HoR Passes Law of Customs on Monday

The House of Representatives (HoR) chaired by Dr. Ali Abdel-Aal passed, after the final reading, in its plenary session on Monday a draft law submitted by the government to issue the customs law

The first chapter of the draft law introduced definitions to clarify and define what is meant by certain words, phrases, and customs terms in the application of its provisions.

The added definitions ensure the application of the new law with ambiguity or without.

The second chapter deals with the Customs Authority and its employees to clearly define the duties of the authority, as the current law stipulates separate provisions for some specialties.

The draft law defines the duties of the Customs Authority, which includes: Customs control to secure and facilitate the movement of international trade, complete customs procedures necessary for the release of imported and exported goods, and the collection of all taxes and fees due on them, , in addition to administering the two temporary admission and tax refunds systems.

The authority is tasked with the application of laws, regulations and decisions related to the entry and exit of goods.

The duties of the Customs Authority also includes taking the necessary measures to protect intellectual property rights in accordance with the TRIPS Agreement and the Intellectual Property Protection Law.

The duties will be organized in detail by the executive regulations throughout the country in coordination with the Ministry of Trade and Industry, without any conflict with other relevant laws.

The new law of Customs also includes granting competence for the Minister of Finance or whoever he authorizes in establishing customs departments and points, as well as modifying or canceling them.

Chapter Two of the new law emphasizes adherence to the general rules established in the Code of Criminal Procedure, that granting the status of judicial seizure to the competent customs officers shall be based on a decision from the Minister of Justice in agreement with the Minister of Finance.

The law sets procedures of post audit to enable the Customs Authority to recalculate the taxes and fees due if the review reveals the existence of differences owed to the state if it is proved that their calculation was based on fraud or manipulation committed by any of those connected with customs operations.

The draft law also regulates the time-framework for reviewing records in accordance with the provisions of the Egyptian Trade Law, which obliges merchants to keep the mandatory commercial books for a period of at least five years, starting from the date of closing the book and marking it from the commercial register.

The draft law also adopted the inadmissibility of filing a criminal case in the crimes that are attributed to the Customs authority's employees who have the capacity of the judicial seizure during and because of the performance of their work except upon a written request from the minister or his authorized representative, in addition to rewarding the authority's employees in light of the performance and achievement rates in the work they are assigned to.