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TRANSFORMATION OF CUSTOMS LEGAL FRAMEWORK Transition period from planned to market economy Kiev, March 17th, 2011.

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Presentation on theme: "TRANSFORMATION OF CUSTOMS LEGAL FRAMEWORK Transition period from planned to market economy Kiev, March 17th, 2011."— Presentation transcript:

1 TRANSFORMATION OF CUSTOMS LEGAL FRAMEWORK Transition period from planned to market economy Kiev, March 17th, 2011

2 EXPERIENCE OF LITHUANIAN CUSTOMS Legal framework before accession to European Union (Valdas Dovydenas) Legal framework after accession to European Union (Vytenis Alisauskas) 2

3 TRANSFORMATION OF CUSTOMS LEGAL FRAMEWORK TRANSITION PERIOD FROM PLANNED TO MARKET ECONOMY Experience of Lithuanian customs Legal framework before accession to European Union

4 HISTORICAL STEPS Reestablishment of Lithuanian Customs in 1990 October 9, Temporary law on Customs service October 11, establishment of Customs Department July 15,1993, Law on Customs Tariff 1993 Statute of Customs Service 1994 Law on taxes January 1, 1998, Customs Code 4

5 IMPLEMENTATION OF INTERNATIONAL TREATIES Must be ratified by the Parliament Primacy over national law Must be implemented on national level Must be created national legal acts (if needed) 5

6 MAIN STEPS OF THE USE OF THE SINGLE ADMINISTRATIVE DOCUMENT - SAD Introduction of SAD on 1 January 1995 Review of legislation on the use of SAD on 1 January 2000 (preparation for the application of ASYCUDA and for the use of Common Transit procedure) Review of legislation on the use of SAD on 1 May 2004 (Lithuania’s accession to the EU and implementation of SAD reform) 6

7 NATIONAL LEGISLATION FOR USING SAD Provisions on introduction of SAD Provisions on printing and distribution of SAD forms Instructions on filling in SAD boxes (for declarants / traders and customs officials) Instructions on amendment and invalidation of SAD Instructions on handling of SAD copies in customs offices Lists of codes to be used for filing in SAD 7

8 THE CONVENTION ON TEMPORARY ADMISSION (THE ISTANBUL CONVENTION) Implementation of national legal framework: Customs code Oder for Customs clearance of ATA Carnet Movement of goods using ATA Carnet ATA Carnet’s order Provisions on printing and distribution of ATA Carnet 8

9 EU INTEGRATION To reorganise legal acts regulating custom activity according to the legal norms of European Union To introduce a modern customs information system To introduce advanced control technologies, based on sufficient prevention of law violations and authorisations to carry out investigations, application of risk analysis, use of information and intelligence, and modern technical equipment To develop a modern system for administrating import and export duties and taxes To expand the field of the application of simplified customs procedures, with a view to ensuring further improvement of business environment 9

10 TRANSFORMATION OF CUSTOMS LEGAL FRAMEWORK TRANSITION PERIOD FROM PLANNED TO MARKET ECONOMY Experience of Lithuanian customs Legal framework after accession to European Union

11 TREATY ESTABLISHING THE EUROPEAN COMMUNITY (ARTICLE 249) Regulations Have general application, are binding in their entirety and are directly applicable in all Member States Directives Are binding, as to the result to be achieved, upon the Member States to whom they are addressed Are not directly applicable, in principle Decisions They are binding in their entirety. Where those to whom they are addressed are stipulated, they are binding only on them. Recommendations and opinions They have no binding force, that is to say they do not establish any rights or obligations for those to whom they are addressed, but do provide guidance as to the interpretation and content of Community law 11

12 ELECTRONIC CUSTOMS INITIATIVE Decision No 70/2008/EC On a paperless environment for customs and trade Regulation (EC) No 450/2008 Modernized Customs Code Regulation (EC) No 273/2009 Provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code, derogating from certain provisions of Commission Regulation (EEC) No 2454/93 12

13 SOME ACTUAL CUSTOMS LEGISLATION Regulation (EEC) No 2913/92 Establishing the Community Customs Code Regulation (EC) No 648/2005 Amending Council Regulation (EEC) No 2913/92 establishing the Community Customs Code Regulation (EEC) No 2454/93 Provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code Regulation (EC) No 1875/2006 Amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code ( OJ L 360, 19.12.2006 ) 13

14 DEVELOPMENT OF INFORMATION AND COMMUNICATION TECHNOLOGY CUSTOMS SYSTEMS CUSTOMS OPERATIONAL SYSTEMS TRADE ACCESS CUSTOMS TOOLS ECONOMIC OPERATORS' SYSTEMS LONGER TERM PROJECTS AUTOMATED INFORMATION EXCHANGE WITH 3 rd COUNTRIES BUSINESS STATISTICS 14

15 CUSTOMS OPERATIONAL SYSTEMS Automated import system Import Control System, safety and security aspects (2011) Automated Import System – Preparatory Phase (2013) Automated Import System – Centralized clearance (2013) New Computerised Transit System NCTS – extension to rail (2013) Automated Export System Export Control System phase 2 (2011) Automated Export System – Preparatory phase (2013) Automated Export System – Centralized clearance (2013) Proof of customs status of goods – Other Justifications (2013) 15

16 OTHER ELECTRONIC CUSTOMS PROJECTS Customs tools Customs Risk Management System (2011/2012) Integrated Tariff Environment TARIC 3 ECICS 2 EBTI 3 Customs Offices/Authorities List (2013) Guarantees COPIS Economic operators’ systems EOS-Single Authorization (2011) Registered Exporters (2014 – 2016) Other Authorisations/Customs Decisions (2013) Longer term projects Single Window (2014) Automated information exchange with 3 rd countries 16


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