| OTO No. | 628 | Classification | MOF-115 | |
|---|---|---|---|---|
| Date of Acceptance | November 16, 2000 | Ministry/Agency Receiving Complaint | Cabinet Office (Economic Planning Agency) | |
| Responsible Ministries | Ministry of Finance | Related Laws | Customs Law | |
| Complainant | Hiroshima Chamber of Commerce and Industry (Proxy complaint) | Exporting Countries | |
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| Subject | Flexible management of NACCS procedures for export and import declarations | |||
| Description of Complaint | Japan has the Nippon Automated Cargo Clearance System, or NACCS, to process export and import declarations and other customs clearance procedures with computers, operated by the NACCS Center. When the center's computers are suspended due to system troubles, export and import declaration and other procedures are halted and system users have no choice but to wait until the system resumes operations. Although declarations through documentation are possible, documentation can take much time and cannot be completed in time for procedures that have to be finished promptly. If the NACCS is suspended due to trouble, a series of procedures from export and import declarations to their permits will be suspended. Therefore, in the case that NACCS is suspended during ordinary office hours, if one hour was required for system recovery, that one hour should be replaced by a one hour extension of operation (not considering it charged temporary administrative service). | |||
| Details of Measures |
1. The ministry forwarded its reply as follows: (1) Those who request the processing of export or import permits, etc. on nonworking days of administrative bodies or out of customhouse's operational hours must file application for temporary administrative service with the Customs Director to obtain approval (Article 98 of the Customs Law). In such a case, from the standpoint of the benefit principle, the beneficiary shall pay a fee for temporary administrative service, which is provided in the cabinet ordinance in consideration of the actual costs incurred by the processing out of office hours (Article 100 of the Customs Law). (2) NACCS is a system operated by the NACCS Center, which is an authorized corporation, and those who have concluded a usage contract with the corporation are allowed to make export and import declarations and other procedures. In the case the system goes down, declarations are received by documentation. However, even in such case, we consider it inappropriate to recognize a difference between NACCS users and nonusers in terms of their treatment. (3) Even in the case where one is forced to make a declaration through the NACCS out of office hours of the customhouse since the NACCS has gone down, we consider it necessary for the one concerned to file an application for temporary administrative service in order to request temporary customs procedures out of office hours. |
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| Classification of Processing | D | Directions | II-a | |
| Remarks |
A written question by the ministry was made on November 22, 2000. A written reply by the complainant was made on February 8, 2001. A written reply was made on February 22, 2001. |
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