Customs valuation – challenges in Bosnia and Herzegovina in line with the WTO Valuation Agreement and the WCO instruments and tools

Abstract

As a country in transition, Bosnia and Herzegovina is facing many challenges on the road to the European Union, including the creation of a modern and well-organized Customs administration. The author points out that the problem of determining the Customs value is itself emerging as the primary, taking into account that it is in direct relation to the calculation of indirect taxes and the influx of revenue in the budget. The author found the challenge for research study in this area, among other things, in the fact that, although the methods for determining the Customs value are internationally recognized rules, national legislation as well as the extensive experience, Сustoms officials are often helpless and do not have a quality and a clear answer in some cases. Using the WTO Valuation Agreement, the WCO instruments and tools as well as many years of experience of the author in the Сustoms administration, an attempt was made to contribute to a better understanding of the institute. Additional analysis of national legislation in the field of Customs value by the research exposes the current situation in the practice, giving concrete examples that follow certain problems and possible options for overcoming them. Based on the above, he put forward proposals and suggestions that would lead to better and more comprehensive approach to the determination of the Customs value, such as the difficulties faced daily Сustoms authorities of B&H related to the undervaluation of goods from Asia and the lack of documentation, the problem of obtaining information on the basis of international agreement, the subsequent control in customs procedures, human resources, the discretionary powers of Сustoms officers, database (risk management), court decisions and the international exchange of information on Customs valuation.To discuss fully the key subject, the author used the following scientific methods: analysis, synthesis, comparison, generalization.Finally, the author concludes that the customs value is a rare area for which it can be argued that any decision made regarding the subject topic, taking into account international regulations and national legislation, could always be different. The responsibility for finding an adequate balance in each case, taking into account the rights and obligations of the Сustoms administration, on the one hand and economic entity, on the other hand is always imperative.