Measure 4 - Procedures for appeal or review

1
Each Member shall provide that any person to whom customs issues an administrative decision has the right, within its territory, to:
(a)
an administrative appeal to or review by an administrative authority higher than or independent of the official or office that issued the decision;
(b)
a judicial appeal or review of the decision.
2
The legislation of a Member may require that an administrative appeal or review be initiated prior to a judicial appeal or review.
3
Each Member shall ensure that its procedures for appeal or review are carried out in a non-discriminatory manner.
4
Each Member shall ensure that, in a case where the decision on appeal or review under subparagraph 1(a) is not given either:
(a)
within set periods as specified in its laws or regulations; or
(b)
without undue delay
aph
the petitioner has the right to either further appeal to or further review by the administrative authority or the judicial authority or any other recourse to the judicial authority.
5
Each Member shall ensure that the person referred to in paragraph 1 is provided with the reasons for the administrative decision so as to enable such a person to have recourse to procedures for appeal or review where necessary.
6
Each Member is encouraged to make the provisions of this Article applicable to an administrative decision issued by a relevant border agency other than customs.