Articles / AFRICA Value-Added Tax Act Amendments June Edition | 2014 1 / AMERICAS C-TPAT 1 Latest U.S. International Trade in Goods 1 and Services Report Department of State & Department of Commerce Publish Changes to Regulations that Control Exports of 2 Satellites and Related Items Pennsylvania Firm & CO Charged with Shipping Machinery to Iran in Violation of 2 U.S. Export License Requirements Notice to Exporters 2014/11: A400M 2 OGEL published Notice to Exporters 2014/13: Amendment 2 to ECO 2008 OFAC Publishes Final Rule in the Federal 2 Register Ukraine Related Sanctions Update 2 U.S. CBP Reminds Members of New 3 Security Seal Standards WCO Publishes Updated AEO 3 Compendium U.S. & Uruguay Sign Customs Mutual 3 Assistance Agreement / EMENA EU & China Sign Landmark Mutual Recognition Agreement & Intensify 4 Customs Cooperation IRU Update on TIR in the Russian 5 Federation New OECD Guidelines aim to Simplify VAT 5 Rules on International Trade nd 2 World Customs Organization AEO 6 Conference REGIONAL NEWS / AFRICA VALUE-ADDED TAX ACT AMENDMENTS The South African Revenue Service’s recently amended the Value- Added Tax Act, 1991 (Act No. 89 of 1991) by replacing all previous regulations prescribing the application of paragraph (d) of the definition of “exported” in section 1(1) read with section 11(1)(a) of the Value-Added Tax Act. Click here for more information. Amendments were also made to zero rated supplies on movable goods and the documentary requirements acceptable by the Commissioner. These requirements are set out in Interpretation Note 30 (issue 3) dated 5 May 2014. Click here for more information. REGIONAL NEWS / AMERICAS C-TPAT On May 1, 2014, U.S. CBP issued a C-TPAT alert regarding terrorism related threats resulting from the political situation in Egypt. UTi clients are encouraged to review the risk factors and important recommendations by CBP that are described in the CBP alert. Click here for more information. LATEST U.S. INTERNATIONAL TRADE IN GOODS AND SERVICES REPORT The U.S. international trade deficit in goods and services decreased to $40.4 billion in March from $41.9 billion in February (revised), as exports increased more than imports. Click here to read more. Contact our Customs Team for Additional Information AFRICA David Liebenberg [email protected] APAC Jason Measures [email protected] AMERICAS John Rodriguez [email protected] Anthony O’Hara [email protected] Bob Strbanovic [email protected] EMENA Neil Munro [email protected] go2uti.com DEPARTMENT OF STATE AND DEPARTMENT OF COMMERCE PUBLISH CHANGES TO REGULATIONS THAT CONTROL EXPORTS OF SATELLITES AND RELATED ITEMS The U.S. Department of State and U.S. Department of Commerce published regulations today that will fundamentally change the nature of U.S. export controls on satellites and related parts and components. These changes to Category XV (Spacecraft and Satellites) of the U.S. Munitions List (USML) allow most commercial, scientific, and civil satellites and their parts and components to move to the Department of Commerce’s Commerce Control List (CCL). These changes are part of the President’s Export Control Reform Initiative, and will increase the competitiveness of cutting-edge, well-paying U.S. manufacturing and technology sectors by better aligning our export controls with national security priorities. Click here to read more about the U.S. Department of State’s regulation changes. Click here to read more about the U.S. Department of Commerce regulation changes. PENNSYLVANIA FIRM AND CHIEF OFFICER CHARGED WITH SHIPPING MACHINERY TO IRAN IN VIOLATION OF U.S. EXPORT LICENSE REQUIREMENTS A criminal information has been filed against a Pennsylvania firm and its chief officer, charging them with conspiracy to evade export reporting requirements and with attempting to smuggle to Iran a lathe machine in violation of U.S. export regulations. The announcement was made today by the U.S. Attorney Peter J. Smith for the Middle District of Pennsylvania. Click here to read more. NOTICE TO EXPORTERS 2014/11: A400M OGEL PUBLISHED The Department for Business, Innovation and Skills, Export Control Organisation has published Open General Export Licence (Military Goods: A400M Collaborative Programme). This new licence has been developed to support a collaborative programme with seven partner countries and one export customer to provide airlifter aircraft. Click here to read more. NOTICE TO EXPORTERS 2014/13: AMENDMENT TO THE EXPORT CONTROL ORDER 2008 (THE ‘MAIN ORDER’) – SCHEDULE 2 REPLACED The Export Control Organisation (ECO) has amended the Export Control Order 2008. Schedule 2 has been replaced and there is an unrelated change to a national control in Schedule 3 (PL8001). Click here to read more. OFAC PUBLISHES FINAL RULE IN THE FEDERAL REGISTER, AMENDING AND REISSUING IN THEIR ENTIRETY THE SYRIAN SANCTIONS REGULATIONS On 5/2/2014, the U.S. Department of the Treasury’s Office of Foreign Assets Control published a final rule in the Federal Register, amending and reissuing in their entirety the Syrian Sanctions Regulations, 31 C.F.R. part 542, to implement a series of Executive orders that the President has issued to take additional steps with respect to the national emergency with respect to Syria declared in Executive Order 13338 of May 11, 2004. These new regulations implement the blocking prohibitions in these Executive orders, and add numerous sections to the Regulations, including prohibitions, definitions, interpretations, and licensing provisions. UKRAINE RELATED SANCTIONS UPDATE On 5/8/2014, the Department of the Treasury’s Office of Foreign Assets Control issued the new Ukraine-Related Sanctions Regulations, 31 CFR part 589, to implement Executive Order 13660 of March 6, 2014 (“Blocking Property of Certain Persons Contributing to the Situation in Ukraine”), Executive Order 13661 of March 17, 2014 (“Blocking Property of Additional Persons Contributing to the Situation in Ukraine”), and Executive Order 13662 of March 20, 2014 (“Blocking Property of Additional Persons Contributing to the Situation in Ukraine”). These regulations were published as a final rule at 79 FR 26365, May 8, 2014. In keeping with its usual practice, OFAC published the regulations in abbreviated form at this time but intends to supplement this part 589 with a more comprehensive set of regulations, which may include additional interpretive and definitional guidance and additional general licenses and statements of licensing policy. go2uti.com U.S. CBP REMINDS MEMBERS OF NEW SECURITY SEAL STANDARDS U.S. Customs and Border Protection (CBP) has issued a reminder to C-TPAT members that new International Organization for Standardization (ISO) specifications for security seals are set to go into effect May 15. C-TPAT criteria requires that all seals meet or exceed the current ISO 17712 standards for high security seals. C-TPAT members may continue to use the remaining ISO 17712:2010 high security seals they have in stock and then look to purchase ISO 17712:2013 high security seals in the future. C-TPAT partners should be careful when buying the seals. Independent written certification should be obtained from suppliers to make sure the seals meet the ISO standard. Click here to read more. WCO PUBLISHES UPDATED AEO COMPENDIUM – 2014 EDITION The AEO Compendium is updated regularly to track the developments of existing AEO programmes, AEO programmes in the process of being launched, and Customs compliance programmes. The AEO Compendium has become a single point of reference of information for Customs Administrations, the private sector and other stakeholders. Information in the Compendium is provided and verified by WCO Members. The AEO Compendium is incorporated in the WCO SAFE Package, which is a resource that contains tools to assist in establishing and administering AEO programmes. The 2014 edition of the WCO Compendium of Authorized Economic Operator Programmes (AEO Compendium) updates the previous edition based on the information available as of March 2014. Since the last edition, there has been considerable development within Customs administrations of trader programmes other the SAFE Authorized Economic Operator Programmes(AEO) concept. These have included compliance based programmes and the development of the Authorised Operator concept under the WTO Agreement on Trade Facilitation. To assist administrations the compendium has been expanded to included these developments and to ensure that difference been the various programmes is understood. Click here to read more. U.S. & URUGUAY SIGN CUSTOMS MUTUAL ASSISTANCE AGREEMENT Release Date: May 14, 2014 WASHINGTON—The United States signed a Customs Mutual Assistance Agreement today with Uruguay marking a significant milestone in collaboration between the two countries. U.S. Customs and Border Protection (CBP) Commissioner R. Gil Kerlikowske signed the agreement on behalf of CBP and U.S. Immigration and Customs Enforcement (ICE) and Minister of Foreign Affairs Sr. Luis Almagro signed the agreement on behalf of Uruguay. The bilateral agreement is a valuable tool for the U.S. and Uruguay’s respective customs administrations to prevent, repress, and investigate customs offenses. “Customs authorities around the globe are securing nations and communities against the threat of terrorism and transnational crime while facilitating legitimate commerce,” said Commissioner R. Gil Kerlikowske. “This agreement strengthens our nations’ resilience against threats by expanding cooperation and information sharing with our international partners.” go2uti.com “This agreement will enable our customs officials to expand our efforts to protect our borders through the timely and secure exchange of information,” said Thomas S. Winkowski, Principal Deputy Assistant Secretary for U.S. Immigration and Customs Enforcement. “We look forward to future opportunities for collaborative enforcement efforts with Uruguay’s Dirección Nacional de Aduanas.” With this new agreement signed, CBP and ICE now have 69 CMAAs with other Customs administrations across the world. CMAAs provide the legal framework for the exchange of information and evidence to assist countries in the prevention, detection, and investigation of Customs offenses and crimes associated with goods crossing international borders, including duty evasion, trafficking, proliferation, money laundering, and terrorism-related activities. CMAAs also serve as foundational documents for subsequent information sharing arrangements, including mutual recognition arrangements on authorized economic operator programs. U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation’s borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws. Click here to read more. REGIONAL NEWS / EMENA EU AND CHINA SIGN LANDMARK MUTUAL RECOGNITION AGREEMENT AND INTENSIFY THEIR CUSTOMS COOPERATION EU and Chinese trusted traders will enjoy lower costs, simplified procedures and greater predictability in their activities, thanks to a mutual recognition agreement signed mid May. Under the agreement, the EU and China commit to recognizing each other’s certified safe traders, thereby allowing these companies to benefit from faster controls and reduced administration for customs clearance. Mutual recognition of trusted traders also allows customs to focus their resources on real risk areas, thereby improving supply chain security on both sides. The EU is the first trading partner to enter into such an agreement with China, having already signed similar deals with the USA (2012) and Japan (2011). Two other important initiatives were also signed at the JCCC. The first is a new Strategic Framework for Customs Cooperation, which defines ambitious priorities and objectives for EU-China collaboration in this field. Key areas of focus for the coming years will be trade facilitation, supply chain security and fighting counterfeit and illicit trade. An important new priority is a joint approach to tackling illegal waste shipments, thereby tackling an area of high concern for both sides and supporting important environmental objectives. go2uti.com The second initiative signed in Beijing today is a new EU-China Action Plan on Intellectual Property Rights (IPR). This aims to improve the clamp-down on counterfeit goods by intensifying EU-China cooperation, communication and coordination in this field. Source Article: BIFA, 21st May 2014 / IRU UPDATE ON TIR IN THE RUSSIAN FEDERATION Providing expansion to the note in last month’s newsletter: The IRU website had noted the following update: The Federal Customs Service of the Russian Federation (FCS RF) has confirmed its decision announced on 18 March to extend the scope of TIR restrictions and will no longer accept TIR Carnets at the Finnish-Russian Customs office of Torfyanovka (Vyborg region) as of 21 April 2014. Transport operators traveling through this high-traffic border crossing point between Europe and Russia are now obliged to purchase additional national guarantees. The IRU therefore strongly advises all transport operators driving to, from and across Russia, to use the IRU Recommendations for TIR Carnet Holders in case TIR Carnets are illegally refused by Russian Customs officers. This additional decision by the FCS RF is in direct violation of the TIR Convention, as well as several Court decisions rendered by the Supreme Arbitration Court of Russia. It also defies instructions from the Russian Government taken in relation to TIR in the past few months and constitutes another worrying sign for the business climate in Russia. The IRU is currently in discussions with various Russian Ministries at all levels to quickly resolve this situation through the immediate reinstatement and long-term continuation of the TIR System in Russia. Source: Courtesy of CLECAT / NEW OECD GUIDELINES AIM TO SIMPLIFY VAT RULES ON INTERNATIONAL TRADE The OECD has agreed the first ever international framework for applying VAT rules to cross-border transactions. The new guidelines seek to ensure “VAT neutrality” on the sale of goods and simplify the way businesses buy services from abroad. While at present various states use different rules to determine who has the right to tax a transaction, under the framework VAT on services should only be levied in the country of the recipient of the service. Rintaro Tamaki, OECD deputy secretary-general, said: “These guidelines provide standards on the neutrality of the VAT in international trade and on the coherent application of VAT to cross-border trade between businesses. “This represents a very significant step towards a more coherent and consistent application of VATs to international trade and reduced risks of double taxation and non-taxation.” go2uti.com The move was endorsed at the OECD’s Global Forum on VAT in Japan, attended by representatives of 86 countries. The forum agreed measures to promote VAT neutrality on goods by ensuring the tax targets private consumption and not businesses so “it has a neutral effect on production and levels the playing field for domestic and foreign businesses in cross-border trade”. The OECD also said measures, such as reduced rates on certain goods, to alleviate the “regressive” nature of VAT, which “can place a disproportionate burden on poorer households who spend a large part of their income on necessities”, were costly because they benefited all consumers. It instead recommended direct cash transfers to low income households through income tax or benefits. An OECD spokesman said the guidelines were not legally binding but offered a set of “soft law principles for the application of the tax to cross-border trade that countries are encouraged to follow”. Source Article: Supply Chain Management. / 2ND WORLD CUSTOMS ORGANIZATION AEO CONFERENCE UTi delegates recently attended the 2nd global AEO conference in Madrid with the aim of ensuring that our strategy and process improvements are fully aligned with the current and future goals and requirements of AEO and that UTi is therefore fully prepared to maintain compliance with not only current, but also future, requirements. An extract of the WCO press release is below:More than 800 delegates from more than 90 countries attended the World Customs Organization’s (WCO) 2nd Global AEO Conference in Madrid, Spain, from 28-30 April 2014, which focused on engaging all relevant stakeholders in discussions on the role of Customs-Business partnerships in securing and facilitating global trade. Building collaborative relationships with trusted traders is advantageous for governments facing the challenge of growing trade volumes and increased security requirements on the one hand, and the need to develop efficient crossborder processes that allow businesses to be more competitive on the other hand. Over the past decade, specific programmes have been put in place, opening up a new chapter in traditional Customs-Business partnerships, namely Customs compliance programmes and Authorized Economic Operator (AEO) programmes. Full details can be found at here. / go2uti.com Customs-Trade Partnership Against Terrorism Supply Chain Security Threat - Egypt The Customs-Trade Partnership Against Terrorism (C-TPAT) program is one layer in U.S. Customs and Border Protection’s (CBP) multi-layered cargo enforcement strategy. Through this program, CBP works with the trade community to strengthen international supply chains and improve United States border security. To enhance communication with its members, C-TPAT routinely highlights security matters for the purpose of raising awareness and renewing Partners’ vigilance, and recognizing best practices implemented to address supply chain security concerns. The purpose of this C-TPAT Alert, generated in cooperation with BSI Supply Chain Solutions, is to highlight a convergence of factors tied to weakened political stability in Egypt that have significantly increased the threat that terrorist groups will carry out an attack against critical supply chain elements in the country and its surrounding waterways, including the Suez Canal - an artificial waterway connecting the Mediterranean Sea to Gulf of Suez, and then to the Red Sea. The Suez Canal is 163 Km. long; its width varies but it is only 60 meters at its narrowest. The canal is used extensively by modern ships, as it is the fastest crossing from the Atlantic Ocean to the Indian Ocean. Page Additionally, decreased rule of law throughout Egypt since the ouster of President Morsi has created an extremely unstable security environment in the nation, highlighting the possibility that terrorist groups could exploit supply chains in the country to perpetrate an attack abroad. 1 The repeated targeting of container ships and pipelines by terrorist groups in Egypt since July 2013 illustrates their determination to strike the supply chain, while an increase in arms smuggling into the country, including the trafficking of more sophisticated weaponry, underscores the heightened capabilities of these groups in recent months. C-TPAT Alert – Supply Chain Security Threat – Egypt – May 2014 Increased Number and Distribution of Terrorist Attacks - BSI has recorded a significant increase in both supply chain and general terrorist attacks in Egypt since President Morsi was forcefully removed from office on July 4, 2013. The rate of terrorist attacks has increased most significantly in Egypt’s sparsely populated Sinai Peninsula, a large desert expanse separating mainland Egypt from Israel, where more than 300 attacks have occurred since last summer. But attacks have also occurred in Cairo, the country’s capital, where at least eight successful terrorist bombings and assassinations have taken place over just the past four months. In the nine months since President Morsi’s ouster, terrorist groups in Egypt have demonstrated a heightened intent to attack international supply chains in the country. Terrorists in Egypt have not traditionally threatened these types of targets, and this trend represents a worrying development for international supply chain security and the global economy. An attack on a cargo ship transiting the Suez Canal represents the most high-profile and potentially damaging supply chain terrorist attack from a global perspective. Such an attack has the ability to disrupt the approximately eight percent of world trade that passes through the waterway each year. This figure includes nearly 30 million twenty-foot equivalent units (TEUs) of containerized cargo, roughly equal to the amount of freight that transits the world’s largest seaports annually. In late July 2013, an obscure Islamic jihadist terrorist group known as Al Furqan Brigades claimed responsibility for an alleged rocket attack against a ship in the Suez Canal. The group released a video of the attack the following week, but the Egyptian government and media did not confirm the incident. More notably, Al Furqan Brigades terrorists fired two rocket-propelled grenades (RPG) at the MV Cosco Asia container ship as it was sailing through the Suez Canal en route to Europe on August 31, 2013. Though the Egyptian government maintained that the ship and its cargo suffered no damage as a result of the attack, at least one foreign source indicated that an RPG did strike the ship and tore a hole in one of its containers. Page 2 Terrorist groups have attacked other supply chain targets in Egypt in recent months as well. Most notably, another jihadist group known as Ansar Jerusalem (“Protectors of Jerusalem”) has been extremely active in targeting a natural gas pipeline in North Sinai Governorate in the Sinai Peninsula. The pipeline transports gas from the mainland eastward to Israel and to a major cement factory complex with links to the Egyptian military in North Sinai about 30 miles south of the city of El Arish. Terrorists bombed the pipeline twice in 2013 following President Morsi’s ouster and have so far attacked the structure four times in 2014. C-TPAT Alert – Supply Chain Security Threat – Egypt – May 2014 In addition to the recent increases in supply chain terrorist attacks in Egypt, BSI has noted both a marked rise in the range of targets attacked by terrorist groups in the country and a strengthening in the capabilities of these groups. In the immediate months following President’s Morsi’s removal from the presidency, terrorist attacks in the country consisted almost exclusively of small arms attacks against soldiers at checkpoints in North Sinai and bombings and assassinations targeting security officials in the Peninsula and occasionally on the mainland. However, over the past four months, jihadist terrorist groups for the first time threatened to strike civilian targets, bombing a tourist bus in South Sinai Governorate in February and killing three passengers and the bus driver. Terrorists have also carried out increasing numbers of attacks on the mainland, underscored most notably by the bombing of four targets in Cairo, including the headquarters of the Egyptian police services, on the same day in January. The increased capabilities of terrorist groups in Egypt were illustrated most predominantly on January 25, when Ansar Jerusalem released a video purporting to show its members shooting down an Egyptian military helicopter with a man-portable surface-to-air missile. The government confirmed that one of its helicopters had crashed, but it did not state that the incident was caused by a terrorist attack. Contributing Risk Factors - The significant increase in supply chain and general terrorist attacks in Egypt over the past nine months can largely be attributed to a convergence of factors relating to the persistent state of political instability the country has faced since last July. Most predominantly, political instability since President Morsi’s ouster has significantly weakened rule of law in the country, as military and police forces around the nation largely withdrew to Cairo to support the transitional government. The Sinai Peninsula, which is separated from mainland Egypt by the Suez Canal, has witnessed the most dramatic decrease in security following last summer’s political unrest, contributing to the dramatic uptick in terrorist attacks in this region. Page 3 Further contributing to the heightened terrorist threat in Egypt has been a major rise in the smuggling of small arms in the nation. While arms smuggling in the country subsided to some degree from 2012 to 2013 as the Egyptian military regained control of the country following the ouster of President Hosni Mubarak, the most recent troop withdrawal from the Sinai Peninsula has enabled smugglers to increase their activities over the past several months. C-TPAT Alert – Supply Chain Security Threat – Egypt – May 2014 Though the illegal arms trade in the Sinai has historically been dominated by secular anti-government tribesmen, it is very likely that terrorist groups are playing an increasing role in facilitating and even participating in this trade. Israel’s March 5 seizure of a load of Iranian long-range rockets that were destined for transport through the Sinai Peninsula to Gaza demonstrates that anti-Western regimes view security in the Sinai to be so lax that they are willing to attempt to smuggle fully assembled rockets overland across the Peninsula. Global Supply Chain Terrorism Threat The increased threat of terrorism targeting supply chains in Egypt in recent months comes at a time when terrorist groups throughout the world are increasingly targeting supply chain targets in an attempt to disrupt global trade and international security. Over the last decade, BSI has identified more than 600 separate acts of supply chain terrorism worldwide, with BSI recording an average of approximately one attack per week over the past several years. The increased proliferation of these attacks on a global scale underscores the necessity of maintaining proper security over international supply chains to protect against such disruptions. Page 4 A number of security weaknesses in the supply chain in Egypt exacerbate the risk of a terrorist attack against or through supply chain elements in the country. Major gaps in physical security along the Suez Canal provide numerous opportunities for terrorists to easily access the canal itself, as well as smaller boats operating in the waterway. Al Furqan Brigades’ video of the August 31 Cosco Asia attack highlights the ability of terrorist operatives to access the banks of the canal in order to fire RPGs or other weaponry at a passing cargo ship. International security sources continue to lament the ease of access to other areas of the canal as well, such as bridges, passenger ferry terminals, and private boat launches. The latter represents an extremely worrying point, as smaller boats could be used to carry out a waterborne bombing of a cargo vessel similar to the attack on the USS Cole in 2000 or the MV M Star in 2010. An attack of this type is much more likely to sink an entire ship, likely causing severe disruptions to cargo transit through the Suez Canal. Other supply chain security weaknesses in Egypt exacerbate the risk that materials used to perpetrate a terrorist attack will be imported into the country and highlight the possibility that such items may be exported from the nation to carry out an attack abroad. Criminals routinely exploit the reduced customs checks at Egypt’s 10 free trade zones, especially those at the ports of Said and Alexandria, to smuggle a variety of contraband items, including weapons, illegal drugs, and consumer goods, through the country. Furthermore, the breakdown of stability in the nation has enabled corrupt officials involved in the supply chain to operate with much greater impunity, an issue highlighted in early February when authorities arrested the chairman of a shipping agency group in Suez Governorate for attempting to import 150 kilograms of heroin into the country aboard a cargo ship. C-TPAT Alert – Supply Chain Security Threat – Egypt – May 2014 Recommendations - C-TPAT makes the following recommendations to its Partners in light of the current situation in Egypt: Re-assess risk factors for shipments originating in Egypt or transiting through Egypt. Review current supply chain security protocols to include: Minimizing container drop times Using C-TPAT certified or compliant carriers and consolidators Conducting a robust risk assessment and ensuring chain of custody gaps are addressed Using ISO 17712 high security seals beginning at the point of stuffing Considering using dedicated containers versus consolidated shipments Conducting thorough seven-point container inspections Performing or renewing security and threat awareness training for shipping and receiving personnel and encouraging and rewarding suspicious activity reporting C-TPAT Program CBP.GOV/CTPAT 1300 Pennsylvania Avenue, NW Washington, DC 20229 Page 5 (202) 344-1180 [email protected] C-TPAT Alert – Supply Chain Security Threat – Egypt – May 2014
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