GROUP 2. Imports into ASEAN Membes States and their controls

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Abner Ball
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1 GROUP 2 Imports into ASEAN Membes States and their controls

2 Presentations by Indonesia and Vietnam Followed by discussions amongst: Cambodia, Indonesia, Lao PDR, Malaysia, Philippines, Vietnam and China

3 Pre-Import Declaration by importer demonstrating its due diligence: Information on importer; this including its identification number from the Ministry of Trade (API-P/API-U) and identification number from IDN Customs (NIK) ; Information of port(s) of discharge (POD); Description of its import plan; References to its Pre-Import Due Diligence(s). Pre-Import Due Diligence(s) or Uji Tuntas by importer: Description of import plan from specific exporter with detail of HS code(s) of product(s), species, and country(ies) of processing and country(ies) of harvest; Information of port(s) of loading (POL); Identification of potential risks; Mitigation measures for any identified potential risks with additional documentation demonstrating timber legality; i.e. [1] FLEGT licence; [2] mutual recognition agreement/mra; [3] country specific guideline/csg; [4] recognized certification schemes schemes with specific indicator(s)/verifier(s) confirming its timber legality; or [5] declaration from competent authority. Chart of INDONESIA Import Controls MoEF SILK online Pre-Import Recommendation by the Ministry of Environment and Forestry (MoEF); upon approval of the importer s Pre-Import Due Diligence(s) and Pre-Import Declaration: Information on importer; this including its identification number from the Ministry of Trade (API-P/API-U) and identification number from IDN Customs (NIK); Information of port(s) of discharge (POD); Summary to its Pre-Import Due Diligence(s) and quota for import (ref to its import plan). MoT INATRADE online Import Approval by the Ministry of Trade (MoT) Customs INSW online Customs Frequency checking of documentary checks physical checks Green : Automatic clearance and Yellow : Red : Timber import shipment : [1] Customs declaration for import (PIB); [2] Trading Invoice; [3] Purchase Order (PO); [4] Bill of lading (B/L) or equivalent; [5] Packing list (P/L) of imported products. +MoT Import Approval (control on suppliers and quota) Post customs clearance monitoring: 1. Verification/audit by CAB (ref: IDNTLAS standard for industry/trader: verifiers for import indicators; including the compliance of pre-import documentation and its import implementation); 2. Independent monitoring by CS (ref: PermenLHK 30/2016 and Perdirjen 14/2016 jo 15/2016); 3. Post audit by MoT, coordination with technical ministry; can be in the form of a collaborative team; 4. Monitoring by MoEF (upon indication or ); can consist of government and independent monitor on the monitoring team.

4 VIETNAM TLAS: Chart of timber import controls Timber import shipments [6a] With CITES Permit [6b] With FLEGT License Current Customs Documentation applied to all import shipments: [1] Customs declaration; [2] Trading invoice; [3] Sales contract; [4] Bill of lading or other equivalent shipping document; [5] Packing list of imported products. Customs checking points for imports (*) Without CITES Permit or FLEGT License Criteria for additional documentation requirement based on combination of species and geographic risks Species risk Geographic risk [6c] Self Declaration by importer demonstrating due diligence: Description of shipment; Identification of potential risks related to the legal origin of the shipment; Mitigation measures for any identified potential risks related to the legal origin of the shipment; Additional documentation demonstrating legal origin according to risk status (if required as low species risk combined to low geographic risk leads to no additional documentation requirement). No additional documentation Additional documentation required and/or [7a] Voluntary certification or national certification schemes recognized by VNTLAS [7b] Legal harvesting document in line with law and regulations of country of harvest (HS 4403, 4406, 4407) Route 1: + CITES Permit Route 2: + FLEGT License Route 3: + Self Declaration Route 4: + Self Declaration + Additional documentation documentary checks Route 1: Route 2: Route 3: Route 4: physical checks Green category: Automatic clearance and Yellow category: Red category: (*) in collaboration with FPD if needed Post customs clearance check by competent authorities (FPD, Customs, Market Surveillance, Police) Discretionary and/or [7c] Alternative documentation demonstrating legality of timber in accordance with legislation of country of harvest (in case the harvesting document is not required in the country of harvest for primary products, or importers cannot obtain harvesting document for complex products).

5 Outcome of discussion Countries should be aware of trade partners s and legislation If due diligence is in place If no due diligence in place rely on bilateral dialogue or proactiveness of receiving country Recommendation to ASEAN Explore opportunities for having an ASEAN approach to deal with imports, with similar objectives

INDONESIA EXPERIENCE ON IMPLEMENTATION OF TLA

L/O/G/O INDONESIA EXPERIENCE ON IMPLEMENTATION OF TLA Chiang Mai, 3 July 2018 http://silk.dephut.go.id L/O/G/O KEMENTERIAN LINGKUNGAN HIDUP DAN KEHUTANAN Timber Legality Verification System in Indonesia