International convention and recommendation about Single Window

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2 Introduction According to the Strategic Framework and Working Mechanism of APMEN, one of APMEN s main tasks is to conduct a review on existing literature and work related to E- Ports. Since the legal and political conditions are essential to the efficient operation of E- port, APMEN Operational Centre (AOC) has focused on the international conventions and domestic laws of APEC economies in this field. This report is comprised of two parts. The first part presents the international conventions on Single Window. The second part introduces APEC economies regulations and policies for E- port and other ICT infrastructures, by citing relevant articles from related laws, acts and administrative rulings. These texts are mainly from online legal databases and related government departments websites.

3 Content International convention and recommendation about Single Window... 1 UNCITRAL Convention... 1 Kyoto Convention on Simplification and Harmonisation of Customs Procedures... 1 UN/CEFACT Recommendations... 2 Australia... 4 Customs Legislation Amendment and Repeal (International Trade Modernisation) Bill Electronic Transactions Act Import Processing Charges Bill Canada... 7 Electronic Transactions Act... 7 Customs Act... 7 Beyond the Border Action Plan... 7 People s Republic of China... 8 Customs Law... 8 GACC Announcement No.70, 2014 on Inbound and Outbound Transport and Manifest Supervisions. 8 Announcements on Advancing E-Port Development... 8 The Twelfth Quinquennial Plan for E-Port Development... 9 Hong Kong, China Electronic Transactions Ordinance Import and Export Ordinance Republic of Korea Electronic Trade Facilitation Act Framework act on Electronic Documents and Transactions Customs Act Singapore Electronic Transactions Act (ETA) (Cap 88) Customs Act Authorities the Director-General of Customs Regulation of Imports and Exports Act Goods and Services Tax Act United States Executive Order on 21st Century Trade Facilitation Trade Facilitation and Trade Enforcement Act of Uniform Electronic Transactions Act Vietnam Decree 87/2012/ND-CP Circular 38/2015/TT-BTC Decision No. 48/2011/QD-TTg... 23

4 International convention and recommendation about Single Window UNCITRAL Convention United Nations Commission on International Trade Law (UNCITRAL) formulates and regulates international trade in cooperation with the WTO through their work in the field of electronic transferable records (electronic bills of lading, electronic warehouse receipts, etc.). This work aims to increase connectivity and foster paperless trade. It formed with a goal of setting up an enabling legal environment for the paperless cross- border supply chain. UNITRAL has identified existing legal related issues regarding Government- to- Business electronic transactions that e- government applications (e.g. such as single window facilities) may mandate the use of legal rules different from those of B2B transactions leading to additional compliance cost in applicable legislation. Thus it is necessary to implement a common framework for cross- border trade with a uniform legal framework. With this objective, it has inspire several jurisdictions by two model laws, i.e. UNCITRAL Model Law on Electronic Commerce, and UNCITRAL Model Law on Electronic Signatures. Now adopted in several economies, these Model Laws have three fundamental principles: Non- discrimination of electronic transactions, means a communication shall not be denied validity on the sole ground that it is in electronic form Technology neutrality, that purposes and functions of paper- based requirements may be satisfied with electronic communications, provided certain criteria are met Functional equivalence, where equal treatment of different technologies (EDI, e- mail, Internet, instant messaging, fax, etc.); and if possible to have detailed provisions on technology requirement in the regulations implementing e- commerce legislation. Kyoto Convention on Simplification and Harmonisation of Customs Procedures Adopted by WCO and entered into force in 2006, the revised Kyoto Convention promotes trade facilitation and effective controls through its legal provisions that detail the application of simple yet efficient procedures. It set out core principles including standardisation and simplification of the goods declaration and supporting documents; and maximum use of information technology. CHAPTER 3 CLEARANCE AND OTHER CUSTOMS FORMALITIES The Goods declaration (a) Goods declaration format and contents Standard The contents of the Goods declaration shall be prescribed by the Customs. The paper format of the Goods declaration shall conform to the UN- layout key. For automated Customs clearance processes, the format of the electronically lodged Goods declaration shall be based on international standards for electronic information exchange as prescribed in the Customs Co- operation Council Recommendations on information technology. 1

5 3.18. Transitional Standard The Customs shall permit the lodgement of supporting documents by electronic means. CHAPTER 7 APPLICATION OF INFORMATION TECHNOLOGY 7.1. Standard The Customs shall apply information technology to support Customs operations, where it is cost- effective and efficient for the Customs and for the trade. The Customs shall specify the conditions for its application Standard When introducing computer applications, the Customs shall use relevant internationally accepted standards Standard The introduction of information technology shall be carried out in consultation with all relevant parties directly affected, to the greatest extent possible Standard New or revised national legislation shall provide for: electronic commerce methods as an alternative to paper- based documentary requirements; electronic as well as paper- based authentication methods; The right of the Customs to retain information for their own use and, as appropriate, to exchange such information with other Customs administrations and all other legally approved parties by means of electronic commerce techniques. UN/CEFACT Recommendations United Nations Centre for Trade Facilitation and Electronic Business (UN/CEFACT) has developed Recommendations on Single Window. Among these, Recommendation 33 defined the scope, and identified the benefits with recommendation on using international standards when establishing a single window. It also provides guidelines covering what is a single window, the environment need to be accommodated for implementation, the common models for a Single Window and typical services provided, as well as suggests practical steps for implementing and a few key factors to success. As defined in the Recommendation, a Single Window is a facility that allows party involved in trade and transport to lodge standardised information and documents with a single entry point to fulfil all import, export and transit- related regulatory requirements. If information is electronic, then individual data elements should only be submitted once. Also recognised in the Recommendation 33, most important prerequisites for successful implementation of a Single Window facility are the political will of the government and all the relevant governmental authorities and the full support and participation of the business community, and The basic legal framework, including the introduction of privacy laws and rules providing privacy and security in the exchange of information, will also have to be developed. Particularly, as one of the identified success factors, legally- enabling environment is a pre- requisite for Single Window implementation that related laws and restrictions must be identified and carefully analysed. This may involve changes of legislation, restrictions concerning the sharing of information among authorities and agencies, as well as organisational arrangements for the operation of a Single Window etc. 2

6 Addressing the legal environment, Recommendation 35 is about establishing a legal framework for an international trade single window, reflecting the general legal concerns for single window development. Defined in the recommendation, scope of the legal framework for Single Window involves establishing a Single Window often requires changes to the existing legislation and regulations, for example, laws on electronic submission of documents, electronic signatures including digital signatures, user and message authentication, data sharing, data retention, destruction and archiving and electronic evidence, among others. More practically, Recommendation 35 put forward a few suggestions for governments and those engaged in the international trade and movement of goods to undertake a study to determine appropriate set of measures may need, amend existing legislation, regulations, decrees etc. ensuring most frequent legal issues are included; as well as utilising international standards, legal instrument to create legally environment for International Trade Single Window. A list of legality related sets of issues were pointed out in the Recommendation 35 as: Enabling legislation Authorisation to exchange and share information (in data message) between government agencies both nationally and internationally; Authorisation to access to information by other agencies and governments; Identity management; Privacy and confidentiality requirements in the areas of personality identifiable information and trade and competitive data; Legal validity and authentication of documents exchanged in electronic form; Electronic and digital signature; Cross- border authentication and mutual recognition; Data protection and information security; Data collection, sharing, amendment, deletion, accessibility, retention and archiving; Risk management considerations; Liability issues related to the operation of Single Window Facilities. 3

7 Australia In December 2000, with the plan to implement Cargo Management Re- Engineering Process, Australia Ministry of Justice introduced a package of Bills called Trade Modernisation Legislation Package. The package include the Customs Legislation Amendment and Repeal (International Trade Modernisation) Bill 2000, the Import Processing Charges Bill 2000, and the Customs Depot Licensing Charges Amendment Bill Amendments covers the legal foundation of electronic business environment of cargo management, provide a schedule for the Cargo Management Re- engineering Project, and clarify certain Import Processing Charges for electronic declaration. In addition, the Electronic Transactions Act 1999 has provided validity to electronic means of information giving, production of documents, signature, and recording and retention of information. Customs Legislation Amendment and Repeal (International Trade Modernisation) Bill 2000 The Customs Legislation Amendment and Repeal (International Trade Modernisation) Bill 2000 amend the previous version aiming to: 1) Create the legal foundation for an electronic business environment for cargo management; 2) Establish a new approach to managing compliance that recognises that one size doesn't fit all ; and 3) Improves controls over cargo and its movement where there has been a failure to comply with regulatory requirements. The Communication with Customs is among the several features of the amended Act. The legislation sets out how people will electronically communicate with Customs, and propose to allow people to communicate with Custom using a variety of connection options, such as Internet. This reflects that the amendments recognise the significant changes technology and business practices, the amendment will allow industry to utilise these advances. Specifically, in section 126D of the Act, it requires CEO (Chief Executive Officer of Customs) to maintain information system: (1) The CEO must establish and maintain such information systems as are necessary to enable persons to communicate electronically with Customs. (2) The CEO must determine, and cause to be published in the Gazette: (a) The information technology requirements that have to be met by persons who wish to communicate with Customs electronically; and (b) The action that a person has to take in order to verify the receipt of information communicated to Customs electronically; and (c) The information technology requirements that have to be met to satisfy a requirement that a person s signature be given to Customs in connection with information when the information is communicated electronically; and (d) The information technology requirements that have to be met to satisfy a requirement that a document be produced to Customs when the document is produced electronically. (3) The CEO may: (a) Determine alternative information technology requirements that may be used; and (b) without limiting paragraph (a), determine different information technology requirements that may be used in different circumstances or by different classes of persons. 4

8 It also adds new section 126E of the Act requires the CEO to Gazette: 1) the information technology requirements that have to be met by a person wishing to communicate information with Customs; 2) the action a person has to take to verify the receipt of information communicated to Customs; 3) the information requirements that have to be met to satisfy a requirement that a person has "signed" an electronic communication; and 4) Information technology requirements to be met to satisfy a requirement that a document be produced to Customs when that document is produced electronically. These requirements are set to ensure electronic communications are secure, and as far as practicable protected from corruption. The amended Bill also sets out a schedule of Cargo Management Re- Engineering project, which gives effect to the terms of the Kyoto Convention. Electronic Transactions Act 1999 The community of the CEO s Requirements that must be met before communications can be sent to Customs electronically is permitted in Part 2 - Application of legal Requirements to Electronic Communications of the Electronic Transaction Act 1999, covering aspects such as Information giving, Signature, and Production of documents etc. Some of the relevant articles are abstracted from Part 2, Division 2 as follows: If, under a law of the Commonwealth, a person is required to give information in writing, that requirement is taken to have been met if the person gives the information by means of an electronic communication ; If, under a law of the Commonwealth, a person is permitted to give information in writing, the person may give the information by means of an electronic communication If, under a law of the Commonwealth, the signature of a person is required, that requirement is taken to have been met in relation to an electronic communication if: (a) in all cases a method is used to identify the person and to indicate the person s intention in respect of the information communicated; and (b) in all cases the method used was either: (i) as reliable as appropriate for the purpose for which the electronic communication was generated or communicated, in the light of all the circumstances, including any relevant agreement; or (ii) proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence; and (c) if the signature is required to be given to a Commonwealth entity, or to a person acting on behalf of a Commonwealth entity, and the entity requires that the method used as mentioned in paragraph (a) be in accordance with particular information technology requirements the entity s requirement has been met. If, under a law of the Commonwealth, a person is required to produce a document that is in the form of paper, an article or other material, that requirement is taken to have been met if the person produces, by means of an electronic communication, an electronic form of the document ; If, under a law of the Commonwealth, a person is permitted to produce a document that is in the form of paper, an article or other material, then, instead of producing the document in that form, the person may produce, by means of an electronic communication, an electronic form of the document 5

9 The Act has also addressed specific issues such as information integrity, copyright, recording and retention of information by provisions: the integrity of information contained in a document is maintained if, and only if, the information has remained complete and unaltered, apart from: (a) the addition of any endorsement; or (b) any immaterial change; which arises in the normal course of communication, storage or display The generation of an electronic form of a document does not constitute an infringement of the copy right in a work or other subject matter embodied in the document If, under a law of the Commonwealth, a person is required to record information in writing, that requirement is taken to have been met if the person records the information in electronic form where: (a) in all cases at the time of the recording of the information, it was reasonable to expect that the information would be readily accessible so as to be useable for subsequent reference; and (b) if the regulations require that the information be recorded, in electronic form, on a particular kind of data storage device that requirement has been met. If, under a law of the Commonwealth, a person is required to retain, for a particular period, a document that is in the form of paper, an article or other material, that requirement is taken to have been met if the person retains an electronic form of the document throughout that period Import Processing Charges Bill 2000 Also among the Trade Modernisation Legislation Package, Import Processing Charges Bill 2000, in which differentiate the import declaration charge through electronic means from the charge on documentary base, in Section 5 (3) of the Act: For an electronic import declaration that relates to goods to which section 68 applies: (i) If the value of the goods is more than $250 (or such other amount as is prescribed) but not more than $1,000 (or such other amount as is prescribed) $23.20 or such other amount (not exceeding $34.80) as is prescribed; or (ii) If the value of the goods is more than $1,000 (or such other amount as is prescribed) $29.25 or such other amount (not exceeding $43.85) as is prescribed; or For a documentary import declaration that relates to goods to which section 68 applies $60.00 or such other amount (not exceeding $90.00) as is prescribed. 6

10 Canada Similarly, Acts on electronic transactions and Customs are also enacted in Canada with provisions on recognition and requirements of electronic data; At the same time, the Action Plan between Canada and United States Electronic Transactions Act The Act provide recognition and requirements for data to be submitted or retention in electronic form. Article 10 Legal Recognition of information and records in electronic form Information or a record to which this Act applies must not be denied legal effect or enforceability solely by reason that it is in electronic form. Article 11 Legal requirements that information or record be in writing A Legal requirements that information or a record be in writing is satisfied if the information or record is (a) in electronic form, and (b) accessible so as to be usable for subsequent reference. Article 17 Legal requirement re retention of records (1) A legal requirement to retain a record that is originally created, sent or received electronically is satisfied by the retention of a record in electronic form if Customs Act 8 Declaration Electronic Filing 2) A person who is required to file or otherwise provide forms under this Act or the customs Tariff and who meets the criteria specified in writing by the Minister may file with the Minister in the prescribed manner an application, in the prescribed form with the prescribed information, for authorisation to file or other wide provide the forms by way of electronic filing. 3) If the Minister is satisfied that a person who files an application under subsection 2) meets the criteria referred to in that subsection, the Minister may, in writing, authorise the person to file or otherwise provide forms by way of electronic filing, subject to such conditions as the Minister may at any time impose. 8) The Governor in Council may, on the recommendation of the Minister, make regulations in respect of electronic systems or any other technology to be used in the administration of this Act or Customs Tariff Beyond the Border Action Plan The Beyond the Border Action Plan was between the Canada Border Services Agency (CBSA) and the United States Customs Border Protection (US CBP). Among the 32 initiatives announced under the plan, Single Window Initiative is the one that will facilitate trade by aligning regulatory approaches to protect health, safety and environment while supporting economic growth. 7

11 People s Republic of China Customs Law In 2000, Customs Act was amended, where in its Section 3, Article 25 stipulated: Declaration for import and export goods shall be made in paper form and by electronic means. Thus provide the legal validity of electronic data. GACC Announcement No.70, 2014 on Inbound and Outbound Transport and Manifest Supervisions The General Administration of Customs of China (GACC) announced in 2014 the matters concerning the supervision over inbound and outbound means of transport and over cargo/article manifests, with detailed requirements designed to standardise across China on issues with respect to document requests, data management, deadlines, etc. The supervisions cover manifest reporting, bill of lading reporting and the usage of e- port platform. Article 1 Enterprises shall, within the prescribed time limit, accurately transmit to the Customs electronic manifest data for inbound and outbound shipments and of the goods/articles carried therein in accordance with relevant filing specifications. Article 3 An enterprise shall, before the shipment of its import or export goods, prepare paper- made or electronic version of its overall or separate bills of lading and shall transmit all the electronic data to China Customs within a time limit, including the electronic data of separate bills of lading; if there is no separate bills, the manifest transmitter shall provide the information of all goods/articles under an overall bill of lading through the manifest management system s commodity description data entry and then transmit to the Customs. Article 7 The manifest transmitter shall transmit the electronic data regarding allocation of inbound and outbound empty containers; where the empty containers are not actually loaded/unloaded as per the transmitted data, the transmitter shall undertake alteration of those electronic data with the Customs. Article 12 The transmitter may transmit the data over China E- port platform. The Customs will not collect fees from their receipt of the data transmission and from modification of the manifest data with customs units. Announcements on Advancing E- Port Development 1 In 2005 and 2006, General Administration of Customs of China (GACC) and China State Council made two announcements respectively on advancing the development of e- port. The two announcements clarified two levels of China E- port development, where national level e- port aims to realise the data sharing and online verification among State Departments, the integrated information platform only provides data and information services relevant to customs clearance procedures while other department information still remains in their internal information systems; on the other side, local level e- port development shall involve local government departments and enterprises to integrate core customs process and related logistics services into one platform. The measures proposed to be taken include: unify e- port user account authentication, enrich resource sharing, increase investment in e- port 1 关于加快推动地方电子口岸建设的通知 和 国务院办公厅关于加强电子口岸建设的通知 8

12 construction, speed up the e- port physical or virtual platform construction, and assure e- port data and system security. Working mechanism was set up by the two announcements that China e- port development coordination advisory committee was formed constitutes of state departments with deputy secretariat of State Council as director. The Twelfth Quinquennial Plan for E- Port Development 2 In 2012, China State Council published The Twelfth Quinquennial Plan for E- Port Development defining main tasks for e- port development and putting forward key projects, for national level e- port and local level respectively, during the twelfth quinquennium thus providing national level policy support to e- port development and management. According to the plan, main tasks include: I. Make steady progress in development of central level e- port 1. Establish cross departmental information sharing database, including import and export enterprise credit database and port management related policy and regulations information database. 2. Progress the construction of cross- departmental interconnected projects. on basis of existing e- port, strengthen the connectivity and information sharing, expanding inter- departmental collaboration, promoting paperless business processes and improve capability of port enforcing. 3. Support local e- port great customs clearance project development. E- Port committee members are required to open related clearance and regulatory information, open data interchange API and message standards and verification rule, provide enabling environment for the application of local e- port. II. Actively advance the development of local e- port 1. Establish clearance and logistics status information database 2. Progress integrated service projects, advance the collaboration among governing bodies and transport business communities, propel cooperation local e- port and local e- commerce public service platform, to carry out collaborative work on logistics activities from e- packing list, e- delivery order, online booking, information inquiry etc. 3. Promote interconnectivity and balanced development. Realise regional local e- port resource sharing and collaboration. III. Develop e- port related infrastructure 1. Expand network coverage 2. Supporting system construction, optimise server, storage facility, database etc improve extensibility, manageability and usability formulate data exchange, safety authentication, communication infrastructures 3. Enhance information security assurance. 2 电子口岸发展 十二五 规划 9

13 4. Explore cloud- based e- port service mechanism integrating resources, exploring cloud- computing, cloud storage etc 5. Advance integrated e- port customer services. Besides, the plan has also put forward the assurance measures including leadership empower, responsibility clarification, finance support, propel legal environment construct and enhance communication. 10

14 Hong Kong, China Electronic Transactions Ordinance In 2000, Hong Kong China government released Electronic Transactions Ordinance which provide electronic data and defined the way of electronic transaction after three years since start- up of electronic trading services which required industries to submit common trade documents to government through private service providers. Section 11 (2) The Secretary may, in relation to an Ordinance to which this Ordinance applies, specify by notice published in the Gazette (a) the manner and format in which information in the form of an electronic record is to be given, presented or retained for the purposes of that Ordinance or a class or description of requirements or permissions in that Ordinance; and (b) the procedures and criteria for verification of the receipt of that information and for ensuring the integrity and confidentiality of the information. Import and Export Ordinance The Import and Export Ordinance (CAP 60) of Hong Kong China has provided the guidance on aspects including the duty for cargo reporting with electronic means. Section 15 Duty to provide particulars of all cargo (1) A person specified... in relation to a vessel, aircraft, or vehicle shall, on any occasion that the vessel, aircraft or vehicle is entering or leaving Hong Kong (1B) For the purpose of any requirement under subsection (1)(a) to furnish a member of the Customs and Excise Service with a manifest, the manifest. May be given or sent to the member of the Customs and Excise Service in the form of an electronic record but only if the manner and format in which the information is given or sent comply with any requirements specified under section 11(2) of the Electronic Transactions Ordinance in relation to this Ordinance 11

15 Republic of Korea In 2005, the Republic of Korea took another step to pass the Electronic Trade Facilitation Act and went into effect in This has become a crucial legislation support to paperless trading, along with the Electronic Transaction Act and the Foreign Trade Law. Currently, electronic services regarding trade in Korea are all supported by the relevant established legislation frameworks i.e. 1) Electronic Trade Facilitation Act; 2) Customs Act; 3) Commercial Act; 4) Foreign Trade Act; 5) digital signature act; 6) Framework act on electronic commerce; 7) Framework Act on Electronic Commerce. Act Description Electronic Trade Facilitation Fundamental Act on Paperless Trade Act Internet-based infrastructure for paperless trade Duty to use Paperless Trading Infrastructure Framework Act on Electronic Legal Validity on electronic documents Commerce Policies on promoting electronic transactions Digital signature Act Definition and legal validity of electronic documents and digital signature Guideline for operating public certification authority Act on Promotion of Guideline for building and using information network Information and Guideline for data privacy Communication Network Utilisation and Information Protection Provision on Electronic Bill of Legal validity on B/L Lading in Commercial Law Logical basis for circulating electronic documents overseas (e.g. e-b/l Guideline for operating e-b/l registration authority Electronic Trade Facilitation Act The purpose of this Act is to streamline trade procedures, rapidly circulate trade information and reduce time and costs of handling trade business by creating grounds for electronic trade and facilitating the wide use thereof, thereby enhancing the international competitiveness of domestic industries and contributing to the growth of the national economy. The Act has addressed several aspects and serve as the fundamental Act on Paperless Trade, defining internet- based infrastructure for paperless trade and duty to use Paperless trading infrastructure, addressing issues including the use, validity, security of electronic trade documents. Some of the relevant provisions are abstracted as follows: Article 12 Use, etc. of Electronic Trade Infrastructure (2) A trader or trade- related agency seeking to carry out trade affairs by means of electronic trade documents may use electronic trade infrastructure: Provided, That when they conduct any of the following business affairs using electronic documents, such affairs shall be carried out via electronic trade infrastructure: 1. Notification of a letter of credit by institutions dealing with foreign exchange affairs; 2. Issuance of a letter of guarantee by institutions dealing with foreign exchange affairs; 3. Opening of a local letter of credit by institutions dealing with foreign exchange affairs; 4. Issuance of a written requirement confirmation by institutions involved in the confirmation of requirements for export and import found in the consolidated public notice 5. Issuance of a written purchase confirmation pursuant to Article 18 of the Foreign Trade Act; 6. Issuing a certificate of origin pursuant to Article 37 of the Foreign Trade 12

16 Act 7. Issuance of marine cargo insurance policies pursuant to subparagraph 2 of Article 695 of the Commercial Act; 8. Issuance of written cargo delivery instructions to outer port cargo transport business entities under Article 24 (2) of the Marine Transportation Act and to consignees who have each filed a report on the opening of his/her branch office in Korea pursuant to Article 26 of the same Act. (2) Where traders and trade- related agencies intend to conduct trade affairs using electronic trade infrastructure, they shall use standardized electronic trade documents under Article 13. (3) The Korea Customs Service shall link its work to the business affairs of electronic trade infrastructure business entities by transmitting certificates of completion of report under Article 248 (1) of the Customs Act, certificates of origin issued by the heads of the competent customs office pursuant to Articles 37 and 52 (1) of the Foreign Trade Act, and documents used for confirmation under the proviso to paragraph (1) 4 to electronic trade infrastructure in the form of electronic documents (4) An electronic trade infrastructure business entity may provide anyone, who intends to send or receive electronic trade documents after being commissioned by a trader, with access to electronic trade infrastructure. Article 13 Standardisation of Electronic Trade Documents (1) The Minister of Trade, Industry and Energy shall standardize electronic trade documents and publicly notify them in order to facilitate electronic (2) Matters concerning the details and targets of, and the procedures for, the standardization of electronic trade documents pursuant to paragraph (1) shall be prescribed by Presidential Decree. Article 14, 15, 16 Validity (1) Where a trader or trade- related agency deals with an application etc., or approval etc., by means of electronic trade documents via electronic trade infrastructure, such applications etc. or approval etc. shall be deemed to have been processed according to the procedures set by trade- related Acts and subordinate statutes, etc. (2) Electronic trade documents applied, etc. or approved etc. by any trader or trade- related agency via electronic trade infrastructure shall be deemed to be documents processed according to the procedures set by trade- related Acts and subordinate statutes, etc. (3) Where an electronic trade infrastructure business entity keeps electronic trade documents, such electronic trade documents shall be deemed to have been kept pursuant to Article 5 (1) of the Framework Act on Electronic Documents and Transactions; Where an electronic trade infrastructure business entity intends to use his/her digital signature in order to keep electronic trade documents, he/she shall use his/her certified digital signature under subparagraph 3 of Article 2 of the Digital Signature Act. Article 20 Security (1) No person shall forge or alter any electronic trade document recorded in the computer files of an electronic trade infrastructure business entity, a person commissioned by a trader with the affairs of sending or receiving electronic trade documents (hereinafter 13

17 referred to as a person sending or receiving electronic trade document ), a trader, or a trade- related agency, or any trade information entered in their database, or use forged or altered electronic trade document or information. <Amended by Act No , Feb. 3, 2015> (2) No person shall make a certificate referred to in Article 17 (1) by means of information processing, etc. after entering false information or an improper order in a computer or any other information- processing device of any electronic trade infrastructure business entity. (3) No person shall damage any electronic trade document recorded in the computer files of an electronic trade infrastructure business entity, a person sending or receiving electronic trade document, a trader, or a trade- related agency, or any trade information entered in their databases, or infringe on their business secret. <Amended by Act No , Feb. 3, 2015> (4) No current or former executive officer or employee of an electronic trade infrastructure business entity shall reveal or abuse any confidential information on the electronic trade documents or trade information which he/she has become aware of in the course of their duties. (5) Each electronic trade infrastructure business entity shall keep its electronic trade documents and databases intact for three years. Framework act on Electronic Documents and Transactions The Act provides Legal Validity on electronic documents and Policies on promoting electronic transactions. Article 4 Validity of Electronic Documents An electronic document shall not be denied its validity only because it takes an electronic form Where any activity to record, report, deposit, keep or prepare, etc. under the provisions of Acts... has been made by electronic documents, it shall be deemed that activities under the relevant Acts have been conducted. Article 5 Custody of Electronic Documents In Cases where electronic documents meet the following requirements, the custody of such electronic documents may take the place of the custody of documents prescribed by the relevant Acts and subordinate statutes: Details of electronic documents shall be offered for public perusal; electronic documents shall be preserved in the form when prepared, transmitted or received, or in the form reproducible same as that; and in cases where matters concerning an originator, an addressee and the time of transmission or receipt of electronic documents are included therein, such parts shall be preserved. Customs Act In Customs Act, there are provisions in regard to electronic means of declaration, where: Article 248 Acceptance of Declaration the relevant declarant may directly receive a declaration completion certificate using the electronic data- processing equipment, as determined by the Commissioner of the Korea Customs Service. 14

18 Article 327 Construction and Operation of Comprehensive Customs Duties Information Network of Korea (1) The Commissioner of the Korea Customs Service may construct and operate the Comprehensive Customs Duties Information Network of Korea... concerning electronic data- processing equipment and database to promote convenience of the electronic customs clearance and to seek the facilitation of exports and imports and the safety of trade through exchanges of the customs information with foreign customs. (2) The head of a customs office may require a person to declare, apply, report, pay, etc. under this Act and to apply for the certification and confirmation of goods requiring permission, approval or fulfilment of other conditions under statutes (hereinafter referred to as "electronic declaration, etc.") by using electronic data- processing equipment of the Comprehensive Customs Duties Information Network of Korea, as determined by the Commissioner of the Korea Customs Service. (3) The head of a customs office may deliver, inform on, notify of, etc. (hereinafter referred to as "electronic delivery") approval, permission, acceptance, etc. of electronic declarations, etc. by using electronic data- processing equipment of the Comprehensive Customs Duties Information Network of Korea, as determined by the Commissioner of the Korea Customs Service. (4) When an electronic declaration, etc. is filed, the related documents may be presented through the electronic data- processing equipment of the Comprehensive Customs Duties Information Network of Korea, or their submission may be omitted or simplified, as determined by the Commissioner of the Korea Customs Service. (5) An electronic declaration, etc. filed pursuant to paragraph (2) shall be deemed to have been accepted by a customs office when such electronic declaration, etc. is stored in electronic data- processing equipment determined by the Commissioner of the Korea Customs Service and the electronic delivery shall be deemed to have been made to a person entitled to taking such delivery when the electronic delivery is input in the computer designated by the person entitled to taking the delivery (when the electronic delivery is stored in the electronic data- processing equipment of the Comprehensive Customs Duties Information Network of Korea in cases where such electronic delivery is stored in such electronic data- processing equipment of the Comprehensive Customs Duties Information Network of Korea, as determined by the Commissioner of the Korea Customs Service). (6) The electronic delivery shall be made only when a person entitled to taking such delivery applies for such electronic delivery, as prescribed by Presidential Decree. (7) Notwithstanding paragraph (6), if the electronic data- processing equipment of the Comprehensive Customs Duties Information Network of Korea breaks down or the grounds prescribed by Presidential Decree exist, such electronic delivery may be made by means of delivery, a person or mail. (8) Necessary matters concerning the specific scope and methods of the electronic delivery pursuant to paragraph (6) shall be prescribed by Presidential Decree.. The Commissioner of the Korea Customs Service may determine standards for electronic documents concerning the electronic declaration, etc. and electronic service for the efficient exchanges of the customs information among countries pursuant to Article 255-3, in 15

19 consideration of the matters prescribed by international organizations, including but not limited to the World Customs Organization. Apart from the above legislations, The Digital Signature Act provides definition and legal validity of electronic documents and digital signature; and gives guideline for operating public certification authority; Act on Promotion of Information and Communication Network Utilisation and Information Protection provides guideline for building and using information network and guideline for data privacy as well as set a series of articles that related to practical aspects for promotion, including system construction for Joint Utilisation of Information, Projects for Promoting Utilisation of Internet and Communications Networks. And Commercial Law set provision on Electronic Bill of Lading to provide Legal validity on B/L, Logical basis for circulating electronic documents overseas (e.g. e- B/L) and Guideline for operating e- B/L registration authority. 16

20 Singapore The legal basis for TradeNet as the national single window in Singapore is found in several legislative provisions. Electronic Transactions Act (ETA) (Cap 88) The ETA is based on the UNCITRAL Model Law on Electronic Commerce and provides for the legal recognition of the electronic functional equivalents of written documents and written signatures through a number of provisions. Firstly Section 47(1) of the Electronic Transaction Act provides that any department or ministry of the Government, organ of the State or statutory corporation that accepts the filing of documents or requires that documents be created or retained pursuant to any written law, may accept the filing, creation or retention of such documents in the form of electronic records. Section 47(1) Acceptance of Electronic Filing and Issues of Documents Any department or ministry of the Government, organ of State or statutory corporation that, pursuant to any written law a) accepts the filing of documents, or requires that documents be created or retained; b) Issues any permit, licence or approval; or c) Provides for the method and manner of payment, may, notwithstanding anything to the contrary in such written law (i) Accept the filing of such documents, or the creation or retention of such documents in the form of electronic records; (ii) Issue such permit, licence or approval in the form of electronic records; or (iii) Make such payment in electronic form. Customs Act Authorities the Director- General of Customs Various provision in the relevant legislation such as Customs Act, provide authorisation for the establishment and operation of a computer service and for the relevant documents (e.g. manifest, return, list, statement, declaration, direction, notice, permit, receipt) to be made, served or submitted by electronic means. Section 86 (1) The Director- General may establish and operate a computer service and make provision for any manifest, return, list, statement, declaration, direction, notice, permit, receipt or other document required or authorised by this Act to be made, served or submitted by electronic transmission (referred to in this Act as an electronic notice). Regulation of Imports and Exports Act The regulations has ruled that director- general may determine the means of submitting relevant documents related to import and export such as permissions, manifest, certificates by below provision: 40 Furnishing of documents 17

21 (1) Where (a) an application under these Regulations is to be made in a manner determined by the Director- General; or (b) any other document is required to be submitted to the Director- General or any other party in a manner required by the Director- General, The Director- General may determine or require such application or document be made or submitted by electronic notice or any other manner as the Director- General thinks fit. Goods and Services Tax Act Apart from the above, Section 42 of the Goods and Service Tax Act authorises the Comptroller of Goods and Services Tax to provide an electronic service for the filing or submission of any return, declaration or document, and the service of any notice, direction, order, permit, receipt or document by the Comptroller. 18

22 United States Executive Order on 21st Century Trade Facilitation Section 1 Policy. It is the policy of the United States to promote commerce through the effective implementation of an ambitious 21 st century trade agenda In particular, we must increase efforts to complete the development of efficient and cost- effective trade processing infrastructure, such as the International Trade Data System (ITDS), to modernise and simplify the way that executive departments and agencies interact with traders Section 3 International Trade Data System The ITDS, as described in section 405 of the Security and Accountability for Every Port Act of 2006, is an electronic information exchange capability, or single window, through which businesses will transmit data required by participating agencies for Importation or exportation of cargo. that the ITDS has the operational capabilities to enable users to: 1) transmit a harmonised set of import and export data elements, to be collected, stored, and shared, via a secure single window, to fulfil U.S. Government requirements for the release and clearance of goods; and (ii) define the standard set of data elements to be collected, stored, and shared in the ITDS; and continue to periodically review those data elements in order to update the standard set of data elements, as necessary Trade Facilitation and Trade Enforcement Act of 2015 Section 107 International Trade Data System In general the Secretary shall work with the head of each agency participating in the ITDS and the Interagency Steering Committee to ensure that each agency (i) develops and maintains the necessary information technology infrastructure to support the operation of the ITDS and to submit all data to the ITDS electronically; (ii) enters into a memorandum of understanding, or takes such other action as is necessary, to provide for the information sharing between the agency and U.S. Customs and Border Protection necessary for the operation and maintenance of the ITDS; (iii) not later than June 30, 2016, identifies and transmits to the Commissioner responsible for U.S. Customs and Border Protection the admissibility criteria and data elements required by the agency to authorise the release of cargo by U.S. Customs and Border Protection for incorporation into the operational functionality of the Automated Commercial Environment computer system. (iv) not later than December 31, 2016, utilises the ITDS as the primary means of receiving from users the standard set of data and other relevant documentation, exclusive of application for permits, licenses, or certifications required for the release of imported cargo and clearance of cargo for export Uniform Electronic Transactions Act Section 7 Legal Recognition of Electronic Records, Electronic Signatures, and Electronic Contracts This section sets forth the fundamental premise of this Act: namely, that the medium in which a record, signature, or contract is created, presented or retained does not affect it s legal significance. 19

23 (a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form Section 18 Acceptance and Distribution of Electronic Records by Governmental Agencies (a). Each governmental agency / designated state officer of this State shall determine whether, and the extent to which it/a governmental agency will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use and rely upon electronic records and electronic signatures. 20

24 Vietnam Decree 87/2012/ND- CP The decree by Vietnam Customs detailed a number of articles of the Customs Law of the electronic customs procedures for export and import trade. It defines the rights and obligations of declarants and the responsibility of government bodies on development and operations of electronic data processing system. Article 4 Rights and obligations of e- customs declarants 1. Rights of e- customs declarants a) To be prioritized to make declaration when customs offices decide to examine in detail customs dossiers or inspect goods; b) To make e- customs declaration round the clock and receive feedback from customs offices directly via the e- customs data processing system c) To use documents printed out from the e- customs declaration system (stamped and signed by e- customs declarants) d) To choose the method of paying customs fee and other fees that customs offices collect on behalf of associations or institutions (if any) for each customs declaration form or paying such fees on a monthly basis; e) To be provided by customs offices with information on the progress of processing e- customs dossiers via the e- customs data processing system. 2. Obligations of e- customs declarants a) To keep e- documents of customs dossiers (including their copies) under the Law on E- Transactions and relevant legal documents; to provide e- documents related to imports and exports to customs offices for examination and inspection according to their competence; b) When the law requires submission of paper documents to customs offices when carrying out e- customs procedures, to sign and stamp in such documents and bear responsibility before law for the accuracy and truthfulness of such documents; c) When carrying out e- customs procedures, to use the digital signatures already registered with customs offices. The Ministry of Finance shall stipulate the roadmap for applying digital signatures when carrying out e- customs procedures. d) To satisfy the conditions on information technology and e- customs declaration skills. When these conditions cannot be satisfied, to carry out e- customs procedures via capable customs agents. Article 6 The e- customs data processing system The Ministry of Finance shall assume the prime responsibility for, and coordinate with relevant parties in, specifying responsibilities of each party in establishing, managing, operating and using the e- customs data processing system; specifying conditions on information technology and e- customs declaration skills for e- customs declarants. Article 10. Receipt, examination, registration and classification of e- customs declaration forms 1. The e- customs data processing system shall receive, examine and register e- customs declarations round the clock... 21