Model Customs Agreement

Disaster Preparedness Planning Training Course

May 2008

Model Customs Agreement ???

Agreement between the United Nations and State or Government concerning measures to expedite the import, export and transit of relief consignmentsand possessions of relief personnel in the event of disasters and emergencies

What is proposed?

A bilateral agreement between UN and State

Applicable during the major disasters within the framework of a UN relief operation

Concerning practical measures to expedite the import, export and transit of relief consignments and possessions of relief personnel

How do we go ahead …..

What are the immediate needs…

Identify needsfor international

assistance

Need for

disaster relief items?

Send relief consignmentsSend relief consignments

Need for disaster Need for disaster

management expertisemanagement expertise?

Send international expertsSend international experts

Need for Technical (specialized) expertise and assets?

Send Military and Send Military and Civil Defence Assets (MCDA)Civil Defence Assets (MCDA)

Movement of relief consignments and possessions of relief personnel

Identified needsfor international

assistance

Country ofimportation

Country(ies)of transit

Country ofexportation

Donor Countries

Customs Facilitation Procedures

Entry Entry ExitExit

Major Problems ---Custom Facilitation Procedures

“….We the team arrived in the morning in customs point but nobody appeared till noon…”

“…When the team arrived in the country, the relief consignments were held up in Customs for a week or more (telecoms for two weeks)”

“... the expeditious clearance of supplies ... has been delayed by local Customs officials. ...”

• internationally recommended measures• procedures are simplified, not abolished• clearly defined sphere of application• UN certification of participants• no new privileges and/or immunities• compliance with national regulations• concluded in advance of an emergency

(preparedness)• Customs clearance outside official working hours

and designated places• Waiving of economic restrictions, duties and taxes

Basic Features of Model Customs Agreement

• No charges for Customs attendance

• Advanced submission of documents

• Simplified documents and inspection procedures

• Applicable to all countries

• Negotiated with a country once with single UN agency

• Valid for all UN agencies and their implementing partners

• Can be concluded in advance of a country’s involvement in a disaster (whether donor, transit, recipient)

Cont.. Basic Features of Model Customs Agreement

Model Customs Agreement

NEPAL CASE STUDY

Model Customs Agreement

• Signature ceremony on 31 May 2007 between Nepal Government and the UN Resident/Humanitarian Coordinator

• The meeting after signature ceremony, OCHA Nepal and Government stakeholders formed an Ad-hoc Committee to draft the list of activities (Implementation Plan) and to endorse this Plan by Nepal Government,

Later, OCHA LSU/UNJLC proposed a three-phase approach:

1. Creation of an Implementation Plan

2. Creation of an Emergency Response Plan

3. Preparation of the Training Programme

EMERGENCY RESPONSE PLAN(Who will do what? When? Where? How?)

• List of authorities involved

• List of customs clearance documents

• Procedure to re-export relief materials

• Transit and release time tracking mechanisms

• Communication flow

• List of prohibited items

• Appeals committee

• Dissemination plan

• Glossary

TO BE ACTIVATED IMMEDIATELY FOLLOWING A DISASTER

TRAINING PROGRAMME

1. General Customs Awareness

2. Customs and Humanitarian Aid

3. Nepal Specific Customs Agreement

Lesson Learnt during the ProcessProblems faced:

1. Involvement of large number of stakeholders makes difficult for holding the meeting in the given time and venue,

2. No dedicated focal persons assigned - OCHA needs lot of time (beginning stage).

3. Participation of junior staff in the meeting makes difficult for major decision (government); no or less time from Head of Office,

4. Ignorance on the International Conventions... among the Gov staff

5. Customs officials are less/no unaware on the process of Model Agreement,

Lesson Learnt during the Process

Opportunities:

1. Ministry of Home Affairs is the focal point for Disaster Management issues. The officials in this Ministry are trained, exposed to the International forums on disaster responses, and understood the spirit of Model Agreement,

2. OCHA presence in Nepal,

3. Good progress on the process for implementing the M. Agreement, --finalizing the Implementation Plan

4. Support from OCHA LSU & UNJLC is involved,

For more information

OCHA NepalMr. Ram Luetel

luetel@un.orgTel. +977 15548553

OCHA LSU, GenevaMs. Virginie Bohl,

bohl@un.orgTel. 41 22 917 17 92