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Transit Customs Regime Diagnosis and Recommendations ... - MCLI

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Draft Report for SSATP –<strong>MCLI</strong> Mozambique <strong>Transit</strong> <strong>Regime</strong> Project<br />

transportation or those commensurate with administrative expenses entailed by transit or with<br />

the cost of services.‖<br />

Jean-Francois Arvis 5 makes the comment that a transit regime is in essence, a public private<br />

partnership by which operators are authorized for transit when they meet a set of criteria <strong>and</strong><br />

provide financial guarantees. In exchange, customs allows unimpeded transit for trucks or<br />

trains. The key requirements for a well-functioning transit system, developed over centuries, are<br />

universal <strong>and</strong> include:<br />

<strong>Customs</strong> should make sure the cargo is secure by sealing appropriately designed vehicles<br />

(closed trailers or containers).<br />

The principal of the transit operation—the owner of the goods, or, more often, his agent (a<br />

freight forwarder or trucker)—should deposit a guarantee (or a bond) covering the value of<br />

taxes <strong>and</strong> duties that would be due in the transit country.<br />

The guarantee may depend on the fiscal risk of the operation: for instance, some products<br />

(such as alcohol) are considered high risk. The guarantee may be set according to the<br />

transit operator, <strong>and</strong> in some cases (such as railways) it may be waived.<br />

<br />

<br />

The regulation of transit operators is needed from both a customs <strong>and</strong> transport<br />

perspective, since the transit operator provides a service that includes both brokerage <strong>and</strong><br />

transport.<br />

<strong>Customs</strong> should properly manage the information on goods in transit <strong>and</strong>, specifically,<br />

should reconcile information on entries into <strong>and</strong> exits from the customs territory. This is<br />

necessary to identify violations <strong>and</strong> potential leakages.<br />

In the same spirit of the public private partnership alluded to by Arvis, a process of<br />

stakeholder engagement facilitated by <strong>MCLI</strong> with the Policy <strong>and</strong> Procedures Department,<br />

the Southern Region, as well as the Single Electronic Window team of the Mozambique<br />

customs department over a period of time has culminated in this project to identify current<br />

constraints <strong>and</strong> bottle necks as well as recommend workable solutions, (legal, policy,<br />

process <strong>and</strong> procedures) to ensure simplicity with regard to benchmarked timelines <strong>and</strong><br />

minimum costs which will ensure that Mozambican ports become the first choice for the<br />

regions importers <strong>and</strong> exporters.<br />

With the objective to deliver a well-documented report with recommendations for transit<br />

legislation revision, <strong>and</strong> to produce an electronic manual which will enhance the competitive<br />

5 World Bank publication - Border management modernisation – Editors - Gerard Mc Linder, Enrique Fanta, David<br />

Widdowson, Tom Doyle – chapter 17 – <strong>Transit</strong> regimes – Jean-Francois Arvis – page 281<br />

P a g e | 11

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