649

UK Declaration of Goods

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Appendix 4

Supplementary Reading

Reading 1. Conference/Non-conference and Charter Shipping Conference Shipping

Conference shipping is provided by the conference carrier or member of a freight conference. The freight conference (conference or steamship conference or liner conference) is a group of operators of vessel who operate on the same routes and cooperate on shipping schedules at the standardised freight rates between ports. Conference shipping has regular sailing schedules, thus is called the liner service. Most ocean

freight is carried by conferences.

Non-conference Shipping

Non-conference shipping is provided by the independent carrier or operator of vessel who is not a member of a freight conference, sometimes called outside shipping. Independent carriers, which carry about 25% of the ocean freight, operate on selected trade routes in competition with conference carriers. Non-

conference shipping often does not have regular sailing schedules and freight rates between ports.

Charter Shipping

Charter shipping is a tramp service. The term tramp, as used in the ocean shipping, refers to a cargo ship not operating on regular routes and schedules, and picking up cargo only when it is chartered (hired) from the ship operator.

While conference and non-conference shipping are for general cargoes, charter shipping usually is for bulk cargoes like oil, coal, ore, and grain. Charter shipping has the lowest freight rate per unit of weight or measure.

A charter party is required in charter shipping. A charter party is a written contract between the ship operator and the charterer (shipper). The contract normally includes the ports, freight rate and time involved in the voyage(s).

Voyage charter

The ship is chartered for a single journey, and it may involve more than one port of call. The ship operator crews and operates the ship, and it is the operator's own ship's master in control of the ship.

Time charter

The ship is chartered for a period of time. This type of charter shipping is similar to a voyage charter in the crewing and operating of the ship. The contract may call for a specific or unlimited number of voyages within the agreed time.

Bareboat charter

The term bareboat means a ship without a crew and ship's master. The charterer (shipper) is in charge of crewing and operating the ship within a period of time, usually a number of years.

Reading 2. Types of Wagons

Open wagons (US gondolas) form a large group of railway goods wagons designed primarily for the transportation of bulk goods that are not moisture-retentive and can usually be tipped, dumped or

shovelled.

Covered wagons or vans (US boxcars) have a fixed roof and are mainly used for the transportation of

part-load goods or parcels.

Refrigerated vans are insulated covered vans, which are either cooled like conventional refrigerated vans by a cooling medium such as water or dry ice, or are machine-cooled wagons with their own cooling system.

Flat wagons have no walls or low walls.

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Tank wagons (tankers) are suitable for a wide variety of fluids and gases.

Car transporter bogie flat wagon, complete with three car load.

Hopper

Container wagon

Reading 3. Human Trafficking

Lately, as many first-world countries have struggled to contain a rising influx of immigrants, the smuggling of people across national borders has become a lucrative extra-legal activity.

Trafficking in human beings, sometimes called human trafficking or sex trafficking (as the majority of victims are women or children forced into prostitution), is not the same as people smuggling. A smuggler will facilitate illegal entry into a country for a fee, but on arrival at their destination, the smuggled person is free; the trafficking victim is enslaved. Victims do not agree to be trafficked: they are tricked, lured by false promises, or forced into it. Traffickers use coercive tactics including deception, fraud, intimidation, isolation, threat and use of physical force, debt bondage or even force-feeding with drugs of abuse to control their victims. Whilst the majority of victims are women, and sometimes children, forced into prostitution, other victims include men, women, and children forced into manual labour.

Human trade, slave markets, the buying and selling of people – these are words and phrases that, to many people, echo a brutal and distant time in our past. But to the countless women, men, and children trafficked every year, these words coldly define the horror of their lives. Trafficking is a global phenomenon where victims are sexually exploited, forced into labour and subjected to abuse. Trafficking is a crime under international law that requires international cooperation to address.

Human trafficking is a highly complex issue that affects potentially thousands of foreign and domestic men, women, and children in the United States. No one is certain how many people are trafficked in the United States every year. The US Government, state agencies, and various non-governmental organisations throughout the US are committed to preventing trafficking, protecting victims of trafficking and prosecuting traffickers. The United States of America is principally a transit and destination country for trafficking in persons. It is estimated that 14,500 to 17,500 people, primarily women and children, are trafficked to the US annually. (US Department of State Trafficking in Persons Report 2006)

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Reading 4. The NAFTA Preference Criteria

The six preference criteria A-F tell customs authorities and the importer how the goods are qualified for preferential treatment under the NAFTA. A preference criterion is required in Field 7 of the Certificate of Origin for each export product.

Preference Criterion A

Preference Criterion A corresponds to goods wholly obtained or produced entirely in Canada, Mexico, or the United States.

For a good to qualify under this criterion, it must contain no non-North American parts or materials anywhere in the production process. It is generally reserved for basic products such as those harvested, mined, or fished in the NAFTA territory, although it would include a manufactured good with no nonNAFTA inputs.

As a general rule, however, Preference Criterion A rarely applies to manufactured goods. If the good contains any non-NAFTA materials, it will not qualify under Preference Criterion A.

Preference Criterion B

Even if your good contains non-NAFTA materials, it can qualify as B if the materials satisfy the Rules of Origin. The Annex 401 Rules of Origin are based on a change in tariff classification, a regional value-content requirement, or both.

The updated Rules of Origin are located in General Note 12(t) of the NAFTA Agreement. Preference Criterion B is used when the good being certified is produced using materials that the producer/exporter is unable to prove qualify as originating goods in their own right. The finished product will be originating if the requirements of the applicable rule of origin are met. The requirements of the NAFTA Rules of Origin differ from good to good.

Preference Criterion C

This criterion corresponds to goods produced entirely in Canada, Mexico, and/or the United States exclusively from NAFTA materials.

Preference Criterion C is used when the producer/exporter is able to document that the finished good is produced entirely in the NAFTA territory using only materials that would qualify in their own right. The producer/exporter should have documented proof that every raw material and component is a NAFTA good.

Preference Criterion D

In a very few cases a good that has not undergone the required tariff transformation can still qualify for preferential NAFTA treatment if a regional value content requirement is met.

Preference Criterion E

This criterion applies to certain automatic data processing goods and their parts, specified in Annex

308.1.

Preference Criterion F

Preference Criterion F applies to certain agricultural goods imported into Mexico.

Reading 5. Co-ordination of Customs Authorities in the European Union

In the European Union which is becoming a genuine single market, national customs authorities have a crucial role to play in fighting cross-border organised crime. Several measures have been put in place at EU level to help them work together quickly and efficiently. Together with police cooperation, customs cooperation was introduced into the inter-governmental part of the Maastricht Treaty on the European Union in 1992. Article 29 of the Treaty of the European Union provides for closer cooperation between police forces, customs authorities and other competent authorities in the Member States.

Within their national competencies, customs administrations of the Member States contribute to the fight against cross-border crime through the prevention, detection, investigation and prosecution of activities in the areas of irregular or illegal movement of goods, the trafficking in prohibited goods, money laundering and the protection of the financial, cultural and environmental interests as well as the health, safety and security of the EU citizens.

In recognition of the need for effective, clearly defined mechanisms, the EU is developing:

•a customs information system, to allow national customs services to share information on movements across borders;

•a customs files identification database, to enable the national authorities responsible for carrying out customs investigations, when opening a file on or investigating one or more persons or businesses, to

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identify competent authorities of other Member States which are investigating or have investigated those persons or businesses ;

•mutual assistance, launched by the Naples II Convention, to improve the effectiveness of customs cooperation and law enforcement in the EU. Mutual assistance establishes the principle of institutional assistance in criminal matters, and cross-border cooperation comes within its ambit.

The illegal activities that are covered by the customs cooperation procedure include the following:

drugs and other psychotropic substances; firearms and other explosive materials; dangerous or toxic goods; nuclear goods; any other trade in prohibited goods; pornography and other indecent material.

These cooperation efforts also cover the smuggling of goods liable to non-harmonised excise duties (for example, cigarettes, tobacco, alcohol).

The Customs cooperation working party (CCWP) is the coordinating group within the Council structure with responsibility for taking forward initiatives in the field of customs cooperation. Among its main tasks, the group plans several joint operations a year focusing on specific issues such as methods of drug smuggling or illegal trade in other goods.

Reading 6. The Advance Commercial Information Program Overview

The Advance Commercial Information (ACI) program provides CBSA officers with electronic prearrival cargo information so that they are equipped with the right information at the right time to identify health, safety and security threats related to commercial goods before the goods arrive in Canada.

Phase 1: Marine Mode

Phase I of the ACI program was implemented on April 19, 2004 requiring marine carriers to electronically transmit marine cargo data to the Canada Border Services Agency (CBSA) 24 hours prior to loading cargo at a foreign port.

Phase 2: Air Mode and Marine Shipments Loaded in the United States

Implementation of Phase 2 of the ACI program was completed on July 26, 2006 and requires all air carriers and freight forwarders, where applicable, to electronically transmit conveyance, cargo and supplementary cargo data to the Canada Border Services Agency (CBSA) four hours prior to arrival in Canada.

ACI Phase 2 also expanded marine requirements to include shipments loaded in the United States. Phase 3: eManifest

eManifest will require the electronic transmission of advance cargo and conveyance information from carriers for all highway and rail shipments. In addition, the electronic transmission of advance secondary data will be required from freight forwarders and the electronic transmission of advance importer data will be required from importers or their brokers.

Reading 7. Transit Guarantee Requirements

Guarantees can have various forms. In the context of national transit procedures, transit guarantees are often sold at the border of entry by national insurance or financial institutions. Such guarantees cover only the transit liabilities in one country. In the context of multilateral transit schemes, the transit guarantee is often purchased in advance of the transit operation, although it will only be activated once the transit operation is commenced. This is for instance the case with the EU Community guarantee system and the TIR system.

In general, it is the transit operator who is required to obtain the guarantee from a third party. It can be provided by a bank, insurance company or other financial institution, who, thus, is becoming the principal debtor for the guarantee. The beneficiary of the guarantee is normally the national customs authorities.

Guarantees are considered either individual or comprehensive. An individual guarantee covers one single transit operation. It normally covers the full amount of taxes and duties applicable to the goods in the transit country. The calculation of the guarantee is based on the highest rates of duties and taxes applicable to the goods according to the customs classification of the goods.

A comprehensive guarantee, on the other hand, is a running guarantee that can be reused and that covers several transit operations carried out by the same operator up to a given reference amount fixed by Customs. The reference amount is usually calculated on the basis of the total amount of duties and taxes that an operator may incur for the estimated number of transit operations that he would carry out during a specified period of e.g. one week or one month. Under certain conditions the amount can be reduced if the

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transit operator fulfils certain operational and financial criteria, e.g. under schemes such as “Authorised Economic Operator” (AEO).

Alternatively, some customs transit guarantee systems, e.g. the TIR system, operate with a flat rate guarantee amount per transit operation. In the case of the TIR system the amount covering duties and taxes is equal to US$ 50,000 per TIR transit.

Customs transit operations are terminated either when the goods are presented at the office of exit from a customs territory or the office of final destination, where customs authorities should verify that no unauthorised interference with the goods happened. Customs authorities normally only release the operator from his financial liability subsequently, when it has been verified that the transit operation has actually been correctly terminated and discharged (post audit). When transit procedures are supported by fully

implemented IT systems, the release can often take place at the time of termination.

Example: TIR system

The TIR Convention provides that goods carried under the TIR procedure in approved and sealed road vehicles and containers, are exempt from customs examination, unless irregularities are suspected. The Convention reduces the regular requirements of national transit procedures, while avoiding the need for physical inspection en route during transit, other than checking of the transit document (TIR Carnet) and checking of seals and the external conditions of the load compartment or container. In addition, it dispenses with the need to operate national guarantees and national systems of documentation as the so-called TIR Carnet provides for an internationally recognised document with a guarantee included. One of the major challenges that remain in respect of efficiency gains from the TIR Convention is the full implementation of information technology at international level.

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Appendix 5

Directory of Helpful Web Links

Customs Organisations

http://www.cbp.gov – US Customs and Border Protection http://www.customs.ru – Federal Customs Service (Russia) http://www.customs.gov.au/ – Australian Customs Service http://www.hmrc.gov.uk/ – HM Revenue and Customs (UK) http://www.ukba.homeoffice.gov.uk/ – UK Border Agency

http://www.wcoomd.org – World Customs Organisation

Russian Customs Sites http://www.tamognia.ru http://www.tks.ru

http://www.vch.ru

Global Organizations

http://www.asycuda.org – United Nations Commission on Trade and Development (UNCTAD) / Automated Systems of Customs Data (ASYCUDA)

http://www.cites.org – Convention on International Trade in Endangered Species of Wild Fauna and Flora http://www.un.org – United Nations

http://www.efta.int – European Free Trade Association http://www.europa.eu.int – European Union http://www.fita.org – Federation of International Trade Assoc http://www.iccwbo.org – International Chamber of Commerce

http://www.ifcba.org – International Federation of Customs Brokers http://www.imo.org – International Maritime Organization http://www.intlimport-export.com – Import-Export Institute http://www.iru.org – International Road Transport Union http://www.iso.ch – International Standards Organization http://www.nafta-sec-alena.org – North American Free Trade Association

http://www.opcw.org – The Organization for the Prohibition of Chemical Weapons http://www.tiaca.org – The International Air Cargo Association

http://www.wto.org – World Trade Organization

Glossaries http://www.asycuda.org/cuglossa.asp?firstlet=&submit1=Browse http://www.importexporthelp.com/a/business-terms.htm http://www.marad.dot.gov/publications/glossary/A.html

http://www.shipnorthamerica.com/htmfiles/glossary.htm

Miscellaneous http://www.usitc.gov/tata/hts/bychapter/index.htm http://www.export911.com http://www.worldcustomsjournal.org/ http://www.joc.com/

http://www.tradeforum.org/

http://www.internationalist.com

http://www.ntl.bts.gov

http://www.export.gov

http://www.tradezone.com/

http://www.ita.doc.gov

http://www.britishchambers.org.uk/exportzone

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