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ASAPRA Private Sector Panel

ASAPRA Private Sector Panel . Friday September 6th 10h30 11h 30 Jean-Marie Salva ICC customs committee vice chair Fernando CARMO World customs broker organization President . Introduction. Presentation of ICC : business organization dedicated to free trade since its creation in 1929

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ASAPRA Private Sector Panel

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  1. ASAPRA Private Sector Panel Friday September 6th 10h30 11h 30 Jean-Marie Salva ICC customs committee vice chair Fernando CARMO World customs broker organization President

  2. Introduction • Presentation of ICC : business organization dedicated to free trade since its creation in 1929 • Changes in the 2000’s : promotion of partnerships between business and administrations, namely customs • ICC & PSCG private sector consulting group

  3. Table of contents • I- WCO and ICC Cooperation Agreement • ICC-WCO Agreement History • Relatedactivities • II- TechnicalCooperation • TCCV • HS Committee • III- ICC : a major source of proposals • ICC Customs Guideline (2012) • ICC Guidelines for Cross-Border Trader in Goods (April 21th,2013) • IV- Policy statements • EgTransfer pricing customs valuation

  4. I- WCO and icc agreement cooperation

  5. I. WCO and icc agreement cooperation (1/2) • A. ICC – WCO Agreement : History • Early 60’s: unformalparnership • June 1996: signature of the 1st official cooperation agreement • June 27th 2011: signature of a revised cooperation agreement that improved channels of communication in Customs-business Partnership • ICC WCO agreement is an example of international cooperation among businesses and Customs and of a successful private – public partnership

  6. I. WCO and ICC Cooperation Agreement (2/2) • B. ICC WCO agreement related activities • leading role in the fight against counterfeiting and piracy : • WCO’s participation in the future creation of the ICC Customs/Anti-Corruption Code of Conduct, • protect intellectual property in Free Trade Zones • Organization of the Global Congress on Combating Counterfeiting and Piracy • Strong collaboration on facilitating the international trade by the simplification and harmonization of customs procedure : • cooperation on several projects : developing and promoting guidelines for international trade facilitation; liberalizing the issuance of preferential Certificates of Origin. • creation in 1961 of the ATA Carnet system

  7. II- TechnicalCooperation

  8. II- TechnicalCooperation(1/2) • A. Technical Customs Committee Valuation (TCCV) • ICC has been granted a status of accredited observer to the TCCV sessions • Contribution to the discussions on various technical questions, e.g. transportation costs in the context of a CIF transaction • Formal presentations on various topics as the licensing of IPR, the use of distributorship agreements and transfer pricing … • Willingness to participate in TCCV inter-session discussions within working groups, for instance the Club de la Réforme

  9. II- TechnicalCooperation(2/2) • B. HS Committee (HSC) • Having been granted a same status of accredited observer I.C.C participate to HS Committee‘s session due to : • resolve classification disputes and questions between members; • promote widespread application of the HS ; • interpret the “HS” for securing an uniform interpretation and application of the nomenclature ; • give information concerning developments in technology and changes in international trade for updating the HS.

  10. III- ICC : a major source of proposals

  11. III. ICC : a major source of proposals (1/2) • A. Customs Guidelines (2012) • 1st version published in 1997 and revised in 2012 • within the framework of ICC MOU with WCO • comprehensive set of practices that ICC considers should characterize all modern customs administrations • reinforced by a set of explanatory notes, identifying its advantages to government, business and customs • Aim for a better security and other border controls • Improve trade facilitation • revised periodically to reflect new trading, transport and administrative activities and requirements • Encourage mutual confidence and co-operation between customs and commerce

  12. III. ICC : a major source of proposals (2/2) • B. Guidelines for Cross-Border Trader in Goods / draft (April 21th, 2013) • a harmonized understanding of what criteria should be used to define a trusted trader in the context of the Authorized Economic (AEO) programmes • 59 standards offering as best practices of safe and secure conduct for cross-border traders in goods • Used by traders in the design and management of AEO programmes • Taken into consideration by governments when assessing the risk represented by operators, particularly in trusted trader programmes • Their objective is to provide a common understanding of what border authorities should expect of a diligent trader

  13. IV- POLICY STATEMENTS

  14. IV. Policy statements (1/2) • List of the most recent ICC customs policy statements : • Policy Statement on trade tensions between China and the European Union (June the 27th 2013) ; • Policy Statement on Limitations of deductions of interest payments (February 2012) ; • Policy Statement on Transfer pricing and customs value (February 2012); • Policy Statement on Application of anti-avoidance rules in the field of taxation (January 2012).

  15. IV. Policy statements(2/2) • Eg : Policy statement on transfer pricing and customs value • The ICC policy statement on TP and CV was initially prepared by the ICC working group on TP and CV • The policy statement was drafted by members of the working group after lengthy discussions and various rounds of consultations during two years • these proposals are designed : • to help simplify regulations for companies and administration (determining the appropriate related party of goods) ; • to clarify rules, especially the OECD Guidelines, for both parties so as to reduce financial impact related to divergent customs valuation • The statement is set to be presented to government and relevant international organizations

  16. conclusion • Agreement on Preshipment Inspection – The PSI Agreement (1996) • In 1996, the Agreement on PSI creates a three-tier mechanism for considering complaints on arbitrary or wrong decisions • It establishes an independent review entity (IE) to which both exporters and PSI entities can submit grievances • The IE is constituted jointly by WTO (World Trade Organization), the International Federation of Inspection Agencies (IFIA for PSI companies) and ICC. • ICC, as an IE’s member, is expected to appoint, with the agreement of the parties to the complaint, either a single trade expert or a three-member panel. In that case, one member is nominated by ICC. • In 2006, the PSI Agreement has been reviewed by the TCCV Committee in which ICC is an accredited observer.

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