Common use of Customs legislation and procedures Clause in Contracts

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 traders, customs administrations and related agencies; (h) the need to facilitate transit movements; (i) transparent and non-discriminatory rules in respect of the licensing of customs brokers, as well as on the non-requirement for the mandatory use of independent customs brokers; (j) the need to avoid the mandatory use of pre-shipment inspections or their equivalent, without prejudice to their rights and obligations pursuant to the WTO Agreement on Pre-Shipment Inspections. The Parties shall discuss the matter within the CARIFORUM-EC Trade and Development Committee and may subsequently agree to renounce the possibility of using mandatory pre-shipment inspections or their equivalent. 3. In order to improve working methods, as well as to ensure non-discrimination, transparency, efficiency, integrity and accountability of operations, the EC Party and the Signatory CARIFORUM States shall: (a) take further steps towards the reduction, simplification and standardisation of data and documentation; (b) simplify requirements and formalities wherever possible, in respect of the rapid release and clearance of goods; (c) provide effective, prompt, non-discriminatory and easily accessible procedures enabling the right of appeal against customs administrative actions, rulings and decisions affecting imports, exports or goods in transit. Any charges shall be commensurate with the cost of the appeal procedures; and (d) ensure that the highest standards of integrity be maintained, through the application of measures reflecting the principles of the relevant international conventions and instruments in this field.

Appears in 9 contracts

Samples: Economic Partnership Agreement, Economic Partnership Agreement, Economic Partnership Agreement

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Customs legislation and procedures. 1. The EC Party and the Signatory CARIFORUM States Parties agree that their respective trade and customs legislation, provisions legislation and procedures shall draw upon international instruments to the extent possible be based on: (a) the Revised Kyoto Convention on the Simplification and standards applicable in the field Harmonization of customs and tradeCustoms Procedures of 1999, 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 International Convention on the Harmonised System and other international instruments and standards applicable in the HS Convention. 2. The EC Party field of customs 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 compliancetrade; (b) the need to ensure that requirements for economic operators are reasonable, non-discriminatory, safeguard against fraud protect and do not lead to the application of excessive penalties for minor breaches of customs regulations or procedural requirementsfacilitate legitimate trade; (c) the need to avoid unnecessary and discriminatory burdens on economic operators, the need to safeguard against fraud and corruption and the need to provide further facilitation for operators that meet high level of compliance; (d) the need for each Party 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 Agreementequivalent; (de) the need to apply application of modern customs techniques, including risk assessment, simplified procedures at import for entry and exportrelease of goods, post release controls controls, and objective procedures for authorised traders. Procedures should be transparentcompany audits; (f) transparency, efficient efficiency and simplifiedproportionality, in order to reduce costs and increase predictability for economic operators; (eg) 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; (fh) the need progressive development of systems, including those based upon information technology, for transparency. To this endboth export and import operations, to facilitate the Parties exchange of information between economic operators, customs administrations and other agencies; (i) the Signatory CARIFORUM States agree adoption of systems that facilitate the importation of goods through the use of simplified customs procedures and processes, including pre-arrival clearance; (j) the elimination of any requirements for the mandatory use of pre-shipment inspections as defined by the WTO Agreement on Preshipment Inspection, or their equivalent; (k) the application of rules that ensure that any penalties imposed for minor breaches of customs regulations or procedural requirements are proportionate and, in their application, do not give rise to put undue delays in place customs clearance; (l) a system of binding rulings on customs matters, notably in particular on tariff classification and rules of origin, in accordance with rules laid down in their respective legislation; (gm) the need for the progressive development facilitation of systems, including those based upon Information Technology, to facilitate the electronic exchange of data among traders, customs administrations and related agencies; (h) the need to facilitate transit movements; (in) transparent and the elimination of all requirements for the mandatory use of customs brokers; and (o) transparent, non-discriminatory and proportionate rules in respect of the licensing of customs brokers, as well as on the non-requirement for the mandatory use of independent customs brokers; (j) the need to avoid the mandatory use of pre-shipment inspections or their equivalent, without prejudice to their rights and obligations pursuant to the WTO Agreement on Pre-Shipment Inspections. The Parties shall discuss the matter within the CARIFORUM-EC Trade and Development Committee and may subsequently agree to renounce the possibility of using mandatory pre-shipment inspections or their equivalent. 32. In order to improve working methods, as well as methods and to ensure non-discrimination, transparency, efficiency, integrity transparency and accountability efficiency of customs operations, the EC Party and the Signatory CARIFORUM States Parties shall: (a) ensure that the highest standards of integrity be maintained, through the application of anti-corruption measures in this field; (b) take further steps towards the reduction, simplification and standardisation standardization of data in the documentation required by customs and documentationother related agencies; (bc) simplify requirements and formalities wherever possible, in respect of the rapid release and clearance of goods; (cd) provide effective, prompt, prompt and non-discriminatory and easily accessible procedures enabling the right of appeal appeal, against customs and other agency administrative actions, rulings and decisions affecting imports, exports or goods in transit. Any charges Procedures for appeal shall be commensurate with the cost of the appeal procedureseasily accessible, including to small or medium enterprises; and (de) ensure that create an environment for the highest standards effective enforcement of integrity be maintained, through the application of measures reflecting the principles of the relevant international conventions and instruments in this fieldlegislative requirements.

Appears in 8 contracts

Samples: Economic Partnership Agreement, Economic Partnership Agreement, Economic Partnership Agreement

Customs legislation and procedures. 1. The EC Party and the Signatory CARIFORUM States agree Parties shall do everything in their power to ensure that their respective trade and customs legislationlaws, provisions and procedures shall draw upon are based on: (a) the international instruments and standards applicable in the field of force in customs and tradetrade areas, including the substantive essential elements of the revised Kyoto International Convention on the simplification Simplification and harmonisation Harmonisation of customs proceduresCustoms Procedures of 1973 (revised Kyoto Convention), the WCO Framework of Standards to Secure and Facilitate Global Trade, the WCO data set Customs Data Model and the HS Convention. 2. The EC Party International Convention on the Harmonised Commodity Description 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 Coding System of and compliance with legislative requirements and the need to provide for additional facilitation for traders with a high level of compliance1983; (b) the need use of a single administrative document or of an electronic equivalent in order to ensure that requirements for economic operators are reasonable, non-discriminatory, safeguard against fraud make import and do not lead to the application of excessive penalties for minor breaches of export customs regulations or procedural requirementsdeclarations; (c) the need regulations to apply avoid unnecessary and discriminatory measures for economic operations, protect against fraud and provide additional facilities for operators displaying a single administrative document or electronic equivalent in the EC Party and in the CARIFORUM, respectively. CARIFORUM States shall continue efforts to this end, high level of compliance 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 Agreementcustoms legislation; (d) the need to apply use of modern customs techniques, including risk assessment, simplified procedures at import for the entry and exportrelease of goods, 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 operatorsenterprise audit methods; (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 tradersbetween economic operators, customs administrations and other related agencies; (hf) a system of binding customs information, in particular regarding tariff classification and rules of origin in conformity with the need to facilitate transit movementsrules provided for in the legislation of each Party, in so far as the customs services have all the information they consider necessary; (ig) transparent 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 brokers, as well as on agents. The Parties recognise the non-requirement for interest in the mandatory future elimination of any obligation to use the services of independent customs brokers; (j) the need to avoid the mandatory use of pre-shipment inspections or their equivalent, without prejudice to their rights and obligations pursuant to the WTO Agreement on Pre-Shipment Inspectionsagents. The Parties shall discuss the matter xxxxxx this question within the CARIFORUM-EC Special Customs and Facilitation of Trade Committee; (i) observance of the provisions of the Agreement on Preshipment Inspection set out in Annex 1A to the WTO Agreement. 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 Customs and Development Committee and may subsequently agree to renounce the possibility Facilitation of using mandatory pre-shipment inspections or their equivalentTrade Committee. 32. In order to improve working methods, as well as to methods and ensure respect for the principles of non-discrimination, transparency, transparency and efficiency, integrity and accountability of operations, the EC Party and the Signatory CARIFORUM States Parties shall: (a) take further steps towards the reductionmeasures necessary to reduce, simplification simplify and standardisation of standardise the data and documentationdocuments 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 ensure effective, prompt, non-discriminatory and easily accessible procedures enabling the for applicants to secure a right of appeal against customs administrative actions, rulings actions and other decisions affecting imports, exports or goods in transit. Any charges shall be commensurate with the cost of the appeal procedures; and. (d) ensure that the highest maintenance of ethical standards of integrity be maintained, through the application of measures reflecting the principles of the relevant international conventions and instruments in this fieldarea, in particular the revised Arusha Declaration of 2003.

Appears in 3 contracts

Samples: Economic Partnership Agreement, Economic Partnership Agreement, Economic Partnership Agreement

Customs legislation and procedures. 1. The EC Party and the Signatory CARIFORUM States Parties agree that their respective trade and customs legislation, provisions legislation and procedures shall draw upon international instruments to the extent possible be based on: (a) the Revised Kyoto Convention on the Simplification and standards applicable in the field Harmonization of customs and tradeCustoms Procedures of 1999, 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 International Convention on the Harmonised System and other international instruments and standards applicable in the HS Convention. 2. The EC Party field of customs 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 compliancetrade; (b) the need to ensure that requirements for economic operators are reasonable, non-discriminatory, safeguard against fraud protect and do not lead to the application of excessive penalties for minor breaches of customs regulations or procedural requirementsfacilitate legitimate trade; (c) the need to avoid unnecessary and discriminatory burdens on economic operators, the need to safeguard against fraud and corruption and the need to provide further facilitation for operators that meet high level of compliance; (d) the need for each Party 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 Agreementequivalent; (de) the need to apply application of modern customs techniques, including risk assessment, simplified procedures at import for entry and exportrelease of goods, post release controls controls, and objective procedures for authorised traders. Procedures should be transparentcompany audits; (f) transparency, efficient efficiency and simplifiedproportionality, in order to reduce costs and increase predictability for economic operators; (eg) 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; (fh) the need progressive development of systems, including those based upon information technology, for transparency. To this endboth export and import operations, to facilitate the Parties exchange of information between economic operators, customs administrations and other agencies; (i) the Signatory CARIFORUM States agree adoption of systems that facilitate the importation of goods through the use of simplified customs procedures and processes, including pre-arrival clearance; (j) the elimination of any requirements for the mandatory use of pre- shipment inspections as defined by the WTO Agreement on Preshipment Inspection, or their equivalent; (k) the application of rules that ensure that any penalties imposed for minor breaches of customs regulations or procedural requirements are proportionate and, in their application, do not give rise to put undue delays in place customs clearance; (l) a system of binding rulings on customs matters, notably in particular on tariff classification and rules of origin, in accordance with rules laid down in their respective legislation; (gm) the need for the progressive development facilitation of systems, including those based upon Information Technology, to facilitate the electronic exchange of data among traders, customs administrations and related agencies; (h) the need to facilitate transit movements; (in) transparent and the elimination of all requirements for the mandatory use of customs brokers; and (o) transparent, non-discriminatory and proportionate rules in respect of the licensing of customs brokers, as well as on the non-requirement for the mandatory use of independent customs brokers; (j) the need to avoid the mandatory use of pre-shipment inspections or their equivalent, without prejudice to their rights and obligations pursuant to the WTO Agreement on Pre-Shipment Inspections. The Parties shall discuss the matter within the CARIFORUM-EC Trade and Development Committee and may subsequently agree to renounce the possibility of using mandatory pre-shipment inspections or their equivalent. 32. In order to improve working methods, as well as methods and to ensure non-discrimination, transparency, efficiency, integrity transparency and accountability efficiency of customs operations, the EC Party and the Signatory CARIFORUM States Parties shall: (a) ensure that the highest standards of integrity be maintained, through the application of anti-corruption measures in this field; (b) take further steps towards the reduction, simplification and standardisation of data in the documentation required by customs and documentationother related agencies; (bc) simplify requirements and formalities wherever possible, in respect of the rapid release and clearance of goods; (cd) provide effective, prompt, prompt and non-discriminatory and easily accessible procedures enabling the right of appeal appeal, against customs and other agency administrative actions, rulings and decisions affecting imports, exports or goods in transit. Any charges Procedures for appeal shall be commensurate with the cost of the appeal procedureseasily accessible, including to small or medium enterprises; and (de) ensure that create an environment for the highest standards effective enforcement of integrity be maintained, through the application of measures reflecting the principles of the relevant international conventions and instruments in this fieldlegislative requirements.

Appears in 3 contracts

Samples: Economic Partnership Agreement, Economic Partnership Agreement, Economic Partnership Agreement

Customs legislation and procedures. 1. The EC Party and the Signatory CARIFORUM States Parties agree that their respective trade and customs legislation, provisions 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 Simplification and harmonisation Harmonisation of customs proceduresCustoms Procedures, the substantive elements of the WCO Framework of Standards to Secure secure and Facilitate Global Trade, the WCO data set and the HS Convention. 2. The EC Party and the Signatory CARIFORUM States Parties agree that their respective trade and customs legislation, provisions legislation and procedures shall be based upon: (a) the need to protect and facilitate legitimate trade through effective enforcement of of, and compliance with legislative with, the requirements and set out in the need to provide for additional facilitation for traders with a high level of compliancecustoms legislation; (b) the need to ensure that requirements for avoid unnecessary and discriminatory burdens on economic operators are reasonableoperators, non-discriminatory, safeguard to protect against fraud and do not lead corruption, and to the application provide further facilitation for operators that meet high levels of excessive penalties for minor breaches of compliance with customs regulations or procedural requirementslegislation and procedures; (c) the need to apply use a single administrative document or electronic equivalent equivalent, for the purposes of establishing customs declarations in the EC Party EU and in the CARIFORUM, EAC Partner State(s) 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 for entry and exportrelease of goods, post release controls controls, and objective procedures for authorised traders. Procedures should be transparent, efficient and simplified, in order to reduce costs and increase predictability for economic operatorsaudits; (e) the need progressive development of systems, including those based upon information technology, for non-discrimination in terms export import and transit operations, to facilitate the exchange of requirements information between economic operators, customs administrations 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 criteriaother agencies; (f) the need principle that penalties imposed for transparency. To this end, the Parties minor breaches of customs regulations or procedural requirements are proportionate and the Signatory CARIFORUM States agree do not give rise to put undue delays in place their application in customs clearance; (g) a system of binding rulings on customs matters, notably in particular on tariff classification and rules of origin, in accordance with the rules laid down in their respective regional and/or national legislation; (g) the need for the progressive development of systems, including those based upon Information Technology, to facilitate the electronic exchange of data among traders, customs administrations and related agencies; (h) the need to facilitate transit movementsapply 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) transparent and non-discriminatory rules in respect the elimination of the licensing of customs brokers, as well as on the non-any requirement for the mandatory use of independent customs brokers; (j) the need to avoid the mandatory use of pre-shipment inspections or their equivalent, without prejudice to their rights and obligations pursuant to as defined by the WTO Agreement on Pre-Shipment Inspections. The Parties shall discuss the matter within the CARIFORUM-EC Trade and Development Committee and may subsequently agree to renounce the possibility of using mandatory pre-shipment inspections Inspection, or their equivalent; (j) the elimination of all requirements for the mandatory use of customs brokers, as well as transparent, non-discriminatory and proportionate rules for their licensing. 3. In order to improve working methods, as well as methods and to ensure non-discrimination, transparency, efficiency, integrity the transparency and accountability efficiency of customs operations, the EC Party and the Signatory CARIFORUM States Parties shall: (a) take further steps towards the reduction, simplification and standardisation of data documentation and documentation; (b) simplify requirements and trade formalities wherever possible, in respect of to enable the rapid release and clearance of goods; (cb) provide effective, prompt, prompt and non-discriminatory and easily accessible procedures enabling the right of appeal against customs and other agency administrative actions, rulings and decisions affecting imports, exports or goods in transit. Any charges Such procedures shall be commensurate with the cost of the appeal procedures; andeasily accessible to all enterprises; (dc) ensure that the highest standards of integrity be is maintained, through the application of measures reflecting the principles of the relevant international conventions and instruments in this fieldinstruments.

Appears in 2 contracts

Samples: Economic Partnership Agreement, Economic Partnership Agreement

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 three 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 traders, customs administrations and related agencies; (h) the need to facilitate transit movements; (i) transparent and non-discriminatory rules in respect of the licensing of customs brokers, as well as on the non-requirement for the mandatory use of independent customs brokers; (j) the need to avoid the mandatory use of pre-shipment inspections or their equivalent, without prejudice to their rights and obligations pursuant to the WTO Agreement on Pre-Shipment Inspections. The Parties shall discuss the matter within the CARIFORUM-EC Trade and Development Committee and may subsequently agree to renounce the possibility of using mandatory pre-shipment inspections or their equivalent., 3. In order to improve working methods, as well as to ensure non-non- discrimination, transparency, efficiency, integrity and accountability of operations, the EC Party and the Signatory CARIFORUM States shall: : (a) take further steps towards the reduction, simplification and standardisation of data and documentation; ; (b) simplify requirements and formalities wherever possible, in respect of the rapid release and clearance of goods; ; (c) provide effective, prompt, non-discriminatory and easily accessible procedures enabling the right of appeal against customs administrative actions, rulings and decisions affecting imports, exports or goods in transit. Any charges shall be commensurate with the cost of the appeal procedures; and and (d) ensure that the highest standards of integrity be maintained, through the application of measures reflecting the principles of the relevant international conventions and instruments in this field.

Appears in 1 contract

Samples: Economic Partnership Agreement

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 traders, customs administrations and related agencies; (h) the need to facilitate transit movements; (i) transparent and non-discriminatory rules in respect of the licensing of customs brokers, as well as on the non-requirement for the mandatory use of independent customs brokers; (j) the need to avoid the mandatory use of pre-shipment inspections or their equivalent, without prejudice to their rights and obligations pursuant to the WTO Agreement on Pre-Shipment Inspections. The Parties shall discuss the matter within the CARIFORUM-EC Trade and Development Committee and may subsequently agree to renounce the possibility of using mandatory pre-shipment inspections or their equivalent. 3. In order to improve working methods, as well as to ensure non-discrimination, transparency, efficiency, integrity and accountability of operations, the EC Party and the Signatory CARIFORUM States shall: (a) take further steps towards the reduction, simplification and standardisation of data and documentation; (b) simplify requirements and formalities wherever possible, in respect of the rapid release and clearance of goods; (c) provide effective, prompt, non-discriminatory and easily accessible procedures enabling the right of appeal against customs administrative actions, rulings and decisions affecting imports, exports or goods in transit. Any charges shall be commensurate with the cost of the appeal procedures; and (d) ensure that the highest standards of integrity be maintained, through the application of measures reflecting the principles of the relevant international conventions and instruments in this field.

Appears in 1 contract

Samples: Economic Partnership Agreement

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Customs legislation and procedures. 1. The EC Party and the Signatory CARIFORUM States Parties agree that their respective trade and customs legislation, provisions legislation and procedures shall draw upon international instruments and standards applicable in the field of customs and trade, trade including the substantive elements of the revised Kyoto Convention on the simplification Simplification and harmonisation Harmonisation of customs proceduresCustoms Procedures, the substantive elements of the WCO Framework of Standards to Secure secure and Facilitate Global Trade, the WCO data set and the HS Convention. 2. The EC Party and the Signatory CARIFORUM States Parties agree that their respective trade and customs legislation, provisions legislation and procedures shall be based upon: (a) the need to protect and facilitate legitimate trade through effective enforcement of of, and compliance with legislative the requirements and set out in the need to provide for additional facilitation for traders with a high level of compliancecustoms legislation; (b) the need to ensure that requirements for avoid unnecessary and discriminatory burdens on economic operators are reasonableoperators, non-discriminatory, safeguard to protect against fraud and do not lead corruption and to the application provide further facilitation for operators that meet high levels of excessive penalties for minor breaches of compliance with customs regulations or procedural requirementslegislation and procedures; (c) the need to apply use a single administrative document or electronic equivalent equivalent, for the purposes of establishing customs declarations in the EC Party EU and in the CARIFORUM, EAC Partner States 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 for entry and exportrelease of goods, post release controls controls, and objective procedures for authorised traders. Procedures should be transparent, efficient and simplified, in order to reduce costs and increase predictability for economic operatorsaudits; (e) the need progressive development of systems, including those based upon information technology, for non-discrimination in terms export import and transit operations, to facilitate the exchange of requirements information between economic operators, customs administrations 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 criteriaother agencies; (f) the need principle that penalties imposed for transparency. To this endminor breaches of customs regulations or procedural requirements are proportionate and, the Parties and the Signatory CARIFORUM States agree , do not give rise to put undue delays in place their application in customs clearance; (g) a system of binding rulings on customs matters, notably on tariff classification and rules of origin, in accordance with the 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 traders, customs administrations and related agenciesregional and/or national legislations; (h) the need to facilitate transit movementsapply 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) transparent and non-discriminatory rules in respect the elimination of the licensing of customs brokers, as well as on the non-any requirement for the mandatory use of independent customs brokers; (j) the need to avoid the mandatory use of pre-shipment inspections or their equivalent, without prejudice to their rights and obligations pursuant to as defined by the WTO Agreement on Pre-Shipment Inspections. The Parties shall discuss the matter within the CARIFORUM-EC Trade and Development Committee and may subsequently agree to renounce the possibility of using mandatory pre-shipment inspections Inspection, or their equivalent; (j) the elimination of all requirements for the mandatory use of customs brokers as well as transparent, non-discriminatory and proportionate rules for their licensing. 3. In order to improve working methods, as well as methods and to ensure non-discrimination, transparency, efficiency, integrity transparency and accountability efficiency of customs operations, the EC Party and the Signatory CARIFORUM States Parties shall: (a) take further steps towards the reduction, simplification and standardisation of data documentation and documentation; (b) simplify requirements and trade formalities wherever possible, in respect of to enable the rapid release and clearance of goods; (cb) provide effective, prompt, prompt and non-discriminatory and easily accessible procedures enabling the right of appeal against customs and other agency administrative actions, rulings and decisions affecting imports, exports or goods in transit. Any charges Such procedures shall be commensurate with the cost of the appeal procedures; andeasily accessible to all enterprises; (dc) ensure that the highest standards of integrity be is maintained, through the application of measures reflecting the principles of the relevant international conventions and instruments in this fieldinstruments.

Appears in 1 contract

Samples: Economic Partnership Agreement

Customs legislation and procedures. 1. The EC Party and the Signatory CARIFORUM States Parties agree that their respective trade and customs legislation, provisions legislation and procedures shall draw upon international instruments and standards applicable in the field of customs and trade, trade including the substantive elements of the revised Kyoto Convention on the simplification Simplification and harmonisation Harmonisation of customs proceduresCustoms Procedures, the substantive elements of the WCO Framework of Standards to Secure secure and Facilitate Global Trade, the WCO data set and the HS Convention. 2. The EC Party and the Signatory CARIFORUM States Parties agree that their respective trade and customs legislation, provisions legislation and procedures shall be based upon: (a) the need to protect and facilitate legitimate trade through effective enforcement of of, and compliance with legislative the requirements and set out in the need to provide for additional facilitation for traders with a high level of compliancecustoms legislation; (b) the need to ensure that requirements for avoid unnecessary and discriminatory burdens on economic operators are reasonableoperators, non-discriminatory, safeguard to protect against fraud and do not lead corruption and to the application provide further facilitation for operators that meet high levels of excessive penalties for minor breaches of compliance with customs regulations or procedural requirementslegislation and procedures; (c) the need to apply use a single administrative document or electronic equivalent equivalent, for the purposes of establishing customs declarations in the EC Party UK and in the CARIFORUM, EAC Partner State(s) 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 for entry and exportrelease of goods, post release controls controls, and objective procedures for authorised traders. Procedures should be transparent, efficient and simplified, in order to reduce costs and increase predictability for economic operatorsaudits; (e) the need progressive development of systems, including those based upon information technology, for non-discrimination in terms export import and transit operations, to facilitate the exchange of requirements information between economic operators, customs administrations 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 criteriaother agencies; (f) the need principle that penalties imposed for transparency. To this endminor breaches of customs regulations or procedural requirements are proportionate and, the Parties and the Signatory CARIFORUM States agree do not give rise to put undue delays in place their application in customs clearance; (g) a system of binding rulings on customs matters, notably on tariff classification and rules of origin, in accordance with the 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 traders, customs administrations and related agenciesregional and/or national legislations; (h) the need to facilitate transit movementsapply 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) transparent and non-discriminatory rules in respect the elimination of the licensing of customs brokers, as well as on the non-any requirement for the mandatory use of independent customs brokers;pre- shipment inspections as defined by the WTO Agreement on Pre- shipment Inspection, or their equivalent; and (j) the need to avoid elimination of all requirements for the mandatory use of precustoms brokers as well as transparent, non-shipment inspections or discriminatory and proportionate rules for their equivalent, without prejudice to their rights and obligations pursuant to the WTO Agreement on Pre-Shipment Inspections. The Parties shall discuss the matter within the CARIFORUM-EC Trade and Development Committee and may subsequently agree to renounce the possibility of using mandatory pre-shipment inspections or their equivalentlicensing. 3. In order to improve working methods, as well as methods and to ensure non-discrimination, transparency, efficiency, integrity transparency and accountability efficiency of customs operations, the EC Party and the Signatory CARIFORUM States Parties shall: (a) take further steps towards the reduction, simplification and standardisation of data documentation and documentation; (b) simplify requirements and trade formalities wherever possible, in respect of to enable the rapid release and clearance of goods; (cb) provide effective, prompt, prompt and non-discriminatory and easily accessible procedures enabling the right of appeal against customs and other agency administrative actions, rulings and decisions affecting imports, exports or goods in transit. Any charges Such procedures shall be commensurate with the cost of the appeal procedureseasily accessible to all enterprises; and (dc) ensure that the highest standards of integrity be is maintained, through the application of measures reflecting the principles of the relevant international conventions and instruments in this fieldinstruments.

Appears in 1 contract

Samples: Economic Partnership Agreement

Customs legislation and procedures. 1. The EC Party and the Signatory CARIFORUM States Parties agree that their respective trade and customs legislation, provisions 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 Simplification and harmonisation Harmonisation of customs proceduresCustoms Procedures, the substantive elements of the WCO Framework of Standards to Secure secure and Facilitate Global Trade, the WCO data set and the HS Convention. 2. The EC Party and the Signatory CARIFORUM States Parties agree that their respective trade and customs legislation, provisions legislation and procedures shall be based upon: (a) the need to protect and facilitate legitimate trade through effective enforcement of of, and compliance with legislative with, the requirements and set out in the need to provide for additional facilitation for traders with a high level of compliancecustoms legislation; (b) the need to ensure that requirements for avoid unnecessary and discriminatory burdens on economic operators are reasonableoperators, non-discriminatory, safeguard to protect against fraud and do not lead corruption, and to the application provide further facilitation for operators that meet high levels of excessive penalties for minor breaches of compliance with customs regulations or procedural requirementslegislation and procedures; (c) the need to apply use a single administrative document or electronic equivalent equivalent, for the purposes of establishing customs declarations in the EC Party EU and in the CARIFORUM, EAC Partner States 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 for entry and exportrelease of goods, post release controls controls, and objective procedures for authorised traders. Procedures should be transparent, efficient and simplified, in order to reduce costs and increase predictability for economic operatorsaudits; (e) the need progressive development of systems, including those based upon information technology, for non-discrimination in terms export import and transit operations, to facilitate the exchange of requirements information between economic operators, customs administrations 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 criteriaother agencies; (f) the need principle that penalties imposed for transparency. To this end, the Parties minor breaches of customs regulations or procedural requirements are proportionate and the Signatory CARIFORUM States agree do not give rise to put undue delays in place their application in customs clearance; (g) a system of binding rulings on customs matters, notably in particular on tariff classification and rules of origin, in accordance with the rules laid down in their respective regional and/or national legislation; (g) the need for the progressive development of systems, including those based upon Information Technology, to facilitate the electronic exchange of data among traders, customs administrations and related agencies; (h) the need to facilitate transit movementsapply 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) transparent and non-discriminatory rules in respect the elimination of the licensing of customs brokers, as well as on the non-any requirement for the mandatory use of independent customs brokers; (j) the need to avoid the mandatory use of pre-shipment inspections or their equivalent, without prejudice to their rights and obligations pursuant to as defined by the WTO Agreement on Pre-Shipment Inspections. The Parties shall discuss the matter within the CARIFORUM-EC Trade and Development Committee and may subsequently agree to renounce the possibility of using mandatory pre-shipment inspections Inspection, or their equivalent; (j) the elimination of all requirements for the mandatory use of customs brokers, as well as transparent, non-discriminatory and proportionate rules for their licensing. 3. In order to improve working methods, as well as methods and to ensure non-discrimination, transparency, efficiency, integrity the transparency and accountability efficiency of customs operations, the EC Party and the Signatory CARIFORUM States Parties shall: (a) take further steps towards the reduction, simplification and standardisation of data documentation and documentation; (b) simplify requirements and trade formalities wherever possible, in respect of to enable the rapid release and clearance of goods; (cb) provide effective, prompt, prompt and non-discriminatory and easily accessible procedures enabling the right of appeal against customs and other agency administrative actions, rulings and decisions affecting imports, exports or goods in transit. Any charges Such procedures shall be commensurate with the cost of the appeal procedures; andeasily accessible to all enterprises; (dc) ensure that the highest standards of integrity be is maintained, through the application of measures reflecting the principles of the relevant international conventions and instruments in this fieldinstruments.

Appears in 1 contract

Samples: Economic Partnership Agreement

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