WCO news Council 2019 Risk management and technology E-commerce and security - n 90 | October 2019 - World Customs Organization

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WCO news Council 2019 Risk management and technology E-commerce and security - n 90 | October 2019 - World Customs Organization
WCO news
n°90 | October 2019

Council 2019
Risk management
and technology
E-commerce and
security
…

  World Customs Organization    mag.wcoomd.org
WCO news Council 2019 Risk management and technology E-commerce and security - n 90 | October 2019 - World Customs Organization
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WCO news Council 2019 Risk management and technology E-commerce and security - n 90 | October 2019 - World Customs Organization
HIGHLIGHTS                                   WCO news n° 90 October 2019   3

5 FLASH INFO             44 PANORAMA Botswana
The WCO nCEN             transitions to a comprehensive
Programme is taking      national trade platform
Customs by storm

50 PANORAMA
Lithuania’s experience in controlling dual-use goods

65 POINT OF VIEW E-commerce           71 POINT OF VIEW
security and safety concerns          Why investing in
require forceful action               leadership should be a
                                      priority
WCO news Council 2019 Risk management and technology E-commerce and security - n 90 | October 2019 - World Customs Organization
TABLE OF CONTENTS

5 FLASH INFO
5    From the WCO drawing board to Customs strategic
     plans: is the nCEN Programme taking Customs by
     storm?
7    UNODC-WCO Container Control Programme: 15
     years old and still going strong
10 WCO Data Model: understanding the WCO’s key
     data harmonization and standardization tool for
     cross-border regulatory processes

12 DOSSIER
14   Reflections on WCO Members’ priorities
20 Tariff and Trade Affairs
25 Procedures and Facilitation
30 Capacity Building
33 Compliance and Enforcement
41   Elections: a new Council Chairperson and two new
     Directors

42 PANORAMA
42 Dubai Customs uses artificial intelligence to boost
     productivity
44 Botswana’s perspective on ensuring business
     continuity when transitioning from its Customs IT
     system to a more comprehensive national trade
     platform
50 Controlling dual-use goods in a transit country:
     Lithuania’s experience
55 Russian businesses commit to creating a better trade   Editor / Writer Laure Tempier
     environment                                          Editorial Consultant Grant Busby

58 GTAS implementation: an historic milestone for the     Publication Assistant Sylvie Degryse
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61   Saudi Arabia engages cross-border trade boosters     Advertising

65 POINT OF VIEW
                                                          Bernard Bessis bernard.bessis@bb-communication.com
65 E-commerce security and safety concerns require
                                                          Publisher
     forceful action                                      World Customs Organization
                                                          Rue du Marché, 30, B-1210 Brussels, Belgium
71   Investing in leadership should be an unwavering      Tel.: +32 (0)2 209 94 41 - Fax: +32 (0)2 209 92 62
                                                          communication@wcoomd.org
     priority for all Customs administrations             www.wcoomd.org
74   Perspective on risk management systems for           Editorial note
     Customs administrations                              WCO News is distributed free of charge in English and in French to Customs
                                                          administrations, international organizations, non-governmental organizations, the business
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81 EVENTS                                                 of the contributors and do not necessarily reflect the official views of the World Customs
                                                          Organization. Contributions in English or French are welcome, but should be submitted no
81 Key points from the WCO’s newly-launched               later than 13 December 2019 for consideration. The WCO reserves the right to publish,
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                                                          Acknowledgements The Editorial Team wishes to express its sincere thanks to all who
                                                          contributed to this publication.
                                                          Illustrations Our thanks also extend to all who provided photos, logos and drawings to
                                                          illustrate this issue.
                                                          Photo cover © Sudan Customs
                                                          Design www.inextremis.be - mp6113
WCO news Council 2019 Risk management and technology E-commerce and security - n 90 | October 2019 - World Customs Organization
FLASH INFO                                                                                     WCO news n° 90 October 2019   5

From the WCO drawing board to Customs
strategic plans: is the nCEN Programme
taking Customs by storm?

                                                                                                                             © AdobeStock
By Iwona Sawicka, CEN Programme, WCO

When it all began, in 2013, the National Customs     With the first version of the nCEN, the focus was
Enforcement Network (nCEN) application was           primarily on data collection for risk management.
only used in one country which needed a tool         As the user base grew and more countries
to collect, store, analyse, and disseminate law      began using the application, the communication
enforcement information efficiently in order         component called Icomm was improved to allow
to establish robust intelligence capabilities. In    for simpler and more comprehensive data
the first year after its release, eight countries    exchange between Customs administrations.
began using the application, and, as time went
on, others followed suit. Today, nCEN has been       Today, the interest of enforcement officers in
deployed in 35 Customs administrations, and          the nCEN goes beyond risk analysis, towards
concrete plans are in place to increase this         profiling and targeting of suspects, companies,
number to 50 by the end of 2020.                     or means of conveyance. The latest version of
                                                     the nCEN, soon to be released, contains basic
The fast growth in the number of nCEN                data analytics functionality such as automated
countries is, in large part, due to the generous     searches on new data, and matching rules that
funding provided to the WCO from several             allow users to identify connections between
donor countries. Indeed, the WCO offers the          data elements in the application. New versions
nCEN software to its Members free of charge,         of the nCEN are released to nCEN countries
but does not cover the purchase of the hardware      periodically through an automated update
needed to run the nCEN application, the costs        manager component in the application.
associated with training, and the costs related to
modifications of local IT infrastructure, which is   Discussions are underway to further expand
sometimes necessary.                                 the functionality of the nCEN to meet the
                                                     expectations of Customs administrations
Donors’ funding also enables the WCO to              and the broader enforcement community, by
make important functionality enhancements            reevaluating and standardizing the current ways
to the application. The continued success of         of collecting data on suspects and offenders, and
the nCEN Programme is largely dependent on           creating an additional “persons” database.
these donations, especially taking into account
the long list of candidate countries in need of      Data transfer between the three applications
such support.                                        which form the CEN Suite - the CEN, CENcomm,
WCO news Council 2019 Risk management and technology E-commerce and security - n 90 | October 2019 - World Customs Organization
6     Flash info

    and the nCEN - has also been made easier. Aware        cooperation structures that enable nCEN users
    that data collected by different systems cannot        to exchange best practices and experiences,
    be easily integrated, often lacking variables for      and discuss functionality enhancements to the
    matching across systems, the WCO has been              application.
    investing in making the CEN Suite increasingly
    interoperable.                                         Regional meetings on nCEN matters now take
                                                           place in East and Southern Africa and in Asia/
    The latest version of CENcomm, also to be              Pacific, and the Global nCEN Network keeps
    released shortly, enables seizure data collected       growing in importance as more countries
    during Customs operations to be transferred to         implement the application. The nCEN is also
    the nCEN at a push of a button, while the third        being integrated into the strategic plans of
    party connection feature in the CEN and the            its user administrations, a much needed step
    nCEN makes it possible to feed seizure data            in order to guarantee an adequate level of
    automatically to those applications from existing      support for the growth and strengthening of the
    national systems.                                      implementation programme at the national level.

    Although it was designed as part of a connected        In conclusion, is the nCEN taking Customs by
    and interoperable CEN Suite, the nCEN is, in           storm? From one pilot country to 35 countries,
    fact, an application that is composed of a set         and soon 50! The numbers speak for themselves.
    of independent modules, which can be utilized
    in combination or separately, depending on             More information
    the operational or legislative needs of the            ncen@wcoomd.org
    implementing Customs administration.

    While in certain administrations the nCEN is
    proving to be an effective tool for communication         About the CEN Suite
    between local stakeholders (other enforcement
    agencies and other services) and information              The Suite includes three stand-alone applications:
    sharing for the purpose of training, others               Customs Enforcement Network (CEN), a web platform that
    appreciate the tool’s workflow management                 acts as a depository of enforcement-related information,
    features and its structured communication                 which analysts can mine to produce valuable analysis
    relating to the investigation process or post-            and intelligence. At its core is a database of seizures and
    seizure action items.                                     offences as well as pictures. Its value rests squarely on the
                                                              steady flow of quality data provided by all WCO Members.
    Moreover, recent deployments of the application
    in Customs administrations already possessing             National CEN (nCEN), an application that gives Customs
    centralized systems for enforcement data show             the ability to collect, store, analyse, and disseminate
    that the nCEN can be instrumental in setting up           law enforcement data effectively. It consists of three
    cooperation mechanisms at the regional level or           independent databases. The principal database of national
    beyond, as all users of the application form part         seizures and offences comprises data required for analysis,
    of a Global nCEN Network.                                 as well as means of conveyance, routes, and the possibility
                                                              to view photos depicting exceptional concealment methods.
    Despite the availability of the nCEN in multiple          Two supplementary databases contain information on
    language versions, the connection between                 suspect persons, methods of conveyance and business
    users is facilitated by a rigid data model, enabling      entities of interest to Customs, thereby facilitating a
    the structured translation of labels and data             structured investigation process.
    lists. This, in turn, allows for the breakdown            CEN communication platform (CENcomm), a web-based
    of language barriers and easier conversion                communication system permitting a closed user group
    between the different nCEN language versions.             of officers to exchange information, in real time, for the
                                                              duration of an enforcement operation or project. Information
    The technological advancements of the nCEN                reporting can be standardized with the use of templates,
    have been driven directly by its users. With a            which can be customized to only include data fields that are
    growing number of deployments, the WCO                    pertinent to a specific operation.
    has been facilitating the creation of regional
WCO news Council 2019 Risk management and technology E-commerce and security - n 90 | October 2019 - World Customs Organization
WCO news n° 90 October 2019   7

UNODC-WCO Container Control
Programme: 15 years old and still
going strong
By Norbert Steilen, CCP Coordinator, WCO

Identifying shipments containing prohibited or
smuggled goods is somewhat like searching for
the proverbial “needle in a haystack” for Customs
officers. Let’s keep this image in mind: modern
container ships are like massive “haystacks,”
each carrying up to 20,000 containers. It’s the
same with planes: while the volume of goods
they carry is less impressive, it is still substantial,
and the rise of e-commerce has generated
fleets of all-cargo aircraft carrying thousands
of individual parcels across the globe.

Aware of these challenges, the WCO and the
United Nations Office on Drugs and Crime
(UNODC) agreed 15 years ago, in 2004, to
launch a joint programme to deal with illicit
goods being transported in sea containers.
This saw the birth of the Container Control
Programme (CCP). The programme aims at
establishing and training dedicated Port Control
Units (PCUs) and Air Cargo Control Units
(ACCUs) at key seaports and airports, and to
improve their risk analysis capacity, enabling
them to efficiently control trade operations with
minimum disruption.

PCUs and ACCUs are “joint units” gathering
Customs officers and other national law
enforcement personnel, such as the police, the
drug enforcement agency, the environmental
agency, and the air security agency. The
composition of these units is a national decision.
If the legal tasks of participating authorities are
not merged, the fact that they are gathered into
a single unit and follow the same training enables
an inclusive analysis of risk, which increases the
                                                          Elephant tusks concealed
detection of illicit goods, be it drugs, strategic        in sawdust were
goods, high excise products, protected timber             discovered by officers
or endangered wildlife, and even stolen motor             working at the Port Control
vehicles.                                                 Unit in Vietnam
WCO news Council 2019 Risk management and technology E-commerce and security - n 90 | October 2019 - World Customs Organization
8     Flash info

    Training delivery and gender                            months with each PCU or ACCU to evaluate
    mainstreaming                                           their working methods, provide advice, retrain       All training
                                                            them, if necessary, and document what is             courses address
    At the outset, the two Organizations adopted            happening with the unit for report-back to the
    a staged approach in the way they delivered             programme management team.                           the risks
    the programme. Activities are organized over a                                                               associated with
    period of at least three years in stages, referred      Moreover, a national Steering Committee in
    to as the “crawl-walk-run” approach. While              charge of monitoring their work meets regularly,
                                                                                                                 “insider threats”
    the WCO focuses on delivering specialized               and external assessments are conducted at            as well as the
    training to the units’ members, the UNODC               midterm level. If the number of cases managed        infiltration of
    manages other aspects that include ensuring             or initiated by the units is an indicator of their
    funding, political support and preparing the pre-       performance, it is not the only one. Also taken      port and airport
    deployment phase as well as maintaining close           into account are the modus operandi put in           infrastructure
    contacts with participating countries.                  place, the level of exchange of information, and
                                                                                                                 by criminal
                                                            the motivation and skills of the team.
    Full-time experienced trainers work for the                                                                  syndicates. To
    programme. Training starts with two basic               Given the high focus now placed on gender            combat these
    courses to ensure members of the newly                  mainstreaming, an internationally embraced
    formed teams have the necessary theoretical             strategy to ensure gender equality, the “CCP         issues of crucial
    and practical knowledge, and then continues             Women’s Network” was launched, in 2015, to           importance, the
    with regular specialized courses on precursor           promote the role of women in the CCP and,            units are always
    chemicals, strategic trade goods, endangered            more generally, in law enforcement activities. To
    species, evidence handling, and other topics            boost this decision, gender sensitization training   strongly
    specific to the challenges in a particular country.     modules have been integrated into the training       encouraged to
                                                            portfolio.
    Safety and Security are also high on the CCP’s                                                               hold regular
    agenda. Cooperation with the International              Instruments and tools                                meetings with
    Civil Aviation Organization (ICAO) enabled air
    cargo security to be embedded into the training         In terms of tools, the “ContainerComm” and
                                                                                                                 the private
    curricula and ACCU staff to be sensitized on the        “AirCargoComm” communication platforms               sector.
    critical elements to watch out for, in order to         provided by the WCO enable PCUs and ACCUs
    ensure the integrity of air transport.                  to exchange information on seizures made,
                                                            on suspicious shipments or on any analysis
    All training courses address the risks associated       undertaken so that they can update their
    with “insider threats” as well as the infiltration      national risk profiles on concealments, modus
    of port and airport infrastructure by well-             operandi, and smuggling routes.
    organized criminal syndicates. To combat these
    issues of crucial importance, the units are always      Currently, ports and airports in more than
    strongly encouraged to hold regular meetings            100 countries, including small islands as well
    with the private sector, in particular, terminal        as countries participating in the programme
    freight forwarders and operators as well as             as mentors or partners, have access to the
    shipping line representatives.                          WCO’s communication platforms, creating a
                                                            large community of professionals. Some units
    Study visits to other ports or airports are also        also have access to the WCO Cargo Targeting
    organized to familiarize the newly trained              System (CTS), an IT system that enables users
    officers with the working methodologies applied         to capture advance electronic cargo manifest
    elsewhere, and to enable them to establish              information, and to perform risk assessment,
    personal contacts with their fellow colleagues          profiling, and targeting.
    abroad. Each CCP training event is evaluated
    by the participants, which enables the trainers         All these elements, such as the use of pre-
    to measure their performance and, if necessary,         arrival data for risk management purposes,
    adapt the methodology. Support is also provided         regular meetings with private sector entities,
    through mentoring: each CCP trainer acts as a           Customs-to- Customs cooperation, are
    mentor, spending a few days every two to three          embedded in WCO instruments, in particular
WCO news Council 2019 Risk management and technology E-commerce and security - n 90 | October 2019 - World Customs Organization
WCO news n° 90 October 2019          9

the Risk Management Compendium and the
SAFE Framework of Standards to Secure and
Facilitate Global Trade.

Shortfalls and challenges

Of course, the implementation of a complex
programme such as the CCP does not go without
shortfalls and challenges. These range from poor
support from management and even isolation
of the PCUs and ACCUs, frequent rotation of
the units’ staff, to long-winded decision-making
processes, and a lack of adequate legislation.
Staff attached to PCUs and ACCUs have also
been threatened by criminal syndicates.

However, the WCO and the UNODC believe
in the value of the programme, and try to work
with each participating country in a flexible
manner, adapting to local situations and needs,
and keeping the momentum going. This is
evidenced by the recent focus on illicit trade in
timber in several Latin American and Southeast
Asian countries, and on illicit shipments of waste
and abandoned containers.
                                                                                                       Members of the Port
                                                     The CCP is now 15 years old, and is one of the
                                                                                                       Control Unit at Cebu in
Successes and thanks                                 WCO’s longest-running programmes. Such
                                                                                                       the Philippines attend a
                                                     longevity would not be possible without the
                                                                                                       training session
Today, 53 countries participate in the programme     generous financial support of the international
with more than 110 units established. The            donor community, and the in-kind contributions
figures that follow demonstrate the successes        of numerous WCO Members who have provided
of the CCP. Different PCUs and ACCUs have            training experts and made facilities available.
identified and detained over:
                                                     The WCO and the UNODC Secretariats will
• 319 tons of cocaine;                               continue striving to keep the programme
• 6.5 tons of heroin;                                dynamic and responsive to both the needs of its
• 71 tons of cannabis;                               participating members and society, and would
• 1.7 million tons of precursor chemicals;           like to thank the men and women working in
• 903 consignments of counterfeit goods;             or with the programme, who day-after-day
• 1.9 billion cigarettes;                            demonstrate their commitment to safeguarding
• 98 shipments of strategic trade goods;             the nations of the world.
• 183 shipments of illegal items infringing
  environment related regulations.                   More information
                                                     CCP Annual Report
                                                     http://www.wcoomd.org/
WCO news Council 2019 Risk management and technology E-commerce and security - n 90 | October 2019 - World Customs Organization
10     Flash info

     WCO Data Model: understanding the
     WCO’s key data harmonization and
     standardization tool for cross-border
     regulatory processes
     By the WCO Secretariat

     The availability of quality and timely electronic   Currently, the WCO DM contains 727
     data in a standardized and harmonized manner        data elements that support different data            The WCO
     underpins the effective use of information and      requirements for various Customs and                 continuously
     communication technologies (ICT) for modern         border regulatory processes and systems,
     border procedures. Some of the common               including the Single Window environment. It          examines data
     challenges relating to data requirements            is a comprehensive technical dataset that is         requirements
     for various Customs and border clearance            dynamically updated through an established
     processes include redundancy, proprietary           Data Maintenance Request (DMR) mechanism
                                                                                                              for new business
     or bespoke standards, poor structure and            to meet new and emerging requirements.               processes. This
     definition, and fragmented or excessive data                                                             includes the
     requirements.                                       The WCO DM does not stand in isolation, and
                                                         it should be seen in the context of a specific       standardization
     To that end, the WCO Data Model (DM) has been       business process such as import, export,             and
     developed as a compilation of clearly structured,   transit, e-certification, a security programme,
                                                                                                              harmonization
     harmonized, standardized and reusable sets of       and e-commerce. It is closely linked with, and
     data definitions and electronic messages, to        supports, other WCO instrument and tools for         of data elements
     meet operational and legal requirements of          fulfilling data requirements under respective        in the area of
     cross-border regulatory agencies, including         instruments and related business processes.
     Customs, which are responsible for border                                                                e-commerce,
     management. As a global standard, the WCO           Normally, the WCO body responsible for               with regard to
     DM has been organized in such a way that            managing an instrument/tool on a specific topic      which a policy
     the complex nature of the data requirements         determines the data elements based on policy
     for various cross-border procedures could           imperatives and business needs. Afterwards,          dataset is
     be developed and understood in a simple,            those data elements are mapped to the WCO            currently being
     consistent and harmonized manner.                   DM or a subset thereof to help translate the
                                                         policy dataset into a technical standard to enable
                                                                                                              developed.
     The WCO DM also includes Information                seamless data exchange. In cases where some
     Packages, which are subsets of the Model that       of the data elements, which may be required
     act as standard templates linked to a particular    for an existing or new business process, are not
     policy/legal requirement and business process,      already available in the WCO DM, they can be
     such as the cargo declaration, the goods            added to the Model through the established
     declaration, conveyance reporting, licences/        DMR mechanism.
     permits, and certificates. The Information
     Package concept enables WCO Members to              A non-exhaustive list that describes the
     select and focus on a particular subset of the      relationship between the WCO DM and
     WCO DM that fits the purpose for a specific         other policy datasets is outlined in the table
     regulatory procedure, by deriving pertinent         accompanying this article.
     Information Package and translating it into a My
     Information Package (MIP), namely the national
     implementation of the WCO DM Information
     Package.
WCO news n° 90 October 2019   11

Relationship between the WCO Data Model and other datasets contained in international
instruments
Dataset                       Instruments and        Main Topic              WCO DM Equivalent
                              Tools
Pre-loading advance           SAFE Framework of      PLACI dataset for       PLACI Derived
cargo information (PLACI)     Standards              air cargo security      Information
7+1 dataset (Annex III to                                                    Package (DIP)
the SAFE Framework of
Standards)
SAFE Advance Electronic       SAFE Framework of      Pre-loading/pre-        AEI DIP
Information (AEI) Dataset     Standards              arrival advance
(Annex II to the SAFE                                electronic data
Framework of Standards)                              for supply chain
                                                     security
Immediate Release             Immediate Release      Simplified data         IRG DIP
Dataset                       Guidelines (IRG)       requirements for
                                                     immediate release/
                                                     clearance
CN 22/23 dataset              WCO-UPU Postal         Simplified and     UPU DIP
                              Customs Guide          harmonized dataset
                                                     for postal items
Advance Passenger             WCO/IATA/ICAO API      Advance                 API DIP
Information (API)             Guidelines             passenger data
                                                     for facilitation and
                                                     control
International Maritime        IMO Compendium         Standardized            IMO FAL DIP
Organization (IMO)            for Electronic         dataset for ship
Facilitation (FAL) Forms      Business               reporting

The relationship between the WCO DM and            regard to which a policy dataset is still being
other policy datasets for specific business        developed by the relevant working bodies.
domains ensures that further development and       Once this exercise is completed and endorsed
maintenance of the Model as an international       by the WCO Council, the identified dataset will
technical standard are in line with, and driven    be mapped to, and incorporated into, the WCO
by, respective business needs and requirements.    DM, potentially as a new DIP.
In addition, it helps ensure that all datasets
developed and maintained by different working      E-learning courses have been developed.
bodies are aligned with each other, specifically   Customs officers may access them via the
when the same data elements are used/reused        CLiKC! Platform, and trade professionals via
in different policy datasets.                      the WCO Academy. Customs officers who
                                                   wish to acquire more in-depth knowledge
The WCO, through its different working bodies,     about, and contribute to, the WCO DM should
continuously examines data requirements            also consider attending the DMPT meetings and
for new business processes. This includes the      workshops that are organized from time to time.
standardization and harmonization of data
elements in the area of e-commerce, with           More information
                                                   facilitation@wcoomd.org
12   DOSSIER

     Council 2019
WCO news n° 90 October 2019   13

Directors General of Customs gathered at WCO Headquarters from 27 to 29 June
2019, as part of the annual Council Sessions, to consider and endorse the enormous
amount of work done by the Organization from July 2018 to June 2019, and to
provide strategic direction as well as chart the way forward in the months ahead.
This dossier touches on the WCO's main areas of work – compliance, facilitation,
tariff and trade affairs, and capacity building – during the period under review, and
presents the progress made and initiatives taken in each of these areas, including
interesting events that occurred during the Council Sessions.
14     Dossier

     Reflections on WCO Members’
     priorities
     By Kunio Mikuriya, Secretary General, World Customs Organization

     At the 2019 WCO Council Sessions, Members               I am also pleased to announce that, thanks to         The WCO has
     endorsed a new Strategic Plan for the 2019-             the work of major non-intrusive inspection            embarked on the
     2022 period, comprising nine priorities that the        (NII) industry players, a new standard has come
     WCO Secretariat should focus on: Coordinated            into being this year for X-ray files generated        development of a
     Border Management, Safety and Security, the             by NII devices. Known as the Unified File             “Single Window
     Revised Kyoto Convention, E-Commerce, the               Format (UFF), it will significantly facilitate the
     Harmonized System, the Capacity Building                interoperability of NII equipment supplied
                                                                                                                   Study Report,”
     Strategy, Performance Measurement, Integrity,           by different manufacturers, and improve               which presents the
     and Digital Customs and Data Analytics. In this         the exchange of images within and between             findings drawn from
     article, I will take up each of these topics in turn,   Customs administrations, as well as between
     explaining what we have recently done in these          Customs administrations and other agencies. It        a survey among its
     areas, and what is yet to come.                         is now crucial for WCO Members to start using         Members, including
                                                             this standard by requiring their suppliers to
                                                                                                                   existing typologies
     Coordinated Border Management                           deploy the UFF on equipment in use, if possible,
                                                             and to add the specifications of UFF 2.0 in           and models, and
     A key enabler of coordinated border                     their tender documents for the procurement            which addresses
     management (CBM) is connectivity, supported             of NII systems. Ways to enhance the standard
     by the establishment of IT platforms that create        have been discussed, but developments in this         interoperability
     a one-stop shop for trade and which can be              regard will largely depend on the extent that the     issues as well as the
     linked across borders. These platforms can take         recently adopted version is used.                     impact of the latest
     different names and forms. We call them Single
     Window environments. The WCO “Single                    Digital collaboration requires underlying             technologies and
     Window Compendium” provides guidance on                 cooperation mechanisms to be in place between         analytical tools on
     what such environments should look like and             Customs and other agencies. In this regard,
     how they should operate.                                the WCO continues to work on developing
                                                                                                                   this environment
                                                             guidance material for strengthening institutional     and its evolution.
     Given the high uptake of Single Windows                 cooperation. Handbooks have been published
     around the world, the WCO has embarked on               on the establishment of coordination and
     the development of a “Single Window Study               cooperation mechanisms between Customs and
     Report,” which presents the findings drawn              tax administrations as well as between Customs
     from a survey among its Members, including              and the police. A new handbook focusing on
     existing typologies and models, and which               cooperation between Customs and financial
     addresses interoperability issues as well as the        intelligence units is currently being developed,
     impact of the latest technologies and analytical        and will be submitted for consideration and
     tools on this environment and its evolution.            adoption in June 2020.

     Moreover, to enable data harmonization                  Safety and Security
     and digital collaboration at the national
     and international level, which supports the             The WCO continues to offer assistance as
     development of Single Window environments,              part of its Security Programme in five domains:
     the WCO continues to expand its Data Model              passenger controls; the fight against chemicals
     so that it covers more and more border                  and components that could be used in the
     regulatory requirements. The continuing                 manufacture of improvised explosive devices
     uptake of the Model by WCO Members is a                 (IEDs); strategic trade Controls; the fight against
     gratifying development.                                 trafficking in small arms and light weapons
WCO news n° 90 October 2019   15

(SALW); and terrorist financing. We will have a    other things, the possible standardization of data
chance to review progress in these areas at the    for maritime passengers.
second WCO Security Conference, which will
take place in mid-December 2019.                   I would like to highlight the launch of a new
                                                   project, called COLIBRI. The project focuses
Interesting developments in the area of            on general aviation, a sector that is not very
passenger controls are taking place, beginning     well controlled, along the cocaine route. It has
with the first deployments of the Global Travel    a capacity building component as well as an IT
Assessment System (GTAS), an application that      component, which is very promising.
enables advance passenger information (API)
and passenger name record (PNR) data to be         I am also glad that the WCO Counterfeiting and
collected, visualized, and analysed.               Piracy Group (CAP) agreed on new terms of
                                                   reference, enabling the Group to provide more
With the GTAS in place, the WCO Secretariat        effective assistance and support to the work
can now not only continue to promote and           of the Secretariat in developing relevant, non-
maintain API and PNR standards, but also           binding tools and guidance material to respond
answer requests from administrations that do       to emerging risks, and WCO Members’ needs
not have the internal capacity to develop their    to enhance their capacity in the fight against
own in-house system, but want to start using       counterfeiting and piracy.
such data. For information, the GTAS is open
source and free. The system was very recently      The WCO Secretariat is also exploring ways
deployed in the Maldives, who share their          to be more active in the protection of the
experience in this edition of the magazine.        environment. The Contracting Parties to the
                                                   Basel, Rotterdam and Stockholm Conventions
The WCO is also taking up the issue of passenger   (three multilateral environmental agreements
control in the maritime environment, primarily     dealing, respectively, with hazardous wastes,
focusing on cruise ships and exploring, among      hazardous chemicals and pesticides, and
16   Dossier

               persistent organic pollutants), which met in         Moreover, discussions are ongoing as to
               April 2019, highlighted the role of Customs          how to review this critical instrument, with
               while reaffirming the need to cooperate with         particular attention being given to Specific
               the WCO to ensure compliance with the three          Annex D and K, dealing respectively with
               Agreements’ provisions.                              free zones and rules of origin. To support the
                                                                    WCO Working Group on the Comprehensive
               In the above regard, the WCO is currently            Review of the Revised Kyoto Convention
               preparing a fifth edition of the enforcement         (WGRKC), the Secretariat has undertaken
               operation codenamed DEMETER, and I hope              research on special Customs zones/free zones
               that all Customs administrations will, once again,   (SCZs).
               join together to demonstrate their commitment
               to fighting illegal waste trafficking.               In the above regard, existing literature was
                                                                    reviewed, and throughout 2018 and early
               Indeed, enforcement operations enable us to          2019, a series of regional workshops were
               keep law enforcement efforts going and to obtain     held to encourage discussions on SCZs
               seizure reports from Customs administrations,        among WCO Members. In parallel, fieldwork
               which are then fed into the WCO Customs              was undertaken in 11 countries. Using the
               Enforcement Network (CEN). However, the              knowledge gained through these activities, a
               amount of data collected during the course of an     research paper was produced to provide an
               operation is obviously not enough to gain a really   analysis of the current situation surrounding
               good picture of this trade, and merely provides      such zones, and will hopefully be followed by
               a snapshot of what is happening on the ground.       a guidebook in the coming months.

               With the above in mind, I would like to, once        E-Commerce
               again, remind WCO Members of the importance
               of sharing enforcement data through the CEN,         In June 2018, the WCO adopted the “Framework
               as we need global comprehensive data to fully        of Standards on Cross-Border E-Commerce” to
               understand the illicit trade phenomenon. Indeed,     assist its Members in developing or enhancing
               with such information, we will be able to better     strategic and operational frameworks for
               our efforts in targeting those involved in these     e-commerce. This year, the WCO Council
               nefarious activities that poison the international   endorsed technical specifications relating to
               trade supply chain.                                  the Framework, as well as other guidance
                                                                    material that further enriches the instrument
               Of course, it is also critical, in general, to       such as definitions of certain terms used in the
               collect and analyse data to enable effective         Framework, flow charts, business models, and
               risk analysis and efficient intelligence-based       case studies. An implementation strategy, an
               controls. Here, I might add that I am glad to see    action plan, and a capacity mechanism aimed
               that more and more Customs administrations           at ensuring the widespread adoption and
               are implementing the National Customs                implementation of the Framework were also
               Enforcement Network (nCEN), another                  adopted.
               critical tool that the WCO provides to its
               Members free of costs.                               All the above-mentioned documents have
                                                                    been brought together in a WCO E-Commerce
               Revised Kyoto Convention                             Package, a living document that will be regularly
                                                                    maintained and updated. In addition, work on a
               The revised International Convention on the          reference data set for e-commerce, revenue
               Simplification and Harmonization of Customs          collection approaches, and the roles and
               Procedures (Revised Kyoto Convention                 responsibilities of e-commerce stakeholders
               or RKC), which was adopted in 1999 and               will continue, and documents related to these
               entered into force in 2006, currently has            areas will be submitted to the WCO Council in
               120 Contracting Parties. The WCO continues           June 2020.
               to provide assistance to its Members, and
               especially Small Island Economies, to ratify         The Framework places emphasis on advance
               the Convention.                                      electronic data for pre-arrival risk assessment.
WCO news n° 90 October 2019   17

For the past 20 years, the WCO has been               Capacity Building Strategy
advocating for a move towards a paperless
environment for traditional trade. The same           WCO Members have requested the Secretariat
should apply to e-commerce. Express carriers          to review its Capacity Building Strategy and
are largely providing advance electronic data as      the management of experts, in order to ensure
recommended in the Framework of Standards,            that the strategy has a clearly defined future
enabling Customs to conduct risk assessments in       direction, and that it improves the delivery of all
advance. However, postal operators are lagging        WCO capacity building activities. Among other
behind, although progress has been made in            things, it has been decided to create a pool of
some countries with support being provided by         experts on every topic on which the Secretariat
the WCO and the Universal Postal Union (UPU).         provides technical assistance in each
                                                      WCO region.
Over the past few months, the WCO and the                                                          The 2022 edition of the
UPU have worked together to develop additional        More than 600 capacity building              Harmonized System
guidance on the exchange of advance electronic        activities were delivered from July 2018
data, including data capture and data quality,        to June 2019, and detailed information       has been adopted and
as well as the associated legal and operational       on these activities has been made            will enter into force on
frameworks. This resulted in the “Joint WCO           available in the WCO Capacity Building
UPU Guidelines on Exchange of Electronic              Progress Report. This year, the WCO
                                                                                                   1 January 2022 for
Advance Data between Posts and Customs,”              Secretariat also published the Mercator      all Contracting Parties
which the WCO Council adopted in June 2019.           Programme Report, which presents             to the HS Convention,
                                                      activities undertaken since the launch
The WCO and the UPU also continue to support          of this key programme five years ago.        numbering 158 at the
Customs and Posts in the implementation                                                            end of September 2019.
of electronic advance data, and on the                Performance Measurement
implementation of the Customs Declaration
System (CDS), which was developed by the              The WCO Council adopted the terms
UPU’s Postal Technology Centre.                       of reference of the Working Group
                                                      on Per formance Measurement
Harmonized System                                     (WGPM) whose role is to develop a
                                                      new mechanism to measure Customs
The 2022 edition of the Harmonized System             performance. The Group will meet in the coming
or HS has been adopted by the WCO Council             weeks, and I invite all administrations to join it.
and will enter into force on 1 January 2022 for       Wide participation in WCO working bodies
all Contracting Parties to the HS Convention,         leads to more comprehensive outcomes, a point
numbering 158 at the end of September 2019.           which I cannot stress enough.
Of course, I sincerely hope that this new version
of the HS will be implemented diligently by all HS    Moreover, the WCO Secretariat has also been
Contracting Parties.                                  looking at the methodology used by other
                                                      international organizations, including the World
The potential for a strategic review of the HS was    Bank and its Doing Business team with whom
raised with the WCO Policy Commission, leading        it continues a dialogue, in order to convey the
to a Conference on the review of the HS being         views of Customs, as well as those of the WCO
held in May 2019. After reporting the discussions     Private Sector Consultative Group (PSCG), in
back to the Commission, the Secretariat has           an effort to improve the methodology. It also
been tasked to prepare a business case, for           engaged with the World Bank to improve the
submission to the WCO Finance Committee               WCO Time Release Study, a key performance
in the first instance, covering the scope of a        indicator tool.
possible review, the initial impact and feasibility
studies, possible governance mechanisms for           Integrity
the change process, and the expected financial
and human resource costs.                             The WCO Secretariat carries out various types
                                                      of missions at the request of its Members, such
                                                      as integrity assessment missions, missions
18     Dossier

     to provide guidance on the introduction of            Among other things, the WCO plans to develop
     performance measurement systems, and ad hoc           a Digital Customs Package, bringing together
     missions to provide support in revising a code of     all relevant information, tools, guidance, and
     conduct, an integrity strategy, a training plan or    training material that can be used by Customs
     the mapping of corruption risks.                      administrations to implement new mechanisms
                                                           for data collection, exchange, and analysis. The
     It recently gathered the experience of some           compilation of studies and methods will be
     administrations in implementing Principle 6 of        further developed, and regional workshops will
     the revised WCO Arusha Declaration on good            also be organized on disruptive technology in
     governance and integrity in Customs, focusing         order to pursue efforts to raise awareness and
     on audit and investigation, and published them        share best practices.
     in a document entitled “Compilation of WCO
     Members’ Integrity Practices on Internal              Continuous capacity building support will be
     Controls and the Relationship with External           provided in these areas, led by specialized WCO
     Controls.”                                            staff. The Secretariat will take forward its work
                                                           through a Cloud Computing Server, offering
     Moreover, in January 2019, the WCO and                support and guidance to WCO Members in the
     the Norwegian Agency for Development                  area of data analytics, with the development of
     Cooperation launched the Anti-Corruption              more concrete solutions adapted to Customs
     and Integrity Promotion (A-CIP) Programme             issues and operations.
     for 11 WCO Members: Afghanistan, Ghana,
     Ethiopia, Lebanon, Liberia, Mali, Mozambique,         Going forward
     Nepal, Sierra Leone, Tanzania, and Tunisia. Each
     is expected to develop a multi-annual action plan     I have highlighted here only a few of the
     along with clear benchmarks and performance           activities carried out and results achieved over
     measurement criteria.                                 the last 12 months on each of the priorities of
                                                           the WCO’s new Strategic Plan. Additional WCO
     Digital Customs and Data Analytics                    activities are summarized in the articles which
                                                           follow, under the name of each specific WCO
     The WCO Secretariat has been asked to place a         Directorate.
     new focus on the development of guidance and
     capacity to support the digitalization of Customs     In closing, I trust that you will enjoy reading
     operations and the use of technologies and data       about what the WCO has done and what it will
     analytics. This is one of the new priorities of the   be doing in the months ahead, and that you will
     Strategic Plan, and one of the issues that will       equally appreciate the other interesting and
     be discussed by the WCO Policy Commission             insightful articles that were selected for this
     in December 2019, to enable the Secretariat to        edition of the magazine.
     obtain orientation and guidance.
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20   Dossier

               Tariff and Trade Affairs
               Cross-cutting activities                            First Workshop of the African Union Technical
                                                                   Customs Working Group on Pre-Shipment
               WCO Revenue Package and advance rulings             Inspections.
               The WCO continued to assist its Members
               in implementing the Revenue Package, which          Nomenclature and classification
               provides guidance and best practices for
               improving the efficiency and effectiveness of       The WCO continued to carry out its work on
               revenue collection, as well as in implementing      the uniform application of the Harmonized
               an advance ruling system for classification         System (HS), with the adoption of numerous
               and origin, as required under the World Trade       classification decisions and intensified capacity
               Organization’s (W TO) Trade Facilitation            building efforts devoted to the implementation
               Agreement (TFA).                                    of HS 2017, including the harmonization and
                                                                   enhancement of analytical methods used by
               Assistance was provided to Azerbaijan, Bahamas,     Customs laboratories as well as the work on
               Eswatini, Lesotho, Liberia, Mauritius and Niger     the implementation of advance ruling systems
               to assist them in developing or expanding their     mentioned earlier.
               advance ruling systems.
                                                                   HS Contracting Parties and status on the
               As part of the programme “Harmonizing               implementation of HS 2017
               the classification of goods based on WCO            The number of Contracting Parties to the HS
               standards to enhance African trade,” a regional     Convention has reached 158, with the accession
               accreditation workshop for Technical and            of The Gambia (June 2019). At present, 120
               Operational Advisors (TOAs) on the cross-           Contracting Parties have notified the WCO
               cutting tools for classification, origin and        that they had implemented HS 2017, and a
               valuation was conducted for French-speaking         further 14 had indicated that they would have
               African officers.                                   implemented it by January 2019.

               Secretariat staff also supported Customs            Speeding up the HS decision-making process
               administrations who themselves provide              The Recommendation of 30 June 2018
               training to foreign colleagues. In addition, they   amending Article 8 of the HS Convention with
               participated in various events, including the       a view to speeding up the HS decision-making
WCO news n° 90 October 2019   21

process by placing a two-reservation limit        also provides, at the request of a Member, advice
on classification decisions taken by the HS       on the classification of commodities.
Committee was unanimously adopted and will
enter into force on 1 January 2021.               Assistance aimed at increasing institutional
                                                  capacity to carry out classification work was
Classification decisions and amendments to        provided to the Bahamas, Georgia, Vietnam
HS publications                                   and Palestine Customs. A diagnostic mission
At its 62nd and 63 rd Sessions, the WCO HS        to assess the existing infrastructure in respect
Committee took 304 classification decisions,      of work undertaken with regard to the HS and
including 242 classifications of international    tariff classification was held in Niger. Regarding
nonproprietary name (INN) pharmaceutical          the accreditation of experts, a regional workshop
products linked to the WTO Agreement on           for expert trainers on the HS in the West and
Trade in Pharmaceutical Products.                 Central Africa region was conducted in Burkina
                                                  Faso.
The HS Committee, at these two sessions,
also adopted 58 amendments to the HS              National workshops on the development of an
Nomenclature, 6 sets of amendments to the         advance ruling system for classification were
HS Explanatory Notes (Article 16 procedure        organized in Bhutan, Malawi, Nepal, Papua New
/ effective on 1 January 2022), 8 draft           Guinea, Vietnam and Zimbabwe.
corrigendum amendments to the Explanatory
Notes (Article 8 / HS 2017), and 53 new           Technical assistance related to Customs
Classification Opinions. With the exception of    laboratory infrastructure and analysis
those for which reservations have been entered,   methodology was provided to Albania, Colombia,
the decisions and amendments are available on     and 14 countries in the MENA region. Moreover,
the WCO website and via the WCO bookstore.        experienced Customs chemists and classification
                                                  officers from six countries participated in the 6th
Technical assistance                              Customs Laboratory Programme, which was
HS-related capacity building assistance to        funded by Japan Customs. Participants spent
WCO Members is delivered in the form of           one week studying WCO HS tools at the WCO
national and regional seminars and workshops      Secretariat before going to Japan for six weeks’
on the implementation and uniform application     practical training on chemical analysis methods.
of the HS, on the modernization of Customs
laboratories and their analysis methodology,      In addition, the Organisation for the Prohibition
and on the implementation of advance ruling       of Chemical Weapons (OPCW) invited the
systems for classification. The WCO Secretariat   WCO to introduce the role played by the
22   Dossier

               Organization in controlling the trade in chemical   New recommendation
               products to participants attending the OPCW’s       The Council adopted the Recommendation on
               Associate Programme – an annual programme           the insertion in national statistical nomenclatures
               for developing countries that aims to enhance       of subheadings to facilitate the monitoring of
               their capacities by of fering training in           the international movement of substances that
               chemistry and chemical engineering.                 deplete the ozone layer, controlled by virtue of
                                                                   the Kigali amendments to the Montreal Protocol.
               During the 2018/2019 financial year, 97
               classification advice responses, covering 109       Valuation
               products, were provided to WCO Members
               by the WCO Secretariat.                             The WCO continued its efforts in assisting its
                                                                   Members with the uniform application of the
               Review of the HS                                    WTO Agreement on Customs Valuation (the
               The potential for a strategic review of the HS      Agreement), in particular, by providing guidance
               was raised with the WCO Policy Commission,          on the management of Customs valuation
               which led to a Conference on the review of the      matters.
               HS being held in May 2019. After reporting
               the discussions back to the Policy Commission,      Examination of Customs valuation questions
               the Secretariat has been tasked to prepare a        The WCO Technical Committee on Customs
               business case, for submission to the WCO            Valuation (TCCV) completed the examination
               Finance Committee in the first instance,            of the “Valuation of imported goods purchased
               covering the scope of a possible review, the        in flash sales” case that was submitted by
               initial impact and feasibility studies, possible    Mauritius, and which led to the adoption of
               governance mechanisms for the change                Advisory Opinion 23.1 at its 48th Session in May
               process, and the expected financial and human       2019.
               resource costs.
                                                                   During 2018/2019 the TCCV had examined
               HS 2022                                             questions concerning:
               The WCO Council adopted an Article 16
               Recommendation concerning the amendment             • the valuation of imported chip cards relating to
               of the HS for HS 2022. It contained 351 sets          transportation service and tourist admission
               of amendments. Some notable amendments                tickets;
               include new headings or defining Notes for:         • the use of transfer pricing documentation to
                                                                     examine related party transactions, according
               • new or major technologies (3D printers,             to Article 1.2 (a) of the Agreement;
                 smartphones, drones and novel tobacco             • the sale for export to the country of
                 products):                                          importation under Article 1;
               • electronic waste (e-waste);                       • the interpretation of the value of adjustments
               • various gases with high global warming              under Article 8.1 (b) of the Agreement;
                 potential;                                        • the payment of royalties and licence fees,
               • rapid diagnostic kits for the Zika virus and        calculated by reference to the sales price
                 other mosquito-borne diseases;                      of products manufactured in the country
               • new fentanyl opioid derivatives;                    of importation from imported inputs, and
               • cultural articles;                                  their relevance to the Customs value of
               • edible oils produced by microbes;                   the imported inputs necessary for the
               • edible insect products;                             manufacture of the finished goods;
               • minimally processed quinoa.                       • the treatment of income tax paid on royalties
                                                                     payable to a licensor in a foreign country;
               HS 2022 will enter into force on 1 January          • the valuation of imported inputs for which
               2022 for all HS Contracting Parties, but will         a “commission” is paid by the buyer to a
               exclude any amendments objected to during             promoter under a Promotion and Marketing
               the six month time-frame, during which                Service Agreement;
               Parties can notify the WCO of an objection          • the valuation of an imported product bearing
               to a recommended amendment.                           the importer’s own trademark when, at
WCO news n° 90 October 2019          23

  the same time, the same product with another trademark is
  presented for importation at a different price;
• the valuation of imported goods sold at discounted prices to
  accredited buyers;
• the valuation treatment of amounts paid for access rights to a
  TV bouquet under Article 8.1 (c) of the Agreement;
• the situation involving intra-group transactions, where two
  invoices with different prices for the same consignment were
  found during the examination of documents submitted by an
  importer.

The first question has been put in Part III of the Conspectus of
Technical Valuation Questions, and the remaining questions will
be examined by the TCCV at its next session.

Technical assistance
National workshops on valuation issues took place in the Bahamas,
Bhutan, Colombia, Lesotho, Rwanda, Senegal, Sierra Leone,
Thailand, Togo and Montenegro. A Sub-regional workshop was
organized for countries of the pacific. In addition, diagnostic
missions on the valuation control system and assessment of
related expertise were carried out in Côte d’Ivoire, Bhutan, Liberia
and Niger.

As part of a series of joint regional workshops conducted by the
WCO and the Organisation for Economic Co-operation and
Development (OECD) on Customs valuation and transfer pricing,
a workshop was organized for countries in the Asia/Pacific region.

For the 2018/2019 financial year, the WCO Secretariat responded
to nine requests for advice received from WCO Members in
relation to Customs valuation.

Events
WCO valuation experts participated in a private sector
conference series focusing on transfer pricing called the “TP
Minds Conference,” which was organized in Australia, Singapore,
South Africa and the United Kingdom with the objective of
promoting WCO valuation work. They also participated in a WTO
workshop entitled “Experience sharing on the implementation
of the Customs Valuation Agreement, and ensuring that the
Trade Facilitation Agreement supports implementation of the
CVA including technical assistance and capacity building.”

Rules of origin

The WCO continued to support its Members with their
understanding, management and implementation of rules of origin
amid the ongoing proliferation of regional trade agreements.

The Technical Committee on Rules of Origin (TCRO) met to
report on the technical aspects of the WTO Agreement on Rules
of Origin. The work on the harmonization of non-preferential rules
of origin at the WTO has remained stagnant for some years, but
24     Dossier

     discussions have taken place on issues linked to
     notifications and transparency.

     Back to back with the TCRO, a workshop
     was organized to address preferential
     market access for LDCs, origin procedures
     including certification and verification, and
     e-learning opportunities for public and private
     representatives. The review of the Revised
     Kyoto Convention (RKC) was also discussed,
     with the inputs being reported to the Working
     Group on the Comprehensive Review of the
     RKC.

     Technical assistance
     Capacity building activities included the
     organization of eight training workshops:

     • In Sri Lanka, WCO Secretariat staff partnered       • The WCO Origin Compendium, a compilation
       with the WTO to deliver presentations related         of all origin related tools and instruments, is
       to the operational aspects of origin.                 now available in Spanish.
     • In Angola, Indonesia and the Lao People’s           • The Database on Preferential Rules of Origin,
       Democratic Republic, they assisted Customs            and the Comparative Study on Preferential
       officers in enhancing their knowledge of              Rules of Origin have been updated, with the
       preferential rules of origin and their ability to     Study now translated into French and Spanish.
       correctly apply the rules related to origin.
     • In the Bahamas, they delivered a train-the-         Specific Annex K of the Kyoto Convention
       trainer workshop for eight officials.               The WCO Secretariat believes that there is a
                                                           need to update Specific Annex K of the Revised
     WCO Secretariat staff also participated in            Kyoto Convention (RKC) that deals with rules
     several external events:                              of origin as part of the current RKC review. The
                                                           Annex was not part of the revision of the original
     • A workshop on electronic certificates of origin,    Kyoto Convention, and, as such, there is a need
       gathering the four Members of the Agadir            to update the text to ensure that it matches
       Agreement (Egypt, Jordan, Morocco and               modern Customs and trade procedures and
       Tunisia).                                           practices.
     • A roundtable on the future of rules of
       origin and utilization rates organized by the       Moreover, the WCO Secretariat is advocating
       European University Institute in cooperation        for binding and enforceable provisions, thereby
       with UNCTAD, aimed at providing a platform          promoting that the WCO and Customs take the
       for origin experts, researchers, government         lead in relation to international standards on
       officials and the private sector to discuss         the administrative procedures regarding rules
       developments in the area of rules of origin.        of origin.
     • A workshop on the implementation of the
       APEC Customs Transit Guidelines that were           More information
       adopted in 2014.                                    hs@wcoomd.org
                                                           valuation@wcoomd.org
     New publication                                       origin@wcoomd.org
     A number of origin tools have been updated or
     translated into new languages:
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