yakdoli/chandra-27b-ocr-v1 huggingface dataset:
제18959호                                        관                 보                     2017. 3. 2.(목요일)
    (i) agreements or parts thereof with any country or countries relating to importation,
         exportation, or transit; and
    (j) procedures relating to the administration of tariff quotas.
1.2 Nothing in these provisions shall be construed as requiring the publication or provision of
    information other than in the language of the Member except as stated in paragraph 2.2.
2. Information Available Through Internet
2.1 Each Member shall make available, and update to the extent possible and as appropriate, the
    following through the internet:
    (a) a description1) of its procedures for importation, exportation, and transit, including
         procedures for appeal or review, that informs governments, traders, and other interested
         parties of the practical steps needed for importation, exportation, and transit;
    (b) the forms and documents required for importation into, exportation from, or transit
         through the territory of that Member;
    (c) contact information on its enquiry point(s).
2.2 Whenever practicable, the description referred to in subparagraph 2.1(a) shall also be made
    available in one of the official languages of the WTO.
2.3 Members are encouraged to make available further trade-related information through the
    internet, including relevant trade-related legislation and other items referred to in paragraph
    1.1.
3. Enquiry Points
3.1 Each Member shall, within its available resources, establish or maintain one or more enquiry
    points to answer reasonable enquiries of governments, traders, and other interested parties on
    matters covered by paragraph 1.1 and to provide the required forms and documents referred
    to in subparagraph 1.1(a).
3.2 Members of a customs union or involved in regional integration may establish or maintain
    common enquiry points at the regional level to satisfy the requirement of paragraph 3.1 for
    common procedures.
3.3 Members are encouraged not to require the payment of a fee for answering enquiries and
    providing required forms and documents. If any, Members shall limit the amount of their fees
    and charges to the approximate cost of services rendered.
3.4 The enquiry points shall answer enquiries and provide the forms and documents within a
    reasonable time period set by each Member, which may vary depending on the nature or
    complexity of the request.
4. Notification
Each Member shall notify the Committee on Trade Facilitation established under paragraph 1.1 of
1) Each Member has the discretion to state on its website the legal limitations of this description.
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제18959호                                관              보                  2017. 3. 2.(목요일)
Article 23 (referred to in this Agreement as the "Committee") of:
    (a) the official place(s) where the items in subparagraphs 1.1(a) to (j) have been published;
    (b) the Uniform Resource Locators of website(s) referred to in paragraph 2.1; and
    (c) the contact information of the enquiry points referred to in paragraph 3.1.
ARTICLE 2: OPPORTUNITY TO COMMENT, INFORMATION BEFORE ENTRY INTO FORCE,
                                      AND CONSULTATIONS
1. Opportunity to Comment and Information before Entry into Force
1.1 Each Member shall, to the extent practicable and in a manner consistent with its domestic
    law and legal system, provide opportunities and an appropriate time period to traders and
    other interested parties to comment on the proposed introduction or amendment of laws and
    regulations of general application related to the movement, release, and clearance of goods,
    including goods in transit.
1.2 Each Member shall, to the extent practicable and in a manner consistent with its domestic
    law and legal system, ensure that new or amended laws and regulations of general
    application related to the movement, release, and clearance of goods, including goods in
    transit, are published or information on them made otherwise publicly available, as early as
    possible before their entry into force, in order to enable traders and other interested parties to
    become acquainted with them.
1.3 Changes to duty rates or tariff rates, measures that have a relieving effect, measures the
    effectiveness of which would be undermined as a result of compliance with paragraphs 1.1 or
    1.2, measures applied in urgent circumstances, or minor changes to domestic law and legal
    system are each excluded from paragraphs 1.1 and 1.2.
2. Consultations
Each Member shall, as appropriate, provide for regular consultations between its border agencies
and traders or other stakeholders located within its territory.
                                 ARTICLE 3: ADVANCE RULINGS
1. Each Member shall issue an advance ruling in a reasonable, time-bound manner to the
applicant that has submitted a written request containing all necessary information. If a Member
declines to issue an advance ruling, it shall promptly notify the applicant in writing, setting out
the relevant facts and the basis for its decision.
2. A Member may decline to issue an advance ruling to the applicant where the question raised
in the application:
    (a) is already pending in the applicant's case before any governmental agency, appellate
         tribunal, or court; or
    (b) has already been decided by any appellate tribunal or court.
3. The advance ruling shall be valid for a reasonable period of time after its issuance unless the
law, facts, or circumstances supporting that ruling have changed.
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제18959호                               관              보                 2017. 3. 2.(목요일)
  ARTICLE 5: OTHER MEASURES TO ENHANCE IMPARTIALITY, NON-DISCRIMINATION
                                      AND TRANSPARENCY
1. Notifications for enhanced controls or inspections
Where a Member adopts or maintains a system of issuing notifications or guidance to its
concerned authorities for enhancing the level of controls or inspections at the border in respect of
foods, beverages, or feedstuffs covered under the notification or guidance for protecting human,
animal, or plant life or health within its territory, the following disciplines shall apply to the
manner of their issuance, termination, or suspension:
    (a) the Member may, as appropriate, issue the notification or guidance based on risk;
    (b) the Member may issue the notification or guidance so that it applies uniformly only to
        those points of entry where the sanitary and phytosanitary conditions on which the
        notification or guidance are based apply;
    (c) the Member shall promptly terminate or suspend the notification or guidance when
        circumstances giving rise to it no longer exist, or if changed circumstances can be
        addressed in a less trade-restrictive manner; and
    (d) when the Member decides to terminate or suspend the notification or guidance, it shall, as
        appropriate, promptly publish the announcement of its termination or suspension in a
        non-discriminatory and easily accessible manner, or inform the exporting Member or the
        importer.
2. Detention
A Member shall promptly inform the carrier or importer in case of detention of goods declared
for importation, for inspection by customs or any other competent authority.
3. Test Procedures
3.1 A Member may, upon request, grant an opportunity for a second test in case the first test
    result of a sample taken upon arrival of goods declared for importation shows an adverse
    finding.
3.2 A Member shall either publish, in a non-discriminatory and easily accessible manner, the
    name and address of any laboratory where the test can be carried out or provide this
    information to the importer when it is granted the opportunity provided under paragraph 3.1.
3.3 A Member shall consider the result of the second test, if any, conducted under paragraph 3.1,
    for the release and clearance of goods and, if appropriate, may accept the results of such test.
   ARTICLE 6: DISCIPLINES ON FEES AND CHARGES IMPOSED ON OR IN CONNECTION
                  WITH IMPORTATION AND EXPORTATION AND PENALTIES
1. General Disciplines on Fees and Charges Imposed on or in Connection with Importation and
Exportation
1.1 The provisions of paragraph 1 shall apply to all fees and charges other than import and
    export duties and other than taxes within the purview of Article III of GATT 1994 imposed
    by Members on or in connection with the importation or exportation of goods.
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제18959호                               관              보                 2017. 3. 2.(목요일)
1.2 Information on fees and charges shall be published in accordance with Article 1. This
    information shall include the fees and charges that will be applied, the reason for such fees
    and charges, the responsible authority and when and how payment is to be made.
1.3 An adequate time period shall be accorded between the publication of new or amended fees
    and charges and their entry into force, except in urgent circumstances. Such fees and charges
    shall not be applied until information on them has been published.
1.4 Each Member shall periodically review its fees and charges with a view to reducing their
    number and diversity, where practicable.
2. Specific disciplines on Fees and Charges for Customs Processing Imposed on or in Connection
with Importation and Exportation
Fees and charges for customs processing:
        (i) shall be limited in amount to the approximate cost of the services rendered on or
            in connection with the specific import or export operation in question; and
        (ii) are not required to be linked to a specific import or export operation provided they
            are levied for services that are closely connected to the customs processing of goods.
3 Penalty Disciplines
3.1 For the purpose of paragraph 3, the term "penalties" shall mean those imposed by a
    Member's customs administration for a breach of the Member's customs laws, regulations, or
    procedural requirements.
3.2 Each Member shall ensure that penalties for a breach of a customs law, regulation, or
    procedural requirement are imposed only on the person(s) responsible for the breach under its
    laws.
3.3 The penalty imposed shall depend on the facts and circumstances of the case and shall be
    commensurate with the degree and severity of the breach.
3.4 Each Member shall ensure that it maintains measures to avoid:
    (a) conflicts of interest in the assessment and collection of penalties and duties; and
    (b) creating an incentive for the assessment or collection of a penalty that is inconsistent
        with paragraph 3.3.
3.5 Each Member shall ensure that when a penalty is imposed for a breach of customs laws,
    regulations, or procedural requirements, an explanation in writing is provided to the person(s)
    upon whom the penalty is imposed specifying the nature of the breach and the applicable law,
    regulation or procedure under which the amount or range of penalty for the breach has been
    prescribed.
3.6 When a person voluntarily discloses to a Member's customs administration the circumstances
    of a breach of a customs law, regulation, or procedural requirement prior to the discovery of
    the breach by the customs administration, the Member is encouraged to, where appropriate,
    consider this fact as a potential mitigating factor when establishing a penalty for that person.
3.7 The provisions of this paragraph shall apply to the penalties on traffic in transit referred to
    in paragraph 3.1.
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제18959호                               관             보                  2017. 3. 2.(목요일)
                      ARTICLE 7: RELEASE AND CLEARANCE OF GOODS
1. Pre-arrival Processing
1.1 Each Member shall adopt or maintain procedures allowing for the submission of import
    documentation and other required information, including manifests, in order to begin
    processing prior to the arrival of goods with a view to expediting the release of goods upon
    arrival.
1.2 Each Member shall, as appropriate, provide for advance lodging of documents in electronic
    format for pre-arrival processing of such documents.
2. Electronic Payment
Each Member shall, to the extent practicable, adopt or maintain procedures allowing the option of
electronic payment for duties, taxes, fees, and charges collected by customs incurred upon
importation and exportation.
3. Separation of Release from Final Determination of Customs Duties, Taxes, Fees and Charges
3.1 Each Member shall adopt or maintain procedures allowing the release of goods prior to the
    final determination of customs duties, taxes, fees, and charges, if such a determination is not
    done prior to, or upon arrival, or as rapidly as possible after arrival and provided that all
    other regulatory requirements have been met.
3.2 As a condition for such release, a Member may require:
    (a) payment of customs duties, taxes, fees, and charges determined prior to or upon arrival of
        goods and a guarantee for any amount not yet determined in the form of a surety, a
        deposit, or another appropriate instrument provided for in its laws and regulations; or
    (b) a guarantee in the form of a surety, a deposit, or another appropriate instrument provided
        for in its laws and regulations.
3.3 Such guarantee shall not be greater than the amount the Member requires to ensure payment
    of customs duties, taxes, fees, and charges ultimately due for the goods covered by the
    guarantee.
3.4 In cases where an offence requiring imposition of monetary penalties or fines has been
    detected, a guarantee may be required for the penalties and fines that may be imposed.
3.5 The guarantee as set out in paragraphs 3.2 and 3.4 shall be discharged when it is no longer
    required.
3.6 Nothing in these provisions shall affect the right of a Member to examine, detain, seize or
    confiscate or deal with the goods in any manner not otherwise inconsistent with the
    Member's WTO rights and obligations.
4 Risk Management
4.1 Each Member shall, to the extent possible, adopt or maintain a risk management system for
    customs control.
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제18959호                                        관                 보                       2017. 3. 2.(목요일)
4.2 Each Member shall design and apply risk management in a manner as to avoid arbitrary or
    unjustifiable discrimination, or a disguised restriction on international trade.
4.3 Each Member shall concentrate customs control and, to the extent possible other relevant
    border controls, on high-risk consignments and expedite the release of low-risk consignments.
    A Member also may select, on a random basis, consignments for such controls as part of its
    risk management.
4.4 Each Member shall base risk management on an assessment of risk through appropriate
    selectivity criteria. Such selectivity criteria may include, inter alia, the Harmonized System
    code, nature and description of the goods, country of origin, country from which the goods
    were shipped, value of the goods, compliance record of traders, and type of means of
    transport.
5 Post-clearance Audit
5.1 With a view to expediting the release of goods, each Member shall adopt or maintain
    post-clearance audit to ensure compliance with customs and other related laws and
    regulations.
5.2 Each Member shall select a person or a consignment for post-clearance audit in a risk-based
    manner, which may include appropriate selectivity criteria. Each Member shall conduct
    post-clearance audits in a transparent manner. Where the person is involved in the audit
    process and conclusive results have been achieved the Member shall, without delay, notify the
    person whose record is audited of the results, the person's rights and obligations, and the
    reasons for the results.
5.3 The information obtained in post-clearance audit may be used in further administrative or
    judicial proceedings.
5.4 Members shall, wherever practicable, use the result of post-clearance audit in applying risk
    management.
6 Establishment and Publication of Average Release Times
6.1 Members are encouraged to measure and publish their average release time of goods
    periodically and in a consistent manner, using tools such as, inter alia, the Time Release
    Study of the World Customs Organization (referred to in this Agreement as the “WCO”).6)
6.2 Members are encouraged to share with the Committee their experiences in measuring average
    release times, including methodologies used, bottlenecks identified, and any resulting effects on
    efficiency.
7. Trade Facilitation Measures for Authorized Operators
7.1 Each Member shall provide additional trade facilitation measures related to import, export, or
    transit formalities and procedures, pursuant to paragraph 7.3, to operators who meet specified
6) Each Member may determine the scope and methodology of such average release time measurement in accordance with its needs
and capacity.
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제18959호                                             관                  보                        2017. 3. 2.(목요일)
    criteria, hereinafter called authorized operators. Alternatively, a Member may offer such trade
    facilitation measures through customs procedures generally available to all operators and is
    not required to establish a separate scheme.
7.2 The specified criteria to qualify as an authorized operator shall be related to compliance, or
    the risk of non-compliance, with requirements specified in a Member's laws, regulations or
    procedures.
    (a) Such criteria, which shall be published, may include:
         (i) an appropriate record of compliance with customs and other related laws and
              regulations;
         (ii) a system of managing records to allow for necessary internal controls;
         (iii) financial solvency, including, where appropriate, provision of a sufficient security
              or guarantee; and
         (iv) supply chain security.
    (b) Such criteria shall not:
         (i) be designed or applied so as to afford or create arbitrary or unjustifiable
              discrimination between operators where the same conditions prevail; and
         (ii) to the extent possible, restrict the participation of small and medium-sized
              enterprises.
7.3 The trade facilitation measures provided pursuant to paragraph 7.1 shall include at least three
    of the following measures:7)
    (a) low documentary and data requirements, as appropriate;
    (b) low rate of physical inspections and examinations, as appropriate;
    © rapid release time, as appropriate;
    (d) deferred payment of duties, taxes, fees, and charges;
    (e) use of comprehensive guarantees or reduced guarantees;
    (f) a single customs declaration for all imports or exports in a given period; and
    (g) clearance of goods at the premises of the authorized operator or another place authorized
         by customs.
7.4 Members are encouraged to develop authorized operator schemes on the basis of international
    standards, where such standards exist, except when such standards would be an inappropriate
    or ineffective means for the fulfilment of the legitimate objectives pursued.
7.5 In order to enhance the trade facilitation measures provided to operators, Members shall
    afford to other Members the possibility of negotiating mutual recognition of authorized
    operator schemes.
7) A measure listed in subparagraphs 7.3 (a) to (g) will be deemed to be provided to authorized operators if it is generally available
to all operators.
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제18959호                                           관                  보                       2017. 3. 2.(목요일)
7.6 Members shall exchange relevant information within the Committee about authorized operator
    schemes in force.
8. Expedited Shipments
8.1 Each Member shall adopt or maintain procedures allowing for the expedited release of at least
    those goods entered through air cargo facilities to persons who apply for such treatment,
    while maintaining customs control.8) If a Member employs criteria9) limiting who may apply,
    the Member may, in published criteria, require that the applicant shall, as conditions for
    qualifying for the application of the treatment described in paragraph 8.2 to its expedited
    shipments:
    (a) provide adequate infrastructure and payment of customs expenses related to processing of
        expedited shipments in cases where the applicant fulfils the Member's requirements for
        such processing to be performed at a dedicated facility;
    (b) submit in advance of the arrival of an expedited shipment the information necessary for
        the release;
    (c) be assessed fees limited in amount to the approximate cost of services rendered in
        providing the treatment described in paragraph 8.2;
    (d) maintain a high degree of control over expedited shipments through the use of internal
        security, logistics, and tracking technology from pick-up to delivery;
    (e) provide expedited shipment from pick-up to delivery;
    (f) assume liability for payment of all customs duties, taxes, fees, and charges to the
        customs authority for the goods;
    (g) have a good record of compliance with customs and other related laws and regulations;
    (h) comply with other conditions directly related to the effective enforcement of the Member's
        laws, regulations, and procedural requirements, that specifically relate to providing the
        treatment described in paragraph 8.2.
8.2 Subject to paragraphs 8.1 and 8.3, Members shall:
    (a) minimize the documentation required for the release of expedited shipments in accordance
        with paragraph 1 of Article 10 and, to the extent possible, provide for release based on a
        single submission of information on certain shipments;
    (b) provide for expedited shipments to be released under normal circumstances as rapidly as
        possible after arrival, provided the information required for release has been submitted;
    (c) endeavour to apply the treatment in subparagraphs (a) and (b) to shipments of any
        weight or value recognizing that a Member is permitted to require additional entry
        procedures, including declarations and supporting documentation and payment of duties
8) In cases where a Member has an existing procedure that provides the treatment in paragraph 8.2, this provision does not require
that Member to introduce separate expedited release procedures.
9) Such application criteria, if any, shall be in addition to the Member's requirements for operating with respect to all goods or
shipments entered through air cargo facilities.
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