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2016 OAS Guidelines

1.III.5. Possibility to choose the place of the inspection

This benefit applies to AEOC and AEOS holders.

Article 24, paragraph 4, second subparagraph, of the AD CAU establishes the possibility of controls being carried out at a place other than that where the goods must be presented to customs. This alternative location could mean a shorter turnaround time or lower costs. However, this advantage will be subject to individual agreements with the competent customs authority. The location selected for inspection must in all cases allow customs authorities to carry out the necessary controls and must not jeopardize their results.

Although the possibility of choosing the inspection location is also provided for in Article 238, second paragraph, of the CAU AE for all economic operators with 27 other conditions and procedures, there is a distinction between the general provisions and the provision establishing an advantage for AEOs, since customs may take this status into account when determining whether or not to grant the request.

Regarding an AEO, several practical situations may arise, such as:

Depending on each case, and for certain transactions, an AEO may request that inspections be conducted at an alternative location.

In this case, customs authorities will take into account the AEO status. Unless otherwise provided, the customs authorities must allow the inspection to be carried out at the location selected by the AEO. These are situations in which AEO status and knowledge of customs authorities can be used to advantage other operators do not.

Due to its business activities, the AEO must use this option on a permanent basis and in combination with all the other "options" provided for in connection with registration in the declarant register with an exemption from the obligation to present goods in accordance with Article 182(3) of the UCC.

In this case, the AEO status is not sufficient to allow the economic operator to automatically use simplification and permanently clear the goods at its facilities. Although access to this simplification requires AEOC status, a separate application is required for this authorization.