Enhancing Public Availability of Customs Information
In the Islamic Countries
92
Against this background of considerable administrative energy, but difficulties in terms of
coordination, stakeholders expressed the need for developing a strong institutional and
administrative mechanism to increase the effectiveness and reliability of information. One
suggestion was that the National Trade Facilitation Committee could be empowered with
relevant legal and secretarial resources to act as the coordinating body in Bangladesh
synchronizing all trade related information dissemination efforts by various border agencies.
Consultative Process
There is no legal provision or formal policy that requires Customs authorities to engage in a
mandatory regular consultative process with stakeholders. However, stakeholders have
indicated that over recent years, NBR and Bangladesh Customs have undertaken consultations
with major stakeholders prior to enacting major changes in Customs rules and regulations.
Regular major changes in customs rules, especially changes in various tariff rates, are mainly
implemented through the annual Finance Bill. NBR and Bangladesh Customs organize
consultative meetings with the leading Business Chambers, sectoral Associations, and other
stakeholders before finalizing the proposed changes prior to placing the Bill before Parliament
for approval. Nonetheless, often certain changes in Customs rules and regulations (e.g. changes
in statutory duty (SD) or regulatory duty (RD) rates) are implemented through Statutory
Regulatory Orders (SROs) without any prior consultation or notification. Hence, the stakeholder
consultation process still remains somewhat ad-hoc and issue driven, both in terms of substance
and process, as well as choice of stakeholders to be involved.
However, NBR referred to the newly formed Investment Promotion Team, which incorporates
major government and private sector stakeholders. The objective of this team is to develop an
investment friendly tariff policy for Bangladesh in consultation with key stakeholders. NBR also
suggested that the new draft Customs Bill (waiting to be placed before the National Parliament
for enactment) has a specific provision on consultation.
Prior Notification of Changes in Procedures or Release of New Regulations
Presently, the Government is not legally obligated to provide prior notification of changes in
procedures or release of new regulations. In practice, the NBR and other border authorities
request stakeholder comment on major legislative initiatives (for example, the Customs Act, the
Budget, and import policy), but do not commonly provide stakeholders with an opportunity to
comment on proposed subsidiary legislation (for example, SROs). It has been reported that the
regular major changes in customs rules, specially changes in various tariff rates are mainly
implemented through the yearly Finance Bill. The NBR and Bangladesh Customs organize a
series of consultative meetings with the leading business Chambers, sectoral Associations, and
important stakeholders before finalizing the proposed changes prior to placing the Bill before
the Parliament for approval. Another example cited is the draft of the Customs Act 2018. This
Act was first drafted in 2014, and after getting primary approval from the Cabinet several
stakeholder meetings, national workshops, and seminars were organized to disseminate the
proposed changes to stakeholders, as well as inviting public comments to accommodate their
views, concerns and proposals. The draft Customs Act has also been placed on the websites of
the NBR and Bangladesh Customs. However, certain changes in the Customs rules and
regulations [](e.g. changes in statutory duty (SD) or regulatory duty (RD) rates) are
implemented through Statutory Regulatory Orders (SROs) without any prior notification.