The implementation of the General Agreement on Tariffs and Trade (GATT) following WWII ushered in the new age of global trade. Following the devastating lows of the 1930’s, the world economy has seen marked increases in trade since the GATT’s implementation.

Most recently, in support of the global recovery from the 2008 financial crisis, the members of the World Trade Organization successfully negotiated the Trade Facilitation Agreement (TFA), also known as the “Bali Package”.

This was the first major global trade negotiation success since the commencement of the Doha Round in 2001. The WTO’s TFA, which came into force in February 2017, focuses mainly on customs administrative processes in order to speed up the movement, release and clearance of goods.

The agreement also aims to increase cooperation measures between customs and other authorities to better facilitate the movement of goods. One of these processes is the post-clearance audit (PCA).

Easing trade flow is not without its challenges

A PCA is the verification of customs declarations through the examination of documentation held by traders or their agents after the goods have been “released” from customs control. This is a key control method used to ease the movement of goods through a risk-based selection process. This also marks a departure from a purely transaction-based approach to an audit-based process.

The approach to post-clearance audit has evolved over the years. The Revised Kyoto Convention (RKC) gave greater focus to modernizing and improving customs processes in border management administrations.

A major challenge in the post-clearance audit processes is finding an accurate way to measure the effectiveness of the audit program and the compliance level or ‘compliance health’ of trade.

Due to the complicated nature of the import and export industry, compliance challenges can be significant. There can be a lack of documentation to support or challenge the importer’s or exporter’s records. Third parties that are in foreign jurisdictions may not co-operate with auditors, and variances in how different regions conduct audits and verifications may result in confusing and inconsistent decisions for traders.

The reality is that importer and exporter compliance behaviour is complex, with multiple factors to consider when attempting administration of border regulations.

6 rules for audits as per the OECD

The OECD Centre for Tax Policy and Administration (CTPA) provided recommendations in 2006 which, although specific to tax administrations, could apply to any audit-based program. In accordance with the OECD’s CTPA, audit programs must:

1. Promote voluntary compliance
2. Detect noncompliance at the individual importer or exporter level
3. Gather information on the “health” of the import and export systems, including information on compliance rates and trends in noncompliance
4. Gather intelligence
5. Educate importers and exporters
6. Identify areas of the law that require clarification

Post clearance audits are critical in encouraging the trading community to be in compliance. At the same time, the reality of limited resources requires a strategic approach to planning, implementing and maintaining an effective PCA program.

Unlike a tax audit, a customs PCA is rarely a full audit.  A full audit is all encompassing, including a comprehensive review of all aspects of a taxpayer’s liability. Whereas a PCA, on the other hand, is similar to a limited-scope audit or a single-issue audit, where one or two programs are generally reviewed around a sampling of commodities – consequently, a full picture of trader compliance is difficult to achieve. The application of a risk-based audit process is critical, as is a method for capturing and sharing audit results at an enterprise level.

The WTO TFA states border management administrations must ensure that there is a comprehensive legal framework to support post-clearance audits.

In addition, organizations should also follow established management processes, including a comprehensive measurement framework with well-defined verification and audit procedures. This framework should also include a necessary support structure with robust human resource management and development programs to support the entire process according to the OECD.

PCAs play a key role in empowering developing trading nations

Through the use of PCAs, fewer resources are required at the border for inspection, freeing up resources for other important border work. These audits are critical in reducing lost revenue for both developed and developing countries.  Even countries with relatively low duty rates can benefit significantly from an effective PCA regime.

The challenges faced by both developing and developed countries are chiefly around resources. Regardless of the return on investment for PCAs, often there are too few tools, too little training, and underdeveloped or nonexistent systems.

A strong, well developed post-clearance audit program can be a critical tool in managing trade, provide important intelligence on the functioning of the trading community, and increase revenues for governments.

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The horrific events in Paris were very much in the hearts of participants, and even in that sadness there was a palpable sense of determination, particularly among several French delegates with whom I interacted over the summit weekend.

One gentleman, whose wife is a medical professional at a hospital near one of the hardest hit areas, reminded us that it was France that brought the aspiration of “Liberté, Egalité, Fraternité” to the world.

The heartfelt comments of IMF Managing Director Christine Lagarde on a panel at the B20 session were equally moving in their reminder of the value of even an expression of support and concern for friends and colleagues across France.

The words to inspire us all

The parallel tone of the event, and the privilege of being “in the room” at the B20 was brought sharply into focus for me in Frankfurt, just before leaving for Turkey. It transpired that a woman behind a cash register whom I spoke with briefly had just been to Antalya.

Her parting words, “do your best for the rest of us,” echoed in my mind several times over the next few days, even though I did not have the opportunity to express to this citizen approaching her retirement that my involvement was very narrow, peripheral and limited.

Her words should, however, resonate with those leaders in Antalya in the business community, and certainly in the political leadership, as well as various complementary streams of activity.

The privilege of true leadership should come with a compelling sense of duty to ‘do the best for the rest of us’ and a determination to deliver substantively, even on the toughest issues.

Today’s strong leadership is looking at the bigger picture

As an unabashedly proud Canadian, it was excellent to see our new Prime Minister make his international debut at the B20 session in Antalya, very warmly received by top business leaders and the heads of various international organizations who shared the podium with Prime Minister Trudeau.

It was good to hear Financial Stability Board Chair and Governor of the Bank of England Mark Carney (another fellow Canadian) speak with focus and authority on the efforts underway to assure long term stability in the global financial and economic system.

And from the perspective of the work of our Task Force, it was inspiring to hear Governor Carney specifically mention trade finance in his remarks.

Trade finance is an esoteric domain, the critical importance of which is increasingly appreciated in business and political circles today.

Business leaders, including the CEOs of Coca Cola, Nestlé, SEB Bank, Sabanci and numerous others, were in attendance, as were the heads of the IMF, the WTO, the OECD and the International Chamber of Commerce. One striking undercurrent in the formal remarks, and in the exchanges which followed, is a sense among even the most hard-core business leaders that we need to start thinking more, and more seriously, about the bigger picture.

Numerous interventions reflected notions around the social responsibility of business, the role of commerce in international development, poverty reduction and peace and security. Chief among them was the imperative for executives to think long-term, and to think strategically about issues like sustainability and climate change.

This discussion is crucial, even as some sectors struggle with post-crisis regulatory issues, inconsistent legal standards across borders and issues like skills gaps and labour mobility.

Critical role of international trade in economics and sustainability a common thread

A cynical view might suggest that such musings are shaped by the context, and by the high visibility of the B20/G20 event. However, the sincere non-verbal cues – of certain speakers in particular – were undeniable, and the global nature of the gathering ensures a wide range of perspectives, reference points and ideological leanings.

All of it was underpinning a far-reaching exchange of ideas, even for the business-focused stream of the B20.

Several senior business leaders advocated directly and energetically for ratification of the WTO Trade Facilitation Agreement, and WTO Director General Azevedo, also a promoter of the importance of trade financing (as shown in his remarks at the Conference for Financing and Development in Addis Ababa last July) invited business leaders to engage more directly with the WTO going forward.

The crucial role of trade in the creation of economic value, reflected in part by the growth of global GDP, was specifically addressed by OECD Secretary General Angel Gurria.

Financial and economic inclusion, as well as the importance of small business, were also recurring themes, addressed directly or through advocacy for the Trade Facilitation Agreement by delegates like Guler Sabanci, Chair, Sabanci Holdings and Sunil Bharti Mittal, Chairman and CEO, Bharti Group, and Vice Chair, International Chamber of Commerce.

The critical role of small business in underpinning economic growth was widely acknowledged, not only at the Antalya Summit, but in the year-long work of the various B20 Task Forces, and the reports and recommendations produced by each task force.

Turning ideas into action

The dialogue and deliberations of the B20 Summit touched on numerous important points, and reflected a high degree of alignment on several major business-related themes, even those with wider and more complex implications, and a focus on the tag line “Business Diplomacy at its Best”.

The Turkish Presidency explicitly sought to maintain continuity with the efforts of the B20 Australia summit in 2014, and directed task forces to focus on the generation of implementable ideas and implementation.

Even with this focus and alignment, it is understood that one of the objectives of the business stream – gaining the attention and support of the most senior political leadership of the G20 – is a very difficult task, given the many highly sensitive priorities vying for attention.

The channel is very narrow, and demands a short, focused message, even with the support of organizations like the International Chamber of Commerce and many others actively and strongly supporting such efforts.

While reaching the G20 is an important objective of the B20 (and other parallel) processes, in the end, the research, analysis and recommendations of a series of task forces with world-class chairs and knowledge partners, stands on its own merits.

The year-long work of task force members serves as an excellent global basis for the development, sharing and dissemination of transformational business policy and practices.

Preparations are already underway for the next G20 and B20 events under the Presidency of China in 2016, with the official handover completed in Antalya.

It is incumbent upon all of us, however, to ensure that the work completed over the past year becomes part of an iterative, evolving process and contributes meaningfully to doing “the best for the rest of us”.

What else does Alexander do?

Learn more about the intricacies of Trade Finance from one of the leading subject market experts on the topic. His critically acclaimed book Financing Trade and International Supply Chains will give you deeper insights into nature of trade finance at its core, and of the versatility of this discipline in enabling trade flows involving businesses of all sizes.

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