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DDT, no issue number · Thursday, 2 December 2004 · story 3 of 4

Cabinet okays proposal to sign International Convention on Mutual Administrative Assistance in Customs Matters

By Vijay Kumar

It is understood that the Union cabinet has agreed to the Ministry Of Finance proposal to sign the international convention. The Convention, established under the auspices of the Customs Co-operation Council, now known as the World Customs Organization,

  1. Recognizing that closer co-operation between Customs administrations is a principal aim of the Convention establishing a Customs Co-operation Council;

  2. Convinced that more effective co-operation between Customs administrations can be achieved through the goodwill of the Contracting Parties;

  3. Considering the importance of the accurate assessment of Customs duties and other taxes and of ensuring proper enforcement by Customs administrations of prohibitions, restrictions and measures of control in respect of specific goods;

  4. Considering that offences against Customs law are prejudicial to the security of the Contracting Parties and their economic, commercial, fiscal, social, public health and cultural interests;

  5. Taking into account the threat of transnational organized crime and terrorist groups with their substantial resources and the need to effectively combat them;

  6. Recognizing the increased global concern for the security and facilitation of the international trade supply chain and the Customs Co-operation Council's Resolution of June 2002 to that effect;

  7. Recognizing the importance of achieving a balance between compliance and facilitation to ensure the free flow of legitimate trade and to meet the needs of governments for the protection of society and revenues;

  8. Convinced that international trade will be facilitated by the adoption of modern control techniques, such as risk management, by Customs administrations;

  9. Recognizing that the international exchange of information is an essential component of effective risk management and that such exchange of information should be based on clear legal provisions;

  10. Taking into account the International Convention on Mutual Administrative Assistance for the Prevention, Investigation and Repression of Customs Offences, adopted at Nairobi on 9 June 1977 under the auspices of the Customs Co-operation Council, which lays down a framework to facilitate mutual administrative assistance in Customs matters;

  11. Taking into account the United Nations Convention against Transnational Organized Crime, adopted at New York on 15 November 2000 and for which the High-Level Political Signing Conference was held in Palermo from 12 to 15 December 2000, which lays down a framework for international mutual assistance in criminal matters with a view to preventing and combating transnational organized crime;

  12. Having regard to international Conventions containing prohibitions, restrictions and measures of control in respect of specific goods;

  13. Having regard to the United Nations Universal Declaration of Human Rights of 1948;

agreed for mutual administrative assistance in customs matters, on 27th June 2003 at Brussels. It is a welcome sign that India now is ready to join the convention. Full text of the convention can be had from
http://www.wcoomd.org/ie/En/Conventions/MAA%20Legal%20Text%20
FINAL%20VERSION_publish%20E.pdf