Capitulo 5 cafta dr nicaragua

Chapter Five Customs Administration and Trade Facilitation

Article 5.1: Publication 1. Each Party shall publish, including on the Internet, its customs laws, regulations, and general administrative procedures. 2. Each Party shall designate or maintain one or more inquiry points to address inquiries by interested persons concerning customs matters and shall make available on the Internetinformation concerning the procedures for making such inquiries. 3. To the extent possible, each Party shall publish in advance any regulations of general application governing customs matters that it proposes to adopt and provide interested persons the opportunity to comment prior to their adoption. Article 5.2: Release of Goods 1. Each Party shall adopt or maintain simplified customs procedures forthe efficient release of goods in order to facilitate trade between the Parties. 2. Pursuant to paragraph 1, each Party shall ensure that its customs authority or other competent authority shall adopt or maintain procedures that: (a) provide for the release of goods within a period no greater than that required to ensure compliance with its customs laws and, to the extent possible, within 48 hoursof arrival; allow goods to be released at the point of arrival, without temporary transfer to warehouses or other facilities; and allow importers to withdraw goods from customs before and without prejudice to the final determination by its customs authority of the applicable customs duties, taxes, and fees.1

(b)

(c)

A Party may require an importer to provide sufficient guarantee in theform of a surety, a deposit, or some other appropriate instrument, covering the ultimate payment of the customs duties, taxes, and fees in connection with the importation of the good.

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5-1

Article 5.3: Automation Each Party’s customs authority shall endeavor to use information technology that expedites procedures for the release of goods. When deciding on the information technology to beused for this purpose, each Party shall: (a) (b) (c) use, to the extent possible, international standards; make electronic systems accessible to the trading community; provide for electronic submission and processing of information and data before arrival of the shipment to allow for the release of goods on arrival; employ electronic or automated systems for risk analysis and targeting; worktowards developing compatible electronic systems among the Parties’ customs authorities, to facilitate government to government exchange of international trade data; and work towards developing a set of common data elements and processes in accordance with World Customs Organization (WCO) Customs Data Model and related WCO recommendations and guidelines.

(d) (e)

(f)

Article 5.4: Risk ManagementEach Party shall endeavor to adopt or maintain risk management systems that enable its customs authority to focus its inspection activities on high-risk goods and that simplify the clearance and movement of low-risk goods, while respecting the confidential nature of the information it obtains through such activities. Article 5.5: Cooperation 1. With a view to facilitating the effective operationof this Agreement, each Party shall endeavor to provide the other Parties with advance notice of any significant modification of administrative policy or other similar development related to its laws or regulations governing importations that is likely to substantially affect the operation of this Agreement. 2. The Parties shall cooperate in achieving compliance with their respective laws andregulations pertaining to: (a) the implementation and operation of the provisions of this Agreement governing importations or exportations, including claims of origin and origin procedures; the implementation and operation of the Customs Valuation Agreement; 5-2

(b)

(c) (d)

restrictions or prohibitions on imports or exports; and other customs matters as the Parties may agree.

3. Where a...