measurement and publication of average release times (best endeavors); • providing at least three of seven possible types of additional facilitation measures for “authorized operators” – with eligibility to be determined on the basis of satisfying published criteria relating to risk and track record of compliance (binding); • putting in place procedures allowing for expedited release of air cargo shipments and specifying the types of criteria that may be used to condition eligibility for expedited release (binding); and • requirements pertaining to the release of perishable goods (binding).
RELEASE AND CLEARANCE OF GOODS. 7.1 Pre-arrival Processing
RELEASE AND CLEARANCE OF GOODS. 7.1. Pre-arrival Processing Traders shall be permitted to submit the import documentation and other information required for release of imported goods, in electronic format where appropriate, prior to arrival of the goods in order to expedite release. • Complex/costly import/export processes • Focus on sectors that are most likely to impact WOBs and SMEs. Determine such sectors through desk research, data requests from local partners, consultations 7.2. Electronic Payment To the extent practicable, Members should allow electronic payment of duties, taxes, fees and charges. 7.3. Separation of Release from Final Determination of Customs Duties, Taxes, Fees and Charges Members shall allow importers to obtain release of their goods, under a guarantee, if required, prior to the final determination and payment of customs duties, taxes, fees and charges where the final determination is not done prior to, upon arrival or as rapidly as possible after arrival. 7.4. Risk Management Members shall apply risk management to customs control in connection with import, export and transit of goods. 7.5. Post-clearance Audit Members must use post-clearance audi “with a view to expediting the release of goods” and, wherever practicable, to inform risk management. 7.6. Establishment and Publication of Average Release Times Members are encouraged to publish average release time information and share experiences with the Committee. • Access to information • Make this information available in a user-friendly and easily accessible way. Consult with WOBs to understand what platform is easiest for them to gain this information 7.7. Trade Facilitation Measures for Authorised Operators Members shall provide certain additional trade facilitation benefits to “authorised operators”. • Access to information and access to finance may prevent WOBs from becoming AEOs • Access to trustworthy and regulated service providers (so as to reduce harassment/discrimination constraints) • Consult with WOBs to understand what are the barriers to becoming AEOs and assess whether project activities can address these constraints
RELEASE AND CLEARANCE OF GOODS. Article 7 of the TFA requires WTO members: • to begin the processing of goods prior to arrival at the importing country (Article 7.1); • to allow for e-payments of duties, taxes, fees and charges
RELEASE AND CLEARANCE OF GOODS. Release and clearance of goods is perhaps the most visible aspect of moving goods across borders. Businesses, especially smaller ones, routinely complain of the inefficiency of “Customs” in moving goods, costing them time and money. It should be recognized that Customs is not the only border agency, but as the face of goods clearance, work on Customs procedures is fundamental in at least two ways: (i) with better Customs operations comes less friction; and (ii) more efficient Customs means more time for other interventions. The TFA aims to improve the border-crossing process through Articles 7 (Release and Clearance of Goods) and 10 (Formalities Connected with Importation and Exportation and Transit).
RELEASE AND CLEARANCE OF GOODS. 7.1 Pre-arrival processing 7 3 1 7.4 Risk management 9 1 1
RELEASE AND CLEARANCE OF GOODS. 1 Pre-arrival Processing 2 Electronic Payment 3 Separation of Release from Final Determination of Customs Duties,Taxes, Fees and Charges 4 Risk Management 5 Post-clearance Audit 6 Establishment and Publication of Average Release Times 7 Trade Facilitation Measures for Authorized Operators 8 Expedited Shipments 9 Perishable Goods SECTION I
RELEASE AND CLEARANCE OF GOODS. ⚫ Members are encouraged to measure and publish their average release time of goods periodically and in a consistent manner, using tools such as, inter alia, the Time Release Study of the World Customs Organizations Order of the Ministry of Economy of the Kyrgyz Republic № 21 dated 14.04.2017 ⚫ Development of a uniform government approach to improve interaction among government agencies at the border, at terminals; ⚫ Provide proposals and recommendations to reduce the time for goods and cargo control moved across the border or to customs clearance areas; ⚫ Enhance efficiency of government control at the border and at terminals to implement the TRS tool at the border; ⚫ Develop a plan and monitor its implementation Earlier, the Office of the German Agency for International Cooperation (GIZ) in the Kyrgyz Republic conducted: ⚫ Monitoring at BCP Kyzyl-Bel on November 9-14, 2015; a training for representatives of customs and other government agencies;
RELEASE AND CLEARANCE OF GOODS. 7.1 Pre-arrival Processing The objective of this article is to allow that traders submit all necessary documentation for clearance before the arrival of the goods, where appropriate in electronic format, in order to accelerate the process at the border. Current Situation The submission of documentation for customs procedures before the arrival of goods, through the SEW, is mandatory. This includes any licence or other necessary document.
