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Homeland Security

Washington File

01 May 2003

Bush Asks Senate to Ratify Changes to Customs Convention

(Would facilitate economic growth, he says) (780)
President Bush has asked the Senate to ratify changes in an
international customs agreement called the Kyoto Convention that he
says would further reduce non-tariff barriers to international trade.
In an April 30 letter Bush said that U.S. implementation of the
amendments would facilitate economic growth, increase foreign
investment and stimulate U.S. exports "without compromising standards
of customs control."
Bush said that U.S. accession to the Protocol of Amendment to the
Kyoto Convention also would encourage other countries, particularly
those less developed, to follow suit.
The president recommended accepting all changes but those that
"conflict with current U.S. legislation or regulations."
In 1999 member countries of the World Customs Organization (WCO)
agreed on changes to the 1973 Kyoto Convention -- formally, the
International Convention on the Simplification and Harmonization of
Customs Procedures -- that would make customs procedures more
predictable, standardized and harmonized.
According to the WCO, the key elements of the revised convention are:
-- use of pre-arrival information to drive programs of selective
controls;
-- risk management techniques (including risk assessment and
selectivity of controls);
-- maximum use of automated systems;
-- coordinated interventions with other agencies;
-- making information on customs requirements, laws, rules and
regulations easily available;
-- providing a system of appeals in customs matters;
-- formal consultative relationships with trade communities.
The text of the revised convention can be viewed at
http://www.wcoomd.org/ie/En/en.html
Following is the text of President Bush's letter:
(begin text)
April 30, 2003
TO THE SENATE OF THE UNITED STATES:
I transmit herewith for Senate advice and consent to accession, the
Protocol of Amendment to the International Convention on the
Simplification and Harmonization of Customs Procedures done at
Brussels on June 26, 1999. The Protocol amends the International
Convention on the Simplification and Harmonization of Customs
Procedures done at Kyoto on May 18, 1973, and replaces the Annexes to
the 1973 Convention with a General Annex and 10 Specific Annexes
(together, the "Amended Convention"). I am also transmitting, for the
information of the Senate, the report of the Department of State on
the Amended Convention.
The Amended Convention seeks to meet the needs of international trade
and customs services through the simplification and harmonization of
customs procedures. It responds to modernization in business and
administrative methods and techniques and to the growth of
international trade, without compromising standards of customs
control. Accession by the United States would further the U.S.
interest in reducing non-tariff barriers to international trade.
By acceding to the Protocol, a state consents to be bound by the
amended 1973 Convention and the new General Annex. At the same time,
or anytime thereafter, Parties have the option of accepting any of the
Specific Annexes (or Chapters thereof), and may at that time enter
reservations with respect to any Recommended Practices contained in
the Specific Annexes. In accordance with these terms, I propose that
the United States accept seven of the Specific Annexes in their
entirety and all the Chapters, but one of each of two other Specific
Annexes (A-E, G, and H, as well as Chapters 1, 2, and 3 of F, and
Chapters 1, 3, 4, and 5 of J), and enter the reservations proposed by
the Bureau of Customs and Border Protection as set forth in the
enclosure to the report of the Department of State. The provisions for
which reservation is recommended conflict with current U.S.
legislation or regulations. With these proposed reservations, no new
implementing legislation is necessary in order to comply with the
Amended Convention.
Accession to the Protocol by the United States would contribute to
important U.S. interests. First, accession by the United States would
benefit the United States and U.S. businesses by facilitating greater
economic growth, increasing foreign investment, and stimulating U.S.
exports through more predictable, standard, and harmonized customs
procedures governing cross-border trade transactions. Setting forth
standardized and simplified methods for conducting customs business is
important for U.S. trade interests in light of the demands of
increased trade flows, as is the use of modernized technology and
techniques for customs facilitation. These achievements can best be
pursued by the United States as a Party to the Amended Convention.
Second, through early accession, the United States can continue to
take a leadership role in the areas of customs and international trade
facilitation as the U.S. accession would encourage other nations,
particularly developing nations, to accede as well.
I recommend that the Senate give early and favorable consideration to
the Protocol and give its advice and consent to accession.
GEORGE W. BUSH
THE WHITE HOUSE, April 30, 2003.
(end text)
(Distributed by the Office of International Information Programs, U.S.
Department of State. Web site: http://usinfo.state.gov)



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