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Procedures for appeal or review

  1. 4 Procedures for appeal or review

Procedures for appeal or review

What activity does this measure regulate?

The rights of traders to obtain review and correction of decisions made by Customs officials or officials of other border agencies

What authorities are directly concerned?

•  Customs

•  Other border agencies (encouraged to)

What are the new requirements?

Members shall provide traders with the right to appeal decisions made by Customs in an administrative and/or judicial proceeding.

1.         Each Member shall provide that any person to whom customs issues an administrative decision[1] has the right, within its territory, to:

(a)        an administrative appeal to or review by an administrative authority higher than or independent of the official or office that issued the decision;

            and/or

(b)        a judicial appeal or review of the decision.

2.         The legislation of a Member may require that an administrative appeal or review be initiated prior to a judicial appeal or review.

3.         Each Member shall ensure that its procedures for appeal or review are carried out in a non-discriminatory manner.

4.         Each Member shall ensure that, in a case where the decision on appeal or review under subparagraph 1(a) is not given either:

(a)        within set periods as specified in its laws or regulations; or

(b)        without undue delay

the petitioner has the right to either further appeal to or further review by the administrative authority or the judicial authority or any other recourse to the judicial authority.[2]

5.         Each Member shall ensure that the person referred to in paragraph 1 is provided with the reasons for the administrative decision so as to enable such a person to have recourse to procedures for appeal or review where necessary.

6.         Each Member is encouraged to make the provisions of this Article

 


[1] An administrative decision in this Article means a decision with a legal effect that affects the rights and obligations of a specific person in an individual case. It shall be understood that an administrative decision in this Article covers an administrative action within the meaning of Article X of the GATT 1994 or failure to take an administrative action or decision as provided for in a Member's domestic law and legal system. For addressing such failure, Members may maintain an alternative administrative mechanism or judicial recourse to direct the customs authority to promptly issue an administrative decision in place of the right to appeal or review under subparagraph 1(a).

[2] Nothing in this paragraph shall prevent a Member from recognizing administrative silence on appeal or review as a decision in favor of the petitioner in accordance with its laws and regulations.