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2016 OAS Guidelines

3.IV.2. Adoption of the decision

The following factors should be taken into account:

  • Each Member State determines, within the framework of its internal organization, the specific service within the organization with the power to decide whether or not to grant AEO status.
  • Once the decision has been made, the final report of the competent audit team must play a key role in ensuring compliance with the specific criteria for obtaining AEO status, as detailed above.
  • Member States have a period of 120 calendar days to adopt their decision (Article 22(3) of the UCC). This maximum period may be extended in the following cases:
    • By the AEE, within another sixty calendar days, if it cannot comply with the aforementioned one hundred and twenty-day period. The applicant will be informed of the extension before the end of the one hundred and twenty calendar days (Article 28, section 1, of the AD CAU).
    • At the request of the applicant and with the agreement of the competent customs authority. During the extension period, the applicant shall make the appropriate adjustments to meet the established criteria and shall notify such adjustments to the customs authority. The requested extension period will be appropriate to the nature of the adjustments to be made (Article 22, section 3, third paragraph, of the UCC).
    • By the AEE, in case of a request to the applicant for additional necessary information. The applicant shall submit the information within thirty days of the request. The applicant will be informed of the extension of the deadline for making a decision (Article 13, paragraph 1, of the AD CAU).
    • By the AAE, within thirty days, if the applicant is granted the right to be heard. The applicant will be informed of the extension (Article 13, paragraph 2, of the AD CAU).
    • On the part of the AAE, if it has extended the consultation period of another customs authority. The deadline for adopting the decision will be extended by a period equal to the extension of the consultation period. The applicant will be informed of the extension of the deadline for making a decision (Article 13, paragraph 3, of the AD CAU).
    • On the part of the AAE, if the customs authorities are conducting investigations based on well-founded grounds for suspected violations of customs legislation. The maximum duration of this extension will be nine months. Unless this would jeopardize the investigations, the applicant will be informed of the extension (Article 13, paragraph 4, AD CAU).
    • On the part of the AAE, when there are pending criminal proceedings that raise doubts as to whether the applicant or, where applicable, the persons listed in Article 24, paragraph 1, letters a), b) and c) of the AE CAU, satisfy the conditions relating to compliance with customs legislation and tax regulations and the absence of convictions for serious crimes in relation to their economic activity. The period for adopting the decision shall be extended by the time necessary to complete such procedures (Article 28, paragraph 2, of the AD CAU).