ICC Integrity Toolkit

Much effort can be wasted on broad front campaigns for Customs integrity, but those conducting more focused efforts to improve standards very soon find that they are moving along the same path as others seeking efficiency.

This Toolkit, therefore, is based on the assumption that it is very difficult to imagine a fully efficient, yet dishonest Customs service and on the related belief that any Customs offering its stakeholders high operational functional satisfaction will also turn out to have equ ally high standards of morale and behaviour.

Experience has shown that there are certain features of Customs management and operation that are particularly important in encouraging and sustaining integrity. The Toolkit identifies these through the choice of relevant Guidelines and their associated Explanatory Notes that add useful detail and outline the benefits, often linking integrity to efficiency, that adoption of the Guidelines can bring to governments, business and Customs themselves.

The Guidelines grouped under the general heading of "Workforce and structure" are clearly relevant to integrity. Guideline 3 (Customs Workforce) sets some basic requirements in salary levels, recruitment, promotion and career management. Guideline 4 (Customs Integrity) instances the need for an internal security unit to supervise staff standards, known and readily accessible to the trade community. Guideline 5 (Customs Employee Identification) helps ensure public confidence in Customs by stipulating reliable means of identification.

A further set of Guidelines focus on procedural elements that reduce special openings and opportunities for malpractice, bearing in mind that dishonest traders normally seek and reward Customs to obtain their collusion in fraudulent arrangements.

This unfortunate combination of official cupidity and commercial fraud is especially prevalent in valuation procedures. Guideline 39 (WTO Valuation Agreement) urges full implementation of that Agreement which has greatly reduced the scope for such practices by obliging all member states to accept a simple; straightforward basis of transaction value.

This is supported by Guideline 40 (Binding Rulings) which calls for binding pre-entry valuation rulings on request, Guideline 41 (Customs Experts) which specifies provision of Customs experts to advise traders on valuation and other procedures and Guideline 43 (Publication of Rulings) calling attention to the need to publish rulings on valuation, origin and classification issues.

Guideline 32 (Automated Payment) looks to eliminate the focal influence of over - or under - the counter cash payment of duties and other Customs charges.

Physical inspection of cargo, another convenient occasion for the exaction or offer of irregular payments, figures in Guideline 14 (Selective Examination) which supports the use of targeting suspect consignment through the use of automated compliance measurement and risk-assessment systems and Guideline 17 (Non-intrusive Inspection) looking to methods which obviate the need for actual disturbance of packing, container or means of transport.

Behind these directly relevant Guidelines lie some more generally useful measures, including Guideline 32 (Electronic Filing) prescribing the use of automated systems, offering a high degree of predictability and easy post-facto analysis of the efficiency, speed and regularity of key processes as well largely eliminating the need for official signatures, traditional excuses for systematic petty extortion..

Integrity is given useful support if traders have confidence in arrangements for settling disputes and meeting grievances. Guideline 48 (Appeals) offers the important reassurance of eventual appeal to a judicial tribunal independent of Customs and Guideline 31 (Ombudsman) calls for the appointment of an experienced Customs officer to assist traders in approaching or raising queries with the administration.

Finally Guideline 30 (Memoranda of Understanding) supports the use of formal Memoranda of Understanding to enhance co-operation between Customs and the trade community in respect of information exchange, security and training, with obvious associated benefits in the interdiction of Customs fraud and so the support of Customs integrity.