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  • Overview

    The WTO TFA asks Members to provide traders and other interested parties with opportunities and an appropriate time period to comment on the introduction or amendment of laws and regulations. Members are also required to make new or amended laws and regulations available before their entry into force.

    Standard 1.3 of the General Annex to the Revised Kyoto Convention requires that formal consultative relationships be maintained with the trade. Standard 9.2 of the General Annex to the Revised Kyoto Convention requires that revised information be made available sufficiently in advance of the entry into force of the changes.

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    WTO TFA

    1.1. Each Member shall, to the extent practicable and in a manner consistent with its domestic law and legal system, provide opportunities and an appropriate time period to traders and other interested parties to comment on the proposed introduction or amendment of laws and regulations of general application related to the movement, release and clearance of goods, including goods in transit.

    1.2. Each Member shall, to the extent practicable, and in a manner consistent with its domestic law and legal system, ensure that new or amended laws and regulations of general application related to the movement, release and clearance of goods, including goods in transit are published, or information on them made otherwise publicly available, as early as possible before their entry into force, in order to enable traders and other interested parties to become acquainted with them.

    1.3. Changes to duty rates or tariff rates, measures that have a relieving effect, measures the effectiveness of which would be undermined as a result of compliance with paragraphs 1.1 or 1.2, measures applied in urgent circumstances, or minor changes to domestic law and legal system are each excluded from paragraphs 1.1 and 1.2.

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    Revised kyoto convention

    General Annex Chapter 1 (General Principles)

    To address the rapidly growing volume of international trade, active co-operation and intensive communication between Customs and the trade are essential to complement each other’s objectives and responsibilities. Since Customs are an important element in international trade procedures, it is important that Customs administrations make use of modern working methods to administer their operations and that they strive to facilitate trade to the maximum extent possible.
    In this regard, Standard 1.3 of the General Annex to the Revised Kyoto Convention requires that formal consultative relationships be maintained with the trade
    In this regard, Standard 1.3 of the General Annex to the Revised Kyoto Convention requires maintaining formal consultative relationships with the trade

    1.3. Standard

    The Customs shall institute and maintain formal consultative relationships with the trade to increase co-operation and facilitate participation in establishing the most effective methods of working commensurate with national provisions and international agreements.

    RKC Guidelines on RKC General Annex  - Chapter 1  (download)

     

    General Annex - Chapter 9 (Information, Decisions and Rulings Supplied the Customs)

    Standard 9.2 of the General Annex to the Revised Kyoto Convention requires that revised information be made available sufficiently in advance of the entry into force of the changes.

    Information made available by Customs will need to be updated in line with changes in legislation, policy or other national considerations. Frequent changes are made to rates of duties and taxes, quotas, and administrative arrangements and requirements.

    When such changes are made that have a bearing on the information made available to interested persons, it is essential that they be communicated to them as quickly as possible. Standard 9.2 refers to these requirements. Quick dissemination of information will enable the interested parties to take account of the changes and comply with the new requirements or make other arrangements. It is therefore essential that Customs administrations have mechanisms in place which allow changes to be communicated to users, both within the administration and externally, with the minimum of delay

    9.2. Standard

    When information that has been made available must be amended due to changes in Customs law, administrative arrangements or requirements, the Customs shall make the revised information readily available sufficiently in advance of the entry into force of the changes to enable interested persons to take account of them, unless advance notice is precluded.

    RKC Guidelines on RKC General Annex  - Chapter 9  (download)

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    Other WCO Tools

    Customs-Business Partnership Guidance (download)

    The Customs-Business Partnership Guidance provides a detailed guidance for developing a robust and sustained engagement/partnership mechanism with Business. It would also assists Members in the implementation of relevant provisions of the WTO Trade Facilitation Agreement (TFA) which foresee closer cooperation with private sector stakeholders. Additionally, the Guidance contains an Advanced Pillar which provides a range of new opportunities to further strengthen and advance an existing well-established relationship.

    Model Business Lens Checklist for Small and Medium Sized Enterprises (SMEs) (download)

    The Model Business Lens Checklist for SMEs encourages and supports WCO Members to develop their own business lens checklists and institutionalize the proper involvement of SMEs in policy-making and review at national level.

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    Members Practices

    The Customs-Business Partnership Guidance provides practices of 31 WCO members in Annex III. Advanced Pillar of the guidance introduces the following members’ practices. (download)

    • UK Joint Customs Consultative Committee
    • South African Customs’ Technical and Strategic Business Interaction with Stakeholders
    • Hong Kong Intellectual Property Rights Protection Alliance (IPRPA)
    • The Netherlands Customs Cooperation with Other Government Agencies
    • Japan - NACCS (Nippon Automated Cargo and Port Consolidated System)
    • The "Delta X Export" IT teleservice project, bringing express courier operators and French Customs closer together (France)
    • The Netherlands Secondment Programme
    • Canada’s Customs-Business Awareness Building Sessions



    ‘Customs-for-business’ – a new level of ambition for Poland’s Customs Service (WCO News, June 2014) (download)

    Facilitating trade in Cameroon through contractual arrangements between Customs and the private sector (WCO News, October 2014) (download)

    Bi-Directional Education (United States) (download)

    Business Lens Checklist (Canada) (download)

    Initiatives of Chilean Customs (download)

    Supporting private sector engagement – the CBSA’s stakeholder engagement model (download)

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    Performance Indicators

    Yes/No Question

    • Do you provide opportunities and reasonable time periods to traders to comment on the introduction or amendment of laws and regulations?

    Quantitative indicators

    • Time periods for traders to make comments on laws and regulations
    • No. of cases involving the introduction or amendment of laws and regulations which were subject to prior consultation with traders
    • No. of comments received per year

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  • Overview

    The WTO TFA asks Members to provide traders and other interested parties with opportunities and an appropriate time period to comment on the introduction or amendment of laws and regulations. Members are also required to make new or amended laws and regulations available before their entry into force.

    Standard 1.3 of the General Annex to the Revised Kyoto Convention requires that formal consultative relationships be maintained with the trade. Standard 9.2 of the General Annex to the Revised Kyoto Convention requires that revised information be made available sufficiently in advance of the entry into force of the changes.

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    WTO TFA

    Each Member shall, as appropriate, provide for regular consultations between its border agencies and traders or other stakeholders located within its territory.

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    Revised kyoto convention

    General Annex Chapter 1 (General Principles)

    To address the rapidly growing volume of international trade, active co-operation and intensive communication between Customs and the trade are essential to complement each other’s objectives and responsibilities. Since Customs are an important element in international trade procedures, it is important that Customs administrations make use of modern working methods to administer their operations and that they strive to facilitate trade to the maximum extent possible.

    In this regard, Standard 1.3 of the General Annex to the Revised Kyoto Convention requires that formal consultative relationships be maintained with the trade.

    1.3. Standard

    The Customs shall institute and maintain formal consultative relationships with the trade to increase co-operation and facilitate participation in establishing the most effective methods of working commensurate with national provisions and international agreements.

    RKC Guidelines on RKC General Annex  - Chapter 1  (download)

     

    General Annex - Chapter 7 (Application of Information Technology)

    The ICT Guidelines (RKC Guidelines on the General Annex, Chapter 7) give detailed guidance on the set-up of a help desk and its components (see 5.8 of the Guidelines).  The guidance covers the value and necessity of having a help desk in the Customs administration, and describes in detail how to set up a help desk.

    ICT Guideline (download)

     

    General Annex - Chapter 9: Information, Decisions and Rulings Supplied by the Customs

    The availability of information on Customs matters to interested persons is one of the key elements of trade facilitation.  This information, which must be furnished by Customs, may be general or specific.  Persons often need specific information about a particular operation they intend to carry out.  Sometimes the decision whether or not to proceed with the operation may depend upon the information supplied by the Customs.  When such information is requested, it is the responsibility of the Customs to provide it completely and accurately and as soon as possible.

    Interested parties often need information or decisions about specific activities which they are considering or intending to carry out. Sometimes the decision whether or not to proceed may depend on information supplied by Customs. Standards from 9.4 to 9.8 require Customs to provide such specific information or decisions as quickly as possible and with sufficient detail.

    9.4. Standard

    At the request of the interested person, the Customs shall provide, as quickly and as accurately as possible, information relating to the specific matters raised by the interested person and pertaining to Customs law.

    9.5. Standard

    The Customs shall supply not only the information specifically requested but also any other pertinent information which they consider the interested person should be made aware of.

    9.6. Standard

    When the Customs supply information, they shall ensure that they do not divulge details of a private or confidential nature affecting the Customs or third parties unless such disclosure is required or authorized by national legislation.

    9.7. Standard

    When the Customs cannot supply information free of charge, any charge shall be limited to the approximate cost of the services rendered.

    9.8. Standard

    At the written request of the person concerned, the Customs shall notify their decision in writing within a period specified in national legislation. Where the decision is adverse to the person concerned, the reasons shall be given and the right of appeal advised.

    RKC Guidelines on RKC General Annex  - Chapter 9  (download)

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    Other WCO Tools

    SAFE Framework of Standards (download)

    The SAFE Framework aims to strengthen Customs/Business co-operation. The main focus of Pillar 2 (Customs-to-Business) is the creation of an international system for identifying private businesses that offer a high degree of security guarantees in respect of their role in the supply chain

    Standard 5 of Pillar 2 (Customs-to-Business) of the SAFE Framework states that the Customs administration will regularly update Customs-Business partnership programmes to promote minimum security standards and supply chain security best practices.

    Customs-Business Partnership Guidance (download)

    The Customs-Business Partnership Guidance provides a detailed guidance for developing a robust and sustained engagement/partnership mechanism with Business. It would also assists Members in the implementation of relevant provisions of the WTO Trade Facilitation Agreement (TFA) which foresee closer cooperation with private sector stakeholders. Additionally, the Guidance contains an Advanced Pillar which provides a range of new opportunities to further strengthen and advance an existing well-established relationship.

    Model Business Lens Checklist for Small and Medium Sized Enterprises (SMEs) (download)

    The Model Business Lens Checklist for SMEs encourages and supports WCO Members to develop their own business lens checklists and institutionalize the proper involvement of SMEs in policy-making and review at national level.

    print this item

    Members Practices

    The Customs-Business Partnership Guidance provides practices of 31 WCO members in Annex III. Advanced Pillar of the guidance introduces the following members’ practices. (download)

    • UK Joint Customs Consultative Committee
    • South African Customs’ Technical and Strategic Business Interaction with Stakeholders
    • Hong Kong Intellectual Property Rights Protection Alliance (IPRPA)
    • The Netherlands Customs Cooperation with Other Government Agencies
    • Japan - NACCS (Nippon Automated Cargo and Port Consolidated System)
    • The "Delta X Export" IT teleservice project, bringing express courier operators and French Customs closer together (France)
    • The Netherlands Secondment Programme
    • Canada’s Customs-Business Awareness Building Sessions



    ‘Customs-for-business’ – a new level of ambition for Poland’s Customs Service (WCO News, June 2014) (download)

    Facilitating trade in Cameroon through contractual arrangements between Customs and the private sector (WCO News, October 2014) (download)

    Bi-Directional Education (United States) (download)

    Centers of Excellence and Expertise (United States) (download)

    Co-Creation (Unites States) (download)

    Business Lens Checklist (Canada) (download)

    TOR of Border Sector Industry Stakeholder Forum (NZ) (download)

    Commercial Operation Advisory Committee (United States) (download)

    Initiatives of Chilean Customs (download)

    Supporting private sector engagement – the CBSA’s stakeholder engagement model (download)

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    Performance Indicators

    Yes/No Question

    • Do you have a formal consultative committee/meeting with business?

    Quantitative indicators

    • No. of formal consultative meetings with business per year

    print this item