Clearance Procedure
Clearance Procedure
Clearance Procedure
September, 2019
Chapter Four
Customs clearance Procedure
At the end of the training the trainee will expected to understand:
•Introduction about clearance
•Clearance of Goods Imported for Home Use
•Types Customs Clearance Procedure
•importing cargo customs clearance
•Simplified customs procedure
•Pre-arrival Clearance
•Customs clearance procedure of goods on transit-finished goods
arriving at their destination
•importing personal effect customs clearance
•travelers customs clearance
•Postal parcels customs clearance
•Cargo Exportation customs clearance
•Prohibited or Restricted Imports and Exports
•Unaccompanied Baggage
•Transit Travelers
•Inward and outward processing
4.1 Introduction
Declarant
Any person having the right to dispose of the goods shall
be entitled to act as declarant, and shall be entitled to be
represented by a customs clearing agent.
The declarant shall be held responsible for the
completeness and accuracy of the particulars given in the
goods declaration and the payment of the duties and taxes.
Before lodging the goods declaration the declarant shall be
allowed, under such conditions as may be laid down in a
directive issued by the Authority, to inspect the goods and to
draw samples.
A separate goods declaration shall not be required in
respect of samples allowed to be drawn, provided that
such samples are included in the goods declaration
concerning the relevant consignment .
Forms of Goods Declaration
Goods declaration may be made in
writing form,
orally,
by bodily action or
electronically.
Goods declaration to be presented in written form and
electronically shall be filled and signed in the form
prescribed by the Authority and shall contain the
particulars only necessary for completing customs
formalities.
Supporting Documents of Goods Declaration
On the presentation of goods declaration made in
written or electronic form, original copies of the
following supporting documents or electronic copies
shall be submitted as required by the Authority:
a) transportation document;
b) invoice;
c) bank permit;
d) packing list;
e) certificate of origin; and
f) other documents necessary to ensure compliance
with customs laws and prescribed by directives issued
by the Authority.
Allowing Provisional Goods Declaration
Where, for reasons deemed valid by the Authority, the
declarant does not have all the information required to make
the goods declaration, a provisional goods declaration shall be
allowed to be lodged, provided that it contains the particulars
deemed necessary by the Authority for the assessment of
customs duties and that the declarant undertakes to produce
final goods declaration within a specified period.
EX 1 Permanent Export
EX 2 Temporary Export
EX 3 Re-Export
EX 8 Outward Transit
IM 5 Temporary Imports
IM 6 Re-Import
IM 7 Customs Warehousing
Any applicable duties and taxes have been paid, or a security has
been furnished. customs commission may release goods upon
receiving a guarantee from the importer to secure payment of the
taxes and duties within a certain period of time; this period may not
exceed 12 month
The RKC refers to pre-lodgment and pre-registration in
Chapter 3 of the General Annex.
Where samples are taken and technical documents and expert
advice is required to determine duties and taxes, customs
commission may release the goods against security before the
results of such examination are known, provided that other
agencies approved the release of goods, if any.
Goods can also be released prior to the completion of
customs formalities under the following conditions:
The declarant can subsequently accomplish all the custom
formalities;
The declarant produces a commercial or official document
containing the main particulars of the concerned consignment
and is acceptable to customs commission; and
A security has been furnished, where required,
to ensure that customs commission can collect
any applicable duties and taxes. Furthermore, an
importer or his/her agent may submit a
declaration with supporting documents prior to
the arrival of the goods and may request for a
pre-arrival clearance to be issued upon
examination of the declaration and supporting
documents. This is comparable to the normal
clearance procedure except that the declaration
is submitted earlier.
Pre- arrival clearance is possible only when customs
commission does not undertake a physical
examination of the imported goods.
In cross-border trade transactions the clearance and
release of goods at the point of entry often create a
barrier to trade because of long delays.
The modernization of customs procedures so as to
expedite clearance and release, therefore, is an
important trade facilitation tool.
Accordingly, advance submission of information
allows for a release with little or no delay upon arrival.
All the goods covered by a declaration will be released
at the same time.
Some specific provisions exist for the treatment of goods imported for
home use, where the imported goods do not correspond with the
intended purpose or have been delivered in a different quantity(pro.
Art.26)
•If goods imported for home use cannot be used for the intended
purpose due to defect, error of consignment, or incompleteness, upon a
request by the importer customs commission may allow them to be re-
exported and replaced within one year from the date of importation
without additional payment of duties and taxes.
• If customs commission is convinced that the incompatible goods
cannot be re-exported before the replacement goods are imported, it
may allow the importation of the replacement goods without payment of
duties and taxes.
• However, the condition for this is that the importer submits a
guarantee for the re-export of the original goods within a certain period
of time or, if such goods cannot be used for any other purpose, delivers
them to customs commission.
If goods imported for home use are delivered in a
lower quantity stated in the goods declaration,
customs commission may allow, if it has sufficient
evidence, the remaining goods to be imported, or
refund the amount of tax and duties paid on the
remaining goods. In general, goods imported and
declared for home use can be re-exported under the
following conditions:
• The goods declared for home use are not prohibited
and their entry is not contrary to customs law;
• The importer requests to re-export the goods
declared for home use before completing customs
formalities; and
• 5% of the payable duties and taxes on the goods are
Types Customs Clearance Procedure
freely, this is not true for two categories of goods: Some are
Proclamation
Unaccompanied Baggage
procedure.
2. Temporary Exportation
3. Re-Exportation
1. Outright exportation /Direct Exportation/
Outright exportation is the customs procedure whereby goods
in free circulation leave the customs territory and are intended
to remain permanently outside it. The following formalities
must be completed for the outright exportation of cargo
(goods):
• Registration of the goods declaration. The goods declaration
used for clearance of outright exported goods is EX-1
• Assessment and payment of export duties and taxes, if any;
• Verification of goods declaration and supporting documents
– which includes the verification of other requirements RKC
Specific Annex C1 administered by other regulatory agencies
(e.g. veterinary, health, phytosanitary, etc.); and
• Examination of the goods, if required
2. Temporary Exportation
Temporary exportation is the exportation of goods that the
declarant specifies as intended for re-importation.
To facilitate the re-importation at a later stage, Customs may
take identification measures on the goods.
In Ethiopia, temporary exportation may be authorized for the
following goods and purposes:
• vehicles, equipment and machinery taken out by a person for
the purpose of carrying out his work abroad;
• Goods exported for trade fair, exhibition or cultural show.
The goods declaration used for the clearance of temporarily
exported goods is EX-2.
•The temporary exportation procedure may be terminated by
declaring the goods for outright exportation, subject to
compliance with the conditions and formalities applicable to
this.
•Re-exportation
Re-exportation is the exportation from the customs territory of
goods previously imported into that territory. There are often
occasions where imported goods may have to be exported
again. Such situations arise where the import goods are found
defective after customs clearance or are not in accordance with
specifications or requirements of the consignee. Goods are
also often temporarily imported for the purposes and are then
subject to re-exportation upon the completion of the intended
objectives.
The following conditions shall be fulfilled to re-export
goods imported and declared for home use:
•The goods are not prohibited, and their entry is not contrary
to customs law; and
•The importer requests the customs office of entry to allow
re-exportation before completing customs formalities upon
payment of 5% of the duties and taxes to be paid on the
goods.
For temporarily imported goods, re-exportation is allowed
if the following conditions are met:
Within the specified period the importer has submitted a request
to the customs office of entry to allow the re- exportation; and
Duties and taxes are paid on the depreciated values of
temporarily imported goods upon their re-exportation based on the
tariff currently applicable. The goods declaration used for the
clearance of goods to be re-exported is EX-3.
Pre-Condition
1. Outright Exportation /Direct Exportation/
With registered export transit declaration
track manifest
invoice;
bank permit;
certificate of origin; and
other regulatory agencies
With registered export clearance declaration
Bill of loading or Airway bill
2. Temporary exportation
With registered export transit declaration;
bank permit;
packing list; and
Track Manifest
With registered export clearance declaration
Bill of loading or Airway bill
3. Re-exportation
With registered export transit declaration;
packing list
other concerned regulatory agencies written letter/may or
may not; and
Track Manifest
With registered export clearance declaration-
Bill of loading or Airway bill
In order to provide efficient service and effective monitoring,
the following basic considerations have been considered:
Outline(separate) transit procedure and clearance
procedure clearly
The export of transit procedure based on the risk
management system;
For the selected exporters, a transit permit has been set up
before loading the goods,
Ensure that the examination of the goods is carried out by
the sender premises.
The export document will be closed to ensure that the goods
are properly exported since the bill of loading is provided for
the goods are shipped by ship or aircraft.
There must be a mechanism for obtaining a transit permit
from the exporter warehouse for export goods.
Control over the customs clearance procedure
Undertake post-clearance audit based on risk
management systems;
In a data-driven manner (based on information) do
an emergency(surprise) check,
Effective use of modern information technology for
regulatory(controlling) action they are the main on
Inward and outward processing