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Table of Contents
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. General information ............................................................................................ 3 Organization and structure of Georgian customs ........................................ 5 Human resource management ......................................................................... 7 Customs legislation ............................................................................................ 8 Post-clearance Customs Control ................................................................... 10 Risk management .............................................................................................. 11 Customs valuation ............................................................................................ 12 Import-export duties and revenue collection .............................................. 13 Customs disputes resolution.......................................................................... 15 Authorized economic operators ..................................................................... 17 IT implementation .............................................................................................. 17 Intellectual property rights .............................................................................. 18 Trade across border ......................................................................................... 19
Georgia
1. General information
Independence from the Soviet Union declared - April 9, 1991 Capital (largest city) - Tbilisi 4143N 4447E Official language(s) - Georgian Ethnic groups - 83.8% Georgian, 6.5% Azeri, 5.7% Armenian, 1.5% Russian, 2.5% other [3]
Government - Unitary semi-presidentialrepublic Area (Total) - 69,700 km2 (120th) Population 2009 estimate - 4,385,400(Statistics Georgia) (122nd) Density - 61.1/km2 (134th) GDP (PPP) 2009 estimate - $20.862 billion; per capita - $4,757 GDP (Nominal) 2009 estimate - $10.737 billion; per capita - $2,448 HDI (Human Development Index 2007) - 0.778 (medium) (89th) Currency Lari () (GEL) Time Zone - UTC (UTC+4) Member of WTO since June 14, 2000 Member of WCO since October 29, 1993 Exports - $ 1.766 billion (2009 est.); Main exported product - scrap metal, wine, mineral water, fruits and nuts; Main partners Turkey 17.6%, Azerbaijan 13.7%, Ukraine 9%, Canada 8,8%, Armenia 8.2%, Bulgaria 7.2%, USA 6.8% Import - $ 4.477 billion (2009 est.); Main imported product fuels, vehicles, machinery and parts, foods, pharmaceuticals; Main partners Turkey 14.9%, Ukraine 10.4%, Azerbaijan 9.6%, Germany 7.9%, Russia 6.8%, USA 5.7%, China 4.7%, UAE 4.4%.
Abbreviations:
MoF Ministry of Finance; RS Revenue Service; MoIF Ministry of Internal Affairs; LEPL Legal Entity of Public Low; SAD Single Administrative Document; EU European Union; EC European Commission; WTO World Trade Organization; WCO World Customs Organization; UNCTAD United Nations Conference on Trade and Development; CIS Commonwealth of Independent States; FTA Free Trade Agreement; IT Information Technology; IPR Intellectual Property Rights.
Revenue service
Central headquarters Regional centers
Administrative department 32 Apparatus of head of revenue service 6 Legal department 11 Disputes department 30 Department of methodology 35 Customs control department 65 Internal audit 15 Revenue collection department 38 Bureau of international relations 7
Telavi
Gori
Kutaisi
Poti
Batumi
Akhaltsikhe
Guria
Abkhazia
Administrat ion 38
Legal unit 24
The roles and responsibilities of each function, and of employees working at all levels within each function, arent clearly defined. Job descriptions highlighting the minimum levels of knowledge, skills and aptitude required for competent performance is not in place. Code of conduct for customs officers isnt elaborated. Only a few provisions can be found in various regulations about customs officers behavior. Anyway, customs became much more user-friendly and consumer oriented during recent 2-3 years, but there is a lot more to be done.
4. Customs legislation
Structure and hierarchy: Georgian Customs legislation consists of International Conventions, international bilateral and multilateral agreements, Customs code of Georgia and Secondary customs legislation. International Conventions and agreements take priority over national legislation where it contradicts. They are signed by Government of Georgia and ratified by Parliament. Customs code is the main document laying down general provisions and policies of customs administration. Present Georgian Customs code was elaborated on bases of EU customs code in 2006 and entered into force from January 1, 2007. Customs code is approved by Parliament of Georgia and it takes priority over secondary customs legislation. Secondary customs legislation generally provides implementing provisions for Customs code. Secondary legislation is approved by decrees of President, Government of Georgia and Minister of Finance. List of international conventions in customs area that Georgia has signed: 1. International convention on harmonized commodity description and coding system since 2009 2. Convention on Containers since 1999 3. International convention on mutual administrative assistance for the prevention, investigation and repression of customs offences (Nairobi convention) since 2009 4. International convention on harmonization of frontier controls of goods since 1999 5. Customs convention on international transport of goods under cover of TIR carnets (TIR convention) since 1994 6. Convention on the contract for the international carriage of goods by road (CMR convention) since 1999 8
Overview of Georgian customs legislation: Customs legislation was elaborated according to EU model in 2006. However some gaps and differences between Georgian and EU legislation are evident. Customs regimes Seven customs regimes are in place: Release for free circulation; Export; Transit; Temporary import; Customs warehousing; Inward processing relief; Outward processing relief. Processing under customs control doesnt exist as a separate regime, but its provisions were merged with Inward processing relief creating one regime. Besides, there are approved treatments like re-export, abandonment of cargo with transfer of ownership to Government, destruction of goods under customs control and allocation of goods in free zones or free warehouses. Relation between traders and customs: Traders can have direct relation with customs or exploit customs representative (customs clearing agent). Customs representative shares responsibility on procedures he caries out on behalf of trader. To operate as authorized customs representative, any company is required to produce financial security covering at list 50 000 GEL. Binding information In many developed countries if trader doubts about the legality of operations he wants to perform, he can require (an approval?) from customs to make a decision prior to importation of goods. It applies not only on imported cargo, but any operation which must be approved by customs authorities. Such information has binding power and trader cannot be subject to any punishment or prosecution if he follows the prior decision made by customs authorities. Georgian customs has an obligation to provide prior decisions upon traders request but without binding power. It means that if trader wants to put goods under specific regime and he asks customs about the legality of such operation, he may receive prior approval (prior customs decision), but he isnt insured from punishment, even in case, when he follows such decision, because any other customs officer can interpret the legislation in different way. Customs penalties Penalties are addressed to specific violations and the amount of penalty is firmly defined for each case. This doesnt give customs officer flexibility in decision-making. On one hand flexibility is very important to make fair and reasonable decisions, but on the another hand such approach eliminates corruption risks. Total exclusion of human factor resulted unfair treatment to traders who make mistakes. If two traders reduced duties but first did it by mistake and another did it intentionally, both are treated with the same severe measures because legislation doesnt allow investigation of cases to find out whether it was a fraud or mistake. This problem requests immediate respond. Voluntary compliance In any normal trade relation there are cases when certain financial aspects concerning to shipment became clear after goods
are imported and released. Amendment (correction) of customs declaration is standard action to keep records clean in such cases. In Georgia voluntary amendment of SAD is available after the release of goods, but legislation doesnt protect trader from penalties or any other punishment measures applicable to the mistake made at the moment of release of goods. Such provisions do not stimulate traders to keep their records clean and remain compliant. Origination of goods Georgian legislation provides rules for preferential and non-preferential origination of goods. Preferential origination applies to goods imported from Turkey and former CIS countries with which Georgia has Free Trade regime. Rules are defined in relevant FTA documents. Customs warehouses and ICDs Majority of shipments are cleared in customs warehouses, which are authorized by customs. Unfortunately, legislation does not differentiate customs warehouses and ICDs. These are private owned bonded terminals with very strict security requirements, authorized for temporary storage of goods until it is cleared. They are also authorized to serve for commercial long-term storage of un-cleared goods. So, Georgian legislation establishes some kind of syndicate of ICD and customs warehouse.
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regulating provisions were missing due to lack of capacity for its implementation. In 2009 Revenue Service decided to begin implementation of post-clearance control and relevant Chapter IV was added to the Customs Code, but regulations are very general and poor mainly repeating regulating provisions of tax audit. Detailed instructions should be elaborated providing detailed guidelines for customs officers. Guidelines should cover: Valuation audit, Origination of goods, Commodity classification, Audit of specific customs procedures (IPR, PCC, Warehousing, End use relief, etc); instructions for field audit, interviewing techniques; etc Existing practice: Nowadays, RS has slightly developed methods of auditing customs warehouses. Customs valuation inspection is carried out regularly, but approach is very standardized, mainly they use the method of doublechecking of exported value of goods in the country of export. This method is based on intergovernmental cooperation and there were cases when it helped to disclose fraud, nevertheless, sometimes it is not effective especially in trade relations with countries with liberal economies like Dubai, that dont control export value of goods.
6. Risk management
Overview: Risk based cargo selectivity program was implemented in Georgian customs in 2009. At this stage risk-management operates in inland customs clearance offices, but not at the border checkpoints. Risk criteria integrated in customs information processing program ASYCUDA WORLD enables automatic selection for physical inspection of declared cargo. Now only 10-15% of all cargo is selected for physical inspection instead of total inspections that used to be pure formality and absolute waste of time and resources for customs because of low effectiveness. As a result customs uses its resources more effectively now. Physical inspections are carried out according to specific instructions provided by legislation or generated by electronic system based on risk analysis. Declared goods can go through one of the four channels: - Green (automatic release) - Yellow (only documentary inspection) - Red (documentary and physical inspection) - Blue (same as green but subject to post-clearance audit) However, no similar systems are in place for anti-smuggling, anti-contraband and protective measures at the border checkpoints. Risk management
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doesnt apply to transit module. This fact proves once again that Georgian customs administration is mainly oriented on fiscal targets and pays less attention to original function of customs Protection of society. Benefits: Reduction of customs clearance time; reduction of customs clearance costs; creation of non-corrupt environment by minimizing human factor in decision-making process; Weakness: - Criteria must be updated regularly to keep the system effective and address to risky cargo. Unfortunately, current system doesnt immediately respond to any changes in import-export risks. - Georgian customs administration has simply defined the percentage of how much cargo must be subject to physical inspection and this threshold is uncial for entire country. Unfortunately, this decision isnt based on any justified judgment of risks according to regions, clearance offices, seasonal risks, human resources etc. - Risk Criteria should be further developed and fine-tuned and a data collection system for risk analysis in ASYCUDA World application should be implemented to fully benefit from risk modules.
7. Customs valuation
Correct implementation of customs valuation rules ihas been problematic in Georgia since long time. As any developing country, we find it difficult to follow rules provided by GATT. Georgia is a member of WTO since 2000, so by joining this international organization we took an obligation to implement all those trade related issues according to WTO frameworks. However if we analyze legislation in the area of customs valuation, we could hardly notice minor differences between Georgian legislation and Agreement on implementation of article VII of GATT. Georgian customs code covers all aspects of customs valuation in line with international standards, though we experience big problems in practical implementation of what is written on the paper. Problems are the following: No adequate capacity for valuation audits No professional resources for valuation audits Instructions for valuation audit arent developed Very high risk trade partners Undervaluation causes huge budgetary problems due to significant share of customs duties in state budget.
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Due to abovementioned problems, Georgian customs tried to control undervaluation problem by unacceptable measures during 2005-2008. The price list was issued establishing prices (customs value) for all kinds of cargo, according to which customs was clearing imported goods. It was critically discriminative for shipments from specific risky countries because invoices of such shipments were totally rejected and clearance was possible only on basis of customs values given in price lists. Definately such rules were against any civilized standards of international trade relations and customs got reed of this practice from 2008. Now absolute majority of shipments are cleared according to transaction value method (first method) but there still are cases when customs administration violates valuation rules and makes unreasonable correction of declared customs value. Despite of such changes (switching to first method of customs valuation) I would say that problem isnt solved. Problem is only partially solved, or maybe we can say that its solved for business only. On another side, there are increased risks of undervaluation due to weakening of valuation control at the frontier while no effective post-clearance valuation audit systems are in place. Possible solution: Only strong capacity building within customs administration (post-clearance valuation audit) can balance risks and normalize relations between customs and trade sector. Within the implementation of GATT valuation standards, a system to properly monitor invoice values needs to be put in place urgently to mitigate the risks on undervaluation. The importance of this issue is doubtless, as it is directly connected to one of two major interests of customs trader - How much customs duty I have to pay?
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increased the number of goods that are charged by customs duty. Duty rate differs up to 12% and is calculated based on customs value of goods. Import VAT has the biggest share in import duties. VAT rate is 18% and is calculated based on import customs value of goods plus all applicable other import duties according to Georgian legislation. Excise is charged according to amount of imported goods with no respect of value of goods. Customs fee is charged for customs services like clearance, registration of goods, paperwork etc. Customs fee is 60 EURO per SAD. No export duties are in place with only exception of Iron wastes, which is excisable. VAT and Excise duty is zero rated on export.
Table 1. Revenue performancecentral government, 200509 (GEL millions) 2005 Total collections Including: Indirect taxes 1 - VAT - Excises Direct taxes - Corporate income tax - Personal income tax Other taxes Customs duty 2,411.5 1,273.8 987.4 286.4 500.0 210.3 290.7 513.2 123.4 2006 3,149.4 1,668.3 1,332.7 335.6 727.0 341.1 385.9 621.7 132.4 2007 4,391.7 2,402.3 1,973.7 428.6 1,081.6 554.8 526.8 855.3 52.0 2008 4,752.7 2,587.5 2,069.0 518.5 1,888.6 592.3 1,296.3 224.7 51.9 2009 4,388.9 2,494.9 2,051.7 443.2 1,636.3 518.4 1,118.9 220.6 35.9
6065 percent of VAT and 7075 percent of excise taxes are collected on imports.
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Table 2. Customs collectionsdistribution by regional centers (2009) (GEL millions) VAT - Tbilisi Regional Center - Kutaisi Regional Center - Rustavi Regional Center - Poti Regional Center - Batumi Regional Center - Telavi Regional Center - Akhaltsikhe Regional Center Total 911.7 32.3 18.0 109.6 148.6 0.6 5.2 1,226.4 Excises 202.0 16.4 34.5 37.9 36.6 0.9 0.4 328.9 Others 3.1 0.2 2.3 1.6 1.6 0.0 0.0 9.1 Customs duties 19.6 0.5 4.2 6.1 4.2 0.1 0.8 35.9 Total 1,136.6 49.6 59.1 155.3 191.1 1.7 6.7 1,600.4
Duties are paid via bank transfer upon submission of Customs clearance documents. The process is paper based and requires simplification. Payment of liabilities or potential liabilities is required, or the appropriate security must be in place, before goods are released for free circulation; exceptions are available only for compliant traders (Gold list members who can credit duty payment without interest).
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be appealed. However, if customs trader prefers, he can directly appeal in the court ignoring all previous stages. Right of appeal: Due to recent changes in Georgian Customs Code right of appeal is firmly granted to anybody despite the circumstances and his identity. Cost effectiveness: Cases of customs disputes is much less than tax disputes. There are specific reasons why traders avoid having disputes with customs. Georgian legislation doesnt allow release of goods before any customs liability is fulfilled. If a trader appeals against customs decision then his shipment is generally arrested at customs, until everything becomes clear. Dispute solution process can last several weeks or even months if it goes through all three stages of appeal system. While appeal is under process trader has to pay all logistical costs related to keeping goods in clearance depot, container costs and any other treatment costs if necessary; obviously it becomes not cost effective. General provisions of Georgian Customs Code article #86 allows release of good if financial security (Bank guarantee; Insurance policy; cash deposit) covering all possible liabilities is provided, though there are no exact rules of implementation of this norm. Competence of court: Court should balance decisions made by customs as it is the only authority outside the MoF system where trader can appeal. Unfortunately, Courts are characterized with lack of competence in fiscal area. There arent any fiscal specialized units within the court unlike criminal and multiple administrative directions. There were cases when traders appealed in the court against customs decisions and court addressed to customs administration for clarification of certain technical details described in the appeal because in most cases court has no adequate professional resources to discuss customs appeals. Such facts prove that Georgia cant have fair dispute solution system if there is only one competent authority that makes decisions and discusses appeals against his decisions himself. Transparency of decisions: Another problem is transparency and power of precedent. Decisions made by Revenue Service and MoFs dispute solution council arent transparently published and accessible. Subsequently decisions dont have power of precedent which could be helpful.
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10.
Georgian customs legislation provides simplified procedures for compliant companies who meet certain criteria set by, so called, gold list program. The program can be considered as analog of EU concept of authorized economic operators. Criteria are based on trustworthiness and solidity of companies; they should have clear records with tax and customs authorities. At present over two hundred Georgian companies are participants of the gold list program and enjoy all its benefits. Benefits of program: Credit in payment of customs duties Importer can pay duties within one-month time from importation; Possibility to clear the goods directly at importers premise Program members dont need to visit ICD to carry out clearance operations. They can directly take the goods from borders to their warehouse; Electronic submission of customs declaration (SAD) Any importers other then gold list member is not authorized to use internet access to the customs system to submit documents; Documents are not necessarily required Participants of program should provide customs documentation only in case if the shipment is recognized risky by the system. Weakness: Criteria set for participation in the program are discriminative for small traders, as only large traders are accepted. At present, program covers only limited amount of customs regimes but it is still under intensive development process.
11.
IT implementation
IT is one of the most reformed areas in customs administration during last five years. It is very important that IT department was restructured recently and it became LEPL under the umbrella of ministry of finance. IT implementation strategy covers four directions: Support and development of existing systems; Support for business continuity; Expansion of electronic services; Development of new integrated solution. The MoFs IT department is planning to implement the ITSM (Information Technology systems management) methodology and prepare a full transition to ITIL (information Technology Infrastructure Library) standards next year. Complex Security and ICT Systems assessment that should become a foundation for the transition to ITIL standards was implemented in early 2010. Disaster recovery/ Business Continuity Center will be completed
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in 2010 creating a guarantee for the stability and reliability of MoFs ICT systems, providing continuous support for all business processes. Weakness: Regular traders (except gold list members), customs warehouses, freight and customs agents dont have internet access to the system. therefore, paperless customs operations arent enabled in Georgia. Implementation of services like e-filling, e-payment, e-submission of document can dramatically change the Level of development of Georgian Customs. Georgian customs clear about 1000 SAD daily. Due to technical inefficiency this declarations can be submitted only through Customs clearing agents (customs brokers). Clearing agents have access to customs electronic system through fiber optics cable. This service costs on average 50 GEL which means that by proper implementation of customs e-filling trade sector can save 50 000 GEL daily operational costs. ASYCUDA WORLD: Customs is using ASYCYDA system for information processing and data exchange. IT department is upgrading the system from old ASYCUDA++ version to a new ASYCUDA WORLD version, which is already installed in all customs offices throughout the country. Several crucial modules such as E-filling, E-payment, Safe-TIR, e-exchange of information between other governments agencies arent implemented yet though these topics are in IT departments priority list for nearest future. System was audited by several European experts from different organizations and they concluded that it can meet highest operational standards. Revenue Service receives very big support in this area from international donor organizations. UNCTAD took responsibility to assist in implementation of ASYCUDA WORLD; assistance includes training of staff, technical assistance, etc.
12.
Legal basis for enforcement of IPR exists. Law about border operations concerning to IPR protection contains relevant regulations though it may not be fully compliant with International agreements and standards (e.g. TRIPs agreement, EC regulations). Customs authorities can take action against goods suspect infringing IPR under any customs procedure. An IPR IT database is established to provide tools for customs risk management with the possibility to access list of companies and key products. Specific risk-analysis modules for control of counterfeit and pirated goods arent developed and implemented. There is no systematic, in-house training to ensure expertise in the IPR field.
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13.
This page shows summary of World Bank Doing Business 2010 data for Georgia. The first table lists the overall "Ease of Doing Business" rank (out of 183 economies) and the rankings by each topic. The rest of the tables summarize the key indicators for Trade across Border.
Georgia
Region: Eastern Europe & Central Asia Income category: Lower middle income
Ease of...
Doing Business Starting a Business Dealing with Construction Permits Employing Workers Registering Property Getting Credit Protecting Investors Paying
Change in rank
+5
11
16
+2
10
+1
30
27
-3
41
38
-3
64
112
+48
19
Taxes
30
85
+55
41
42
+1
95
95
30
DB09 rank:
85
Change in rank:
+55 The costs and procedures involved in importing and exporting a standardized shipment of goods are detailed under this topic. Every official procedure involved is recorded - starting from the final contractual agreement between the two parties, and ending with the delivery of the goods.
Indicator
Documents to export (number) Time to export (days) Cost to export (US$ per container) Documents to import (number) Time to import (days)
Georgia
4 10 1,270 4 13
OECD Average
4.3 10.5 1,089.7 4.9 11.0
20
1,250
1,773.5
1,145.9
Duration (days)
4
US$ Cost
255
Documents preparation Customs clearance and technical control Ports and terminal handling Inland transportation and handling Totals:
30
2 2 10
Duration
US$
21
(days)
Cost
Documents preparation Customs clearance and technical control Ports and terminal handling Inland transportation and handling Totals:
255
60
2 2 13
Export documents
Bill of lading Certificate of origin Commercial invoice Customs export declaration Export license Packing list Technical standard/health certificate
Import documents
Bill of lading Certificate of origin Commercial invoice Customs import declaration Import license Packing list Terminal handling receipts
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