The security assurance is intended:
1° to cover expenditures incurred by the suspension measures of release into free circulation
by the customs authorities and other third persons;
2° to indemnify the importer where the goods in question are subsequently found not to be
infringing;
3° to prevent any abuse.
Where a security assurance is not provided within three (3) working days from the receipt of
the notification, goods shall be released into free circulation.
Article 277: Period of suspension of release into free circulation
The period of suspension of release into free circulation is twenty (20) working days or thirty
(30) calendar days whichever is the longer. Those days are calculated from the receipt of the
notification of the suspension notice.
If, within a period not exceeding ten (10) working days after the applicant has been served
notice of the suspension, the customs authorities have not been informed that court
proceedings leading to a decision on the merits of the case have been initiated, or that the duly
competent tribunal has taken provisional measures prolonging the suspension of the release of
the goods, the goods shall be released, provided that all other conditions of customs clearance
have been complied with.
If, at the end under paragraph 1 of the present article, a court proceedings has been hired
before the competent tribunal and that a decision on the merits of the case is not rendered , the
importer of goods may have opportunity of release into free circulation in posting of security
assurance of ten ( 10%) of the value of goods under customs clearance for which the purpose
is to cover expenses liability undertaken by the right owner and in compensation of any
prejudice if there is found to be infringement.
Where circumstances so require, period of suspension referred to in to paragraphs 1 and 2 of
this article shall be extended by the competent tribunal respectively for a new period not
exceeding twenty (20) workdays under the paragraph one or ten (10) workdays under the
paragraph 2 of this article.
Article 278: Inspection and examination of goods
Without prejudice to the protection of confidential information principle, the customs
authority shall allow the right owner and the importer to examine the goods the clearance of
which has been suspended, and to remove samples for examination, testing and analysis, in
order to substantiate their respective claims.
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