ASEAN Single Window - Ready for STM? B A N G K O K J A K A R T A K U A L A L U M P U R M A N I L A S H A N G H A I S I N G A P O R E T O K Y O

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1 1 ASEAN Single Window - Ready for STM? B A N G K O K J A K A R T A K U A L A L U M P U R M A N I L A S H A N G H A I S I N G A P O R E T O K Y O

2 Agenda What is ASEAN Single Window? History of ASEAN Single Window Streamlining Cross Border Trade Expected Benefits Government Businesses What information are exchangeable? How STM can be integrated as part of the benefits Challenges and issues Technical Legal 2

Customs Environment where National Single

customs release and clearance Single and

information Extracted from the agreement

3 What is ASEAN Single Window? Single point of release of cargoes by Customs Environment where National Single Windows operate and integrate ASEAN Single Window Single submission of data and information Single decision making for customs release and clearance Single and synchronous processing of data and information Extracted from the agreement signed by the ASEAN Economic Ministers in the 11 th ASEAN Summit, Kuala Lumpur, December

History of ASEAN Single Window ASEAN Single Window adopted and endorsed during 9

Legal Working Group formed during 1 st ASWSC meeting in March 2007 Seven AMS

D, parallel testing to continue until the end of August 2013 for Member States

the 10 AMS in 2015, in time for the 2015 deadline of the ASEAN Economic Community

established during 14 th meeting of ASEAN Customs Directors-General in November

2005 ASW Technical Working Group follows a 5-year work program ASEAN Single Window

4 History of ASEAN Single Window ASEAN Single Window adopted and endorsed during 9 th ASEAN Summit in October 2003 ASEAN Single Window Technical Working Group and Legal Working Group formed during 1 st ASWSC meeting in March 2007 Seven AMS completed the scaled down pilot testing of data exchange using ACDD and ATIGA Form D, parallel testing to continue until the end of August 2013 for Member States that are ready Full-fledged testing to be done by 2014 and full implementation in the 10 AMS in 2015, in time for the 2015 deadline of the ASEAN Economic Community ASEAN Single Window Steering Committee established during 14 th meeting of ASEAN Customs Directors-General in November 2005 ASEAN Single Window Agreement signed during 11 th ASEAN Summit in December 2005 ASW Technical Working Group follows a 5-year work program ASEAN Single Window Steering Committee was established during the 14th meeting of ASEAN Customs Directors- General in November

5 Streamlining Cross Border Trade Expedited cargo clearance being shipped to, and from ASEAN Integration of economic regions to encourage trade and investment Improved border enforcement Secure and efficient mechanism to reduce the cost of doing business for ASEAN traders Greater transparency, efficiency, and savings in government operations 5

6 Expected Benefits To Government:- A more predictable environment for traders Improved enforcement and better coordinated border management Increased ASEAN competitive edge on cargo clearance turnaround time with implementation of pre-loading, predeparture and pre-arrival customs processing Improved risk and profile management for both trade facilitation and compliance More effective use of government resources 6

7 Expected Benefits (Cont d) To Businesses:- Paperless clearance in ASEAN Pre-arrival clearance, allowing less risk for goods to be rejected upon arrival at destination More efficient supply chain management and integration in ASEAN ASW architecture can be used by future applications, e.g. ASEAN Customs Transit System, e-self Certification, among others including STM in the future? Enable exchange of cargo clearance data with trading partners Complement FTAs by helping to expedite cargo clearance Easier monitoring of permit and quota balance as all data is exchanged electronically 7

Declaration Duty Customs Declaration Duty Other Government Agencies

Insurance Agency Payment National Single Window A Secure Connectivity

Community Manifest Vessel/Flight Handling Info International Link

8 What information are exchangeable? ASW National Single Window Integration Customs Customs Customs Declaration Duty Customs Declaration Duty Other Government Agencies Permit Approval Permit Approval Other Government Agencies Banking and Insurance Agency Payment National Single Window A Secure Connectivity National Single Window B Payment Banking and Insurance Agency Transport Community Manifest Vessel/Flight Handling Info International Link Manifest Vessel/Flight Handling Info Transport Community Commercial Documents Commercial Documents Trading Community Trading Community 8

9 Integrating STM into ASW The current ASW/NSW should be able to cater for STM requirements (documents repository) ASW is a tool that Strategic Trade Management can utilize ASW infrastructure requires upgrading to include STM information:- STM Information stored in ASW repository Export license from AMCs and other originating countries (if applicable) Information on end-user statement/certificate Import certificates (if applicable) Product specifications Other supporting technical documents 9

10 Integrating STM into ASW (1) Implementing STM legislation by all AMS (2) AMS legal agreement on sharing the repository (1) Streamlining STM guidelines across all AMS (2) ASEAN STM Concept Paper Challenges faced Identifying future requirements of STM (1) AMS knowledge on STM? (2) Can ASEAN follow EU? Review of all STM Information stored in NSW repository (1) What to be shared? (2) Data Confidentiality? Existing ASW Issues:- (1) Technical issue (NSW vs ASW) (2) Legal issue 10

11 Technical challenges and issues NSW implementation requires full participation of relevant agencies Technical architectures, both national and regional levels, need substantial support and commitment Implementation of pre-arrival processing, effective risk management and mutual recognition of digital certificates Need to abide by international data harmonization standards, information security policies based on ISO standards and adoption of unique transaction numbers to facilitate track-and-trace procedures Integration of National Trade Repository (NTR) and NSW Implementation of various international program; e.g. Authorized Economic Operator (AEO) programs Free Trade Agreement (FTA) programs Strategic Trade Management (STM) programs 11

12 Legal challenges and issues Lack of adequate ASEAN legislative and regulatory tools for crossborder exchange of trade data in electronic and digital format Legal gaps in domestic law of AMS that may create potential barriers to the full operation of NSW, cross-border interoperability between NSWs and the ASW and legal interoperability of the NSW and nongovernment entities that may participate in the NSW Implementation of mutual recognition agreements Completion of the ASEAN Single Window Legal Framework Protocol 12

13 Thank You 13

14 Disclaimer This presentation is intended only as a guide and does not constitute advice provided by Bryan Cave International Consulting (Asia Pacific) Pte Ltd. [BCIC] In preparing this presentation, we have relied on the relevant provisions of the relevant legislation, the regulations issued thereunder, and judicial and administrative interpretations thereof, where appropriate. These authorities are subject to changes, retroactively and/or prospectively, and any such changes could affect the validity of our presentation. You should seek advice from a consulting professional concerning the specifics of the topics. The pictures and images used in this presentation are downloaded from and and are subject to their terms and conditions. 14

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ASEAN SINGLE WINDOW POTENTIAL IMPACT SURVEY

ASEAN SINGLE WINDOW POTENTIAL IMPACT SURVEY WE ARE IN FULL SUPPORT OF ASW IMPLEMENTATION BECAUSE WE EXPECT TRADE FACILITATION AND RELATED COSTS SAVINGS WILL BE OBTAINED TOGETHER WITH IMPROVED TRANSPARENCY