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The Implications of Certain WCO Instruments 4

The Implications of Certain WCO Instruments

Director General

Re: The Implications of Certain WCO Instruments

The following note down outlines the repercussions of four instruments types that you shall employ in the approaching WCO Meeting:


A treaty is an official agreement between two parties which may include states, organizations or unions. Before signing an accord, one should take into account;

  • Terms and conditions of the Vienna convention that states that upon signing the agreement, breaching of the rules and regulations will lead to termination of the treaty.

  • Upon signing the treaty under Vienna’s convention, the treaty will be a binding document between the two parties unless indicated otherwise.

  • Parties have the right to information to all terms indicated in the treaty and allowed enough time to comprehend as well as agree to the treaty.

  • The process of treaty authorization may take a long process of Ministerial/Cabinet approval prior to signature; a Regulatory Impact Statement; a National Interest Analysis; consultation with stakeholders including states and territories; and consideration by parliament via the Joint Standing Committee on Treaties.

Parties should take the initiative of carefully assessing the implications of entering into such an agreement. A closer look into one’s legal system would be of importance as it determines whether the legislation process will take place or not. In accordance to the Vienna convention, Article 19 impediment of the agreement ought to be put under careful scrutiny for a comprehensive undertaking between the two parties.


It is recommended that procedural and technical terms of treaties be well explained to the concerned parties. On completion of this procedure parties are free to conform to the terms of the agreement and see to the implementation of the accord.

Resolutions and Affirmations

These instruments depend on the action taken upon by two parties in an agreement. The two parties are able to resolve a case and come to a conclusion depending on their ability to come to an agreement. If the case put forward is difficult to solve, then the process of agreement and declaration may take a longer period of time.


World Customs Organization. (2011). Tools and Instruments. Retrieved from:


Truel, C. (1992). A Short Guide to Customs Risk. International standards for customs and business. Retrieved from: http://www.ashgate.com/pdf/SamplePages/Short_Guide_to_Customs_Risk_Foreword.pdf