Distributed Ledger Technology in International Trade: Rethinking the Role and Necessity of the Customs Declaration

Stanford Journal of Blockchain Law & Policy, Vol. 5, 2022

16 Pages Posted: 4 Mar 2022

See all articles by Mark Shope

Mark Shope

National Yang Ming Chiao Tung University; Indiana University Robert H. McKinney School of Law

Date Written: January 5, 2022

Abstract

Current research regarding distributed ledger technologies includes the extent to which these technologies can enhance the compliance function. This includes corresponding research on how distributed ledger technologies in international trade can enhance customs compliance, promote disintermediation, and create new efficiencies. Utilising distributed ledger technologies in the customs setting raises fundamental questions regarding the role of customs declarations when information necessary for a traditional declaration is retrieved from a distributed ledger technology-based global trade platform. As such, this article focuses on one technology-driven question for custom law and practice: does the use of distributed ledger technology-based tools and smart contracts for customs compliance purposes subject the idea of a "declarant" or "declaration" to potential re-characterization? Special attention is given to the idea of declarant and declaration under the Revised Kyoto Convention and a possible way forward through the recent Framework Agreement on Facilitation of Cross-border Paperless Trade in Asia and the Pacific.

Keywords: Blockchain, Smart Contracts, Customs, Declarant, Declaration, Revised Kyoto Convention, Framework Agreement on Facilitation of Cross-border Paperless Trade in Asia and the Pacific

Suggested Citation

Shope, Mark, Distributed Ledger Technology in International Trade: Rethinking the Role and Necessity of the Customs Declaration (January 5, 2022). Stanford Journal of Blockchain Law & Policy, Vol. 5, 2022, Available at SSRN: https://ssrn.com/abstract=4001168

Mark Shope (Contact Author)

National Yang Ming Chiao Tung University ( email )

No. 1001, Daxue Rd, East District
Hsinchu, 300
Taiwan

Indiana University Robert H. McKinney School of Law ( email )

530 West New York Street
Indianapolis, IN 46202
United States

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