| TOP |
| 6th Report of Market Access Ombudsman Council (March 16, 2000) |
1. Complainant: Tokyo Chamber of Commerce and Industry
2. Ministry concerned: Ministry of Finance
3. Complaint:
Application for service outside of regular hours requires payment of service fees. However, interpretation as to whether this refers to the time for initiating procedures or for completion of examination of documents differs depending on the official in charge, and standards for service outside of regular hours should be clarified.
Further, since services provided outside of regular hours are the same as during regular service hours, the overtime service fee itself should be eliminated
4. Corresponding Policy of the Ministries concerned:
(1) Regarding operation of administrative offices on holidays or operation of customs offices during hours outside of regular hours, parties requesting customs service outside of regular hours may apply for approval to the director general of regional customs, stating the type of service required, the time and the reason for the request. The director general of regional customs will approve the application if it is deemed that service outside of regular hours will not interfere with the administration of the customs office. (Customs Law, Article 98; Cabinet Order for Enforcement of the Customs Law, Article 87)
Parties whose request for customs service outside of regular hours has been approved must pay service fees (approval fees for service outside of regular hours). (Customs Law, Article 100)
Approval fees for service outside of regular hours are set on an hourly basis or part thereof, in accordance with the time spent by customs officials performing duties outside of regular hours. (Law on Customs-related Service Charges, Article 2)
Accordingly, the hours of operation outside regular hours refer to the time from beginning to end of the service outside regular hours requested by the applicant, and these standards are already clear.
(2) The system for providing service outside regular hours is used when customs service outside regular hours is requested. Since it is intended for the convenience of importers or exporters, applicants, who are the recipients of this benefit, are asked to bear service charges to cover administrative costs in connection with the service, and accordingly it is not possible to eliminate service charges.
5. Remarks
The complainant accepted this policy.