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By Wun Kha Yan
The procedures of Post-Clearance Audit have been announced by the Union Minister’s Office of the Ministry of Planning and Finance with Notification 10/2017 dated 17 January 2017.
The terms used in the Procedure have the same meaning as mentioned in the Sea Customs Act. The Post-Clearance Audit is a process of systematic customs controlling in which the records and trade processes maintained in any system of the auditees, directly or indirectly involved in international trade, are examined to the satisfaction of the auditors as to the accuracy of the declarations of goods.
The trade process is a process that involves the sale, purchase, exchange, payment, and receipt of trade information, services, and goods. The audit team is a team led by not lower than the rank of staff officer assigned by the Director-General to inspect post-clearance audit. The auditee is any person that imports, exporters, transits the goods by any means, exporter or recipient of goods, owners of goods, representatives of customs services and stores of goods, transporters of goods and any person or company which involves directly or indirectly in the trading of goods.
A regional customs office is a customs office designated by the Director-General under the Land Customs Act with Notification. Third parties do not include persons from overseas, companies, importers and exporters, but include the customs service agents, local representatives of individuals and companies exporting goods, intermediaries involved in the import and export of goods, and other agents.
The duties and rights of the auditee are to retain books, records and documents related to finance and records relating to the trade process in any form, for seven years and to notify the Customs Department three months in advance if the company is dissolved before that period to be subject to inspection. To facilitate the audit process, the auditee shall appoint a responsible representative to cooperate with the audit team. The audit team shall be allowed to enter the premises. If any records are asked by the audit team, it should be allowed and a copy if asked. The audit team shall be allowed to open, seal, and take samples of any goods or places on the premises and shall assist in any necessary inspection matters. The decisions made by the Director-General based on the audit report shall be complied with.
The action of the Post-Clearance Audit shall be conducted without any interference or obstruction. The findings of the Post-Clearance Audit shall be accepted and confirmed or clarified. If the auditee agrees with or objects to the audit findings of the audit team, he shall respond within seven days, stating the reasons for his decision.
The rights of the auditee shall request a letter of assignment to the audit team. When the audit team visits the company, they can ask for their ID cards. They can ask for any unclear points regarding the auditing findings. If the findings cannot be accepted or resolved within the specified period, they can request an extension of time from the audit team.
Therefore, the businessmen of micro, small and medium enterprises (MSMEs), companies conducting export/import activities throughout Myanmar that are engaged in domestic and foreign trade are to understand the definition of post-clearance audit procedures, the duties and rights of the auditee, and the rights of the auditee, they must refrain the illegal trade activities. It is to urge that the conducting of legal trade activities will not only develop the interests of the country but also increase the tax revenue that the state deserves.
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