Measure 4 - Procedures for appeal or review
- 1
- Each Member shall provide that any person to whom customs issues an administrative decision has the right, within its territory, to:
- (a)
- an administrative appeal to or review by an administrative authority higher than or independent of the official or office that issued the decision;
- (b)
- a judicial appeal or review of the decision.
- 2
- The legislation of a Member may require that an administrative appeal or review be initiated prior to a judicial appeal or review.
- 3
- Each Member shall ensure that its procedures for appeal or review are carried out in a non-discriminatory manner.
- 4
- Each Member shall ensure that, in a case where the decision on appeal or review under subparagraph 1(a) is not given either:
- (a)
- within set periods as specified in its laws or regulations; or
- (b)
- without undue delay
- aph
- the petitioner has the right to either further appeal to or further review by the administrative authority or the judicial authority or any other recourse to the judicial authority.
- 5
- Each Member shall ensure that the person referred to in paragraph 1 is provided with the reasons for the administrative decision so as to enable such a person to have recourse to procedures for appeal or review where necessary.
- 6
- Each Member is encouraged to make the provisions of this Article applicable to an administrative decision issued by a relevant border agency other than customs.