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  • Overview

    Where a Member adopts or maintains a system of notifications for enhancing controls or inspections in respect of foods, beverages or feedstuffs, the Member should follow certain principles such as risk-based and uniform application.

    Chapter 6 of the General Annex to the Revised Kyoto Convention sets out standards on Customs control, risk management and co-operation with other Customs administrations.  These provisions do not relate directly to the notification system, but may help with implementation.

    The following WCO tools are also useful for the implementation of the TFA:

    • SAFE Framework of Standards
    • Risk Management Compendium
    • Single Window Compendium

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    WTO TFA

    Where a Member adopts or maintains a system of issuing notifications or guidance to its concerned authorities for enhancing the level of controls or inspections at the border in respect of foods, beverages, or feedstuffs covered under the notification or guidance for protecting human, animal, or plant life or health within its territory, the following disciplines shall apply to the manner of their issuance, termination, or suspension:

     

        (a)    the Member may, as appropriate, issue the notification or guidance based on risk; 

        (b)    the Member may issue the notification or guidance so that it applies uniformly only to those points of entry where the sanitary and phytosanitary conditions on which the notification or guidance are based apply; 

        (c)    the Member shall promptly terminate or suspend the notification or guidance when circumstances giving rise to it no longer exist, or if changed circumstances can be addressed in a less trade restrictive manner and; 

        (d)    when the Member decides to terminate or suspend the notification or guidance, it shall, as appropriate, promptly publish the announcement of its termination or suspension in a non-discriminatory and easily accessible manner, or inform the exporting Member or the importer.

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    Revised kyoto convention

    General Annex – Chapter 6 (Customs Control)

    For Customs administrations there is always an element of risk in facilitating the movement of goods and persons. The extent of controls to ensure compliance with the laws and regulations which the Customs are responsible for enforcing should be proportionate to the level of assessed risk.

    Customs administrations today are required to provide extensive facilitation while maintaining control over the international movement of goods, means of transport and persons. The level of risk is determined in the context of the priorities of the Customs administrations e.g. whether the priority is collection of duties and taxes or checking prohibitions and restrictions or any other specific area that has been identified.

    Chapter 6 of the General Annex to the Revised Kyoto Convention sets standards on carrying out risk management, the basis for modern Customs control techniques.

    6.3. Standard

    In the application of Customs control, the Customs shall use risk management.

    6.4. Standard

    The Customs shall use risk analysis to determine which persons and which goods, including means of transport, should be examined and the extent of the examination.

    6.7. Standard

    The Customs shall seek to co-operate with other Customs administrations and seek to conclude mutual administrative assistance agreements to enhance Customs control.

    RKC Guidelines on RKC General Annex  - Chapter 6  (download)

    Annex to the RKC Guidelines – Chapter 6 (download)

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    Other WCO Tools

    SAFE Framework of Standards (download)

    Risk management is a core element of SAFE.  Each country that joins the SAFE Framework commits to employing a consistent risk management approach to address security threats.

    Risk Management Compendium

    The Compendium deals with the systematic application of management procedures and practices which provide Customs with the necessary information to address movements or consignments which present a risk.

        - Common Part (download)

        - Volume 1 (download)

    (Volume 2 is available on the WCO Members’ Website)

    Single Window Compendium

    To support capacity building efforts, the WCO has developed a Compendium on “How to Build a Single Window Environment”. The Compendium comes in two volumes. Volume 1, called the ‘Executive Guide’, deals with aspects of Single Window that are of concern to senior management. Volume 2 is called the Professional Practice Guide and is a collection of tools and techniques to support technical experts working on projects to establish a Single Window.

    The Compendium provides information and guidance at all stages of development of a Single Window Environment.   

         - Volume 1 (download)

         - Volume 2 (download)

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    Members Practices

    The Rapid Alert System for Food and Feed (RASFF) (European Union) (download)

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    Performance Indicators

    Yes/No Question

    • Do you have a system of issuing notifications or guidance for enhancing the level of controls at the border?

     

    Quantitative indicators

    • No. of notifications or guidance issued per year

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  • Overview

    The WTO TFA asks Members to inform the carrier or importer promptly when goods declared for importation are detained for inspection.

    Chapter 1 of Specific Annex H to the Revised Kyoto Convention sets standards on the seizure or detention of goods. It includes several recommended practices regarding detention, Customs control, risk management and co-operation with other Customs administrations. Chapter 6 of the General Annex to the Revised Kyoto Convention also sets standards on Customs control.

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    WTO TFA

    A Member shall promptly inform the carrier or importer in case of detention of goods declared for importation, for inspection by customs or any other competent authority.

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    Revised kyoto convention

    General Annex - Chapter 3 (Clearance and other Customs Formalities)

    Standard 3.36 provides that when Customs decides to examine goods based on the Goods declaration, they may normally allow the declarant or a representative of the declarant to be present at the examination if so requested

    3.36. Standard

    The Customs shall consider requests by the declarant to be present or to be represented at the examination of the goods. Such requests shall be granted unless exceptional circumstances exist.

    RKC Guidelines on RKC General Annex - Chapter 3 (download)

    General Annex – Chapter 6 (Customs Control)

    For Customs administrations there is always an element of risk in facilitating the movement of goods and persons. The extent of controls to ensure compliance with the laws and regulations which the Customs are responsible for enforcing should be proportionate to the level of assessed risk.

    Customs administrations today are required to provide extensive facilitation while maintaining control over the international movement of goods, means of transport and persons. The level of risk is determined in the context of the priorities of Customs administrations, e.g., whether the priority is collection of duties and taxes, or checking prohibitions and restrictions, or any other specific area that has been identified.

    Standard 6.1 of the General Annex to the Revised Kyoto Convention sets out the scope of Customs control.

    6.1. Standard

    All goods, including means of transport, which enter or leave the Customs territory, regardless of whether they are liable to duties and taxes, shall be subject to Customs control.

    RKC Guidelines on RKC General Annex  - Chapter 6  (download)

    Annex to the RKC Guidelines – Chapter 6 (download)

    Specific Annex H - Chapter 1 (Customs Offences)

    Chapter 1 of Specific Annex H to the Revised Kyoto Convention sets standards on the seizure or detention of goods.  It also includes several recommended practices regarding detention, Customs control, risk management and co-operation with other Customs administrations. 

    11. Standard

    The Customs shall seize goods and/or means of transport only when :

    - they are liable to forfeiture or confiscation; or

    - they may be required to be produced as evidence at some later stage in the procedure.

    12. Standard

    If a Customs offence relates only to part of a consignment, only that part shall be seized or detained, provided that the Customs are satisfied that the remainder of the consignment did not serve, directly or indirectly, in the commission of the offence.

    13. Standard

    When the Customs seize or detain goods and/or means of transport, they shall furnish the person concerned with a document showing :

    - the description and quantity of the goods and means of transport seized or detained;

    - the reason for the seizure or detention; and

    - the nature of the offence.

    14. Recommended Practice

    The Customs should release seized or detained goods against adequate security, provided that the goods are not subject to any prohibitions or restrictions or needed as evidence at some later stage in the procedure.

    15. Recommended Practice

    The Customs should release from seizure or detention means of transport that have been used in the commission of a Customs offence where they are satisfied that :

    - the means of transport have not been constructed, adapted or altered or fitted in any manner for the purpose of concealing goods; and

    - the means of transport are not required to be produced as evidence at some later stage in the procedure; and

    - where required, adequate security can be given.

    16. Recommended Practice

    Means of transport should only be forfeited or confiscated where :

    - the owner, operator or person in charge was, at the time, a consenting party or privy to the Customs offence, or had not taken all reasonable steps to prevent the commission of the offence; or

    - the means of transport has been specially constructed, adapted or altered or fitted in any manner for the purpose of concealing goods; or

    - restoration of the means of transport which has been specially altered or adapted is not possible.

    17. Recommended Practice

    Unless they are likely to deteriorate quickly or it would, due to their nature, be impracticable for the Customs to store them, seized or detained goods should not be sold or otherwise disposed of by the Customs before they have been definitively condemned as forfeited or confiscated or have been abandoned to the Revenue.

    RKC Guidelines on RKC Specific Annex H - Chapter 1 (download)

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    Other WCO Tools

    Risk Management Compendium

    The Compendium deals with the systematic application of management procedures and practices which provide Customs with the necessary information to address movements or consignments which present a risk.

    - Common Part (download)

    - Volume 1 (download)

    (Volume 2 is available on the WCO Members’ Website)

    Compendium of Customs Operational Practices for Enforcement and Seizures (COPES)

    The Compendium is designed to highlight useful Customs operational practices in the area of enforcement and seizures, given their important role as tools for Customs administrations as governments strive to ensure the safety and security of their citizens, as well as to preserve the legitimate global trading system.

    (The Compendium is available on the WCO Members’ Website)

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    Member Practices

    Compendium of Customs Operational Practices for Enforcement and Seizures (COPES)

    The Compendium of Customs Operational Practices for Enforcement and Seizures (COPES) is compiled to highlight interesting and practical examples of seizure practices of WCO Members. (The Compendium is available on the WCO Members’ Website)

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    Performance Indicators

    Yes/No Question

    • Do you inform the carrier or importer of the detention of goods declared for importation?

     

    Quantitative indicators

    • Average times between detentions and notifications

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  • Overview

    The WTO TFA allows Members to grant an opportunity for a second test where the first test shows an adverse finding.  Members should consider the result of the second test in the release and clearance of goods.

    Chapter 3 of the General Annex to the Revised Kyoto Convention contains a standard on sampling by Customs.

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    WTO TFA

    3.1. A Member may, upon request, grant an opportunity for a second test in case the first test result of a sample taken upon arrival of goods declared for importation shows an adverse finding.

    3.2. A Member shall either publish, in a non-discriminatory and easily accessible manner, the name and address of any laboratory where the test can be carried out or provide this information to the importer when it is granted the opportunity provided under paragraph 3.1.

    3.3. A Member shall consider the result of the second test, if any, conducted under paragraph 3.1, for the release and clearance of goods and, if appropriate, may accept the results of such test.

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    Revised kyoto convention

    General Annex – Chapter 3 (Clearance and other Customs Formalities)

    Standard 3.38 limits the instances when Customs should take samples of goods. In order to prevent abuses, relieve Customs of responsibility and avoid misunderstandings, Customs may ask the declarant to be present and to draw the samples required.

    3.38. Standard

    Samples shall be taken only where deemed necessary by the Customs to establish the tariff description and/or value of goods declared or to ensure the application of other provisions of national legislation. Samples drawn shall be as small as possible.

    RKC Guidelines on RKC General Annex  - Chapter 3  (download)

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    Other WCO Tools

    Customs Laboratory Guide

    The Customs Laboratory Guide is intended primarily as a practical handbook for the establishment or improvement of Customs laboratories in developing countries. The Guide includes "best practices" covering a variety of laboratory operations. A diagram providing an idea and guidance as to how the TFA provisions of “Test Procedures” could work in administrations are included in the Customs Laboratory Guide. Best practices relating to both the 1st and 2nd tests, including sampling procedures, will be included in the Customs Laboratory Guide.

    (This tool is available on the WCO Members’ Website)

     

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    Member Practices

    Customs Laboratory Guide

    The Customs Laboratory Guide includes the best practices covering a variety of laboratory operations of the WCO Members. A diagram providing an idea and guidance as to how the TFA provisions of “Test Procedures” could work in administrations are included in the Customs Laboratory Guide. Best practices relating to both the 1st and 2nd tests, including sampling procedures, will be included in the Customs Laboratory Guide.

    (The guide is available on the WCO Members’ Website)

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    Performance Indicators

    Yes/No Question

    • Do you grant an opportunity for a second test?

     

    Quantitative indicators

    • No. of second tests conducted per year

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