NewsWhore
01-09-2007, 04:00 PM
The technical director of the Customs Department, Eduardo Rodriguez is warning that a nation's sovereign rights to impose tariffs as established in the Constitution are in today's supranational world subject to global conventions that the country has signed. In a contribution to today's Hoy newspaper, he points out that these international agreements supersede internal laws and have a supranational character. He calls for the government to be vigilant to harmonize the international law with domestic legislation and application of laws.
Rodriguez points out that country imports are subject to:
1) The goods to be imported and taxed need to be declared according to nomenclature established by the Harmonized Commodity Description and Coding System (HS), based on an international convention of which the DR is part since September 2006.
2) Custom valuation needs to be determined as per methods established in Article VII of GATT 1994 of which the country is a signatory, established in Resolution No. 2-95 of the National Congress.
3) The tariffs are limited by World Trade Organization consolidated tariffs.
Rodriguez also pointed out that the country joined the World Customs Organization (OMA) in 2005 and thus all customs legislation needs to adhere to this entity's regulations and principles, as well as international best practices recommended by the organization. http://www.wcoomd.org/ie/index01.html
Rodriguez recommends that to avoid issuing legal dispositions that breach the international agreements the DR has signed, these accords need to be studied. If not, "we will be creating legal conflicts," he says. He also recommends studying the experience of other countries with agreements similar to ours, and learning from decisions already adopted by the World Trade Organization's dispute settlements division.
"For this one does not have to be an expert on tax or international matters," he concludes. "Only basic knowledge is needed, because today all this information is a click away."
Rodriguez warns: "All the bodies involved in creating taxes or any legislation need to do their homework before devising regulations, because if we fail to do this, we risk harming the country's international image, and what's worse, we could be subject to trade penalties."
More... (http://www.dr1.com/index.html#7)
Rodriguez points out that country imports are subject to:
1) The goods to be imported and taxed need to be declared according to nomenclature established by the Harmonized Commodity Description and Coding System (HS), based on an international convention of which the DR is part since September 2006.
2) Custom valuation needs to be determined as per methods established in Article VII of GATT 1994 of which the country is a signatory, established in Resolution No. 2-95 of the National Congress.
3) The tariffs are limited by World Trade Organization consolidated tariffs.
Rodriguez also pointed out that the country joined the World Customs Organization (OMA) in 2005 and thus all customs legislation needs to adhere to this entity's regulations and principles, as well as international best practices recommended by the organization. http://www.wcoomd.org/ie/index01.html
Rodriguez recommends that to avoid issuing legal dispositions that breach the international agreements the DR has signed, these accords need to be studied. If not, "we will be creating legal conflicts," he says. He also recommends studying the experience of other countries with agreements similar to ours, and learning from decisions already adopted by the World Trade Organization's dispute settlements division.
"For this one does not have to be an expert on tax or international matters," he concludes. "Only basic knowledge is needed, because today all this information is a click away."
Rodriguez warns: "All the bodies involved in creating taxes or any legislation need to do their homework before devising regulations, because if we fail to do this, we risk harming the country's international image, and what's worse, we could be subject to trade penalties."
More... (http://www.dr1.com/index.html#7)