“Global Transshipment Hub: Examining its implications on the Customs Brokerage profession” Copyright - Donovan C Wignal, MSME ALLIANCE Presented By: Donovan Wignal March 2014 GLOBAL TRANSSHIPMENT HUB Copyright - Donovan C Wignal, MSME ALLIANCE 2 INTRODUCTION • Shipping services constitute a highly competitive market and represent a typical example of customer-oriented organizations. • Given the competitive nature of business in the commercial shipping industry in Jamaica; it is clear that we live in an era of business without boundaries, where competing effectively means collaborating across time, distance, organization, and culture. However, several factors have contributed negatively to the business of imports and subsequently the increase in the cost of goods and services to the clearing agent and consumers. • Against this background, customs brokers in Jamaica now have to go farther to find the right pieces and rapidly pull them together to create the best fit for their purposes. The transshipment hub will be the game changer for those players who are prepared. Copyright - Donovan C Wignal, MSME ALLIANCE 3 GLOBAL TRANSSHIPMENT HUB Copyright - Donovan C Wignal, MSME ALLIANCE 4 GLOBAL TRANSSHIPMENT HUB What is Customs Brokerage? It is a profession that involves the 'clearing' of goods through customs barriers for importers and exporters (usually businesses). This involves the preparation of documents and/or electronic submissions, the calculation (and usually the payment) on behalf of the client of taxes, duties and excises, and facilitating communication between the importer/exporter and governmental authorities. Copyright - Donovan C Wignal, MSME ALLIANCE 5 GLOBAL TRANSSHIPMENT HUB Who is a Customs Broker? Any person, including a freight forwarder, who, on behalf of a client, transacts customs business with the customs, including the entering of goods of all description under the customs laws; but does not include a ship’s agent. (Customs Regulation , 1955, Part 17, Clause 144, Pg45) Must be licensed Copyright - Donovan C Wignal, MSME ALLIANCE 6 GLOBAL TRANSSHIPMENT HUB What does a Customs Broker do? Maintains a registered, tax compliant business Keeps proper financial records Furnishes clients with appropriate documents and information concerning entered goods Accounts to clients for funds refunded by customs Accounts to customs for monies received from clients for entered goods Ensures tax & regulatory compliance of importers and exporters Copyright - Donovan C Wignal, MSME ALLIANCE 7 GLOBAL TRANSSHIPMENT HUB What does a Customs Broker do? He legally represents importers in their dealings with Customs. Plays vital role in the importing process by ensuring that goods are in compliance with government regulations and legislation Copyright - Donovan C Wignal, MSME ALLIANCE He facilitates an entry on the importer's behalf He classifies goods according to Tariff Schedules to apply duties and taxes owing to the state A customs broker can arrange customs clearance for your shipments before they arrive at destination 8 GLOBAL TRANSSHIPMENT HUB Other Services provided by a Customs Broker A Customs Broker can also arrange Local Trucking, Warehousing, Customs Bonds and Cargo Insurance. The broker can also provide Trade Consultants to handle more serious issues such as Trademark, ICR, and other Trade issues. Brokers now play an integral part in the logistics and supply chain networks of corporations, and also provide expert consultations on trade issues. Copyright - Donovan C Wignal, MSME ALLIANCE 9 GLOBAL TRANSSHIPMENT HUB Import Process IMPORTER PURCHASES FROM FOREIGN SUPPLIER FREIGHT FORWARDER PACKAGES GOODS & PREPARES DOCUMENTS FAXES OR COURIERS DOCUMENTS TO IMPORTER BROKER SENDS ELECTRONIC DOCUMENT TO CUSTOMS BROKER PREPARES CUSTOMS ENTRY DOCUMENTS CUSTOMS INSPECTS ENTRY GOODS ARRIVE AT PORT TRANSPORT AGENT APPROVE NO REDO OR AMEND ENTRY YES IMPORTER Copyright - Donovan C Wignal, MSME ALLIANCE contact BROKER BROKER CLEARS & DELIVER GOODS 10 GLOBAL TRANSSHIPMENT HUB NEW DEVELOPMENTS– CUSTOMS BROKERS OPPORTUNITIES Types Of Supply Chain Activities • Expand logistics platforms to provide value-added services, such as reefer storage • Increased business from manufacturing clientele who will seek to capitalize on the fact that no duty is due if goods are destroyed or reexported in the zone. • Import entries are filed less frequently—substantially reducing costs which can be passed on to the broker’s clients. Source: Groenewout Consultants & Engineers Copyright - Donovan C Wignal, MSME ALLIANCE 11 GLOBAL TRANSSHIPMENT HUB Main Issues Encountered when Doing Business in Customs Broking Import Policy Creates more bureaucracy in the system. The Motor Vehicle Import Policy is seen by many as burdensome. E.g., persons importing trucks into Jamaica do not think that they should have to abide by the same regulations set out for other vehicles: A ten year old truck (for e.g.) is considered relatively new in relation to the life-span of a truck; and very few persons are financially capable of importing newer models. Copyright - Donovan C Wignal, MSME ALLIANCE Recommendations Investigate other options for revenue collection in this regard. One option is to lower the age range for certain vehicles (e.g. trucks) and thereby more persons would capitalize on the initiative resulting in increased importation. 12 GLOBAL TRANSSHIPMENT HUB Main Issues Encountered when Doing Business in Customs Broking Customs • Valuation branch turn-around time • Application of WTO rules where submitted values on invoices have constantly been arbitrarily inflated with very little expeditious redress available to the importer. One has had to pay the marked up prices or risk having the goods left to the elements. Copyright - Donovan C Wignal, MSME ALLIANCE Recommendations Ensure that Customs adapts the World Customs (WCO) Time Release Study (TRS) model and methodology. Set up a formalized Advance Pricing Agreement which would help to resolve actual or potential transfer pricing disputes in a principled, cooperative manner, as an alternative to the traditional adversarial process. ~ Crimson Logic 13 GLOBAL TRANSSHIPMENT HUB OTHER ISSUES & CONCERNS Very low Global Competitiveness Index an inefficient bureaucracy high energy costs the need for appropriate tax reform the need for a higher level of business literacy the need for a more enabling environment lack of law and order Financing - Because the risk is high, banks are cautious and credit processes are complex. Copyright - Donovan C Wignal, MSME ALLIANCE 14 GLOBAL TRANSSHIPMENT HUB ISSUES & CONCERNS “Jamaica’s performance for advance rulings, information availability, automation and internal border agency cooperation is below the average for upper middle income countries and Latin American and Caribbean countries”. OECD (Organisation for Economic Co-operation and Development) Source: http://www.oecd.org/ Copyright - Donovan C Wignal, MSME ALLIANCE 15 GLOBAL TRANSSHIPMENT HUB HOW DO WE RESOLVE THESE ISSUES & CONCERNS? • Make best use of the current facilitative approach • Seek to work closer with the Ministry of Industry, Investment & Commerce to ensure development of the spirit of entrepreneurship to stimulate the consolidation of the customs brokers sector. • Immediately tackle the crisis of management which exists, by joining forces with relevant stakeholders and speedily implement a programme to address the urgent need for an improved level of business literacy throughout the sector. Copyright - Donovan C Wignal, MSME ALLIANCE 16 GLOBAL TRANSSHIPMENT HUB HOW DO WE RESOLVE THESE ISSUES & CONCERNS? • Clear separation of regulatory functions from commercial activities • Full benefits of private sector participation in operations and infrastructure financing achieved only through a balanced formula • Responsible public authority management • Prevent the development of local monopolies and rent-seeking practices • Explicit regulatory frameworks for unavoidable monopoly • Ownership issues within the framework of public/private partnerships for development of port facilities (BOT, BOO, BOOT, etc.) need to be carefully addressed Copyright - Donovan C Wignal, MSME ALLIANCE 17 GLOBAL TRANSSHIPMENT HUB CONCLUDING REMARKS With the new, positive approach to the development of our sector, the now visible attention to customs brokers, how the MSME sector factors in the economic recovery of Jamaica in general, and our place in the evolution of the logistics hub, with the right guidance, the right incentives, the right operational climate; and an enabling , facilitative business environment, Jamaica’s customs brokers sector can factor powerfully in this game changing logistics hub project; thereby sowing the seeds for economic recovery. The customs brokers sector must now prepare itself for the opportunities to come— with the necessary training and improved business skills, knowledge and technologies that will allow us to be more competitive. Copyright - Donovan C Wignal, MSME ALLIANCE 18 Copyright - Donovan C Wignal, MSME ALLIANCE 19
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