Implementation of Customs Information Technology System – ASYCUDA

(a)Definitions. For purposes of this Section:

(1)“Agency” means the Guam Customs and Quarantine Agency.

(2)“ASYCUDA” means the Automated System for Customs Data, a proprietary customs management system developed, administered, and supplied by the United Nations Conference on Trade and Development (UNCTAD).

(3)“Customs automated system” means an electronic platform or suite of modules used for the receipt and processing of customs declarations, manifests, cargo and passenger data, risk management, valuation, classification, revenue assessment and collection, enforcement actions, and related customs functions at Guam’s ports of entry.

(4)“UNCTAD” means the United Nations Conference on Trade and Development, a specialized entity of the United Nations responsible for, inter alia, the development and administration of ASYCUDA.

(b)Adoption and Designation as Official System. ASYCUDA is hereby adopted and designated as the official customs automated system of the Agency for all customs operations at Guam’s ports of entry, including, but not limited to, air, sea, mail, and express consignment facilities.

(c)Authority to Negotiate and Execute Agreements. The Director of Customs, with the approval of I Maga’hågan/Maga’låhen Guåhan, is authorized to negotiate, execute, implement, and amend agreements, memoranda of understanding, and other intergovernmental instruments with UNCTAD for the planning, acquisition, installation, configuration, hosting, integration, operation, enhancement, training, support, and maintenance of ASYCUDA and its related modules and services.

(d)Exemption from Certain Procurement Requirements. Notwithstanding any other provision of law, agreements, memoranda of understanding, and other instruments entered into pursuant to this Section for the provision of ASYCUDA and its directly associated modules, services, hardware and support shall be exempt from the Invitation for Bid

(IFB)and competitive source selection requirements of Chapter 5 of this Title, in recognition that ASYCUDA is a sole-source, proprietary, intergovernmental system available exclusively through UNCTAD.

(1)Prior to entering into any such agreement, the Director of Customs shall prepare a written determination, approved by the Governor, certifying that:

(A)ASYCUDA is available only through UNCTAD; and CH. 73 CUSTOMS AND QUARANTINE AGENCY

(B)the exemption granted under this subsection is limited to ASYCUDA and its directly associated modules, services, hardware and support.

(2)The exemption provided in this subsection shall not be construed to authorize sole-source procurement for any other information technology system, hardware, software, or service not directly related to the implementation and operation of ASYCUDA.

(3)A copy of each agreement or instrument executed pursuant to this subsection, together with the written determination required herein, shall be transmitted to I Liheslaturan Guåhan within thirty

(30)days of execution.

(e)Funding. Federal funds, including, but not limited to, Technical Assistance Program

(TAP)funds and other grants or cooperative agreements, together with local appropriations and any other lawful funding sources, may be obligated, encumbered, and expended for the planning, acquisition, implementation, integration, hosting, operation, maintenance, enhancement, and training necessary to support ASYCUDA and its associated customs automation functions.

(f)System Integration and Data Governance. The Agency shall configure and operate ASYCUDA in a manner that:

(1)facilitates electronic receipt, processing, and retention of cargo and passenger data, manifests, and declarations;

(2)enables, to the maximum extent practicable, electronic interface and data sharing with the Department of Revenue and Taxation and with any government-wide financial or revenue management systems authorized by law;

(3)supports accurate assessment, collection, accounting, and reporting of customs duties, use taxes, fees, and other revenues under the Agency’s jurisdiction; and

(4)preserves the Government of Guam’s ownership, control, and timely access to all customs and revenue-related data processed through ASYCUDA, regardless of hosting or service arrangements.

(g)Rules and Regulations. The Director of Customs shall, within one hundred eighty

(180)days of the effective date of this Act, promulgate rules and regulations, pursuant to the Administrative Adjudication Law, 5 GCA Chapter 9, to govern the effective use, security, integrity, access controls, confidentiality, data retention, and continuity of operations of ASYCUDA, and to ensure compliance with applicable local, federal, and international customs, trade, and border security requirements.

(h)Information Sharing and Interagency Cooperation. The Director of the Guam Customs and Quarantine Agency may, at his or her discretion, and consistent with applicable local and federal laws and confidentiality requirements, enter into memoranda of understanding, data sharing agreements, or other cooperative instruments for the exchange and use of information generated or maintained through ASYCUDA for customs, revenue, law enforcement, border security, and trade facilitation purposes, including, but not limited to:

(1)Government of Guam Agencies such as the Department of Revenue and Taxation, the Office of Technology, the Bureau of Statistics and Plans, the Port Authority of Guam, the Guam International Airport Authority, and such other departments, agencies, or instrumentalities of the Government of Guam as the Director deems appropriate to:

(A)improve revenue assessment, collection, and reconciliation;

(B)support coordinated risk management and enforcement activities; and CH. 73 CUSTOMS AND QUARANTINE AGENCY

(C)facilitate legitimate trade, logistics, and economic and statistical analysis.

(2)Federal Authorities such as the United States Coast Guard, the United States Department of Homeland Security, United States Customs and Border Protection, the United States Postal Inspection Service, the Drug Enforcement Agency, the Federal Bureau of Investigation, the Internal Revenue Service Criminal Investigation Agency, and such other federal law enforcement, border security, regulatory, or postal entities as the Director deems appropriate to:

(A)enhance joint enforcement efforts and information sharing;

(B)support compliance with federal requirements applicable at Guam’s ports of entry; and

(C)facilitate the secure and efficient movement of legitimate cargo and passengers.

(3)Regional and International Customs Entities such as Customs and Border Protection authorities within the Pacific region, including, but not limited to, customs administrations participating in the Oceania Customs Organization or similar regional bodies, for the purpose of:

(A)facilitating trade and transit of goods within the region;

(B)coordinating risk management and enforcement initiatives; and

(C)promoting cooperation and best practices in customs modernization and automation. Any such instrument entered into under this Subsection shall incorporate appropriate safeguards to protect confidential taxpayer, commercial, and law enforcement-sensitive information, and shall ensure that shared data is used solely for lawful governmental purposes related to customs, revenue, trade, or border security.