7 Customs warehousing
7.1 Introduction
The Revised Kyoto Convention establishes standards and
recommended practices for the following terms and concepts
related to customs warehousing:
39
a) Establishment, management and control of customs warehouses,
b) Admission of goods;
c) Authorized operations;
d) Duration of stay;
e) Transfer of ownership;
f) Deterioration of goods;
g)
Removal of goods; and
h) Closure of a customs warehouse.
The Ethiopian rules on customs warehousing incorporates many
of the specifications and standards set in the RKC. For example, in
accordance with the RKC, customs warehousing is defined as the
customs procedure under which goods are stored under customs
control in a designated place (a customs warehouse) without
payment of duties and taxes. The Customs Proclamation prescribes
that customs warehouses may be established for general use (public
customs warehouses) or for the use
of specified persons only
(private customs warehouses).
The main purpose of the customs warehousing procedure is to
facilitate trade and, specifically, the next customs operation. Since
goods deposited in a customs warehouse do not become liable to
39 RKC, Specific Annex D, Chapter One.
ETHIOPIAN CUSTOMS GUIDE -
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54
the payment of import duties and taxes
until the goods are cleared,
it allows the owner of the good
40
sufficient time to negotiate their
sale or to arrange for the goods to be processed or manufactured.
Because of their exemption from duties while in storage they are
closely regulated by government. Therefore, warehouses are an
essential part of the customs process and the details on how they
operate are given below.
Ethiopian customs law distinguished three types of customs
warehouses. These are:
a)
Temporary customs storage, i.e. a type of customs warehouse
which can be enclosed or open premises including dry ports,
where, according to Article 2(10) of the Customs Proclamation:
• Import goods are stored under customs control (in other
words, subject to any measure by ERCA to ensure compliance
with customs law), until they are released upon completion of
customs formalities or transferred to a bonded or government
customs warehouse; and/or
• Export and transit goods are stored under customs control
until the completion of the applicable
customs formalities or
until they are transferred to a bonded or government customs
warehouse.
b) Bonded customs warehouses, which are authorized to deposit
incoming goods at the customs port. In particular, these are
warehouses where goods are stored under customs control without
payment of duties and taxes; important
examples are duty free
shops
41
and bonded factories.
42
Generally, goods are stored in
bonded customs warehouses for a longer period of time than
40 ERCA may permit transfer of ownership but the person to whom ownership of goods stored
in customs warehouse is transferred will assume the obligations of the previous owner as
it relates to the goods. Caution is required in the case of duty and tax exempted imported
goods, since such privileges cannot be transferred to another person.
41 Established in international airports or, where necessary, in other places
in which duty and tax
free goods are sold to international travelers and other duty free privileged persons.
42 Bonded factories produce goods under customs control using raw materials and accessories
acquired without payment of duty and taxes.
ETHIOPIAN CUSTOMS GUIDE -
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55
under temporary customs storage, where they only stay until the
completion of documentation and other formalities; and
c) Government customs warehouses are warehouses where goods
seized or forfeited for violating customs law as well as abandoned
goods are stored under customs control until they are sold or
disposed. Unlike
the other types of warehouses, government
customs warehouses are run by ERCA itself.
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