Article 9: Movement of Goods Intended for Import under Customs Control
What is covered?
This Measure requires Members to allow imported goods under customs control to be transported from the entry point to another customs office located within its territory, where the goods will be ultimately cleared. Transporting goods under customs control means that the goods are in the safe custody of customs staff, with appropriate controls, including the customs seal and security, and they are not handed over to the businesses before they reach the dry port.
The use of the verb “shall” suggests that, as a matter of principle, the implementation of this provision is mandatory for Members. However, the addition of the qualifying language “to the extent practicable” and “provided all regulatory requirements are met” gives Members some room for flexibility and discretion when approaching the implementation of this Article. In other words, Members are not required to achieve the implementation of the Measure per se – the outcome – but are only required to undertake certain practical steps towards implementation. Ultimately, Members can allow the transport of goods to another inland customs office only if all regulatory requirements have been met.
What is not covered?
The TFA remains silent on whether additional fees and charges could be imposed on this type of operations of movements of goods under customs control. Moreover, the Measure does not cover any provision regarding facilities to transship cargoes.
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