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LOS COURIERS EN EL AFC


THE EXPEDITED SHIPMENTS REGIME IN TRADE FACILITATION AGREEMENT we will continue now with another hot topic
important says Regime Shipping Urgent in the Facilitation Agreement
Trade and nothing more and nothing less that with Dr. Hector Juarez
who already visited us on 17 May which he talked about some reforms
He also touched on the Territory Customs
Dr. Hector Juarez is advocated National University of Cordoba,
Specializing in teaching Higher education also by the
Catholic University of Cuyo, He is a professor at the National University
Cordoba, Blas Pascal University, National University of Villa María,
professor and committee member academic specialization
Customs University law Nacional de La Plata, lawyer
Legal Division of the Region Customs Central, Committee member
Technical Issue 2 (CT2) technical sub-committee MERCOSUR customs legislation, and
of course we have already heard member of the drafting group
MERCOSUR Customs Code (GAHCAM) representative of Argentina. Dr. Hector Juarez, as always a pleasure to hear. Thank you very much, good afternoon, thanks
Special to the Doctora Vizcaino for the invitation, thank you all for the
patience to stay until this hour, here, to listen. I’ll try it
entertaining presentation I know I will not reach the level of Carlos, but I’ll try to do everything possible. The issue before me
to speak at this time is Expedited Shipments in the Trade Facilitation Agreement (WTO) here I show you how to do an outline of the presentation and topics I will address in it. First I will talk about the industry sector Couriers, especially properties
relevant of this activity, historical background,
characteristics of the sector. After I will make mention of
Agreement on Trade Facilitation This will shorten enough because the
Dr. Bartomioli already advanced enough about,
I will talk about the structure, acceptance, the reservations are made, implementation and status membership in the world and finally I
see in particular Article 7.8 of Agreement, which is specifically regulates
Courier regime let’s see because it appeared there, why
It is on the Trade Facilitation Agreement This special regime ?, represents a special interest ?, was presented by an underdeveloped country ?,
an developing country ?, or some hegemonic country ?. I will try to give answers
that. The designer working with Carlitos is who works with me, it happens that I ask children’s drawings and he asks pretty women in your slides (lol). Well, this is the graphic representation of the entire system process Courier. You Know that all that is parcels and packages there are two systems
prevailing: the postal system and Courier system. The postal system
It is managed by entities that are enabled in each of the countries,
here in Argentina, it is the Correo Argentino, CORASA is the technical name: Correo Oficial de la República Argentina SA on them no regulatory gaps, no
there are gaps, because they have a lot of history in performance,
Imagine you that the Universal Postal Union dates back to 1874, We have regulated the whole regime of shipments postcards, already received from the Ordenanzas Customs, we have our customs law, we have our Customs Code, a special section, chapter forgiveness within the section which is the regime of postal items, ie in relation to this aspect the countries of the world have drawbacks, Above all, there are many agreements
international governing them, there are up standardized forms that
appearance what did appear a drawback is with
Regime Courier, because it is something new, something that is having a disruptive occurrence, ie
suddenly they are great players and here I’ll try to explain why ?,
but basically what this scheme is to show them is how they are inserted into
e-commerce scheme, ie great advantage is the Courier
to: receive the package selling exporter (namely e-bay, Amazon, or whatever) and delivers it to buyer, there are no middlemen, he is receiving, he’s delivering, that’s the big advantage competitive they have
in relation to the post. In the mail, there is a mail receiving country
mail parcel and there is another country delivering the parcel, between
which has to coordinate, there delays, and so on. The others are private companies They receive, deliver and do so with term
They can determine the. Which are the central characteristics that had
into account when proposing this regulations within the Trade Facilitation Agreement: First, it has a high degree of
control over the traceability of the charge, Package, they are
responsible, they weigh, they receive the bill, if they want, they ask who is delivering them to open, they scanned in the country of origin, finally, they control, and then They take over all the way to deliver it. Second, monitoring, have a track system with which they follow him and allow offer additional service is to point 3
sender and receiver entrusts tells you: where, when
place is, and that you will know the receiver that the deadline they will convene to receive it, or they will deliver at home, because these are door to door shipments. Who are the big players ?:
DHL, Federal Express and UPS, more than 90% of the world’s parcel
they handle them three are not the only ones, put the Argentine example, other
16 companies listed as Couriers but they repeat, it remains the same
percentage, the bulk of the operative they handle the first three, indeed, TNT, which recently Carlos I commented that I thought it was a television channel, TNT was purchased by FEDEX two years ago, that is, this is a residual which is
they leaving because they are in the process of integration was a large Dutch TNT. First I wanted to buy UPS and
European Economic Community opposed the European Union, forgiveness, opposed that
acquisition and rejected the option purchase, although it was a company that was having problems and difficulties especially since he had been “hacked” operating systems. Notice you. To what extent the vulnerability of systems makes a multinational and powerful as this company comes under. I first wanted to buy UPS, no he authorized the European Union because
He said he was going to produce more concentration existed but if
the authorized FEDEX Federal Express, a company
minor and did not so much participation in the European market. So today are three major players not four as it was until a few years ago. A little history: these companies
They were born by delivering private correspondence in the United States, three are American, although DHL is now resident in Germany belong to official mail, but was created in San Francisco. UPS and FEDEX
They started with letters maps, parcel delivery
first girl in a given State then they expanded to other States
but it was all cabotage all internal Notice the date you start your
activity blow is the year 1907, FEDEX 1971, however, DHL, that already
born international, the three founders, DHL is
an acronym with the initials of the three founding partners who are there written, the three founders saw a need in the foreign trade operative since
many containers arrive in port without bring documentation with you
Notice the date (1969) and to document had to wait
they reach the documentation usually it came with the same agency
sea ​​that had brought the boxes thereby weeks were lost
waiting in ports. What was the genius of them: Let a company that is responsible for fetching documents and bring in less than 24 hours And so they started, and so we will. I show you now how important (also linked to what I commented recently
Carlos) airway and quantity of kilos, the annual pesos pesos
all that is foreign trade world
Aviation represents loads, only 0.5 percent,
bulk goods are handled by ships, sea or land is.
Instead the value is 34% that is, to say the merchandise is valuable is the one that moves by air then you could have put a ton
the issue is not weight but on the value of the merchandise. How is he
Growth in this sector ?. I show them in this graph with the amount of million
packages per year Notice the arrow, need to be vertical, but almost that comes very close, exponential growth,
the growth rate of trade global electronic exceeds 15% in
some countries reaches 30 to 35 a year to year. This graph is representing the over 500 million packages per year. Which countries
more traffic parcel have? Obviously: China, blue is outputs, ie they export more than they import, obviously, and what money we are
talking and about 22 thousand according trillion
estimation, there is no accurate data and established methodology for
I quantify but well within the estimates
that are made this is one of the most serious because it is done by UNCTAD, an official UN body. Once this introduction relative the sector which we are talking,
We go now to the WTO and because incorporated into the WTO this special regime, and under that umbrella was achieved incorporate this. As you know, the Trade Facilitation Agreement. … I will avoid historical whole question, which already
Doctor said Bartomioli Singapore, Doha, and others. Yes keep in mind that in
2004, a group began Negotiations aimed at making
Exploratory analyzes to develop proposals regarding these three
GATT articles of the year 47, the Article 5 which talks about free trade, 8 speaking of formalities import and customs
export and 10 which speaks of transparency and publication. As you know, the objectives of
Trade Facilitation Agreement are simplification, automation,
reduction procedures, lessen the requirements and formalities, expediting the movement of goods, etc. etc.. It has a structure with three sections. We will not focus on the first section where are the twelve
articles, let us focus on Article 7 Before advancing it, I’ll make a small parenthesis and no I will quote, but I will quote the WCO, and here I will support something he said Today Dr. Basaldúa in his statement:
This facilitation agreement Trade has been successful no thanks (by percent percent) to the negotiating powers of those involved in this group of WTO negotiations,
but it has been thanks to all the previous work he had done the
World Customs Organization, ie, this chart shows them what is what is the involvement with the customs matters in the AFC, you will see that some have a cross, two crosses, and three other crossings. Which has a cross it is when all entities involved border
among which is Aduana, when you have two crosses is it covers the office of prime way and no other entity Moreover, in addition to the Customs, and when you have three crosses it is because it intervenes Customs EXCLUSIVELY. If you see this chart together with this I put it then you will see that almost no items where there has interference customs activity. All, all facilitation standards have Customs content,
Therefore, the participation of the customs service It is essential and in most of them,
normo what is what and previously it had developed in the
framework of the World Customs Organization and it was already public, either as a Convention, the Kyoto Convention, have taken many ideas of the Kyoto Convention, or whether, as a guideline, as a resolution, or a recommendation. One of the four
legal instruments that have the OMA to be issued
surely served basis (emphasis). Today They talked a lot of window unique and WCO ago
years has been working on the Single Window has a a guide on the Single Window has an explanatory guide on how advancing the single window. They can be
mention more than 10: trader It authorized, is an institute set up by the World Customs Organization, traceability loads, and so on. That is to say,
WCO is the specialized organ customs came working
silently, what happens is that WCO has this feature, it is what
law called “soft law”, ie a many still right but not
It has coercive power. Coercive power is held by the WTO, which has political power and
dispute settlement system. If you do not comply with it, I “punishment” and as you punishment lock you financially, I ask you resarzas me,
what you ask as economically ie has “sanctions”, he has “whip”. WCO instead proposes, recommends the Most customs of the world continue
these recommendations, but so silent, no complaints, for example:
Kyoto Convention, never a country He denounced another country that had acceded
Kyoto and is not meeting such article, there is no precedent,
is soft law, is a silent law that He is incorporating. There is a Mexican author, Dr. Rohde Ponce, who speaks of KYOTIZACIÓN of customs rules, ie, all the laws are Kyoto incorporated, but do not say
expressly. Having made this clarification, close parenthesis
and I show them how is the Agreement trade facilitation today, and
It is the best proof of what they I mentioned recently. Never an agreement
WTO was approved, is the first to be approve the WTO created, and look at the speed that has been approved. 110 countries were needed
ratify and they go 122 ie 74.4
percent of world countries members of the WTO They have joined the AFC, and
why so many???? Because they have already incorporated in their national legislation. Argentina joined in category “A” They know how many exceptions put it: Only five. And all the rest was built. Look at this table percentages
they do in the world in the Category “A”: 94% of countries joined, why ?, why I commented recently: already have
Incorporated. Many have put category “B”, ie, have called for a deadline
reasonable to carry out certain Implementations: 5.4 percent.
Which in category “C”, ie, that they require technical assistance but they can not perform. Nobody, nobody of those who have ratified to date.
which they have submitted a letter to the Here is the situation of the accession of Argentina: if you see, although we adhere to category “A” with these exceptions.
Notice the exceptions of “B”: when the Chancellery Argentina informed the WTO exceptions, the “B” which could
have taken a longer time it says not to be effective against between will
be implemented when entering effect this agreement
facilitation and only three cases establishes a later term are
early termination of origin, you know which it is a complex and contentious issue the
subject of acceptances copy, ie, not ask, do not require the original and
accept the filing of copies to an office and the issue of
one-stop shop where he ordered five years after its entry into force
when you are going to produce its entry into force? when this instrument
ratification. If you saw that map I put new the world map, few
countries that are lagging pending ratification, we are one of them, we have done all Duties: approved and signed by
Executive notified by the executive and approved by Congress. Now we just need to go (to Geneva) and present the Instrument of Ratification. Why do not you do? unaware that in principle all
these points They are implemented in the country and others and It has longer terms. Maybe they’re waiting for some
political opportunity to do so, perhaps near the WTO Ministerial Conference in December, perhaps other reasons are not the operative question. As you know, when facilitation agreement
trade between into force, so says Article 75, paragraph 22 of the
Constitution will have greater strength laws accordingly as shown in the legal pyramid, will be above the Customs Code and its institutions. Now let the specific measures:
Who presented the proposal to create a Couriers special regime for ?. U.S. Because the US? that the three companies are American, because
employees (each company has over 500,000 employees) are Americans because income is in North America, because publicly traded North America, and so on. They presented in 2005
the first proposal. That is to say, in 2005 warned that they would
submit a proposal (that have to take your hat for their negotiating powers), in 2005
They warned that they would submit a proposal. Nobody said nothing
in 2006 they presented the proposal and nobody said anything or some revisions and the
2007 presented the final proposal which is today came out today is
valid If you see Article 7.8 of the AFC and compare it to all free trade agreements signed by the United States Mexico, Costa Rica, and Peru, with
Chile, and so on, you will see that in all there is a Chapter facilitation of trade and
in that chapter is the same rule a verbatim copy of what is in the AFC level Overall with what Americans
They sign each time they make a Treaty Free trade, bilateral or multilateral. Let the norm itself: What was the breakthrough achieved
United States in this ?, and here they I want to give the prospect that was a lot of fight in this. They may be for or against. They are analysis and positions. The great enemy of the private sector were the Official Mail Couriers. They have always had a advantage given by the legislation, first given by history second because in many countries
email is official, or official concession, and protect, third they have or have achieved a number
of advantages over time for example, they are not responsible
by presenting customs declarations, instead we listened to in the newly Courier regime, they have the
statement and are responsible for the -the official statement presented Mail, non. This fight, historical, is what is making companies Couriers move, to lobby and try to get or level the playing field to compete. The first article I think is the most
important because it is who says This is mandatory, this is a mandate. Says: One country that does not have a scheme and Courier established, it shall establish. ORDER. And, if it has it must maintain. All the standard (s extensive), the first is that It establishes a direct command, and then
clarifies them when established the States may arrangements and here are a set of guidelines that gives States to require companies to courier to run, which They are guidelines that conform to the operational
courier. First guideline: that
It has infrastructure. Remember that these companies that I speak to are multinationals fleet of aircraft, truck fleets, ships, that is, the first requirement is to have infrastructure and assets for them is no problem, perhaps for those who chiquitas I told them to Argentina if it is problem, and indeed, when Carlos recently told them of Simple export, if you look, there are 4 nothing enabled, and are the four large and TNT which it is still as residual
the others do not and why and national non They can compete? It seems to lack
capital. 8.1.b) that present before the arrival of an expedited shipping
information necessary for the release that they are doing business today
Courier. If you receive a package of China today automatically electronically
he goes to the person of Argentina a message saying: you will receive a package bound Argentina, Santa Fe … and allows the risk analysis
from the time of receipt of the package. 8.1.d) exercising a high degree of control they do today. Who has bought into the outside by the electronic route you know that the system is saying the way now in Singapore or just arrive at that side, that is, will they indicating places where
They are providing the service express delivery from receipt
to delivery. Assume the responsibility for payment (this is another big difference: Correo Argentino pays nothing) the Courier pays, it becomes
responsible for payment of taxes, rates and services, and the last,
much discussed in this yes there were many brackets because it is an issue that
dispute the international level: it is the possibility of franchising “de minimis” in this there are two doctrinaire positions: You know that we have a franchise in the mail very low $ 25, but there are countries that They have higher deductibles, 1300
dollars, 850 dollars, there is a part of the doctrine that says
successful franchise that is necessary because this way speeding up and not
in real time with miss low values ​​and there is another considerable part
the doctrine that says, no, that’s a crack, one ventanita why will enter
insurance invoicing. It’s two o’clock Found positions, positions
discuss both the WTO and the WCO, no position taken about why it is that the wording of the article is “They will do their utmost to establish
a franchise companies Courier to equalize with the regime of postal items. I leave you with a phrase WCO: “Borders divide, Customs connects”. Thank you very much.

Norman Bunn

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