en gustav new laws regulations _cote d'ivoire 2012

7/31/2019 EN Gustav New Laws Regulations _Cote d'Ivoire 2012

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Gustav Adu July 3-5, 2012



OUTLINE Objective

Background

US Regulations Responsibilities of the

importer

Role of the

Producer/Exporter EU Regulations



Objective Inform about the new regulations

Show means of compliance

Where and how to seek information



Background Steps are being taken to

reduce proportions of illegal and unsustainabletimber and timberproducts consumed .

Tools used

Laws Procurement

regulations

Codes of best practices



Why Stop Illegal Logging Our countries lose needed revenue

Contribute to depress global timberprices

Rural communities are deprived of revenue

Money put in the pockets of criminals

Undermines rule of law and SFM

Destroys forests, watershed andhabitat

Profits from illegal trade used topurchase arms and fuel conflicts



Illegality can be…… Timber removed from protected

areas

Harvesting without permission

Failure to pay royalties, taxes andfees

Failure to comply with harvestingregulations

Failure to comply with nationalforest laws and regulations



Illegality…. • Logging timber species protected by national or international law

• Logging outside permitted areas

•

Logging in prohibited areas-steepslopes, river banks , water catchmentareas

• Removing under/over-sized trees

•

Extracting more timber thanauthorised

• Obtaining concessions illegally

• Logging in breach of contractual

obligations



Illegality…. Export/import of species

banned under nationalor international law

Illegal export/import incontravention of national laws

Mis-classification and False declaration

Transfer pricing



Lacey Amen e Act – P antprovisions

Unlawful to trade in any plant, with a few exceptions, that istaken, possessed, transported,or sold in violation of the lawsof the United States, or any foreign law that protects plants.



Three Basic Provisions1. Prohibits trade in

illegally sourced plantsand products;

2. Requires importers (inthe USA) to submit a

declaration;

3. Establishes penaltiesfor violating the law



Conditions of the law Unlawful to make or

submit any false record,account or label for, or any

false identification of, any plant

Foreign Timber Laws,such as forest management

laws and regulations of producer countries i.e.Cote d’Ivoire, Ghana,Senegal, Cameroon, etc.,are enforceable in U.S.Courts.



To comply..... Make best effort to ask appropriate

questions (exercise due care)

Go by the supply chain principles:

o Know it (source of material)

o Simplify it (understandprocedures)

o Track it (havedocumentations)

o Verify it (ask appropriatequestions, ask for evidence...)



Role of Importer Make due diligence to

ensure that shipments areobtained legally

Ensure shipmentdocumentations andrecords are correct, trueand accurate

Make sure shipment isproperly declared

in accordance withrequirementFiles electronicdeclarations on time by truthfully completing PPQ

Form 505



…PPQ Form 505 -Plant & Plant

Products Declaration… Section 1 – Shipment Information

Estimated Date of Arrival

Entry number

Container Number

B/L

MID

Importer name/address Consignee Name/Address

.



PPQ Form 505 -Plant & Plant

Products Declaration Form contd Section 2 Compliance with Lacey Act

Description of merchandise

HTSUS Number Entered Value in US Dollars

Article/Component of Article

Plant Scientific Name

Country of harvest

Quantity and Unit of Measure

% Recycled Material



Exporter… Importers will need to

obtain the informationfrom their suppliers.

Suppliers will need to keeptrack of informationrequired on a regular basis.

Assist US importers/buyer

with all relevantinformation on to facilitatetimely, truthful and correctfiling of declarations



Dos and Don’ts Avoid or minimize penalties under the Lacey Act

by exercising due diligence in the sourcing of woodinputs.

Pay attention to your customers – Customers willbe asking increasingly detailed questions about wood sourcing.

Producers and exporters/importers may be able to

attract new customers – or lose them – dependingupon what assurances they can provide about thelegality of their wood inputs.



Dos and Don’ts Understand your sourcing

Producers and exporters/importersshould put a management process

in place designed to investigate theproduct supply chain and providedocumented assurance thatpotentially illegal wood products

are not being received and used. Companies and company officials

who simply ignore potentialsourcing problems can still be

found liable for violations



Dos and Don’ts Do not rely on “paper”

assurances only

Actual lack of knowledge of

illegalities in the sourcing of aproduct’s raw materials will notprevent forfeiture.

Although helpful, it is not

enough to simply get a letter orcontract from your supplierstating that the wood products

were legally obtained



PENALTIES UNDER THE LACEY ACT Civil administrative penalties… knew, should have

known…. up to $10,000

Forfeiture.. even if did not know e.g., that timber was

harvested illegally. Ship, Vehicle, equipment , etc used, alsosubject to forfeiture .

Fines and imprisonment.. up to $250,000 ($500,000 fororganizations) and/or up to 5 years imprisonment. If

should have known.. offense is a misdemeanor ..up to$100,000 fine ($200,000 for organizations) and/or upto one

year imprisonment



Phase-in Schedule of Enforcement

II April, 2009 IIIOctober, 2009 IV April, 2010

HTS Chapters HTS Chapters HTS Chapters

Ch.44 Headings (wood & articles of wood) Ch.44 Headings (wood & articles of wood) Ch.44 Headings (wood & articles of wood)

4401 – (Fuel wood) 4402 – Wood charcoal 4421 – Other articles of wood

4403 – (Wood in the rough) 4412 – Plywood, veneered panels, except 44129906 and44129957)

Ch. 66 Headings (umbrellas, walking sticks, ridingcrops)6602 – Walking sticks, whips, crops

4404 – (Hardwood; poles, piles, stakers) 4414 – Wooden frames Ch. 82 headings (tools, implements)8201 – Hand tools

4406 – (Railway or tramway sleepers) 4419 – Tableware & kitchenware of wood Ch. 92 Headings (musical instruments)9201 – Pianos

9202 – Other stringed instruments

4407 – (Wood sawn or chipped lengthwise) 4420 – Wood marquetry, caskets, statuettes Ch. 93 Headings (arms and ammunition)9302 – Revolvers and pistols93051020 – Parts and accessories for revolvers andpistols

4408 – (Sheets for veneering) Ch. 94 Headings (furniture, etc.)940169 – Seats with wood frames

4409 – (Wood continuously shaped PLUS PHASE II Ch 95 Headings (toys, games, & sporting equipment)950420 – Articles and accessories for billiards



HTS Codes for HandicraftsCategory Common Name HTS code HTS Description

Wood Products Furniture 9403.60.40.00 Other Wooden Furniture/Other

Walking Stick 6602.00.00.00 Walking Sticks, whips ridingcrops and the like

Wooden Statues 4420.10.00 Wooden Statuettes and otherornaments

Wooden Frames 4414.00.00

Wooden frames for paintings,photographs mirrors or similarobjects

Other Articles of Wood 4421.90.20

Other articles of wood/other/sanded grooved orotherwise in advanced condition

Cigar boxes 4420.90.20

Jewelry boxes, silverware chests,cigar and cigarette boxes,

microscope cases, tool or utensilcases and similar boxes, casesand chests, all the foregoing of

wood/ cigar and cigarrette boxes

Wooden bowls/kitchenware 4419.00.80Tableware and kitchenware, of

wood/ other Jewelry boxes, silverware chests,cigar and cigarette boxes,microscope cases, tool or utensil

cases and similar boxes, casesand chests, all the foregoing of

wood/ Other/ Not lined with




Straw Baskets 4602.19.18

Basketwork, wickerwork andother articles, made directly toshape from plaiting materials ormade up from articles of heading4601; articles of loofah/Other

baskets and bags, whether or notlined/other

Broom table runners 4602.19.18 "

Musical Instruments Djembe 9206.00.20

Percussion musical instruments(for example drums, xylophone,cymbals castanets and Maracas)/Drums

Kpanlogo 9206.00.20

Axatse 9206.00.80Percussion Musicalinstruments……/Other

Xylophone 9206.00.80

Rattles 9206.00.80

Shakers 9206.00.80

Other string musical instruments(for example, guitars, violins,




Works of Art Paintings 9701.10.00

Paintings, drawings and pastels,

executed entirely by hand, other

than drawings of heading 4906 and

other than hand-painted or hand-

decorated manufactured articles;

collages and similar decorative

plaques; all the foregoing framed or

not framed/ paintings, drawings

and pastels

Plates and kitchenware 6912.00.41

Steins with permanently attached

pewter lids; candy boxes,

decanters, punch bowls, pretzel

dishes, tidbit dishes, tiered servers,

bonbon dishes, egg cups, spoons

and spoon rests, oil and vinegar

sets, tumblers and salt and pepper

shaker sets

Other ceramic kitchenware 6912.00.50 "/other

Christmas Ornaments Christmas Ornaments of Glass 9505.10.10

Festive, carnival or other

entertainment articles, including

magic tricks and practical joke

articles; parts and accessories

thereof/ Christmas ornaments/ Of

glass

of Wood 9505.10.15 /of wood



EU Timber Regulation

Key Obligations.

1. Prohibits the placing on the EU market for the firsttime of illegally harvested timber and productsderived from such timber;

2. EU traders who place timber products on the EUmarket for the first time must exercise 'due diligence’

3. EU traders to keep records of their suppliers andcustomers.

http://ec.europa.eu/environment/forests/timber_regulation.htm




Products the regulation will coverHTS code Description

4401 Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms; wood in chips or particles; sawdust and

4403 Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared

4406 Railway or tramway sleepers (cross-ties) of wood

4407 Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a

4408 Sheets for veneering (including those obtained by slicing laminated wood), for plywood or for other similar

4409 Wood continuously shaped along any of its edges, ends, or faces

4410 Particle board, oriented strand board (OSB) and similar board (for example, waferboard) of wood or other

4411 Fibreboard of wood or other ligneous materials, whether or not bonded with resins or other organic substances

4412 Plywood, veneered panels and similar laminated wood

4413 Densified wood, in blocks, plates, strips or profile shapes

4414 4414 00 Wooden frames for paintings, photographs, mirrors or similar objects

4415 Packing cases, boxes, crates, drums and similar packings, of wood; pallets, box pallets etc.

4416 Casks, barrels, vats, tubs and other coopers’ products and parts thereof, of wood, including staves

4418 Builders’ joinery and carpentry of wood, wood panels, assembled flooring panels, shingles and shakes



Products Cont’d HTS Code Description

Chapters 47 and 48 Pulp and paper, with the exception of bamboo-based and recovered (waste

and scrap products

9403 30, 9403 40, 9403 50 00, 9403 60 and9403 90 30

Wooden furniture

9406 00 20 Prefabricated buildings



Notice Application of the regulation to start March 3, 2013.

More detailed rules on implementation to be adoptedby the European Commission in June 2012

Products covered by valid FLEGT or CITES licenses areconsidered to comply with requirements of theregulation



Sources of Information Lacey website: http://www.aphis.usda.gov/plant_health/lacey_act/index.shtml

Environmental Investigation Website

• www.eia-global.org/lacey

CITES:

• www.cites.org

• www.cites.org/eng/resources/species.html

[email protected] Scientific names of plants

http://plants.usda.gov

http://www.ars-grin.gov/cgi-bin/npgs/html/tax_search.pl

http://www.itis.gov/

http://www.ipni.org/

• EU Timber Regulations


http://ec.europa.eu/environment/forests/timber_regulation.htm#diligence

http://ec.europa.eu/environment/forests/timber_regulation.htm#products

http://ec.europa.eu/environment/forests/flegt.htm

• Definition of legal wood: www.proforest.net/cpet/evidence-of-compliance/category-a-evidence/approved-schems

• www.proforest.net/cpet/evidence-of-compliance/other-evidence-as-assurance



Thank You

More information: www.watradehub.com

http://www.watradehub.com/

http://www.watradehub.com/

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