ANAF Vice President, Viorel Comanita, is 38 years and was appointed head of the National Customs Authority (NCA) when the former head of this institution, Radu Marginean, was dismissed by Prime Minister Emil Boc, in February of 2011. Degree in law, has the administration and postgraduate courses until 2005, when he was hired as director of legal diretiei NCA, was a lawyer in Bar Sibiu.
Combined company is certainly a busy man. Nearing the end, I requested an interview with Movement Magazine, where we talk about the relationship of ANV with road transport, Customs will make in 2012 to increase traffic flow in customs, especially in the EU or out of measures can be undertaken by the Authority to obtain additional revenue from the state budget.
Responses we have received two weeks after sending them, during which we were told that the Authority's head went different delegations. I hate advertising. Internet lacks photographs of his official position despite the significant beholder.
This is proof that Mr. Viorel Comanita in Romania combined company believes it is better not to talk about you, than to say too much. Where he felt in his element, former barrister combined company has not hesitated to answer our questions in detail.
In some sensitive issues, such as the recent arrests in the customs and excise duties on diesel increased from January 1, 2012, Customs chief preferred short answers.
Customs employees have made in recent months subject to investigation, charges of bribery.
National Customs Authority found no such cases. The role of state institutions is clearly defined in this regard.
Evolved in recent years the number of cases of non-payment of obligations to the State by companies ghost, dissolved after the products are imported? What is lost in the budget estimate as a result of such fireworks? Mentioned, please, measures taken for prevention of these cases.
Regarding imports, customs amounts due (Common Customs Tariff duties, excise duties, VAT) is payable at time of customs clearance (customs declaration submission). The importer may obtain, free of customs "only after payment of customs duty and other charges, so the risk of default is minimal.
In case after putting on the free movement of goods, operators benefit from exemptions or exemptions from taxes, they guarantee, according to the Tax Code, the operations performed. The disappearance of firms, after the products are imported and obviously not paying income tax, the contributions due, not covered by the 'competent customs authority.
Fictitious exports (goods declared for export, which in fact are then directed to obtain domestic tax breaks) is a serious problem for NCA and budget or are only isolated cases, with minimal implications on the budget? What is the amount of damages found by the NCA in 2010 and this year by such operations?
We have no knowledge of such cases. Customs monitors the actual output systems of the Community goods.
2012 budget is built on a small deficit of 1.9% of GDP. Attract additional income to the budget, reach the level of income accruing to the state are important. From this point of view, what will you do next year to maximize revenue? You have proposed a scale, an increase in revenues?
For 2012 we expect revenues to increase by 0.28% of GDP, the application of organizational and legislative measures, both in terms of strengthening customs control and surveillance activities, as well as reduction in the excise tax evasion.
Organizational measures that could generate by the end of 2012, increasing revenues from the state budget to 0.154% of GDP are: control of customs value for general merchandise - shoes and clothing, select statements for subsequent control or review according to the following risk indicators: charging, origin, valuation, terms and conditions for customs operations which were granted suspensive customs regimes.
What measures will you take to reduce tax evasion?
First measure: development and implementation of computer application for monitoring movements of excise goods in duty suspension, including intra-Community movements of excise paid in the Member State of dispatch - EMCS Phase 3.
This could result in obtaining additional information in real time movements of excise products under suspension of excise duties and shipping paid in the Member States.
The second measure: purchase of equipment / systems and security demonitorizare road transport of goods and mobile scanning devices, in order to reduce the phenomenon of tax evasion and strengthening tax and customs control, in any place where a risk analysis must be done NDT.
By purchasing new equipment (mostly intelligent seals) we monitor the national territory of the transport of excisable products with high risk. For specific investigative actions conducted by the customs authority, aims to use a legend in a kind of beacon with special features (small, real-time query capabilities, ambient recording, etc..).
Answer supervision and movement of goods, work with major implications in the collection of excise duty due to the budget. Where are we, now, in schedule negotiated with the EU to increase excise duties on fuel? How they will increase from 1 January 2012. For which categories of fuel?
For other categories of goods which will be changes in the level of excise. As?
Customs authority and verify compliance with applicable regulations in the rate, but fiscal policy is developed by the Ministry of Finance.
Many local economic agents complained that some importers declared customs insignificant amounts for goods brought in Romania, below the production, making it unfair competition, local economic agents.
Introduced NCA measures for checking the accuracy of the declared value of imported goods? There are established these measures for all imports? Consider the Romanian businessmen are entitled to complain of such unfair competition? Will anything change in this direction in the coming years and what?
Since 2006, came into force GD no. 973/2006 on the procedure applicable in cases where it is necessary postponement of the final customs value, with subsequent amendments, and the provisions of Order No. NCA. 4949/2006.
In the customs formalities for release for free circulation, for categories of goods to the customs authority established using risk management techniques that are at high risk of understatement, apply a procedure for postponement of the final value in customs.
Consequently, for these goods, the customs authority may, if the risk analysis indicated a danger, to request the establishment of a guarantee, to cover any fees due to customs. Issuance of guarantee will be made only when the importer has submitted to the customs authority documents (for example, the contract between exporter and importer, other payment documents, etc..).
In accordance with Order No. NCA. 4949/2007, the customs authority has been (and is updated periodically) a statistical database that is used in the application of GD 973/2006, quote:
"For the purpose of the present decision, the customs authority will use a database for evaluation as a tool for risk analysis."
As noted in the text medium term strategy ANAF, the years 2011 - 2014, the Customs Authority in Romania is a priority control measures of customs value for general merchandise, apparel and footwear respectively.
By introducing these measures to control the customs value, the main goal pursued by the Authority is to ensure and improve compliance with customs legislation and other laws on goods entering the country.
In accordance with Community provisions in the period November-December 2011 the EU held operation Bird, organized under the coordination DGTAXUD (European Commission Directorate General for Taxation and Customs Union - Ed), aimed at joint inspections carried out by customs authorities of all EU Member States, the undervaluation of goods import, especially of the textile.
The media has speculated on past activities conducted by Nokia in Romania, namely the company in question claimed to assemble some components in Romania, to be exempt from customs duties. In fact, take place in Romania, it seems, only packaging accessories products in other countries. Romanian customs have any dispute with the company in question?
There was a control on this issue from the firm in question, resulting in full recovery of final amounts recognized in society as being due.
In some public discussion, the companies that made IMPORTEXPORT operations in Constanta Port Random entry asking for containers. They accused that they had to lose one day with this control, because after 16:00 it was not possible, the work program of customs workers ending. You introduced the sampling? Will be introduced in the future? NCA has established clear procedures for risk management required to implement this type of control?
National Strategy of the customs authority, management trade volume of goods, is the selectivity, achieved through risk management, considering the introduction, since January 1, 2011, the EU border security measures on goods entered / removed in / European Community, in accordance with Community law, established by Regulation (EC) no. 648/2005 and the implementing provisions of Regulation (EC) no. 1875/2006, the customs administration in Romania attaches great importance to security and national safety] tional and, in addition, recognize that this increased security is actually a byproduct of selectivity and trade facilitation.
According to an order of vice NCA was implemented nationally integrated framework of principles and criteria for implementation of risk management activity across the different National Customs Authority. Based on best practices in this field at Community level, it was such a clear and consistent model, both the customs risk management as a whole and for its component parts.
Their goals through this strategy is the technical means are all the new or old, that is, opening containers, visual inspection, etc..?
One way to achieve the objectives which the customs authority has proposed to combat customs fraud, including the smuggling of cigarettes, is the use of NDT (scanners) at the external border.
Between May 2010 - December 2010, by order of the vice NCA were prepared some special measures to enhance and intensify this type of control, to combat trafficking of excise goods through border customs offices. From 1 January 2011, following an overall assessment, the special measures have been modified, taking into account the following main aspects: the smuggling of cigarettes (far less than values recorded in early 2010), the human and financial resources available (programuluide change it and / or focus existing resources for scanning activity to prevent any blockage in the normal flow of clearance of goods), national implementation of the Community concept of risk analysis for safety, security and environmental impact of business (unforeseen delays, the selection of other routes).
Starting January 1, 2011, equipment type scanner is used in the offices of the border, by the specialized personnel of the customs authority, in accordance with guidelines and technical standards for use in risk analysis and control according to the decision taken locally.
Traditional cooperation with IRU, arthritis and UNTRR
The main issue that directly affects the carriers is poor flow of road traffic in customs. Thus, we are repeatedly signaled that the Customs Siren drivers are sometimes up to 30 hours.
Hauliers plans are turned upside down and the company loses money-employer contracts. Another sore spot to block traffic in Romanian customs is outlined in relation Galati - Giurgiulesti - Reni.
Union of Road Transport Associations in Region Black Sea Economic Cooperation (BSEC-URTA) promotes smooth traffic on this route, for realization of the Black Sea transport ring. In terms of the NCA, which can considerably reduce waiting times at customs?
NCA has a tradition of collaboration with the IRU (International Road Transport Union Geneva) and TIR associations in Romania, arthritis and UNTRR. The fruits of this great public - private partnerships have resulted over the years in the successful implementation of the provisions of Annex 10 of the TIR Convention, by signing memoranda of understanding with IRU and arthritis, in the field of informatization and real-time data transmission SafeTIR ; reduction in the number of irregularities, aimed at transport under TIR carnets, so by the owners of Romania, and especially by foreign carriers, green lanes Romanian border crossing points for TIR Carnet holders, and and other measures to optimize traffic in the border, with the ultimate objective of reducing the maximum waiting times in the border.
As we approach the end of this year, please send a word Romanian carriers and advice for the year at the door.
Given the dual role of the National Customs Authority in Romania Transport - border security and facilitate cross-border transport, I believe that good communication, consultation and cooperation between businesses and customs administration are vital to achieve a satisfactory balance between customs controls and facilitation trade. Thanks once again for your cooperation Romanian carriers and wish them a successful New Year!