Research On AEO Mutual Recognition Mechanism Under SAFE Framework

In2005, WCO proposed and approved the SAFE Framework. Under the framework, the mechanism of AEO and its mutual recognition has been introduced. The mechanism of AEO and its mutual recognition is an important contribution of customs law to the balance of trade security and facilitation. This thesis focuses on SAFE Framework’s detailed regulations on the mechanism of AEO and its mutual recognition, history, legal nature and current development of the mechanism of AEO mutual recognition. Moreover, the major difficulties the mechanism are facing when pursuing further development will be analyzed, with the detailed experience between European Union and the United States as an example.This thesis includes five parts. Part one mainly introduces the content relating to the mechanism of AEO and its mutual recognition under the SAFE Framework, including the source of international law of SAFE Framework, definition and legal nature of the mechanism of AEO, the definition and major implementing approaches of the mechanism of AEO mutual recognition. Part two and part three are the most important chapters of this thesis, which includes a general research on the mechanism of mutual recognition. Part two analyses the source of the mechanism of mutual recognition, which is the principle of mutual recognition under European Union’s legal framework, and the relationship between the principle of mutual recognition under European Union’s legal framework and the mechanism of AEO mutual recognition. In part three, based upon the European Union’s laws analyzed in part two, the further development of the mechanism of mutual recognition under the legal framework of WTO will be analyzed, and the relationship between the mechanism of mutual recognition under WTO legal framework and the mechanism of AEO mutual recognition will be analyzed to reveal the reason why WCO introduced the mechanism of AEO mutual recognition into the SAFE Framework. In part four, the legal difficulties face by the mechanism of AEO mutual recognition when pursuing further development will be analyzed based on the case study of the mutual recognition of European Union’s AEO program and United States’ C-TPAT program which are the two representative example of AEO mechanism. Part five focuses on the analysis of China’s current AEO system and its further establishment of the mechanism of AEO mutual recognition. The last part is the conclusion of this thesis.