ASEAN Customs Transit System ACTS v. 2019
Background • The ASEAN Customs Transit System, or ‘ ACTS ’ has been developed by ASEAN Member States, with the technical assistance of EU‐ARISE. • The origins of ACTS are in Protocol 7, ‘Customs Transit System ’, of the ASEAN Framework Agreement on the Facilitation of Goods in Transit. • This was agreed and signed by Governments in 1998. • See ACTS Information Portal: https://acts.asean.org 2
AMS Cooperation in using ACTS Effective communications • Networked connections between participating AMS • Fast and efficient messaging between offices Agreement on mutual assistance • Sharing information between participating AMS • Full control of transit movements in conformity with national laws • Cooperation in recovery of any lost revenue 3
Agreed Standards Guarantees • Standard format guarantees, given by banks • Amounts to cover the maximum Customs debt in countries of transit • Recoverable, if necessary, in the appropriate country of transit Registration and authorisation of transit operators • Strict standards to establish and then to monitor the reliability and suitability of Authorised Transit Traders Means of transport and security seals • To meet requirements on vehicle or container construction and suitability and set specifications for seals, recognised in each country of transit Standard Customs operational procedures 4
ACTS Network ACTS network for Information communication between exchange (IE) the Member States and messages the Central Services. AMS AMS AMS National ACTS Core Applications transit transit transit External connections: Trader Trader Trader Trader portal 5
Customs roles Administration Trader registration Guarantee management Risk controls Commencing transit movements Declaration submission Validation and acceptance Release to transit Transit and transit movement termination Transit offices Office of destination Irregularities Diversions and non‐arrival Enquiry and recovery 6
ACTS transit operators • The transit transport operator (the legal entity) using ACTS is the ‘Principal’, as defined in Protocol 7 . • The Principal is responsible for the transit movement, in terms of meeting the conditions of Customs approval and any liabilities • ACTS transit declarations are made by persons (‘ the declarant ’), specifically authorised by the Principal such as: ‐ • Owners or partners of the business; • Employees of the Principal; or • Customs brokers or freight forwarders, acting as representatives of the Principal. 7
ACTS Authorised Transit Traders (ATT) • Customs procedures to facilitate transit movements by registered ACTS transit operators are in two categories, called: • Normal procedure; and • Simplified procedure • Simplified procedures are available, on application, to approved transport operators given the status of ACTS ‘Authorised Transit Trader’. • Gaining ‘ATT’ status requires a Customs evaluation of the applicant’s transit business standing and proven record of reliability. 8
ATT Simplifications • As an example, an ATT can be exempted from the need to present goods at the Customs office of departure and to commence transit movements direct from pre‐authorised places of loading without any need for routine Customs examinations. • ATT’s are approved by participating Member States, for either: • Simplified transit departure procedures within that State, • for Simplified destination procedures within that State, or • Both departure and destination, within that State 9
Customs offices of transit Office of departure Office of departure • Registers the transit declaration • Decides and conducts appropriate control measures • Releases to transit and monitors movement • Ends the transit movement with final write‐off Offices of transit Offices of transit • Validates the transit movement at border • Decides on allowing passage Office of destination Office of destination • Registers consignment’s arrival • Decides and conducts appropriate control measures • Reports to office of departure as necessary to finalise the transit movement 10
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ACTS Transit System Prescribed route Set time to complete transit Country 1. Country 2 Country 3 Office of Office of Departure Destination TAD‐ Transit Acc Doc ACTS access and messaging between Customs Offices Advance Notice of Transit ‐ ATR & AAR Electronic Messages Confirm Arrival and Release Page 12
What if the transit is not routine? Circumstances can lead to situations such as: • Late arrivals ( not within the set time interval) • Diversions in route or destination (unavoidable or intended) • Incidents in transit (accidents, breakdowns, or theft/loss) • Unexplained failure to arrive at destination 13
Enquiries and recovery • Enquiry procedures are initiated in the absence of ‘Arrival advice’ and ‘Control result’ messages within the set time interval. • The Principal is advised that evidence must be produced to show the transit was completed correctly. • Without a satisfactory response, the recovery procedure is commenced, to claim and recover duties and taxes from the Principal or Guarantor. 14
Pilot Phase A, B and C • Pilot A in MST and CLV (6 weeks): • 6 January – 14 February 2020 • Execution of 21 Business Scenarios by MST and CLV • Pilot B in MST and CLV (3 weeks): • 27 January – 14 February 2020 • Selected private sector participants moving goods in MST and CLV under existing Customs procedures while submitting and processing movements under ACTS procedure as well (Parallel Run) • Final connectivity checks, configuration and old data cleanup: • 17 ‐ 29 February 2020 • Final system and connectivity checks, configuration, old data cleanup will be performed • Pilot C in MST and CLV (8 weeks): • Tentatively 2 March ‐ 24 April 2020 • Go Live! Event tentatively first week of Pilot C • Selected private sector participants moving goods between CLV and TH under ACTS procedure only • Seamless switch to full Live Operations tentatively right after end of Phase C on 24 April 2020
Role of National Transport Agencies • On‐going supervision of transport preparations under ACTS Pilot • Issuing / revoking goods vehicle cross‐border permits • Monitoring of progress of ACTS Pilot from transport aspect • Resolution of transport‐related problems
Role of NTTCC • Inter‐agency coordination of preparations for ACTS Pilot • At national level • Transmission of goods vehicle cross‐border permits to Host Countries • Receipt of acknowledgement from Host Countries • Follow‐up of non‐acknowledgements
ASEAN GVCB Permit Free movement for trucks and drivers • Standard technical specifications for trucks • Protocol 4 AFAFGIT • 500 trucks per ASEAN country • Protocol 3 of AFAFGIT • Controlled by ASEAN Goods Vehicle Cross Border Permit • Mutual recognition of driving licences, registration certificates and operator licences
ASEAN GVCB Permit Sticker AMS Flag: Colour Specification may follow the United Nations 11.5 cm Pantone (PMS) Color Specifications for International Flags 2013; otherwise, leave to national discretion. (www.embassyflag.com/unflagcolors/unflagcolors.pdf) Optional Barcode: Barcode Specification: 128B (standard bar code widely used in shipping and packaging, and can represent numbers 0‐9, alphabetic characters A‐Z and a‐z) Frame is for indication purpose only, to be omitted when barcode is not printed. 11.8 cm ASEAN emblem: As adopted in the ASEAN Charter Blue : Pantone 286 Red : Pantone Red 032 Yellow : Pantone Process Yellow Font Colour: Black. RGB Mode background Colour: Red : 0 RGB Mode Green : 0 Red: 247 Blue : 0 Green: 150 Blue: 70
Border Transport Control Procedures Procedural controls by Transport officials at borders: • Verification of documents held on vehicle • As per protocol 4 of AFAFGIT • ASEAN Goods vehicle cross‐border sticker • ASEAN Goods vehicle cross‐border permit • Vehicle registration certificate • Certificate of inspection • Consignment note
Role of Private Sector What will be expected of private sector (principals / declarants) • Participate in ACTS training • Register as principal with Customs • Apply for ASEAN GVCB Permit • Obtain guarantees for duties and taxes at risk • Arrange for electronic submission to ACTS of transit declarations • Submit correct electronic transit declaration to ACTS • Participate in integrated border management events
ACTS Possible Future • Exploring possibility for expansion of routes / border posts and other ports • Use of ACTS for in‐country transit, based on national legal framework • Use of ACTS for two country cross‐border transit, based on bilateral agreements / MoUs • Addition of advanced tracking technologies, e.g. RFID, GPS • Inclusion of multiple loading and unloading points along the transit route • Inclusion of other modes of transport: rail and river 22
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