Автор: Пользователь скрыл имя, 06 Ноября 2012 в 10:51, реферат
Customs is an authority or agency in a country responsible for collecting and safeguarding customs duties and for controlling the flow of goods including animals, transports, personal effects and hazardous items in and out of a country. Depending on local legislation and regulations, the import or export of some goods may be restricted or forbidden, and the customs agency enforces these rules.
Custom Service of USA and Hong Kong.
Группа 1916
Customs is an authority or agency in a country responsible for collecting and safeguarding customs duties and for controlling the flow of goods including animals, transports, personal effects and hazardous items in and out of a country. Depending on local legislation and regulations, the import or export of some goods may be restricted or forbidden, and the customs agency enforces these rules. The customs authority may be different from the immigration authority, which monitors persons who leave or enter the country, checking for appropriate documentation, apprehending people wanted by international arrest warrants, and impeding the entry of others deemed dangerous to the country. In most countries customs are attained through government agreements and international laws.
A customs duty is a tariff or tax on the importation (usually) or exportation (unusually) of goods. In the Kingdom of England, customs duties were typically part of the customary revenue of the king, and therefore did not need parliamentary consent to be levied, unlike excise duty, land tax, or other forms of taxes.
Commercial goods not yet cleared through customs are held in a customs area, often called a bonded store, until processed. All authorised ports are recognised customs area.
Customs procedures for arriving passengers at many international airports, and some road crossings, are separated into Red and Green Channels. Passengers with goods to declare (carrying items above the permitted customs limits and/or carrying prohibited items) should go through the Red Channel. Passengers with nothing to declare (carrying goods within the customs limits only and not carrying prohibited items) can go through the Green Channel. Passengers going through the Green Channel are only subject to spot checks and save time. But, if a passenger going through the Green Channel is found to have goods above the customs limits on them or carrying prohibited items, they may be prosecuted for making a false declaration to customs, by virtue of having gone through the Green Channel.Canada and the United States do not officially operate a red and green channel system, however some airports copy this layout.Airports within the European Union (EU) also have a Blue Channel. As the EU is a customs union, travellers between EU countries do not have to pay customs duties. VAT and Excise duties may be applicable if the goods are subsequently sold, but these are collected when the goods are sold, not at the border. Passengers arriving from other EU countries should go through the Blue Channel, where they may still be subject to checks for prohibited or restricted goods. In addition, limitations exist on various tobacco and alcohol products being imported from other EU member states and use of the Blue Channel if those limitations are being exceeded would be inappropriate. Luggage tickets for checked in luggage within the EU are green-edged so they may be identified. UK policy is that entry into a particular Channel constitutes a legal declaration.
Customs is an important part of the government involved in one of the three basic functions of a government, namely, administration, maintenance of law, order and justice and collection of revenue. However, in a bid to mitigate corruption, many countries have partly privatised its Customs. This has occurred by way of engagement of Pre-shipment Inspection Agencies who examine the cargo and verify the declared value before importation is effected and the nation Customs is obliged to accept the report of the agency for the purpose of assessment of leviable duties and taxes at the port of entry. While engaging a preshipment inspection agency may appear justified in a country with an inexperienced or inadequate Customs establishment, the measure has not really been able to plug the loophole and protect revenue. It has been found that evasion of Customs duty escalated when pre-shipment agencies took over. It has also been alleged that such involvement of such agencies has been causing delays in the shipment process. Privatization of Customs has been viewed as a fatal remedy.
1.Asia
Hong Kong:
Hong Kong is a free port and generally does not impose duties on imported or exported goods, with the exceptions of liquors, tobacco, methyl alcohol and hydrocarbon oil. Residents leaving the territory with a valid Hong Kong Identity Card for 24 hours or more may import up to 1 litre of alcohol and 19 cigarettes or 15 cigars.
Indonesia:
No customs for mailed goods below or equal to US$50. Customs policy may be different in Batam free trade zone.
Philippines:
Customs prohibits the import or export of PHP10,000 (approximately USD220) of local currency instruments (e.g., Philippine peso banknotes) without the prior authority of the central bank. However, bringing in of USD10,000 or higher (or its foreign currency equivalent) may be brought in or out but it must be declared in writing.
Theoretically, the import and export of controlled goods needs clearance from the relevant government agencies regulating such goods.
2. European Union
The basic customs law is harmonised across Europe. This includes customs duties and restrictions. Customs tax from 150 €. In addition, see regulations of each Member State.
From 22 €, VAT is payable. National restrictions.
Customs may be very strict, especially for shipped goods (from anywhere outside the EU). Up to 10€ goods/package there are no taxes (it is free). Taxes may be stiff. There may be an outgoing custom tax too.
Up to 22€ there are no taxes (it is free). From 22€ up to 150€, it is necessary to pay VAT (DPH in Slovak) which is 21%. From 150€ it is necessary to pay VAT and customs. Customs may be from 0 to 10%, the amount depending on the type of imported goods.
No customs for mailed goods below or equal to 300GEL (App US$160) including transportation. See currency exchange rate at National Bank of Georgia Web site.
3.North America
The United States imposes tariffs or "customs duties" on imports of goods.: 3% on average. The duty is levied at the time of import and is paid by the importer of record. Individuals arriving in the United States may be exempt from duty on a limited amount of purchases, and on goods temporarily imported (such as laptop computers) under the ATA Carnet system. Customs duties vary by country of origin and product, with duties ranging from zero to 81% of the value of the goods. Goods from many countries are exempt from duty under various trade agreements. Certain types of goods are exempt from duty regardless of source. Customs rules differ from other import restrictions. Failure to properly comply with customs rules can result in seizure of goods and civil and criminal penalties against involved parties. United States Customs and Border Protection (“CBP”) enforces customs rules. All goods entering the United States are subject to inspection by CBP prior to legal entry.
Customs and Excise Department (Hong Kong)
The Customs and Excise Department is a government agency responsible for the protection of the Hong Kong Special Administrative Region against smuggling; the protection and collection of Government revenue on dutiable goods; the detection and deterrence of drug trafficking and abuse of controlled drugs; the protection of intellectual property rights; the protection of consumer interests; and the protection and facilitation of legitimate trade and upholding Hong Kong’s trading integrity.
Originally, Hong Kong Customs was Import and Export Management Predecessor, was founded in 1909, initially it was responsible for the main revenue protection work. In 1949, Import and Export Management and Supplies Department, The Department of Trade and Industry Department merged into the Department of Trade and Industry. Trade and Industry Department in 1962 set up Revenue Service. In 1977, it was renamed The Hong Kong Customs and Excise Department. On 1 August 1982, The Hong Kong Customs and Excise Department became independent from Trade and Industry Department.
There is no tariff on goods entering Hong Kong, but excise duties are charged on four groups of commodities. These commodities are hydrocarbon oil, liquor, methyl alcohol and tobacco. These duties make no differentiation between imported commodities, or commodities manufactured locally for domestic consumption.
In 2003, the C&ED collected $6,484 million excise duty. Under the Dutiable Commodities Ordinance, the C&ED controls breweries, distilleries, tobacco factories, oil installations, ship and aircraft duty-free stores, and industrial and commercial establishments dealing with dutiable commodities; and supervises licensed, general bonded and public bonded warehouses.
Licences are issued to those who import, export, manufacture or store dutiable commodities. The C&ED also assesses the First Registration Tax of vehicles under the Motor Vehicle (First Registration Tax) Ordinance. The Anti-illicit Cigarette Investigation Division is specially tasked to detect syndicated smuggling, distribution and peddling of dutiable cigarettes. The Diesel Oil Enforcement Division focuses its efforts on detecting the smuggling and misuse of illicit fuels.
The C&ED prevents and detects smuggling activities under the Import and Export Ordinance and enforces the licensing controls on prohibited articles by inspecting cargoes imported and exported by air, sea and land; processing passengers and their baggage at entry /exit points; and searching aircraft, vessels and vehicles entering and leaving Hong Kong. The Joint Police/Customs Anti-Smuggling Task Force is dedicated to combating smuggling activities by sea. The Control Points Investigation Division is tasked to strengthen the intelligence collection capability at the land boundary and suppress the cross-boundary smuggling activities.
The Hong Kong International Airport is one of the busiest airports in the world with a daily arrival of about 257 scheduled flights, bringing into Hong Kong a daily average of 25 989 passengers and 2 838 tonnes of imported cargoes. In 2003, the throughput of air passengers was 19 million whereas the throughput of air cargoes was about 2.64 million tonnes.
Hong Kong is one of the busiest container ports in the world. It handled 20.4 million TEUs (20-foot equivalent units) in 2003. Of these, 12.1 million TEUs were handled at the Kwai Chung Container Terminal. In 2003, 70 910 ocean-going ships and 365 190 coastal vessels entered and left Hong Kong.
Ships and vessels are subject to customs check. Cargoes are either examined on board sea freighters or after off-loading.
In 2003, a total of 8.6 million passengers arrived in Hong Kong from the Mainland and Macau by sea and by helicopters. They were processed at the China Ferry Terminal in Tsim Sha Tsui and the Hong Kong-Macau Ferry Terminal in Central. In addition, a daily average of 49 helicopter flights between Hong Kong and Macau are operated at the Hong Kong-Macau Ferry Terminal. Four Customs launches conduct maritime patrol in the territorial waters round the clock whereas four high-speed pursuit crafts and two shallow water patrol launches are employed to carry out interception at sea.
On average, 156,339 passengers arrive from the Mainland by land daily and they are processed at Man Kam To, Sha Tau Kok, Lok Ma Chau and Lo Wu control points. Additionally, 2,991 passengers enter Hong Kong by through-trains and are processed at Hung Hom Railway Station. Goods imported by road are checked at Man Kam To, Sha Tau Kok and Lok Ma Chau. In 2003, over 20 million tonnes of cargoes were imported through the land boundary control points.
The C&ED and the Hong Kong Police Force (HKPF) are responsible for anti-drug law enforcement. Seizures of illicit drugs in 2003 included 52.87 kilograms of heroin, 562.15 kilograms of herbal cannabis, 24.46 kilograms of cannabis resin, 8.33 kilograms of cocaine, 41.1 kilograms and 1 272 tablets of methylamphetamine, 35.56 kilograms and 141 038 tablets of ecstasy-type tablets (MDMA, etc.), 51.3 kilograms and 238 tablets of ketamine, and substantial quantities of various narcotics, analgesics and tranquillisers.
A total of 8,652 persons were arrested for drug offences of whom 2,827 were arrested for major offences such as drug trafficking and manufacturing, and the remaining 5 825 were arrested for minor offences such as possession of illicit drugs.
Apart from intercepting smuggling of drugs at entry/exit control points, the department launches proactive investigations and surveillance operations on syndicated drug trafficking activities throughout Hong Kong. The department also flexibly deploys drug detector dogs and introduces advanced technologies, such as Mobile X-ray Vehicle Scanning Systems and Vehicle X-ray Inspection Systems, to assist anti-drug work.
In addition, the department closely monitors the trend of illicit drug use, in particular the growing popularity of psychotropic substances among the young and cross boundary drug crimes. The C&ED also investigates laundering of drug proceeds and initiates applications for freezing and confiscating assets derived from drug trafficking. Suspected drug-related assets worth $1.18 million were frozen, awaiting confiscation proceedings.
The department enforces a licensing system to control the import, export and dealing of 25 specific precursor chemicals which can be used for the manufacture of dangerous drugs. It exchanges intelligence and co-operates closely with the HKPF and various drug enforcement agencies on the Mainland and overseas in the fight against drug traffickers both locally and at international level.
The C&ED safeguards the certification and licensing systems which are of vital importance to Hong Kong’s trading integrity. The department deters and investigates offences of origin fraud, circumvention of textiles licensing and quota control. It also investigates offences of import and export of strateg commodities and other prohibited articles not under and in accordance with a licence.
The department carries out cargo examination at control points, factory inspections, factory audit checks and consignment checks. It is also the department’s enforcement strategy to administer a monetary reward scheme to encourage the supply of information on textile origin fraud.
The department is a member of the Hong Kong Compliance Office set up to assist the Central People's Government in implementing the Chemical Weapons Convention in Hong Kong. The department enforces licensing control on rice and consumer protection legislation relating to weights and measures, markings on fineness of precious metals, and safety of toys, children’s products and consumer goods. The department also verifies import and export declarations to ensure accurate trade statistics and assesses and collects declaration charges and the clothing industry training levy.
In 2002/03, the department collected $848 million in declaration charges and $19.9 million in clothing industry training levies.
The C&ED is an active member of the World Customs Organization (WCO) and Asia Pacific Economic Cooperation (APEC). It exchanges intelligence and works closely with overseas customs administrations and law enforcement agencies. The department has also entered bilateral Cooperative Arrangements with other customs authorities on administrative assistance. At the working level, the department and the Mainland customs have each established designated liaison officers to facilitate the exchange of intelligence through direct telephone hotlines.
In 2003, the C&ED seized a total of $1,244 million worth of goods. They included illicit drugs valued at $45 million; infringing goods worth $229 million; counterfeit goods worth $120 million; smuggled merchandises worth $541 million; dutiable commodities worth $284 million.
During the year, the C&ED prosecuted 7,184 persons and firms under various laws enforced by the department.
Fines amounted to $31.83 million and 4,351 custodial sentences, aggregated to 1,671 years and 11 months, were imposed on convicted persons. Among the prosecutions, 803 were cases relating to unlawful commercial malpractices such as violation of licensing controls of strategic commodities, supplying false information in applications for certificate of origin, textile licensing frauds and contravention of consumer protection legislation.
1.Commissioner (similar insignia to a UK General)
2.Deputy Commissioner (similar insignia to a UK Lieutenant-General)
3.Assistant Commissioner (similar insignia to a UK Major-General)
4.Chief Superintendent (similar insignia to a UK Colonel)
5.Senior Superintendent (similar insignia to a UK Lieutenant-Colonel)
6.Superintendent (similar insignia to a UK Major)
7.Assistant Superintendent (similar insignia to a UK Captain)
8.Senior Inspector (similar insignia to a UK Lieutenant with a bar beneath)
9.Inspector (similar insignia to a UK Lieutenant)
10.Probationary Inspector (similar insignia to a UK Second Lieutenant)
11.Chief Customs Officer (Wreathed fouled anchor)
12.Senior Customs Officer (Three chevrons)
13.Customs Officer (ID number)
While most members of the HK CED are not armed, enforcement officers are provided hand guns as side arms for protection on the field. Graduating members passing out parade with Colt AR-15 rifles.
U.S. Customs and Border Protection
U.S. Customs and Border Protection (CBP) is a federal law enforcement agency of the United States Department of Homeland Security charged with regulating and facilitating international trade, collecting import duties, and enforcing U.S. regulations, including trade, customs and immigration. CBP is the largest law enforcement agency in the United States. It has a workforce of more than 45,600 sworn federal agents and officers. It has its headquarters in Washington, D.C.
While its primary mission is preventing terrorists and terrorist weapons from entering the United States, CBP is also responsible for apprehending individuals attempting to enter the United States illegally, stemming the flow of illegal drugs and other contraband, protecting United States agricultural and economic interests from harmful pests and diseases, and protecting American businesses from intellectual property theft.
CBP has a workforce of over 58,000 employees, including officers and agents, agriculture specialists, aircraft pilots, trade specialists, mission support staff, and canine enforcement officers and agents.
1.More than 21,180 CBP Officers screen passengers and cargo at over 300 ports of entry.
2.Over 2,200 CBP Agriculture Specialists work to curtail the spread of harmful pests and plant and animal diseases that may harm America’s farms and food supply or cause bio- and agro-terrorism.
3.Over 21,370 Border Patrol Agents protect 1,900 miles (3,100 km) of border with Mexico and 5,000 miles (8,000 km) of border with Canada.
4.Nearly 1,050 Air and Marine Interdiction Agents prevent people, weapons, narcotics, and conveyances from illegal entry by air and water.
5.Nearly 2,500 employees in CBP revenue positions collect over $30 billion annually in entry duties and taxes through the enforcement of trade and tariff laws. These collections provide the second largest revenue for the U.S. Government. In addition, these employees fulfill the agency’s trade mission by appraising and classifying imported merchandise. These employees serve in positions such as import specialist, auditor, international trade specialist, and textile analyst.
6.The CBP Canine Enforcement Program conducts the largest number of working dogs of any U.S. federal law enforcement agency. K-9 teams are assigned to 73 commercial ports and 74 Border Patrol stations throughout the nation.
There are 327 officially designated ports of entry and an additional 14 pre-clearance locationsin Canada, Ireland and the Caribbean. CBP is also in charge of the Container Security Initiative, which identifies and inspects foreign cargo in its mother country before it is to be imported into the United States.
CBP has the authority to search outbound and inbound shipments, and uses targeting to carry out its mission in this area. Under Section 596 of the Tariff Act, CBP is required to seize and forfeit all merchandise that is stolen, smuggled, or clandestinely imported or introduced. CBP is also required to seize and forfeit controlled substances, certain contraband articles, and plastic explosives that do not contain a detection agent. In conjunction with the Department of State and the Bureau of the Census, CBP has put in place regulations that require submission of electronic export information on U.S. Munitions List and for technology for the Commerce Control List. CBP uses advance information from the Automated Targeting System and the Automated Export System to identify cargo that may pose a threat. CBP also works with the Departments of State and Defense to improve procedures on exported shipments of foreign military sales commodities.
Merchandise may also be seized and forfeited if:
1.It is importation is restricted or prohibited because of a law relating to health, safety or conservation;
2.The merchandise is lacking a federal license required for the importation;
3.The merchandise or packaging is in violation of copyright, trademark, trade name, or trade dress protections;
4.The merchandise is intentionally or repetitively marked in violation of country of origin marking requirements;
5.The imported merchandise is subject to quantitative restrictions requiring a visa or similar document from a foreign government, and the document presented with the entry is counterfeit.
Section 592 of the Tariff Act of 1930 is the basic and most widely used customs penalty provision for the importation of goods. It prescribes monetary penalties against any person who imports, attempts to import, or aids or procures the importation of merchandise by means of false or fraudulent documents, statements, omissions or practices, concerning any material fact. Penalties may be applied even in situations where there is no loss of revenue.
Section 592 infractions are divided into three categories of culpability, each giving rise to a different maximum penalty:
1.Fraud, an act or omission done intentionally to defraud the United States Department of Revenue. The maximum civil penalty for a violation is the domestic value of the merchandise in the entry or entries concerned.