Limba Engleza Unitatea IV

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4. CUSTOMS LAW AND IMMIGRATION LAW

Specific objectives:

At the end of the chapter you will be able to:

• analyse very important issues, such as: European Commissioncustoms code, export and import duties, the origin of goods,

various laws and provisions, immigration and immigration law,immigration services and various types of offences

• read and translate various texts

• correctly use Verb + Preposition/Adverb Combinations (with “up”and “down”) and phrasal verbs.

Estimated time for individual study: 3 hours

.

4.1. Customs Law

4.2. Immigration Law

4.3. Vocabulary Practice

4.4. Grammar

Specific objectives

Summary

Self-evaluation tests

Bibliography



Alina Cheşcă Customs Law and Immigration Law

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4.1. Customs Law in the U.K.

Read the following text:

One of the basic features of customs la w is the imposition of import duty as aform of indirect taxation. There is also provision in the EC (EuropeanCommunity) customs code

for the collection of export duty, but in practice

these are rarely applied. Advanced economies perceive a charge on exports as adisincentive, which puts a brake on home industries." However, they havefeatured in the form of agricultural levies and other export charges as adisincentive, which puts a brake on home industries." However, they havefeatured in the form of agricultural levies and other export charges appliedunder the common agricultural policy of the EC. Duties which are legally owedto a national customs authority give rise to a customs debt. In all cases withinmember states these are based on the customs tariff of the EC (art. 20, ECcustoms code). In the UK this takes the form of the integrated tariff of the UKknown shortly as “the tariff.”

Broadly this deals with the nomenclature of goods: rates and other items ofcharge normally applicable to goods covered by the nomenclature; preferentialtariff arrangements; suspensive measures providing for reduction in or relieffrom certain import duties; and other tariff measures. A key consideration inarriving at import duty liability is the origin of goods, and the categoriesdefined as 'goods wholly obtained in a country' are set out at art. 23 of the ECcustoms code. Goods whose production involved more than one country shallbe considered to originate in the country where they underwent their lastsubstantial, economically justified processing or working in an undertakingequipped for that purpose and resulting in the manufacture of a new product or

representing an important stage of manufacture. The rules on preferentialorigin are in general laid down in the particular agreement setting up thepreferential arrangement.

Another key customs discipline is valuation, which is the subject of Chapter 3of the EC customs code. A complex series of rules has been devised to arrive atthe correct value on importation. These are to be applied ill sequence until theappropriate rule is applied. Art. 33 of the code sets out certain charges whichare not to be included in the customs valuation, provided that they are shownseparately from the price actually payable. These matters include transportationafter arrival at the port, of importation, post-importation charges for

construction, erection, assembly etc., and certain charges for interest under afinancing arrangement.

(from A Trading Nation, by Gavin McFarlaine, in the Gazette, 24 March 1993,p. 17)




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For a better understanding of grammar and for vocabulary practice

Words and Phrases

disincentive n - act de descurajare, neîncurajare

brake n - frână

feature v - a caracteriza; a prezenta, a avea un rol proeminentlevy n - strângere de impozite; percepere a impozitelor

debt n - datorie

relief n - uşurare; scutire (de taxe)

liable adj- supus (unei taxe); răspunzător; susceptibil; pasibil

undergo v - a suferi; a îndura, a trece prin

processing n – prelucrare

equip v - a echipa; a dota, a înzestra

valuation n - evaluare; apreciere

devise v- a inventa; a născoci; a concepe

actually adv - în fapt, de fapt; în realitate

section n - înălţare; ridicare; construire

assembly n - asamblare; adunare (persoane adunate)

interest n - dobândă

to perceive a charge - a percepe o taxă

to give rise to - a da naştere lasuspensive measures - măsuri de suspendare

relief from import duties - scutire de taxe vamale de import

the rules are laid down - legile sunt formulate

the agreement sets up - contractul stabileşte

provided that - cu condiţia ca

Key Structures

Verb + Preposition/Adverb Combinations

Examples

Combinations with down

1.

The rules are laid down in the agreement.

2. The agreement sete up the preferential arrangement.

3. The car broke down.




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4. She broke down after her mother's death.

5.

The building was burnt down in the explosion,

6.

You spend too much; you have to cut down your expenses.

7.

Prices have gone down lately,

8.

She looks down on people; that's why she is so unpopular,9. He dictated and I took it down.

10.

She turned down his invitation to the dinner party,

11.

Turn down the radio if you are not listening to it.

Combinations with up

12. The party broke up after midnight.

13. The waiter drew up the bill.

14. You must give up smoking.

15.

He made up a list of the things he needed.

16.

She made up her face.

17.

They made up their quarrel.

18. You have to study thoroughly to make up for your long absence.

19. Last summer when I went to Mamaia I put up at the Park Hotel.

20.I can put you up at my place.

21. You have to put up with this difficult situation.

Translations of the above Verb + Preposition/Adverb

Combinations

To break down means "a avea o pană de maşină", as in Example 3, or "a avea odepresie nervoasă", as in Example 4. To burn down means "a arde până latemelie", as in Example 5. To cat down means "a reduce", as in Example 6. To

go down means "a scădea (despre preţuri)", as in Example 7. To look down on means "a privi de sus," "a dispreţui," as in Example 8. To take down means "a

scrie după dictare," as in Example 9. To turn down means "a refuza," as inExample 10, or "a include (lumina, radioul)," as in Example 11. To break upmeans "a se termina, a lua sfârşit," as in Example 12. To draw up means "aalcătui, a întocmi," as in Example 13. To give up means "a renunţa la, a se lăsade," as in Example 14. To make up means "a alcătui, a confecţiona, a redacta,"as in Example 15, or "a (se) farda, a (se) machia" as in Example 16, or "aaplana (o ceartă, o dispută)," as in Example 17. To make up for means "acompensa," as in Example 18. To put up means "a trage (la un hotel)," as in




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Example 19, or "a primi, a caza," as in Example 20. To put up with means "aface faţă (unei dificultăţi)", as in Example 21.

Activity 1

Exercises *

I Answer the following questions.

1.1. What is one of the basic features of the customs law?

2. What do advanced economies perceive?

3.

Why is a charge on exports a disincentive?

4.

What do duties owed to a national customs authority give rise to?

5.

What are these duties based on?

2.1. What does the 'tariff' in the UK deal with?

3.1. What is a key consideration in arriving at import duty liability?

4.1. When shall goods whose production involved more than one countryoriginate in?

2. Where are the rules on preferential origin laid down?

5.1. What is another key customs discipline?

2. What does Article 33 of the code set out?

II. Fill in the blanks with verbs + prepositions/adverbs.

1. I'm sorry for being late but my car …………….. 2. Many foreign tourists…………. at the Alpin Hotel in Poiana Braşov. 3. He has missed …………from school for a month, so he has to ……………….. for his absence. 4. Youhave to ………… with your new job. 5. I don't like her because she …………..on people. 6. I hear prices have already …………. 7. School ……………… inJune. 8. You have to ………………… your expenses. 9. I'm happy that they…………… their quarrel. 10. You cannot ………….. their invitation to dinner.

III. Are the following statements true or false?

1.

There is no provision in the EC customs code for the collection of exportduty.

2. Advanced economies do not perceive a charge on exports.

3.

The imposition of import duty is a form of indirect taxation.

4.

The charge on exports puts a brake on home industries.

5.

The tariff deals with the nomenclature of goods.




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6.

Goods whose production involved more than one country shall not bedeemed to originate in the country where they underwent their last substantialprocessing.

7. A series of rules has been devised to arrive at the correct value onimportation.

IV. Translate into English.

1. Taxele vamale datorate, conform legii, unei autorităţi vamale dau naşterela datorii vamale. 2. In toate cazurile din cadrul statelor membre, acestea sebazează pe tariful vamal al Comunităţii Europene. 3. In Marea Britanie acestaapare sub forma tarifului integral al Marii Britanii. 4. Mărfurile a cărorproducere a implicat mai multe ţări se consideră (sunt considerate) că î şi auoriginea în ţara unde au suferit ultima lor prelucrare importantă sau unde a avutloc un stadiu important al fabricării acestora. 5. Legile asupra originiipreferenţiale sunt în general stabilite în acordul special care fixează aranjamentul preferenţial. Articolul 33 al codului declară ce taxe nu urmează afi incluse în evaluarea vamală, cu condiţia ca ele să fie prezentate separat depreţul platibil în realitate.

4.2. Immigration Law


The Immigration Act 1971 gives an immigration officer (IO) administrativepowers to detain parallel to the criminal powers to arrest without warrant. Theformer are often used when prosecution is not considered necessary and as aquicker way to remove/deport the suspect without giving him or her the rightof hearing in a criminal court.

A suspect in custody on an immigration matter will have been detained in one

of the following ways:a) Arrested for a non-immigration criminal offence and then suspected of anImmigration Act offence;

b) Arrested by the police or the immigration service for an Immigration Act

offence;

c)

Detained in a police station on behalf of the immigration service as no otherplace is available for detention.




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Both police and immigration officers have the power to arrest in respect of themost common offences. In all the above situations, the suspect has the rightunder the Police and Criminal Evidence Act 1984 to consult a solicitor at anytime and have a person notified of his or her detention.

The most common Immigration Act offences are:

(1) Overstaying period of leave or failing to observe a condition of the leave,

e.g. working in breach of landing conditions (summary offence only).Overstayers cannot also be guilty of working in breach of landing conditions.

(2)

Knowingly entering the UK in breach of a deportation order or withoutleave of an immigration officer - commonly known as illegal entry. Anexample of someone who will be treated as an illegal entrant is if he or sheobtained an entry clearance visa as a student but on arrival had no intention ofstudying, never enrolled at college and started working instead. Clearly thatperson deceived the entry clearance officer or JO as to his or her real intentionson coming to the UK and hence entered the country illegally (summary offence

only).Other less common offences such as failing to comply with a restrictionimposed on entry, e.g. residence at a particular address or employment in aspecified job are not often prosecuted.

In general, prosecutions under the Immigration Act 1931 are rare as, after theinitial criminal detention, the immigration service prefers to use itsadministrative powers of detention and subsequent removal/deportation,

(from The Immigration Interview, by Carolyn Taylor,

in the Gazette 90/2, 13 January 1993, p. 17).


Words and Phrases

detain v — a deţine, a reţine (în închisoare)

warrant n - mandat

remove v - a îndepărta; a deplasa; a transporta

deport v - a deporta

hearing n - audiere

suspect n/adj- suspectavailable adj- disponibil

notify v - a înştiinţa

overstay v - a sta prea mult timp; a depăşi timpul de şedere

leave n - permisiune; permis

breach n - încălcare a legii

landing n - debarcare; coborâre pe pământ




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enroll v - a se înscrie (la facultate)

entrant n - intrat; persoană intrată

clearance n - vămuire; formalitate vamală

deceive v - a înşela

subsequent adj - următor; care urmează custody officer - ofiţer de serviciu/pază

IO (Immigration Officer) - ofiţer de imigrări

to comply with (a restriction) - a se supune/conforma (unei restricţii/interdicţii)

Key Structures

Future Perfect and Its Uses

Examples

1. A suspect in custody on an immigration matter will have been detained.

2.

John will be out at 9 o'clock. He will have left the house by then.

3.

They will have known each other for ten years by the end of this year.

4.

You will have heard of his having left the country.

The Future Perfect tense denotes

1.

an action which will occur in the future prior to another future moment, asin Example 2;

2. an action begun before a given future moment and still going on at thatmoment, as in Example 3;

3. a supposed action referring to the past where the implication is half-modal, as inExample 4 ("Ai auzit, probabil că a plecat din ţară. Vei fi auzit că a plecat din ţară"), or inExample 1 ("Probabil că... a fost deţinut... va/o fi fost deţinut"), as in Example 1.

Activity 2

I. Answer the following questions.

1. What are the administrative powers the Immigration Act 1971 gives to theimmigration officer?

2. In what ways will a suspect have been detained?

3. What power do both police and immigration officers have?

4. What right does the suspect have under the Police and Criminal EvidenceAct 1984?




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5. What are the most common offences under the Immigration Act?

6. When will a person be treated as an illegal entrant?

7. What are other less common offences?

8. Why are prosecutions under the Immigration Act 1971 rare?

II. Use the Future Perfect.

Model

A: What is that novel like? (then)

B: I shall tell you on Saturday, I shall have finished it by then.

1.

What do you think of the exhibition? (tomorrow)

2.

How do you like Ann's new dress? (on Sunday)

3.

How much space will you need for your article? (tonight)

4. What do you advise me to do about that job? (tomorrow)

5. What is your impression of our new manager? (this evening)

6. When will you know the result of your test? (the day after tomorrow)

III. Fill in the blanks with the missing words.

1. The immigration officer can arrest a suspect without .......... …………… 2.The suspect has the right to consult a…………. 3. One of the commonoffences is failing ……………… a condition of the …………………., e.g.

working …………….. of landing conditions. 4. Entering the UK in breach of a…………….. order is known as illegal ………….. 5. An ………….. entrant isthat person who ………………….. the entry clearance officer as to his or herreal intentions on coming to the UK. 6. Other ………….. common offences arefailing …………………… with a restriction imposed on entry. 7. Theimmigration service prefers to use its ……………….. powers of detention andsubsequent ……………. 8. However, the police use the existence of…………………… to arrest suspects initially ………………. further………………. into their immigration status.

IV. Are the following statements true or false?

1. The administrative powers of an immigration officer are used whenprosecution is considered necessary.

2. An immigration officer can arrest a suspect without warrant.

3. The suspect has the right to consult a solicitor.

4. Working in breach of landing conditions is a serious offence.

5. Entering the UK without leave of an immigration officer is not considered




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as illegal entry.

6. The person who deceived the JO as to his or her intentions on coming tothe UK is an illegal entrant.

7. Residence at a particular address is one of the less common offences.

8. Prosecutions under the Immigration Act 1971 are frequent.

Activity 3


Corruption

Regarded as a social phenomenon, corruption is the picture of moral andspiritual decay; it represents a complex social problem, whose socialconsequences and solving methods are of interest for the public opinionand for the institutionalized social control. The phenomenon ofcorruption includes all acts and actions of juridical persons who, bytaking advantage of their social position, act for obtaining somepersonal advantages by illicit means, giving up to the due respect forlaw and morals as a picture of the decay of the society. In Romania,according to the penal system, corruption is a main concept designatingthe infringement of illegal or immoral transposing of the norms onpublic officials. The term 'corruption' incriminates various acts, in orderto obtain illicit advantages. Corruption is a serious and dangerousphenomenon, which is able to undermine the structures of power, theachievement of the economic reform, the growth of peoples' livingstandard and the hope for an evolution forwards a lawful state. Some ofthe causes that generate and offer conditions for corruption are:

- the lack of legislation in the period of transition and the adoption ofthe laws, which present gaps or permit interpretation of someprovisions;

- the tendency of public or private employees to gain capital by usingillicit methods;

- the setting up and functioning of a great number of small companies

without a solid capital, which defraud the state's campaign, by takingover an underevaluated patrimony and functioning with employees ofthe companies mentioned, paid by the state, their activity being in factreduced at casing allowances (without developing any activity);

- the request of credits, some in foreign currency, without interest andfor long terms;

- sale, grant, granting, tenancy of assets shops and machinery withoutauction;

- the lack of a proper management training, which allowed the so called




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foreign partners to penetrate easily without bringing any capita! orlicenses, technologies, know-how;

- concluding of foreign trade contracts and delivery of goods withoutchecking the financial status of their foreign commercial partners.

Other causes generating corruption acts are:

- the fail of the State's authority;- the decay of the living standard, the alteration of moral judgement;

- the lack of efficient controlling of the key factors;

- the diminishing of the population's confidence in social institutionsand values;

- the partial adaptation of the legislation to the economic and socialconditions.

There are also causes that are clearly underlined and are mutually condi-tioned:

- the will of the individual for a quick and effortless enrichment by anymeans for some of them;

- on the other hand, restrictions are including various lacks, which shallfacilitate the appearance of corruption.

Two unwritten laws of the economy that are valid through all periodsand systems are: lacks generate speculation and prohibition is doubling

consumption. Corruption is not a lonely phenomenon, separated orisolated from other criminal unusual phenomena, but is closely linkedand interdependent with these. Situations for the growth of corruptionand their factors at present and in the future are: illegal advantages inthe field of privatization, conclusion of governmental contracts, issuingof licenses, permits by governmental agencies, issuing import or exportlicenses, granting by governmental financial support, hierarchicalpromotion based on personal relations and nepotism, the abusive use ofgovernmental assets and properties, purchasing of groans and otherassets, denial of social order and law, generalized poverty, authority andgood faith crisis, consisting in the diminution of the social and legalcontrols, decentralization of decisions and administrative structures,functional autonomy, economic liberalization and the delay in enforcingmeasures against law infringement. Forms of corruption are registeredat administrative, economic, political level and not only corruption ispresent in all social areas, like health, culture, education or bank system.The main areas where corruption appears are:

- political corruption - appears as pressing and even blackmailing publicofficials for determining them to adopt illegal decisions or very close tolegal hints. It is determined by the need of funds, the numerous politicalparties spending more money than their financial possibilities due tounlimited financial needs;

- administrative corruption - is to be seen as a large spectrum of acts ofpublic official and ending with defalcating public fortune for privateinterest - by tapping officials of the public administration;

- economic (professional) corruption - is aiming to preferential




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assistance for clients and also determining employees of competingcompanies to betray the interest of their employer.

There are many aspects where corruption comes to light:

- banking system (credits granted generally only against bribe, acceptinguncovered payment documents or fiction guarantees;

- the underground economy shows its effects in creating black capitalunregistered inside the internal gross product;

- hidden activities in the internal and official gross product;

- the production controlled by criminal groups;

- salaries paid for services rendered for private persons, without payingthe legal taxes;

- commercialization of own product;

- building private houses without registering;

- clandestine production and commercialization of alcohol drugs;

- avoiding payment of real domestic services (water, electricity);- illegal rent of houses;

- employment of staff without respecting the legal provisions;

- unregistered business between companies; prostitution, procurring andillegal abortion;

- invisible incomes;

- clandestine gambling;

- traffic with currency;

- commercialization of goods resulted from crime;

- conclusion of loans outside the bank system;

- supplementary payment for illegally attaining goods or services (cor-ruption).

These are only a small number of aspects that must be taken intoaccount to stop spreading of corruption.


Basic Vocabulary. Idioms

corruption = 1. the act of corrupting or state of being corrupt;

2. moral perversion, depravity;

3. dishonesty, especially bribery;




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4. putrefaction or decay;

5. alteration, as of a manuscript;

6. an altered form of a word

to take advantage = to earn material, financial or psychological position or state by

speculating any situation that one might take part atillicit = 1. illegal;

2. not allowed or approved by common custom, rule or standard

decay = to decline or cause to decline gradually in health, prosperity,

excellence; to deteriorate, to waste away

penal = 1. of, relating to, constituting, or prescribing punishment;

2. payable as a penalty;

3. used or designated as a place of punishment

to designate = to indicate or specify; to give a name to, style, entitle

to infringe = to violate or break a law, an agreement; to encroach or trespass

to incriminate = to imply or suggest the guilt or error of someone; to charge with

a crime or fault

to undermine = to weaken gradually or insidiously

achievement = accomplishment, gain

lack = insufficiency, absence or shortage of something required or

desired; something that is required, but is absent or inshort supply

gap = a break in continuity, interruption, hiatus

tendency = 1. inclination, predisposition, propensity or leaning;

2. the general course, purport or drift of something, especiallya written work

to set up = 1. to put into a position of power;

2. to begin or enable someone to begin a new adventure, as by

acquiring or providing means, equipment

defraud = to take away or withhold money, rights, property, from a person

by fraud, cheat, swindle

to take over = 1. to assume the control or management of;

2. the act of sizing or assuming power, control

allowance = 1. an amount of something, especially money or food, given or




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allotted usually at regular intervals;

2. a discount, as in consideration for something given in part

exchange or to increase business, rebate

currency = 1. a metal or paper medium of exchange that is in current use in a

particular country;2. general acceptance or circulation; relevance;

3. the period of time during which something is valid, accepted or

in force

grant = to consent to perform or fulfil; to permit as a favour, indulgence

tenancy = 1. the temporary possession or holding by a tenant of land or

property owned by another;

2. the period of holding or occupying such property

auction = a public sale of goods or property, especially one in which

prospective purchasers bid against each other until the highest

price is reached

license = to grant or give a license for the sale of certain goods

know-how = 1. ingenuity, aptitude or skill; knack;

2. commercial and saleable knowledge of how to do a particular

thing, experience

delivery = the act of distributing or delivering goodsalteration = adjustment, change, or modification

mutual = experienced or expressed by each of two or more people or

groups about the other; reciprocal

to enrich = to increase the wealth of; to improve in quality; to make more

productive or more beautiful

to facilitate = to make easier, assist the progress of

hierarchical = a system of persons or things arranged in a graded order or

organized into graded ranks

nepotism = favouritism shown to relatives or close friends by those with

power or influence

purchase = to obtain by effort, payment, sacrifice

groan = a prolonged stressed dull cry, expressive of agony, pain or

disapproval




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decentralization = reorganization into smaller and more autonomous groups, units;

dispersion

blackmail = the act of attempting to obtain money by intimidation, as by

threats to disclose discreditable information

hint = a suggestion or implication given in an indirect or subtle manner;trace

defalcate = to misuse or misappropriate property or funds entrusted to one

tap = to strike something lightly and usually repeatedly

to betray = to aid an enemy of (one's nation, friend); to be a traitor to

clandestine = secret and concealed, often for illicit reasons; furtive

loan = the act of lending something (property or money) for a certain

period of time

Synonyms

corruption = extortion

illicit = illegal, unlawful

achievement = accomplishment, fulfillment, performance

defraud = cheat

allowance = allocation, annuity

delivery = distribution, handing over

purchase = acquire, achieve, attaininfringement = contravention, infraction

Antonyms

illicit - legal, lawful

decay - enrichment

incriminate - discriminate

grant - to forbid

decentralization - centralization

to betray - to be loyal



Alina Cheşcă

Summary

Customs Law

important for tcode, exportprovisions. On

have approacimmigration aoffences. More+ Preposition/

Self-evaluat

Translate into

1. Legea imiadministrativesunt folositenecesară, represuspectului, f ăarestat, suspecto persoană de

probleme de iBritanie şi intinfracţiune eststudent(ă), dup

început să lucr

Customs Law and I

and Immigration Law has approached issue globalized economy, such as: European Com

and import duties, the origin of goods, vthe other hand, the texts that you read, transl

ed issues which are of big interest nowd immigration law, immigration services andover, you were required to study grammar issudverb Combinations (with “up” and “down”) a

on tests:

nglish

rării din 1971 acordă ofiţerului de la imi ât şi dreptul de arestare f ără mandat. 2. Puteri

eseori, atunci când urmărirea penală nuzentând astfel o modalitate mai rapidă de scră drept de audiere într-o instanţă penală. 3.ul are dreptul să consulte un avocat şi de asemespre detenţia sa. 4. Cele mai obişnuite infra

igrare sunt: depăşirea perioadei permise derarea ilegală în ţară. 5. Un exemplu care il e situaţia în care o persoană obţinând viz

ă sosire, nu s-a mai înscris la vreun colegiuze într-o localitate din Marea Britanie.

migration Law

s that are verymission customsrious laws andted and debated

days, such as:various types ofs, such as: Verb

nd phrasal verbs.

rări atât puterile administrativeste considerată atere din ţară a

n caz că estenea să înştiinţezecţiuni ce ţin de

şedere în Mareaustrează a douaa de intrare cauniversitar, ci a



Alina Cheşcă

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