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Published byLetitia Riley Modified over 9 years ago
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© World Customs Organization Customs Cooperation - Overview of Article 12 of the WTO TFA
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Why? - To meet common challenges Illicit trade and cross-border smuggling Evasion of taxes and duties Illicit financial flows Money laundering Shared goal of securing government revenues, combating illicit activities and facilitating legitimate trade 2
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Recent Global Developments - Renewed focus on exchange of information 3 The WTO TFA –Article 12 on Customs Cooperation The OECD Standard for Automatic Exchange Information of Financial Account Information
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Article 12 of the WTO TFA - Broad Features Voluntary compliance - Sharing of best practices Stringent measures for non-compliants Mechanism for exchange of information Flexibility for bilateral, plurilateral and regional agreements © World Customs Organization
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Article 12 of the WTO TFA - Exchange of Information What Information as contained in declarations and accompanying documents- invoice, packing list, country of origin and bill of lading Why To verify suspected declarations When Reasonable ground to doubt truth and accuracy of the declaration After conducting the appropriate verification, including the inspection of available documents How Written request to contact point mentioning brief issue and purpose Prioritization of requests Subject to Domestic laws and legal system with regard to data privacy laws of the requested Member Level of protection and confidentiality to the shared information Only for Customs use Public interest Ongoing proceedings Consent of importer/exporter, if needed. Legitimate commercial interests Useful in ensuring compliance with Customs and other government agencies (classification and valuation) and making correct assessment of taxes and duties. © World Customs Organization
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Article 12 of the WTO TFA - Limitations Does not cover the exchange of information about smuggling or other forms of illicit trade Only on request- no voluntary, no spontaneous and no automatic No distinction between nominal data and non nominal data No verification of the accuracy No enquiry or investigation or calling for additional documents No translation © World Customs Organization
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WCO Instruments and Tools - Comprehensive Approach Revised Kyoto Convention (RKC) SAFE Framework of Standards Nairobi Convention Johannesburg Convention (have not come into force) Model Bilateral Agreement Guide to the Exchange of Customs Valuation Information Globally Networked Customs (GNC) Feasibility Study WCO Council recommendations on mutual cooperation and administrative assistance Customs Enforcement Network Global Application (CEN) National Customs Enforcement Network Application (nCEN) Customs Enforcement Network Communication Platform (CENcomm) © World Customs Organization
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Creating synergies! 8 4Cs Coordination Cooperation Communication Collaboration
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Thank you!! © World Customs Organization
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