TN05_PostClearanceAudit

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    Rev 2June 2008

    UNCTAD Trust Fund for Trade Facilitation Negotiations1 Technical Note 5

    Post-clearance audit

    The measure in the WTO contextMeasures to expedite the movement of goods relate to Art. VIII, GATT 1994, inparticular paragraph 1(c): The contracting parties also recognize the need forminimizing the incidence and complexity of import and export formalities and fordecreasing and simplifying import and export documentation requirements.

    The key measures proposed by Member States in the NGTF aiming at expediting the

    clearance and release of goods at the borders, are inter alia pre-arrival clearance,separate release from clearance, authorized trader schemes, risk management, and post-clearance audit. For an overview of proposals see the WTOs reference documentTN/TF/W/43 (latest revisions) Chapter K, 2 (d).

    DefinitionPost-clearance audit means audit-based Customs control performed subsequent to therelease of the cargo from Customs' custody. The purpose of such audits is to verify theaccuracy and authenticity of declarations and covers the control of traders' commercialdata, business systems, records, books. Such an audit can take place at the premises ofthe trader, and may take into account individual transactions, so-called "transaction-based" audit, or cover imports and/or exports undertaken over a certain period of time,so called "company based" audit.

    Post-clearance audits can be conducted on a case by case basis focusing on targetedoperators, selected on the grounds of risk analysis of the commodity and the trader, or ina planned, regular way, set out in an annual audit program. Furthermore the audit couldalso be used as criteria to offer special treatment to certain economic operators.

    Chapter 6 of the General Annex of the Revised Kyoto Convention sets out a largenumber of recommended standards relating to all aspects of Customs control, includingthe use of audit-based controls including the audit of traders' commercial systems(Standard 6.6. and 6.10).

    Benefits and CostsIntroducing post-clearance audit reflects a different approach to Customs control as ithas the effect of offering an immediate release of goods or reduced release times.Implementation of post clearance audit is part of the risk management strategy.

    Reduced Release time

    The time taken while goods are in Customs custody will be reduced as compared totraditional Customs control, and traders can dispose of their goods promptly upon theirarrival in the country.

    1 This Technical Note has been produced jointly by the World Customs Organization (WCO) and UNCTAD.

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    advantage of global, liberalised trade. While legislation and the overall strategy formodernisation are established by governments, their actual implementation andoperation will be undertaken by local Customs offices. Local Customs staff needs to betrained to understand the benefits and the operation of post-clearance audit measures.

    References and tools availableWorld Customs Organisation (WCO)

    The WCO has developed a Self Assessment Checklist and other diagnostics tools andsurveys that are available at the WCO website at http://www.wcoomd.org

    The Global Facilitation Partnership for Transportation and Trade (GFP)

    The Global Facilitation Partnership for Transportation and Trade (GFP) brings togetherthe worlds leading organizations and practitioners in trade and transport facilitation. Itcreates an open information and exchange platform on major new developments and all

    aspects of trade and transport facilitation. See www.gfptt.org .Further UNCTAD Technical Notes

    Further Technical Notes are available via http://r0.unctad.org/ttl/technical-notes.htm .See in particular:

    Technical Note No. 3: Use of Customs Automation Systems Technical Note No. 12: Risk Management in Customs Procedures Technical Note No.16: The electronic submission of trade documents Technical Note No. 21: Automated System for Customs Data (ASYCUDA)

    The Technical Notes have been produced by technical experts contracted by UNCTAD within the Trust Fund project Capacity building indeveloping countries and least developed countries to support their effective participation in the WTO Negotiations Process on tradefacilitation, financed by the Governments of Sweden and Spain. Their purpose is to assist Geneva- and capital-based negotiators to betterunderstand the scope and implications of the various trade facilitation measures being proposed in the context of multilateral negotiations on

    trade facilitation. The Technical Notes have not been edited, and the opinions expressed may not necessarily coincide with those of theorganization or the donors of the Trust Fund. For comments and enquiries please contact [email protected] . All Technical Notes areavailable via http://r0.unctad.org/ttl/technical-notes.htm