Committee suggests monitoring by agency

A national transit agency (NTA) can be formed under a new law to monitor transit operations and work as a coordination cell for all agencies involved in the process, a government sub-committee recommended.
“To ensure security, all law-enforcement agencies should be brought under an umbrella to set a system for ensuring surveillance and checking of the consignments,” the panel said in a report.
“Responsibilities to ensure security must be clear-cut and articulated for everybody's understanding and strict compliance.”
The committee led by a former member of the National Board of Revenue has studied the legal issues -- from security to monitoring, anti-smuggling and international and domestic practices and obligations.
An NTA is proposed because a series of laws on customs, border guards, transportation, vehicle management, port, immigration, bilateral border crossing arrangements and sovereignty is connected with the transit issue.
Other members of the committee include representatives from the home, shipping, law and commerce ministries. Dr Rahmatullah, former director of UNESCAP, was an adviser to the committee.
“For monitoring of the transit operation, an NTA can be formed under an Act approved by parliament to accommodate relevant Acts and Rules,” the committee said.
The transit issue is being discussed widely as the scheduled visit of Indian Prime Minister Manmohan Singh nears. Dr Singh will come to Bangladesh on September 6 when he is expected to sign some deals including a framework on the transit.
Article 5 of GATT (General Agreement on Trade and Tariff) stipulates the provisions of freedom of transit and transhipment between the contracting parties. Bangladesh as a member of the WTO (World Trade Organisation) may implement the transit and transhipment facility to other member countries.
The committee asked the government to consult, examine and scrutinise the relevant laws and rules and international best practices, before implementing the transit. Accordingly, it made the recommendations.
The committee suggests a legal framework to be in place, which would detail the scope and manner of the operation, including definition of the transit and transhipment, routes, fees and charges and security measures.
“If a single rule is found inadequate to address all issues, more can be framed under different laws. In framing those, international best practices and rules should be consulted to adopt necessary provisions and resolve the conflicting issues,” the panel said.
“Or a separate Act namely Transit Act will need to be formulated and enacted for this purpose,” it suggests. The committee also said a rule can be framed under the Act, which would supersede all provisions of the existing protocols and rules of Bangladesh.
The committee feels an in-depth study on these legal issues should be initiated immediately with the assistance of the law ministry. “There must be a sharing of experience with the transit-giving countries regarding addressing of legal issues,” it said.
The committee suggests a strong data management system to supervise the transit operations, including movement of vehicles, shipments, formalities at entry and exit points, payment of fees and exchange of data transmission between the agencies.
“To ensure smooth movement of transit vehicles, electronic information can be sent to the specific points under the geographical jurisdiction of the district administration for intimation,” it said.
For better monitoring and addressing traffic congestion, checking and scanning of the vehicles, determining the specific number of vehicles for a convoy to ply in or out by rail, road and river has to be made.
In terms of sanitary and phytosanitary measures that include end-product criteria, processes and production methods, testing, inspection, certification, quarantine treatments, the committee recommends to look at the features of the Asean (Association of Southeast Asian Nations) Framework Agreement of Facilitation and Goods in Transit.
To prevent smuggling of goods by transit consignment, the committee suggested, a patrolling system should be introduced in addition to scanning to see the containers are moving properly under seal and lock. The committee suggested the law ministry work further on the issue.
Transit consignments will require insurance of goods to ensure the safety of government property and individuals, according to the committee.
Domestic obligations regarding developing physical infrastructure, services, security and IT management should be addressed, it said.