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FTAA.TNC/cbf/w/01/Rev.7
August 29, 2001

Original: Spanish-English

FTAA - TRADE NEGOTIATIONS COMMITTEE

AD-HOC GROUP OF EXPERTS ON CUSTOMS-RELATED BUSINESS FACILITATION MEASURES

DISSEMINATION OF IMPLEMENTATION AND TECHNICAL ASSISTANCE INFORMATION ON
CUSTOMS-RELATED BUSINESS FACILITATION MEASURES

Implementation Status and Technical Assistance Needs:
Customs Related Business Facilitation Measures

 

The Group of Experts on Customs-related Business Facilitation Measures agreed to publish information regarding the status of implementation and technical assistance needs for implementation of the eight customs-related business facilitation measures approved at the Ministerial Meeting held in Toronto in November 1999.

The process to implement these measures has been dynamic and intense in all FTAA countries. The attached document, which is to be periodically updated, shows the important progress achieved in this regard to date.

 

Summary

Based on the matrix “Implementation Status and Technical Assistance Needs:

Customs Related Business Facilitation Measures

I = Implemented

PI = Partially Implemented

NI = Not Implemented

TA = Technical Assistance Required

NR = No Response

  1. Temporary
Entry/
Admisión
Temporal		 2. Express
Shipment/ Despacho
Expreso		 3. Low Value/
Bajor Valor		 4. Data
Interchange/
Intercambio
Electrónico		 5. Harmonized
System
/Sistema
Armonizado		 6. Hemispheric
Customs
Guide/
Guía
Hemisferica
Aduanera		 7. Codes of Conduct/
Códigos de Conducta		 8. Risk Analysis/
Análysis de Riesgo
Antigua and Barbuda NR NR NR NR NR PI NR NR
Argentina I PI I I I PI PI/TA I
Bahamas PI PI NI/TA NI/TA I PI I PI
Barbados PI/TA PI/TA PI/TA PI/TA I PI I PI/TA
Belize PI/TA PI/TA PI/TA PI/TA I PI PI/TA PI/TA
Bolivia PI/TA PI/TA PI/TA PI/TA I PI PI/TA PI/TA
Brazil I I I I I PI I I
Canada I I I I I PI I I
Chile I/TA I/TA I/TA PI/TA I PI/TA I PI/TA
Colombia PI PI/TA I I I PI I PI/TA
Costa Rica I PI/TA I PI/TA I I I NI/TA
Dominica PI PI NI/TA PI/TA I PI PI PI/TA
Dominican Republic I PI/TA PI/TA PI/TA I PI/TA PI/TA I
Ecuador PI PI/TA I PI/TA I PI PI PI/TA
El Salvador I/TA PI/TA PI/TA PI/TA I PI NR PI/TA
Grenada NR NR NR NR NR PI NR NR
Guatemala PI/TA PI/TA PI/TA NI I PI I NI/TA
Guyana I I PI/TA PI/TA I PI PI/TA NI/TA
Haití PI PI/TA PI/TA PI/TA I PI/TA I NI/TA
Honduras I PI/TA PI/TA PI/TA I PI I I/TA
Jamaica PI/TA PI/TA PI/TA PI/TA I PI I I
Mexico I PI I I I PI I I
Nicaragua PI PI/TA I PI/TA I PI PI/TA PI/TA
Panama I I I PI/TA I PI I PI/TA
Paraguay I I I PI I PI NI PI
Peru I I I PI/TA I/TA PI I PI/TA
St. Kitts and Nevis I PI PI PI I PI I PI
St. Lucia PI PI PI/TA NI/TA I PI PI NI/TA
St. Vincent and Grenadines NR NR NR NI/TA NR PI NR NI/TA
Suriname PI/TA NI/TA NI/TA PI/TA NI/TA PI NI/TA NI/TA
Trinidad and Tobago PI/TA PI/TA I/TA PI/TA I/TA PI PI PI/TA
USA I I I I I I I I
Uruguay PI/TA PI PI/TA PI/TA I PI I PI/TA
Venezuela PI PI/TA PI/TA NI/TA I PI PI NI/TA

Implementation Status and Technical Assistance Needs:

Customs Related Business Facilitation Measures

Measure 1. Temporary Importation / Temporary Admission of Certain Goods Related to Business Travelers
 
COUNTRY i.a) Provide for suspension of customs duties
b) Indicate if you differentiate depending on whether or not these goods accompany the business traveler? 		ii. Identify promotional documents and other goods that do not require guarantees upon entry iii. Establish streamlined procedures for promotional documents and other goods
that remain in the country		 iv. Establish an allowable time period for temporary importation/temporary admission v. a) Where possible, minimize the cost and administrative complexity of obtaining guarantees for temporary importation/temporary admission.

b) Where possible, the amount of guarantees required should not exceed the amount of duties otherwise payable

 vi. Under normal
circumstances,
documentation
and approval
should be
provided upon
entry of the
business traveler
Is it Implemented? Technical
Assistance?		 Is it
Implemented? 		Technical Assistance? Is it
Implemented? 		Technical Assistance? Is it
Implemented? 		Technical Assistance? Is it
Implemented? 		Technical Assistance? Is it
Implemented? 		Technical Assistance?
Antigua and Barbuda

---

---

---

---

---

---

---

---

---

---

---

---
Argentina a. Yes
b. --
Decree No. 2280/94, Common Market Resolution No. 115/94, Resolution No. 3749/94 (RGANTI).

--

 Yes

Within MERCOSUR: folders, slides, videotapes, flyers, magazines, posters, guides, photographs, maps, illustrations, etc.

Outside of MERCOSUR:
Idem (with the express authorization for use and distribution in fairs, expositions and congresses, etc.)

No

 Yes.
Forms OM 2182 y OM 1860/A

No

 Yes. Decree No. 2281/94, Decision of the Common Market Council No. 18/94, Resolution No. 3751/94 (RGANTI) and amendments Resolution No. 72/98 (SDG LTA), General Resolution No. 162/98 and General Resolution No. 656/99   a. Yes
b. Yes. The guarantee is without cost and is for the amount of duties.

No

 Yes. Decree No. 2281/94, Decision of the Common Market Council No. 18/94, Resolution No. 3751/94 (RGANTI) and amendments Resolution No. 72/98 (SDG LTA), General Resolution No. 162/98 and General Resolution No. 656/99

--
Bahamas a. Yes. Section 86 of Customs Regulations

--

 --

--

--

--

Yes

--

 a. Yes
b. --

--

--

--
Barbados a. Yes. Sections 111 to 113 of Customs Act, Chapter 66, Laws of Barbados, Customs Regulation No. 70 relates to Commercial Samples)
b. No differentiation.		 Yes. Technical Assistance miht be required in aiding the Private sector to implement the ATA Carnet System.

Yes

--

 Yes

 

--

 

Yes. Sections 111 and 112 of Customs Act.

--

 

 a. No
b. Yes. Section 111 of Customs Act.

--

No

 

--
Belize a. Partially. Customs Law and departmental policy.
b. ---		 Technical training needed Partially. Customs Law and administrative policy Training in customs procedure and legislation amendments Yes. Customs Law and departmental procedures Technical assistance and training would enhance the implementation more efficiently Yes. Customs Law

---

 Partially. Customs Law Technical assistance required to draft new procedures and amend existing laws. Partially. Administrative procedure ---
Bolivia a. No. Estimated for the end of 2002.
b. No. Estimated for the end of 2002.		 Yes, for regulation and implementation, including training of corresponding personnel.

Did not receive TA

Yes, TA is needed		 Yes.
Law No. 1990, Article 133, subparagraph a)		 --- Has not been implemented

Estimated for end of 2002		 Yes, in training for facilitating implementation

Did not receive TA

Yes, TA is needed		 Yes.
Law No. 1990, Art. 133, paragraph 4.		 --- Yes, partially. Yes, for implementation Did not receive TA Yes, TA is needed Has not been implemented. Estimated for the end of 2002.

 Did not receive TA

 Yes, TA is needed
Brazil a. Yes. Normative Instruction (IN) 164, December 31, 1998.
b. Yes. The only existing distinction refers to the Customs documents that must be presented.

---

 Yes. Portaria-MF-107 of May 15, 1996; IN 164, December 31, 1998

---

 Yes. IN 124 of October 14, 1999; IN 120 of October 15, 1998; and IN 69 of December 10, 1996

---

 Yes. IN 164, December 31, 1998

---

 Yes. IN 164, December 31, 1998

--

 Yes. IN 120, October 15, 1998-

--
Canada a. Yes Order in Council P.C. 1997-2030, December 29, 1997 Departmental Memoradum D8-1-1: Temporary Importation (Tariff Item 9993.00.00) Regulations; Order in Council P.C. 1974-2522, November 19, 1974; Departmental Memorandum D8-3-1: Advertising Material Remission Order b. No. Canada does not differentiate. Not applicable for implementation.

---

 Yes. Order in Council P.C. 1997-2030, December 29, 1997 Departmental Memorandum D8-1-1: Temporary Importation (Tariff Item 9993.00.00) Regulations; Order in Council P.C. 1974-2522, November 19, 1974; Departmental Memorandum D8-3-1: Advertising Material Remission Order

---

 Yes. Order in Council P.C. 1997-2030, December 29, 1997; Departmental Memorandum D8-1-1: Temporary Importation (Tariff Item 9993.00.00) Regulation

---

 Yes. Order in Council P.C. 1997-2030, December 29, 1997 Departmental Memorandum D8-1-1: Temporary Importation (Tariff Item 9993.00.00) Regulations

---

 Yes. Order in Council P.C. 1997-2030, December 29, 1997 Departmental Memorandum D8-1-1: Temporary Importation (Tariff Item 9993.00.00) Regulations

---

 Yes. Order in Council P.C. 1997-2030, December 29, 1997 Departmental Memorandum D8-1-1: Temporary Importation (Tariff Item 9993.00.00) Regulations

---
Chile General requirement of technical assistance: Technical assistance is requested in computer programs, and for training in monitoring and inspection under this regime. a. Yes. Article 106, Tariff Law. b. No

---

 No guarantee is required for any type of merchandise. Article 106, Tariff Law.

---

 Yes. Resolution No. 2400 of 1985, Chap. III, Num. 10.6.3.1

---

 Yes

---

 a) and b) Does not apply. Temporary admission does not require any type of guarantee.

---.

 Yes. Resolution No. 2400 of 1985, Chap. III, Num. 10.6.3.1

---
Colombia a. Yes. Resolution DIAN 4240 of 2000
b. Yes. Decree 2685 of 1999

---

 a. Yes. Resolution DIAN 4240 of 2000
b. Yes. Decree 2685 of 1999

---

 If the goods arrive via travelers, no security is required. In the case of temporary importation, a security is required. There is no special treatment for advertising documents. Resolution 4240 of 2000

---

 

 Yes. Resolution DIAN 4240 of 2000

---

 

 a. No With regard to this primary element No. v.a), Colombia is implementing administrative and legal procedures for adhering to the Istanbul Convention b. Yes, Resolution 4240 of 2000

No

Yes

---

 
Costa Rica a. Yes
b. Yes Law No. 7557, Art.165 et. seq. Executive Decree No. 25270-H, Article 366

No

 Yes. Law No. 7557, Art. 167

No

 Yes. Law No. 7557, Arts. 127 to 129, 133, and Articles 409 to 419 of its Regulations

No

 Yes. Law No. 7557 Art. 165 and Articles 446, 452, 453, 454, 457, 458, 462 of its Regulations

No

 Yes. Law No. 7557, Art. 65

No

 Yes. Law No. 7557, Art. 368 and Articles 165 and 435 et. seq. of its Regulations

No
Dominica a. Yes. Section 58(1)(a) of the Dominica Customs Act.
b. No differentiation.

--

Yes

---

No

---

 Yes. Section 58(1)(a) of the Dominica Customs Act.

---

 Yes. Departmental Policies and Procedures.

---

 Yes

---
Dominican Republic a. Yes
b. Yes
Law No. 3489

No

 Yes. According to Law No. 3489, Customs Authorities may identify, within legal parameters, which documents do not require a guarantee upon entry.

No

Yes. Law No. 3489

---

 Yes. Law No. 241, 3489 and internal administrative provisions

---

 Yes. Law No. 3489 and 241

---

 Yes Law No. 3489 and administrative provisions

---
Ecuador a. No. Customs service charges exempted except for imports of personal effects, household effects, and tools of trade. Organic Customs Law No. 99, Official Register No. 359, July 13, 1998, as modified by Law No. 181 of April 30, 1999, Article 27 a).
b. Yes.

No

 

 There is no specific listing of promotional documents and a description of goods subject to guarantees. The Temporary Admission Regime provides for the suspension of taxes, but there has to be a bank guaranty equivalent to 120% of the value of the revenue that would have been collected by the State. Article 58 of the Organic Customs Law.

No

 

 There is no Manual of Customs Procedures for the importation of promotional documents. Its implementation would imply an amendment to the Regulation of the Customs Organic Law, in respect to the value and quantity, depending on the case.

No

 

 According to Customs Organic Law and its regulation, the maximum time period for materials to remain in the country is of up to 180 days, extendable to a similar period, contingent upon the posting of a bank guaranty.

No

 

 a. No. The cost of the security is not determined by customs, but by the enterprises that provide it. There are no established time periods for legislative changes that are to be made.
b. No

The Law’s regulations establish that temporary importation with re-exportation in the same state is a regime involving suspension of the payment of taxes for the time period established by the customs authority; thus, a bank guarantee in the amount of 120% of the value of the taxes to be collected must be deposited, with an additional 20% to cover the opportunity cost of the money, the financial market interest rate, and fines for failure to comply with the regime.

No

 Yes. Travelers will have to present temporary importation regime application forms with the corresponding bank guarantee for the taxes whose payment has been suspended, which shall be refunded at the time the goods are re-exported. Where certain advertising material is to be delivered in the local market, it must be nationalized, with payment of the corresponding taxes. Travelers present a declaration for their personal effects, but in the case of temporary admission, they must present temporary importation regime forms, with the corresponding bank guarantee for the taxes whose payment has been suspended, which will be refunded at the time the goods are re-exported. Where certain advertising material is to be delivered in the local market, it must be nationalized, with payment of the corresponding taxes.

No

 
El Salvador a. Yes. Implemented.
b. No distinction exists.

 Receive the necessary training to clearly identify goods that should be allowed temporary entry with business travelers.

Yes

 

 Receive the necessary training to clearly identify goods that should be allowed temporary entry with business travelers.

 Yes. Instruction 10, Instruction 1/98.

 Receive the necessary training to clearly identify goods that should be allowed temporary entry with business travelers.

 Yes. Chapter IV of RECAUCA. Temporary Admission, Art. 3 of the Regulation to the Baggage Law.

 Receive the necessary training to clearly identify goods that should be allowed temporary entry with business travelers.

Yes

 

 Receive the necessary training to clearly identify goods that should be allowed temporary entry with business travelers.

Yes

 

 Receive the necessary training to clearly identify goods that should be allowed temporary entry with business travelers.
Grenada

---

 

---

 

---

 

 ---

 

 ---

 

 ---

 

 ---

 

 ---

 

 ---

 

 ---

 

 ---

 

 ---

 
Guatemala Partially

Estimated implementation by April 7, 2001

 

 Yes. Legislative modification; changes in administrative procedures.

The technical assistance is directed to those countries that have totally implemented this measure, by providing a copy of their legislation and suggestions with relation to the mechanisms of control for temporary imports of goods related to business trips.

 

 Partiall

Estimated implementation by April 7, 2001

 

 Yes. Legislative modfication; changes in administrative procedures; acquisition of equipment; acquisition of computer programs.

 
Partially

Estimated implementation by April 7, 2001

 

 Yes. Changes in administrative procedures.

 

 Yes CAUCA Art. 73

 

No

 

 Yes. CAUCA Art. 28

No

 
No

Estimated implementation by April 7, 2001

 

No

 
Guyana Yes. Sections 38-40 of Customs Act 82.01 and Customs Regulations 69

 

---

 

 Yes. Customs Tariff, and sections 38-40, regulation 69

 

---

 

 Yes Section 38 and Regulation 69 of Customs Act

 

---

 

Yes

 

---

 

 Yes. Section 38 - 40 of Customs Act

 

---

 

 Yes, Customs Act

 

---

 
Haiti

 

 Yes   No No Yes   Yes   Yes   Yes  
Honduras a. Yes
b. Yes Implemented through the application of Art. 73 of the Customs Law and the Law on the Control of Customs Duties Exemptions.

 

 ---

 

 Yes

 

 ---

 

 Yes

 

 Yes

Remarks: Technical assistance is needed in computer programs, and for training in processing, monitoring and inspection under this regime.

 

 Yes, 3 months.

 

 ---

 

 Yes

 

 Yes

Remarks: Technical assistance is needed in computer programs, and for training in processing, monitoring and inspection under this regime.

 

 Yes

 

 ---

 
Jamaica a. Yes. Jamaican Customs Act.
b. --		 Yes. The Customs Department has not developed an electronic system to process the entry forms. Technical assistance would be needed for developing a business / system design.

 

Partially.

 

 

 Yes. See answer to Measure 1(i)

 

 Yes. Jamaican Customs Act.

 

 Yes. See answer to Measure 1(i)

 

 Yes. Jamaican Customs Act.

 

 Yes. See answer to Measure 1(i)

 

 Yes. Jamaican Customs Act

 

 --

 

 No

 

 Yes. Would be needed for imple-menting the measure, particularly for establishing network facilities.

 
Mexico a. Yes
b. Yes Customs Law, Art. 106

 

---

 

 Does not apply. This regime does not require guarantees upon entry.

 

---

 

Yes

 

---

 

 Yes. Customs Law, Article 106.

 

---

 

 a. Not applicable
b. Not applicable

This regime does not require guarantees upon entry.

 

---

 

Yes

 

---

 
Nicaragua

 

 a. Yes. Political Constitution of the Republic, Article 68, completely exempts the import of books, pamphlets and magazines.
b. No

 

---

 

No

 

 Not required. Its definition will be established in the Regulations to the Uniform Central American Customs Code, currently in the process of Executive approval.

 

 Yes. Law No. 265 "Law Establishing Auto-Dispatch for Importation, Exportation and Other Regimes" published in "La Gaceta" Diario Oficial No. 219 of Nov. 17, 1997 and its Regulations.

 

---

 

 Yes. Six (6) months are granted based on the Regulations to the Uniform Central American Customs Code, currently in the process of Executive approval.

 

No

 Not applicable, because the granting, regulation and costs of the guarantees is not within Customs authority.

 

---

 

 Yes, the document entitled “Passenger Declaration” is submitted through the transport agent. Law No. 265, Nov. 17, 1997 and its Regulations

 

---

 

 
Panama a. Yes
b. There is no distinction. Cabinet Decree No. 34 of Dec. 20, 1995; Cabinet Decree No. 30 of Oct. 22, 1994; Tax Code, Article 536 and 537; Decree No. 54, Article 3 of June 1985.

 

 No

 

 Yes

 

 No Yes

 

 No

 

 

 Yes

 

 No

 

 Yes. Decree No. 54 , Art. 3 of June 1985; Tax Code, Art. 537; Cabinet Decree No. 30 of Oct. 22, 1994.

 

 ---

 

 Yes

 

 No

 
Paraguay a. Yes
b. ---

 

 ---

 

 Yes

 

 ---

 

 Yes

 

 ---

 

 Yes

 

 ---

 

 Yes

 

 ---

 

 Yes

 

 ---

 
Peru a. Yes. The temporary importation of tools and equipment necessary for carrying out the functions or activities of professionals and technical personnel who enter to provide services to a company is under consideration. Regulation on Equipment and Furnishings, Supreme Decree No. 59-95-EF (04/04/95) b. Yes. There is no distinction, it is only indicated as explained above.

 

No

 

 Yes. It only lists the goods that do not require a guarantee; in addition, promotional documents are not listed. Supreme Decree No. 59-95-EF

 

No

 

 Yes. Streamlined procedures are established for the temporary import of goods into the country. Supreme Decree No. 59-95-EF

 

No

 

 Yes. There is a maximum period of 12 months for the temporary entry of goods. Supreme Decree No. 59-95-EF

 

No

 

 a. Yes, General Customs Law, Art. 26 b. Yes, General Customs Law, Art. 63.

 

---

 

 Yes. Supreme Decree 59-95-EF, Art. 25

 

  
St. Kitts y Nevis Yes. Customs (Control and Management) Act No. 4/1992, Section 72.

 

--

 

 Yes. Customs (Control and Management) Act No. 4/1992, Section 72.

 

--

 

 Yes. Customs Tariff Act No. 12/1984, Section 6

 

--

 

 Yes. Customs (Control and Management) Act No. 4/1992, Section 72.

 

--

 

 Yes. Customs (Control and Management) Act No. 4/1992, Section 72.

 

--

 

 Yes. Customs (Control and Management) Act No. 4/1992, Section 72.

 

--

 
St. Lucia a. Yes. Customs (Control and Management) Act No. 239/1990.
b. No

 

No

 

 Yes. Customs (Control and Management) Act No. 249/1990.

 

--

 

No

 

No

 

 Yes. Customs (Control and Management) Act No. 239/ 1990.

 

--

 

No

 

 No

 

 Yes

 

 No

 
St. Vincent and the Grenadines -- -- -- -- -- -- -- -- -- -- -- --
Suriname a. Yes
b. --

 

 Yes. Technical assistance required preferably in Dutch language.

 

No

 

 Yes. See answer Measure 1(i).

 

No

 

 Yes. See answer Measure 1(i).

 

No

 

 Yes. See answer Measure 1(i).

 

No

 

 Yes. See answer Measure 1(i).

 

No

 

 Yes. See answer Measure 1(i).

 
Trinidad and Tobago a. Yes
b. No Section 40 of Customs Act, Chapter 78:01.

 

No

 

No

 

 Yes. Training in the ATA Convention

 

 Yes. Section 40 of Customs Act, Chapter 78:01.

 

--

 

 Yes. Section 40 of Customs Act, Chapter 78:01.

 

--

 

 a. No
b. Yes Section 40 of Customs Act, Chapter 78:01; Regulations No. 164-172 of customs Act, along with Administrative Procedures.

 

No

 

 Yes. Executive decision.

 

--

 
United States