Cloud single window: Legal implications of a new model of cross-border single window

Abstract

In his paper, 'Weaknesses in the supply chain' published in this Journal,1 David Hesketh discussed the problems and threats for customs authorities that arise from lack of visibility in the supply chain of what is really being carried inside cargo containers. According to Hesketh, this is due to the fact that the information supplied to Customs and other authorities in all jurisdictions involved derives from different sources and, for various reasons, it is altered, summarised or manipulated to the extent that it is no longer a true representation of the goods being carried. This has serious implications not only for the collection of proper duties but also for the identification of counterfeit, dangerous or prohibited goods and for supply chain security. Hesketh posits that the solution lies in a re-think of how the supply chain is being managed by capturing information about the cargo as close as possible to the source, that is, from the consignor, and in ensuring that information does not change when it is made available to border authorities downstream. To make this happen, Hesketh proposed building 'a web-based, seamless electronic "data pipeline" linking the seller/ consignor and the buyer/consignee and interested economic operators in-between' with customs authorities.2 In this paper, I have suggested a potential system architecture that governments could implement in order to facilitate and take advantage of this data pipeline (the Pipeline) and I have explored the legal issues involved. The architecture proposed would require a new international convention but it would address the issue of integrity of the supply chain as well as provide for greater trade facilitation. It is also a model that, by taking a different angle, reduces the complexity of the legal issues involved.