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The paper "The World Customs Organization and Harmonized System Committee" discusses that Secretary General heads the WCO secretariat and WCO is governed by the Council which gathers all members of the WCO annually, whereby the meeting is chaired by the Chairperson. …
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Assignment 2
Part 1
Introduction
The World Customs Organization (WCO) is managed by the Council which ensures that all members meet annually, whereby the meeting is chaired by the elected Chairperson. Other planned and administration leadership is offered by the Policy Commission and the Finance Committee. The WCO committees avail a platform for building up instruments and the best operations regarding the custom’s competencies1. The paper will evaluate the structure of World Customs Organization and it will thus review several committees in World Customs Organization. The role of Policy commission will be established and still the paper will elaborate legal propositions of the decisions that the committees make.
Contact Committee
This committee tackles the matters that result from the application of Guidelines and specifically seeks the ways of maintaining the Guidelines updated and reflective of the requirements of Members and of industry. In short, this committee promotes the appliance of the Guidelines for the commissioners who develop API systems. It also evaluates the questions that are related to interpretation and application of the Guidelines and assesses the proposals for modification to the Guidelines and the Appendices thereto. Finally, the committee acts as the platform where information is exchanged on matters of common interest associated with offering of advance passenger information to the authorities2.
The Contact Committee adopts a report showing the discussion regarding the Agenda items and the conclusions arrived at. The Committee also submits the details of any changes that have been recommended to the Guidelines as well as the Appendices thereto to the WCO’s Permanent technical Committee (PTC) for approval.
The contact Committee elects a Chairperson in addition to Vice-chairperson for a term of one year who heads its operation3.
Harmonized System Committee
This committee works together with the World Trade Organization, the United Nations Statistics Division, the International Chamber of Commerce, the United Nations Environmental Program, and the Convention on International Trade in Endangered Species of wild fauna and flora, the Organization for the Prohibition of Chemical Weapons and the Rotterdam Convention on the Prior Informed Consent (PIC)4.
Audit Committee
The Audit Committee supervises the Audit function and advises the Policy Commission, the Council and also the Secretary General of WCO in connection to the function and the development of this role. The Audit Committee is directed by the WCO Council with the managerial support availed by the WCO Secretariat. The Audit Committee helps the Policy Commission and the Council in accomplishing their supervision responsibility in regard to.
The general execution of the WCO Strategic Plan.
The budget allotment procedure and performance measurement policies as well as the operations of the Organization.
Resourceful and effectual program management and the accomplishment of set objectives, as drawn in the Strategic Plan.
The fortification of resources and their resourceful and valuable application against acknowledged priorities.
The identification and alleviation of noteworthy risks5.
The Audit Committee offers sovereign, documented objective advice to the governing bodies of the WCO by using the organized review and follow up of all internal and external Audit work carried out in connection to the WCO control environment, risk administration operations, decision support, and authority and compliance procedures. The WCO financial as well as management Audits are done according to the Council’s decision, by sovereign certified auditors from private sector. The Audit Committee reviews, discusses and reports to the Policy Commission and Council regarding any issue connected to its terms of reference. Generally, the Committee reviews and approves the annual Audit plan and also reviews audit recommendations as well as the findings. It also evaluates the results of the Audit procedure and reviews and examining the performance of autonomous auditors. It also assures that Audit work is done to the highest standards and monitors the implementation of the WCO planned plan on a cyclical basis.
Still, the Audit Committee advices and makes recommendations to the Policy Commission and the Council in addition to the Secretary General regarding any relating to the WCO Audit function, according to the Audit committee and this includes its organization, resources, training and utilization of the technology6. This committee is coordinated by the Chairperson and Vice-chairperson are selected by the Council for a term of years.
The Enforcement Committee aims at protecting the society in the broadest logic of the term. It works together with network of many network partners including the private sectors. The Permanent Technical deals with the activities connected with harmonization and simplification of Custom’s processes. It also commonly cooperates with numerous players on the international trade outlook, for instance International Chamber of Commerce. There is also Technical Committee on Rules of origin which is efficient with addressing the rules of origin of the World Trade Organization.
Financial Committee
The function of this Committee is to offer support advice to the Policy Commission, Council in budgetary as well as financial issues. The financial committee examines the full Audit Report set by the WCO’s external financial auditors in conjunction with the Secretary General’s remarks thereon. Basing on that report and the audited accounts for the preceding financial year, it recommends if suitable that the Council endorse the accounts, accepts the Secretary General’s recommendation for the allotment of the outcome of the Profit and Loss Account and releases the Secretary General of his financial roles for the preceding year. In regard to the present year, the Financial Committee implements the budget as well as the cash flow circumstances for the progressing financial year and where suitable advices the Council on the necessary measures. It also evaluates, where suitable, approve any measures already carried out during the financial year to be able to apply to the WCO’s several payment scales any changes made within the Coordinated Organizations. It also analyses the financial insinuations of any tasks allocated to the Secretariat and not incorporated within the budget appropriations endorsed by the Council and also makes the recommendations to the Council in regard to the financing of the given tasks7.
Still, financial committee considers a conditional scale of members’ contribution for the year and also evaluates the contribution from the members, operating costs, an approximated Profit and Loss Account and balance sheet as well as a staffing table for the subsequent financial year. The financial committee also analyses the financial implications of executing the strategic plan and also reports the appraisal to the Policy Commission and the Council. It also analysis the financial and budget state of the WCO on quarterly basis and also assessments done at the annual session of the Committee8.
The Finance Committee is directed by the WCO Council with managerial support offered by the WCO Secretariat. The Financial Committee performs the duties allocated to it by the Financial Rules made by the Council and also examines the specific financial or budgetary issues referred to it by the Council, Policy Commission or by the Secretary General9.
Part two
Role of Policy Commission
The Policy Commission was instituted to act as a dynamic routing group to the council. One role of the Policy Commission is to deal with the wide policy questions that are pertinent to the undertakings of WCO. This Commission thus acts as the dynamic Steering Set to the Council. Moreover, the Commission initiates studies regarding the policies, operations as well as the processes of the WCO with the aim of assisting the Council to accomplish the wide objectives of its activities10.Comprehensively, the main roles of the Policy Commission involve:
Evaluating the questions that have been referred to it by the Council, the entity members of the Policy Commission or else Council, the Finance Committee or the question referred to it by the Secretary General. The Commission does this either through own proposal or if requested by one of the WCO” technical Committees or may be other entities.
After examining the questions, the Commission makes necessary recommendations to the Council or the applicable Committee, or offers advice to the Sectary General. Policy Commission can also instruct the Secretary General to carry out additional research or reflection on a certain issue, on the basis of which the Policy Commission considers the issue.
If there is an emergency, the Commission has the power to request the Secretary General to carry out such action as the Commission deems required in the interests of WCO and to report such resolution to the subsequent meetings of the Council.
Every June, the Commission is supposed to carry out preliminary assessment of the Strategic Plan which is prepared annually by the Secretariat, and is [resented initially to the Policy Commission and next to the Council.
Every December, the Policy Commission evaluate a Program Budget for the subsequent year and makes necessary recommendations to the Finance Committee regarding the universal budgetary orientations, and this includes the sum amount of the General Operating Expenses) which are to be presented to the Council for the given year.
Every December, the Commission caries out a mid year review of the activities of WCO that are based on both written and oral reports presented by the Secretary General. The commission does this as a way of supervising the progress on behalf of the Council.
Every June, the Commission also assesses the Audit Report I regard to the commentaries on it by the Finance Committee and then makes required recommendations to the Council accordingly. The chairperson chairs the Policy Commission and a Vice-Chairperson may be elected by the committee. The Policy Commission works under the Council11.
Advice to the DG
Policy Commission should derive its authority from Article III of the World Customs Organization convections. The article ascertains that the policy commission has the authority to delegate all the matters that pertains policy issues in the practices of the World Customs Organization. It is therefore important the articles are used as a basis for solving problems. World Customs Organization conventions should also give the policy Commission the authority to be the chief adviser of both World Customs Organization Council and Secretariat as well.
Conclusion
World Customs Organization (WCO) offers leadership in the expansion of avenues within international trade. The simplicity and harmonization of World Customs Organization procedures have endeavor contributed toward the success of the international trade. Secretary General heads WCO secretariat and WCO is governed by the Council which gathers all members of WCO annually, whereby the meeting is chaired by the Chairperson. Further strategic and management leadership is offered by the Policy Commission and the Finance Committee as well.
A number of WCO committees, for instance the Harmonized System Committee, the Permanent Technical Committee, the Technical Committee, the Capacity Building Committee, and the SAFE Working Group, offer a foundation for the development of instruments and most excellent practices on customs proficiencies.
Bibliography
Books
Dept. of the Interior, 2008, Review of the report of the President's Materials Policy Commission, University of Michigan, Michigan.
Carl, A., 2008, Import/Export: How to Take Your Business Across Borders, McGraw Hill Professional, New York.
Correa, C., 2009, Intellectual Property Enforcement: International Perspectives, Edward Elgar Publishing, London.
World Customs Organization, 2006, The Harmonized System: a universal language for International Trade, World Customs Organization, New York.
Journals
Bureau of National Affairs, 2008, International trade reporter, Volume 15, Issues 1-25, Bureau of National Affairs, Washington DC.
Commonwealth Business Media, 2008, The journal of commerce, Volume 5, Issues 27-39, University of California, California.
Legislation
Webb, B., 2007, Special report - Policy Commission, Volume 10, Wiley, New Jersey.
World Customs Organization, 2007, WCO customs data model, World Customs Organization, New York.
World Trade Organization, 2006, Dispute Settlement Reports: Volume 12, Pages 5085-5494 2008, Cambridge University Press, Cambridge.
Other Sources
Patrick O'Neill, 2007, Law and Bills Digest Section: ‘Was there an EM?’ Explanatory Memoranda and Explanatory Statements in the Commonwealth Parliament Retrieved March 10, 2010 from
World Customs Organization, 2003, World history of the customs and tariffs, World Customs Organization, New York.
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