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 |
Comments | ||||||
C |
I |
I |
B |
N |
CN: China / IN: Indonesia / ID: India / | ||
21 |
Are provisions established |
Y |
Y |
Y |
Y |
Y |
ID: There is a quasi judicial authority |
22 |
Do appeal processes have |
Y |
Y |
N |
Y |
Y |
BD: Three months to 1 year. |
23 |
Are goods released pending |
N |
N |
N |
Y |
Y |
ID: It is being considered to release |
24 |
Is a security or other form of |
Y |
Y |
Y |
Y |
Y |
BD: Bank guarantee or Commercial |
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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