Gap Analysis

Check to what extent a country or territory has implemented key articles of the WCO Revised Kyoto Convention and the WTO Trade Facilitation Agreement (in our opinion):

DISCLAIMER

This gap analysis assesses how aligned some border processes are with the international benchmarks set by the Trade Facilitation Agreement and the Revised Kyoto Convention. It only takes into account TFA articles and RKC standards that are of particular significance to express delivery operations. The assessment is based on our members' daily experience at the country’s (or territory’s) borders and represents our industry’s own point of view. It does not purport to be an indication of a country’s (or territory’s) compliance with international obligations, or lack thereof.

 

Gap Analysis for Nicaragua

  (See full country/territory profile)

Trade Facilitation Agreement


1  Publication
Yes
In "La Gaceta"
Customs capabilites database question: A TRANSPARENCY AND PREDICTABILITY » 1. Are laws and regulations published in official journal?
1  Publication (Site)
Yes
Customs capabilites database question: A TRANSPARENCY AND PREDICTABILITY » 4. Is there a public and regularly updated website available with » a. Laws and regulations?
2  Opportunity to Comment, Information Before Entry Into Force And Consultation
Yes
Customs capabilites database question: A TRANSPARENCY AND PREDICTABILITY » 4. Is there a public and regularly updated website available with » b. full description of all Customs procedures?
2  Opportunity to Comment, Information Before Entry Into Force And Consultation
Yes
Customs capabilites database question: A TRANSPARENCY AND PREDICTABILITY » 4. Is there a public and regularly updated website available with » c. access to appeal procedure?
2  Opportunity to Comment, Information Before Entry Into Force And Consultation
No
Customs capabilites database question: A TRANSPARENCY AND PREDICTABILITY » 4. Is there a public and regularly updated website available with » d. all forms and documents required for import and export?
2.1.1  Opportunity to Comment, Information Before Entry Into Force
Yes
Customs capabilites database question: A TRANSPARENCY AND PREDICTABILITY » 2a. Is there an opportunity to comment on new regulations and changes to existing ones prior to implementation?
2.1.2  Consultations
Yes
Customs capabilites database question: A TRANSPARENCY AND PREDICTABILITY » 2b. After the authorities have decided on new or changed regulations is there advance notice of the effective date (or a delayed effective date) to allow traders to make necessary changes and arrangements?
4  Procedures for appeal or review
Yes
Fiscal and Customs courts
Customs capabilites database question: C POST-RELEASE PROCESSES » 2b. May decisions of local Customs officials be appealed to an independent court?
4  Procedures for appeal or review
Yes
Fiscal and Customs courts
Customs capabilites database question: C POST-RELEASE PROCESSES » 2a. May decisions of local Customs officials be appealed to a higher administrative level?
4.4  Procedures for appeal or review
Yes
Each Member shall ensure that, in a case where the decision on appeal or review under subparagraph 1(a) is not given either: (a)within set periods as specified in its laws or regulations; or (b)without undue delay the petitioner has the right to either further appeal to or further review by the administrative authority or the judicial authority or any other recourse to the judicial authority.
Customs capabilites database question: C POST-RELEASE PROCESSES » 2e. If the answer to either question 2a or 2b is "yes", is there a time limit to rule on such appeals?
6.2 (ii)  Specific disciplines on Fees and Charges for Customs Processing Imposed on or in Connection with Importation and Exportation
2 (ii) are not required to be linked to a specific import or export operation provided they are levied for services that are closely connected to the customs processing of goods.
Customs capabilites database question: B CUSTOMS EFFICIENCY » 13b. Are these fees based on the value of the goods?
7.1  Pre-Arrival Processing
No
Customs capabilites database question: B CUSTOMS EFFICIENCY » 1a. Does Customs accept and process electronically the data required for release of shipments in advance of their actual arrival so that they can be released either prior to or immediately after arrival?
7.3  Separation of Release and Final Determination
No
Customs capabilites database question: B CUSTOMS EFFICIENCY » 3. Is physical release of goods separate from clearance? (Will Customs release goods prior to completion of all formalities and final settlement of accounts?)
7.4  Risk Management
Yes
Customs capabilites database question: B CUSTOMS EFFICIENCY » 7a. Does Customs apply risk-management and risk-based selectivity to select items for documentary and/or physical examination?
7.4  Risk Management
Yes
Customs capabilites database question: B CUSTOMS EFFICIENCY » 7b. Does any other agency apply risk-management and risk-based selectivity to select items for documentary and/or physical examination?
7.8.1a  Expedited Shipments
Operator's facility
(a) provide adequate infrastructure and payment of customs expenses related to processing of expedited shipments in cases where the applicant fulfills the Member's requirements for such processing to be performed at a dedicated facility;
Customs capabilites database question: B CUSTOMS EFFICIENCY » 6. For shipments arriving by air, does Customs inspect and release goods at the operator's facility or require their transfer to another facility?
7.8.2a  Expedited Shipments
Not applicable
(a) minimize the documentation required for the release of expedited shipments in accordance with paragraph 1 of Article 10 and, to the extent possible, provide for release based on a single submission of information on certain shipments;
Customs capabilites database question: B CUSTOMS EFFICIENCY » 9d. If the answer to 9a is "yes", are those goods subject to simplified procedures e.g. consolidated release/clearance or 'off manifest'?
7.8.2c  Expedited Shipments
No
(c) endeavour to apply the treatment in subparagraphs (a) and (b) to shipments of any weight or value recognizing that a Member is permitted to require additional entry procedures, including declarations and supporting documentation and payment of duties and taxes, and to limit such treatment based on the type of good, provided the treatment is not limited to low value goods such as documents;
Customs capabilites database question: A TRANSPARENCY AND PREDICTABILITY » 5a. Are there other rules or procedures by Customs or any other government entity that in your experience restrict the operation of express delivery services in your country, such as: » a. Restrict the use of clearance procedures for express items by weight, quantity or value?
10.2  Acceptance of Copies
No
Customs capabilites database question: B CUSTOMS EFFICIENCY » 11b. Does Customs or any other agency accept electronic supporting documents?
10.5  Pre-shipment Inspection
No
Customs capabilites database question: B CUSTOMS EFFICIENCY » 11a. Does Customs or any other agency require in connection with importation of goods that the importer provide any of the following items: » b. a certificate from a pre-shipment inspection agency?

 

Revised Kyoto Convention


3.1  Standard
No
The Customs shall designate the Customs offices at which goods may be produced or cleared. In determining the competence and location of these offices and their hours of business, the factors to be taken into account shall include in particular the requirements of the trade.
Customs capabilites database question:
B CUSTOMS EFFICIENCY » 5a. Are the official working hours of the Customs office and personnel adapted to commercial needs and applied at local level?
4.2  Standard
Yes
The time period within which the applicable duties and taxes are assessed shall be stipulated in national legislation. The assessment shall follow as soon as possible after the Goods declaration is lodged or the liability is otherwise incurred.
Customs capabilites database question:
C POST-RELEASE PROCESSES » 1a. Is there a limit on the time within which Customs is allowed to demand additional duties?
4.13  Standard
No
National legislation shall specify a minimum value and/or a minimum amount of duties and taxes below which no duties and taxes will be collected.
Customs capabilites database question:
B CUSTOMS EFFICIENCY » 9a. Does the customs administration apply a de minimis regime that allows goods the value of which does not exceed a certain amount to be exempted from duties and taxes?
8.1  Standard
Yes
Persons concerned shall have the choice of transacting business with the Customs either directly or by designating a third party to act on their behalf.
Customs capabilites database question:
B CUSTOMS EFFICIENCY » 12. Is the express carrier allowed to clear import shipments on behalf of the consignee without having to use a third-party licensed customs broker?