The simplification, modernization and harmonization of export and import procedures was the focus of attention in Aduana News this 2023. Seven of the most read opinion pieces are related to trade facilitation and the need to eliminate trade restrictions both on the international agenda and in the local situation. Only two deal with issues such as Antidumping and temporary imports. We share the ranking as we prepare the 2024 edition.
1. World Customs Organization and its importance in international trade | Werner Ovalle Ramirez
When we refer to the concepts of foreign trade, international trade or world trade, we refer to the set of economic transactions that include the exchange of goods and services between countries, as well as their internal markets. For our countries, international trade operations are of great importance in the economic development of nations and are closely related to the exchange of products and the movement of resources and capital, which is why they have a great influence on the creation of jobs, public and private investment, as well as the establishment of economic policy in each of the nations.
Since its establishment in 1952, the World Customs Organization (WCO) has been working to improve the efficiency of Customs administrations by developing international standards, promoting cooperation and building capacity to facilitate legitimate trade, ensure fair revenue collection and protect society.
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2. SIRA and SIRASE payments in Chinese yuan | Cdor. Luis Ricardo Demarco
We remind you that on 17/10/2022 a new system for monitoring imports of goods and services will be implemented jointly by the Central Bank of the Argentine Republic (BCRA), AFIP/Customs and the Ministry of Foreign Trade. The Import System of the Argentine Republic (SIRA) is an instrument that facilitates the exchange of information with external organizations that participate in the nationalization of merchandise.
Through this system, AFIP makes available to the agencies involved the information provided by the affected customs users, in order to obtain in advance the necessary information to generate predictability and traceability of the import operations of goods.
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3.INDIRA. The Customs Records Information Exchange System in MERCOSUR | Dr. Hector Juarez Allende
The Customs Records Information Exchange System (INDIRA) is a computer mechanism implemented between the MERCOSUR Member States so that their Customs Administrations can automatically share information by accessing their databases online and in real time.
Its implementation began in August 2004 within the scope of MERCOSUR, legally framed within the provisions of CMC Decision No. 54/04, which instructed the Member States to establish an online interconnection of existing customs management computer systems and to agree on a set of common data for export and import customs operations.
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4. Can Customs penalize exporters for failing to bring in foreign currency? | Dr. Guillermo Vidal Alabarracín
Several months having passed since the start of the application of General Instruction No. 7/2022 by the customs service and taking into account that the context of currency shortage continues and will continue for some time, we allow ourselves to make the following reflections on it.
In this regard, it is worth remembering that said general instruction established a “customs” control system for exporters who do not enter and settle the foreign currency linked to their exports, establishing the following procedural guidelines.
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5. Managed foreign trade. Notes on SIRA | Dr. Juan Patricio Cotter
A report by the Argentine Chamber of Commerce and Services on the Import System of the Argentine Republic (SIRA) has recently been published. The data is alarming and shows that there are serious problems with the supply of inputs, intermediate goods and finished products. This situation affects all industries without distinction.
One only needs to look at some of the data provided by the report to realize that the problem is alarming and there do not seem to be any solutions at hand that would allow us to have a hopeful outlook for the immediate future.
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6. The domestic industry and its definition in the Antidumping Agreement | Dr. Maria Soledad Britti
Among the most relevant provisions established by the Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade of 1994 (Anti-Dumping Agreement), the one referring to the “domestic production branch” stands out. Article 4.1 defines it as “the set of national producers of similar products, or those among them whose joint production constitutes a major proportion of the total national production of said products…”.
When the Agreement uses the expression "a major proportion" within the general conceptualization, the unavoidable question that comes to the reader's mind, and which we will try to answer through this work, is: what percentage of the total national production of a certain product/s should be represented by those producers who claim to be considered as a "national production branch" within the framework of the Antidumping Agreement?
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7. The cost of temporarily importing: insured risk vs premium | Dr. Pablo Sebastian Borgna
Many of the failures linked to what the insurance company must face in the event of definitive importation for consumption1 of the merchandise that was previously imported under the temporary import regime[2], has led me to inquire as to whether the importers contracting the guarantee are (or are not) assuming the “correct insurance premium”, the one that corresponds, that is, the one in accordance with the true risk insured in each specific case.
To introduce this topic, often overlooked by those who calculate the costs of importing merchandise into our customs territory, I propose to analyze different rulings - of peaceful application to customs litigation - and then transfer the economic consequences that they could have if they were projected to the stage of formation of the surety insurance contract for temporary imports.
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8. SAFE Framework in Argentina | Lic. Natalia Iglesias
The SAFE Standard dates back to 2005, following a meeting of the WCO Council in Brussels. However, it was not until 2010 that an independent document was issued that brought together the objectives of the SAFE standard along with the requirements and obligations for Customs, thus achieving the unification of prerogatives for improving security in the supply chain. Around 2012, standards on risks and control in border areas were added, reinforced in the 2021 version for greater incorporation of electronic control capabilities.
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9. MSMEs and their insertion in international trade: a pending challenge in the region | Dr. Fabian Villarroel Rios
A preliminary diagnosis shows that the percentage of participation of MSMEs in international trade in the region is less than 5%, which highlights the need to develop instruments to enhance their incorporation into marketing chains. In fact, in developed countries, companies with less than 250 employees represent 78% of exporters, but only 34% of exports. In developing countries, on the other hand, MSMEs represent only 7,6% of total sales in the manufacturing sector, compared to 14,1% for large manufacturing companies.
Hence the need to generate specific measures, from both the public and private sectors, that allow for an increase in the participation of MSMEs, both from a regulatory point of view, but also from the training, information and possible preferential treatment in terms of rates.
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Other featured opinion pieces in 2023
♦ The MERCOSUR Regime of Origin, hereinafter “ROM” | Lic. Andrea Russo
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♦ Post Clearance Audit as a Trade Facilitation Tool | Lic. Leslye Lemos Fernández
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♦ Preventive suspension of the registry of importers and exporters due to foreign exchange issues |Dr. Rufino Beccar Varela
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♦ Argentine foreign trade faces the possibility of entering the 21st century | Lic. Yanina Lojo
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♦ Artificial intelligence from the perspective of customs law and its importance in some operational procedures | Dr. Mauricio Ruiz Rosado
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Aduana News is the first Argentine customs newspaper to launch its digital version. With 20 years of experience, its publications and initiatives aim to provide the most relevant knowledge on customs issues in order to contribute to safe trade in the region.
