Dosymbekova
M.S. Cand.Jur.Sci.,
the
associate professor of International law KazNU named by al-Farabi,
Toktybekov T.A. Cand.Jur.Sci
INTERNATIONAL
LEGAL STATUS AND VALUE OF WORLD CUSTOMS ORGANIZATION
Kazakhstan as the
country with market economy which headed for achievement of strong positions in
the international community seeks to increase the foreign trade potential. The
entry of Kazakhstan into the World Trade Organization on the conditions considering
interests of Kazakhstan is defined by
the President N. A. Nazarbayev by one of the main strategic interests of the
republic in foreign policy of the republic [1].
The World Trade
Organization which arose as GATT in October, 1947 by means of the debugged
legal mechanism resolves many foreign trade problems [2]. GATT - the General
agreement on tariffs and trade - the multilateral international agreement on
the basic principles, norms and rules of state regulation of mutual trade of
member countries, and also one of the largest international organizations
within whom there are negotiations, consultations, informal contacts on
development of the coordinated foreign trade policy; at the same time it is the
international legal agreement in the sphere of foreign trade and customs
affairs of various states. Within GATT the set of various agreements defining
norms of trade and economic relations is concluded, the extensive experience of
cooperation of the states in areas of customs affairs, customs policy and the
legislation is saved up [3].
Gradual
accession of many countries to the Agreement led to that it became actually
main world organization discussing problems of world trade and resolving
disputes of trade and political character between member countries of GATT.
Carrying out multilateral trade negotiations by participants of the Agreement,
so-called rounds was a basis of work of this organization till 1994. 8 such
rounds took place, many of them lasted some years. In the beginning on them
questions of adoption of mutual obligations for decrease in the customs duties,
and then and concerning measures of non-tariff regulation of international
trade (quoting, licensing and other administrative measures) were considered.
Creation of the World
Trade Organization (GATT/the WTO) was one of results of the Uruguayan round of
multilateral trade negotiations (1986-1994). GATT became a basis of the World
Trade Organization its major component in the field of trade in goods. The
World Trade Organization is the only legal basis of the world trade system.
On September 12, 1947,
thirteen governments agreed about establishment of Research Group on studying
of possibility of creation of the European Customs unions on the basis of the
principles of the General Agreement on Tariffs and Trade (GATT).
Next
year1948 Research group, having accepted the offer from the countries Benelux
countries on placement of the main representation in Brussels, created two Committees - Economic Committee
and Customs Committee. While further activity of Economic Committee was
suspended by the Organization for Economic Cooperation and Development, the
Customs Committee became the Customs Cooperation Council (CCC), the main
intergovernmental organization [4, page 121].
CCC was formed on
December 15, 1950 after signing of the Convention establishing him in Brussels.
Constituent Session took place in Brussels on January 26, 1953 and at it there
were representatives of Austria, Belgium, Denmark, France, Germany, Greece,
Ireland, Italy, Luxembourg, the Netherlands, Norway, Portugal, Spain, Sweden,
Switzerland, Turkey and Great Britain. After thirty years, in 1983, 26 of
January was proclaimed as the International customs afternoon,
celebrated by employees of customs of the whole world.
In 1994 CCC was renamed
into World Customs Organization. For all history of existence of the
organization by her members there were more than 170 customs services of the
world which control about 98% of international trade.
In World Customs
Organization the System of the Centralized Information (SCI) which represents a
computerized databank on customs crimes functions. These data are classified,
processed and dispatched to all customs services of member states. The close
connections supported by World Customs Organization with other international
organizations working in the sphere of legal coercion are also important. It
facilitates fight against money laundering, received for realization of
narcotic and other means.
The customs assessment
is the main line of modern systems of customs tariffs. It is important for an
assessment of the customs duties, or for definition of a revenue or as means
for are sewn up the internal industry; it is also one of elements of
international trade, as the mute, a quota, license agreements, taxes.
The existing
interrelation between WCO and the GATT/the WTO defines existence of the status
of the constant observer each other. Preparation of the Short management which
includes a series of the documents accepted for rendering assistance to Contracting
Parties in interpretation of the Code of an assessment of GATT became
considerable achievement of WCO in the
sphere of an assessment. Other activity
is preparation of the index of the resolutions by an assessment issued by the
countries, studying of violations of a
customs assessment and the edition of the Reference book on control of a
customs assessment. The number of participants of the Convention on an
assessment of goods for the customs purposes since 1953 changed from 18
participants in 1953 to the maximum quantity in 33 members in 1980. Now the
number of members decreased [5, page 76].
The leading role of
World Customs Organization consists in coordination of ensuring training in the
international customs affairs, and also
in mobilization of means of potential donors and philanthropists. The World
Customs Organization turned into the dynamic organization of world value.
In general, the World
Customs Organization works with the purpose of providing the highest level of
harmony and uniformity in all customs systems of the world, for the sake of
interests of international trade. In the world there are powerful integration
processes, free trade zones, Customs unions which play a very important role in
international trade and world economy in general are approved. It increases
value of WCO which development is used for improvement of customs services on
the basis of conventions of WCO. Within regional integration associations it is
easier to conduct negotiations and to find compromise solutions. A paramount
task is formation, acceptance and application of the main standard sources in
the sphere of economic activity of the states on the international scene,
considering character and specifics of their customs institutes.
The list of the used literature
1. The message of the
President of the Republic - Leader of the nation N. Nazarbayev to people of Kazakhstan, December 14,
2012 -
http://www.zakon.kz/83346-poslanie-prezidenta-respubliki.html
2. The general agreement
on tariffs and trade (GATT) October 30, 1947.
3. The List of
Multilateral Trade Agreements appendix No. 1, GATT-1994 making an integral
part.
4. Zenkin I. V. Pravo of
the World Trade Organization. WTO: mechanism of interaction of national
economies. Threats and opportunities in the conditions of an entry into the
international market. - M, 2008. - 390 page.
5. Alibekov M. A.
Customs right of the Republic Kazakhstan. - Almaty, 2013., 99 page.