Module IV Customs Facilitation in Emergency Humanitarian Assistance: The Nepalese Case

1. Customs Awareness Training Series Module IV Customs Facilitation in Emergency Humanitarian Assistance: The Nepalese Case

2. Module Overview • This module on ‘The Nepalese Case’ will cover the following topics: • Humanitarian Assistance • Implementation Plan of the Customs Agreement • Emergency Response Plan • Training: First Round of Workshops

3. Humanitarian Assistance • Each State’s authorities control all commodities entering (import), leaving (export) or passing through (transit) their territory • A number of national laws, Customs Codes, regulations, instructions, procedures, etc. govern the cross-border movement of goods • There is NO definitive international law spelling out legal standards related to disaster response • Each State is sovereign – they decide whether or not to receive aid

4. Relief Consignments “…goods such as vehicles or other means of transport, foodstuffs, medicaments, clothing, blankets, tents, prefabricated houses, water purifying and water storage items, or other goods of prime necessity, forwarded as aid to those affected by a disaster…”

5. Laws Related to Relief Consignments* Whereas there is still NO definitive international law spelling out legal standards related to disaster response… There is a Model Agreement on measures to expedite the import, export and transit of relief consignments as well as possessions of relief personnel in the event of disasters and emergencies. UN-OCHA presents to the governments in order to promote its signature… * Such Agreement was included as Annex J, Chapter 5 of the Revised Kyoto Convention. Refer to Module II for further information on the “Relief Consignment” concept and other categories of assistance.

6. Model Agreement Features It includes specific features such as: a. Only internationally recommended Customs facilitation measures are included in the text of the agreement (not just anything!!); b. The agreement aims at speeding up and simplification of existing national Customs clearance procedures, and not at their abolishment; c. No new privileges and/or immunities are foreseen and/or requested for any of the participants in the UN-led humanitarian emergency assistance operations and full compliance with national regulations is required from them; d. The agreement includes a confidence-building measure in the form of UN certification of all non-UN participants in a particular UN-led humanitarian emergency assistance operation; e. The agreement covers all UN-led humanitarian emergency assistance operations and is to be automatically applied by all national Customs offices at border-crossing points. f. It should be noted that, although signed with the United Nations, the procedure applies not only to UN Agencies but also to other bona fide humanitarian communities.

7. Practical Actions It can all be summarized in the following practical actions to be carried out by the Customs authorities, who will provide for: • Lodging of a simplified Goods declaration or of a provisional or incomplete Goods declaration subject to completion of the declaration within a specified period; • Lodging and registering or checking of the Goods declaration and supporting documents prior to the arrival of the goods, and their release upon arrival; • Clearance outside the designated hours of business or away from Customs offices and the waiver of any charges in this respect; and • Examination and/or sampling of goods only in exceptional circumstances.

8. Countries that Signed • As of February 2007, the following seven countries had accepted Annex J, Chapter 5 when ratifying the Kyoto Convention: Algeria, Australia, Korea (with reservations), New Zealand, Uganda, United States of America, Zimbabwe • Apart from that, Nepal, South Korea, Uzbekistan and Honduras have signed the Model Agreement as a separate international agreement - promoted by OCHA LSU

9. Nepal Pilot Project The Nepalese government signed the Agreement on 31 May 2007… …and immediately requested support to get ready for its (eventual) practical implementation. As this was the first time that a government was proactively requesting support of this type, OCHA and the UNJLC began a Pilot Project to develop the materials needed…

10. Implementation Plan • The Implementation Plan was formed by THREE (3) COMPONENTS: • the STAKEHOLDERS • the EMERGENCY RESPONSE PLAN • the TRAINING materials and workshops for the Nepalese officials (customs officers and other civil servants)

11. Stakeholders • 1. WORKING COMMITTEE: • UN-OCHA • Disaster Section of the Ministry of Home Affairs, MOHA • Customs Department (under Ministry of Finance, MOF • Prime Minister’s Office • 2. UNJLC Customs Team (UN Joint Logistics Centre) • 3. UN-OCHA LSU (Logistics Support Unit) • 4. Customs & Other Governmental Officials and Humanitarian Aid Workers

12. Emergency Response Plan PLANNING DISSEMINATING REHEARSING WHO is going to be doing WHAT WHERE and WHEN

13. Emergency Response Plan • A detailed plan that set up the logistics in the event of a humanitarian crisis, when it comes to the activation and application of the Customs Model Agreement. • It is built up of NINE COMPONENTS: the IMPLEMENTING PROVISIONS of the CUSTOMS MODEL AGREEMENT, therefore, where the most technical practicalities are laid out. • It has a huge impact on the operations.

14. Component 1:Nepal Institutional Framework for Disaster Risk ManagementComponent 2:Communication mechanisms once the state of emergency is declared Component 3:Standard Operating Procedures for Emergency Customs ProceduresComponent 4:List of Prohibited ItemsComponent 5:United Nations Disaster Response Operation and the UN Certificate

15. Component 6:Re-exportation of relief consignmentsComponent 7:Transit and Release Times Tracking & Bottlenecks Identification MechanismsComponent 8:Appealing and Problem Solving ProcessComponent 9:Dissemination Plan & Updating Mechanisms

16. Training • The main concern of the Nepalese Government was how to: • Disseminate information about the existence of the agreement and its implementation process • Give hands-on training on the practical application to all the governmental officers involved in the process.

17. UN-OCHA Nepal and the UNJLC Customs Team: • - Identified target groups, locations and number of workshops needed; • - Defined the contents; • - Elaborated the training materials (trainer’s book and support overheads); • - Studied already existing materials and the possibility of whether training should be separate or embedded within already existing training programmes of the Ministry of Finance; • Studied the possible organization of awareness sessions on the Agreement and its implementation for the humanitarian community; • Organized a first round of workshops

18. WORKSHOPS AT TWO LEVELS • Policy Level: one-day duration, with alternative dates, hosted by MOHA, facilitated by UN-OCHA Nepal. Audience: ministries and department officials interested in the subject or expected to be directly involved on its activation during crisis. • b. Field Level: two-hour sessions, prior to working hours, to customs officers, investigations and quarantine officials, etc., in the major entry points (including Kathmandu airport).

19. First Round of Workshops – August 2008 18 August – Kakarbhitta Customs 19 August – Biratnagar Customs 25 August – Bhittamorh Customs 26 August – Birganj Customs More information to follow once completed and documented.