Sustainable freight transport through connectivity in customs ......2 ARNECKE SIBETH DABELSTEIN 3 The Chokepoints 4 The INDUSTRY 4.0. digitalized, automated, connected 5 The Governmentin

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Sustainable freight transport through

connectivity in customs and trade

Dr. Oliver Peltzer, LL.M. (Stellenbosch)

03.10.2019 Oliver Peltzer, [email protected], www.asd-law.com 1

•03.10.2019 Oliver Peltzer, [email protected], www.asd-law.com 2

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Content

1 The International Chamber of Commerce

2 ARNECKE SIBETH DABELSTEIN

3 The Chokepoints

4 The INDUSTRY 4.0. digitalized, automated, connected

5 The Government in the Industry 4.0

6 Trade community systems

7 The Law

8 Data Protection

9 Data Security

10 Contract Law

11 Further Law Challenges

12 Responsibility and Liability

13 Single Windows, customs automation, electronic documents

14 The Trade Facilitation Agreement

15 The Future


Sustainable freight transport - connectivity in customs and trade

•

The International Chamber of Commerce

The World Business Organization

Global network with over 6 million companies, chambers of commerce and business

associations in more than 130 countries

Commission on Customs and Trade Facilitation

to promote simplified policies and procedures as well as other measures to facilitate

international trade

Vice-Chairman of this Commission



That is us

•

ARNECKE SIBETH DABELSTEIN

A leading law firm in Germany in the transport and logistics business and international

commercial law

Complex international trade structures, supply chain transport and logistics agreements

Maritime and aviation law

National, international and offshore projects

Arbitration, Dispute Adjudication Boards

M&A transactions, freight forwarders, insurance, suppliers



That is us

•

Customs and Trade – the Chokepoints

Lack of transparency/awareness of the full scope of regulatory issues affecting logistics; lack

of awareness and coordination among government agencies on policies affecting logistics

sector; absence of single contact point or champion agency on logistics matters.

Inefficient clearance of goods at Customs; lack of coordination among border agencies,

especially relating to clearance of regulated goods ‘at the border’.

Burdensome customs documentation and other procedures (including for preferential trade).

Variations in cross-border standards and regulations for movement of goods, services and

business travellers.

Lack of regional cross-border customs-transit arrangements

(from the “APEC Supply-Chain Connectivity Framework”)



The Problems

•

The Industry 4.0 – digitalized, automated, connected

Implication for supply chains and trade

E2E data digitalization

Transformation, Flexibility & Speed

Lotsize One

Continuous cost pressure

Transparency for customer

Mitigation of any disruptive influences

Deliver capabilities into remote areas



The Solutions?

•

The Trade Community Systems

Cross-border e-commerce platforms

Conduct business transactions

Facilitate payments

Customs services

Certification, authentication, authorisation

Supply-chain finance

Set of rules a user will have to adhere to

Interface of public and private services



The

Solutions?

•

Governments in the Industry 4.0

Support from Governments

Government & industry collaboration

Government education on new technologies

Regulations should be:

Visible, Transparent, Predictive, Responsive, International



The

Relevant

Connection?

•

The Law


Transport & Logistics

Industry 4.0

Trade communitysystems

Data Protection

Data Security

Contract Law

Single Window System

Customs

Liability

The

Implications

•

Data Protection

Data processed through the platform might include commercially or financially sensitive or

personal information

Users obliged to adhere to data protection law, e.g. the General Data Protection Regulation of

the EU

Data potentially accessible by multiple players, including government agencies, private

companies

Prevention of data misuse

Define: who can access which data for what purpose?

Stipulate: under which circumstances can data be transferred to third parties?



What we

must achieve!

•

Data Security

Preventing unauthorised access from the outside, e.g. hacker attacks

Liability for damages by unauthorised access to data

Legislative actions to criminalise unauthorised access

Harmonisation of international legislation to close loopholes

Prevention through design of platform, e.g. decentralisation



What we

must achieve!

•

Contract Law

Applicable law

Role of the platform operator (“Fullfilment by Amazon”)

Conclusion of contracts, placement of orders

Representation, authentication, certification

Human errors, technical errors, cancellation of contracts

Dispute resolution, evidence problems

Future: autonomous decisions by computer systems?

UNCITRAL Model Law on Electronic Commerce



What we

must achieve!

•

Further Law Challenges

Recognition of electronic signatures,

Standardisation of data exchanges,

Inter-operability across applications and systems,

Cybersecurity,

Legal validity of electronic documents



What we

must achieve!

•

Single Windows, customs automation, electronic documents

Definition: Single entry to fulfill all regulatory requirements

Import, export, transit related regulatory requirements

Increases efficiency of trade and commerce, saves time and reduces costs

National Law

B2G, G2B

Identification, authentication, authorization, liability

International Law

Harmonization: New bi-lateral or multi-lateral agreements



What we

must achieve!

•

Responsibility and Liability

Modern technology covered by existing law?

Comparison to other fields of law

Private contracts to include liability clauses

Law to include enforcement issues; harmonization needed

Advantage of modern technology: burden of proof



What we

must overcome!

•

The Trade Facilitation Agreement

Members (States) shall

endeavour to establish a "single window" to which a trader can submit all documents and/or data

required by customs and all other border or licensing authorities

Customs

shall apply uniform documentation requirements and uniform release and clearance procedures

shall provide a written ruling on request of a trader concerning the tariff classification or origin of

his goods; ruling shall be binding on Customs

Documentation requirements or formalities should be as fast and efficient as possible

Traders shall be permitted to submit the import documentation and other information required for

release of imported goods, in electronic format where appropriate, prior to arrival of the goods in

order to expedite release



Acquaint

yourself with it!

Promote it

in your country!

•

The ICC Charter for Customs and Trade Facilitation

sets forth a series of fundamental rights to facilitate the day-to-day processes of cross-border

trade

provides a common approach to the harmonization and simplification of border processes

serves as a roadmap of responsibilities and rights of all stakeholders, including importers,

exporters, foreign and domestic manufacturers, national customs administrations and other

border agencies

aims to ensure collaboration for efficient and effective approaches to regulatory objectives

and to enhance economic facilitation



Acquaint

yourself with it!

Promote it

in your country!

•

The Future explained by the World Customs Organization

Customs will become more data-driven.

Through their participation in the blockchain, Customs would be able to collect the necessary

data in an accurate and timely way (all data tied to the commodity like seller, buyer, price,

quantity, carrier, finance, insurance, status and location of the commodity, etc.).

Customs may become part of the blockchain and become more embedded within trade

processes.

Data conveyed by the blockchain could be integrated automatically into Customs systems

and checked against the data submitted by traders and transporters.

In a more integrated version, Customs could even automatically clear the goods within the

blockchain itself



Promote it in

your country!

•

The Future explained by the OECD

The digitalisation of many logistics services and regulatory border controls increases the

efficiency and the ease of doing trade.

Data flows facilitate information sharing among the various actors and bodies participating in

the trade logistics chain, thereby reducing the co-ordination costs associated with moving

goods from production to consumption.

The advantages include increased transparency, decreased risk management costs for

customs authorities, improved efficiency of customs operations and greater reliability for the

private sector, coupled with decreases in the opportunities for corruption, among others.



Promote it in

your country!

•

THANK YOU!

•

Dr. Oliver Peltzer LL.M. (Stellenbosch)

EXPERIENCE

Oliver Peltzer advises companies in the energy, maritime and transport industries and advises on the purchase and sale of

companies and projects in the offshore, maritime, transport and aviation industries. Oliver Peltzer is regularly asked to act as

arbitrator. Before joining Arnecke Sibeth Dabelstein, he worked for several years as a consultant to the venture capital

industry and as head of the legal and risk management department at Volkswagen Logistics GmbH & Co. OHG. Oliver Peltzer

is Vice Chairman of the International Chamber of Commerce (ICC) Trade Facilitation Commission.

EDUCATION

Lecturer at the University of Hamburg in Law & Logistics (since 2011); CFA I and II (Chartered Financial Analyst) (2002-2003);

Doctorate, University of Tübingen (1999); LL.M. in Stellenbosch/South Africa (1994); Legal clerkship in Berlin and Singapore

(1995-1996); Studies in Berlin, Paris and Bonn (1988–1993)

TRACK RECORDS

M&A transaction involving the sale of the entire offshore wind section of a construction company, combined asset and share

deal, transfer of various financing models, negotiation with a number of stakeholders

M&A transaction for the sale of a windfarm project, seller due diligence, share deal, defense against unfounded claims by

third parties, simultaneous signing and closing

Extensive and complex tender proceedings with several suppliers, preparation of contracts, negotiation with tenderers,

contract signing

Support of a Chinese, listed company in the restructuring of numerous projects in the renewable energy industry

Several ICC arbitration proceedings

03.10.2019 22

DR. OLIVER PELTZER, LL.M. ATTORNEY AT LAW (GERMANY), PARTNER

PRACTICE AREAS

MARITIME INDUSTRY, TRANSPORTATION,

AVIATION & LOGISTICS, ENERGY

CONTACT

Tel. . +49 40 31 77 97 – 66

Fax. +49 40 31 77 97 - 77

[email protected]

CURRICULUM VITAE

Oliver Peltzer, [email protected], www.asd-law.com

Documents

Sustainable freight transport through connectivity in customs ......2 ARNECKE SIBETH DABELSTEIN 3 The Chokepoints 4 The INDUSTRY 4.0. digitalized, automated, connected 5 The Governmentin