Public forum on new Customs Control and Management Act

Tuesday, September 21st, 2010 will see a major public forum convene to discuss and receive feedback on the operations of a new Customs Control & Management Act.

The Bill has been in the public domain for some time now and is also available on the Governments’ website. Items of interest in the Bill are: submission of electronic declaration and the regulation of the profession of Customs Broker to include licensing and examination of Brokers, etc., etc.

The forum will take place at 2:30pm at the Public Service Training Center on Dame Eugenia Charles Boulevard, Roseau and will hear from the legal draftsman who actually drafted the Bill. It is intended for the Bill to go before Parliament on September 28th, 2010.

This Bill is intended to repeal the current Customs (Control and Management) Act, Chapter 69:01 which was enacted in 1991 and the Customs Import and Exports Tariffs Ordinance, Cap. 265 which was enacted in 1930.

The primary objectives and purposes of this Bill are to facilitate trade by simplifying the customs procedures and processes, to respond to the needs of the business community, to contribute to improving the trade competitiveness of Dominica and to create a business climate which promotes investment.

This Bill is based on the CARICOM draft model Customs Bill which seeks to reflect international best practice including provisions for facilitating trade, encouraging transparency and promoting voluntary compliance. It incorporates several features to give effect to Dominica’s obligations under international trade agreements, the International Convention on the Simplification and Harmonization of Customs Procedures as amended (the Revised Kyoto Convention) and the Revised Treaty of Chaguaramas.

For the purpose of improving the effectiveness and efficiency of the Customs and Excise Division, this Bill incorporates several new features, for example, record keeping and audit powers, ecommerce, self assessment, risk management and clear accountability.

The business community, especially importers, should make every effort to attend and contribute to the final wordings and intent of this important piece of legislation.

Links to the text of the Bill:
http://www.dominica.gov.dm/cms/files/customs_bill_part1.pdf
http://www.dominica.gov.dm/cms/files/customs_bill_part1.pdf

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8 Comments

  1. Agigeinsove
    December 6, 2010

    My inquiries are: Just how much can a provider legally charge to allow an insurance plan holder out of his insurance?
    Just how much does your agency cost when anyone chooses to end and how much pressure do you use to continue them?
    What are some ideas or something we can say if our client has several months remaining on his current automobile plan? Definitely, all of us are not going to wait until his renewal comes due each time.

  2. for real
    September 22, 2010

    @warma i strongerly agree with u ,i have had those exprience with customs,they ignore the value on the commercial invoice.customs just like to steal from the poor.

  3. THA TRUTH
    September 22, 2010

    @WARMA……FURTHER MORE SIR/MADAM…..THE FOREMOST RULE IS CUSTOM VALUE IS USE OF INVOICE VALUE….WHERE THERE IS NO INVOICE…CUSTOMS SHALL VALUE THE ITEM…IF U WISH TO QUESTION THE MEATHOD OF VALUATION..THAT WOULD BE A BETTER ARGUEMENT…BUT IT IS UNFORTUNATE TO IMPLY THAT THE CUSTOMS WOULD WITHOUT REASON REFUSE INVOICE VALUE AND SET A VALUE ON AN ITEM….IF THIS IS DONE WOULD YOU NOT THINK THAT THERE MAY HAVE BEEN SOMETHING WRONG WITH THE INVOICE??…PERHAPS YOU SHOULD GOTHE ROUTE OF ASKING IN WHICH CASE WOULD CUSTOMS REFUSE THE CUSTOMS VALUE OF AN ITEM INSTEAD OF IMPLYING THAT ITS A SET PRACTICE….YOU SPEAK FROM EXPERIENCE…I ALSO SPEAK FROM EXPERIENCE.

  4. THA TRUTH
    September 22, 2010

    @warma…..IF YOU WERE AS WELL INFORMED AS YOU CLAIM TO BE SIR OR MADAM..HOW DO YOU SUPPOSED DOMINICA CUSTOMS HAVE BEEN COMMITING THESES ILLEGAL ACTS AS U CALL IT???….ONT YOU THE THE WTO..UNCTAD AND THE SO MANY OTHER CUSTOMS ORGANIZATION WHICH SET THE REGULATIONS WOULD HAVE DEEMED IT ILLEGAL??….IGNORANCE IS BISS….BLESS YOU

  5. warma
    September 22, 2010

    This is a subject of particular interest to me. I live in the US and part of my job as head of Import Operations at a large food distribution company with facilities on the east and west coasts, is dealing with US Customs. I am intimately familiar with the HTS (Harmonized Tariff Schedule) of the Unites States as well as that of several developing and developed countries through my access to data from the International Customs Tariffs Bureau (www.bitd.org) and the World Trade Organization (www.wto.org) – the WTO has a committee that specifically works with all countries on valuation regulations, called the Committee on Customs Valuation of the Council for Trade in Goods (CGT). Although I do not deal with DA Customs, due to the fact that we do not import or export to Dominica, I do have cursory knowledge of the systems in operations there. What I find particularly interesting is the method of accessing customs duty to items entering Dominica. Notwithstanding the fact that DA Customs on occasion, access their own value to certain goods, ignoring what is stated on commercial invoices, which is what they’re supposed to go by, I find it interesting that DA Customs access duty to secondary charges like freight and I believe insurance as well, which is counter to what is done globally. Customs duties are supposed to be accessed against the value, usually the EXW (ex-works) value of the goods; freight and insurance are secondary charges and do not get accessed customs duties. DA Customs do include that in their valuations and that may be illegal; someone needs to examine the laws of Dominica in relation to this subject. Customs organizations worldwide generally adhere to set principles for valuation of goods entering their territories, through the Harmonized Tariff System, which governs those transactions. Why is it different in Dominica? This needs to be cleared up, because if DA Customs is accessing duties on freight and insurance in contravention to the law, then the government owes a lot of people money for illegal tariffs. Dominicans and business persons need to challenge this and get answers from the authorities. Excessive duties translate to higher cost of goods and cost of living, which of course means less money in their pockets.

    Just my two cents.

  6. Chavez Jr.
    September 22, 2010

    That is what globalization is all about my people. We do not have a choice. Do u guys know who actually is the axis of evil? Here we go; World Trade Organization, The IMF, The World Bank and the OECD. This is mandatory under WTO. We are a member of WTO, we have no choice, we have to comply. What the Big Boys say must go.Its part of the Conspiracy to rule the world.

  7. Big-Bannan
    September 22, 2010

    As we know.. it is the poor who pay.

  8. Eyes on Dominica
    September 22, 2010

    If the business climate in Dominica is to become more competitive then laws such as the Customs Control and Management Act need to be upgraded to enable the island achieve that and to become a better jurisdiction in which to attract both foreign direct investment and local investments. Doing business in Dominica is a challenge mainly due to the bureaucratic red tape that potential investors have to go through and the Customs Control and Management Act in its present form adds to this challenge. Therefore, any move to improve the doing business with Customs and Excise is a welcome.

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