Category / Single Window

by Mike Poverello

WCO announces the passing of Bill Nolle – proponent of the WCO Data Model

Australian Customs hosted visits from three international experts on trade data harmonisation - Bill Nolle, Dietmar Jost and Eric Sunstrum.

Australian Customs hosted visits from three international experts on trade data harmonisation – Bill Nolle, flanked by Dietmar Jost and Eric Sunstrum of the WCO.

It is with sadness we [WCO] learnt that our former colleague, the former Chairperson of the DMPT passed away on 29 December 2012 after a brief period of illness. He was fighting a very aggressive cancer.

Bill Nolle was a fabulous contributor to our [WCO] area of work and he has left his imprint in many aspects of our work at the Data Model Project Team and the Information Management Sub Committee. Version 3.0 of the WCO Data Model owes its richness and quality thanks to Bill’s splendid contribution. Bill authored the WCO Single Window Data Harmonization Guidelines/ UN/CEFACT Recommendation 34.  We [WCO] owe it to Bill the methodology of Gather-Define-Analyze-Reconcile for data simplification and harmonization. Bill brought passion to his work. His speeches and interventions were always intense and engaging and he will be missed in his professional environment.

His legacy includes an eLearning module in which you can hear him explain how data harmonization was carried out in Jordan. The module remains a favorite for the professional users and trainers alike.

Bill retired from US Customs and Border Protection where he worked for 30 years. He and his wife moved to the Outer Banks from Frederick, MD in 2009, to be near the beach that he loved. At the time of his death he was employed by Nathan Associates Incorporated and Crown Agents as a consultant. Bill travelled extensively during his tenures with US Customs and Border Protection, Nathan Incorporated, and Crown Agents, making friends on each continent in the world.

The following obituary was posted by a colleague in Jordan –

Bill has been a breath of fresh air that visited our country (Jordan), every once in a while as Customs Consultant. He was an inspiration and a driving force to all,  giving advice when needed, and always willing to help. A proud husband, father and (Opa), that we felt his family was our own, Not to forget, a professional Pita Bread baker,  we were hoping to someday try. One would think, God loved him so,  and wanted him closer more. Bill will always be in our hearts,  a father figure, a teacher, and a colleague holding one of the greatest hearts I’ve known. My deepest condolences to his loving family, and may he rest in peace.   Posted by: Juliette Najjar – Amman – Jordan – Friend / Colleague   Jan 17, 2013.

Sources: WCO, Gallup Funeral Services, and www.tributes.com

by Mike Poverello

Nigerian Customs to host Single Window Feasibility Conference

Single-Window-SystemThe Nigeria Customs Service (NCS) has concluded plans to hold a conference on Single Window feasibility study findings where the national single window roadmap, implementation plan and key recommendations will be analysed.

The conference will occur in Lagos from 11 to 12 December, 2012, during which organisational, financial and cost benefit analysis for the proposed single window solution will also be analysed. The conference will address issues in areas such as business process, data harmonisation, ICT readiness of stakeholders, legislation, stakeholder relations and change management.

Feedback from all stakeholders is also expected to be collected and validated at the forum for the conclusion of the feasibility study. Furthermore, the conference is designed for policy makers, government officials, business managers, analysts, service providers, representatives of international agencies working in the field of trade facilitation, members of the academia as well as experts in trade and e-business. Source: Leadership (Abuja)

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by Mike Poverello

Reform by Numbers – a reference work on Customs reform

The word ‘reform’ is a constant in the daily life of a customs officer. No customs administration among the 177 members of the World Customs Organization has not had a reform program in progress or planned. This is ultimately quite normal.A new World Bank publication “Reform by Numbers” will no doubt appeal to customs and tax reform experts and change agents.

It was written in the context of new and innovative policies for customs and tax administration reform. Eight chapters describe how measurement and various quantification techniques may be used to fight against corruption, improve cross-border celerity, boost revenue collection, and optimize the use of public resources. More than presenting ‘best practices’ and due to the association of academics and practitioners, the case studies explore the conditions under which measurement has been introduced and the effects on the administrative structure, and its relations with the political authority and the users. By analyzing the introduction of measurement to counter corruption and improve revenue collection in Cameroon, two chapters describe to which extent the professional culture has changed and what effects have been noted or not on the public accountability of fiscal administrations. Two other chapters present experiments of uses of quantification to develop risk analysis in Cameroon and Senegal.

By using mirror analysis on the one hand and data mining on the other hand, these two examples highlight the importance of automated customs clearance systems which collect daily extensive data on users, commodities flows and officials. One chapter develops the idea of measuring smuggling to improve the use of human and material resources in Algeria and nurture the questioning on the adaptation of a legal framework to the social context of populations living near borders. Finally, two examples of measurement policies, in France and in South Korea, enlighten the diversity of measurement, the specificities of developing countries and the convergences between developing and developed countries on common stakes such as trade facilitation and better use of public funds.

The “gaming effect” is well known in literature about performance measurement and contracts performance, because there is a risk of reduced performance where targets do not apply, which is detrimental to the overall reform. It is crucial to keep in mind that, by themselves, indicators “provide an incomplete and inaccurate picture” and therefore cannot wholly capture the reality on the ground. Measurement indicators must be carefully chosen to ensure that knowledge is being uncovered.

Measurement, for purposes of reform, should not be “copied and pasted” from one country to another. Due consideration must be given to the varying aims of the customs service and the specific political, social, economic, and administrative conditions in the country.

Measurement applied to experimentation is also about how donors, experts, and national administrations work together. On the one hand, national administrations in developing countries ask for technical assistance, standards, and expertise that are based on experiences of developing countries and use experts from such countries.These requests encourage the dissemination of such models. On the other hand, reforms of customs or tax administrations are represented as semi-failures in terms of the initial expected outcomes set by donors and politicians – usually the end of a reform is the time when donors and local administrations become aware of the gaps of their own representations of success.

While scientific and academic in approach, lets hope it means more than just miserable experimentation in target countries.

The book is available for free reading online – www.scribd.com or you can purchase from amazon.com.

by Mike Poverello

Building hard and soft infrastructure to minimise regional costs

I post this article given it ties together many of the initiatives which I have described in previous articles. The appears to be an urgency to implement these initiatives, but the real question concerns the sub-continent’s ability to entrench the principles and maintain continuity. At regional fora its too easy for foreign ministers, trade practitioners and the various global and financial lobbies to wax lyrical on these subjects. True there is an enormous amount of interest and ‘money’ waiting to be ploughed into such programs, yet sovereign states battle with dwindling skills levels and expertise. Its going to take a lot more than talk and money to bring this about.

South Africa is championing an ambitious integration and development agenda in Southern Africa in an attempt to advance what Trade and Industry Minister Rob Davies describes as trade and customs cooperation within the Southern African Customs Union (SACU), the Southern African Development Community (SADC) and other regional trade organisations.

Central to pursuing this intra-regional trade aspiration are a series of mechanisms to combine market integration and liberalisation efforts with physical cross-border infrastructure and spatial-development initiatives. Also envisaged is greater policy coordination to advance regional industrial value chains. “Trade facilitation can be broadly construed as interventions that include the provision of hard and soft infrastructure to facilitate the movement of goods, services and people across borders, with SACU remaining the anchor for wider integration in the region,” Davies explains.

This approach is also receiving support from the US Agency for International Development (USAid), which recently hosted the Southern African Trade Facilitation Conference, held in Johannesburg.

Trade programme manager Rick Gurley says that virtually every study on trade in sub- Saharan Africa identifies time and cost factors of exporting and importing as the most significant constraints to regional trade potential. Limited progress has been made by SADC member States and SACU partners to tackle the factors undermining trade-based growth, limiting product diversification and increasing the price of consumer goods, including of foodstuffs. However, far more would need to be done to realise the full potential of intra-regional trade.

Regional Alliance
One high-profile effort currently under way is the Tripartite Free Trade Area (T-FTA), which seeks to facilitate greater trade and investment harmonisation across the three existing regional economic communities of the SADC, the Common Market of Eastern and Southern Africa and the East African Community.

The existing SADC FTA should be fully implemented by the end of the year, with almost all tariff lines traded duty-free and, if established, the T-FTA will intergrate the markets of 26 countries with a combined population of nearly 600-million people and a collective gross domestic product (GDP) of $1-trillion. At that size and scale, the market would be more attractive to investors and could launch the continent on a development trajectory, Davies avers. It could also form the basis for a later Africa-wide FTA and a market of some $2.6-trillion.

However, as things stand today, intra- regional trade remains constrained not merely by trade restrictions but by a lack of cross-border infrastructure, as well as poor coordination and information sharing among border management agencies such as immigration, customs, police and agriculture.Cross-national connectivity between the customs management systems is also rare, often requiring the identical re-entry of customs declarations data at both sides of the border, causing costly and frustrating delays.

USAid’s regional economic growth project, the Southern African Trade Hub, is a strong proponent of the introduction of several modern trade-facilitation tools throughout the SADC – a number of which have already been successfully pioneered. These tools, endorsed by the World Customs Organisation (WCO) Framework of Standards, which offers international best-practice guidelines, are aimed at tackling the high costs of exporting and importing goods to, from, and within Southern Africa, which has become a feature of regional trade and discouraged international investment.

Bringing up the Rear
A country’s competitiveness and the effec- tiveness of its trade facilitation regime are measured by its ranking on World Bank indices and, with the exception of Mozambique, Southern African States perform poorly – with most in the region settling into the lowest global quartile of between 136 and 164, out of a total of 183. “Our transaction costs in Africa across its borders are unacceptably high and inhibit trade by our partners in the private sector,” says WCO capacity building director Erich Kieck. “We need our States to develop good ideas and policies, but the true test lies in their ability to implement them,” he notes.

He adds that not only does trade facilitation require efficient customs-to-customs connectivity, but also demands effective customs-to-business engagement, adding that, while customs units are responsible for international trade administration, they are not responsible for international trade. “The private sector is the driver of economic activity and international trade, and government’s responsibility is to understand the challenges faced by the business community and develop symbiotic solutions,” Kieck notes.

Despite the establishment of regional trade agreements and regional economic communities in Southern Africa, many partner- ships have failed to deliver on their full potential to increase domestic competitiveness.

In a report, African Development Bank (AfDB) senior planning economist Habiba Ben Barka observes that, despite the continent’s positive GDP growth record – averaging 5.4% a year between 2005 and 2010 – it has failed to improve its trading position or integration into world markets. In 2009, Africa’s contribution to global trade stood at just under 3%, compared with nearly 6% for Latin America and a significant 28% for Asia.

“Since 2000, a new pattern of trade for the continent has begun to take centre stage, as Africa has witnessed an upsurge in its trade with the emerging Brazil, Russia, India and China economies. Overall, Africa is trading more today than in the past, but that trade is more with the outside world than internally,” says Ben Barka. She adds that while many African regional economic communities have made some progress in the area of trade facilitation, much greater effort is required to harmonise and integrate sub-regional markets.

To address enduring trade barriers, consensus among business, government and trade regulators appears to lean towards the adoption of one or a combination of five facilitation tools. These include the National Single Window (NSW), the One-Stop Border Post (OSBP), cloud-based Customs Connectivity, Coordinated Border Management (CBM) and Customs Modernisation Tools.

A National Single Window
NSWs connect trade-related stakeholders within a country through a single electronic-data information-exchange platform, related to cross-border trade, where parties involved in trade and transport lodge standardised trade-related information or documents to be submitted once at a single entry point to fulfil all import, export and transit-related regulatory requirements.Mauritius was the first SADC country to implement the NSW and consequently improved its ranking on the ‘Trading Across Borders Index’ to 21 – the highest in Africa. It was closely followed by Ghana and Mozambique, which have also reported strong improvements.

Developed in Singapore, the benefits of government adoption include the reduction of delays, the accelerated clearance and release of goods, predictable application, improved application of resources and improved transparency, with several countries reporting marked improvement in trade facilitation indicators following the NSW implementation.

In South Africa, the work on trade facili-tation is led by the South African Revenue Service (SARS), which focuses on building information technology (IT) connectivity among the SACU member States, and strengthen- ing risk-management and enforcement measures. However, SARS’ approach to the NSW concept remains cautious, Davies explains. “SARS has considered the viability of this option as a possible technological support for measures to facilitate regional trade, but considers that this would fall outside the scope of its current approach and priorities in the region,” he said.

One-Stop Border Posts
As reported by Engineering News in December last year, effective OSBPs integrate the data, processes and workflows of all relevant border agencies of one country with those of another, which culminates in a standardised operating model that is predictable, trans- parent and convenient. An OSBD success story in Southern Africa is the Chirundu border post, where a collaboration between the Zambia and Zimbabwe governments has culminated in a single structure, allowing officers from both States to operate at the same location, while conducting exit and entry procedures for both countries.

Launched in 2009, this OSBP model is a hybrid of total separation, joint border operations and shared facilities in a common control zone. Implementation of the model has reduced clearance times to less than 24 hours, significantly reduced fraudulent and illegal cross-border activity, enabled increased information sharing between border agencies and reduced the overall cost of export and import activities in the area.

Earlier this year, former South African Transport Minister Sibusisu Ndebele indicated that Cabinet was looking into establishing a mechanism that would bring all border entities under a single command and control structure to address the fragmentation in the country’s border operations, particularly at the high-traffic Beitbridge post between South Africa and Zimbabwe. “The ultimate vision is to create one-stop border operations to facilitate legitimate trade and travel across the borders,” he said.

Customs Connectivity and Data Exchange
Improved connectivity between customs limbs in sub-Saharan Africa has perhaps made the most indelible strides in the region, with improved IT connectivity between States identified as a priority by Sacu.

This includes customs-to-customs inter- connectivity, customs-to-business inter- connectivity and interconnectivity between customs and other government agencies. SACU members have agreed to pursue the automation and interconnectivity of their customs IT systems to enable the timely electronic exchange of data between administrations in respect of cross-border movement of goods. “As a consequence of this acquiescence, we have identified two existing bilateral connectivity programmes as pilot projects to assess SACU’s preferred connectivity approach, cloud computing between Botswana and Namibia and IT connectivity between South Africa and Swaziland,” says SACU deputy director for trade facilitation Yusuf Daya. He adds that a regional workshop was recently convened to explore business processes, functions, data clusters and the application of infrastructure at national level to improve and develop intra-regional links.

Coordinated Border Management
The SADC has been a strong proponent of CBM efforts in the region, which promotes coordination and cooperation among relevant authorities and agencies involved in, specifically, the protection of interests of the State at borders. “The union has drafted CBM guidelines for its members on implementation, based on international best practice, and has received indications of interest from several member States,” explains SADC Customs Unit senior programme officer Willie Shumba.He adds that CBM is a key objective of regional integration, enabling the transition from an FTA to a customs union and, eventually, to a common market, through effective controls of the internal borders.

Customs Modernisation
South Africa’s customs modernisation initiative is well advanced and came about following Sars’ accession to the WCO’s revised Kyoto Convention in 2004, which required customs agencies to make significant changes to it business and processing models. These changes included the introduction of simplified procedures, which would have fundamental effects on and benefits for trade and would require a modern IT solution.

Since its inception, the SARS Customs Modernisation Programme has gained tremendous momentum, with amendments to the Passenger Processing System and the replacement of SARS’s Manifest Acquittal System in the Automated Cargo Management system. Further adjustments were made to enable greater ease of movement of goods, faster turnaround times and cost savings, as well as increased efficiency for SARS. This phase included the introduction of an electronic case-management system, electronic submission of supporting documents, the centralisation of back-end processing in four hubs and an electronic release system and measures to enhance the flow of trucks through borders – in particular at the Lebombo and Beitbridge borders.

Proper Planning
AfDB’s Ben Barka warns that, prior to the implementation of any border improvement efforts by countries in Southern Africa, a thorough analysis and mapping of each agency’s existing procedures, mandate and operations should be undertaken.“Based on these findings, a new set of joint operational procedures need to be agreed upon by all involved agencies and must comply with the highest international standards,” she says.

Development coordination between States is essential, as the largest disparity among regional groupings, in terms of intra-regional trade, is clearly attributable to their differentiated levels of progress in various areas, including the removal of tariffs and non-tariff barriers, the freedom of movement of persons across borders and the development of efficient infrastructure. Source: Engineering News.

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by Mike Poverello

SADC Member States driving the Customs regional integration agenda

Delegates from the SADC member states gathered in Port Louis, Mauritius between 9 and 13 October to establish a SADC Customs ICT strategy for the region. The conference, sponsored by the United Nations Economic Commission for Africa, coincided with the 200th anniversary of Customs in Mauritius.

Following recent developments on IT connectivity and data exchange in the region, the conference addressed other areas of ICT in Customs which have a significant influence not only for internal Customs processing but its impact and effect on the broader stakeholder community. The conference was well attended with representatives from Angola, Mozambique, Lesotho, Swaziland, Namibia, Botswana, Tanzania, Zimbabwe, Seychelles, Mauritius, Democratic Republic of Congo, Malawi, and South Africa.

The event also drew international interest with representatives from the World Customs Organisation, Trans-Kalahari Corridor, SA Trade Hub, the East African Community, Southern African Customs Union, and the UN Economic Commission for Africa.

“Customs Connects, Borders Divide” conveyed the central theme for the event with the WCO IT and Capacity Building expert, Mats Wicktor, providing an enabling platform upon which the conference deliberations occurred. A detailed presentation clearly outlined the WCO’s the basis for standards, recommendations and guidelines, with specific reference to the Data Model, the Unique Consignment Reference and the most recent developments on Globally Networked Customs (GNC).

Other keynote addresses were made by Mozambique (DGA) on their experience in implementing the Single Window concept (for more details on this project visit URL: http://tfig.unece.org/case-stories.html).  Host nation Mauritius presented their Cargo Community System, and a number of other IT developments namely, e-Certificate of Origin, valuation database for 2nd hand motor vehicles, and the recently implemented Customs Enforcement Network (CEN) solution. SARS presented its Customs Modernisation journey highlighting some of the key ICT products and features and the respective efficiencies and trade facilitation benefits introduced for trade. Furthermore, it elaborated on its current bilateral data exchange initiatives with Swaziland, Zimbabwe, Mozambique as well as the IBSA countries.

The business end of the conference saw the finalisation, tabling and vetting of a draft SADC Customs ICT strategy. The strategy provides a broad framework, focussed around the concept of Customs-to-Customs data exchange. It seeks to create synergy between member states in regard to aspects such as transit management, common risk and enforcement principles, the entrenching of the One Stop Border Post concept, as well as automation of certificates of origin. From a SADC point of view, the strategy will support the realisation of its Strategic Plan – envisaged to include a Customs Union.

by Mike Poverello

Regional Blocs seek to remove Trade Barriers

THREE regional economic communities (Recs) have taken the lead as Africa seeks to remove trade barriers by 2017. The establishment of a Continental Free Trade Area (CFTA) was endorsed by African Union leaders at a summit in January to boost intra-Africa trade. Sadc, Common Market for Eastern and Southern Africa (Comesa) and the East African Community (EAC) have combined forces to establish a tripartite FTA by 2014.

Willie Shumba, a senior programmes officer at Sadc, told participants attending the second Africa Trade Forum in Ethiopia last week that the tripartite FTA would address the issue of overlapping membership, which had made it a challenge to implement instruments such as a common currency. “…overlapping membership was becoming a challenge in the implementation of instruments, for example, common currency. The TFTA is meant to reduce the challenges,” he said.

Countries such as Zimbabwe, Tanzania and Kenya have memberships in two regional economic communities, a situation that analysts say would affect the integration agenda in terms of negotiations and policy co-ordination. The TFTA has 26 members made up of Sadc (15), Comesa (19) and EAC (5). The triumvirate contributes over 50% to the continent’s US$1 trillion Gross Domestic Product and more than half of Africa’s population. The TFTA focuses on the removal of tariffs and non-tariff barriers such as border delays, and seeks to liberalise trade in services and facilitation of trade and investment.

It would also facilitate movement of business people, as well as develop and implement joint infrastructure programmes. There are fears the continental FTAs would open up the economies of small countries and in the end, the removal of customs duty would negatively affect smaller economies’ revenue generating measures.

Zimbabwe is using a cash budgeting system and revenue from taxes, primarily to sustain the budget in the absence of budgetary support from co-operating partners. Finance minister Tendai Biti recently slashed the budget to US$3,6 billion from US$4 billion saying the revenue from diamonds had been underperforming, among other factors.

Experts said a fund should be set up to “compensate” economies that suffer from the FTA. Shumba said the Comesa-Sadc-EAC FTA would create a single market of over 500 million people, more than half of the continent’s estimated total population. He said new markets, suppliers and welfare gains would be created as a result of competition. Tariffs and barriers in the form of delays have been blamed for dragging down intra-African trade.

Stephen Karingi, director at UN Economic Commission for Africa, told a trade forum last week that trade facilitation, on top on the removal of barriers, would see intra-African trade doubling. “The costs of reducing remaining tariffs are not as high; such costs have been overstated. We should focus on trade facilitation,” he said.

“If you take 11% of formal trade as base and remove the remaining tariff, there will be improvement to 15%. If you do well in trade facilitation on top of removing barriers, intra-African trade will double,” Karingi said. He said improving on trade information would save 1,8% of transaction costs. If member states were to apply an advance ruling on trade classification, trade costs would be reduced by up to 3,7%.He said improvement of co-ordination among border agencies reduces trade costs by up to 2,4%.Karingi called for the establishment of one-stop border posts.

Participants at the trade forum resolved that the implementation of the FTA be an inclusive process involving all stakeholders.They were unanimous that a cost-benefit analysis should be undertaken on the CFTA to facilitate the buy-in of member states and stakeholders for the initiative. Source: allAfrica.com

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by Mike Poverello

Kenyan importers to be penalised for delays

Nothing like giving stakeholders fair warning of impending fines. Given that the authorities appear to have agreed on ‘all details’ except the cost, lets hope the latter aspect does not come as a nasty surprise when the single window system becomes operational. One would think that price/cost would be one of the first criteria for consideration and approval, not the last.

The government plans to impose penalties on importers who fail or delay to lift their cargo from the port in Mombasa in the ongoing reforms to de-congest the port. Transport minister Amos Kimunya said this is part of the measures being drafted to ensure the port operations are not slowed down by deliberate delays by importers.

“This will encourage people to quickly remove their cargo from the port as soon as it cleared by the authorities” Kimunya told the KPA annual summit in Nairobi on Wednesday. He said this is aimed at reducing the 40 per cent extra cost to consumers, caused by inefficient flow of goods from ports of entry.

The penalties come ahead of the single window system which is expected to facilitate fast and easy flow of export and exports through a seamlessly interconnected platform. According to the chairman of Kenya Trade Network Agency Joseph Kibwana, the single window implementing agency, all the details of the project have been agreed on, except the cost.

Implementation of the first phase for sea and air manifest will start in June 2013 to be followed by the second and third phases in six months intervals. Source: The Star (Nairobi)

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by Mike Poverello

Malawi – expresses interest in Single Window

The Southern African Trade Hub (SATH) presented the National Single Window (NSW) concept as one of the most effective tools in trade facilitation to the Ministry of Trade, Malawi Revenue Authority and other public and private sector organizations in Lilongwe and Blantyre respectively during May 2012. The presentation highlighted the great benefits accruing to countries that have implemented the NSW. A case study of Thailand was discussed, indicating how Thailand was ranking position 108 in the Trading Across Border Index by the World Bank in 2007 and remarkably improved to position 10 in 2009 after implementing their NSW. Malawi is currently ranked at 164 out of the 183 countries assessed.

A single window is a facility that allows parties involved in trade and transport to lodge standardized information and documents through a single entry point to fulfill import, export and transit regulatory requirements. The benefits accruing to the NSW include substantial decrease in clearance time, substantial increase in government revenues, clear identification of roles and responsibilities in the clearance process and accurate, consistent and real time statistics. The presentation also highlighted that while there are different models of implementing the single window, the public-private partnership (PPP) model achieved results in a short period of time and was implemented efficiently due to the technical expertise and efficient processes brought in by the private sector. It was also emphasized that it was critical to have all stakeholders’ buy-in for the successful implementation of the NSW.

The Ministry of Industry and Trade and other stakeholders agreed in principle to establish a NSW using the PPP but a cabinet memo to secure formal approval of NSW will only be prepared after SATH has facilitated a more technical and practical presentation by one of the countries already using this tool. Source: SA Trade Hub

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by Mike Poverello

Mozambique – Single Window and other Customs developments

The Single Electronic Window (JUE) is a modern system of clearance of goods. After the revision of the whole legislation to allow the implementation of the JUE, the pilot project began in September 2011 in the port of Maputo. Here follows an interview with Kekobad Patel, the President of the Working Group On Tax Policy, Customs and International Trade of the CTA.

What was the adherence of international traders?

“We hoped more adherence of all concerned traders, unfortunately, very few participated in the pilot phase. During this period, both systems (manual and electronic) coexisted. There is always some resistance to change.”

When did the use of the JUE become mandatory?

“The use of JUE became mandatory on April 9, 2012 in the port of Maputo,on April 23 in the port of Beira, early May in the port of Nacala. The city of Tete is now also covered by the system because of the current requirements due to the establishment of large enterprises in the region.”

How many organizations have used the JUE?

“Since its entry into force until 15th of June 2012, over 7,000 import entries were submitted. We still do not deal with export declarations, transit, or special arrangements. These processes are handled manually.”

What are the next areas to be covered by the JUE?

“The second phase will begin in July 2012 and will focus on automotive, multi-modal and road terminals in Maputo, as well as the land borders of Goba, Namaacha (Swaziland) and Ressano Garcia (South Africa) that have received the equipment to begin operations. At the end of the year, the port of Pemba and the land borders of the province of Manica and Tete will be also covered. It will also be possible to treat the other procedures for export and transit. This is crucial, given the geographical location of Mozambique and its relations with the countries of the hinterland. Meanwhile, three Ministries will be electronically linked to award the import licenses: the ministries of Health, Industry and Commerce, and Agriculture. We should not forget that banks are also involved in the JUE. The BCI bank has supported the JUE since the pilot phase. Other banks have joined in recent months: Millenium BIM, Mozabanco and Standard Bank. We expect the membership of other banks.”

What is the biggest challenge of the JUE?

“The implementation of the JUE has led to a change of mentality: “paperless” in the country: less buffer, less paper. The government itself is also involved in the process of e-taxation that ensures that taxpayers should pay their taxes electronically. We still have problems to solve. For example, when a ministry inspects companies, papers are asked for… We need to think about alternatives. The castle must be built stone by stone to ensure it is strong and other sectors such as the public one and banking, are also involved.We believe that the entry into force of the JUE shows how to modernize the country.”

Is the JUE to eliminate the clearing agents?

“The law allows companies to make their own clearance process, but many of them are not prepared. In other countries such as Singapore, the most advanced country in terms of customs, clearing agents continue to exercise thanks to their perfect knowledge of the system.” Source: allAfrica.com

Other news – Mozambique accedes to the WCO’s Revised Kyoto Convention

On 11 July 2012, the Embassy of the Republic of Mozambique to Belgium deposited Mozambique’s instrument of accession to the International Convention on the Simplification and Harmonization of Customs Procedures (Revised Kyoto Convention) with the World Customs Organization. The Convention is regarded as a blueprint for effective and modern Customs procedures, and will enter into force in Mozambique on 11 October 2012. Mozambique becomes the 82nd signatory to the Convention. Some of the Convention’s key elements include the application of simplified Customs procedures in a predictable and transparent environment, the maximum use of information technology, the utilization of risk management, a strong partnership with the trade and other stakeholders, and a readily accessible system of appeals. Will be interesting to see how Mozambique Customs treats the national transit procedure?

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by Mike Poverello

WCO News – 60 year Anniversary Edition

The Organization is celebrating its 60th anniversary, an occasion which gives the global Customs community the chance to reflect on where the WCO began, where it is now, and where it hopes to go in the future. This issue highlights some of the WCO’s milestones past and present, we take a brief look at the WCO’s historical beginnings and subsequent development, follow one man’s forty year Customs journey, look at the history of containerization: the box that changed the world, and even step back to 1969 when the Apollo 11 touched down on the surface of the moon. In this dossier, not only does the WCO look back with pride, but also looks forward with optimism, conscious of the fact that the WCO has served the global Customs community with dedication for sixty years, and will continue doing so to ensure that Customs administrations remain well-positioned to deliver effective and efficient services around the world. Also in this issue –

  • Doorless containers now a reality,
  • US/EU mutual recognition programme,
  • New guidelines included in WCO Revenue Package,
  • Globally Networked Customs,
  • GS1 and the WCO,
  • Algeria Customs and performance management,
  • Georgia’s success in rooting out corruption,
  • Hong Kong moves forward with its e-Lock plans.

Source: http://www.wcoomd.org

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by Mike Poverello

Nigeria – Single Window initiative back on track

After much controversy centering on allegations of corruption and impropriety, the Federal Government terminated the contract awarded to Single Window Systems and Technology Limited. The contract which allowed for a sole submission point for importers and exporters to lodge their documentation was unilaterally awarded by the Federal Ministry of Finance, under the Umaru Yar Adua administration, on behalf of the Nigeria Customs Service to the company registered in June 2010 with N 1m share capital.

The contract was reported to be worth N 4.5 trillion. The decision to discontinue the contract was based on an investigation by the Ministry of Finance which looked into the processes and the terms of the contract. The investigation which was approved by the President revealed that the contract breached the provisions of both the Procurement Act and the ICRC Act. Nigerian Customs received a letter of notification from the supervisory of the ministry of finance that a concession agreement had been entered between the Federal government and the Single Window System Technologies Limited, so where did the customs come into play before the contract was signed?”

Nigeria Customs Service had earlier said on the controversy, “How can a company enter such an agreement without the knowledge of the Nigeria Customs Service?” The Customs was not involved in the execution of the agreement entered by the Federal Ministry of Finance through the Former Honourable Minister of Finance; Olusegun Aganga. Therefore Nigerian Customs was not carried along by the company called Single Window System Technologies Limited. The tender was scuppered.

Recently, the Nigerian Customs Service convened a Single Window National Stakeholder Conference under the slogan – “Collaboration -Towards a Facilitated Trade Environment”. The conference and workshop took place between 23 and 26 April 2012, and was attended by several local and international delegates representing UNECE, UN/CEFACT, and donor companies German Development Company (GIZ), USAID and Crown Agents. Details concerning the launch of this event can be accessed via the following links – Conference Website and Conference Summary Report.

Comment: So what started on shaky ground has finally materialised into a fully-fledged Customs-led programme – the way it should be, and hopefully remain. Moreover, trade representatives and intermediaries will need to be an integral part of this development for it to attain success.

Source: Business News Nigeria and Valentina Mintah (Trade Facilitation Consultant).

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by Mike Poverello

Namibia buys into ‘Single Window’ concept

From April 12-13, Southern African Trade Hub (aka USAID) presented Single Window as a cutting-edge tool for trade facilitation to the Ministry of Industry and Trade, Ministry of Finance, Customs and other private sector organizations, explaining how a NSW for Namibia could improve the Trading Across Borders index ranking, which currently stands at 142 out of 183 countries. Single Window is a crucial instrument that will eliminate inefficiency and ineffectiveness in business and government procedures and document requirements along the international supply chain, reduce trade transaction costs, as well as improve border control, compliance, and security.

Benefits for Government: A Single Window will lead to a better combination of existing governmental systems and processes, while at the same time promoting a more open and facilitative approach to the way in which governments operate and communicate with business. Traders will submit all the required information and documents through a single entity, more effective systems will be established for a quicker and more accurate validation and distribution of this information to all relevant government agencies. This will also result in better coordination and cooperation between the Government and regulatory authorities involved in trade-related activities.

Benefits for trade: The main benefit for the trading community is that a Single Window will provide the trader with a single point for the one-time submission of all required information and documentation to all governmental agencies involved in export, import or transit procedures. As the Single Window enables governments to process submitted information, documents and fees both faster and more accurately, traders would benefit from faster clearance and release times, enabling them to speed up the supply chain. In addition, the improved transparency and increased predictability would further reduce the potential for corrupt behaviour from both the public and private sector.

If the Single Window functions as a focal point for the access to updated information on current trade rules, regulations and compliance requirements, it will lower the administrative costs of trade transactions and encourage greater trader compliance. The Permanent Secretary for the Ministry of Industry and Trade underscored the need for Namibia to proceed with the Single Window concept, and advised participants that his Ministry, together with the Ministry of Finance, would jointly package the Single Window concept and submit it to Cabinet for Government approval.

In Southern Africa, Mauritius already has an effective Single Window, which is reflected in its “Trading Across Borders” ranking of 21. Mozambique recently launched its pilot Single Window. SATH will support and facilitate the processes for the establishment of a Botswana National Single Window system to streamline cross border trade. The current SATH Trans Kalahari Corridor (TKC) Cloud Computing Connectivity program, which is being piloted between Botswana and Namibia, provides an ideal technology platform for linking Botswana and Namibia Single Windows, leveraging the investment by BURS, Namibia Customs and SATH to date in the development of this system. SATH is currently in the process of gauging support for National Single Window in South Africa.

Excuse my cynicism, but the SA Trade HUB  has yet to demonstrate the viability of its Cloud Computing solution between Namibia and Botswana Customs. What is reported above is the usual sweet and fluffy adjectives which accompany most international customs and trade ICT offerings, ignoring prerequisite building blocks upon which concepts such as Cloud and Single Window may prove beneficial and effective. Past project failures in Africa are usually blamed on the target country in not bedding down or embracing the new process/solution – never the vendor. Given the frequency of technology offerings being presented by donor agencies on unwitting national states, there seems little foreign interest in ‘bedding down’ or ‘knowledge transfer’ than the ‘delivery of expensive technology’.

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by Mike Poverello

South Africa – Cyber thunder in the clouds

The following article is very pertinent to any organisation or group considering cloud computing. Soft-marketing tends to delude would-be users into believing they will have full control over their data, and as such, is fully secure. Even in the international Customs and Border Management space there is lots of talk on this subject, yet very little substance. Unfortunately, organisations and individuals are slaves to the technology they use which fashions not only their work ethic but attitudes as well. It is no longer true that technology is a ‘tool’. More time and money is spent these days on technology choice than on training and education. In fact technology is so important it influences law-making and business operations, rendering human discretion obsolete in many instances. Therefore it is imperative that organisations involve business and legal experts in their systems development. 

The recent spate of hackings and electronic security breaches serves to highlight the endemic threat and associated cost of cyber crime. Globally, organisations are forced to reconsider their cyber security measures as cyber criminals become more audacious and technologically innovative. Crimes can take place in both the physical and the electronic medium, with the possibility of technology infrastructure being used as both a “subject” and an “object” of a crime.

The criminal justice system faces a number of challenges in the successful prosecution of cyber crimes. While the Electronic Communications and Transactions Act of 2002 does create a framework for criminalising cyber crimes, including hacking, it does not provide any concrete preventative measures to combat cyber crime. The technical and often remote nature of cyber crimes, including multi-jurisdictional issues where cyber criminals are operating abroad, often prevents prosecutors from being able to present viable cases and bring cyber criminals to book.

Fortunately, the South African government has acknowledged that more proactive measures are required to address the scourge of cyber crime. Cabinet has recently approved a National Cyber Security Policy published by the Department of Communication. The policy creates, among other things, a platform for the creation of a number of structures that would be responsible for analysing and responding to the threat of cyber crime with the ultimate objective of mitigating the effects of cyber crime in South Africa. The State Security Agency has been tasked with responsibility and accountability for the implementation of cyber security measures. It is hoped that this policy and the measures it intends to implement results in the prevalence of cyber crime in South Africa being effectively addressed and countered. Organisations should, in addition to any measures being taken by government, continue to carefully assess their cyber security measures proactively, including by implementing robust systems, particularly in instances where personal data is processed (which includes the collection, recording, transferring or storing of such personal information). The Protection of Personal Information Bill requires the implementation of “appropriate” security safeguards where an individual’s personal information is processed. What will be considered appropriate will need to be determined on a case by case basis and with reference to steps taken in foreign jurisdictions, which may provide guidance in interpreting this requirement.

On account of the fact that there is no way to precisely document the far reaching effects of cyber crime, individuals, organisations and government must ensure that a more cautious and prudent approach is adopted to manage security in any electronic environment. Source: SAPA

by Mike Poverello

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!

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by Mike Poverello

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.

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