It is also important to note certain statements made by the Government of Pakistan when it objected to the litigation pending in the Swiss courts. Pakistan’s Brief on Objections to Jurisdiction filed with the Geneva Court of First Instance described certain aspects of the PSI Agreement as follows:
This Tender was made in the context of a delegation to the private sector of part of the Customs power belonging to the State by virtue of the Pakistan “Customs Act” 1969 more particularly Article 25 which gives competence to the federal public servants to determine the value of the goods imported and exported…”;
In enumerating the services to be performed by SGS it was : “generally speaking [to] take care of raising the Customs revenue by putting into place trustful and simplified proceedings”, “conduct enquiries in conjunction with the Pakistan Customs,” “educate the Pakistani Custom authorities on the techniques of evaluation and application of Customs rules.