Guillotine for customs

Comment by InfoMarket agency

Economic agents complain that in recent years relations between Moldovan customs and business are more like a game of "desire." Moreover, the role of "desire" belongs to legislation in customs area. This is not funny game, you never know what "desire" will fall out, and what the mood of the leader depends on. Common rules are not the law for customs service. It has a very "rich inner world": the internal orders and regulations are beyond the laws and codes.

Discreet murmur of business finally reached the Ministry of Economy, which to increase transparency in the customs system, proposed a "guillotine" for regulations issued by the Customs Service. The Office has drafted a government decree which will introduce mandatory publication of regulations in the customs area in a special issue Monitorul Oficial and after mandatory consultation with the working group of State Commission for Regulation of business.

Public discussion of the draft document was just with the working group. Representatives of the Customs, as well as of the higher institution - the Finance Ministry - didn't come to the meeting as the budgetary-fiscal policy for the next year was to be discussed in the Parliament at the same time. Therefore, business meeting with officials from the Ministry of Economy was much like "the cries business about the crimes of customs." Deputy Economy Minister Sergei Ciobanu now and then had to call on the speakers to speak only on the subject, and without emotion. "

Employers confirmed that there are indeed customs documents published and come into effect without discussion with the business environment, and some inside orders, not only with no one discussed, but never published. There is another form of "information" used: a copy of the order in which the heads of customs offices are encouraged "to inform the broker of the order ...", sent to all customs posts. And customs broker or the declarant is in the process of customs clearance confronted with the fact of existence of a new document ....

"Drivers call us at night and report about the new rules. For example, an entire category of goods for customs clearance is redirected to another customs office. Customs decides at night, and transport company suffers losses, no time-bound delivery, the entity incurs a loss. The driver runs the risk of losing their jobs - in Europe today there are tightened requirements on working conditions for drivers. There are charges for delays introduce - says presidential adviser of the Association of International Road Carriers AITA Dmitry Albulesa. - All of these issues we are discussed with Customs on a regular basis, and, frankly, on most issues, we have a complete misunderstanding - the result of negotiations is often zero. "

Employers also believe that the customs show double standards with regard to certain documents towards economic agents, for some they are applied, for other - not. This, according to businessmen, shows that at the customs there are "white" and "black lists" of economic agents.

Chairman of the Foreign Investors Association (FIA) Dean Armasu noted with regret that entrepreneurs once again have to ask the country's leadership to influence the ministries and departments to ensure transparency in the process they regulate. "I remember the very first" guillotine, "and I have, frankly, a double feeling. On the one hand, everyone understands that there is a problem with customs to be addressed. On the other hand, there will be no benefits of our discussions as long as Customs does not wish to fix the problem. No one can guarantee that, even after discussion and publication of documents, customs will apply them, - Armasu said, noting that foreign investors are concerned about this situation. But it can be corrected only by introducing penalties for the use of documents that have not undergone the formal process.

One of the businessmen, who is not included in the working group came to the meeting specifically to "look into the eyes of" the management of customs. Stanislav Tkachenko is head of the company Olista Uniflex, which imports of production equipment and materials for the meat industry, is struggling with a system for life and death.

For 43 days of the importer of products from the EU Visko Teepak (plants are located in Belgiumand Finland) could not carry out customs clearance of goods supplied to Moldova. He said that Customs unreasonably delayed the initial load and required documents that have been in your company's accreditation at customs. The first declaration was blocked for nearly a month, and subsequently canceled. The second - company filed at the request of the customs. This product was sent to the "green" corridor, which by law requires customs formalities within an hour. But, referring to certain "file" customs officers again demanded various documents - business correspondence, contracts, letters from the consignor. "They referred to some internal procedures and regulations that have never been described. Where they are available? We do not know. Turning to the head of customs office for an explanation, we got an answer that is not his problem ", - said Tkachenko.

After exhausting all possibilities to resolve the situation, Stanislav Tkachenko and his European partners have complained to the leadership of the CS, the Finance Ministry, the Consulate of Belgium, the mission of EUBAM, European Commission representative office in Moldova, to the Prime Minister and President of the country, wrote a complaint to the Prosecutor General's Office.

A many-week ordeal gave the product a "way out": the company filed a new customs declaration and the cargo was released from the territory of the customs post on the originally specified methodology and content of the declaration has not changed. The businessman wondered why there was such a situation, and does not know how to prevent similar situations in the future. The company has initiated legal proceedings with the customs, already repulsed from another department, managed by the Ministry of Finance - Tax Inspectorate, and is not at all sure that the truth will prevail. "The head of customs office, where our cargo stayed said:" You all are sheep, which we will milked until you pay"- said Tkachenko.

Rudeness and despotism of customs - it is a separate business problem: it seems, without it foreign economic activity in Moldova is not possible. And here it is not clear: whether it is a problem of nerves (it no joke to give out more than 70% of the budget of the country), whether it is a matter of conscience. In any case, the problem cannot be solved without center - Medical (and for both sides) or the anti-corruption. And talks that business nurtured these monsters are sophistry: while the defenders of economic borders of the country can get from the sleeve of another "file" there will always be jeopardy that entrepreneurs will be forced to seek for alternative solutions.

Moldovan Customs play paradoxical role. On the one hand, it is - one of the two pillars of the budget, as it is evidenced by the statistics. On the other hand, (and this, alas, can only be proved by suffering abuse businessmen) Customs is a nightmare for many, if not most of the export-import companies. Which, by the way, are no less pillar of the economy. And if mutual respect in a voluntary regime is not possible, the State should carry out the operation "Coercion to respect."

Most of the Customs Service, by the way, with accusations of employers and the Ministry of Economy proposals do not agree. Press Service of the Office issued a press-release in which, among other statements it is said that "the Ministry of Economy Initiative is aimed to protect the interests of unfair economic agents who use the situation to avoid paying taxes to the state budget." In this case, the Customs reserves the right to apply necessary control and use all possible legal instruments to carry out their duties and protect the economic interests and national security. "

Ministry of Finance to request of the agency InfoMarket on the situation said that "they are not aware of any allegations of violations of legal procedures," while "welcome any initiative aimed at creating a favorable business environment in Moldova."

No "Battle of the Psychics" would undertake to make any predictions today for the future of the initiative of the Ministry of Economy: the battle of the Moldovan political forces would confound any higher power. Confrontation and mutual dislike of the key agencies in the government has only heated sport interest in scandals and trials. You can imagine which side shows investment attraction of Moldova, and how potential investors anticipate and prepare for a pleasant in all respects communication with the Moldovan customs....