Border Posts, Checkpoints and Intra-African Trade

You may recall earlier this year the African Development Bank and the WCO agreed to a partnership to advance the economic development of African countries by assisting Customs administrations in their reform and modernization efforts.

The AfDB’s regional infrastructure financing and the WCO’s technical Customs expertise will complement each other and improve the efficiency of our efforts to facilitate trade which includes collaboration in identifying, developing and implementing Customs capacity building initiatives by observing internationally agreed best practice and supporting Customs cooperation and regional integration in Africa.

In addition, the partnership will seek to promote a knowledge partnership, including research and knowledge sharing in areas of common interest, as well as close institutional dialogue to ensure a coherent approach and to identify comparative advantages as well as complementarities between the WCO and AfDB. Customs professionals, trans-national transporters and trade practitioners will find the featured article of some interest. It provides a synopsis of the key inhibitors for trade on the continent, and will hopefully mobilise “African expertise” in the provision of solutions and capacity building initiatives.

Moving goods efficiently to inland cities – a case for inland container depots

Port of Agapa, NigeriaNearly one in three African countries is landlocked, accounting for 26% of the continent’s landmass, and 25% of the population, or more than 200 million people, indicating that current population growth trends, including the development of population megacities distant from coastal locations will become powerful drivers of inland markets.

At the 3rd Annual Africa Ports, Logistics & Supply Chain Conference, APM Terminals’ Director of Business Development and Infrastructure Investments for the Africa-Middle East Region, Reik Mueller stated that “Ports will compete to become preferred gateways to move goods efficiently to inland cities and landlocked countries” Mr. Meuller added that “The future prosperity of these nations depends on access to the global economy and new markets; high-growth markets need inland infrastructure and logistics capabilities along development corridors. The ports that can provide the best and most efficient connectivity to those Inland markets will be the winners”.

Citing the recent success in reducing port congestion through Inland Container Depots (ICDs) now in operation outside of the APM Terminals operated port of Luanda, Angola, the Meridian Port Services joint venture in Tema, Ghana, and the ICD which was opened four km from APM Terminals Apapa, the busiest container terminal in Nigeria and all of West Africa, Mr. Mueller made the case for integrated transportation solutions, “Importers are not going to wait for improved infrastructure; the cargo will simply move to other ports” said Mr. Mueller.

Mueller described a new model for transportation planning and development in West Africa in which port and terminal operations shift focus from “container lifts” toward “integrated container transport solutions. Dry ports and inland markets are the untapped, overlooked opportunity markets of the future in Africa”. Now ain’t this a contrast to views on the southern tip of the continent – the continent’s biggest port without efficient inland corridors and networks must jeopardize investor confidence not to mention export profitability.   Sources: DredgingToday.com, PortStrategy.com and Greenport.com.

Who Will Be Africa’s Brazil?

Will there ever be an “African Brazil”? Who will that be? Angola? Congo? Ethiopia? Nigeria? South Africa? Flip that question: what will it take for an African country to become a new Brazil? A lot. First, it will take governments that do not spend or borrow too much, and independent central banks that keep inflation low. That is, the first order of business is a stable “macroeconomic framework.” Brazil managed to do that, but only after decades of rampant inflation and financial crises. Many African countries are making progress in that direction, but none is quite there. Read this objective review by Marcelo Giugale, World Bank’s Director of Economic Policy and Poverty Reduction Programs for Africa. Source: The Huffington Post

Special Economic Zones – how special?

Despite having burned its fingers with Industrial Development Zones (IDZs), which involved a few fiscal benefits (shrouded in legalese) and billions in infrastructure, Trade and Industry has gone into overdrive to push its new policy on special economic zones (SEZs). It has relaxed ‘locality’ for one, i.e. such zones need not be located in close proximity to an international port or airport. Moreover, SEZs are now being promoted to ‘compliment’ existing IDZs and not replace them as was erroneously suggested in an earlier post.

While the South African Department of Trade and Industry (the dti) is conducting public hearings on the matter, it is perhaps relevant to consider what the Free Market Foundation (FMF) – a think-tank on limited government and economic freedom – has to say on the matter. The content of the report might well attract support from some in the business community involved with manufacturing, distribution and logistics. Read the FMF’s evaluation of the dti’s SEZ Policy here!

While there are not many trade remedies available to local business many prospective requests have over the last decade been presented to establish so-called distribution centres/hubs and ‘virtual bonded warehouses’, which have not borne much fruit mainly due to the lack of a legal framework for their operation. Moreover, in government there is always a cautious resistance to liberalisation in customs and trade laws (they directly impact the fiscus) in the absence of viable risk mitigation strategies or remedies. Perhaps it has something to do with the dwindling public sector skills and experience levels available to conduct effective audits; although, the big audit firms would readily contest this and advocate the outsourcing of such function to the private sector. As the development of more sophisticated systems in SARS come on stream, ICT will no longer be an obstacle. Through increased automation comes the availability of additional human resources who can be up-skilled to perform audit work. Both Tax and Customs Modernisation programmes bare testimony to this.

The establishment of the IDZ programme (circa 2000) was fraught with inter-departmental tensions around the so-called benefits and concessions to be made available to foreign investors. The lack of a clear framework did not allow for much ‘liberalisation’ of controls and fiscal benefits. In fact the customs dispensation offered procedures and facilities to IDZs identical to that available in the national customs territory. Tax holidays and relaxed red tape are characteristic of some of the more successful SEZs around the world, as the article will attest. The dti’s latest SEZ Bill and Policy do not hint to any great length how things will be different this time round. There is however some firm calls within government to consider relaxed labour regulations – the test however lies in whether the policy makers have the appetite (or vision) to permit liberalisation in this area. I have a simple view on this matter – (i) create a favourable economic environment focusing development on SMMEs and entrepreneurship, and (ii) get the standard customs procedures and controls right through modernisation and there will be no need for ‘tax holidays’ and economic zones in this country!

WCO/SACU – IT Connectivity and Data Exchange

WCO-SACU IT Interconnectivity and Data Exchange Conference

On the occasion of International Customs Day, in January earlier this year, the World Customs Organisation dedicated 2012 as the year “Connectivity”, which encapsulates people connectivity, institutional connectivity and information connectivity among the members of the global Customs community.

Over the last week and a half delegates from the WCO, SACU, UNCTAD, SADC and COMESA have been hosted at SARS, Pretoria to discuss and deliberate over an approach to implement ‘IT connectivity’ within the Southern African region. During the first week representatives from UNCTAD, SACU and SARS were briefed on important developments at the WCO on IT-Interconnectivity and Information Exchange. We were privileged to have Mr. Satya Prasad Sahu, Technical officer from the WCO – a leading expert in all matters of ICT in international customs matters – present the developments towards finalisation of a future international customs standard called “Globally Networked Customs” (GNC). It entails a structured approach that will enable customs authorities to formulate and document bilateral or regional ‘standards’ on a variety of Customs-to-Customs topics, for instance Authorised Economic Operators, Cross Border Information Exchange, Risk Management, etc. A representative from UNCTAD presented a synopsis of the proposed ‘cloud computing solution’ which the Trans Kalahari Corridor (TKC) plans to pilot between Namibia and Botswana along the TKC route in the next few months. During the course of this week, delegates , under the guidance of Satya, prepared a proposed approach for information exchange between members of the Southern African Customs Region. This document is based on the GNC Utility Block structure (defined by the ad Hoc Committee on Globally Networked Customs at the WCO) and served as the basis for discussion for Week 2.

Mr. SP Sahu (WCO) and delegates from SACU SecretariatWeek 2 saw the arrival of customs and IT representatives from COMESA, SADC, UNCTAD, SACU as well as a delegation from Mozambique Customs. Mr. Sahu was invited to chair the session, given his vast experience on the subject matter as well as international experience in national and regional customs ICT programmes. Delegates were treated to various lectures on the GNC, a comprehensive overview of developments on ASYCUDA (Customs solution developed by UNCTAD), various updates from within the customs region – Botswana, Namibia, Lesotho, Swaziland, Mozambique and SARS. Beyers Theron informed delegates of ongoing developments of the SARS Customs Modernisation Programme as well as key implications for neighbouring countries. SARS presented a live demonstration of SARS’ Service Manager solution, navigating through all the functionality now available to SARS Customs officials. Of significant interest to all was the new iPod inspection tool. This technology is given prominent feature in the latest edition of WCO News.

A large portion of the week was, however, spent on deliberating the proposed scope and content of the draft Utility Block on Information Exchange in the Southern African Region. Significant progress was been made to attain first, a common understanding of the scope as well as the implications this has for participating countries. Delegates will return home with a product with which to create awareness and solicit support in their respective countries. Over the next few months SARS will engage both SACU and SADCOM (combined SADC and COMESA trading blocs) to establish firm commitments for information exchange with customs administrations in these regions. This conference is significant for SARS and South Africa as a whole as it provides a uniform, standardised and practical approach for engagement with other international trading partners. To view photographs of the conference please click here!

WCO News – February 2012 Edition

WCONews Edition February 2012Herewith a link to the latest edition of WCO News, providing a wealth of customs news and developments from across the globe. This edition focuses almost entirely on regional initiatives involving C-2-C information exchange. On pages 20 to 22 you’ll read about new developments emerging on customs inter-connectivity and information exchange in the Southern African Region. At this time, a conference lead by the WCO, involving representatives from UNCTAD, SACU, SADC and COMESA and SARS is taking place in Pretoria to establish a firm framework for introduction of customs information exchange. I will devote a dedicated article on these developments shortly, as this has implications for the business community as well. Also, don’t miss the feature on South Africa’s modernisation developments, pages 29 and 30. Besides the usual editorials this edition includes –

  • WCO Secretary General launches Year of Connectivity.
  • Evolving technology landscape and its impact on Customs.
  • Latest developments in Latin America, Southern Africa and Europe.
  • West Africa implements airport task forces to fight drug trafficking.
  • South Africa to roll out mobile Customs controls.
  • Operation “Short Circuit” successes and challenges.
  • WCO Tariff and Trade Affairs Directorate

Financial pinch affects CBP’s modernisation and developmental capacity

The US Bureau for Customs and Border Protection  has money to run commercial trade processing system (ACE) but not expand it. Customs and Border Protection has US $140 million to operate and maintain a commercial trade processing system, but there’s no money in the 2012 budget to further develop the program. The lack of development money, particularly for the simplified entry process, has caused concern amongst business community members. Simplified entry is something that Customs and the trade community are looking for to further automate import processing and lower transaction costs. Source: USCBP

SAD Story – Part 2

What is clear in regard to modern day business is the fact that ‘harmonisation’ in the international supply chain is essentially built around ‘data’. E-commerce has been around for decades, plagued by incompatibilities in messaging standards, and computer software, network and hardware architecture. However, one of the key inhibitors has been organisations and administrations having to adhere to domestic ‘dated’ legislation and so-called standard operating procedures – seemingly difficult to change, and worst of all suggesting that law has to adapt!

A lot has had to do with the means of information presentation (format) and conveyance (physical versus electronic) rather than the actual information itself. Standards such as the UN Layout key sought to standardise or align international trade and customs documentation with the view to simplifying cross-border trade and regulatory requirements. In other words, each international trade document being a logical ‘copy and augmentation’ of a preceding document.  This argument is still indeed valid. The generally accepted principle of Customs Administrations is to maximise its leverage of latent information in the supply chain and augment this with national (domestic) regulatory requirements – within a structured format.

The Single Administrative Document (SAD) was itself borne out of this need. The layout found acceptance with UNCTAD’s ASYCUDA which used it as a marketing tool (in the 1990’s) in promoting ‘What-You-See-Is-What-You-Get’ (WYSIWYG). It certainly provided a compelling argument for under-developed countries seeking first-time customs automation. Yet, the promise of compatibility with other systems and neighbouring customs administrations has not lived up to this promise.

Simultaneous to document harmonisation, we find development of the Customs data model, initially the work of the Group of 7 (G7) nations at the United Nations. Its mandate was to simplify and standardize Customs procedures Customs procedures. In 2002, the WCO took over this responsibility and after further refinement the G7 version became version 1 of the WCO Customs Data Model. Once more a logical progression lead to the inclusion of security and other government regulatory requirements. This has culminated in the recent release of WCO Data Model 3. Take note the word “Customs” is missing from the title, indicating that Version 3 gives effect to its culminating EDI message standard – Government Cross Border Regulatory (GOVCBR) message – an all inclusive message standard which proposes to accommodate ALL government regulatory reporting requirements.

Big deal! So what does this mean? The WCO’s intent behind GOVCBR is as follows –

  • Promoting safe and secure borders by establishing a common platform for regulatory data exchange enabling early sharing of information.
  • Helping co-operating export and import Customs to offer authorized traders end end-to to- end premium procedures and simple integrated treatment of the total transaction.
  • Contributing to rapid release.
  • Elimination redundant and repetitive data submitted by the carrier and the importer.
  • Reducing the amount of data required to be presented at time of release.
  • Reducing compliance costs.
  • Promoting greater Customs Co-operation.

Undertaking such development is no simple matter, although a decision in this direction is a no brainer! Over a decade’s work in the EDI space in South Africa is certainly not lost. Most of the trade’s electronic goods declaration and cargo reporting requirements remain intact, all be they require re-alignment to meet Data Model 3 standard. Over and above this, the matter of government regulatory requirements (permits, certificates, prohibitions and restrictions, letters of authority, etc.) will require more ‘political will’ to ensure that all authorities administering regulations over the importation and exportation of goods are brought into the ‘electronic space’. Some traction is already evident here largely thanks to ITAC and SA Reserve Bank willingness and capability to collaborate. In time all remaining authorities will be brought on board to ensure a true ‘paperless’ clearance process.

So, I digress somewhat from the discussion on the SAD. However, the bottom line for all customs and border authorities, traders and intermediaries is that ‘harmonisation’ of the supply chain operation follows the principal and secondary data required to administer ALL controls via a process of risk assessment, to facilitate release including any intervention required to ensure the compliance of import and export goods. As such even legislative requirements need to enable ‘harmonisation’ to occur otherwise we end up with a non-tariff barrier, uncertainty in decision-making, and a business community unable to capitalise on regional and international market opportunities. Positively, the draft SA Customs Control Bill makes abundant reference to reporting – of the electronic kind.

In Part 3, I will discuss regional ‘integration’ and the desire for end-to-end transit clearance harmonisation.

CBP – An ode in modesty

There’s nothing like beating the breast and extolling the homeland’s unselfish generosity for the benefit of mankind, or am I being facetious? Today’s post on the US Customs and Border Protection‘s website titled “CBP Leads World Customs Organization on Natural Disaster Responsiveness” , is a case in point. The reader is left in no doubt as to who was responsible for recent developments that provide for a Customs role in natural disasters. I read with interest New Zealand Customs‘ role in the Christchurch earthquakes last year – very understated and with empathy for the survivors. The WCO consists over 177 affiliated customs administrations / border agencies each of whom make some form of contribution to it’s various committees and resulting accords or standards. So what if CBP made a major contribution, its a cheap shot to boast at the expense of others who might also have contributed, if not to the same extent. Read the article here!

African Bank and WCO create partnership to strengthen customs administrations

Brussels, 30, January 2012 – The African Development Bank (AfDB) and the World Customs Organization (WCO) will work together, to enhance the capacity of Customs administrations in Africa. This declaration was made today in Addis Ababa, Ethiopia, during the signing ceremony of a comprehensive Memorandum of Understanding, on the margins of the 18th African UnionSummit. The summit, which is taking place in Ethiopia from 23-30 January, is focusing on boosting intra-African trade – an area in which Customs administrations can play a vital role in strengthening national and regional economies in Africa.

The enhanced cooperation between AfDB and the WCO will help advance the economic development of African countries by assisting Customs administrations in their reform and modernization efforts.

The partnership includes collaboration in identifying, developing and implementing Customs capacity building projects by observing internationally agreed best practices and supporting Customs cooperation and regional integration in Africa. For the full article follow this link or the WCO News feed below in the left margin.

Pre-shipment Inspection (PSI) – an antiquated approach

Recently, an organisation called Global Inspection Group (GIG) has advocated PSI – an import verification system – as a solution to counteract South Africa’s trade deficit. The article Import verification would outlaw customs fraud’ alludes to the apparent success of these mechanisms in other African states to support quality and import standards in those countries, respectively. Because South Africa has no verification of imports system ‘it is easy to systematically under-declare goods’, the article states. Furthermore, it mentions that a Finance ministry would benefit from such a system ensuring the collection of the correct duties. [Really? how naive].

South Africa is a free country, and it follows that organisations will go to extremes to secure a business foothold in the country. The question is – to what length and to what end? If any ministry of finance were to rely on a PSI company, it would first disband its customs department, because there is evidently no trust in its frontline and post clearance capability.  Most governments (if not all) are pretty much aware of the broader international customs developments championed by the WCO. In recent years, the WCO has developed several diagnostic studies and programmes – with the option of donor funding if required. There would therefore be no sense or credibility in a government that would persist in pursuance of PSI services for fiscal assurance.

Any trade practitioner and supply chain operator in South Africa will readily confirm the hectic ‘change’ programme which is being pursued under Customs Modernisation. These changes and their associated systematic innovations and efficiencies are by no means the result of government capitulating in the face of illegitimate trade. No, it’s a conscious decision to take responsibility for the problem, and together with the allied trade to improve the situation.

It is therefore high time that such organisations which front themselves with the ‘be-all and end-all’ systems in Customs’ tariff and valuation appraisal rather seek a more practical and benefit-delivering model than one which not only scams governments for service and inspection fees, but also offers no benefit to trade. Included are those BOT vehicles offering governments ‘free’ cargo scanning equipment in exchange for a lucrative inspection fee. None of this is based on risk management and is purely profit focussed. The concept forgoes most if not all, the modern customs principles and standards promoted by the WCO. The buzz word is ‘Capacity Building!’

The reality in all of this should be clear. No private sector entity can replace Customs. Outsourcing in any event would require government to set up a vehicle of its own to ‘ensure’ that the outsourcer is doing his job. If there is a dearth in knowledge and skills, then it is up to government to rectify the situation.  Source: FTW Print version.

Latest Edition – World Customs Journal

Just in time for the Christmas holiday break! A new edition of the World Customs Journal is now available and, per usual, offers a number of excellent papers on current issues and demands facing Customs and Border Control agencies. Professor David Widdowson, editor-in-chief, and head of the Centre for Customs & Excise Studies (CCES) at the University of Canberra, Australia makes some poignant remarks about customs education, research and the application thereof in the modern world –

World Customs Journal - Sept 2011“one very clear message for me is the need to ensure that our research remains demand-driven rather than supply-driven, otherwise it won’t be valued or, worse still, it won’t even be read by those who could potentially benefit from it. In this regard, there is a need to monitor the effectiveness of what we do – to what extent is the theory being translated into practice? To what extent are academic efforts and activities found to be useful by the WCO and its member administrations? To what extent are research findings being applied in a practical sense? This is, in itself, a fertile area for future research.”

These are very pertinent views given the volume of students undertaking these courses, who in many cases work in customs environments (at home) which are seemingly both oblivious and ignorant to the importance of academic knowledge and human intellect. With so much importance and bias on the ICT nowadays, the technical skills and attributes of what makes a good customs and border control official are relegated to secondary importance. Please read the articles

Related article

Another WCO resource for the Customs and Trade Professional

The WCO developed the Revenue Package in response to Members’ concerns in regard to falling revenue returns in the light of the global financial crisis and declining duty rates.

Revenue PackageCollection of revenue has historically been the cornerstone of a Customs administration’s responsibilities. For a number of years, Customs has been actively involved in protection of society and trade facilitation initiatives. More recently, the role of Customs has expanded; issues such as the fight against counterfeiting, counter-terrorism activities and the protection of the environment have featured high on the agenda of international Customs work programmes. Alongside these important topics, revenue collection continues to be an area of concern for Customs administrations. The global financial crisis has led to a downturn in international trade which has inevitably hit government revenues. Additionally, the global trend in the reduction of Customs duty rates, through unilateral, regional, and multilateral trade liberalizations, can potentially have the same effect.

The Revenue Package currently consists of all available tools and instruments relevant to revenue collection. This includes, inter alia, formal instruments and Conventions, guidance notes and training material. Members are encouraged to consult the Package to ensure that necessary requirements have been met and that all relevant material has been obtained by the administration and is being utilized as appropriate.

The Revenue Package is divided into six topics :

  • Topic 1. Facilitation and Procedures
  • Topic 2. Customs Valuation
  • Topic 3. Harmonized System/Nomenclature
  • Topic 4. Origin
  • Topic 5. Compliance and Enforcement
  • Topic 6. Capacity Building and Training

Under each topic, the prime text is referenced, where appropriate. For example, for Topic 1 (Facilitation and Procedures), the Revised Kyoto Convention is the prime text. This is followed by a list of supporting instruments and tools for that topic, providing information on content and availability. Web links are included to provide convenient access to the relevant material, which is either freely available to download or available for purchase from the WCO’s Online Bookshop. Source: WCO.

Price of Modernisation – technology encroachment and people displacement

An interesting dynamic has developed with the introduction of ICT in business. In the customs and trade environment there are a few fundamental objectives around which technology has proven to be effective –

  • Elimination of tedious labour intensive paper delivery and manual distribution processes.
  • The ability to generate more work, in dramatically shorter timeframes thereby improving customer expectation and service delivery.
  • Seamless replication of a common message or instruction across a broad spectrum of stakeholder’s networks to enable better planning and execution of ‘the next steps’ in the supply chain process.
  • Rules driven automated processes that eliminate human intervention and more specifically, human intuition. Why? Because people make mistakes.

We see this everywhere. Electronic trading with your bank, customs broker, revenue service, or online shopping store. All these enterprises have developed (and to a large degree perfected) complex rules-based systems which work effectively 90% of the time. Your trouble occurs if your transaction happens to fall into the 10% category. Once again companies have recognised that there is a role for people to play. It also happens to be a conditioned environment based on the principle of tiers and handovers – the Call Centre. This is where the ‘customer’ generally encounters an ignoramus at first; and hopefully, through the process of escalation, finally speaks to someone with the knowledge to assist and resolve the enquiry. All the same, this is a faceless experience and the chances are you may never get to speak to that ‘consultant’ again, in the time of need.

In time the branch offices will close, with online facilities having become the way of life. No more need for the maintenance of real estate, storage vaults for paper records, and costly expenditure on people you once grew fond of as your local branch manager and friendly staff. Peace of mind has given away to convenience. The extent of technological advancement in many organisations is such that with payment mechanisms all being electronic, any impact or potential for disruption to day-to-day operations is virtually negated in the event of industrial action. The cost to business benefit of a new system far out-weighs the onerous responsibility of maintaining a traditional branch office – it’s a no-brainer!

In as much as man has been weary of progress since the invention of the wheel, so today, the average employee questions the rationale of it all, and where his/her future lies. And herein lies the dilemma – what to do with all the displaced people. In the private sector it’s rather simple (if not tragic) – just retrench the excess. For government departments and parastatal organisations, i.e. semi-autonomous branches of government, it’s not that easy. Nobody can be put out onto the street. It is therefore up to individual employees to consider their options. It’s time to wake up, you are still fortunate. Bursary programmes are available, so seek out an opportunity to improve your lot in life, perhaps in a totally different field from the one you have become accustomed to.

SARS Customs officials graduate

Customs Canberra Graduates 2011Twenty-four SARS officials, including senior managers and team leaders, were awarded certificates, diplomas and degrees by the University of Canberra following their successful completion of International Customs Law and Administration programmes. Professor Creck Buyonge of the University of Canberra and members of the SARS executive attended the ceremony. The graduates, from HR, Customs Operations, Customs Border management and Legal and Policy, were presented with their awards by Professor Buyonge and SARS executives at a special ceremony. (Creck Buyonge regularly authors articles on customs developments in Africa for WCONews)

Professor Creck Buyongi - Canberra UniversityProfessor Buyonge, who heads up the programme, said the ceremony was a special moment for the graduates and the culmination of their hard work and commitment. He thanked SARS for the support given to the candidates and said that this showed how SARS values its people.

The postgraduate courses offered by the Canberra University are for people who wish to pursue a career in customs and border management. They cater for current and future managers of customs administrations and other trade professionals who wish to expand their knowledge of international trade and customs issues. The courses provide the necessary skills and knowledge to help organisations meet the demands of today’s dynamic global economy. The latest theory and practice in international trade, customs and excise management, and ongoing research activities, ensure that the courses reflect the business of customs. No pre-existing legal qualification or experience is required to undertake these courses. Check out the University of Canberra website at http://customscentre.canberra.edu.au/ Source: SARSNews.