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Table 2
Country
| Institutional development, private sector consultation, and inter-agency cooperation
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| Albania
| 1. Institutional development:
Financial support by EU; project management is provided by IFC.
2. Private sector informing and consultations:
a) The relevant information regarding the import and export of goods is available online both in Albanian and English at the customs website http://www.dogana.gov.al. This website includes: information on import and export procedures, necessary information on advance rulings, clear information on customs valuation, agreements with any country or countries relating to customs issues, examples of customs classification, applicable legislation, and electronic manuals when systems are implemented.
b) The rate of duties are also published and regularly updated at the following link:
http://www.dogana.gov.al/doc/NK%202011TOTALI.pdf.
c) Also preferential tariffs for products originating in EU, CEFTA 2006 countries, EFTA countries and Turkey are regularly updated every year at the following link: http://www.dogana.gov.al/doc/Tarifa%202013L.xlsx.pdf.
d) Since 2006, the Albanian government has put in place a mechanism of regular consultations with the traders through permanent consultation structures. Consultations between government and traders are facilitated through the Business Advisory Council (established on 11 September 2006, pursuant the Law No. 9607) which has to be convened at least four times a year. When introducing or amending laws, regulations and administrative rulings of general application related to customs and trading procedures, the government involves four or more stakeholder groups, and a minimum of 2 weeks are allowed for consultation with the business community. The ВАС is composed out of 20 members, of which there are 13 business representatives. All the consultation documents (draft laws, draft strategies, government programs, etc) which are affecting the interest of the business community, are delivered 10-15 days in advance of the ВАС meeting. Moreover, Customs Authority and Ministry of Economy, Trade and Energy organize ad-hoc consultations based on (i) business request, (ii) specific policy needs, (iii) implementation of new administrative measures.
3. Inter-agency cooperation:
a) Electronic Data Interchange is in the process of implementation but not yet fully operational. However, the exchange of information with neighbouring countries such as Kosovo, Montenegro and Macedonia through the Systematic Electronic Exchange of Data System was introduced. Moreover, Albania has signed an international agreement on joint customs controls with Montenegro. Further, Albania has signed Customs Mutual Assistance agreements with a lot of countries, including CEFTA parties. The Customs Mutual Assistance Agreements include: assistance provided for the regular implementation of customs legislation and in particular for the prevention, detection and investigation of infringements of this legislation; carrying out joint investigations; special Surveillance on natural or legal persons, places or means of transport that are suspected to be involved or have been involved in actions that violate the customs legislation; exchange of experts or witnesses in judicial or administrative proceedings related to matters covered by these agreements.
b) National legislation foresees co-operation between customs and other relevant government agencies. Following the implementation of its fiscal, economic and protection mission, the Customs Service cooperates with a series of institutions, and especially with the Border and Migration Police. A relatively large number of obligations are set forth by the Strategy on the Integrated Border Management and the relevant Action Plan (DCM Nr. 668, dated 29.9.2007 on the approval of the "National strategy on Integrated Border Management" and DCM No. 1021 dated 14.10.2009, on the approval of the updated "Action plan of the National strategy on Integrated Border Management").
Co-operation between customs and other relevant agencies with clearly defined roles and responsibilities is in place. Following the Action Plan of the IBM Strategy, the joint Order of the Minister of Interior, Minister of Finance, Minister of Agriculture, Food and Consumer Protection adopted the joint Regulation for the cooperation of the 4 services operating at the border: Border Police, Customs Service, Phytosanitary and Veterinary Service (no. 10958/6 Prot., Dated 10.11.2009).
Further, joint administrative acts are prepared and adopted between the Customs Service and the Border Police having as a goal to use jointly the control and detection device of the prohibited goods, and to conduct joint controls in the second line. The Customs Service and the Border Police are cooperating with regard to the realization of a standard level for the equipment of all the BCC-s, with controlling device.
| Azerbaijan
| Under the Decree of the President of the Azerbaijan Republic to introduce “e-government”, which will lead to the effective interaction in the formats like “State – Citizen” (G2C), “State – Business” (G2B) and “State – State” (G2G). “Electronic Customs” is constructed within the “e-government” and in cooperation of Customs-Business for certain types of customs activities on 24/7 hours basis. To eliminate the need for the entrepreneurs’ physical presence at the customs offices it was created the “Personal Web Office of a subject of the foreign economic activity” at the web page of the State Customs Committee of Azerbaijan. Now it helps to:
• obtain the necessary information on the customs clearance and the rules of customs clearance;
• send a statement of customs clearance of goods and means of transport in electronic form;
• access to different issues;
• carry out a preliminary declaration of goods and means of transport;
• access to the Central Office of Customs Expertise in relation to customs clearance.
| Bosnia and Herzegovina
| 1. Institutional development:
EU funded Twinning Project implemented by the Austrian Agency for European Integration and Development. The main beneficiary is the ВІН Indirect Taxation Authority. The Project has three components: customs, taxes and information technology. The Project lasted from December 2010 to December 2012.Stakeholder participation involves the Indirect Taxation Authority.
2. Private sector informing and consultations:
a) Setting up and regularly updating the CEFTA Trade Portal (www.ceftatradeportal.com).
b) Regularly updating the website of MoFTER (www.mvteo.gov.ba).
c) Regularly updating the website of Indirect Taxation Authority of Bosnia and Herzegovina (ITA) (www.uino.gov.ba).
d) Online access to publications of the Official Gazette of ВІН (www.sluzbenilist.ba).
e) Consultations during the procedure of adoption of a new piece of legislation are mandatory, as prescribed by the ВiН legislation (Uniform Rules for Legislative Drafting in the Institutions of ВІН). Article 75 of the ВiН legislation describes process of consultation in such a way:
“(1) Based on preliminary draft, the regulation drafting team conducts consultations with: a) unit or person tasked with charged with drafting normative acts in the competent Ministry of Bosnia and Herzegovina, aimed at ensuring necessary budgetary funds for the implementation of the normative act that is being drafted; b) unit or person tasked with charged with drafting normative acts in the institution competent for European integration, aimed at verifying that the normative act is being drafted in accordance with the EU requirements.
(2) The same staff shall consult, to the greatest possible extent, with: a) other institutions of Bosnia and Herzegovina to which the normative act that is being prepared relates;b) public bodies to which the normative act that is being prepared, including competent entitv institutions and all their administrative units;c) private individuals representing registered citizen's associations;d) international institutions relevant for the subject matter of the normative act that is being prepared."
3. Inter-agency cooperation:
a) Bosnia and Herzegovina has cross-border cooperation with its neighbouring countries, especially through CEFTA. Within CEFTA, a Working Group on customs risk management was established last year, aiming to improve the cooperation between CEFTA Parties.
b) The border agencies that cooperate with each other are the following: Border Police, Custom offices - Indirect Taxation Authority, Veterinary Office, Plant Health Protection Authority.
c) Bosnia and Herzegovina has not aligned the office hours of the border, but with its neighbouring countries, CEFTA countries through Working Group on customs risk management which was established last year, one of the scope is to have aligned office hours for border agencies.
| Greece
| 1. Institutional development:
A key provision of the reforms is the formation of a supervisory body at the ministerial level, called the “Co-ordination Committee of the National Strategy for Trade Facilitation – CCNSTF”, with the participation of the Ministry of Finance (MoF), the Ministry of Foreign Affairs (MFA), the Ministry of Development, Competitiveness, Infrastructure, Transport and Networks (MDI), the Ministry of Rural Development and Food (MRDF), the European Commission (EC), and the United Nations Economic Commission for Europe (UNECE) will be invited to hold an advisory role.
At the operational level, a Steering Committee will be set up with the participation of both public and private sector representatives, which will be holding regular meetings in order to better coordinate the implementation of the reform program ─ Roadmap. The Steering Committee will have the power to set up working groups, on a permanent or ad hoc basis, which will be responsible for carrying out the actual implementation of the action plan.
2. Private sector informing and consultations:
Within the new reform programs instead of limiting its role to rule enforcement, the Greek authorities will primarily cater for companies on how to better do their business according to the regulations, which should have been simplified to the maximum. Building the necessary trust between the economic operators and the authorities will require long term change in mentalities and behaviors, but it is crucial task.
To that extent, the TF project management structure involves both the public and private sector. The Steering Body offers a platform for cooperation between the administration, civil society and business. The implementation of the reform will force the stakeholders to understand the limitations, attend to their needs and utilize the strengths of each other. Since the TF aims to support the private sector in improving their business, the entrepreneur will be at the center of this reform and a concrete relationship between the public and private sector will be cultivated. Engaging representatives of the private sector will ensure that the TF Strategy will meet the needs of the business community, while improving the communication of the initiative to the enterprises in Greece, especially small and medium ones (SMEs).
3. Inter-agency cooperation:
Cross-border cooperation with neighbouring countries is carried out within EU member-states.
| Italy
| 1. Institutional development:
a) Supervising and Coordinating Role in reforms implementation: Italian Economic Development Ministry; Management Role: Italian Trade Promotion Agency (ICE); Main public & Private Institutions involved: Ministry of Foreign Affairs, Public International Insurance Company (SACE), Public FDIs co-financing Company (SIMEST), National Entrepreneurs’ Association (Confindustria), Association of Italian Banks (ABI), Public Agency for FDI attraction (INVITALIA).
b) The ITH (International Trade Hub) project is the main outcome of the National Trade Facilitation Standing Committee established by the Economic Development Ministry in Feb. 2010. This Committee was joined by the National Public & Private Organizations involved in foreign trade. The ITH project was then formalized through the Ministry-ABI “open” Agreement in February 2011. In the 2011-2012 period, several other institutions joined this agreement. In January 2013 the Italian Trade Promotion Agency ─ besides formally confirming its participation to the ITH (in terms of related e-marketing, information and training to be provided to companies in the ITH framework) ─ accepted the Ministry’s proposal to play the overall management role within this TF project.
2. Private sector informing and consultations:
a) In the 2008-2011 period 3 National TF Conferences were held in Rome with the participation of the relevant public and private Institutions and Organisations; enhanced access to information was one of the main items on the Agenda of these conferences, with a view to introduce new regulations and tools to enable the achievement of this goal.
b) In February 2010, after the organisation of the 14th UNCEFACT Forum in Rome (April 2009), which strongly contributed to prioritise the need for the implementation of TF (Trade Facilitation) measures in Italy, the Italian Economic Development Ministry, with the support of the Italian Trade Promotion Agency (ICE) established the National Trade Facilitation Committee, which was focused on 4 main activities, implemented by 4 working groups: 1) Relationship with Business;
c) Interoperability; 3) Finance; 4) Aid for Trade. This Committee proved to be an effective PPP example, which both provided important feedback to the Public Institutions involved, especially in terms of best practices to be implemented in our Country and the consequent opportunity to launch the project of establishing an International Trade Hub in Italy.
3. Inter-agency cooperation:
Cross-border cooperation as well as border agencies one is carried out within the EU 27 Members framework. The office hours alignment of border/inland Customs stations with those of neighbours as well as consulting trade about their needs is ongoing process within Customs Single Window project.
| Republic of Serbia
| 1. Institutional development:
a) Serbian reforms are supported by delegation of the EU, EU IPA funds.
b) Project management includes project management-participants from the consortium giving the technical assistance, Customs Administration and the Delegation of the EU.
2. Private sector informing and consultations:
a) Website of the Ministry of Finance and Economy http://www.mfp.gov.rs/ gives access to information on laws, bylaws as well as proposed and draft laws/ bylaws concerning customs and customs tariff legislation. This information is updated with every change in legislation.
b) Since 2010 CAS (Customs Administration of Serbia) has made a new modernised and interactive web portal, which is in function on www.carina.rs. The new web- portal features extreme functionality and a more adequate visual identity. It is designed in a manner to improve the interaction with the citizens and companies and to open a way to e-customs in the future. At the moment, one can find all up to date information related to customs procedures and relevant regulations. All divisions of the Customs Administration are responsible for information update, which is being performed on a daily basis or when needed.
c) Paragraf.Lex is a base of legal instructions, consolidated legislaton, treaties, international agreements, legislation in force and case laws.
d) Ministry of Finance and Economy, Customs System and Policy Department, also organizes lectures and seminars and publishes articles on different customs matters in specialized magazines. CAS organizes lectures and seminars with the private sector when we need to establish new procedures, and also training and consultations e.g. on diagonal cumulation of origin. Equally CAS has a regular cooperation with Serbian Chamber of commerce and industry.
3. Inter-agency cooperation:
a) Government of the Republic of Serbia and Government of the Republic of Bulgaria have concluded the Agreement on joint control in the railroad traffic on 15.04.2005 ("Official Gazette - SCG International Contracts", number 13/2005 from 02.11.2005), while relevant Protocols on implementation of the Agreement were signed on 04.12.2006, as of when joint control by government services of the two countries is being applied. The mentioned joint control in passenger traffic implies joint control of passengers by the officers of Border police and Customs services of Serbia and Bulgaria. The control is being performed while the train is in motion on the relation Dimitrovgrad - Kalotina. It is foreseen that for freight traffic, officers of the mentioned services perform controls at the joint railway station Dimitrovgrad. However, the Republic of Bulgaria has in February 2010 submitted to the Republic of Serbia a proposal of changes and amendments to the concluded Agreement, which were undertaken by the Republic of Bulgaria in order to reach the required standards for entry into the Schengen Agreement.
b) Concrete cooperation areas are closer defined in the Agreement on cooperation in the area of integrated border management, signed on 06.02.2009, by ministers of the Ministry of Interior, the Ministry of Finance, the Ministry of Agriculture, Forestry and Water Management and the Ministry of Infrastructure. Defined cooperation areas are related to joint activities in the field of: harmonization and coordination of activities in the area of border control and cooperation on central, regional and local level; providing mutual expert and technical support; exchange of information; joint use of equipment; international cooperation; joint professional education; procedures in cases of emergency etc.
c) Border Customs stations of Serbia and its neighbours are working 24/7.
| Russian Federation
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| Tajikistan
| 1. Institutional development:
a) Customs Service and MoEDT, SW State Unitary Enterprise Donora: EU (financial), GIZ (technical).
b) Stakeholder participation includes SW Coordination Committee (ministries/agencies, private sector and donors).
2. Private sector informing and consultations:
a) In accordance with the Action Plan on simplification of export and import procedures, each agency/ministry involved in foreign trade launched their web-sites or put relevant information about their procedures in visible places (stands, etc).
b) Regular consultations and round tables with the private sector to explain laws or regulations, and SW principle were conducted and still conducting together with Chamber of Commerce and with different Associations not only in Dushanbe, but as well as in regions.
3. Inter-agency cooperation:
a) Inter-agencies Working Group was created and aimed to develop measures on trade facilitation (headed by the Ministry for economic development and trade).
b) SW implementation team is working on new regulation which defines rules and cooperation of all involved agencies inside of SW system.
c) 3 pilot agencies volunteered for changing their procedures in accordance with the BPA and data harmonization results. Small part of their internal procedures will be automatized as well (GIZ supports these three pilots]. This is as step by step approach for SW implementation and ways of preparing the agencies for SW implementation.
| Turkey
| Private sector informing and consultations:
a) Information on all new legislation as well as access to legal documentation is available on the official website of the Ministry of Customs and Trade. Guidelines and handbooks regarding various regulations have been published.
b) Draft legislation is shared with stakeholders during the drafting process. Feedback from stakeholders is also evaluated regarding current legislation.
| Uzbekistan
| 1. Institutional development:
a) In each of the measure adopted by the President/Government, there has been identified ministry/agency, responsible for elaboration and implementation of a measure, as well as for coordination with other relevant agencies, depending on specificity of the measure.
b) The State Customs Committee is in the process of finding an international donor organization (ADB, KOICA, etc.), which will financially support the Project implementation in Uzbekistan. By January 2013, KOICA (Korea) expressed preliminary interest to support SCC with financial resources (in the form of a grant) of up to 5 mln. USD to develop fully- automized SW system.
2. Inter-agency cooperation:
The ministries/agencies, involved in issuance of trade documentation in Uzbekistan include: "Uzbekexpertiza" ─ certificate of origin; Ministry of agriculture ─ veterinary and phyto-sanitary certificates, quarantine permit; Ministry of Health ─ hygienic certificate; "Uzstandart" Agency ─ certificate of conformity; State Customs Committee ─ customs declaration; Banks ─ registration of export-import contracts at a bank.
| Ukraine
| 1. Institutional development:
Customs Service of Ukraine plays a supervisory role in trade facilitation. Technical assistance is funded primarily by the EU and the USA.
2. Private sector informing and consultations:
a) http://www.customs.gov.ua/dmsu/control/uk/index is the official website giving improved access to information on the regulations and formalities applicable to the import and export of goods. In addition, Ukrainian Customs administration operates call centres, which act as central enquiry points for information. For quick response to requests, which come from the private sector, the Customs administration established the Monitoring Centre. The Centre's staff is taking notice of problems and delays during the customs control and customs clearance, queues at checkpoints across the state border of Ukraine, suggestions and comments on the organization of the customs activity, as well as informing of regulations concerning the customs procedures. Receiving these messages is carried out by multi-line telephone, by facsimile as well as by a special mailbox.
b) Every Regional Customs has its official website that publishes on-line newsletters and bulletins (for example, http://www.customs.lg.ua, http://www.customs.crimea.ua).
c) During 2012 Customs administrations of all the Regional Customs organized consultations with the private sector concerning the new Customs Code, pre-clearance procedures and documents, electronic signature, effectiveness of Customs activity. For example, on December 5, 2012 in the classrooms of customs check-point "Alchevsk" of Lugansk Customs in the framework of the concept of the State Customs Service of Ukraine "Fair business - fair taxes" and "Concept of reform of the Customs Service of Ukraine" it was held a working meeting with economic operators carrying out customs clearance of goods and vehicles in the area of customs check-point "Alchevsk." The meeting concerned questions of further introduction of electronic declaration in Lugansk Customs. It was attended by representatives of the State Tax Service of Ukraine in Alchevsk. In general, workshops, "round tables" and meetings organized by the Customs administrations, participating of the Public Councils members in the telephone conferences held by the State Customs Service of Ukraine show open dialogue of customs authorities with the private sector.
3. Inter-agency cooperation:
a) Cross-border cooperation with neighbouring countries includes
· Bommoluk-2: technical assistance;
· Ukraine - Moldova (activities of Mission of EU Border Assistance Mission to Moldova and Ukraine);
· Ukraine – USA: technical assistance, trainings, study tours;
· Ukraine – EU: advice and technical assistance, trainings, study tours;
· Ukraine – Poland, Ukraine – Russia, Ukraine – German: adapting and implementing professional standards, academic and scientific cooperation, etc.
Example: Mission of the European Commission on EU Border Assistance to Moldova and Ukraine (EUBAM): the Ukrainian Plan “Regulation through Democracy” ─ shot-term monitoring missions of OSCE.
b) National border agencies cooperation with each other includes cooperation between State Customs Service of Ukraine, State border guard service of Ukraine, Security Service of Ukraine, Veterinary and Phytosanitary Services of Ukraine.
| In addition, documentary requirements can be simplified by extending standard documents into electronic documents for paperless trade and Single Window systems. Measures taken by the countries to move from a paper based environment to paperless trade are described in table 3.
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