General Annex - Chapter 3 (Clearance and other Customs Formalities)
Release of the goods must not be delayed solely due to the fact that Customs is not in possession of a complete Goods declaration, provided that information on the nature and value of the goods is available, or that Customs is satisfied that this information will be given and all the obligations fulfilled. In this regard, Standards 3.13, 3.14, 3.17 and 3.41 of the General Annex to the Revised Kyoto Convention allow for the early release of goods with a provisional or incomplete declaration and documentation.
3.13. Standard
Where, for reasons deemed valid by the Customs, the declarant does not have all the information required to make the Goods declaration, a provisional or incomplete Goods declaration shall be allowed to be lodged, provided that it contains the particulars deemed necessary by the Customs and that the declarant undertakes to complete it within a specified period.
3.14. Standard
If the Customs register a provisional or incomplete Goods declaration, the tariff treatment to be accorded to the goods shall not be different from that which would have been accorded had a complete and correct Goods declaration been lodged in the first instance.
The release of the goods shall not be delayed provided that any security required has been furnished to ensure collection of any applicable duties and taxes.
3.17. Standard
Where certain supporting documents cannot be lodged with the Goods declaration for reasons deemed valid by the Customs, they shall allow production of those documents within a specified period.
3.40. Standard
Goods declared shall be released as soon as the Customs have examined them or decided not to examine them, provided that :
- no offence has been found;
- the import or export licence or any other documents required have been acquired;
- all permits relating to the procedure concerned have been acquired; and
- any duties and taxes have been paid or that appropriate action has been taken to ensure their collection.
RKC Guidelines on RKC General Annex - Chapter 3 (download)
General Annex - Chapter 4 (Duties and Taxes)
Chapter 4 of the General Annex provides a framework for the collection and payment (including deferred payment), and repayment of duties and taxes. Standard 4.9 concerns payment after the release of the goods.
4.9. Standard
When national legislation specifies that the due date may be after the release of the goods, that date shall be at least ten days after the release. No interest shall be charged for the period between the date of release and the due date.
RKC Guidelines on RKC General Annex - Chapter 4 (download)
General Annex - Chapter 5 (Security)
Security or collateral is frequently required by the Customs to ensure that the declarant discharges any obligations undertaken to Customs. The primary aim of security is to secure the payment of duties and taxes. In other instances security may also be required to secure the fulfilment of any other obligations the declarant or operator may have in regard to a Customs procedure or practice or any other requirements that may be specified by Customs. Chapter 5 of the General Annex sets out the basic principles relating to security required by Customs.
5.1. Standard
National legislation shall enumerate the cases in which security is required and shall specify the forms in which security is to be provided.
5.2. Standard
The Customs shall determine the amount of security.
5.3. Standard
Any person required to provide security shall be allowed to choose any form of security provided that it is acceptable to the Customs.
5.4. Standard
Where national legislation provides, the Customs shall not require security when they are satisfied that an obligation to the Customs will be fulfilled.
5.5. Standard
When security is required to ensure that the obligations arising from a Customs procedure will be fulfilled, the Customs shall accept a general security, in particular from declarants who regularly declare goods at different offices in the Customs territory.
5.6. Standard
Where security is required, the amount of security to be provided shall be as low as possible and, in respect of the payment of duties and taxes, shall not exceed the amount potentially chargeable.
5.7. Standard
Where security has been furnished, it shall be discharged as soon as possible after the Customs are satisfied that the obligations under which the security was required have been duly fulfilled.
RKC Guidelines on RKC General Annex - Chapter 5 (download)
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