Category / Border Management Agency

by Mike Poverello

Cabinet approves OSBP Bill for public comment

Cabinet has approved the One-Stop Border Post (OSBP) Bill, among others, for public comments.

This was confirmed by Minister in the Presidency, Mondli Gungubele, during a Post Cabinet media briefing.

He said the Bill follows approval of the OSBP Policy and its implementation strategy in March 2022.

The Bill, he said, seeks to harmonise the movement of people and goods between South Africa’s land ports of entry and its neighbouring countries.

He said: “This will alleviate current congestions at our land ports of entry for cross-border travellers and traders. These interventions are also key in the country’s efforts in driving the African Continental Free Trade Area (AfCFTA) Agreement”.

The agreements envisioned in the Bill, he said, will ensure that the processing of goods, vehicles and people is seamless and fast.

The Bill also responds to relevant international legal instruments that relate to trade facilitation and movements of people and goods. 

The OSBP Bill of 2022 will be published in the Department of Home Affairs website: www.dha.gov.za.  

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by Mike Poverello

SARS hosts Single Government Authorised Economic Operator Workshop in collaboration with Border Management Agency (BMA)

Customs activities for this year are underpinned by the World Customs Organization’s (WCO) 2021 theme “Customs bolstering recovery, resilience and renewal for sustainable global supply chain”. The colossal task that lies ahead as nations look to reconstruct their global supply chain is one of the reasons that the WCO has advocated Authorised Economic Operator (AEO) programmes as a tool to promote reconstruction.  

SARS, in collaboration with the Border Management Agency (BMA), is leading the process  of creating  a Single Government  AEO (SGAEO) programme to ensure improved trade facilitation and supply chain security in South Africa, the Southern African region, the African continent and globally. The World Bank (WB) and WCO have agreed to assist SARS to create a SGAEO programme, through the WB Trade Facilitation Programme.

The agreement to conceptualise a SGAEO for South Africa culminated in agreement that SARS and the BMA would jointly host a workshop with all agencies involved in managing trade at the border. The WB and WCO have agreed to participate in the workshop on 2 March 2021. The workshop is intended to contextualise and set the scene for the creation of a SGAEO programme in South Africa and to allow for comparison of the various OGA risk management programmes for cross border trade with the SARS AEO programme.

International drivers for Single Government AEO programmes include the World Trade Organisation’s Trade Facilitation Agreement and the WCO’s SAFE Framework of Standards. South Africa’s scoring on the OECD’s Trade Facilitation Indicator is used as input into the World Bank’s (WB) Ease of Trading across Borders in its annual Doing Business Report.

For Customs Administrations, AEO programmes are vital tools for developing trust-based partnerships with economic operators who have high levels of commitment to compliance and supply chain security. Economic operators, on the other hand, are interested in the tangible benefits offered to participants, particularly, mutual recognition agreements (MRAs) with trading partners. 

While several countries have adopted different OGA (Other Government Agencies)AEO models, SARS’ preferred model is a Single Government AEO Programme with one certification process and benefits granted by all agencies.

Source: South African Revenue Service, Rae Vivier, 2 March 2021

by Mike Poverello

South Africa – President signs Border Management Authority Bill into Law

President Cyril Ramaphosa has signed the Border Management Authority Bill of 2020 into law.

The new legislation is in force from today, 21 July 2020.

The legislation addresses a need identified by government and diverse stakeholders in the economy for an integrated and well coordinated border management service that will ensure secure travel and legitimate trade in accordance with the Constitution and international and domestic law. 

The new Border Management Authority will, as an objective of the Act, replace the current challenge of different agencies and organs of government all playing different roles in managing aspects of border control.

The integrated Authority will contribute to the socio-economic development of the Republic and ensure effective and efficient border law enforcement functions at ports of entry and borders.

The new law provides for the establishment, organisation, regulation, functions and control of the Border Management Authority, the appointment of its Commissioner and Deputy Commissioners and officials.

The law also provides for their terms of office, conditions of service and functions and powers.

Furthermore, the law provides for the establishment of an Inter-Ministerial Consultative Committee, Border Technical Committee and advisory committees, for the review or appeal of decisions of officers, and the definition of certain things offences and the levying of penalties.

The legislation therefore contributes to the security of the country and the integrity and ease of trade and the general movement of persons and goods in and out of the country.

Source: The Presidency, Pretoria, 21 July 2020

by Mike Poverello

SADC Border posts under the spotlight

GEC

Land borders in the SADC region are critical zones for unlocking economic development, regional value chains and trade. In this light the Global Economic Governance Africa programme is working with the Zimbabwe Trade Forum and the University of Zambia to look at two case studies on the border regions around Beitbridge and Chirundu. The borders, between South Africa and Zimbabwe, and Zimbabwe and Zambia, represent critical links in the North-South Corridor and are vital in both regional development initiatives as well as bilateral ones between the countries.

The seminar, attended by trade experts, policy makers and researchers from South Africa and the region discussed the field research findings of a study at the Beitbridge and Chirundu border posts conducted on behalf of the programme in June 2018.

The following presentation documents should be of interest to all parties concerned with inter regional trade and trade facilitation development initiatives.

It is also worthwhile to visit Tutwa Consulting’s webpage as it explains how the surveys were conducted and provides salient features in relation to each of the border posts concerned which may not necessarily be apparent in the presentation documents as such.

Source: Tutwa Consulting

by Mike Poverello

Australia to Set Up Super Ministry for Homeland Security

BBC - Oz HS

Well, one things for sure – “customs” as an exterior entity is all but gone down under – Australian Prime Minister Malcolm Turnbull announced on Tuesday he will set up a single ministry to oversee the country’s internal security, including police, intelligence, border protection and immigration affairs.

Turnbull said the measure was necessary to address the complexity and rapid evolution of security challenges in the country, including domestic terrorism, international organized crime and cybercrimes.

“We need these reforms, not because the system is broken, but because our security environment is evolving quickly,” Turnbull said at a press conference.

“When it comes to our nation’s security, we must stay ahead of the threats against us. There is no room for complacency,” he added.

Immigration Minister Peter Dutton will now head the Australian Federal Police, Australian Security Intelligence Organisation (ASIO) and the Australian Border Force.

Turnbull said the initiative, which will take a year to implement, is the largest internal security reform in 40 years and that the creation of the super ministry emulates similar decisions taken by other countries such as the United Kingdom.

The new portfolio will be similar to the United Kingdom’s Home Office arrangement, a federation, if you will, of border and security agencies,” he told reporters on Tuesday. As part of the reform, a single national intelligence office will be the coordinating authority, and will comprise a new center that will be dedicated to cybersecurity.

The reform was approved despite initial resistance by Attorney-General George Brandis, Foreign Minister Julie Bishop and Minister of Justice, Michael Keenan.

Turnbull assured that both the federal police and ASIO will retain their independence and that actions by the security agency will have to be approved by the attorney general.

The opposition criticized the decision and accused Turnbull of trying to use the reform to consolidate his leadership in the face of pressure from the most conservative sections of the ruling coalition.

Australia raised its terror alert in September 2014 and has passed a series of anti-terrorist laws to prevent attacks on its territory.

Since then Australia has suffered five violent incidents and has thwarted 12 other potential attacks. Source: laht.com

by Mike Poverello

Australian Narcotics bust – the significance of NII

The Australian Border Force reports that four men have been arrested in Sydney and Melbourne for allegedly importing approximately 254kg of cocaine and 104kg of methyl-amphetamine into Australia.

Combined, the drugs had an estimated combined value in excess of $186 million.

An Australian Federal Police (AFP) investigation commenced in December 2016 after the Australian Border Force (ABF) targeted a cargo consignment containing mining equipment which had arrived in Melbourne from South Africa.

ABF officers at the Melbourne Container Examination Facility examined the consignment which included industrial mining equipment. X-ray images revealed anomalies within an iron ore extractor.

It will be alleged that a physical examination of the iron ore extractor by ABF officers led to the discovery of 358 1kg block packages of cocaine and methyl-amphetamine, concealed within the equipment among a load of activated charcoal.

On 19 December 2016, the AFP commenced a controlled delivery where the consignment was delivered from Melbourne to a storage facility in Sydney.

Three men were arrested after accessing the consignment in Sydney on Sunday, 5 February 2017.

During additional search warrants on Monday, 6 February, 2017 on the Central Coast of NSW, AFP officers also seized a large sum of cash in a compressed block of AUD$100 notes. The notes are currently the subject of further forensic analysis.

A fourth man was arrested in Melbourne on Wednesday, 8 February 2017.

A 47-year-old (Watanobbi) man and 75-year-old male South African citizen were charged with:

  • One count of attempt to import commercial quantities of border controlled drugs, pursuant to subsection 307.1 (1), by virtue of subsection 11.1 of the Criminal Code 1995 (Cth) and;
  • One count of attempt to possess a commercial quantity of border controlled drugs, pursuant to subsection 307.5 (1), by virtue of subsection 11.1 of the Criminal Code 1995 (Cth).

A 39-year-old (Doonside) man was charged with:

  • One count of attempt to possess commercial quantities of border controlled drugs, pursuant to subsection 307.5(1) by virtue of subsection 11.1 of the Criminal Code 1995 (Cth).

A 38-year-old (Roxburgh Park) man was charged with:

  • One count of import commercial quantities of border controlled drugs, pursuant to subsection 307.1 (1) of the Criminal Code 1995 (Cth).

The maximum penalty for these offences is life imprisonment.

AFP Commander John Beveridge said the AFP and its partners are committed to protecting the Australian community from the scourge of illicit drugs through targeted detection and disruption.

“The AFP will continue to work with its partner law enforcement agencies to disrupt all forms of drug importation attempts and target those who believe they are above the law,” Commander Beveridge said.

“These arrests send a strong message to criminals who choose to import harmful drugs into our community for their own profits – you will be caught, no matter how creative you believe your concealment method may be.”

ABF Regional Commander Victoria and Tasmania, James Watson, praised ABF officers at the Melbourne Container Examination Facility for the outstanding detection.

“Our officers have the expertise and technology to detect even the most sophisticated concealment. In this instance, our upgraded container x-ray technology has been able to penetrate through several layers of steel, machinery and coal/stones to identify these concealed packages.”

“The success of this operation once again highlights how effectively Australia’s border and law enforcement agencies are working together to stop illicit drugs from entering our community, and how instrumental the ABF is in keeping these dangerous drugs off our streets.”

Three men appeared before Sydney Central Local Court on Monday, 6 February 2017 where they were remanded in custody.

A fourth man appeared before Melbourne Magistrates Court on Wednesday, 8 February 2017 where he was remanded in custody to re-appear on 10 February 2017 for a filing hearing. Source: Border.gov.au

by Mike Poverello

ICD 2017 – Observing effective Border Management through ‘data analysis’

wco-icd2017As national Customs administrations and border agencies celebrate International Customs Day, no doubt showcasing their recent ICT endeavours, it is good to reflect not only on the available standards and tools which are becoming more available to Customs and Border Management Agencies.

The WCO spearheads and supports several initiatives aimed at fostering increased coperation and collaboration between member states under the banner of ‘Digital Customs’. In the post security era, throught is capacity building arm, the WCO champions global development of its Digital Customs concept and strategy. The WCO’s work programme in this regard covers a broad area of focus, for example:

  • to support the WTO Trade Facilitation Agreement,
  • the updating of related WCO instruments and tools,
  • ongoing promotion and maintainance of the WCO Data Model,
  • monitoring of new and emerging technological developments (3D printing, Big Data, Predictive Analytics, Drones and Blockchain),
  • promotion of e-services and apps,
  • exchange of information between stakeholders nationally and accross borders, and
  • promotion of the Single Window concept.

For most customs and border administrators, they have somewhere heard of, or to some extent are aware of the ‘buzz words’. The various chapters of the WCO through the working groups provide up-to-date developments in all facets on developments in the modern Customs operating and global trade environment. These are ably supported by several internal business organisations and umbrella associations adding credence to the developmental work and ultimately the standards, policies and guidelines published by the WCO.

In this modern era of uncertainty – global political and socio-economic risks – International Customs Day should be a combined celebration not only for Customs, but moreover, the associated supply chain industries and business intermediaries. If there was no trade in goods there would be no Customs or WCO. Without the providers of ‘big data’ there would be no need for data analysis. Without illicit activities there would be no need for expensive enforcement technology and equipment and the application of risk management.

Thanks to an imperfect and unequal world the WCO, through its association with the world’s customs authorities, big business and ICT service providers is able to develop a Digital Customs Maturity Model, which provides a road map for administrations from the least to most developed (mature rather). The pace and extent of maturity is undoubtedly determined by a country’s discipline and agility based on a clear strategy with the support and commitment of government and allied industries.Happy Customs Day!

by Mike Poverello

Davis Tax Committee pronounces on BMA

DTCRecent speculation concerning the Border Management Agency Bill have brought about reaction from both within government and industry. While there appears widespread support for a unified agency to administer South Africa’s borders, the challenge lies in the perceived administration of such agency given the specific mandates of the various border entities.

The Davis Tax Committee (DTC) was requested to provide a view on the affect of the proposed bill insofar as it impacts upon revenue (taxes and customs and excise) collection for the fiscus of South Africa.

The purpose of the Bill is to provide for the establishment, organisation, regulation and control of the Border Management Agency (BMA); to provide for the transfer, assignment, and designation of law enforcement border related functions to the BMA; and to provide for matters connected thereto. The functions of the BMA are (a) to perform border law enforcement functions within the borderline and at ports of entry; (b) to coordinate the implementation of its border law enforcement functions with the principal organs of state and may enter into protocols with those organs of state to do so; and (c) to provide an enabling environment to facilitate legitimate trade.

In short the DTC recommends that the functions and powers of SARS and the BMA be kept separate and that the Agency should not be assigned any of the current functions and powers of SARS with regard to revenue (taxes and customs and excise) collection and the control of goods that is associated with such collection functions. Of particular concern is the extraordinarily poor timing of the Bill. According to the 2014 Tax Statistics issued by SARS, the total of customs duties, import VAT, and ad valorem import duties collected amounted to R176.9 billion for the 2013-14 fiscal year. This was approximately 19% of the total revenue collected.

The DTC is of the view that to put so significant a contribution to the fiscus in a position of uncertainty, if the Bill were to be  implemented, is fiscally imprudent at this critical juncture for the South African economy. Follow this link to access the full report on the DTC website. Source: www.taxcom.org.za

by Mike Poverello

Red Flags hang over BMA

Mesina-Beitbridge border crossing - Google MapsAccording to Eye Witness News, a draft law aimed at creating a new, overarching border control entity has run into problems.

Parliament’s Home Affairs Portfolio Committee has been briefed on the Border Management Authority Bill by the department, the South African Police Service (Saps) and National Treasury.

Cabinet approved the Bill in September 2015 to deal with weaknesses in the state’s ability to secure the country’s ports of entry.

The Bill proposes harnessing the responsibilities of Home Affairs, the police and the South African Revenue Service (Sars) among others in one agency under a commissioner.

The authority will take over the customs control functions currently undertaken by the South African Revenue Service. There are fears within the industry that it could compromise SARS’s achievements in modernising its customs administration that has facilitated the movement of goods across the border.

Red flags have been raised by both the SA Police Service and National Treasury over the Border Management Authority Bill.

Treasury’s Ismail Momoniat says while they support a single border control body, SARS must remain in charge of customs and excise and revenue collection.

“We’re talking of significant revenue collection, and that is a speciality… The Bill is a framework, it’s important it doesn’t generate uncertainty for an important institution like SARS.

The authority will be governed by a commissioner and overseen by an interministerial consultative committee, a border technical committee and advisory committees.

The SAPS’ Major General David Chilembe says the Constitution says South Africa must have a single police force. He says it may have to be amended if the new border authority takes over policing duties.

Chilembe also says the police, and not Home Affairs, should lead the new entity. Source: EWN.

by Mike Poverello

BMA – to be first order of business when Parliment re-opens

Lebombo+border+postA “Unified border guard and authority” will be one of the first orders of business when Parliament opens for the third quarter of the year.

On the agenda for the portfolio committee on home affairs is “processing the Border Management Authority Bill — which‚ a statement noted‚ is a modified name as “the authority was called the agency in the former draft of the bill”‚ it said at the weekend.

It was necessitated by “inefficiencies resulting from having many government departments co-ordinating, and often duplicating, the securing of SA’s land‚ sea and air borders,” which “have contributed to the porous 5,244km border”.

“The bill and related authority aim to centralise the border-related responsibilities of‚ amongst others‚ the Department of Home Affairs‚ the South African National Defence Force and Police Service‚ Customs of the South African Revenue Service as well as aspects of the Departments of Agriculture‚ Environment and Health‚” the committee said in the statement.

After briefings‚ public hearings and written submissions‚ it is “likely to be finalised in the last quarter of 2016 or early in 2017”.

Also on the committee’s plate is “reliable higher bandwidth network services” needed by the Department of Home Affairs “to facilitate the expanded roll-out of technology-driven service delivery improvements”.

“These include paperless applications for more secure smart identification cards and passports as well as online visa and permits processes. The Department of Home Affairs has experienced challenges with the network services provided by the State Information Technology Agency and is in the process of seeking alternatives.” Source: Buisness Day Live

by Mike Poverello

WCO facilitates Data Model training for SARS

WCO Data Model Workshop, Pretoria, South Africa, Dec. 2015

SARS’ EDI and Customs Business Systems representatives with WCO Data Model facilitators Mr. Giandeo Mungroo (2nd from the left) and Ms. Sue Probert (2nd from the right) [Photo – SARS]

Officials of the South African Revenue Service (SARS) last week attended a WCO workshop on the Data Model facilitated by Ms. Sue Probert and Mr. Giandeo Mungroo. The event, held in Pretoria, South Africa was sponsored by the CCF of China as part of the WCO’s Capacity Building endeavours to promote the adoption and use of customs standards and best practice amongst it’s  member states.

The workshop was requested by SARS ahead of new technical and systems developments and requirements informed by SARS’ new Customs Control and Duty Acts. Moreover, there are also political ambition to institute a Border Management Agency for the Republic of South Africa. All of this requires that SARS Customs has a robust electronic tool to assist the organisation in mapping national data requirements according to specific needs.

Besides the use of a value added Data Model tool – GEFEG, it is imperative for the organisation to develop capacity in the knowledge and understanding of the WCO Data Model. SARS has successfully EDI (Electronic Data Interchange) for the last 15 years with various local supply chain trading partners and government agencies. Over the last few years SARS has been actively pursuing and promoting IT connectivity with regional trading partners with the express purpose to extend the benefits of eCommerce across borders.

GEFEG.FX software is used to model data formats and develop implementation guidelines for data interchange standards such as UN/EDIFACT. It is a software tool that brings together modelling, XML schema development, and editing of classic EDI standards under a unified user interface, and supports the development of multilingual implementation guidelines.

Version 3 of the WCO Data Model brought about a distinct shift towards an ‘all-of-government’ approach at international borders with the introduction of the GOVCBR (Government Cross Border Regulatory) message. The message and underlying data requirements facilitate the exchange of customs and other government regulatory information to support a Single Window environment.

WCO Data Model not only includes data sets for different customs procedures but also information needed by other Cross-border Regulatory Agencies for the cross-border release and clearance at the border. The WCO Data Model supports the implementation of a Single Window as it allows the reporting of information to all government agency through the unique way it organizes regulatory information. This instrument is already 10 years old and is seeing increased use by WCO members.

Amongst the benefits derived from the workshop, SARS staff acquired the following competencies that will not only aid their work but business user support as well –

  • Competence in operating the tool to build a source control collaborative environment to support national and regional harmonization;
  • Competence to build a base to conduct national/ regional data harmonization based on the WCO Data Model to support national Single Window implementation as well as Regional Integration;
  • Competence to build systems/ electronic interfaces between Customs and its partner government agencies including a Border Management Agency; and
  • Provide needed competence to develop, maintain and publish national and regional information packages based on the WCO Data Model.
by Mike Poverello

Border Management Agency (BMA) Bill introduced into Parliment

The BMA Bill No.39058Cabinet [has] approved the introduction of the Border Management Agency (BMA) Bill, 2015 into Parliament. The Bill aims to establish the BMA, which will balance secure cross-border travel, trade facilitation and national security imperatives within the context of South Africa’s regional, African and international obligations. This single authority for border law enforcement provides the potential for more cost-effective services, enhanced security and better management of the border environment. Source: Statement on the Cabinet meeting of 23 September 2015 (SA Government)

by Mike Poverello

The BMA Bill – a little more for stakeholders to ponder over

The BMA Bill No.39058In recent months ‘Joe Public’ has witnessed developments relating to new visa requirements regarding international travel to and from South Africa. Tourism and the hospitality industry have been impacted in no small way while government has now established a committee to investigate the claims to the effect that the country’s tourism industry has been severely impacted.

It is now commercial trade’s time to consider the next set of legal requirements emanating from the Department of Home Affairs which, in the main, affect legislation under other departments and organ’s of state – in particular SARS Customs. Interested parties can find/download the document by clicking the link http://www.gpwonline.co.za/ and searching for eGazette No.39058.

In essence function of the Border Management Agency (BMA) Bill is – To provide for the establishment, organisation, regulation and control of the Border Management Agency; to provide for the transfer, assignment, and designation of law enforcement border related functions to the Border Management Agency; and to provide for matters connected thereto.

Be sure to digest the content of the Schedules to the Bill which contain the extent of the ‘meat’ and authority which the proposed Border Management Agency will exert if, or once approved. The Department of Home Affairs (DHA) invites comments to the draft Bill which must reach DHA no later than 14 September 2015.

by Mike Poverello

New life for Legacy Software as NZ Customs Border Project falters

Customs 175 Years Seal

Customs 175 Years Seal

A new NZ$140 million border management system was supposed to replace and retire twenty year old software but New Zealand’s Customs Service is now describing the legacy CusMod system as “suitable for continued use” after server and software upgrades.

In a hearing on Budget estimates before Parliament’s Foreign Affairs, Defence and Trade committee, Customs was unable to set a date for retirement of the old system even after having spent NZ$104 million so far on its replacement.

In 2007, Customs said there was a significant risk CusMod couldn’t continue to respond to changes in global trade and travel, continue to manage emerging risks such as international crime or meet revenue collection objectives.

Eight years later, the agency is told Parliament “very large” amounts of information are still stored in CusMod, it is still considered an important tool and will be retained “for the time being”.

The hearing also revealed the planned second tranche of the Joint Border Management System (JBMS) project, focusing on risk and intelligence, will not proceed as planned and is being replaced with modular implementations with no specified delivery date.

Customs also explained that “legal discussions” were required to manage the agency’s relationship with vendor IBM and to recast the original JBMS contract.

The first tranche of the JBMS started life with a budget of just NZ$75.9 million and was to be completed by the end of 2012, but Customs Minister Nicky Wagner is denying suggestions of a budget blowout.

Wagner said the project was within budget, and additional funding was not expected to be sought.

“The minister commented that the combined cost for tranche one and two was originally planned to total NZ$140 million, and NZ$104 million has been expended so far,” the committee’s report says.

Customs assured the committee the completed JBMS would meet the aspirations of functionality set out in 2011. The project is expected to be completed by 2015/16. Source: ZDnet.com

by Mike Poverello

US Customs to assist exporters in resolving disputes with foreign customs

CBP logoU.S. Customs and Border Protection (CBP) published a Federal Register Notice inviting U.S. exporters to request CBP’s assistance in resolving disputes with foreign customs agencies over the tariff classification or customs valuation of U.S. exports. CBP explains that it is willing to assist U.S. exporters with these disputes under the auspices of the World Customs Organization (WCO). CBP is very active at the WCO and regularly participates in meetings concerning the application of the Harmonized Commodity Description and Coding System (HS System) and the World Trade Organization’s (WTO) Customs Valuation Agreement (CVA). According to CBP, this process was helpful in providing a successful outcome for clients who disputed a foreign customs agency’s classification of imported goods.

Tariff Classification
CBP represents the United States at meetings under the auspices of the International Convention on the Harmonized Commodity Description and Coding System (“HS Convention”). The HS Convention is the international agreement that provides that WCO Members will implement the HS System and comply with decisions of the various committees organized under the convention. CBP attends semiannual meetings of the WCO’s Harmonized System Committee (HSC), where contracting parties to the HS Convention examine policy matters, make decisions on classification questions, settle disputes, and prepare amendments to the HS System and its Explanatory Notes.

Article 10 of the HS Convention governs disputes between contracting parties concerning the interpretation or application of the HS Convention. The article provides that parties with potential disputes should first try to settle the dispute through bilateral negotiations. If such negotiation cannot resolve the dispute, the parties may refer the dispute to the HSC for its consideration and recommendations. The HSC, in turn, refers irreconcilable disputes to the WCO Council for its recommendations.

Customs Valuation
CBP represents the United States at the WCO with respect to issues arising under the CVA. Pursuant to Annex II to the CVA, the WCO’s Technical Committee on Customs Valuation (TCCV) is authorized to examine specific problems arising from the customs valuation systems of WTO Members. The TCCV is responsible for examining the administration of the CVA, providing WTO Members with advisory opinions regarding particular customs valuation issues, and issuing commentaries or explanatory notes regarding the CVA. Like the HSC, the TCCV may get involved in disputes amongst foreign customs agencies. CBP stands willing to help U.S. exporters with these disputes. This process may provide U.S. exporters with a faster procedure to resolve disputes than a typical WTO dispute.

CBP’s Role at the WCO May Resolve Export Issues for U.S. Exporters
CBP states in the notice that its communication with other customs administrations through the meetings of the HSC and TCCV at the WCO can “often serve to eliminate or resolve export issues for U.S. traders.” As an example, in 2014, a U.S. exporter notified CBP of a foreign customs administration’s misclassification of its textile exports. The U.S. exporter requested that pursuant to Article 10 of the HS Convention, CBP (1) contact the foreign customs administration to resolve the tariff classification dispute; and (2) refer the matter to the HSC at the WCO, if it could not be resolved bilaterally. After confirming it agreed with the U.S. exporter’s position, CBP engaged the foreign customs administration directly. Within seven months of the exporter’s request, CBP secured a favorable decision by the foreign customs administration to classify the merchandise in a manner consistent with the U.S. position. Consequently, the U.S. exporter obtained correct tariff treatment of its imported merchandise in the foreign country as a result of CBP’s engagement.

Source: http://www.internationaltradecomplianceupdate.com/