Kiml M.T. the undergraduate 1 courses of
departments of international law,
the research supervisor Dosymbekova M. S. Cand.Jur.Sci.,
the associate professor of International law KazNU
named by al-Farabi
Some issues of
interstate cooperation within the World Customs Organization on the
establishment of the order of movement of goods across the customs border
Convention composed of the Customs Cooperation Council, now the World
Customs Organisation, entered into force in 1952. The preamble to the
Convention on the establishment of the Customs Cooperation Council focuses on
issues of customs process, in addition, Article 3 of the Convention stated that
the Council should consider these issues comprehensively. To perform these
tasks, the technical representatives of Member States of the Organization of
the technical committee has been established with the Council. Since its
inception, the Committee is developing a systematization of the various
international instruments, conducting comparative legal analysis of customs
standards within the major customs processes. For example, import, export,
temporary import issues - transit.
Together with the above-mentioned Convention was adopted two other
documents: Convention 1959 on the classification and nomenclature of the
customs tariff of the goods; Convention 1953 on the assessment of goods for
customs purposes. With the creation of the Council, Member States shall provide
for not only the full implementation of these two agreements, as well as
ensuring a high level of cooperation among States in the organization of
customs regimes, the proper implementation of the technical aspects of the
system in accordance with the customs legislation.
World Customs Organization regulates actions offices 174 customs
authorities of the Member States on the following matters:
a) The harmonized commodity description and coding system;
b) Harmonization of prices systems products in accordance
with Article VII of the General Assembly Agreement on Tariffs and Trade
(valuation goods);
c) Preparation of a unified series of determining the origin
of goods (origin goods);
g) The harmonization and unification of customs processes and
compliance with customs legislation and examines the responsibility for failure
to comply with customs processes.
Countries members of the World Customs Organization have recognized the
fact that the simplification of customs processes are regulated by
international legal instruments, which are used not only in the full version of
the two agreements, as well as to ensure a high level of mutual harmonization
of customs-member countries regimes according to customs legislation .
Thus, within the World Customs Organization's main lever to simplify
customs processes are conditional rules that contain international customs conventions
and international legal norms approved by the states.
In accordance with the technical level of development, it is of particular
importance for the implementation of the organization's activities promote
temporary simplification of processes.
Strategic Plan of the World Customs Organisation has been fixed as the
simplification of the development, expansion and trade support. Firstly, on the
conclusion of a convention carnet discusses the changes and additions according
to the objectives of security and trade, technological advances and the
Istanbul Convention. Secondly, the planned meeting of the administrative
committee for the convention. Proper and qualitative performance of activities
of the World Customs Organization is done by the implementation of technical
and training programs, as well as through the support of the international
community and private sector organizations.
As the standard calls in accordance with the provisions of the World
Customs Organization, Customs growing volume of international trade requires
the active cooperation and close interaction between the outer I must say, the
relationship.
Customs activity is an integral part of international trade, so the customs
administrations require intensive development of foreign trade activities with
the use of modern methods in their activities. International non-governmental
organization economic character play a special role in the development of
international customs law. International non-governmental organizations of an
economic nature are not the primary provider of international economic
relations, and serve as one of the control arms of international economic
relations.
Due to the partial participation, directly or indirectly, with
intergovernmental organizations is to create norms of international economic
law.
Thus, now recognized more than 160 member countries of the World Customs
Organization, among them the Republic of Kazakhstan.
Our country has become known as a member of the Convention June 30, 1992.
According to the Statutory Documents, World Customs Organization has the
following 4 main objectives:
1) development of international cooperation in customs matters;
2) ensuring a high level of harmonization and unification of customs
systems;
3) development of customs technologies according to the customs
legislation;
4) strengthening the fight against international crime by means of customs
instruments.
To achieve these goals the World Customs Organization is studying all the
questions in relation to the customs of the Commonwealth countries, the
national customs legislation of individual countries as well as developing the
samples of customs and tariff documents and drafts of the convention.
In addition, the World Customs Organization is working with other
international organizations. The body of the World Customs Organization's
management are the Council, Political Committee, the Finance Committee and
secretaryship. Council - the highest plenary body which determines the main
directions of the World Customs Organization and the other component controls.
The main form is a session of the Council designating the regional and global
community, conducted every year in the space of Customs. The latter is carried
out by splitting into several groups regional policies of member countries:
Europe, America, Africa and the Middle East and Asia Pacific. Each group
chooses a country guide, at the next session of its Representative Council is
the deputy chairman. Country Coordinator of each region is automatically the
vice-president of the World Customs Organization.
Political Commission and the Finance Committee are organizing authorities,
they are, respectively, solve the political and financial problems of the
customs community. The political composition of the Commission consists of representatives
of 22 countries, and the Finance Committee - representatives from 17 countries.
The executive functions of the World Customs Organization performs
secretaryship, it organizes the fulfillment of the Council's decision.
Secretaryship controls Chief Secretary, he was elected for 5 years. The
headquarters is located in Brussels secretaryship. Very efficient and
profitable direction of the World Customs Organization are related to the
customs community of questions prepared and adopted by the international
treaties, however, the direction of control of their implementation. Today, the
leadership of the organization was adopted more than 20 conventions and several
dozen acts as a sentence. Among them, the Kyoto Convention on the
Simplification and Harmonization of Customs Procedures, 1973 (in the 1999
edition), International Convention on the Harmonized System of Commodity
Description and Coding 1983, the Istanbul Convention on the Temporary
Importation of 1990 and others.
International cooperation within the World Customs Organization aimed at
regulating international trade and within the legal system and domestic legal
relations, creating favorable conditions through the simplification of customs
processes between Member States. Participation by States in the activities of
international governmental organizations, directed the customs commonwealth,
helping to carry out economic sovereignty.
Summing up, it should be noted that in the industry of the customs
community has importance and significance, besides the significance and
importance of the World Customs Organization serves as the institutional
significance of this community.
Literature:
1. Konvencija o
sozdanii Soveta tamozhennogo sotrudnichestva. Brjussel', 15 dekabrja 1950 goda
/ http://www.conventions.ru/view_base.php?id=849
2. Tamozhennoe
pravo: Uchebnoe posobie / B.N. Bezlepkin, O.N. Vojtenkova, E.A. Dostanko /
Pod.red. V.G. Draganova, M.M. Rassolova. - M.: JuNITI-DANA, 2010. – 210 s.
3. The importance of
Trade Facilitation to Business, Maria Cattaui, Secretary-General, ICC/«TRADE
FACILITATION The Challenges for growth and Development»/ Economic Commission
for Europe, United Nations, New York, 2011 /
unctad.org/en/docs/iteiia20053_light_en.pdf