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Facilitating Trade:

Improving Customs Risk Management Systems

In the OIC Member States

35

3.1.2

Mutual Assistance Agreements between Countries

To implement border virtualization approach as a global trend, it is not enough to have in place

legislation that will allow such exchange of sensitive information. The exchange of data in real-

time or upon request between CAs and other agencies requires building a stronger relationship

with other countries, especially on a regional level. In last decade, one of the global trends

related to this issue is a measure to encourage countries to sign mutual assistance agreements

with other countries to facilitate the process of data exchange. Exchange of customs data

supported by mutual assistance agreements can bring the following advantages and benefits to

CAs, CRM, and other state authorities:

Trade Facilitation

; extending the pre-arrival data with the exchange of Certificates

(CoO, Phyto, Veterinary, etc.) before the arrival of the goods, will speed-up the issuing

of entry permits and certificates;

More effective use of customs resources

; Improved Customs’ ability to manage and

control customs procedures at the border, as well as to effectively and efficiently

implement CRM and Law Enforcement functions;

Application of Risk Analysis on the pre-arrival data

; Analysis and assessment of

information received in advance for improved andmore effective Customs targeting and

selectivity procedures;

Promote/improve cross-border communication and cooperation

; It will contribute

to closer cross-border cooperation, harmonization, and modernization of procedures,

practices, and processes;

Exchange of LE information and intelligence

; The exchange of LE information and

intelligence will improve the prevention of smuggling and the fight against organized

crime; it will enhance the CRM and the allocation of the resources (WCO Nairobi

Convention – 20 OIC MS are contracting parties

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);

TheWCO in 2004 has drafted a model bilateral agreement onmutual administrative assistance

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in customs matters to facilitate cooperation between CAs. The WCO model, according to Article

3, propose exchange of information that will help CAs to combat noncompliance and the security

of the international trade supply chain related to: (a) new law enforcement techniques having

proved their effectiveness; (b) new trends, means or methods of committing Customs offences;

(c) goods known to be the subject of Customs offences, as well as transport and storage methods

used in respect of those goods; (d) persons known to have committed a Customs offence or

suspected of being about to commit a Customs offence; (e) any other data that can assist

Customs administrations with risk assessment for control and facilitation purposes. On request,

the requested CA shall provide the requesting administration with information on: (a) whether

goods imported into the territory of the requesting Contracting Party have been lawfully

exported from the territory of the requested Contracting Party; (b) whether goods exported

from the territory of the requesting Contracting Party have been lawfully imported into the

2

6 http://www.wcoomd.org/-/media/wco/public/global/pdf/about-us/legal-instruments/conventions-and-

agreements/nairobi/naireng1.pdf?la=en

2

7 http://www.wcoomd.org/en/topics/enforcement-and-compliance/instruments-and-

tools/~/media/DFAAF3B7943E4A53B12475C7CE54D8BD.ashx