This will be a column that will seem strange to the reader, and perhaps for a few seconds they may think the link has directed them to a self-help site. But you are not mistaken. The intention is precisely to invite readers to reflect on the need for public-private dialogue between international trade operators and government authorities, particularly customs authorities, to adopt approaches that consider empathy with the positions and needs of others, and to dare to break outdated stereotypes that do not contribute to the development of international trade in the region.
To this end, I'll use a brief personal story. I worked for almost 20 years at Chilean Customs, where I developed my career and acquired my limited knowledge. When I left Customs and joined the private sector, I attended many meetings and seminars. One in particular dealt with leadership in the business sector. At one point during the seminar, I heard the facilitator ask the audience, composed of many businesspeople, what they thought of customs officials. The answer didn't surprise me: lazy, bureaucratic, obstructive, and even corrupt. The opinions hurt me; I'm a customs officer. At the risk of being expelled from the seminar, I raised my hand and asked, "Do you know what customs officials think of international trade entrepreneurs?" Silence. And I replied: that they're cheaters, always trying to avoid paying taxes, corrupt." No one said anything, and I feared for my safety, but I added, if leaders are being formed here and if we want our countries to progress, we must start by breaking with these stereotypes we carry, from both sides, because we make very little progress this way.
For the dialogue promoted by the WTO through the Trade Facilitation Committees, or the WCO through Pillar II of the SAFE Framework, Customs-Private Sector, to be productive and useful, it must start with those sitting at the table trying to break free from stereotypes and, if we were more ambitious, trying to establish an empathetic dialogue, that is, with a willingness to put themselves in the other's shoes, not only to understand their interests but also their needs, and this applies to both the public and private sectors. If committees, commissions, and meetings only serve to formally listen to each other's requests, we are not doing our job well.
When Customs uses the mechanism of publishing regulations before they come into force, but the time for comment is too short and there is no real willingness to listen to and understand the needs of the private sector, the real purpose of this instrument, which can give so much legitimacy to new regulations, is not met.
I know this empathy thing sounds strange in a world filled with technicalities, rules, and procedures, but over the years, I've seen too many times that, in the absence of frank and empathetic dialogue, Byzantine arguments arise; decrees that couldn't be implemented are repealed; judicial or constitutional courts are called in to halt the implementation of regulations; we are inundated with sanctions and fines that make processes more expensive; and ultimately, users are harmed by a system that fails to advance toward profound modernization.
Obviously, generating empathetic dialogue and breaking stereotypes is not a simple exercise; it requires different skills and mechanisms that allow us to build trust and understanding between the parties. Instruments such as the OAS, advance rulings, the publication of regulations, the use of clear and precise language in standards, a sanctioning system based on the principle of due process, and other instruments help us generate spaces of mutual trust, but they are insufficient and could be mere formalities if change is not generated at a deeper level.
These issues, rarely addressed in public-private relations, should be addressed in the dialogue between the private sector and the public sector, especially at a time we are experiencing that is so fraught with aggressive rhetoric and unilateral trade measures, which only weaken the multilateral trading system, which is vital for the countries of our region.
Therefore, this column aims to draw the attention of both private operators and customs officials so that when they next sit down at a technical table, we can generate a dialogue that not only takes into account regulations, costs, and timelines, but also gives us the opportunity to put ourselves in the other's shoes, and thus generate different leaderships that allow for the development of international trade in the region.
Lawyer, Master in International Law from the University of Heidelberg. He worked for almost 20 years in the Chilean Customs, holding various responsibilities. He is an accredited expert of the WCO and is a frequent arbitrator/panelist at the WTO. He is a professor at various universities and the author of various publications on customs and international trade. He is President of the Chilean Institute of International Trade, and is currently Director of Regulatory and Customs Affairs for DHL for Central and South America.
