World Trade Organization Organisation Mondiale du Commerce Organización Mundial del Comercio

PERU

Additional questions

Chapter III   Trade Policies and Practices

Peru 18:

What are the exceptions to the rule that all transactions under the import regime are required to go through the financial system?

Reply: Manner of payments in respect of all transactions under imports into India is governed in terms of paragraph 5 and 6 of the Notification No. FEMA 14 dated 3.05.2000. This is available in the website www.rbi.org.in.

Peru 19:

What does the Accredited Client's Programme involve and what benefits does it afford importers?

Reply: Accredited Clients Program (ACP) was introduced along with the RMS. The objective is to identify the importers of clean compliance track record and facilitate their consignments upfront. Their consignments are not subjected for any Customs control measures like assessment and examination.

Peru 20:

Customs officials are authorized to seize at the border and destroy goods that infringe the industrial designs and copyrights of a right holder without a court order. Does this not affect an alleged infringer's right of defence? What protection exists against the actions of customs officials in such cases?

Reply: Under the Intellectual Property Rights (Imported Goods) Enforcement Rules 2007, Customs immediately informs the importer as well as the right holder or their respective authorized representatives about the suspension of clearance of the goods along with the reasons for such suspension.

Further, the Commissioner or the officer duly authorized in this behalf has to allow the importer or their duly authorized representatives to examine the goods, the clearance of which has been suspended, and provide representative samples for examination, testing and analysis to assist in determining whether the goods are pirated, counterfeit or otherwise infringe an intellectual property right, without prejudice to the protection of confidential information.

Further, at the request of the importer or his duly authorized representative, Customs shall inform the name and address of the right holder and without prejudice to the protection of confidential information Customs may also provide additional relevant information relating to the consignment, which has been suspended from clearance. Thus, the importer is given opportunity to explain his position before a final decision is taken. There is also provision for filing appeal against the order of the customs officer.

Peru 21:

When a right holder does not live in the country, who is notified if an infringement is detected during the application of border measures under the transhipment and transit regimes?