• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.13
• /
• pp.897-908
• /
• 2000

Customs clearance is one of systems controlled by a customhouse that administrate all exported or imported goods passed frontier. This customs clearance systems of china and korea equally means, but it find obvious that customs law and rule, customs formalities between china and korea differ greatly. Therefore, this article describes a customhouse controlling exportation and importation, company dealing clearance service as the subject of customs clearance and customs formalities in order to generally analyse on customs clearance systems of China. As a result, this seeks for problems of customs clearance systems in China and a means of settling a trouble.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.44
• /
• pp.213-238
• /
• 2009

This thesis examines the problems faced in the clearance procedures of Korea's e-customs system for which improvements are necessary, and suggests various ways of overcoming those problems. Practical implications regarding the advancement of Korea's e-customs system are as follows. First, the substructure of the e-customs clearance system, which is the basis for the establishment of a global single window, should be developed into a more modern and advanced system. Second, additional improvements in the law are required to render the broad array of Internet-based export and import documents legally binding. Third, customized services should be provided in order to improve the operating efficiency of the e-customs clearance system. Fourth, the reputation of Korea's e-customs clearance system should be raised via the strengthening of a cooperative system between concerned parties, including exporters and importers. This innovative approach to systematic improvements will come about when we can simplify current customs clearance procedures and establish a fairer customs inspection administration regime. Additionally, when we review the methods intrinsic to our customs system, we must emphasize the urgency of proper completion of related systems and arrangements in the trade business and similar fields.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.37
• /
• pp.253-273
• /
• 2008

The thesis examines the problems for improvement of clearance procedure and shows the various ways of overcoming them. Practical implications regarding the innovation of clearance procedure are as follows. First, the basis of information for customs clearance service should be built for unifying customs clearance information and imports and exports goods. Second, Customs Service need to keep on trying continuously that customs clearance system should be inter-convertible in the inside and outside of the country. Third, reliable law and execution system should be needed to revitalize customs clearance business and the government need to take measures for new system which is suitable for our own country. Finally, mutual cooperation administration system for customer in domestic and foreign country should be made for supplying high quality clearance service. As we have reviewed above contents, the customs clearance business meet the needs of innovation with new information technique to overcome lots of problems which come by when we execute simplification of customs clearance procedure and customs inspection administration fairly. As well as, when we review a few methods in the line of our customs system, we need strongly completion of related system and arrangements in trade business and similar fields. Hereafter we hope the limitation of this study should be overcome by the process of proper inspections through subsequent studies.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.33
• /
• pp.277-308
• /
• 2007

Northeast Asia Nations introduced each single window system for simplifying the customs clearance procedures in order to prevent the rekeying the customs and trade-related data. A single window is a means for enabling users to complete all the necessary import/export procedures in a single input and by single transmission by linking the related system. WCO recommends CDM, UCR, ACI that completed by WCO's own projects for assist to establish the single window for customs clearance. Northeast Asia Nations such as Korea, China, Taiwan, Japan undertook trade process reengineering for introducing single window for customs clearance. Korea and Japan introduced a e-customs systems as a good single window system. The purpose of this paper is to contribute to construction of the efficient single window system for customs clearance by studying e-customs cases in Northeast Asia Nations.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.39
• /
• pp.313-344
• /
• 2008

The role of Customs Service has changed significantly in recent times, and what may represent core business for one administration may fall outside the sphere of responsibility of another. This is reflective of the changing environment in which customs authorities operate, and the corresponding changes in government priorities. Since the terrorist attacks on the United States in 2001, customs administrations around the world have been developing AEO programs in which they grant AEO status to operators who are well-compliant with the supply chain security standards. These programs also provide such operators with trade facilitation measures under the customs procedures, acknowledging the importance of ensuring secure and facilitated trade. Thus, this paper analysed leading countries's AEO program regime focused on the two fold : (1)provide an overview and present a implication of its AEO program ; (2)offer an appropriate proposal to Korea Customs Service's new program.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.46
• /
• pp.351-380
• /
• 2010

Multinational Enterprises set the prices for transactions between affiliates based principally on their global interest. But the customs authority in Korea wants to set the arm's length price as high as possible to get higher dutiable value for customs purpose, while the internal tax authority in Korea prefers lower arm's length price to get higher value for corporation tax purpose by cutting costs. Problem caused by the inconsistent valuation methods on the same imported goods of the two tax authorities is the single most important tax issue facing multinational enterprises. In the meantime, the customs authority in Korea has thought that it is a universal trend worldwide for the Customs and Internal tax authorities to adopt different methods of valuation on transfer prices between related parties, so KCS couldn't accept APA prices. But the internal tax authority in Korea has taken the initiative in APA program so NTS provided taxpayer with safe-harbor. Recently, KCS created the Advance Customs Valuation Arrangement(ACVA) provisions in the 2008 revision bill of the Customs Act through benchmarking APAs program. Can APAs work for customs? Neither WCO or OECD presents any recommendation on the integration of the valuation methods, but calls for close cooperation between two authorities, which still leaves taxpayers very unstable. We will start to seek ways to integrate the customs valuation and transfer pricing in this study.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.53
• /
• pp.315-336
• /
• 2012

In year 2011 export volume of South Korea surpassed 500billion USD and overall trade volume has exceeded one trillion USD. South Korea is ranked at 7th in the world by its export volume. Such an expansion of the trade volume leads to growth in customs clearance service demand. However, there are only handfuls of studies on the efficiency of customs clearance service which customs broker provide. If the efficiency in this study is not absolute, it shows relative efficiency to decision making unit. In this research survey was conducted targeting members of Korea Customs Brokers Association. Based on the survey improvement plans to enhance efficiency of customs clearances are as follows. First, rationalize the customs broker fee. Second, setup batch processing system to improve efficiency of the work process. Third, develop new area of task such as FTA and AEO certification. Forth, raise service quality by improving professionalism of customs brokers. Fifth, work efficiency of the office in the capital area will increase. Sixth, when inspecting import export cargo, customs broker should attend at the scene by their choice. Meanwhile, difference analysis on competent customs, type of office, and duration of the business was done but all the aspects were rejected. Such aspects does not influence on its effectiveness.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.47
• /
• pp.263-298
• /
• 2010

The global trading system is vulnerable to terrorist exploitation while the international trade is an essential element for the economic development. Customs has a unique role in the international trade to provide increased security while ensuring facilitation of the legitimate flow of goods and the role of Customs has become more and more indispensable these days. In response to this trend, the World Customs Organization(WCO), the organization of more than 170 Customs administrations all over the world, adopted an international framework("SAFE Framework") in 2005, which includes the Authorized Economic Operator(AEO) concept, whereby a party involved in the international movement of goods would be approved by Customs as complying with the supply chain security standards, and given benefits, such as simplified Customs procedure and less Customs intervention. In this stream, the Japanese government has developed and promoted AEO Program in close cooperation with the business sector, aiming at ensuring security while facilitating legitimate trade. For that purpose, Japan Customs, as a main entity in the field of international trade, has developed comprehensive AEO program with combination of programs for importers, exporters, warehouse operators, Customs brokers and logistics operators, such as forwarders and carriers, which are consistent with the "SAFE Framework" developed by the WCO. The purpose of this paper aims to analyse the introduction plans of AEO program for the trade security and trade facilitation with Japanese AEO system.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.13
• /
• pp.105-129
• /
• 2000

INCOTERMS 2000 was not changed in its basic system but much improved in many minor aspects, reflecting the expansion of customs free zone, the spread of electronic communications and the changes of transportation practices. Among many points, following revisions are to be considered important to examine : First, the term 'delivery' is clearly defined in the preamble of each term, which is very significant since the risk is connected with the delivery in international trade. Second, the obligation of carrying out export customs formalities in FAS and import customs formalities in DEQ are imposed to seller and buyer respectively according to current trade practices. Third, since the customs formalities are no more needed among the countries of customs free zone, the phrase 'where applicable' is inserted in A.2 and B.2 of each term. Fourth, the method of delivery(for example, loaded or unloaded) became very concrete and clear in each term. Fifth, in the obligation of buyer's contracting insurance, the 'no obligation' is added even though the buyer has no insurance obligation to the seller. Finally the I.C.C. tried to make unification of the special terminologies be in accordance with those of CISG to achieve international harmony between the uniform law and uniform usages.

• International Commerce and Information Review
• /
• v.19 no.3
• /
• pp.197-214
• /
• 2017

It requires professional knowledge and much time to judge intellectual property rights infringement. The duties of customs administration are the balance between the propositon of trade facilitation through rapid clearance and the thesis of social security through exact examination. There is a view that the criminal procedure law control is necessary to the goods inspection of clearnce procedure if it is related to crimianl investigation. However, it seems that the customs law does not consider the goods inspection investigation as the investigation under judicial control, but only the mere administrative investigation. It can be said that the inspection of goods by customs law functioning as a clue of investigation is confined to the ordinary goods inspection, including the screening test. Searching for specific articles by specific informaition should be under the control of criminal procedure law because it constitutes the commencement of criminal investigation in criminal cases. This interpretation could be an opportunity as a harmonious operation between the goods inspection of customs clearance and the search and seizure of criminal procedure.