Page 233 - Regional Comprehensive Economic Partnership (RCEP)

(a) an administrative appeal to or review by an administrative Article 4.19: Customs Cooperation
authority higher than or independent of the official or office
that issued the decision; and 1. The customs authority of each Party may, as deemed
appropriate, assist the customs authorities of other Parties, in
(b) a judicial appeal or review of the decision. relation to:
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2. The legislation of a Party may require that an administrative (a) the implementation and operation of this Chapter;
appeal or review be initiated prior to a judicial appeal or review.
(b) developing and implementing customs best practice and
3. Each Party shall ensure that its procedures for appeal or review risk management techniques;
are carried out in a non-discriminatory manner.
(c) simplifying and harmonising customs procedures;
4. Each Party shall ensure that, in a case where the decision on
appeal or review under subparagraph 1(a) is not given either: (d) advancing technical skills and the use of technology;

(a) within set periods as specified in its laws or regulations; or (e) application of the Customs Valuation Agreement; and

(b) without undue delay, (f) such other customs issues as the Parties may mutually
determine.
the petitioner has the right to either further appeal to or further
review by the administrative authority or the judicial authority or 2. Each Party shall, to the extent possible, provide the other Parties
any other recourse to the judicial authority. with timely notice of any significant administrative change,
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modification of a law or regulation, or similar measure related to
5. Each Party shall ensure that the person referred to in paragraph its laws or regulations that govern importations or exportations,
1 is provided with the reasons for the administrative decision so that is likely to substantially affect the operation of this Chapter.
as to enable such a person to have recourse to procedures for The notice can be made in the English language or the Party’s
appeal or review where necessary. language and will be provided to the contact point designated
pursuant to Article 4.20 (Consultations and Contact Points).
6. Each Party shall ensure that the person referred to in paragraph
1 is not treated unfavourably merely because that person seeks 3. The customs authority of a Party may, as deemed appropriate,
review of an administrative decision or omission referred to in share with other Parties, information and experiences on
paragraph 1. development of customs administration.

7. Each Party is encouraged to make this Article applicable to an 4. Each Party shall, to the extent possible and practicable,
administrative decision issued by a relevant border agency other cooperate on mutually agreed terms with other Parties with whom
than its customs authority. it shares a common border with a view to coordinating procedures
at border crossings to facilitate cross-border trade.
8. The decision, and the reasons for the decision, of an
administrative or judicial review or appeal shall be provided in
writing. Article 4.20: Consultations and Contact Points

7 Brunei Darussalam may comply with this paragraph by establishing or maintaining an 1. A Party may at any time request consultations with another Party
independent body to provide impartial review of the determination. regarding any significant customs matter arising from the
operation or implementation of this Chapter, providing relevant
8 Nothing in this paragraph shall prevent a Party from recognising administrative silence
on appeal or review as a decision in favour of the petitioner in accordance with its laws details related to the matter. Such consultations shall be
and regulations. conducted through the respective contact points designated

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