The Effect of ASEAN Customs Transit Rule and Procedures (Protocol 7) on that Transit Law ; Customs ACT, B. E. 2469 (1926) and Draft Customs ACT,(NO..) B.E. ….
ห่างหายไปนานค่ะ หวังว่ายังคงไม่ลืมกันนะคะ วันนี้กลับมาขอนำเสนอเรื่องใหม่ๆ ที่ยุ่งยากสำหรับผู้ประกอบการนำเข้าส่งออก โลจิสติกส์เสนอบทความเป็นภาษาอังกฤษ ผลกระทบพิธีสาร 7 ระบบศุลกากรผ่าแดนอาเซียนกับกฎหมายผ่านแดนไทยโดยเฉพาะกฎหมายศุลกากร วันนี้ขอนำเสนอเฉพาะส่วนผลกระทบ แแล้วไว้จะมาลงทั้งหมดให้ครบนะคะ หากผิดพลาดประการใดช่วยแนะนำกันด้วยนะคะยินดีรับความผิดพลาดค่ะเพราะเอกสารนี้ใช้สมัครอบรมงานที่ศุลกากรโลกค่ะ ถ้าไว้สมบูรณ์จะมาลงให้อ่านค่ะ
This Title : The Effect of ASEAN Customs Transit Rule and Procedures (Protocol 7) on that Transit Law ; Customs ACT, B. E. 2469 (1926) and Draft Customs ACT,(NO..) B.E. ….
Writer : Miss Nantong Gamolvej Ninthajitrat ,Legal officer Professional Level.
Degree : Master of Law; International Law : Ramkhamhaeng University.
Agency : Thai Customs Department.
6 IMPACT ON REGION INTERGRATION AND LEGAL ISSUE DOMESTICT LAW ESPICIALLY CUSTOMS ACT, B. E. 2469 (1926) and Draft Customs ACT,(NO..) B.E. ….
1 Legal framework and Instauration procedure
(1) How ever EU support ACTS by conform to NCTS maybe the Pilot project not be ensured that it has successfully, because ASEAN are not same Europe which entry into force community and common transit ,common Rule and Regulation, but the countries States in ASEAN there are different law. And Law Applicable subject to domestic law . Consequently Thailand shall consideration legal issues in the Thai Customs Law are inconsistencies with the said provisions of the Protocol 7 and shall provide for the efficient and effective arrangement for transit trade and Administration Customs Transit System, thereby ensuring that the country is ready to subscribe to the AEC in the future.
(2) ASEAN Customs Transit rule and Procedure including the Facilitation of Goods in Transit to facilitate transportation of goods transit has significant legal issues, which involves a domestic of transit laws, including Customs law and regulation relating to the administration and practices. This paper found that the existing domestic laws entry into force at present being unsuitable to be implementation of Protocol 7 subject to ASEAN Framework Agreement on the Facilitation of Goods in Transit (AFAFGT).
The results of this paper found that the Protocol 7 ASEAN Customs Transit System and ASEAN Customs Transit Rule and Procedures was draft for encourage and facilitate inter-state. And transit transport operation among the Contracting Parties.To facilitates transportation of goods transit. To support the implementation of the ASEAN Free Trade Area, and to further integrate the region's economies. To establish an effective, efficient, integrate and harmonized transit transport system in ASEAN because in every country all the ASEAN that have different lawand regulation in customs transit .Each Customs transit Rule and Procedures set to protect each countries' advantages.
(3) This variety creates the barrier to movement of transit transport, given to facilitation of Goods in Transit to the free and flow goods in region .The regional societies, therefore need a community and common transit that is a simple Rule and procedures .This creates certainly and facilitates the movement goods in transit in region modernized, speedy treatment and harmonization of control and procedures Customs transit connection with the application and issuance transit licenses including accompany document electronically by implementation of an automated Customs management system, the ASEAN Customs Transit System (ACTS) under customs control .furthermore
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help to detect customs fraud and other offences. Beside, the paper found have Some legal issues in the Thai Customs Law are inconsistencies with the said provisions of the Protocol 7 and the domestic law (Any law No 18 under the other State Agencies.)
Especially definition transit, infrastructure, legal framework, instauration procedure and any other element governing the movement of transit goods and traffic. A function transit system is essential for trade connectivity in the region. This paper found that If Customs Department is implementation; Customs transit law or rule and procedure that is a consistent to this agreement. It should be note that our existing principle the transit in the Customs ACT, B. E. 2469 (1926). (Section 58 and section 121)and Draft Customs ACT,(NO..) B.E. …., (section 3 section 6 section 7)are merely a mean of transit two type of transit: International and national transit (mode of transshipment) which the Revised Kyoto Convention (RKC)[1] adopted by the World Customs Organization (WCO), while key principles of transit in protocol 7 under The ASEAN Framework Agreement on the Facilitation of Goods in Transit (AFAFGT not focus on the transit two type.
Protocol 7 Customs Transit contains very broad definitions of transit in ASEAN Region. Such transit cover various type of in the mode of transport Internal transport" Means the carriages of goods loaded in the territory of a Contracting Party for unloading at a place within the territory of the same Contracting Party, including transport means road, vehicles, railway rolling stock, and inland waterways craft and aircraft.
This renders being unsuitable to usable or adaptable when it comes to international disputes regarding specific ASEAN Transit System. Some legal issues in the protocol 7 are not in line with our domestic Law for example
(4) Guarantee System. Managing guarantee is an essential part of transit system A transit guarantee system ensure that customs duties and taxes or charges, excluding fine suspended during transit operation to initiate a transit operation transport of goods from a Customs office of departure to a customs office of destination under the ACTS procedure.
The Protocol contains very broad principle of guarantees system. Such principle cover definition term of guarantor, Authorized guarantor, authorized transit trader (ATT), office of guarantee, single journey guarantees, multiple journey guarantees undertaking guarantees, voucher and other element related guarantee such as customs debt , customs debt maximum and irregularity. In addition has significant legal issue which involves a principle of guarantee in the Civil and Commercial Code (Section861-897) including rule customs . The main substance of guarantee system in protocol 7 as a specific for customs debt ,consequently principle of insurance contained in the Civil and Commercial Code (Section861-897) it being unsuitable to be usable customs debt. Beside Customs ACT, B. E. 2469 (1926)no provide such principle.
(5) Interpretation of law between an International Convention with Internal Law . This paper found several Agreement creates the barrier to implementation and Interpretation of law between an International Convention with Internal Law . Principles of Transit Systems may be found several in the national customs legislation and also in line with international Customs Convention relating to the transit procedures for instance Article 5 of the General Agreement on Tariff and Trade (GATT) outline core principle related to transit in traffic, such as non-discrimination and freedom of transit that a transit country shall follow. Revised Kyoto Convention (RKC) transit mean transit two type of transit : International and national transit (mode of transshipment)
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Protocol 7 under The ASEAN Framework Agreement on the Facilitation of Goods in Transit (AFAFGT not focus on the transit as a means transshipment Such transit in ASEAN Region. cover various type of in the mode of transport Internal transport" Means the carriages of goods loaded in the territory of a Contracting Party for unloading at a place within the territory of the same Contracting Party, including transport means road, vehicles, railway rolling stock, and inland waterways craft and aircraft.
Among these three agreement are overlap and agreement double agreement In addition this paragraph focuses on the analysis of inconsistencies of the meaning transit in several Agreement and by virtue Interpretation of law .How should a statute , an Agreement or a will be interpreted?
Interpretation is a Interpretation constitutive feature of legal practice, especially Interpretation in Law is important for International Trade law .Therefore in order to interpretation consistent to any agreement in a variety of legal theoretical contexts shall consideration Agreement by agreement by base on the such fundamental rule of statutory . For Agreement to facilitation the suitable theorist is a Extensive Interpretation maybe give priority to the letter of the text and focus on intend or purpose of Agreement. Also shall consider principle of the a Special Law except a General Law .
2 Customs environment
(1) Information sharing between Customs is significantly effective in transit procedures. It improves the efficiency of Customs transit procedures in terms of facilitation and control. Customs able to use for risk management system.[2]
ACTS will be implement a web-based application to support an automated transit system to be use between the ASEAN countries, by development of a paperless system for declaring goods for transit procedure in the national customs legislation and also in line with international Customs Convention relating to the transit procedures. Exchange of transit movement data between customs authorities passing through computerized system a given set of risk profiles i.e. the risk management system. [3]
The results of this paper found ACTS it is not ASEAN Single Window (ASW) or National Single Window (NSW) , because ACTS is different NSW as follow
The NSW is an electronic system that enables secured, safe and efficient electronic exchange of-trade-related documents trough a single point of entry in order to fulfill all import, export, and transits-related regulatory and to expedite requirement flow of information lf goods either for import, export or transit [4],whiles meaning of ACTS is ASEAN Customs Transit System and the rule and procedures governing the ACTS as specified in this Protocols7 and it Technical Appendix. [5]
The main objective of the NSW is the policy of Thailand for reducing coast, increasing competitiveness and support international trade as integration, [6] but the main objective of the ACTS is to support ASEAN countries to achieve their global aim-engorge and facilitate inter-state and transportation of goods transit, to support the implementation of the ASEAN Free Trade Area, and to further integrate the region's economies. To establish an effective, efficient, integrate and harmonized transit transport system in ASEAN.[7]
Thereby ASEAN Transit System in line with the Member state's Customs operational procedures, in particular by a developing and advance web-based Customs transit system. In case some ASEAN Members State handle the process of the National Single Window (NSW) in line with USAID
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support, however ACTS will utilise the ASW network, and will not overlap on other aspects of the ASW project. There will be no duplication of networks or coast.
(2) Application of information Technology. To increase national the competitiveness, facilitate, efficient and effective for transit trade arrangement in regional provide modernized ,speedy and standardized Customs service in connection with the application license transit and Customs transit declaration in many countries can be made electronically under Customs Control
Modern IT tools such as use Global Positioning System (GPS).Use of monitoring radio frequency identification (RFID) application to facilitate in trade and customs as well as cross border tracking of goods. and development new tools identification system to track and trace position the movement of transit goodsand shall improve information exchange among stakeholders . for example shared information on iSPOT technology which allows cargo owner to “spot" where their shipment is. AFFA informed that iSPOT would be able to improve the border clearance efficiency as it could improve visibility of goods moving between countries, enable customs of importing country to accurately identify cargo and it security status without inspection, and real-time monitoring lf container security [8]
*This paper for only present WCO on the job training position Procedure and facilitation (December 2016)*
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