Measure 7.3 - Separation of release

7.3

Separation of Release from Final Determination of Customs Duties, Taxes, Fees and Charges

1
Each Member shall adopt or maintain procedures allowing the release of goods prior to the final determination of customs duties, taxes, fees, and charges, if such a determination is not done prior to, or upon arrival, or as rapidly as possible after arrival and provided that all other regulatory requirements have been met.
2
As a condition for such release, a Member may require:
(a)
payment of customs duties, taxes, fees, and charges determined prior to or upon arrival of goods and a guarantee for any amount not yet determined in the form of a surety, a deposit, or another appropriate instrument provided for in its laws and regulations; or
(b)
a guarantee in the form of a surety, a deposit, or another appropriate instrument provided for in its laws and regulations.
3
Such guarantee shall not be greater than the amount the Member requires to ensure payment of customs duties, taxes, fees, and charges ultimately due for the goods covered by the guarantee.
4
In cases where an offence requiring imposition of monetary penalties or fines has been detected, a guarantee may be required for the penalties and fines that may be imposed.
5
The guarantee as set out in paragraphs 3.2 and 3.4 shall be discharged when it is no longer required.
6
Nothing in these provisions shall affect the right of a Member to examine, detain, seize or confiscate or deal with the goods in any manner not otherwise inconsistent with the Member's WTO rights and obligations.