ASAPRA
Private Sector Panel
Friday September 6th
10h30 11h 30
Jean-Marie Salva
ICC customs committee vice chair
Fernando CARMO
World customs broker organization President
INTRODUCTION
 Presentation of ICC : business organization dedicated to
free trade since its creation in 1929
 Changes in the 2000’s : promotion of partnerships
between business and administrations, namely customs
 ICC & PSCG private sector consulting group
TABLE OF CONTENTS
 I- WCO and ICC Cooperation Agreement
– ICC-WCO Agreement History
– Related activities
 II- Technical Cooperation
– TCCV
– HS Committee
 III- ICC : a major source of proposals
– ICC Customs Guideline (2012)
– ICC Guidelines for Cross-Border Trader in Goods (April
21th,2013)
 IV- Policy statements
 Eg Transfer pricing customs valuation
I- WCO AND ICC AGREEMENT
COOPERATION
I. WCO AND ICC AGREEMENT COOPERATION
(1/2)
 A. ICC – WCO Agreement : History
 Early 60’s: unformal parnership
 June 1996: signature of the 1st official cooperation
agreement
 June 27th 2011: signature of a revised cooperation
agreement that improved channels of
communication in Customs-business Partnership
 ICC WCO agreement is an example of international
cooperation among businesses and Customs and of
a successful private – public partnership
I. WCO AND ICC COOPERATION AGREEMENT
(2/2)
 B. ICC WCO agreement related activities
 leading role in the fight against counterfeiting and piracy :
– WCO’s participation in the future creation of the ICC
Customs/Anti-Corruption Code of Conduct,
– protect intellectual property in Free Trade Zones
– Organization of the Global Congress on Combating
Counterfeiting and Piracy
 Strong collaboration on facilitating the international trade by
the simplification and harmonization of customs procedure :
– cooperation on several projects : developing and promoting
guidelines for international trade facilitation; liberalizing the
issuance of preferential Certificates of Origin.
– creation in 1961 of the ATA Carnet system
II- TECHNICAL
COOPERATION
II- TECHNICAL COOPERATION (1/2)
 A. Technical Customs Committee Valuation (TCCV)
 ICC has been granted a status of accredited observer to the
TCCV sessions
 Contribution to the discussions on various technical
questions, e.g. transportation costs in the context of a CIF
transaction
 Formal presentations on various topics as the licensing of
IPR, the use of distributorship agreements and transfer pricing
…
 Willingness to participate in TCCV inter-session discussions
within working groups, for instance the Club de la Réforme
II- TECHNICAL COOPERATION (2/2)
 B. HS Committee (HSC)
 Having been granted a same status of accredited
observer I.C.C participate to HS Committee‘s session
due to :
– resolve classification disputes and questions between
members;
– promote widespread application of the HS ;
– interpret the “HS” for securing an uniform
interpretation and application of the nomenclature ;
– give information concerning developments in
technology and changes in international trade for
updating the HS.
III- ICC : A MAJOR SOURCE
OF PROPOSALS
III. ICC : A MAJOR SOURCE OF PROPOSALS
(1/2)
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A. Customs Guidelines (2012)
1st version published in 1997 and revised in 2012
within the framework of ICC MOU with WCO
comprehensive set of practices that ICC considers should
characterize all modern customs administrations
reinforced by a set of explanatory notes, identifying its advantages
to government, business and customs
Aim for a better security and other border controls
Improve trade facilitation
revised periodically to reflect new trading, transport and
administrative activities and requirements
Encourage mutual confidence and co-operation between customs
and commerce
III. ICC : A MAJOR SOURCE OF PROPOSALS
(2/2)
 B. Guidelines for Cross-Border Trader in Goods / draft (April
21th, 2013)
 a harmonized understanding of what criteria should be used to
define a trusted trader in the context of the Authorized Economic
(AEO) programmes
 59 standards offering as best practices of safe and secure conduct
for cross-border traders in goods
 Used by traders in the design and management of AEO
programmes
 Taken into consideration by governments when assessing the risk
represented by operators, particularly in trusted trader programmes
 Their objective is to provide a common understanding of what
border authorities should expect of a diligent trader
IV- POLICY STATEMENTS
IV. POLICY STATEMENTS (1/2)
 List of the most recent ICC customs policy
statements :
 Policy Statement on trade tensions between China
and the European Union (June the 27th 2013) ;
 Policy Statement on Limitations of deductions of
interest payments (February 2012) ;
 Policy Statement on Transfer pricing and customs
value (February 2012);
 Policy Statement on Application of anti-avoidance
rules in the field of taxation (January 2012).
IV. POLICY STATEMENTS (2/2)
 Eg : Policy statement on transfer pricing and customs value
 The ICC policy statement on TP and CV was initially prepared by
the ICC working group on TP and CV
 The policy statement was drafted by members of the working group
after lengthy discussions and various rounds of consultations during
two years
 these proposals are designed :
– to help simplify regulations for companies and administration
(determining the appropriate related party of goods) ;
– to clarify rules, especially the OECD Guidelines, for both parties so as to
reduce financial impact related to divergent customs valuation
 The statement is set to be presented to government and relevant
international organizations
CONCLUSION
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Agreement on Preshipment Inspection – The PSI Agreement (1996)
In 1996, the Agreement on PSI creates a three-tier mechanism for
considering complaints on arbitrary or wrong decisions
It establishes an independent review entity (IE) to which both exporters and
PSI entities can submit grievances
The IE is constituted jointly by WTO (World Trade Organization), the
International Federation of Inspection Agencies (IFIA for PSI companies)
and ICC.
ICC, as an IE’s member, is expected to appoint, with the agreement of the
parties to the complaint, either a single trade expert or a three-member
panel. In that case, one member is nominated by ICC.
In 2006, the PSI Agreement has been reviewed by the TCCV Committee in
which ICC is an accredited observer.