Thailand –Japan Export Control Seminar: Customs Control and Formalities
March 8, 2011 Crown Plaza Hotel
Lumpini Park Bangkok
Dr. Sangob Sittidech
(LL.B., M.A., D.P.A.)
Customs Technical Officer, Professional
Bangkok Port Customs Bureau
Presentation out line
PART I Export Control System
PART II e-Export System
PART III Customs Role in - Protecting Cargo
PART I Export Control System
1. Customs Law Related to Export
• Requirements of the Customs to be satisfied before goods are exported
– Section 45 of the Customs Act B.E. 2469 (1926) “Before the exportation of any goods, the exporter shall have fully of complied with this Act and other laws relating to the customs, made due entry, and paid the full amount of duty or provided cash security therefore. The application for providing cash security shall be in accordance with the regulations laid down by the Director- General. ”
– Section 27. Any person imports or brings into the Kingdom any tax unpaid, restricted, or prohibited goods, or any goods which has not duly passed through the customs, or exports or takes such goods out of the Kingdom… For each offence there shall be a fine of four times the amount of price of the goods including duty or to imprisonment for a term of not exceeding ten years, or to both.
Customs Law Related to Other Laws
Law and Regulations - Security Council resolution 1540 (2004) : WMD
• The Act Controlling the Exportation of Arms, Armament and War
Implements (1952)
• The Atomic Energy for Peace Act (1961)
• Ministerial Regulations, issued under the order of the National
Administrative Reform Committee No. 37 (1976)
• The Export and Import Goods Act (1979)
(Cabinet resolution of July 20, 2010 - delegated to the Ministry of Commerce is the main agency in the preparation of management import - export of goods that are available dual‐use product.)
• The Disease Control Act (1980)
• The Munitions of War Control Act (1987)
• The Royal Decree Controlling the Exportation of Arms, Armament and War Implements (1992)
• The Hazardous Substance Act (1992)
• The Amendment to the Anti-Money Laundering Act (1999)
• The Animal Disease Control Act (2001)
• The Pathogens and Toxins Act (2001)
• The Amendment to the Section of 135 of the Penal
2. Licensing System by 15 digits
• Exporters must…..
– Obtain export license à 15 digits
Licensing System for Tracking…Ex.
• สธ 0810 02 3 0227 38 àMinistry of Public Health
• กษ 0912 01 3 0030 38 àMinistry of Agriculture…
• กห 0206 02 0 0115 41 àMinistry of Defence
• อก 0412 02 3 0375 39 àMinistry of Industry
(Customs Notification 26/2544 Declaration in the list of entry permits for chemicals and hazardous materials)
.
– Submit Customs Entry document(s) within 15 days after Sub gate keyed Goods Transition Control (e-Export) into the system
3. Statistical code by HS
4. Risk Management System
Risk Management Profiles
There are 2 levels which are Central Profile & Local Profile.
Profiles (Central & Local)
• Business Profiles: Producers/Traders
• Intelligence Data
• International Agreement
• Complied with Standards of the Revised Kyoto Convention
• Tariff code, Original of the goods, Shipment routing
• List of Prohibited / Restricted Goods
• Related Facts
Selection Criteria
• High Risk: Inspect
• Low Risk: Not inspect (Exempt)
PART II e-Export System
e-Export: Last Port
Documents
The minimum documents required to be submitted with the Export Declaration data consists of:
(1) Export Declaration data
(2) Invoice
(3) Export License (if applicable)
(4) Certificates of Origin (if applicable)
(5) Other relevant documents such as catalogue, product ingredients, etc.
e – Export Process 2
PART III Customs Role in - Protecting Cargo
Protect cargo to high-risk container by used regulation
Thai & US Customs
Since the aftermath of the terrorist attacks USA in September 11, 2001. There are many programs took place to help the security of the United State such as
1. Container Security Initiative (CSI) 2003
2. Customs – Trade Partnership Against Terrorism (C-TPAT) 2001
3. 24-Hour Rule 2003
4. Mega Port Initiative (Radiation Detection)
Thai Customs & WCO
• WCO, Framework of Standards to Secure and Facilitate Global Trade : SAFE
• EU 2009, Authorized Economic Operator (AEO): EC Customs Security legislation Reg. 648/2005 and Reg. 1875/2006
• Authorized Economic Operator: an internationally recognized certification that an EU trader's role in the international supply chain is secure and customs controls and procedures are compliant.
• Department of Customs issued Customs Notification 84/2552 pilot program in which to obtain status as economic operators to be licensed. (Authorized Economic Operator: AEOs)
Caution on Exporters
Before exporting should consider the following issues;
1. Checked before whether the goods are in the lists of export controls or other laws.
2. If yes, should follow these procedures
1) Request for permission to the relevant authorities before export.
2) While exports (Ports Sub Gate) must verify that the product is waiting installation conditions make the risk to green or red.
3) After sending out must submit the allowed documents to customs control of the port or airport at the final delivery to the Kingdom within 15 days from the date of matching - the goods transition control.
If filed thereafter, Customs officers will be considered guilty of the reason for not filing in a document in a reasonable time. [Customs Notification 116/2549 Article 53 (1)]
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