6 IMPACT ON REGION INTERGRATION AND LEGAL ISSUE DOMESTICT LAW ESPICIALLY CUSTOMS ACT, B. E. 2469 (1926) and Draft Customs ACT,(NO..) B.E. ….
1 Legal framework and Instauration procedure
(1) However EU support ACTS by conform to NCTS maybe the Pilot project not be ensured that it has successfully, because ASEAN are not same Europe which entry into force community and common transit ,common Rule and Regulation, but the countries States in ASEAN there are different law. And Law Applicable subject to domestic law . Consequently Thailand shall consideration legal issues in the Thai Customs Law are inconsistencies with the said provisions of the Protocol 7 and shall provide for the efficient and effective arrangement for transit trade and Administration Customs Transit System, thereby ensuring that the country is ready to subscribe to the AEC in the future.
(2) ASEAN Customs Transit rule and Procedure including the Facilitation of Goods in Transit to facilitate transportation of goods transit has significant legal issues, which involves a domestic of transit laws, including Customs law and regulation relating to the administration and practices. This paper found that the existing domestic laws entry into force at present being unsuitable to be implementation of Protocol 7 subject to ASEAN Framework Agreement on the Facilitation of Goods in Transit (AFAFGT).
The results of this paper found that the Protocol 7 ASEAN Customs Transit System and ASEAN Customs Transit Rule and Procedures was draft for encourage and facilitate inter-state. And transit transport operation among the Contracting Parties.To facilitates transportation of goods transit. To support the implementation of the ASEAN Free Trade Area, and to further integrate the region's economies. To establish an effective, efficient, integrate and harmonized transit transport system in ASEAN because in every country all the ASEAN that have different lawand regulation in customs transit .Each Customs transit Rule and Procedures set to protect each countries' advantages.
(3) This variety creates the barrier to movement of transit transport, given to facilitation of Goods in Transit to the free and flow goods in region .The regional societies, therefore need a community and common transit that is a simple Rule and procedures .This creates certainly and facilitates the movement goods in transit in region modernized, speedy treatment and harmonization of control and procedures Customs transit connection with the application and issuance transit licenses including accompany document electronically by implementation of an automated Customs management system, the ASEAN Customs Transit System (ACTS) under customs control . furthermore help to detect customs fraud and other offences. Beside, the paper found have Some legal issues in the Thai Customs Law are inconsistencies with the said provisions of the Protocol 7 and the domestic law (Any law No 18 under the other State Agencies.)
Especially definition transit, infrastructure, legal framework, instauration procedure and any other element governing the movement of transit goods and traffic. A function transit system is essential for trade connectivity in the region. This paper found that If Customs Department is implementation; Customs transit law or rule and procedure that is a consistent to this agreement. It should be note that our existing principle the transit in the Customs ACT, B. E. 2469 (1926). (Section 58 and section 121)and Draft Customs ACT,(NO..) B.E. …., (section 3 section 6 section 7)are merely a mean of transit two type of transit: International and national transit (mode of transshipment) which the Revised Kyoto Convention (RKC)[1] adopted by the World Customs Organization (WCO), while key principles of transit in protocol 7 under The ASEAN Framework Agreement on the Facilitation of Goods in Transit (AFAFGT not focus on the transit two type.
Protocol 7 Customs Transit contains very broad definitions of transit in ASEAN Region. Such transit cover various type of in the mode of transport Internal transport" Means the carriages of goods loaded in the territory of a Contracting Party for unloading at a place within the territory of the same Contracting Party, including transport means road, vehicles, railway rolling stock, and inland waterways craft and aircraft.
This renders being unsuitable to usable or adaptable when it comes to international disputes regarding specific ASEAN Transit System. Some legal issues in the protocol 7 are not in line with our domestic Law for example
(4) Guarantee System. Managing guarantee is an essential part of transit system A transit guarantee system ensure that customs duties and taxes or charges, excluding fine suspended during transit operation to initiate a transit operation transport of goods from a Customs office of departure to a customs office of destination under the ACTS procedure.
The Protocol contains very broad principle of guarante