AN EXPLORATION OF THE NEED FOR AND COST OF SELECTED TRADE FACILITATION MEASURES IN ASIA AND THE PACIFIC IN THE CONTEXT OF THE WTO NEGOTIATIONS



14 An exploration of the need for and cost of selected trade facilitation measures in Asia and the Pacific in the context of the WTO negotiations

Table II.2. (continued)

Response
(Y = Yes; N = No)

Comments

C
N

I
N

I
D

B
D

N
P

CN: China / IN: Indonesia / ID: India /
BD: Bangladesh / NP: Nepal

21

Are provisions established
for a final right of appeal to
a judicial authority?

Y

Y

Y

Y

Y

ID: There is a quasi judicial authority
in place / BD: May go to the Supreme
Court.

22

Do appeal processes have
specific time limits?

Y

Y

N

Y

Y

BD: Three months to 1 year.

23

Are goods released pending
the outcome of an appeal?

N

N

N

Y

Y

ID: It is being considered to release
goods at least in case of accredited
traders.

24

Is a security or other form of
guarantee required?

Y

Y

Y

Y

Y

BD: Bank guarantee or Commercial
undertaking.

Source: ARTNeT Working Papers No. 4, 5, 8, 9 and 10; www.artnetontrade.org

suspiciously low due to the cost of the appeal process and the fear of retaliation from
customs officials. In Indonesia, the Director General of Customs is bound to make
a decision within 60 days. If the claimant disagrees with the Customs decision, external
appeal is possible but time limits for a decision at this level do not exist. This is true for
most other countries studied.

6. Advance lodgment of data

Systems for advanced lodgment of data generally exist but are still at a very early
stage of development in many of the countries examined. However, some efforts are
on-going even in the LDCs studied, with pilot systems available in Bangladesh and Nepal
(see table II.3).

7. Other measures to enhance impartiality and non-discrimination

In the three large countries studied, progress in the development of computerized
and automated customs control systems is expected to enhance impartiality and reduce
discretion of customs officers (see table II.3). For example, in India, the proposed Risk
Management System (RMS), which was expected to cover all the Electronic Data Interchange
(EDI) points by the end of 2005, is designed to considerably reduced the discretion of
customs officers. In Indonesia, the Ministry of Finance has issued a Decree on Codes of
Ethics and conduct for Customs officials and an enforcement committee has been established.
Sanctions towards all illegal actions are clearly stipulated in the Decree.



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