FTAA.TNC/Cbf/01/Rev.7 August 29, 2001 Dissemination of Implementation and Technical Assistance

Derestricted 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 docu - ment, 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 2. Express 3. Low 4. Data 5. Harmonized 6. Hemispheric 7. Codes of 8. Risk Entry/ Shipment/ Value/Bajor Interchange/ System/Sistema Customs Conduct/ Analysis/ Admisión Despacho Valor Intercambio Armonizado Guide/Guía Códigos de Análysis de Temporal Expreso Electrónico Hemisferica Conducta Riesgo Aduanera 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 I PI/TA PI/TA PI/TA I PI/TA PI/TA I Republic 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

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1. Temporary 2. Express 3. Low 4. Data 5. Harmonized 6. Hemispheric 7. Codes of 8. Risk Entry/ Shipment/ Value/Bajor Interchange/ System/Sistema Customs Conduct/ Analysis/ Admisión Despacho Valor Intercambio Armonizado Guide/Guía Códigos de Análysis de Temporal Expreso Electrónico Hemisferica Conducta Riesgo Aduanera 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 I PI PI PI I PI I PI Nevis St. Lucia PI PI PI/TA NI/TA I PI PI NI/TA St. Vincent NR NR NR NI/TA NR PI NR NI/TA and Grenadines Suriname PI/TA NI/TA NI/TA PI/TA NI/TA PI NI/TA NI/TA Trinidad and PI/TA PI/TA I/TA PI/TA I/TA PI PI PI/TA Tobago 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

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

Measure 1. Temporary Importation / Temporary Admission of Certain Goods Related to Business Travelers

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Measure 1. Temporary Importation / Temporary Admission of Certain Goods Related to Business Travelers

i.a) Provide for suspension of customs ii. Identify promotional doc- iii. Establish streamlined iv. Establish an allowable v. a) Where possible, minimize vi. Under normal circum- COUNTRY duties uments and other goods that procedures for promotional time period for temporary the cost and administrative stances, documentation and do not require guarantees documents and other goods importation/temporary ad- complexity of obtaining guar- approval should be provid- b) Indicate if you differentiate depending upon entry that remain in the country mission antees for temporary importa- ed upon entry of the busi- on whether or not these goods accompa- tion/temporary admission. ness traveler ny the business traveler? b) Where possible, the amount of guarantees required should not exceed the amount of duties otherwise payable Is it Implemented? Technical Is it Technical Is it Technical As- Is it Technical Is it Technical Is it Technical Assistance? Implemented? Assistance? Implemented? sistance? Implemented? Assistance? Implemented? Assistance? Implemented? Assistance? Chapter 66, Laws of might be re- 112 of Cus- 111 of Customs Barbados, Customs quired in aid- toms Act. Act. Regulation No. 70 re- ing the Private lates to Commercial Sector to im- Samples) plement the b. No differentiation. ATA Carnet System. Belize a. Partially. Customs Technical Partially. Training in Yes. Cus- Technical as- Yes. Cus- --- Partially. Cus- Technical Partially. Ad- --- Law and departmental training need- Customs Law customs toms Law sistance and toms Law toms Law assistance ministrative policy. ed and adminis- procedure and depart- training required to procedure b. --- trative policy and legisla- mental pro- would en- draft new tion amend- cedures hance the procedures ments implementa- and amend tion more ef- existing ficiently laws. Bolivia a. No. Estimated for the Yes, for regu- Yes. --- Has not been Yes, in train- Yes. --- Yes, partially. Yes, for Has not been Did not end of 2002. lation and im- Law No. implemented ing for facili- Law No. implemen- implemented. receive b. No. Estimated for the plementation, 1990, Article tating imple- 1990, Art. tation Estimated for TA end of 2002. including 133, subpara- Estimated mentation 133, para- the end of training of graph a) for end of graph 4. Did not re- 2002. Yes, TA corresponding 2002 Did not receive TA is needed personnel. ceive TA Yes, TA is Did not re- Yes, TA is needed ceive TA needed

Yes, TA is needed Brazil a. Yes. Normative In- --- Yes. Portaria- --- Yes. IN 124 --- Yes. IN 164, --- Yes. IN 164, --- Yes. IN 120, --- struction (IN) 164, De- MF-107 of of October December December 31, October 15, cember 31, 1998. May 15, 1996; 14, 1999; IN 31, 1998 1998 1998 b. Yes. The only exist- IN 164, De- 120 of Octo- ing distinction refers to cember 31, ber 15, the Customs documents 1998 1998; and IN that must be presented. 69 of De-

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Measure 1. Temporary Importation / Temporary Admission of Certain Goods Related to Business Travelers

i.a) Provide for suspension of customs ii. Identify promotional doc- iii. Establish streamlined iv. Establish an allowable v. a) Where possible, minimize vi. Under normal circum- COUNTRY duties uments and other goods that procedures for promotional time period for temporary the cost and administrative stances, documentation and do not require guarantees documents and other goods importation/temporary ad- complexity of obtaining guar- approval should be provid- b) Indicate if you differentiate depending upon entry that remain in the country mission antees for temporary importa- ed upon entry of the busi- on whether or not these goods accompa- tion/temporary admission. ness traveler ny the business traveler? b) Where possible, the amount of guarantees required should not exceed the amount of duties otherwise payable Is it Implemented? Technical Is it Technical Is it Technical As- Is it Technical Is it Technical Is it Technical Assistance? Implemented? Assistance? Implemented? sistance? Implemented? Assistance? Implemented? Assistance? Implemented? Assistance? cember 10, 1996 Canada a. Yes --- Yes. Order in --- Yes. Order --- Yes. Order --- Yes. Order in --- Yes. Order in --- Order in Council P.C. Council P.C. in Council in Council Council P.C. Council P.C. 1997-2030, December 1997-2030, P.C. 1997- P.C. 1997- 1997-2030, 1997-2030, 29, 1997 December 29, 2030, 2030, December 29, December 29, Departmental Memo- 1997 December December 1997 1997 radum D8-1-1: Tempo- Departmental 29, 1997; 29, 1997 Departmental Departmental rary Importation (Tariff Memorandum Departmen- Departmen- Memorandum Memorandum Item 9993.00.00) Regu- D8-1-1: Tem- tal Memo- tal Memo- D8-1-1: Tem- D8-1-1: Tem- lations; porary Impor- randum D8- randum D8- porary Importa- porary Impor- Order in Council P.C. tation (Tariff 1-1: Tempo- 1-1: Tempo- tion (Tariff tation (Tariff 1974-2522, November Item rary Importa- rary Importa- Item Item 19, 1974; Departmental 9993.00.00) tion (Tariff tion (Tariff 9993.00.00) 9993.00.00) Memorandum D8-3-1: Regulations; Item Item Regulations Regulations Advertising Material Order in 9993.00.00) 9993.00.00) Remission Order Council P.C. Regulation Regulations b. No. Canada does not 1974-2522, differentiate. Not appli- November 19, cable for implementa- 1974; Depart- tion. mental Memo- randum D8-3- 1: Advertising Material Re- mission Order Chile a. Yes. Article 106, Tar- --- No guarantee --- Yes. Reso- --- Yes --- a) and b) Does ---. Yes. Resolu- --- iff Law. is required for lution No. not apply. Tem- tion No. 2400 General re- b. No any type of 2400 of porary admis- of 1985, Chap. quirement of merchandise. 1985, Chap. sion does not III, Num. technical assis- Article 106, III, Num. require any type 10.6.3.1 tance: Tariff Law. 10.6.3.1 of guarantee. Technical assistance is requested in computer programs, and

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Measure 1. Temporary Importation / Temporary Admission of Certain Goods Related to Business Travelers

i.a) Provide for suspension of customs ii. Identify promotional doc- iii. Establish streamlined iv. Establish an allowable v. a) Where possible, minimize vi. Under normal circum- COUNTRY duties uments and other goods that procedures for promotional time period for temporary the cost and administrative stances, documentation and do not require guarantees documents and other goods importation/temporary ad- complexity of obtaining guar- approval should be provid- b) Indicate if you differentiate depending upon entry that remain in the country mission antees for temporary importa- ed upon entry of the busi- on whether or not these goods accompa- tion/temporary admission. ness traveler ny the business traveler? b) Where possible, the amount of guarantees required should not exceed the amount of duties otherwise payable Is it Implemented? Technical Is it Technical Is it Technical As- Is it Technical Is it Technical Is it Technical Assistance? Implemented? Assistance? Implemented? sistance? Implemented? Assistance? Implemented? Assistance? Implemented? Assistance? for training in monitoring and inspection under this regime. Colombia a. Yes. Resolution --- a. Yes. Reso- --- If the goods arrive --- Yes. --- a. No No Yes --- DIAN 4240 of 2000 lution DIAN via travelers, no se- Resolution With regard to this b. Yes. Decree 2685 of 4240 of 2000 curity is required. In DIAN 4240 primary element 1999 b. Yes. Decree the case of tempo- of 2000 No. v.a), Colombia 2685 of 1999 rary importation, a is implementing ad- security is required. ministrative and le- There is no special gal procedures for treatment for adver- adhering to the Is- tising documents. tanbul Convention Resolution 4240 of b. Yes, Resolution 2000 4240 of 2000 Costa Rica a. Yes No Yes. Law No. No Yes. Law No Yes. Law No Yes. Law No. No Yes. Law No. No b. Yes 7557, Art. 167 No. 7557, No. 7557 7557, Art. 65 7557, Art. 368 Law No. 7557, Art.165 Arts. 127 to Art. 165 and and Articles et. seq. Executive De- 129, 133, Articles 446, 165 and 435 cree No. 25270-H, Arti- and Articles 452, 453, et. seq. of its cle 366 409 to 419 of 454, 457, Regulations its Regula- 458, 462 of tions its Regula- tions Dominica a. Yes. Section 58(1)(a) -- Yes --- No --- Yes. Section --- Yes. Depart- --- Yes --- of the Dominica Cus- 58(1)(a) of mental Policies toms Act. the Domini- and Procedures. b. No differentiation. ca Customs Act. Dominican Re- a. Yes No Yes. Accord- No Yes. Law --- Yes. Law --- Yes. Law No. --- Yes --- public b. Yes ing to Law No. 3489 No. 241, 3489 and 241 Law No. 3489 Law No. 3489 No. 3489, 3489 and in- and adminis- Customs Au- ternal admin- trative provi- thorities may istrative pro- sions identify, with- visions

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Measure 1. Temporary Importation / Temporary Admission of Certain Goods Related to Business Travelers

i.a) Provide for suspension of customs ii. Identify promotional doc- iii. Establish streamlined iv. Establish an allowable v. a) Where possible, minimize vi. Under normal circum- COUNTRY duties uments and other goods that procedures for promotional time period for temporary the cost and administrative stances, documentation and do not require guarantees documents and other goods importation/temporary ad- complexity of obtaining guar- approval should be provid- b) Indicate if you differentiate depending upon entry that remain in the country mission antees for temporary importa- ed upon entry of the busi- on whether or not these goods accompa- tion/temporary admission. ness traveler ny the business traveler? b) Where possible, the amount of guarantees required should not exceed the amount of duties otherwise payable Is it Implemented? Technical Is it Technical Is it Technical As- Is it Technical Is it Technical Is it Technical Assistance? Implemented? Assistance? Implemented? sistance? Implemented? Assistance? Implemented? Assistance? Implemented? Assistance? in legal parameters, which documents do not require a guarantee upon entry. Ecuador a. No. Customs service No There is no No There is no No According to No a. No. The cost of No Yes. Travelers will No charges exempted ex- specific listing Manual of Customs Or- the security is not de- have to present tem- cept for imports of per- of promotion- Customs ganic Law termined by customs, porary importation sonal effects, household al documents Procedures and its regu- but by the enterprises regime application effects, and tools of and a descrip- for the im- lation, the that provide it. There forms with the corre- trade. Organic Customs tion of goods portation of maximum are no established sponding bank guar- Law No. 99, Official subject to promotional time period time periods for leg- antee for the taxes Register No. 359, July guarantees. documents. for materials islative changes that whose payment has 13, 1998, as modified The Tempo- Its imple- to remain in are to be made. been suspended, by Law No. 181 of rary Admis- mentation the country b. No which shall be re- April 30, 1999, Article sion Regime would imply is of up to funded at the time the 27 a). provides for an amend- 180 days, ex- The Law’s regula- goods are re-export- b. Yes. the suspension ment to the tendable to a tions establish that ed. Where certain of taxes, but Regulation similar peri- temporary importa- advertising material there has to be of the Cus- od, contin- tion with re-exporta- is to be delivered in a bank guaran- toms Organ- gent upon tion in the same state the local market, it ty equivalent ic Law, in re- the posting is a regime involving must be nationalized, to 120% of the spect to the of a bank suspension of the with payment of the value of the value and guaranty. payment of taxes for corresponding taxes. revenue that quantity, de- the time period estab- Travelers present a would have pending on lished by the customs declaration for their been collected the case. authority; thus, a personal effects, but by the State. bank guarantee in the in the case of tempo- Article 58 of amount of 120% of rary admission, they the Organic the value of the taxes must present tempo- Customs Law. to be collected must rary importation be deposited, with an regime forms, with additional 20% to the corresponding

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Measure 1. Temporary Importation / Temporary Admission of Certain Goods Related to Business Travelers

i.a) Provide for suspension of customs ii. Identify promotional doc- iii. Establish streamlined iv. Establish an allowable v. a) Where possible, minimize vi. Under normal circum- COUNTRY duties uments and other goods that procedures for promotional time period for temporary the cost and administrative stances, documentation and do not require guarantees documents and other goods importation/temporary ad- complexity of obtaining guar- approval should be provid- b) Indicate if you differentiate depending upon entry that remain in the country mission antees for temporary importa- ed upon entry of the busi- on whether or not these goods accompa- tion/temporary admission. ness traveler ny the business traveler? b) Where possible, the amount of guarantees required should not exceed the amount of duties otherwise payable Is it Implemented? Technical Is it Technical Is it Technical As- Is it Technical Is it Technical Is it Technical Assistance? Implemented? Assistance? Implemented? sistance? Implemented? Assistance? Implemented? Assistance? Implemented? Assistance? cover the opportunity bank guarantee for cost of the money, the taxes whose pay- the financial market ment has been sus- interest rate, and pended, which will fines for failure to be refunded at the comply with the time the goods are re- regime. exported. Where certain advertising material is to be delivered in the local market, it must be nationalized, with payment of the corresponding taxes. El Salvador a. Yes. Implemented. Receive the Yes Receive the Yes. Instruc- Receive the Yes. Chap- Receive Yes Receive the Yes Receive b. No distinction exists. necessary necessary tion 10, In- necessary ter IV of RE- the neces- necessary the neces- training to training to struction training to CAUCA. sary train- training to sary train- clearly identi- clearly 1/98. clearly iden- Temporary ing to clearly ing to fy goods that identify tify goods Admission, clearly identify clearly should be al- goods that that should Art. 3 of the identify goods that identify lowed tempo- should be be allowed Regulation goods that should be goods that rary entry with allowed temporary to the Bag- should be allowed should be business trav- temporary entry with gage Law. allowed temporary allowed elers. entry with business temporary entry with temporary business travelers. entry with business entry with travelers. business travelers. business travelers. travelers. Grenada ------Guatemala Partially Yes. Legisla- Partially Yes. Leg- Partially Yes. Yes No Yes. No No No tive modifica- islative Changes in CAUCA Art. CAUCA Art. Estimated implementation; changes Estimated im- modfica- Estimated administra- 73 28 Estimated im- tion by April 7, 2001 in administra- plementation tion; implementa- tive proce- plementation tive proce- by April 7, changes in tion by April dures. by April 7, dures. 2001 administra- 7, 2001 2001 tive proce-

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Measure 1. Temporary Importation / Temporary Admission of Certain Goods Related to Business Travelers

Honduras a. Yes --- Yes --- Yes Yes Yes, 3 --- Yes Yes Yes --- b. Yes months. Implemented through the Remarks: Remarks: application of Art. 73 of the Technical as- Technical Customs Law and the Law sistance is assistance on the Control of Customs needed in is needed in Duties Exemptions. computer computer programs, programs,

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Measure 1. Temporary Importation / Temporary Admission of Certain Goods Related to Business Travelers

i.a) Provide for suspension of customs ii. Identify promotional doc- iii. Establish streamlined iv. Establish an allowable v. a) Where possible, minimize vi. Under normal circum- COUNTRY duties uments and other goods that procedures for promotional time period for temporary the cost and administrative stances, documentation and do not require guarantees documents and other goods importation/temporary ad- complexity of obtaining guar- approval should be provid- b) Indicate if you differentiate depending upon entry that remain in the country mission antees for temporary importa- ed upon entry of the busi- on whether or not these goods accompa- tion/temporary admission. ness traveler ny the business traveler? b) Where possible, the amount of guarantees required should not exceed the amount of duties otherwise payable Is it Implemented? Technical Is it Technical Is it Technical As- Is it Technical Is it Technical Is it Technical Assistance? Implemented? Assistance? Implemented? sistance? Implemented? Assistance? Implemented? Assistance? Implemented? Assistance? and for train- and for ing in pro- training in cessing, processing, monitoring monitoring and inspec- and inspection under tion under this regime. this regime. Jamaica a. Yes. Jamaican Cus- Yes. The Cus- Partially. Yes. See Yes. Ja- Yes. See an- Yes. Ja- Yes. See Yes. Jamaican -- No Yes. toms Act. toms Depart- answer to maican Cus- swer to Mea- maican Cus- answer to Customs Act Would be b. -- ment has not Measure toms Act. sure 1(i) toms Act. Measure needed for developed an 1(i) 1(i) imple- electronic sys- menting tem to process the mea- the entry sure, par- forms. Tech- ticularly nical assis- for estab- tance would lishing be needed for network developing a facilities. business / system design. Mexico a. Yes --- Does not ap- --- Yes --- Yes. Cus- --- a. Not applica- --- Yes --- b. Yes ply. toms Law, ble Customs Law, Art. 106 This regime Article 106. b. Not applica- does not re- ble quire guarantees upon en- This regime try. does not require guarantees upon entry. Nicaragua a. Yes. Political Consti- --- No Not re- Yes. Law --- Yes. Six (6) No Not applicable, --- Yes, the docu- --- tution of the Republic, quired. Its No. 265 months are because the ment entitled Article 68, completely definition "Law Estab- granted granting, regu- “Passenger exempts the import of will be es- lishing Auto- based on the lation and costs Declaration” books, pamphlets and tablished in Dispatch for Regulations of the guaran- is submitted

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Measure 1. Temporary Importation / Temporary Admission of Certain Goods Related to Business Travelers

Paraguay a. Yes --- Yes --- Yes --- Yes --- Yes --- Yes --- b. --- Peru a. Yes. The temporary No Yes. It only No Yes. No Yes. There No a. Yes, General --- Yes. importation of tools and lists the goods Streamlined is a maxi- Customs Law, Supreme De- equipment necessary for that do not re- procedures mum period Art. 26 cree 59-95- carrying out the func- quire a guar- are estab- of 12 months b. Yes, General EF, Art. 25 tions or activities of pro- antee; in addi- lished for the for the tem- Customs Law, fessionals and technical tion, promo- temporary porary entry Art. 63. personnel who enter to tional docu- import of of goods. provide services to a ments are not goods into Supreme company is under con- listed. the country. Decree No. sideration. Supreme Supreme 59-95-EF Regulation on Equip- Decree No. Decree No.

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Measure 1. Temporary Importation / Temporary Admission of Certain Goods Related to Business Travelers

Trinidad and a. Yes No No Yes. Train- Yes. Section -- Yes. Section -- a. No No Yes. Execu- -- Tobago b. No ing in the 40 of Cus- 40 of Cus- b. Yes tive decision. Section 40 of Customs ATA Con- toms Act, toms Act, Section 40 of Act, Chapter 78:01. vention Chapter Chapter Customs Act,

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Measure 1. Temporary Importation / Temporary Admission of Certain Goods Related to Business Travelers

i.a) Provide for suspension of customs ii. Identify promotional doc- iii. Establish streamlined iv. Establish an allowable v. a) Where possible, minimize vi. Under normal circum- COUNTRY duties uments and other goods that procedures for promotional time period for temporary the cost and administrative stances, documentation and do not require guarantees documents and other goods importation/temporary ad- complexity of obtaining guar- approval should be provid- b) Indicate if you differentiate depending upon entry that remain in the country mission antees for temporary importa- ed upon entry of the busi- on whether or not these goods accompa- tion/temporary admission. ness traveler ny the business traveler? b) Where possible, the amount of guarantees required should not exceed the amount of duties otherwise payable Is it Implemented? Technical Is it Technical Is it Technical As- Is it Technical Is it Technical Is it Technical Assistance? Implemented? Assistance? Implemented? sistance? Implemented? Assistance? Implemented? Assistance? Implemented? Assistance? 78:01. 78:01. Chapter 78:01; Regulations No. 164-172 of customs Act, along with Adminis- trative Proce- dures. United States a. Yes Yes. 19 CFR --- Yes. 19 CFR --- Yes. 19 USC --- a. Yes --- Yes. As a matter --- b. Yes. Parts 10.151- Parts 10.151- 66, 1202, The U.S. has signed the of policy, U.S. 19 U.S. Code (USC) 10.153, 143, 10.153, 143, 1321, 1484, ATA Convention and Customs makes 66,1202, 1321, 1484; Subpart C. Subpart C. 1498, 1552- implemented procedures declarations at- 1498, 1552-4, 1623, HTS General HTS General 4, 1623, that allow business trav- tainable upon 1624. 10 Code of Feder- Note 16. Note 16. 1624. 19 elers to accomplish tem- entry of the al Regulations (CFR) CFR Parts porary importation/ad- business traveler Parts 18, 54, 114. 18, 54, 114. mission through the use from inspectors Harmonized Tariff HTS Chapter of carnets. This facility at ports of entry Schedule (HTS) Chapter 98 is intended to minimize and provides 98 the cost and administra- declarations to tive complexity of ob- carriers who taining guarantees for then disseminate eligible temporary im- documents to portations. travelers before b. Not applicable. arrival. U.S. Customs does not undertake the calcula- tion of comparative costs. The costs of ATA carnet issuance are con- trolled by private sector issuing associations, not U.S. Customs. Business travelers must determine which option (use of temporary or of normal importation procedures)

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Measure 1. Temporary Importation / Temporary Admission of Certain Goods Related to Business Travelers

i.a) Provide for suspension of customs ii. Identify promotional doc- iii. Establish streamlined iv. Establish an allowable v. a) Where possible, minimize vi. Under normal circum- COUNTRY duties uments and other goods that procedures for promotional time period for temporary the cost and administrative stances, documentation and do not require guarantees documents and other goods importation/temporary ad- complexity of obtaining guar- approval should be provid- b) Indicate if you differentiate depending upon entry that remain in the country mission antees for temporary importa- ed upon entry of the busi- on whether or not these goods accompa- tion/temporary admission. ness traveler ny the business traveler? b) Where possible, the amount of guarantees required should not exceed the amount of duties otherwise payable Is it Implemented? Technical Is it Technical Is it Technical As- Is it Technical Is it Technical Is it Technical Assistance? Implemented? Assistance? Implemented? sistance? Implemented? Assistance? Implemented? Assistance? Implemented? Assistance? is least costly; U.S. Cus- toms will allow an im- porter to use any procedure for which their importation is eligible. ATA Convention. Uruguay Partially. Only in the Yes. For the See answer to Yes. For See answer Yes. For the Yes. Decree --- See answer to --- See answer to --- scope of MERCOSUR. implementa- Measure 1(i). the imple- to Measure implementa- 330/992 of Measure 1(i). Measure 1(i). The National Customs tion, in gener- mentation, 1(i). tion, in gen- July 16, Administration has not al, of the ATA in general, eral, of the 1992 implemented a specific Chapters [An- of the ATA ATA Chap- procedure for the entry nexes] Chapters ters [Annex- of promotional docu- [Annexes] es] ments and other items related to business travel. There are other rules governing temporary admission relating to other items or other sub- jects. Venezuela a. Yes. No There is no No No No Yes. No a. It is not re- No Yes. No Decree No. 1665 of distinction. As Decree No. quired that the Order No. 135 Dec. 27, 1996. can be appre- 1665 of Dec. interested party of Sept. 20, b. Not specified ciated, it is a 27, 1996, Ar- present a guar- 1996. Suspension ticle 34. antee for the Regime of a amount of the general nature, import duties not solely for owed, and the promotional corresponding documents. payment of fees No distinction for Customs is established Services is re- between quired. goods that ac- b. Yes company the

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Measure 1. Temporary Importation / Temporary Admission of Certain Goods Related to Business Travelers

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

Measure 2. Express Shipments:

COUNTRY i. Provide for separate expe- ii. Provide for pre-arrival pro- iii. Permit submission of a iv. Where possible, and with v. In normal circumstances, vi. In response to requests dited customs processing for cessing of information and data single manifest covering all of the appropriate guarantees, express shipments should be from express shipment com- express shipments related to express shipments the goods in the shipment by provide for the release of cer- released by customs authori- panies, consideration could be the express service company, tain goods through submis- ties within 6 hours of the sub- given to providing extended through electronic or other sion of minimal documenta- mission of necessary customs hours of service and/or cus- means tion and/or deferred payment documentation provided the toms processing at premises goods have arrived under the control of the customs authority, at the discre- tion of customs authorities Is it Technical Is it Technical Is it Technical As- Is it Technical As- Is it Implement- Technical Is it Technical Implemented? Assistance? Implemented? Assistance? Implemented? sistance? Implemented? sistance? ed? Assistance? Implemented? Assistance? Antigua and ------Barbuda Argentina Yes. Decree -- No No Yes. Annex -- Dispatch is -- Yes No Yes No No. 1187/93, III "A", Item permitted with Resolution No. Date to be de- B.1; Annex IV the presenta- 2436/96 fined "C" of Resolu- tion of mini- (RGANTI), tion No. mum docu- Resolution No. 4288/95. mentation. 3236/96 Without de- (RGCOTI). ferred payment Bahamas Yes -- No -- No -- Under study -- Yes -- No -- Barbados Yes. Section Yes. Re- Partially. Cus- Yes. Mainly -- -- Partially. -- Yes. Section --- Yes. Section 8 -- 171 of Customs quired to toms Act. in the area of 171 of the Cus- of Customs Act. provide up- computer soft- toms Act Act. graded ware. electronic processing of information in terms of acquisition of the software and training in the use of the software. Belize Partially Yes. Draft- Yes. Proce------Partially Yes. Tech- Yes. Depart- --- Partially --- ing amend- dures and nical and le- mental policy. ment to ex- Customs Law. gal drafting isting law for amend- required. ment on the law. Bolivia Yes. --- No. Estimated Yes, TA is Yes Yes, TA is Yes minimal --- Partially Yes, TA is Partially (envi- Yes, TA is Law No. 1990, for the end of needed Law No. needed documenta- (envisioned in needed sioned in future needed

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

Measure 2. Express Shipments:

COUNTRY i. Provide for separate expe- ii. Provide for pre-arrival pro- iii. Permit submission of a iv. Where possible, and with v. In normal circumstances, vi. In response to requests dited customs processing for cessing of information and data single manifest covering all of the appropriate guarantees, express shipments should be from express shipment com- express shipments related to express shipments the goods in the shipment by provide for the release of cer- released by customs authori- panies, consideration could be the express service company, tain goods through submis- ties within 6 hours of the sub- given to providing extended through electronic or other sion of minimal documenta- mission of necessary customs hours of service and/or cus- means tion and/or deferred payment documentation provided the toms processing at premises goods have arrived under the control of the customs authority, at the discre- tion of customs authorities Is it Technical Is it Technical Is it Technical As- Is it Technical As- Is it Implement- Technical Is it Technical Implemented? Assistance? Implemented? Assistance? Implemented? sistance? Implemented? sistance? ed? Assistance? Implemented? Assistance? Art. 133, para- 2002. 1990, Art. tion; (Law No. future Regula- Regulations to graph d) 133, para- 1990, Art. tions to Law Law No. 1990) graph d) 133) No de- No. 1990) ferred payment Brazil Yes. IN 57, --- Yes. IN 102 of --- Yes. IN 57, --- Yes. IN 57, --- Yes --- Yes. IN 57, --- Oct. 1, 1996 December 20, Oct. 1, 1996; Oct. 1, 1996 Oct. 1, 1996 1994. IN 69, Dec. 10, 1996 Canada Yes. Customs --- Yes. Depart- --- Yes. Depart- --- Yes. Depart- --- Yes. Depart- --- Yes. Couriers --- Act, Sections mental Memo- mental Memo- mental Memo- mental Memo- pay cost-recov- 32, 40 and 43; randum D17- randum D17- randum D17- randum D17-4- ery for services- Order in Coun- 4-0: Courier/ 4-0: 4-0: 0: Courier/Low on-demand cil P.C. 1995- Low Value Courier/Low Courier/Low Value Ship- Departmental 1352, August Shipment Value Ship- Value Ship- ment (LVS) Memorandum 16, 1995 (LVS) Pro- ment (LVS) ment (LVS) Program - Low D17-4-0: Departmental gram - Low Program - Program - Value Com- Courier/Low Memorandum Value Com- Low Value Low Value mercial Goods Value Shipment D17-4-0: mercial Goods Commercial Commercial (LVS) Program Courier/Low Goods Goods - Low Value Value Shipment Commercial (LVS) Program Goods - Low Value Commercial Goods.

Chile Yes. Resolution --- Yes --- Yes. Tariff --- Yes. With --- Yes --- Yes --- 2400 of 1985, Law, Article supporting General re- Chap. III, Num- 37; Resolution documenta- quirement of ber 8.7 2400 of 1985, tion. Resolu- technical assis- Chap. III, tion No. 2400 tance: Number of 1985, Request the cre- 8.7.10, para- Chapter III, ation of work- graph 6. Number ing groups to 8.7.15 define a frame-

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

Measure 2. Express Shipments:

COUNTRY i. Provide for separate expe- ii. Provide for pre-arrival pro- iii. Permit submission of a iv. Where possible, and with v. In normal circumstances, vi. In response to requests dited customs processing for cessing of information and data single manifest covering all of the appropriate guarantees, express shipments should be from express shipment com- express shipments related to express shipments the goods in the shipment by provide for the release of cer- released by customs authori- panies, consideration could be the express service company, tain goods through submis- ties within 6 hours of the sub- given to providing extended through electronic or other sion of minimal documenta- mission of necessary customs hours of service and/or cus- means tion and/or deferred payment documentation provided the toms processing at premises goods have arrived under the control of the customs authority, at the discre- tion of customs authorities Is it Technical Is it Technical Is it Technical As- Is it Technical As- Is it Implement- Technical Is it Technical Implemented? Assistance? Implemented? Assistance? Implemented? sistance? Implemented? sistance? ed? Assistance? Implemented? Assistance? work to establish rights, obligations and sanctions for couriers. Colombia Yes. --- No Yes. Yes Yes Yes, minimum --- Yes --- Yes --- Decree 2685 of Implemen- Assistance is needed Decree documentation 1999. tation based for implementing a 2685 of (Decree 2685 Resolution on techni- monitoring computer 1999 Res- of 1999 and DIAN No. 4240 cal assis- program, at some of olution Res. DIAN of 2000. De- tance the customs adminis- 4240 of 4240 of 2000); cree No. 1232 needs. trations, which is 2000 No payment of 2001 compatible with the deferral Century XXI Cus- toms System. The Century XXI Com- puter Program has the following proper- ties: The programs/ appli- cations have been developed with WWW Internet tools: Windows NTES, IIS, Certificate Server, RDBMS SQL, SERVER v7. The computer system has the following telecommunications systems: *dedicated E1 (2Mbps) Internet connections, *120- line PBX connections, *FRAME RE- LAY WAN connec-

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

Measure 2. Express Shipments:

COUNTRY i. Provide for separate expe- ii. Provide for pre-arrival pro- iii. Permit submission of a iv. Where possible, and with v. In normal circumstances, vi. In response to requests dited customs processing for cessing of information and data single manifest covering all of the appropriate guarantees, express shipments should be from express shipment com- express shipments related to express shipments the goods in the shipment by provide for the release of cer- released by customs authori- panies, consideration could be the express service company, tain goods through submis- ties within 6 hours of the sub- given to providing extended through electronic or other sion of minimal documenta- mission of necessary customs hours of service and/or cus- means tion and/or deferred payment documentation provided the toms processing at premises goods have arrived under the control of the customs authority, at the discre- tion of customs authorities Is it Technical Is it Technical Is it Technical As- Is it Technical As- Is it Implement- Technical Is it Technical Implemented? Assistance? Implemented? Assistance? Implemented? sistance? Implemented? sistance? ed? Assistance? Implemented? Assistance? tions. Protected with FIREWALL information security tech- nology and PKII components through digital certificates. In the near future, digital signatures will be used. Costa Rica Yes. Law No. Yes, it is No. Yes. Techni- No. Yes, because Yes No Yes No Yes No 7557, Art. 127 appropriate cal and eco- the necessary Law No. Law No. 7557, to 129 and 409 to have an Estimated im- nomic assis- Estimated im- technological 7557, Art. 417 Art. 417 and to 419 of its expert in plementation tance for re- plementation platform is and 418 418. Regulations this area, in by 2002. viewing legis- by 2002. not in place. order to as- lation and cur- sess the rent proce- customs dure, in order legislation to develop and the re- software and spective acquire equip- procedure. ment to imple- Based on ment this mea- the results sure. of such assessment, a second stage will be in- volved, to develop the necessary computer systems.

Dominica No --- No --- Yes --- Partially --- No --- No --- Dominican Re- Yes. Decree --- Yes. Decree --- Partially. Yes. All that Yes. Law No. Yes. Refor- Yes. Decree --- Yes. Decree ---

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

Measure 2. Express Shipments:

COUNTRY i. Provide for separate expe- ii. Provide for pre-arrival pro- iii. Permit submission of a iv. Where possible, and with v. In normal circumstances, vi. In response to requests dited customs processing for cessing of information and data single manifest covering all of the appropriate guarantees, express shipments should be from express shipment com- express shipments related to express shipments the goods in the shipment by provide for the release of cer- released by customs authori- panies, consideration could be the express service company, tain goods through submis- ties within 6 hours of the sub- given to providing extended through electronic or other sion of minimal documenta- mission of necessary customs hours of service and/or cus- means tion and/or deferred payment documentation provided the toms processing at premises goods have arrived under the control of the customs authority, at the discre- tion of customs authorities Is it Technical Is it Technical Is it Technical As- Is it Technical As- Is it Implement- Technical Is it Technical Implemented? Assistance? Implemented? Assistance? Implemented? sistance? Implemented? sistance? ed? Assistance? Implemented? Assistance? public No. 107-98. No. 107-98 Decree No. remains is to 3489 mulate the No. 107-98 and No. 107-98 107-98 acquire addi- draft Cus- Decree No. 96- tional com- toms Law 98 puter equip- before the ment, to Congress so complete the it will pro- software de- vide for development, ferred pay- and to pro- ment. vide appropriate training. Ecuador Yes. Customs Yes This is subject Yes The Ministeri- No Yes to simpli- No In the case of Yes Yes. We antici- Yes Organic Law to regulations al Agreement fied documen- small packages, pate that cus- No. 99, Article established by No. 034 estab- tation (general the customs toms will work 69 on Interna- the national lishes that manifest), but procedure is 24 hours a day tional Mail and customs au- small parcels there is no de- immediate (2 receiving and Express Mail. thority. Imple- or internation- ferment of hours). In the clearing ship- mentation of a al mail will payment. Min- case of goods ments. new set of clear Customs isterial Agree- whose value is regulations is using a simpli- ment No. 034, greater than anticipated. fied declara- Article 13. US$200 and We expect to tion. 180 days. samples with implement a no commercial new system value, whose within 120 value exceeds days from Oc- US$500, they tober 2000. must undergo normal processing, following physical valuation. 120 days. In the case of corre- spondence, clearance is al-

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

Measure 2. Express Shipments:

COUNTRY i. Provide for separate expe- ii. Provide for pre-arrival pro- iii. Permit submission of a iv. Where possible, and with v. In normal circumstances, vi. In response to requests dited customs processing for cessing of information and data single manifest covering all of the appropriate guarantees, express shipments should be from express shipment com- express shipments related to express shipments the goods in the shipment by provide for the release of cer- released by customs authori- panies, consideration could be the express service company, tain goods through submis- ties within 6 hours of the sub- given to providing extended through electronic or other sion of minimal documenta- mission of necessary customs hours of service and/or cus- means tion and/or deferred payment documentation provided the toms processing at premises goods have arrived under the control of the customs authority, at the discre- tion of customs authorities Is it Technical Is it Technical Is it Technical As- Is it Technical As- Is it Implement- Technical Is it Technical Implemented? Assistance? Implemented? Assistance? Implemented? sistance? Implemented? sistance? ed? Assistance? Implemented? Assistance? most immediate. For other types of goods, we are implementing a procedure providing for rapid processing, with customs working 24 hours. El Salvador a. Yes. Instruc- Receive the No, still under Receive the No, still under Receive the No Receive the Yes, (less than Receive the Yes. Decree No tion 1/98, pro- necessary study. necessary study. necessary necessary 6 hours). necessary 134, Law of cedures for training to training to training to training to training to Extraordinary clearance of manage manage cus- manage cus- manage manage Services in the goods trans- customs toms control toms control customs customs Customs Of- ported by couri- control sys- systems that systems that control sys- control sys- fices of the Re- er companies. tems that facilitate the facilitate the tems that fa- tems that public. facilitate rapid release rapid release cilitate the facilitate the rapid of express of express rapid re- the rapid release of shipments shipments lease of ex- release of express while also while also press ship- express shipments minimizing minimizing ments while shipments while also the possibility the possibili- also mini- while also minimizing of fraud in the ty of fraud in mizing the minimizing the possi- declaration of the declara- possibility the possibility of these ship- tion of these of fraud in bility of fraud in the ments. shipments. the declara- fraud in the declaration tion of these declaration of these shipments. of these shipments. shipments.

Grenada ------Guatemala Yes No No. Yes. Changes No. Yes. No. Yes. Leg- Yes. Resolu- No Yes No Estimated im- in administra- Estimated im- Changes in islative tion No. CAUCA III plementation tive proce- plementation administra- Estimated im- changes; ac- 003142 of the

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

Measure 2. Express Shipments:

COUNTRY i. Provide for separate expe- ii. Provide for pre-arrival pro- iii. Permit submission of a iv. Where possible, and with v. In normal circumstances, vi. In response to requests dited customs processing for cessing of information and data single manifest covering all of the appropriate guarantees, express shipments should be from express shipment com- express shipments related to express shipments the goods in the shipment by provide for the release of cer- released by customs authori- panies, consideration could be the express service company, tain goods through submis- ties within 6 hours of the sub- given to providing extended through electronic or other sion of minimal documenta- mission of necessary customs hours of service and/or cus- means tion and/or deferred payment documentation provided the toms processing at premises goods have arrived under the control of the customs authority, at the discre- tion of customs authorities Is it Technical Is it Technical Is it Technical As- Is it Technical As- Is it Implement- Technical Is it Technical Implemented? Assistance? Implemented? Assistance? Implemented? sistance? Implemented? sistance? ed? Assistance? Implemented? Assistance? Art. 86 by April 7, dure. by April 7, tive proce- plementation quisition of General Cus- Resolution No. 2001 2001 dure; acqui- by April 7, equipment; toms Division, 003142 of the Training relat- sition of 2001 acquisition 27 March 1998 General Cus- ed to proce- equipment; of computer toms Division, dural practices acquisition programs 27 March 1998 is required, of computer that will allow programs for the application of software packages that will improve the han- dling of express shipment (courier), facilitate cross controls, data collection and mechanisms of inspection. Guyana Yes. Section --- Yes. Adminis- --- Yes --- Yes. Section --- Yes. Section --- Yes, Customs --- 270 of the Cus- trative proce- 270 of Cus- 270 of the Cus- Regulations toms Act dure under toms Act toms Act 173 & 63 of Section 270 is Customs Act used Haiti Yes --- No Yes Yes --- Yes --- Yes --- Yes --- Honduras Yes. Articles --- Yes Yes No. Yes --- Yes --- Yes --- 124, 127, 128 Yes and 129, Cus- In order to es- Shipments toms Law; Art. tablish and valued at Shipments 5, Number 3.5 implement greater than valued at of Decree 50-92 procedures $300 need greater than and training in DUA $300 the use of computer

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

Measure 2. Express Shipments:

COUNTRY i. Provide for separate expe- ii. Provide for pre-arrival pro- iii. Permit submission of a iv. Where possible, and with v. In normal circumstances, vi. In response to requests dited customs processing for cessing of information and data single manifest covering all of the appropriate guarantees, express shipments should be from express shipment com- express shipments related to express shipments the goods in the shipment by provide for the release of cer- released by customs authori- panies, consideration could be the express service company, tain goods through submis- ties within 6 hours of the sub- given to providing extended through electronic or other sion of minimal documenta- mission of necessary customs hours of service and/or cus- means tion and/or deferred payment documentation provided the toms processing at premises goods have arrived under the control of the customs authority, at the discre- tion of customs authorities Is it Technical Is it Technical Is it Technical As- Is it Technical As- Is it Implement- Technical Is it Technical Implemented? Assistance? Implemented? Assistance? Implemented? sistance? Implemented? sistance? ed? Assistance? Implemented? Assistance? packages, technical assistance is needed for the implementation process. Jamaica Yes. Jamaican Yes. Would No Yes. Would Yes. General Yes. In as- Yes. Ja- -- Yes. Jamaican -- Yes. Jamaican -- Customs Regu- be needed be needed for provisions of sisting some maican Cus- Customs Regu- Customs Regu- lations. for estab- establishing the Jamaican of the ship- toms Act. lations. lations. lishing in- internet proto- Customs Act. ping agents ternet pro- col network to get on line tocol net- facilities. and also to work facili- be able to ties. produce the standard format. Mexico Yes. Customs --- No --- Yes. Customs --- Yes. Yes. --- Yes --- Yes. Customs --- Law, Article Law, Article Customs Law, Law, Article 172, section I; 172, Section I, Article 172, 18, and Article Article 193 of and Article Section I, and 8 of the Regula- its Regulations 193 of its Article 193 of tions and rule and rule Nos.: Regulations. its Regula- 3.3.1. of the 3.5.24, 3.6.3., tions and rule Miscellaneous subheading H., 3.6.3., sub- Foreign Trade 3.7.6., 3.7.7. heading H., of Resolution of and 3.7.8. the miscella- 2000. 3.7.10 of the neous Foreign Miscellaneous Trade Resolu- Foreign Trade tion of 2000, Resolution of Mexican 2000. Postal Service Law. Nicaragua Yes. Through --- No Yes. To devel- Yes. Through --- Yes. Through --- Yes. Law No. --- Yes. Through --- administrative op computer administrative administrative 265 "Law Es- administrative rules modules to al- rules rules tablishing Au- rules low users to to-Dispatch for

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

Measure 2. Express Shipments:

Panama Yes. There are No Yes No Yes. Tax No Yes. Para. 4 No Yes No Yes No internal proce- Code, Art. 460 of law 16 of dures, but no et. seq. 29 August law. 1979, modified by Art. No. 8 of the July 1996 law.

Article No. 446 of the Fis- cal Code, modified by law No. 36 of 6 July 1995. Official Gazette 22,825 of 13 July 1995 Paraguay Yes --- Yes --- Yes --- Yes --- Yes ------Peru Yes. Supreme No Yes. The No Yes. See the No Yes. Simple, No Customs re- No Yes. Legisla- No Decree No. transmission response to flexible dis- lease is planned tive Decree No. 032-93-TCC of of the Cargo Measure 2i) patch is pro- to be within a 809 of April 19, November 4, Manifest be- vided for, with period of 6 1996 of the 1993; Supreme fore the arrival presentation hours, but it is General Cus- Decree No. of mailbags of minimal subject to the toms Law, and

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

Measure 2. Express Shipments:

COUNTRY i. Provide for separate expe- ii. Provide for pre-arrival pro- iii. Permit submission of a iv. Where possible, and with v. In normal circumstances, vi. In response to requests dited customs processing for cessing of information and data single manifest covering all of the appropriate guarantees, express shipments should be from express shipment com- express shipments related to express shipments the goods in the shipment by provide for the release of cer- released by customs authori- panies, consideration could be the express service company, tain goods through submis- ties within 6 hours of the sub- given to providing extended through electronic or other sion of minimal documenta- mission of necessary customs hours of service and/or cus- means tion and/or deferred payment documentation provided the toms processing at premises goods have arrived under the control of the customs authority, at the discre- tion of customs authorities Is it Technical Is it Technical Is it Technical As- Is it Technical As- Is it Implement- Technical Is it Technical Implemented? Assistance? Implemented? Assistance? Implemented? sistance? Implemented? sistance? ed? Assistance? Implemented? Assistance? 071-98-EF of via interna- documenta- time-schedule Supreme De- July 11, 1998; tional messen- tion. Supreme established by cree No. 121- and National ger is estab- Decree 71-98- banking entities 96-EF of De- Intendancy lished. EF; and R.I.N. for the cancel- cember 24, Resolution Supreme De- No. 002126. lation of of du- 1996 of the (R.I.N) No. cree No. 071- Deferred pay- ties, which may Regulations to 002126 of De- 98-EF of July ment of duties exceed such the General cember 7, 1998. 11, 1998 and is not provid- period. R.I.N. Customs Law. R.I.N. No. ed for because No. 002126 002126 of De- the General cember 7, Customs Law 1998. does not allow it. Legislative Decree No. 809 of April 19, 1996, General Cus- toms Law. St. Kitts and Yes. Depart- -- No -- Yes. Customs -- Yes. Depart- -- Yes. Customs -- Yes. Depart- -- Nevis mental Policies (Control and mental Poli- (Control and mental Policies and Procedures. Management) cies and Pro- Management) and Procedures. Act No. cedures. Act No. 4/1992, Sec- 4/1992, Section tion 25. 26. St. Lucia Yes. No Yes No No No Yes. Customs No Yes No Yes No (Control and Management) Act No. 239/1990. St. Vincent ------and the Grenadines Suriname No Yes. Tech- No Yes. See an- No Yes. See an- No Yes. See No Yes. See No Yes. See nical assis- swer Measure swer Mea- answer answer answer tance re- 2(i). sure 2(i). Measure Measure Measure quired 2(i). 2(i). 2(i).

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

Measure 2. Express Shipments:

Trinidad and Yes. Adminis- No No Yes. Equip- Yes. Section Yes. Equip- Yes. Regula- Yes. Equip- Yes. Adminis- No Yes No Tobago trative guide- ment 72 of Customs ment tion No. 49 of ment and trative guidelines Act, Chapter Customs Act, Training. lines. 78:01. Chapter 78:01. United States Yes. 19 USC --- Yes. 19 USC --- Yes. 19 USC --- Yes. 19 CFR --- Yes. U.S. Cus- --- Yes. 19 CFR --- 66, 1321, 1484, 1431. 19 CFR 1431. 19 CFR 128, Subpart toms Policy. 128, Subparts A 1498, 1624. 19 128.21. 128, Subpart C. and B CFR Part 128 C. Uruguay Yes. Daily Or- --- No --- Yes. Daily Or- --- No --- Yes --- No --- der No. der No. 109/994 of Oct. 109/994 of 13, 1994. Oct. 13, 1994. Venezuela Yes No No Yes. It would Yes No No minimal No Yes. Depend- No Yes No Resolution No. include the es- documenta- ing on the 3502 of July 8, tablishment tion. Yes, de- speed with 1997 and develop- ferred pay- which the com- ment of a self- ment. pany presents contained the appropriate project for es- documents. tablishing an electronic system to allow information processing and the exchange of data related to express shipments, which would include endowment of equipment and training.

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

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

Measure 3. Simplified Procedures for Low Value Shipments:

COUNTRY i. Establish minimal documentation, data and procedural requirements based on ii. Develop procedures to permit the electronic submission of information value of goods while maintaining the appropriate customs control and selection

Is it Implemented? Technical Assistance? Is it Implemented? Technical Assistance?

Antigua and Bar------buda Argentina Yes. Decree 855/97 (Official Bulletin 28.720), -- Yes. Decree 855/97 (Official Bulletin 28.720), -- General Resolution AFIP No. 631/99 and Decree General Resolution AFIP No. 631/99 and Decree 161/99 (Official Bulletin 29.100) 161/99 (Official Bulletin 29.100) Bahamas No -- No Yes. Development of procedures to permit the electronic submission of information. Barbados Partially No Partially. Section 2 of Customs Act Yes. The system needs to be upgraded and the necessary computer software would have to be acquired. Training of the customs personnel in the use of the software would also be necessary. Belize Partially. Departmental policy. --- Partially (Asycuda System, 2.7 version) Yes. Legislation and financial input needed. Bolivia Yes, it has been implemented. --- Partially (envisioned under the Customs Law, Yes Art. 76) (Estimated for the end of 2002) Brazil Yes. IN 124, 14 October 1999 --- Yes. IN 124, 14 October 1999. --- Canada Yes. Customs Act, Sections 32, 33, 35, 92, 166 --- Yes. Departmental Memorandum D17-1-0: Ac- --- and paragraphs 164(1)(d) and (i); counting for Imported Goods and Payment of Departmental Memorandum D17-1-0: Account- Duties Regulations; ing for Imported Goods and Payment of Duties Departmental Memorandum D17-1-2: Low Val- Regulations; ue Commercial Goods; Departmental Memorandum D17-1-2: Low Val- Departmental Memorandum D17-4-0: ue Commercial Goods; Courier/Low Value Shipment (LVS) Program - Departmental Memorandum D17-4-0: Low Value Commercial Goods Courier/Low Value Shipment (LVS) Program - Low Value Commercial Goods

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

Measure 3. Simplified Procedures for Low Value Shipments:

Is it Implemented? Technical Assistance? Is it Implemented? Technical Assistance?

Chile Yes. Resolution No. 2400 of 1985, Chap. III, --- Yes. Tariff Law, Article 71; Decree 1015, Trea- Yes Number 6.1 to 6.4 sury Ministry; Resolution 2400 of 1985, Chap. General require- III, Number 6.5 ment of technical assistance: Technical assistance is requested in computer programs, and for training on procedures, processing, monitoring and inspection under this regime. Colombia Yes. Decree 2685 of 1999 --- Yes. Decree 2684 of 1999 (under the ASYCUDA --- computer system, Century XXI Information Sys- tem) Costa Rica Yes No Yes. Law 7557, Art. 413 Executive Decree No. No 25270-H Dominica No --- No Yes. Hardware/ Software Training Dominican Re- Yes. Law No. 3489 and Decree No. 107-98 --- Partially. Yes. Technical assistance is needed public to reformulate the Draft Customs Law which lapsed in the Congress so it will allow declaration by magnetic and electronic media. Ecuador A simplified declaration is required, always fol- No The new regulations permit electronic transmis- No lowing Customs valuation procedures. sion and submission of information, which is cur- rently being implemented. 180 days. El Salvador Partially implemented Receive the necessary training Yes, Instruction 1/98, procedure for clearing Receive the necessary training to to clearly identify goods as low goods forwarded by courier companies. clearly identify goods as low value value shipments while also shipments while also minimizing the minimizing the possibility of possibility of fraud in the declaration fraud in the declaration of these of these shipments. shipments. Grenada ------

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

Measure 3. Simplified Procedures for Low Value Shipments:

Is it Implemented? Technical Assistance? Is it Implemented? Technical Assistance?

Guatemala Yes. CAUCA III Art. 90 No No Yes. Changes in administrative pro- Estimated implementation by April 7, 2001 cedures; acquisition of equipment; acquisition of computer programs

Assistance related to training procedures, control and accounting of low value shipments.

Guyana Yes. Annex II of Guyana Tariff --- No Technical Assistance is required in the area of legislative drafting, training and equipment Haiti Yes --- No Yes Honduras Yes --- No. In order to establish and implement proce- Yes. Technical assistance is needed dures and training in the use of statistical com- for computer programs, and for train- puter packages, technical assistance is needed for ing on procedures, processing, moni- the implementation process. toring and inspection. Jamaica Yes. Regulations to the Jamaican Customs Act, -- Partially. Customs Act. The system has not yet been imple- Section 147:c. mented in some areas of the country. Technical assistance is needed for establishing the Internet Protocol network facilities in these areas. Mexico Yes. Customs Law, Article 172, Section I; Arti- --- Yes. Customs Law, Articles 36 and 38 --- cle 193 of its Regulations and Rules 3.5.24, 3.6.3., 3.7.6., 3.7.7. and 3.7.8. of the Miscella- neous Foreign Trade Resolution of 2000. Nicaragua Yes. Through administrative rules for small ship- --- Yes. Law No. 265 "Law Establishing Auto-Dis- --- ments valued up to US$ 1,000.00, not containing patch for Importation, Exportation and Other commercial quantities. Regimes", published in "La Gaceta" Diario Ofi- cial No. 219 of Nov. 17, 1997 and its Regula- tions.

Panama Yes. Law 41 of 1996. No Yes. Tax Code, Art. 499 et. Seq.; Resolution No. No 704-04-531, Articles 4, 5, and 6 of Oct. 1, 1997. Paraguay Yes --- Yes --- Peru Yes. Legislative Decree No. 809 of April 19, No Yes. Legislative Decree No. 809 of April 19, No 1996 of the General Customs Law; Supreme De- 1996 of the General Customs Law; Supreme De- cree No. 121-96-EF of December 24, 1996 of the cree No. 121-96-EF of December 24, 1996 of the Regulations to the General Customs Law; and Regulations to the General Customs Law; and, National Intendancy Resolution (R.I.N.) No. National Intendancy Resolution (R.I.N.) No. 000984 of September 12, 1999. 000984 of September 12, 1999.

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

Measure 3. Simplified Procedures for Low Value Shipments:

Is it Implemented? Technical Assistance? Is it Implemented? Technical Assistance?

St. Kitts and Nevis Yes. Departmental Policies and Procedures. -- No -- St. Lucia Yes No No Yes. Software & hardware required Skills required for maintenance and updating. St. Vincent and ------the Grenadines Suriname No Yes. Technical assistance re- No Yes. See answer Measure 3(i) quired preferably in Dutch language. Trinidad and To- Yes. Administrative guidelines. No Yes. Administrative guidelines. Yes. Equipment and training. bago United States Yes. 19 USC 1498. 19 CFR 143, Subpart C. --- Yes. 19 USC 1411, 1484, 1498. 19 CFR 143, --- Subparts A and D. Uruguay No Yes. Technical assistance is Yes. Decree No. 312/998 of Nov. 3, 1998 --- needed for the analysis of the feasibility, design and implementation of the procedure. Venezuela Yes. Resolution 3592, Art. 15 No No Yes. It would include the establishment and development of a self-contained project for establishing an electronic system to allow information processing and the exchange of data related to express shipments, which would include endowment of equipment and training.

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

Measure 4. Compatible Electronic Data Interchange (EDI) Systems and Common Data Elements

COUNTRY i. Develop electronic systems accessi- ii. Develop capacity for electronic iii. Develop capacity for customs electron- iv. Work towards developing compatible ble to the trading community submission and processing of in- ic/automated systems to work in conjunc- electronic systems among customs formation and data prior to arrival tion with risk analysis and targeting administrations. of the shipment Is it Implemented? Technical Is it Technical Is it Technical Please indicate the electronic protocol(s) used Assistance? Implemented? Assistance? Implemented? Assistance? by the electronic system of your customs.technical assistance? Antigua and ------Barbuda Argentina Yes -- Yes -- Yes -- A draft resolution on "Electronic Data Trans- fer, Requirements and Conditions to be achieved for its implementation" is being elaborated, generic enough to allow the use of methodologies such as EDICAF and others Bahamas No Yes No Yes ------Barbados Partially. Section 2 -- Partially Yes. Required in Partially -- Automated Systems for Customs Data (ASY- of Customs Act. acquiring the CUDA) computer software, training in its use and con- trolling / monitoring of the system. Belize Partially Yes. Technical Partially Yes. Legislative Partially Yes. Computer unit ASYCUDA System, version. 2.7 and financial in- and financial sup- and entire staff re- ABAL - Uniware 7.1 put required. port required for quire training expansion Bolivia Partially (envi- Yes No. Estimat- Yes No. Estimated for Yes 1. TCP - IP in the Customs Central and bor- sioned in the Gen- ed for the end the end of 2002 der sub-administrations; and eral Customs Law of 2002 2. IPX/SPX in the Customs administrations in No. 1990, Art. the interior and in the airports. 254)

(Estimated for the end of 2002)

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

Measure 4. Compatible Electronic Data Interchange (EDI) Systems and Common Data Elements

Canada Yes. Accelerated --- Yes. Acceler- --- Yes. Accelerated --- Customs Declaration (CUSDEC) Message Commercial Re- ated Commer- Commercial Re- uses an approved EDI international standard lease Operations cial Release lease Operations (UN/EDIFACT) whereas the CADEX ver- Support System Operations Support System sion is proprietary; (ACROSS) Support Sys- (ACROSS); UN/EDIFACT CUSREP and CUSRES for Customs Automat- tem EDI Marine and RNs; ed Data Exchange (ACROSS); EDI Rail Cargo UN/EDIFACT CUSDEC for ACROSS elec- (CADEX) System EDI Marine Reporting are re- tronic release; Customs Declara- Cargo Report- viewed prior to ar- ANSI X12 for EDI Marine and Rail Cargo tion (CUSDEC) ing; rival by Enforce- (Version 4010) Message; EDI Rail Car- ment Directorate Release Notifica- go Reporting tion System (RNS); Advanced Ship- ping Notification System (ASN) for automotive companies; EDI Marine Cargo Reporting; EDI Rail Cargo Reporting Chile Yes. Article 71, --- No Yes. Yes, partial- Yes. UN/EDIFACT Customs Order; ly.

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

Measure 4. Compatible Electronic Data Interchange (EDI) Systems and Common Data Elements

Design and operation of a selection module that is as para- metric as possible, i.e., that makes possible the online con- struction and maintenance of screening mechanisms at both the national and regional lev- els. And which also makes it possible to construct screening mechanisms using methods more advanced than with logi- cal connectors, that instead incorporate statistical models, such as time series and proba- bility models, and artificial intelligence, such as neuronal networks.

Development of a module to support risk analysis, based on compiling of information, something similar to Data Min-

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

Measure 4. Compatible Electronic Data Interchange (EDI) Systems and Common Data Elements

Colombia Yes No Yes No Yes. Decree 2685 --- 1. ASYCUDA 2.6 is EDIFACT. of 1999 and Reso- 2. The Century XXI System is TCP/IP (proto- lution 4240 of col used for the Internet, with data encryption 2000 DIAN. using the DES algorithm).

Costa Rica Yes. Law No. Yes. For the Yes. Law No. Yes. For the pur- No Yes. It is urgent to ASCII 7557, Art. 103 et. purpose of mak- 7557, Art. 112 pose of making have training in the Internet seq. ing adjustments and Art. 331 adjustments to the Estimated imple- use of risk manage- to the Customs and 332 of its Customs Informa- mentation 2002 ment systems, as well Note: The imple- Information Sys- Regulation tion System (SIA) as in a computer sys- mented systems tem (SIA) 2000- 2000-2002, so tem that permits the require adjust- 2002, so that the that most of the establishment of ments. most of the sta- statistical infor- technical selection tistical informa- mation may be ac- criteria, for an intelli- tion may be ac- cessed via the gent control and in- cessed via the Web. spection system.. Web. The preceding requires financial resources and technical support from other Customs administrations (training, apprenticeships).

Dominica No Yes. Hardware No Yes. Hardware No Yes. Software (ICE ASYCUDA (2.7) and Software and Software 95) Training Training Dominican Repub- Partially. Yes. To finish No Yes No Yes CESM under CLIPPER lic Customs Modern- installing the ization Frame Relay Network

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

Measure 4. Compatible Electronic Data Interchange (EDI) Systems and Common Data Elements

COUNTRY i. Develop electronic systems accessi- ii. Develop capacity for electronic iii. Develop capacity for customs electron- iv. Work towards developing compatible ble to the trading community submission and processing of in- ic/automated systems to work in conjunc- electronic systems among customs formation and data prior to arrival tion with risk analysis and targeting administrations. of the shipment Is it Implemented? Technical Is it Technical Is it Technical Please indicate the electronic protocol(s) used Assistance? Implemented? Assistance? Implemented? Assistance? by the electronic system of your customs.technical assistance? Ecuador We have a web No We are in the Yes We are assessing Yes In the case of Ecuadorian Customs Adminis- page which we are process of de- the procedures in trations, they are implementing the electronic providing with veloping a order to incorpo- data interchange EDI and common data ele- specialized legal system that rate an electronic ments are provided for in the Customs Or- information. Esti- will make this selection system in ganic Law. However, the project and its im- mated implemen- possible. Esti- addition to the ex- plementation are very costly, making techni- tation by June mated imple- isting ones. Esti- cal and financial cooperation from interna- 2001 mentation by mated implementa- tional institutions indispensable. June 2001 tion by June 2001 Estimated implementation by December 2001 El Salvador Yes, Instruction No Yes, Instru- No Implemented. Yes Yes. Partially implemented Yes, technical 4/99 of May ment 1/99, Legislation does assistance is required. 25,1999. Proce- Procedures for not make reference dures for electron- the electronic to risk analysis. ic clearance. transmission However, Customs of the cargo are working to- manifest. wards the implementation of these systems. Grenada ------

Guatemala No. Estimated im- No No. Estimat- No No. Estimated im- No No. Estimated implementation by April 7, plementation by ed implemen- plementation by 2001 April 7, 2001 tation by April April 7, 2001 7, 2001 Guyana No Yes, Technical No Yes No Yes Customs uses the ASYCUDA System to assistance is process information needed to implement other modules

Haiti No Yes No Yes No Yes ASYCUDA Ver. 2.7, Yes

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

Measure 4. Compatible Electronic Data Interchange (EDI) Systems and Common Data Elements

Jamaica Partially Yes. Technical Partially -- No Yes. Needed for es- 1. ANSI-X12 ver 3040 (309 -file format). assistance is tablishment of the in- 2. CAMIR publication # 543, revised August needed for estab- ternet protocol net- 1995. lishment of the work facility. 3. EDIFACT ver D-98A (CUSCAR/CUSRES Internet Protocol - file format) network facility in other areas of the country. Mexico Yes. Customs --- Yes --- Yes. Customs --- EDIFACT, through the SAAI system Law, Articles 36 Law, Art. 2, Sec- and 38 tion VIII and Art. 43. Nicaragua No Yes. To develop No Yes. To acquire Yes. Law No. 265 --- TCPIP: In order to manage ASYCUDA, ver- computer mod- equipment and of Nov. 17, 1997, sion 2.7 ules to allow develop the nec- and its Regulation. Transitioning to ASYCUDA ++ users to access essary programs data on foreign for receiving the trade, customs data from the car- procedures and go manifest prior standards, as to arrival of the well as electronic merchandise. clearance [dispatch] for all users.

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

Measure 4. Compatible Electronic Data Interchange (EDI) Systems and Common Data Elements

COUNTRY i. Develop electronic systems accessi- ii. Develop capacity for electronic iii. Develop capacity for customs electron- iv. Work towards developing compatible ble to the trading community submission and processing of in- ic/automated systems to work in conjunc- electronic systems among customs formation and data prior to arrival tion with risk analysis and targeting administrations. of the shipment Is it Implemented? Technical Is it Technical Is it Technical Please indicate the electronic protocol(s) used Assistance? Implemented? Assistance? Implemented? Assistance? by the electronic system of your customs.technical assistance? Panama Partial Yes. It is neces- Yes. Tax --- No. Plan full im- Yes. Information ASYCUDA System, which will be replaced sary to determine Code, Art. 499 plementation by control for risk analy- by the "SICE" System, in the “Windows” en- Plan full imple- in advance the et. seq.; Reso- second semester sis. Parameters for vironment, with a connection to UN/EDI. mentation by sec- nature and scope lution No. 704- 2001 risk evaluation. Risk ond semester of of the informa- 04-531, Arti- assessment. Person- 2001 tion to be made cles 4, 5 and 6 nel training. Courses available to of Oct. 1, and internships. users, as a func- 1997. Technical support tion of confiden- from other customs tiality, which agencies and equip- should also be ment and software. preserved. Paraguay Yes --- Yes --- Yes ------Peru Yes. Decree 809 No Yes. Decree No No. Will be imple- Yes No. It is anticipated that this measure will be and D.S. 121-96- 809 and D.S. mented completely initiated with the CAN countries on April 1, EF 121-96-EF., for all customs 2002 through regimes on April 1, SIGAD, with 2001 Additional TA is needed Teledespacho and Telemani- fiesto. St. Kitts and Nevis No -- No -- Yes. Departmental -- UN/EDIFACT Policies and Proce- dures. St. Lucia No Yes. Hardware & No Yes. See answer No Yes. See answer --- software re- Measure 4(i). Measure 4(i). quired. Know- how for processing of information and maintenance.

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

Measure 4. Compatible Electronic Data Interchange (EDI) Systems and Common Data Elements

COUNTRY i. Develop electronic systems accessi- ii. Develop capacity for electronic iii. Develop capacity for customs electron- iv. Work towards developing compatible ble to the trading community submission and processing of in- ic/automated systems to work in conjunc- electronic systems among customs formation and data prior to arrival tion with risk analysis and targeting administrations. of the shipment Is it Implemented? Technical Is it Technical Is it Technical Please indicate the electronic protocol(s) used Assistance? Implemented? Assistance? Implemented? Assistance? by the electronic system of your customs.technical assistance? St. Vincent and No Yes. Computer No Yes. See answer No Yes. See answer to -- the Grenadines hardware, soft- to Measure 4(i) Measure 4(i) ware; training of personnel; legal assistance in establishing the applicable statutes, regulations, policies and procedures. Suriname No Yes. Technical No Yes. See answer No Yes. See answer ASYCUDA / PROLOQUE 4 assistance re- Measure 4(i) Measure 4(i) quired preferably in Dutch language. Trinidad and Yes. Administra- Yes. Equipment No. Yes. Equipment No Yes. Equipment and ASYCUDA Tobago tive procedures and training. and training. training. United States Yes. 19 USC --- Yes. 19 USC --- Yes. 19 USC 1411, --- U.S. Customs Automated Commercial Sys- 1411, 1431, 1481, 1411, 1431, 1431, 1481, 1484. tem (ACS) is a proprietary system that em- 1484. 19 CFR 1481, 1484. 19 CFR Parts 4, ploys its own electronic protocols (accepts Parts 4, 103, 141- 19 CFR Parts 141-143, 151, 162. messages in UN/EDIFACT). 143. 4, 141-143.

Uruguay Yes. Decree No. --- Yes in execu- --- Partially Yes UN/EDIFACT 312/998 of Nov. 3, tion. Decree 1998. No. 312/998 of Nov. 3, 1998.

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

Measure 4. Compatible Electronic Data Interchange (EDI) Systems and Common Data Elements

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

Measure 5. Harmonized Commodity Description and Coding System: COUNTRY i. Apply the 1996 Harmonized Commodity Description and Coding System, at the six digit level. Is it Implemented? Technical Assistance? Antigua and Barbuda ------Argentina Yes. Law No. 24.206, Decree No. 2651/91, Decree No. 2275/94, Decree -- No. 998/95 and General Resolution No. 369/99 AFIP. Bahamas Yes -- Barbados Yes. Barbados Customs Tariff Amendment Order 1998 -- Belize Yes. Common External Tariff of CARICOM No Bolivia Yes --- Brazil Yes. Decree 1767, 28 December 1995 --- Canada Yes. Article 3 of HS Convention; Section 10 of Customs Tariff --- Chile Yes. Law No. 18768 of Dec. 29, 1988; and Supreme Decree No. 1519, of --- the Treasury Ministry, of Aug. 1, 1996 Colombia Yes. The second amendment to the System was adopted by Decree 2317 --- of 1995. Costa Rica Yes. Res. No.22-96 Executive Decree No. 25740-MEIC-H of Feb. 3, No 1997 Dominica Yes. SRO 35 of 1998 No Dominican Republic Yes. Law No. 14-93 of August 26, 1993 --- Ecuador Yes, at the six-digit level in the Single Spanish version of the Harmo- --- nized System and at eight- digit level with openings corresponding to the Andean Nomenclature – NANDINA. El Salvador Yes, Diario Oficial 96, Volume 335 of May 1997. No Grenada ------Guatemala Yes. Central American Tariff System (SAC), contained in Governmental No Agreement No. 2-97, based on amendment to the HS Guyana Yes. Since April 30, 1999 --- Haiti Yes --- Honduras Yes. Decree 222-92. --- Jamaica Yes -- Mexico Yes. General Import Tax Law --- Nicaragua Yes --- Panama Yes. Cabinet Decree No. 61 of Oct. 10, 1997. --- Paraguay Yes --- Peru Yes. Supreme Decree No. 119-97-EF, in effect since January 1998. The technical assistance that would be needed would be to be able to have the Explanatory Notes in Spanish and in electronic format. St. Kitts and Nevis Yes. Customs Tariff Act No. 12/1984 as amended by SR&O No. 13/1998 -- St. Lucia Yes. 1996 version from January 2000. No

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

Measure 5. Harmonized Commodity Description and Coding System: COUNTRY i. Apply the 1996 Harmonized Commodity Description and Coding System, at the six digit level. Is it Implemented? Technical Assistance? St. Vincent and the Grenadines -- -- Suriname No Yes. Technical assistance required preferably in Dutch language. Trinidad and Tobago Yes. First schedule of Customs Act, Chapter 78:01. Yes. Training. United States Yes. 19 USC 1202, 3003. --- Uruguay Yes. CMC Decision No. 22/94 --- Venezuela Yes. Decree 989 of Dec. 20, 1995 No

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

Measure 6. Customs Information Dissemination / Hemispheric Guide on Customs Procedures

COUNTRY i. Update the Hemispheric Guide on ii. Disseminate the updated hemi- iii. Establish hyperlinks from the FTAA Customs Procedures spheric Guide on Customs procedures Home Page to national customs adminis- through the FTAA Home Page trations' homepages for future updates to the country-specific information contained in the Hemispheric Guide on Customs Procedures Is it Implemented? Technical Assistance? Is it Implemented? Technical Assistance? Is it Implemented? Technical Assistance? Antigua and Barbuda Yes No Yes No No --- Argentina Yes No Yes No No --- Bahamas Yes No Yes No No --- Barbados Yes No Yes No No --- Belize Yes No Yes No No --- Bolivia Yes No Yes No No --- Brazil Yes No Yes No No --- Canada Yes No Yes No No --- Chile Yes No Yes No No Yes, to develop work flow for final control of all documentation required under customs rules. Colombia Yes No Yes No No --- Costa Rica Yes No Yes No Yes --- Dominica Yes No Yes No No --- Dominican Republic Yes No Yes No No Yes Ecuador Yes No Yes No No --- El Salvador Yes No Yes No No --- Grenada Yes No Yes No No --- Guatemala Yes No Yes No No --- Guyana Yes No Yes No No --- Haiti Yes No Yes No No Yes Honduras Yes No Yes No No --- Jamaica Yes No Yes No No --- Mexico Yes No Yes No No --- Nicaragua Yes No Yes No No --- Panama Yes No Yes No No --- Paraguay Yes No Yes No No --- Peru Yes No Yes No No --- St. Kitts and Nevis Yes No Yes No No --- St. Lucia Yes No Yes No No --- St. Vincent and the Grenadines Yes No Yes No No --- Suriname Yes No Yes No No --- Trinidad and Tobago Yes No Yes No No --- United States Yes No Yes No Yes --- Uruguay Yes No Yes No No --- Venezuela Yes No Yes No No --- 43 Derestricted FTAA.TNC/cbf/w/01/Rev.7 August 29, 2001

Measure 7. Codes of Conduct for Customs Officials:

COUNTRY i. Introduction of, or amendment to, national codes of conduct, legislation, policies or ii. Review of the 12 elements contained in the WCO Arusha Declaration for assess- regulatory instruments applicable to customs officials with provisions on standards of ment of current practices and development of national implementation programs conduct, conflict of interest, and possible sanctions and disciplinary action Does your customs administration comply with the 12 elements contained in the WCO Arusha Declaration? Is it Implemented? Technical Assistance? Is it Implemented? Technical Assistance? Antigua and Barbuda ------Argentina Yes. Customs Personnel Disciplinary Provisions, Provision -- Partially Yes. Comments: Within the policy of No. 501/99 (Federal Administration of Public Revenue). transparency that the General Directorate of Customs finds itself, a Strategic Plan and one of Cultural Transformation is being elaborated. This Plan discusses the basic elements contained in the Declara- tion of Arusha. Nevertheless, there are very high possibilities of obtaining technical assistance for the implementation of indicated key factors. Bahamas Yes -- Yes. (Principles provided for in legis- -- lation) Barbados Yes -- Yes. In principle. No Belize Partially (draft stage) Yes. Legal assistance is re- Partially Yes. Training (e.g., integrity training, quired. motivational responsibilities, etc.) Bolivia Yes. Customs Law, Article 41 --- Partially. It is estimated that it will be Yes, TA is needed implemented on April 7, 2001. Brazil Yes. Unified Legal Regime, Law 8112, 11 December 1990 --- The principles of the Declaration are --- complied with. Law 8112, 11 Decem- ber 1990 Canada Yes. Standards of Conduct document --- Yes. Standards of Conduct document --- Chile Yes. Organic Constitutional Law on the Bases of Adminis- --- Yes. Laws and various rules comprise --- tering the State, Law No. 18575, 18.834, 18.830 and 19.653. the elements of the Declaration. Colombia Yes. Law 190 of 1995 and Decrees 1072 and 1073 of 1999 --- Principles provided for in legislation. --- Costa Rica Yes. Law 1581 and its Regulation. --- Yes ---- Executive Decree No.21 of Dec. 14, 1954. Independent Regulations on the Services of the Ministry of Treasury and Law 7557 Art. 16 of Law 7670. Political Constitution (Arti- cles 191 to 193). Dominica Yes. (Conflict of Interest) Dominica Customs Act - Partially - Dominican Republic Yes. Law No. 14-91 on Civil Service and Administrative Yes. To introduce a sec- No Yes. To introduce a section on the Code Careers and their Regulations. tion on the Code of Con- of Conduct for Customs Personnel into duct for Customs Personnel the draft Customs Law. into the draft Customs Law.

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

Measure 7. Codes of Conduct for Customs Officials:

El Salvador ------Grenada ------Guatemala Yes. Directorate Agreement 7-98 (Working Regulations of No Yes. Directorate Agreement 7-98 No the SAT) (Working Regulations of the SAT) Guyana Partially. General Code of Conduct for all Public Officials Technical Assistance to No Yes, Technical Assistance would be implement National Codes needed for legislative drafting of Conduct Haiti Yes --- Yes --- Honduras Yes. Tax Code Dec. 22-97. Regulations for the DEI person- --- Yes, in principle. Agreement --- nel regime; Agreement 01760/99 01760/99 Jamaica Yes. Jamaican Customs Act. --- Yes. Jamaican Customs Act. --- Mexico Yes. Federal Law on the Responsibilities of Public Servants --- Yes --- and the Code of Ethics of the Servicio Fiscal de Carrera. Nicaragua Yes. Decree 124-99 published in “La Gaceta,” Diario Ofi- No Partially. The majority of the elements Yes. To develop the Code of Conduct cial No. 236 of 12-10- 99 contained in the Arusha Declaration are already being developed. Panama Yes. Law 30 of Nov. 8, 1984; Law 9 of June 20, 1999. --- Yes. Law 30 of Nov. 8, 1984; Law 9 No of June 20, 1999. Paraguay No ------Peru Yes. Sole Codified Text of Legislative Decree No. 728; Law No There are legal norms of a general and No on Labor Productivity and Competitiveness, approved by specific nature applicable to public Supreme Decree No. 003-97-TR; Regulation to Legislative servants. Customs relies on an internal Decree No. 728 approved by Supreme Decree No. 001-96- Labor Regulation, which establishes TR; Law No. 26771; Supreme Decree No. 023-99-PCM; the rights and obligations of Customs Comptroller’s Resolution No. 072-98-CG; Customs Superin- officials. tendency Resolution No. 001607 of July 2, 1997; National Administrative Intendancy Resolution No. 074-98-Customs of Nov. 19, 1998; Legislative Decree No. 728; Supreme De- cree No. 003-97-TR.

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

Measure 7. Codes of Conduct for Customs Officials:

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

Measure 8. Risk Analysis / Targeting Methodology

COUNTRY i. Develop processing and release customs procedures and sys- ii. Risk analysis through pre-arrival processing of information and data to tems that include risk analysis and targeting to identify high-risk identify or target high risk-goods, shipments and travelers that will be subject goods, shipments and travelers to inspection and/or other customs procedures

Is it Implemented? Technical Assistance? Is it Implemented? Technical Assistance? Antigua and Barbuda ------Argentina Yes. Commission on Customs Selectivity -- Yes. Resolution 335/99 (AFIP) and Resolution -- (Provision 199/98-AFIP). Resolutions 701/99 (AFIP). 44/88 and 19/99 (AFIP); Resolution 209/98(AFIP). Bahamas Yes -- No -- Barbados Partially Yes. Required in the acquisition of Partially Yes. Necessary information systems will have computer software and specialized to be in place. This would require acquisition equipment. Training of personnel in of specialized equipment, computer software the use of such equipment and soft- and training in use of such equipment and software would be necessary. ware. Belize Partially Yes. Technical and financial training Partially Yes. Financial and technical input to create in- required identifying and systematical- telligence section, training of personnel, sup- ly creating profiles. port equipment. Bolivia Partially, only for merchandise (Law No. Yes, for developing Customs proce- No Yes, for developing Customs procedures and 1990, Art. 79) dures and assistance in customs clear- assistance in customs clearance, which include ance, which include risk analysis and risk analysis and selection methods for identify- selection methods for identifying ing high-risk goods, shipments and travelers. high-risk goods, shipments and travelers. Brazil Yes. IN 69, 10 December 1996. --- Yes --- Canada Yes. Accelerated Commercial Release --- Yes. Risk Factor Policy to determine level of --- Operations Support System (ACROSS); risk of non-compliance for particular legislative Machine Release System (MRS) program Application Rate Policy to determine selection frequency of imports for compliance verification; Targets, port lookouts and Machine Release System (MRS) targets are inputted, amended, expired, extended and monitored daily

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

Measure 8. Risk Analysis / Targeting Methodology

Is it Implemented? Technical Assistance? Is it Implemented? Technical Assistance? Chile Yes, partially Yes. Partially Yes. - As well as computer programs and - Especially to finance work missions in order General requirement of training. to learn in further detail methods of targeting technical assistance: goods and travelers. - Application of risk man- - As well as computer programs and training. agement in automated and manual customs procedures for processing and sending. - The organizational structure required for the performance of risk management and official’s abilities, especially in the areas of risk analysis and customs intelligence.

Colombia Yes. Decree 2685 of 1999 and Resolution --- No. Implementation depends on technical assis- Technical assistance to learn methods for risk DIAN 4240 of 2000 tance provided. analysis and application in other countries For travelers, it is applied randomly (Res- olution 4240 of 2000). Become familiar with risk-based methods of Decree 1232 of 2001. analysis and supervision and their application in other countries. Exchange of knowledge on customs techniques and practices with customs authorities of FTAA member countries, including techniques for inspecting selected freight, techniques for classifying goods during the process of physical or documentary inspection. Consulting services for the design of comprehensive programs for risk management to prevent and monitor violations of customs regimes, at lo- cations authorized for customs services. Consult- ing services to identify critical points and pro- cesses for improving monitoring.. Methods for identifying and/or detecting goods subject to international monitoring and whose declared tariff subheading is not consistent with the actual cate- gory of the goods. Consulting services to create selection profiles to attempt to reduce the human element in determining physical inspections, without impeding the flow of the operation.

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

Measure 8. Risk Analysis / Targeting Methodology

Is it Implemented? Technical Assistance? Is it Implemented? Technical Assistance?

Costa Rica No Yes. Technical assistance is needed No Yes. It is urgent to have training in the use of for establishing risk management sys- risk management systems, as well as in a com- Estimated implementation by May 2002 tems and selection methods for the Estimated implementation by May 2002 puter system that permits the establishment of purpose of identifying high-risk mer- technical selection criteria, for an intelligent chandise, shipments and travelers. control and inspection system. The preceding requires financial resources and technical support from other Customs administrations (training, apprenticeships). Dominica No --- Partially Yes. Hardware and Software required Dominican Republic Yes. Law No. 3489, No. 14-93, No. 50- --- Yes. Law No. 3489, No. 14-93, No. 50-88 and --- 88 and other laws relating to public safety other laws relating to public safety and health, the and health, the environment and immigra- environment and immigration. tion. Ecuador Partially. We are incorporating profiles in Yes. Implementing and drafting regu- Partially. We are incorporating profiles in our Yes our computer system. Estimated imple- lations would require technical and fi- computer system. Estimated implementation by mentation by December 2001 nancial assistance. December 2001 El Salvador Yes. Instruction 1/2000 Technical assistance to No Yes. Technical assistance to 1) improve the capacity of the General 1) improve the capacity of the General Direc- Directorate of Customs Revenues offi- torate of Customs Revenues officials in the de- cials in the detection of possible fraud tection of possible fraud in imports and exports; in imports and exports; 2) have the capacity to identify high risk tax 2) have the capacity to identify high zones in order to dedicate more human and risk tax zones in order to dedicate technical resources to these zones and generate more human and technical resources more fluid commercial interchange in the zones to these zones and generate more fluid with lower tax risks. commercial interchange in the zones with lower tax risks.

Grenada ------

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

Measure 8. Risk Analysis / Targeting Methodology

Is it Implemented? Technical Assistance? Is it Implemented? Technical Assistance? Guatemala No Yes. Changes in administrative pro- No Yes. Changes in administrative procedures; ac- cedures; acquisition of computer quisition of computer equipment and programs. Estimated implementation by April 7, equipment and programs. Estimated implementation by April 7, 2001 2001 Technical training, risk analysis and supervision of risks in others countries. Technical assistance with the purpose of improving control by identifying critical points. Technical assistance to create selective profiles that seek to reduce the human criteria/factor. Thus, allowing for ef- ficient merchandize control without hindering the operation process. Guyana No Yes. Technical Assistance is needed No Yes. Technical assistance is needed in the area in the area of legislative drafting of Legislative Drafting Haiti No Yes No Yes Honduras Yes. Parameters within the Automated Yes. Acquisition of software. Yes Yes. Remarks: Exchange of knowledge on cus- Customs System (ASYCUDA) toms techniques and practices, with other FTAA members Jamaica Yes. Caribbean Customs Law Enforce- -- Yes -- ment Committee. Mexico Yes. Customs Law, Article 2, Section --- Yes --- VIII and Art. 43. Nicaragua Yes. Law No. 265 "Law Establishing Au- --- No. Nevertheless, Law No. 265 of 17 November Yes to-Dispatch for Importation, Exportation 1997 and its Regulation, provides for the applica- and Other Regimes" published in "La tion of random selection methods to luggage and Gaceta" Diario Oficial No. 219 of Nov. the personal effects of travelers. 17, 1997 and its Regulations. Panama Yes. Cabinet Decree No. 34 of Dec. 20, --- No Yes. Information control for risk analysis. Pa- 1995; Tax Code, Art. 536. Plan on full implementation by second semester rameters for risk evaluation. Risk assessment. of 2001 Personnel training. Courses and internships. Technical support from other customs agencies and equipment and software. Paraguay Yes. SOFIA System. ------Peru Yes. Decree 809 and D.S. 121-96-Ef and Yes Yes, but only for goods, pursuant to INS-PE.03. No INS-PE-03 Comprehensive implementa- Comprehensive implementation will be complet- tion will be completed by 12/31/2001. ed by 12/31/2001. St. Kitts and Nevis Yes. Departmental Policies and Proce- -- No -- dures.

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

Measure 8. Risk Analysis / Targeting Methodology

Is it Implemented? Technical Assistance? Is it Implemented? Technical Assistance? St. Lucia No -- No Yes. Hardware & software required. St. Vincent and the No Yes. Computer hardware; software; No Yes. See answer Measure 8(i) Grenadines training of personnel; legal assistance in establishing the applicable statutes, regulations, policies and procedures. Suriname No Yes. Technical assistance required No Yes. See answer Measure 8(i) preferably in Dutch language. Trinidad and Tobago Yes. Administrative procedures. Yes. Equipment and training. No Yes. Equipment and training. United Sates Yes. 19 USC 1431, 1481, 1484, 1499, --- Yes. 19 USC 1431, 1484. 19 CFR Parts 141-143, --- 1509. 19 CFR Parts 141-143, 145, 148, 145, 148, 151, 162. 151, 162. U.S. Customs policy Uruguay Partially. Decree 312/998 of Nov. 3, 1998 Technical assistance is needed for full No Technical assistance is needed in coordination and Decree 570/994 of Dec. 29, 1994. implementation. with the National Immigration Agency. Venezuela No Yes --- Yes, in order to incorporate a computer system that allows for the establishment of technical selection criteria.