Article 5.2: Detention
What is covered?
The Measure requests WTO Members to quickly inform and notify the importer or carrier when customs or other border agencies, such as the sanitary and veterinary authority, are detaining imported goods for inspection or further investigation.
The term “promptly” must be defined on a case-by-case basis but the aim of this provision is to ensure that no unnecessary delay must occur between the detention of goods and the notification of detention to the importer or carrier.
What is not covered?
This Measure sets no obligation to inform the competent authorities of the exporting countries in case a detention of goods is taking place. Moreover, the Measure does not state the modalities through which the information has to be provided to the importer or the carrier, although it is expected that the most appropriate means of communication are those which allow a quick transmission of information to the affected person.
The Measure does not bring any obligation related to detention of goods declared for export, leaving unregulated any discipline on detention in export-related transactions.
Pages that cite the Notes: