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Traektori Nauki = Path of Science. 2017. Vol.

3, No 4 ISSN 2413-9009

Modern Approaches to Risk Management and Their Use in Customs

Vita Afanasieva 1, Leonid Ivanov 1, Dmytro Yanushkevych 1

1
Kharkiv Institute of Trade and Economics of Kyiv National University of Trade and Economics
8 Otakara Yarosha prov., Kharkiv, 61045, Ukraine

DOI: 10.22178/pos.21-6 Abstract. In the article the analysis of experience and best practices of Europe
LC Subject Category: HD61 and the world regarding the methods and tools of risk management in customs
affairs. In accordance with the requirements of the Kyoto Convention the risk
management is the main basic principle of modern customs control methods,
Received 03.04.2017 which allows optimal use of resources of customs bodies, without reducing the
Accepted 19.04.2017 effectiveness of customs controls, and exempt the majority of foreign trade
Published online 21.04.2017 operators from unnecessary bureaucratic control. Procedures based on risk
management, concentrate customs control on areas, where there is the greatest
risk, allowing the bulk of goods and individuals relatively free to pass the
checkpoint at the customs border Special attention is paid to the principles and
Corresponding Author: methods of risk management and their impact on the simplification of customs
Dmytro Yanushkevych, procedures through the use of risk-based thinking. The paper discusses the
yada_nmc@ukr.net problems concerning the application and implementation of modern risk
management techniques in customs procedures subject to the requirements of
2017 The Authors. This international standards ISO for the quality management system and risk
article is licensed under a management based on risk-based thinking.
Creative Commons Keywords: customs code; risk management; risk-based thinking; customs risks;
Attribution 4.0 License customs control; international standards; frameworks; process approach;
system of quality management.

Introduction The Association agreement between Ukraine and


Dynamics of the development of modern eco- the European Union (EU), requires a restructur-
nomic space requires participants to economic ing of customs authorities of Ukraine in the direc-
relations, a timely response to the risks that they tion of simplification and harmonization of cus-
face in their work. It is primarily concerned with toms procedures in accordance with the re-
the state of customs, which is part of the public quirements of the ISO international standards,
administration system. World Customs Organization Framework of
Standards to secure and facilitate global trade
The implementation of the tasks entrusted to the
state customs involves achieving a balance be- (WCO SAFE Framework of Standards) and the EU
tween regulatory control and facilitation of in- Customs Code. One of the prerequisites of this
ternational trade. At the same time, there are cus- transformation is to optimize customs control
toms risks and risks in the management of the through the application of the risk management
customs bodies which together comprise a sys- (RM). This will boost foreign trade and impact on
tem, which is a significant obstacle to carry out the simplification of customs procedures, fighting
the functions of state management of customs smuggling and violations of customs regulations.
business. A clear view of all the many risks and Currently, substantial improvement needs a
the relationship between them is essential to number of issues with regard to the implementa-
minimize their negative effects and improve the tion of international experience in the practice of
effectiveness of the implementation of the state the implementation of customs, introduction of
customs. Risks arising in customs is an integral risk-oriented instruments of customs control, the
part of overall system risk. formation of an effective RM with the use of

Section Technics 6.1


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modern risk management techniques, which is ment and use of modern statistical methods for
due to: risk management in practical activity of customs
authorities subject to the requirements of the ISO
- the necessity of systematization of the world
international standards, WCO SAFE Framework
experience of risk management in customs and
of Standards and the EU Customs Code.
the urgent need for harmonization of the domes-
tic regulatory framework in the field of customs
in accordance with modern requirements;
Materials and Methods
- introduction in practice of work of customs au-
Materials customs legislation of the WCO and
thorities of modern risk management systems
EU, ISO international standards, scientific knowl-
based on the use of risk-based thinking in accor-
edge, scientific methods of research systemic
dance with the requirements of international
and structural-functional analysis, classification
standards ISO 9001, ISO 31000 and ISO 31010;
and synthesis.
- the formation of the latest trends contributing
to the revision of approaches to ensuring effi-
ciency of customs control at the expense of con- Results
centration of material, human resources customs Customs control and customs clearance of goods
in areas where there is the greatest likelihood of and means of transport can be attributed to the
customs risk; customs service, because the service is the result
- mainstreaming of issues of formation of effec- of at least one activity, necessarily performed in
tive system and mechanism of risk management collaboration of the supplier (the customs au-
in the context of the implementation of customs thority) and the customer (the person moving
control; goods and vehicles), and usually intangible. The
provision of the service may include [10]:
- the need for the development and implementa-
tion of effective scientific-methodical and norma- - actions performed with material goods pre-
tive-legal support of increasing the efficiency of sented by the customer (customs control, identi-
RM. fication of goods for customs examination);
Currently, well-researched questions of the risk - actions performed with intangible products
management system in customs and ensuring the presented by the customer (for example, declara-
customs security. Analysis of research in the field tion of customs value, needed for calculation of
of the theory and practice of customs risk has customs payments);
shown that issues of organization, regulation and - providing intangible products (e.g., submission
functioning of the risk management system, its of information necessary for implementation of
further improvement in customs bodies in the customs control and customs clearance of goods
conditions of formation of market economy in its and vehicles in the context of knowledge trans-
theoretical and practical work dealt with such mission);
representatives of science and practice:
I. Berezhnyuk [1], H. Berg [2], O. Coundoul & - creation of favorable conditions for the cus-
A. M. Geourjon, [3], O. Dzhumurat [4], Yu. Gu- tomer (for example, acceleration of customs
panova [5], B. Laporte [6], P. Pashko [7], clearance of goods moved across the customs
M. Velychko [8], D. Widdowson [9], N. Arkhi- border of Ukraine).
reiska [21]. However, the development and in- The fundamental concepts, principles of man-
troduction in practice of activity of customs bod- agement quality in customs describes the inter-
ies the use of modern management methods on national standard ISO 9000:2015 [11]. A signifi-
the basis of risk-based thinking is rapid and dy- cant place to improve the quality regarding the
namic in nature. This necessitates a systematic implementation of customs procedures owned
study of the main global trends and their practi- by the risk management system [12, 13].
cal application in the customs authorities.
Customs procedures should be based upon the
The aim of this research. Learning from the ex- use of modern methods and effective controls to
perience and best practices of Europe and the combat fraud, protect consumer health and
world on issues of risk management, which is safety and promote legitimate trade, have led
based on the risk based thinking, the develop- customs authorities to seek a more structured

Section Technics 6.2


Traektori Nauki = Path of Science. 2017. Vol. 3, No 4 ISSN 2413-9009

and systematic method of risk management. Cus- Risk management means the systematic identi-
toms is required to address risk wherever it is fication of risk, including through random checks,
found and increasingly as early in the supply and the implementation of all measures neces-
chain as possible. Together with other key build- sary for limiting exposure to risk EU [17]. As for
ings blocks outlined in the WCO's Customs in the the concept of the customs risk, applied in differ-
21st Century strategic vision, and standards and ent countries, the approaches to its interpreta-
guidelines contained in the revised Kyoto Con- tion are relatively drab, but have their national
vention and the SAFE Framework of Standards, peculiarities [14, 15].
the application of risk management is a critical According to the Customs code of Ukraine, risk
element that underpins all modern customs au- is understood as the probability of non-
thorities [14, 15, 23]. compliance with the requirements of the legisla-
In accordance with the requirements of the tion of Ukraine on state customs affairs [10]. In
Kyoto Convention the risk management is the accordance with the resolution of the Cabinet of
main basic principle of modern customs control Ministers of Ukraine from 25.05.2016 No 364,
methods, which allows optimal use of resources approved by the order of information exchange
of customs bodies, without reducing the effec- between customs authorities and other state au-
tiveness of customs controls, and exempt the ma- thorities and enterprises on the principle of Sin-
jority of foreign trade operators from unneces- gle window with the use of electronic means of
sary bureaucratic control. Procedures based on information transfer [18].
risk management, concentrate customs control Single window is defined as a facility that al-
on areas, where there is the greatest risk, allow- lows parties involved in trade and transport to
ing the bulk of goods and individuals relatively lodge standardized information and documents
free to pass the checkpoint at the customs border with a single entry point to fulfil all import, ex-
[16]. port, and transit-related regulatory require-
On 9 October 2013, the European Parliament and ments. This order provides for the functioning of
the Council EC adopted Regulation (EC) the system of risk analysis as the basis for selec-
No 952/2013, establishing the Union Customs tive monitoring of objects of customs regulation.
Code. New EU law, the Union Customs Code in- That is, risk is equated with the probability of oc-
troduced on 1 May 2016. There will be a number currence of events related to customs formalities,
of changes to how goods cross EU borders and and the possible effects of the customs risks.
some transitional arrangements will operate un- In scientific works [1, 5] were the analysis, sys-
til 2020. In the Customs Code of the EU, great at- tematization and classification of factors and
tention is paid to the implementation of risk
sources of risk in customs activities. Classifica-
management in customs. tion of customs risks for source of origin are
In accordance with the Customs Code of the EU given in Table 1.
[17], risk means the likelihood and the impact of The ability to predict the probability of occur-
an event occurring, with regard to the entry, exit,
rence and minimize the risks is determined by
transit, movement or end-use of goods moved
their classification, which performs the functions
between the customs territory of the Union and of the algorithm on the basis of which developed
countries or territories outside that territory and and created the risk management system, identi-
to the presence within the customs territory of fies the tools and measures to minimize the nega-
the Union of non-Union goods, which would: tive impact on the control object under uncer-
- prevent the correct application of Union or na- tainty and multi-variant approach of develop-
tional measures; ment. Under the classification of risk should un-
derstand the risk allocation to specific groups
- compromise the financial interests of the Union
according to certain signs for achievement of ob-
and its Member States; or
jectives. Scientifically based risk classification
- pose a threat to the security and safety of the allows to clearly determine the place of each spe-
Union and its residents, to human, animal or cies in the overall system. It creates opportuni-
plant health, to the environment or to consum- ties for the effective application of relevant
ers. methods and outputs of risk management. Thus,
each risk has its own system of management
techniques.

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Table 1 -Classification of customs risks for source of origin


The main risk factors Sources of risk
External factors
- completeness of payment of customs duties;
- the accuracy of the information in the Declaration;
Subjects of foreign economic
- the existence in the market;
activity
- the compliance of the equipment carriers existing requirements;
- the route with the transport documents
- price indicators of the goods;
- quantity and weight;
- classification of goods under the Ukrainian classification of goods
of foreign economic activity (UCC FEA);
Characteristics of the goods - the country of origin of goods;
(cargo) - the customs regime of placement of goods;
- quality of goods;
- intellectual property;
- commodities risk and commodities "group cover";
- the irregularity of the flow of goods
- the controversial provisions of separate legislative acts;
- the lack of a clear system of control and accountability for certain
violations of the law;
Customs legislation
- the instability of the customs legislation;
- lack of coordination of the national customs legislation the customs
legislation of other countries and international conventions.
Internal factors
- the level of qualification;
- the negligence;
Employees of the customs
- professional errors;
- illegal actions and corruption
- the level of provision of customs diagnostics;
Information-technical support - reliability of functioning of technical system;
- errors software.
- the order of execution of customs formalities;
Technologies of customs control - risk management system;
- customs post-audit.
Interaction of customs authorities
with law enforcement and - the importation of prohibited, defective and harmful products.
regulatory agencies

Analysis of the classification of risks allows cus- hood of violation of customs legislation and its
toms to identify areas of risk (Table 2). negative consequences.
Given the above approaches to risk prevailing in Customs authorities around the world are re-
the scientific community, it is believed that the sponsible for implementing a broad range of
use of the customs authorities the customs con- government policies in areas as diverse as reve-
cept of risk may be supplemented with this com- nue collection, trade and traveller compliance,
ponent of risk as the magnitude of losses. This is protection of society, cultural heritage, intellec-
due, primarily, to the fact that when analyzing tual property, collection of statistics and envi-
the situation and making decisions to classify it ronmental protection. Some of these responsi-
to the category of risk, officials of the customs bilities are often carried out on behalf of other
authorities shall take into account not only the government ministries and agencies, through the
probability of its occurrence, but also a potential implementation of a diverse range of agreed con-
economic or other harm, which is the place to be trol regimes, with customs having responsibility
when it occurs. In this regard, customs risk for the administration and enforcement of rele-
needs to understand combination of the likeli- vant regulatory requirements at the point of im-
portation and exportation.

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Table 2 Classification of risk areas


Groups Name areas of risk
Import, reimport, export, reexport, transit, temporary import (export), customs
Customs warehouse, special customs zone, duty free shop, processing on the customs
regime territory of Ukraine, processing outside the customs territory of Ukraine,
destruction, refusal in favor of the state
- incorrect classification of goods;
- false information about the origin of the goods;
- understatement or overstatement of the customs value of the goods;
The possible - failure to declare goods;
nature of the - smuggling and concealment from customs control;
violation - incorrect information about the grounds for the granting of benefits on
payment of customs payments;
- incorrect information about the characteristics and properties of the product;
- declaration of goods is not its name
- evasion/decrease the size of import duties;
- evasion/decrease the size of the export customs duties;
- evasion/decrease the size of special duties (anti-dumping) ;
Possible goal
- reimbursement of value added tax;
violations
- evasion/decrease the size of the excise tax;
- the use of customs privileges;
- avoidance of non-tariff restrictions
- agricultural products;
- metals and scrap;
Type of
- goods that contain objects of intellectual property rights;
product, in
- poisonous, radioactive, explosives, hazardous waste;
respect of
- narcotic drugs, psychotropic substances;
whom could be
- weapons and ammunition;
committed the
- historical and cultural values;
violation
- international trade in wild species of animals and plants under threat of
extinction

In addition to their overarching responsibility to reinforcing objectives and it is possible to achieve


maintain control over the cross-border move- optimal levels of both.
ment of goods, people and conveyances, customs Currently one of the most widespread and effec-
administrations also have a mandate to provide tive system of management is the quality man-
an appropriate level of facilitation to trade and agement system, the basic requirements of which
travel, and consequently need to maintain regu- are set out in the international standard ISO
latory control in a way that reduces the impact of 9001:2015. Introduction in activity of customs
interventionist strategies as much as possible requirements and quality management princi-
[14]. ples in accordance with this standard, is a strate-
This implies keeping the amount of intervention gic decision that will enable to increase the effi-
to the minimum necessary to achieve a policy ciency, effectiveness, reliability and quality of
outcome and also ensuring that regulatory re- customs services.
quirements (red tape) are not unduly onerous or The potential benefits for customs from the im-
overly prescriptive. plementation of the quality management system
Sometimes the pursuit of achieving a balance be- based on this standard are as follows:
tween intervention and facilitation has been seen - the ability to consistently provide custom ser-
as a zero-sum game where an increase in one vices that meet customers and applicable statu-
would necessarily imply a decrease in the other. tory and regulatory requirements;
This is untrue and it is important to understand
that control and facilitation are not mutually ex- - empowerment to enhance customer satisfac-
clusive goals. On the contrary they are mutually tion;

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- consideration of risks and opportunities associ- management system, enhancing customer satis-
ated with its context and objectives; faction by meeting customer requirements. This
approach enables the organization to control the
- the ability to demonstrate compliance with the
interrelationships and interdependencies among
requirements of the quality management system.
the processes of the system, so that the overall
This international standard ISO 9001:2015 in- performance customs can be enhanced.
volves the use of the process approach, which is
The process approach involves the systematic
based on a dynamic cycle of Deming Shewhart,
definition and management of processes, and
which includes the plan-do-check-act (PDCA). In
their interactions, so as to achieve the intended
addition, the requirements of the standard are
results in accordance with the quality policy and
based on risk analysis and the application of the
strategic direction performance customs. Man-
principle of quality management: customer focus,
agement of the processes and the system as a
leadership, engagement of people, process ap-
whole can be achieved using the PDCA cycle with
proach, improvement, evidence-based decision
an overall focus on risk-based thinking aimed at
making and relationship management [11].
taking advantage of opportunities and prevent-
The use requirements of this standard allows the ing undesirable results.
customs authorities to define the processes nec-
The application of the process approach in a
essary to achieve these objectives deviation from
quality management system enables:
planned results, implement preventive measures
- understanding and consistency in meeting re-
to minimize the negative impacts and to maxi-
quirements;
mize the opportunities as they arise.
- the consideration of processes in terms of
As world practice shows, increasing the effi- added value;
ciency of risk management is possible due to im- - the achievement of effective process perform-
plementation of requirements of international ance;
standards ISO 31000:2009 and ISO 31010:2009 - improvement of processes based on evaluation
[12, 13, 22]. International standard ISO of data and information.
31000:2009 provides principles and concepts of
According to the world experience and interna-
risk management. ISO 31010:2009 is designed as
tional best practice, risk management should not
a Supplement to ISO 31000 and provides guid-
be seen as a static process but as an interactive
ance on the selection and application of risk as-
process in which information is constantly up-
sessment techniques. ISO 31000 has been
dated, analyzed and considered for carrying out
adopted as a national standard by more than 50
preventive and corrective actions. The standard
national standards bodies covering over 70 % of
ISO 31000:2009 establishes the principles,
the global population. It has also been adopted by
framework and processes of risk management
a number of UN agencies and national govern-
(RM). Risk management principles the following
ments as a basis for developing their own risk-
[12, 22]:
related standards and policies, especially in the
areas of disaster risk reduction and the manage- - the process should create value;
ment of disaster risk [19]. The standard reflects - it should be an integral part of the organiza-
current practice and provides answers to the fol- tional process;
lowing questions [12, 13]: - it should factor into the overall decision making
1. What can happen, and why? process;
- it must explicitly address uncertainty;
2. What consequences can be?
- it should be systematic and structured;
3. The probability of their future occurrence?
- it should be based on the best available infor-
4. What factors reduce the likelihood or reduce mation;
the consequences of the risk? - it should be tailored to the project;
Risk assessment is not a standalone event and - it must take into account human factors;
should be fully integrated with the other compo- - it should be transparent and all-inclusive;
nents of the risk management process. Process
- it should be dynamic and adaptable to change;
approach in customs procedures should be ap-
plied in the development, implementation and - it should be continuously monitored and im-
improvement of the effectiveness of the quality proved upon as the project moves forward.

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Risk management procedures can be divided into gard, began the decision was made on the revi-
the following stages: sion of ISO 31000. The new version of the stan-
dard, which will be released by the end of 2017,
1. Identification perform a brainstorming ses-
provides that it will become more understand-
sion where all conceivable risks are itemized.
able for all users [19].
2. Planning once defined, plan for contingencies
Risk-based thinking in customs can be grouped
as part of the overall RM plan; implement con-
into essential categories:
trols as needed.
- a country's legal framework, including customs
3. Derive safeguards place specific fallbacks legislation (Customs Code, Customs Tariff, sys-
into the overall project plan as contingencies for tem of customs duties and international agree-
RM if they arise. ments containing customs provisions);
4. Monitor continuously monitor the project to - customs authorities (customs administrations
determine if any defined (or un-expected) risks of the states responsible for applying the customs
manifest themselves. legislation and any other authorities empowered
Once risks are identified and described, it is nec- under national law to apply certain customs leg-
essary to apply specific methods and actions to islation);
manage them. These include: - risk management;
1. Avoid the risk. - customs formalities, means all the operations
which must be carried out by a person and by the
2. Reduce the risk. customs authorities in order to comply with the
3. Share the risk. customs legislation;
4. Retain the risk. - customs controls.

A need was also expressed by risk practitioners, An important place in this system is customs con-
especially in the G20 economies, for a high-level trols [10, 17]. Customs controls, means specific
document that reflects the way RM in multina- acts performed by the customs authorities in or-
tional organizations and national governments, der to ensure compliance with the customs legis-
as well as how risk management should be in- lation and other legislation governing the entry,
corporated into the governance and manage- exit, transit, movement, storage and end-use of
ment systems of organizations. ISO standards are goods moved between the customs territory
updated every five years. Over time, some risk countries or territories outside that territory, and
practitioners noted that the ISO 31000:2009 re- the presence and movement within the customs
quires a limited review to ensure that it re- territory of the national of non-national goods
mained relevant to users. As a result, the ISO and goods placed under the end-use procedure.
management decided that ISO 31000:2009 The customs authorities may carry out any cus-
should be revised because it is necessary to toms controls they deem necessary. Customs
amend the terms and definitions that are needed controls may in particular consist of examining
in order to help users with their own documenta- goods, taking samples, verifying the accuracy and
tion [19]. completeness of the information given in a decla-
The widespread use of ISO 31000:2009 has ration or notification and the existence, authen-
prompted a variety of questions to various ex- ticity, accuracy and validity of documents, exam-
perts, with national standards bodies and ISO ining the accounts of economic operators and
seeking clarification on certain points of the other records, inspecting means of transport, in-
standard. These points, combined with feedback specting luggage and other goods carried by or
from the national mirror committees, indicated a on persons and carrying out official enquiries
need to provide greater clarity in some areas. Ex- and other similar acts.
perts in risk was also expressed the need to cre- Customs controls, other than random checks,
ate large corporations and governments of high shall primarily be based on risk analysis using
level documents that reflect how risk manage- electronic data- processing techniques, with the
ment in multinational organizations and national purpose of identifying and evaluating the risks
governments, as well as how risk management and developing the necessary counter- measures,
should be embedded in the governance and on the basis of criteria developed at national and
management system of organizations. In this re- international level.

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Customs controls shall be performed within a without prejudice to other controls usually car-
common RM framework, based upon the ex- ried out by the customs authorities.
change of risk information and risk analysis re-
Risk management can be carried out at the stra-
sults between customs administrations and es-
tegic, tactical and operational levels [1, 20]. At the
tablishing common risk criteria and standards,
strategic level of RM according to the analysis,
control measures and priority control areas.
identification and assessment of risks are defined
Customs authorities shall undertake RM to dif- priority areas of implementation of risk man-
ferentiate between the levels of risk associated agement activities and approves the risk Regis-
with goods subject to customs control or super- ter. The risk register should contain, in particu-
vision and to determine whether the goods will lar:
be subject to specific customs controls, and if so, - priority directions for the development and im-
where [10, 17, 20]. plementation of risk management activities;
The RM shall include activities such as collecting - structural units of customs bodies, specialized
data and information, analysing and assessing customs bodies, customs, responsible for the im-
risk, prescribing and taking action and regularly plementation of the corresponding direction;
monitoring and reviewing that process and its - indicative targets for the share selected for con-
outcomes, based on international, and national trol of movement of goods and vehicles.
sources and strategies. Customs authorities shall At the tactical level of RM by customs authorities
exchange risk information and risk analysis re- according to the analysis, identification and
sults where: evaluation of risks and in accordance with the
- the risks are assessed by a customs authority as risk Register developed measures for risk man-
being significant and requiring customs control agement. For this purpose, such tools:
and the results of the control establish that the - risk indicators;
event triggering the risks has occurred; - risk profiles;
- the control results do not establish that the - orientation;
event triggering the risks has occurred, but the - methodical recommendations for work of offi-
customs authority concerned considers the cials of customs bodies according to the analysis,
threat to present a high risk. identification and assessment of risks in certain
areas of control during customs control and
For the establishment of the common risk crite-
clearance;
ria and standards, the control measures and the
- random sampling.
priority control areas, account shall be taken of
all of the following: At the operational level, RM, customs authorities
- the proportionality to the risk; apply the risk management instruments in spe-
- the urgency of the necessary application of the cific cases of movement of goods, vehicles across
controls; the customs border of Ukraine, in particular in
- the probable impact on trade flow and on con- the implementation of control using risk man-
trol resources. agement, to determine the forms and scope of
customs control.
The common risk criteria and standards shall in-
clude all of the following: In accordance with the requirements of the WCO
- a description of the risks; SAFE Framework of Standards, customs authori-
- the factors or indicators of risk to be used to se- ties of Ukraine implemented measures to im-
lect goods or economic operators for customs prove the efficiency and quality of the implemen-
control; tation of customs formalities, executed when
- the nature of customs controls to be undertaken clearance of goods and vehicles moved across the
by the customs authorities; customs border of Ukraine. Improving the quality
- the duration of the application of the customs of customs services involves the use in the cus-
controls. toms authorities of the requirements of ISO 9001
regarding the quality management system and
Priority control areas shall cover particular cus- requirements of international standards ISO
toms procedures, types of goods, traffic routes, 31000:2009 and ISO 31010:2009, regarding the
modes of transport or economic operators which risk management.
are subject to increased levels of risk analysis
and customs controls during a certain period, In ISO/IEC 31010:2009 is introduced using a
number of methods and tools of RM that can be

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applied in customs. The overall risk assessment of available data and information, complexity of
can be applied at all stages of the life cycle and applications. Table 3 illustrates the relationship
usually it is used repeatedly with different levels between the main categories of common meth-
of detail to facilitate decision-making at each ods for risk assessment in accordance with the
stage. The choice of general approach to risk as- general process of risk assessment (risk identifi-
sessment affect various factors, including the cation).
availability of resources, nature and uncertainty

Table 3 Methods for risk assessment


Risk recognition process
Tools and techniques Risk Risk analysis Risk
level of
identification consequence probability evaluation
risk
1. Search methods
Check lists SA NA NA NA NA
Primary hazard analysis (PHA) SA NA NA NA NA
2. Supporting methods
Structured or semi-structured interviews SA NA NA NA NA
Brainstorming SA NA NA NA NA
Method Delphi SA NA NA NA NA
Structure "What if?" (SWIFT) SA SA SA SA SA
Human reliability analysis (HRA) SA SA SA SA A
3. Methods of analysis scenario
Root cause analysis (RCA) NA SA SA SA SA
Scenario analysis SA SA A A A
Environmental risk assessment SA SA SA SA SA
Business impact analysis A SA A A A
Fault tree analysis A NA SA A A
Event tree analysis A SA A A NA
Cause-and-consequence analysis A SA SA A A
Cause-and-effect analysis SA SA NA NA NA
4. Methods of functional analysis
Failure mode and effects analysis SA SA SA SA SA
(FMEA)
Hazard analysis and critical control SA SA NA NA SA
(HACCP)
Hazard and operability studies (HAZOP) SA SA A A A
5. Methods of evaluating overall controls
Layer protection analysis (LOPA) A SA A A NA
Bow tie analysis NA A SA SA A
6. Statistical methods
Markov analysis A SA NA NA NA
Bayesian statistics and Bayes nets NA SA NA NA NA
7. Other techniques
Decision tree NA SA SA SA SA
FN curves A SA SA A SA
Risk indices A SA SA A SA
Consequence/probability matrix SA SA SA SA A
Multi-criteria decision analysis (MCDA) A SA A SA A
Reliability centered maintenance SA SA SA SA SA
Cost/benefit analysis A SA A A A
Business impact analysis A SA A A A
Note: SA Strongly applicable, NA Not applicable, A Applicable.

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at the beginning of the analysis, which allows to


A modern compliance management approach
expand the range of ideas about the possible
recognizes that risk mitigation strategies can and
causes, and then formulate hypotheses that
should be applied throughout the supply chain. It
should be further considered in accordance with
also recognizes that a combination of multiple
the established procedure. The construction of a
measures often leads to better results and more
causal diagram allows you to:
effective use of resources.
- to identify possible root causes and/or the main
At the operational level, a modern risk-based reasons for a specific investigation, problems or
compliance management approach is increas- conditions;
ingly enabled by intelligence support. Intelli- - to analyze the situation and to find the relation-
gence enabled risk management brings together ship between the interacting factors, possibly re-
information and knowledge learned by Customs lated to the study process;
with a systematic approach for identifying and - to analyze the existing problems for taking cor-
treating risks of greatest consequence. This is a rective actions.
critical process, as high risks identified through
The benefits of constructing a cause-and-effect
the risk management process will often be
diagram are:
greater in number than Customs resources and
ability to respond. Intelligence a product, de- - support the definition of the initial reasons for
rived from the collection and processing of rele- the problems with the application of a structured
vant information, which acts as a basis for user approach;
decision-making. This is the point where intelli- - facilitating the work of the group of experts and
gence holdings inform decision makers of a rec- making better use of expert knowledge about the
ommended priority order for intervention and product or the process;
assist decisions about where Customs resources - application easy to read a chart type to display
should be mobilized and deployed. cause-and-effect relationships;
At the planning stage of the cycle PDCA, it is ad- - identification of possible causes of changes in
visable to use qualitative methods of the risk the process;
management system (for example Check lists, - identification of areas of data collection for fur-
Cause-and-effect analysis, Brainstorming etc). ther research.
One of the most effective methods is Cause-and-
effect analysis. In justifying the choice of methods should con-
sider their relevance and applicability. When
Cause-and-effect analysis is a structured combining the results of different studies, it is
method of identifying possible causes of an unde- necessary that the methods used and obtained
sirable event or problem. This method allows to the original data can be compared. The choice of
compose the possible causal factors in the gener- method is made taking into account the following
alized category so that you can investigate vari- factors [8]:
ous hypotheses. However, the application of this - research objectives;
method to identify the actual cause. The reasons
can only be determined on the basis of empirical - the needs of decision makers; the type and
data or empirically. Information represent in a range of risk analyzed;
diagram the "fishbone" method (also called the - potential magnitude of effects;
Ishikawa diagram) or sometimes in a tree dia- - the degree of professional competence, the need
gram. Causal analysis provides a structured for human and other resources;
graphical representation of the list of causes of - availability of information and data; need to
one effect. Depending on the object of research, modify or update general risk assessment, etc.
the consequence can be positive (purpose) or
negative (a problem). On Figure 1 presents an example of cause-and-
effect diagrams (Ishikawa diagrams).
The method used to study all possible scenarios
and reasons proposed by the expert group. The The objectives of the overall evaluation directly
method allows to reach a consensus opinion re- marked on the choice of the methods. If carried
garding the most likely causes, which can be fur- out a comparative study of the various options, it
ther verified empirically or on the basis of avail- may be appropriate to use less detailed models
able data. Most appropriate to apply this method for the effects of the system that are not influ-
enced by differences.

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Figure 1 Cause-and-effect diagrams (Ishikawa diagrams)

In some cases, require a high level of detail for Efficiency of customs control procedures is the
making optimal decisions in other cases is suffi- relationship between the result achieved and the
cient common understanding. The decision on resources invested, and effectiveness the de-
the overall depth risk assessment should reflect gree to which planned tasks are executed and
the initial effects of perception, although it may planned results achieved.
be necessary to change it after the previous as-
sessment. Currently, we can distinguish several approaches
to the assessment of the effectiveness of the RM
Simple, properly implemented method if it satis- system when performing tasks on state customs
fies the objectives and scope of the overall affairs, procedures for customs control and
evaluation can give better results than a compli- clearance of goods and vehicles:
cated procedure but not processed. Usually it is
necessary that the total cost of the evaluation - efficiency as the ratio of performance and costs;
were commensurate with risk potential ana- - effectiveness as the degree of achievement of
lyzed. the relevant goal (the performance);
The main purpose of risk-based thinking in cus- - effectiveness as the degree of compliance to
toms is to increase the efficiency of customs con- best practices and current international stan-
trol procedures and the provision of customs dards (benchmarking);
services. - effectiveness as the degree of satisfaction with
the process of its participants.

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Indicators of an estimation of efficiency of cus- cedures at the micro level and the indicators as-
toms control procedures can be divided into sesses the level of professionalism of officials of
three groups: on the macroeconomic indicators customs authorities conducting customs control
of the state, the efficiency of customs control pro- (Table 4).

Table 4 Indicators of an estimation of efficiency of customs control procedures


Macroeconomic indicators of The efficiency of customs control The level of professionalism of
the state procedures at the micro level officials of customs
- the percentage of customs - evaluation of procedures of customs - the volume of imported
duties in total revenues of the registration on one delivery (customs goods based on the one official
state budget; formalities, the percentage of items person of the customs
- the amount of accrued selected for physical inspection and authorities;
payments to the state budget; percentage of goods, classification code - the average volume of
the nominal level of tariff of which has been changed); imports in quantitative terms,
burden on the economy; - the average number of documents for based on the one official
- implementation of the plan customs clearance, one delivery; person of the customs
of receipts of customs - the average number of documents for authorities;
payments to the budget; customs clearance of one shipment; - the average number of
- the level of use of electronic - the number and duration of scheduled declarations by one officer
systems and technologies and unscheduled checks and counter- during the year;
that reduce the time for the checks; - the volume of goods
passage of goods through - the average number of days spent on furnished decorated by one
customs; complex customs procedures for one officer per shift(month,year);
- the level of corruption; delivery; - the average daily transfer of
- the number of reported - quantity shipments of goods to customs payments the
cases of smuggling and customs of destination by type of customs body.
violations of customs rules. transport and directions of movement;
- the number of subjects of foreign
economic activity that have undergone
inspection after customs clearance.

Using these indicators it is possible to carry out a and quality of the implementation of customs
comprehensive assessment of the effectiveness formalities, which are performed customs clear-
of customs control procedures and customs ance of goods and means of transport. In this
clearance of goods, to provide grades to the fac- case, the customs authorities should apply mod-
tors that influence the effectiveness of risk man- ern management methods, which are based on
agement in customs procedures with a view to the principles of risk-based thinking in accor-
their reduction or elimination. dance with the requirements of international
standards ISO 9001 (quality management sys-
tem) and ISO 31000 and ISO 31010 (risk man-
Conclusion agement). The implementation of these man-
Risk management is a core basic principle and agement practices will give the opportunity to
priority direction of improvement of modern concentrate customs control on areas where
methods of customs control and customs clear- there is the greatest risk, and will allow for sim-
ance requirements the Kyoto Convention, the re- plification of customs control and customs clear-
quirements of the WCO SAFE Framework of ance of goods and means of transport.
Standards, the roadmap for the implementation Risk management, which is based on risk-based
of the Framework strategy of customs coopera- thinking in accordance with the requirements of
tion between Ukraine and the EU and implemen- international standards ISO 31000:2009 and ISO
tation in Ukraine from August 1, 2016, system of 31010:2009, allows for optimal use of resources
customs clearance Single window. When im- of customs bodies, without diminishing the effi-
plementing those requirements it is necessary to ciency of customs control, and frees the majority
implement measures to improve the efficiency of participants of foreign economic activity of

Section Technics 6.12


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unnecessary bureaucracy and will make it more authorities, will allow to reduce time of customs
practical. control and clearance, the costs of their conduct,
minimize corruption in this area and thus will
The implementation proposed in the article of
lead to increase of efficiency of activity of cus-
modern methods of management based on risk-
toms authorities.
based thinking in practical activity of customs

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Section Technics 6.14

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