Customs legislation and procedures. 1. The EC Party and the Signatory CARIFORUM States agree that their respective trade and customs legislation, provisions and procedures shall draw upon international instruments and standards applicable in the field of customs and trade, including the substantive elements of the revised Kyoto Convention on the simplification and harmonisation of customs procedures, the WCO Framework of Standards to Secure and Facilitate Global Trade, the WCO data set and the HS Convention.
2. The EC Party and the Signatory CARIFORUM States agree that their respective trade and customs legislation, provisions and procedures shall be based upon:
(a) the need to protect and facilitate trade through enforcement of and compliance with legislative requirements and the need to provide for additional facilitation for traders with a high level of compliance;
(b) the need to ensure that requirements for economic operators are reasonable, non-discriminatory, safeguard against fraud and do not lead to the application of excessive penalties for minor breaches of customs regulations or procedural requirements;
(c) the need to apply a single administrative document or electronic equivalent in the EC Party and in the CARIFORUM, respectively. CARIFORUM States shall continue efforts to this end, with a view to implementation at an early stage after the entry into force of this Agreement. A joint review of the situation shall be carried out 3 years after the entry into force of the Agreement;
(d) the need to apply modern customs techniques, including risk assessment, simplified procedures at import and export, post release controls and objective procedures for authorised traders. Procedures should be transparent, efficient and simplified, in order to reduce costs and increase predictability for economic operators;
(e) the need for non-discrimination in terms of requirements and procedures applicable to import, export and goods in transit, though it is accepted that consignments might be treated differently according to objective risk assessment criteria;
(f) the need for transparency. To this end, the Parties and the Signatory CARIFORUM States agree to put in place a system of binding rulings on customs matters, notably on tariff classification and rules of origin, in accordance with rules laid down in their respective legislation;
(g) the need for the progressive development of systems, including those based upon Information Technology, to facilitate the electronic exchange of data among tr...
Customs legislation and procedures. 1. The Parties agree that their respective trade and customs legislation, provisions and procedures shall be based upon the international instruments and standards applicable in the field of customs and trade, including the substantive elements of the revised Kyoto Convention on the simplification and harmonisation of customs procedures, the WCO Framework of Standards to Secure and Facilitate Global Trade, the WCO data set and the Harmonised Commodity Description and Coding System ("HS Convention"). The Parties shall ensure freedom of transit through their territory via the route most convenient for transit. Any restrictions, controls or requirements must pursue a legitimate public policy objective, be non-discriminatory be proportionate and be applied uniformly. Without prejudice to legitimate customs control and supervision of goods in transit, the Parties shall accord to traffic in transit to or from the territory of any Party, treatment not less favourable than that accorded to domestic goods, exports and imports, and their movement. The Parties shall operate bonded transport regimes that allow the transit of goods without payment of customs duties or other charges subject to the provision of an appropriate guarantee. The Parties shall promote and implement regional transit arrangements with a view to reducing trade barriers. The Parties shall draw upon and use international standards and instruments relevant to transit. The Parties shall ensure co-operation and co-ordination between all concerned authorities and agencies in their territory to facilitate traffic in transit and promote co-operation across borders.
2. In order to improve working methods, as well as to ensure non-discrimination, transparency, efficiency, integrity and accountability of operations, the Parties shall:
(a) take further steps towards the reduction, simplification and standardisation of data and documentation required by customs and other agencies;
(b) simplify requirements and formalities wherever possible, in respect of the rapid release and clearance of goods;
(c) provide effective, prompt and non-discriminatory procedures enabling the right of appeal, against customs and other agency administrative actions, rulings and decisions affecting imports, exports or goods in transit. Procedures for appeal shall be easily accessible, including to small or medium enterprises and any costs shall be reasonable and commensurate with costs in providing for appeals;
(d) ensure that the h...
Customs legislation and procedures. 1. The Parties shall base their respective customs legislation and procedures on international instruments and standards applicable in the area of customs and trade, including the substantive elements of the International Convention on the Simplification and Harmonisation of Customs Procedures, as amended (Revised Kyoto Convention), done at Brussels on 26 June 1999, the International Convention on the Harmonized Commodity Description and Coding System (hereinafter referred to as "HS Convention"), the Framework of Standards to Secure and Facilitate Global Trade and the Customs Data Model of the WCO.
2. The customs legislation and procedures of the Parties shall:
(a) aim at the protection of legitimate trade through effective enforcement and compliance with legislative requirements;
(b) avoid unnecessary or discriminatory burdens on economic operators, and provide for further facilitation for operators with high levels of compliance; and
(c) ensure safeguards against fraud and illicit or damaging activities.
3. The Parties agree that their respective customs legislation and procedures, including remedies, shall be proportionate and non-discriminatory and that their application shall not unduly delay the release of goods.
4. In order to improve working methods, as well as to ensure non-discrimination, transparency, efficiency, integrity and accountability of operations, the Parties shall:
(a) simplify and review requirements and formalities, wherever possible, with respect to the rapid release and clearance of goods; and
(b) work towards further simplification and standardisation of data and documentation required by customs or other agencies.
Customs legislation and procedures. 1. The Parties agree that their respective trade and customs legislation and procedures shall draw upon international instruments and standards applicable in the field of customs and trade, including the substantive elements of the Revised Kyoto Convention on the Simplification and Harmonisation of Customs Procedures done at Brussels on 26 June 1999, the substantive elements of the WCO Framework of Standards to Secure and Facilitate Global Trade, the WCO data set and the HS Convention.
2. The Parties agree that their respective trade and customs legislation and procedures shall be based upon:
(a) the need to protect and facilitate legitimate trade through effective enforcement of, and compliance with, the requirements set out in the customs legislation;
(b) the need to avoid unnecessary and discriminatory burdens on economic operators, to protect against fraud and corruption, and to provide further facilitation for operators that meet high levels of compliance with customs legislation and procedures;
(c) the need to use a single administrative document or electronic equivalent, for the purposes of establishing customs declarations in the EU and in the EAC Partner State(s), respectively;
(d) modern customs techniques, including risk assessment, simplified procedures for entry and release of goods, post release controls, and audits;
(e) the progressive development of systems, including those based upon information technology, for export import and transit operations, to facilitate the exchange of information between economic operators, customs administrations and other agencies;
(f) the principle that penalties imposed for minor breaches of customs regulations or procedural requirements are proportionate and do not give rise to undue delays in their application in customs clearance;
(g) a system of binding rulings on customs matters, in particular on tariff classification and rules of origin, in accordance with the rules laid down in regional and/or national legislation;
(h) the need to apply fees and charges that are commensurate with the service provided in relation to any specific transaction, and not be calculated on an ad valorem basis. Fees and charges shall not be imposed on consular services in respect of trade in goods;
(i) the elimination of any requirement for the mandatory use of pre-shipment inspections as defined by the WTO Agreement on Pre-shipment Inspection, or any equivalent requirement;
(j) the elimination of all requirements for the manda...
Customs legislation and procedures. 1. The Parties shall do everything in their power to ensure that their respective trade and customs laws, provisions and procedures are based on the international instruments and standards in force in customs and trade areas, including the essential elements of the International Convention on the Simplification and Harmonization of Customs Procedures, concluded at Kyoto on 18 May 1973, and revised in Brussels on 26 June 1999, the WCO Framework of Standards to Secure and Facilitate Global Trade, the WCO data model and the International Convention on the Harmonized Commodity Description and Coding System of 1983.
2. In order to improve working methods and ensure respect for the principles of non- discrimination, transparency, efficiency, integrity and accountability of operations, the Parties shall:
(a) take the measures necessary to reduce, simplify and standardise the data and documents required by customs and other related bodies;
(b) simplify customs requirements and formalities wherever possible, in respect of the rapid release and clearance of goods;
(c) provide effective, prompt and non-discriminatory procedures enabling the right of appeal, against customs and other agency administrative actions, rulings and decisions affecting imports, exports or goods in transit. Procedures for appeal shall be easily accessible, including to small or medium enterprises and any costs shall be reasonable and commensurate with the costs in providing for appeals;
(d) ensure the maintenance of ethical standards through the application of measures reflecting the principles of the relevant international conventions and instruments in this area, in particular the revised Arusha Declaration of 2003.
Customs legislation and procedures. 1. The Parties shall do everything in their power to ensure that their respective trade and customs laws, provisions and procedures are based on:
a) the international instruments and standards in force in customs and trade areas, including the essential elements of the International Convention on the Simplification and Harmonisation of Customs Procedures (revised Kyoto Convention), the World Customs Organisation (WCO) Framework of Standards to Secure and Facilitate Global Trade, the WCO Customs Data Model and the International Convention on the Harmonised Commodity Description and Coding System (HS);
b) the use of a single administrative document or electronic equivalent in order to make import and export customs declarations;
c) regulations to avoid unnecessary and discriminatory measures for economic operations, protect against fraud and provide additional facilities for operators displaying a high level of compliance with customs legislation;
d) the use of modern customs techniques, including risk assessment, simplified procedures for the entry and release of goods, post release controls and enterprise audit methods;
e) the progressive development of systems, including those based upon Information Technology, to facilitate the electronic exchange of data between economic operators, customs administrations and other related agencies;
f) a system of binding customs information, in particular regarding tariff classification and rules of origin in conformity with the rules provided for in the legislation of each Party, in so far as the customs services have all the information they consider necessary;
g) rules relating to penalties for infringements of customs regulations or procedural requirements that are proportionate and non-discriminatory and the application of which will not give rise to undue delay;
h) transparent, non-discriminatory and proportionate rules in respect of the licensing of customs agents. The Parties recognise the interest in the future elimination of any obligation to use the services of customs agents. The Parties shall xxxxxx this question within the Special Customs and Facilitation of Trade Committee;
i) observance of the provisions of the WTO Agreement on Preshipment Inspection. The Parties recognise the interest in the future elimination of all requirements for the performance of compulsory inspections prior to the dispatch of goods or on reaching their destination. The Parties shall xxxxxx this question within the Special Custom...
