When 10+2 Becomes ISF:US Customs Requirements-an Australian Perspective
International trade controls are exercised by Customs authorities around the world,as part of a countrys exercise of its sovereign rights,notwithstanding international obligations,such as the ones imposed by the World Trade Organisation Agreements and adherence to international conventions,such as the Kyoto Protocol on simplification of customs matters that focuses on electronic risk assessment principles.Customs authorities and other permit issuing agencies discharge their obligations within their jurisdiction in accordance with the legislation and regulations that govern them.However in the case of sea-freight container traffic cargo security measures,such as the 10+2 rule (now officially referred to as the Importer Security Filing - ISF),concern has been expressed about the possible extraterritorial application of US Customs and Border Protection (CBP) requirements and the compliance difficulties that exporters,importers and logistics service providers face in providing timely electronically submitted data to the CBP.This paper considers,from an Australian perspective,the challenges of implementing a regime of compliance to satisfy the CBP requirements.Firstly it identifies the data requirements of the CBP and the possible extraterritorial application of such requirements;then it focuses on the time frames imposed by the CBP and the domino effect these have on logistics operations,with consequential added costs;and finally it highlights the mismatch between the commercial contract obligations that exporters and importers enter into,and the CBP requirements.Whilst security concerns in the context of international trade flows are understandable,the ISF requirements can only but be considered as another tool in combating undesirable trade and possible terrorism elements,and it must be recognized that per se these measures to do not guarantee outcomes.The paper concludes that customs authorities are the best agencies to police cross-border trade and that whilst their role is not being challenged,the impracticalities of compliance surrounding the ISF contribute to less efficient international supply of goods through increased operating costs.
Bergami,Roberto
Victoria University,School of Fxonomics and Finance,Institute for Community Engagement and Policy Alternatives,P.O.Box 14428,Melbourne City MC,Victoria,Australia,8001
国际会议
PAN-PACIFIC CONFERENCE XXVI(“战略创新、协作融合泛太平洋管理学会第26届年会)
深圳
英文
106-108
2009-06-01（万方平台首次上网日期，不代表论文的发表时间）