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branch office Complaints Review Sections;
• Review the rejection of objections to the forfeiture of goods or
means of transport submit recommendations to the Director
General of ERCA; and
• Review administrative penalties
imposed and submit
recommendations to the Director General of ERCA.
18.3 Complaint Handling Procedures
A complaint or an appeal to any complaint review sections shall be
in writing and submitted within 15 days from the date of the written
decision causing the grievance. It should be signed and submitted by
the aggrieved person or his/her agent.
According to Articles 14-16 of the Directive to Determine the
Working Modalities of the Customs Complaints Review Sections No.
107/2007 EC, applications to the Complaints Review Sections are
only admissible if the complainant:
• Produces the complaint or appeal within fifteen (15) days of
the department head’s or by director’s(in case of forfeitures)
rendering of the final administrative decision,
administrative
penalty, or forfeiture decisions on goods or means of
transportation; and
• Submits a guarantee that is equal to the contested duty and
tax for the release of the good if he/she wants the release of
the good. In case of exporters and producers or if it involves
post audit clearance, an insurance bond is allowed.
The specifics which must be indicated in the contents of the
complaint or appeal include the following:
• Clarity on the facts and reasons;
• Particulars
relating to the applicant, declaration (its number)
and the decision appealed (with its date) and by whom the
decision was given;
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89 The RKC (Chapter 10, Standard no. 10.9) waives the general need to attach documents in
appeals cases where Customs already has all the relevant evidence and documents. Thus, it
alleviates the burden of the complainant if production of evidence should be for those docu-
ments not available in the system.
90 Article 154(3) of the Customs Proclamation does not demand reasons and justification for the
section’s decisions but Article 10 of the Directive to Determine the Working Modalities of the
Customs Complaints Review Sections No. 107/2007 EC requires that reasons for the decision
be given.
91 This refers to matters under Article 153(2)(b) and (c) of the Customs Proclamation.
• Relevant documents including
evidence on the guarantee
furnished;
89
• If the complaint/appeal relates to tariff matters, the material
of which the good is made; the purpose of the good; if the
good is not assembled completely, the remaining percentage;
an explanation of the difference
of the tariff provisions; and a
reference to tariff provisions/articles and regulations.
The Complaint Review Section at the branch level communicates
its decision in writing
90
to the complainant in thirty (30) days, unless
documents and evidence requirements are not fulfilled. In any
case, evidence requests need to be fulfilled within two months;
otherwise the Section will decide in the next 10 days. However,
if the evidence needed are gathered before the two months limit,
the Section will decide in the next ten (10) days.
The Section also
notifies its decision to the complainant within three (3) working days
of making them.
The Complaint Review Section at headquarters follows the same
time lines when entertaining appeals against decisions taken by
branch office Complaints Review Sections.
For matters that require the decision of the General Manager,
91
the
Complaint Review Section at headquarters will normally pass on
recommendations to the Director General in thirty (30) days, and
the latter then has to take a decision in seven (7) working days. The
decision will include a statement about the right of appeal if there
is total or partial rejection of the complaint and needs to be notified
to the complainant by the Section in three (3)
working days from
the decision of the General Manager. Evidentiary time lines referred
above also work for these particular matters. In case of failure to
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92 This reflects the judicial review suggested in Article 4(1)(1.1)(b) of the WTO Agreement on
Trade Facilitation as well as Article 2/Standard 10/6 of the RKC.
93 As per Article 57 of the Tax Administration Proclamation No. 983/2016, which explains the
appeal procedure.
deliver decisions in the mentioned time limits, it will not block the
complainant from exercising his/her other rights.
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