Beruflich Dokumente
Kultur Dokumente
a r t i c l e
i n f o
Article history:
Received 17 December 2009
Received in revised form 5 January 2012
Accepted 14 February 2012
JEL:
D82
F13
L33
Keywords:
Preshipment inspection
Mutual supervision
Corruption
Customs administration
a b s t r a c t
Preshipment inspection (PSI) programmes are implemented in many developing countries to assist governments in the collection of revenue at their borders. These programs consist of the delegation of the inspection
of imports to a private rm. To study these PSI programmes, we develop a hierarchical agency model in
which the government authority can rely on two supervisors, namely the private inspection rm and the customs administration, to control importers' declarations. The government's optimal contract is fully characterized. We devote some attention to the inspection policy and its comparative statics properties. In particular,
we identify the situations in which PSI programmes are revenue enhancing. We also discuss the reconciliation
policy, i.e. what to do in case of conicting inspection reports by the inspection rm and the customs administration. In the optimal mechanism, mutual supervision between the inspection rm and the customs administration is used to provide adequate incentives to all parties.
2012 Elsevier B.V. All rights reserved.
1. Introduction
In many developing countries, customs revenue remains an important source of public nancial ressources. 1 However, in such
countries customs tariff collection is suspected to be particularly
inefcient. 2 Several factors may explain this inefciency. Most developing countries encounter major difculties in controlling porous borders. Despite ambitious reforms to modernize customs,
This paper beneted from the support of the FERDI (Fondation pour les Etudes et
Recherches sur le Dveloppement International) and of the programme d'investissements d'avenir of the french government.
Corresponding author.
1
More generally, the customs environment has a signicant impact on trade ows
and economic well-being. See Wilson et al. (2005) and the World Bank working papers
by Hoekman and Nicita (2008) and Njinkeu et al. (2008) for further details.
2
For instance, Bhagwati (1964) established that the discrepancies between a country's reported imports and the corresponding exports reported by its trading partners
may be explained by opportunistic undervaluation or misclassication of imports at
the border in order to reduce the tariff burden (see also de Wulf, 1981). Pritchett and
Sethi (1994) analyze the relation between the revenues collected and the ofcial rates
of taxation in some developing countries (Jamaica, Kenya, and Pakistan). They compare
the statutory ad valorem tariff rates (ofcial rates) with the ratio of tariff revenue to
import value (collected rates). They highlight that the collected rate is weakly related
to the ofcial rate. More recently, Fisman and Wei (2004) focus on evasion in China's
imports from Hong Kong at a higher level of disaggregation than the preceding paper.
They study empirically how tax evasion responds to tax rates, and they show a strong
positive relationship between them: products taxed at higher rates are more prone to
be affected by evasion.
0304-3878/$ see front matter 2012 Elsevier B.V. All rights reserved.
doi:10.1016/j.jdeveco.2012.02.005
See the World Bank discussion paper by Low (1995) for a general presentation.
283
Table 2
Customs support services (including Destination inspection and/or Selective PSI).
Country
Mandated member(s)
of IFIA PSI committee
Basis of member
choice
Country
Mandated member(s)
of IFIA PSI committee
Basis of member
choice
Angola
Bangladesh
Benin
Burkina Faso
Central African Rep.
Chad
Congo
Dem. Rep. Congo
Iran
Importer
Geographical
Monopoly
Monopoly
Monopoly
Monopoly
Monopoly
Monopoly
Importer
Burundi
Cameroon
Comoros
Cote d'Ivoire
Equatorial Guinea
Ghana
Guinea(Conakry)
Haiti
Liberia
Mali
Mozambique
Nigeria
Senegal
Sierra Leone
Tanzania
Togo
SGS
SGS
Cotecna
BIVAC
Cotecna
BIVAC, Cotecna
BIVAC
SGS
BIVAC
BIVAC
Intertek
Cotecna, SGS
Cotecna
Intertek
Cotecna
Cotecna
Monopoly
Monopoly
Monopoly
Monopoly
Monopoly
Air and land-/sea-freight
Monopoly
Monopoly
Monopoly
Monopoly
Monopoly
Port of arrival
Monopoly
Monopoly
Monopoly
Monopoly
Mauritania
Niger
Uzbekistan
Monopoly
Monopoly
Importer/exporter
4
The partial privatization of tax collection is not new. Tax farming in France before
the 1789 Revolution is certainly the most famous example. It may be used even today
in developed countries: e.g. in 2006, the Internal Revenue Service (IRS) planed to outsource the collection of some private debts (in fact 12,500 taxpayers whom owe $25
000 or less in back taxes) to three private companies (see IRS Enlists Help in Collecting
Delinquent Taxes, The New York Times, August 20, 2006).
goods but the customs ofcer in charge of this control may be corrupt
and enter into a side-agreement with the agent; (iv) the PSI rm can
also inspect the imports. This rm is not subject to corruption with
other parties but is nevertheless subject to opportunistic behavior
and will not hesitate to make false reports if it is in its interest to do
so.
We therefore model the PSI rm as an opportunistic but uncorrupted supervisor. The no corruption assumption may be questionable but is standard in the PSI literature. Johnson (2001), for instance,
argues:
Normally, given their geographical separation, there is little contact between customs authorities and PSI agents, thereby making
collusion between them extremely costly.
On the other hand, private and public actors agree that PSI rms
have a tendency to signal errors only when this increases the payment they receive. To deal with this opportunism they must receive
adequate incentives.
When studying corruption in customs administration, we abstract
extortion practices from the problem and concentrate on underinvoicing. It is plausible that doing so underestimates the benets of a PSI
program, because by limiting the discretionary power of customs
ofcers, PSI certainly makes extortion more difcult. However, our
optimal inspection policy for PSI programmes does not call for inspection by the customs administration on the equilibrium path: it is also
the optimal way to ght extortion.
Our model is reminiscent of double supervision models developed
by Bac and Bag (2006), Kofman and Lawarre (1993) or Mishra and
Anant (2006). Following those papers, we study the interaction between collusive and non-collusive supervisors. However, to take
into account specic aspects of PSI programmes, we are led to consider a timing that slightly differs from the one considered in those
Table 3
Revenues of the four biggest rms on the PSIs market in 2007.
SGS()
BIVAC
Intertek
Cotecna
Total
Total revenues
millions $
Total revenues
millions $
3751
2637
1095
216
7699
182
208
74
195
658
Sources: Union des Banques Suisses (UBS) and Safra Bank (Lux.) Estimations.
FS1: Socite Gnrale de Surveillance. From 1991 until 1997, Cotecna was an afliated
rm of SGS.
284
3
:
2
R b R :
Tax transition consists in reducing import tariffs and increasing revenues from domestic taxation such as Value Added Tax.
6
Keen (2003), chapter 1, provides gures showing that in many developing countries, more than one half of the total VAT is collected on imports.
:
FA
R max ;
c1 ;
2
2F A
and the regulator prefers inducing a truthful declaration whenever
c1 FA.
3.1.4. Corrupt supervision
As argued above, the hypothesis of an uncorrupted customs administration is not suitable for most countries that implement a PSI
program. We now introduce corruption in our simple model. We
still assume that the customs administration (S1) is paid according
to a xed wage that reimburses its cost c1. However, we consider
now that S1 may be corruptible. With probability (1-s), the customs
ofcer that controls the merchandise is honest and sends to the
regulator the true value q that he observed. With probability s, the
customs ofcer is dishonest and colludes with the importer A. 7 The
variable s measures the degree of corruption of the customs administration. Collusion is valuable for the importer/customs ofcer coalition
when the importer declares q~ 1 while the true value, observed by
the ofcer, is q = 2. In that case, we assume that bargaining between
the importer and the ofcer takes place under complete information
and is Pareto efcient.
7
This is a shortcut. The rationale may be that the regulator imposes a constant ne
FS1 to corrupt ofcers, and that heterogeneous ofcers differ in their subjective evaluation of this ne. A proportion 1 s of ofcers consider the ne sufcient and prefer not
to enter collusive agreements. A proportion s consider it is worth being corrupt.
285
At
At
At
At
At
At
;
F A sF A =2
c1 :
R max ;
2
2F A s2F A
From this expression we can compute the threshold c^1 over which
the regulator prefers to let underinvoicing occur in equilibrium. This
threshold c^1 depends now on the tariff rate . It is given by
c^1 F A 1s s :
2
Notice that it increases with the tariff rate and decreases with
the degree of corruption of the customs administration s. We can
state the same property differently and isolate s instead of c1. In so
doing, we identify a threshold in the corruptibility of the customs administration above which the regulator prefers to implement the no
8
The ex post stake in bargaining is FA, but the ex ante stake is . If the share of the ex
post stake that the importer can secure is too low, it would anticipate a hold up problem and would never underinvoice in the rst place. So for simplicity we arbitrarily assume that bargainers equally share the ex ante stake.
286
F A c1
:
F A 2
287
p2 1p1 sF A p1 s :
2
In this section, we check whether implementing the optimal regular truthful equilibrium identied in Proposition 2 is indeed the optimal inspection policy available to the regulator. The regulator
basically faces three options. He can decide to implement the optimal
regular truthful equilibrium identied in Proposition 2, i.e. decide to
use the PSI rm; he can decide to use the customs administration
only and implement the inspection policy identied in Eq. (3); or he
can simply choose to let underinvoicing occur and decide to use neither the PSI rm, nor the customs administration. In order to compare
the last two options, we have already introduced the threshold ^s 1 dened in Eq. (4). For the two other pairs of options, we will need
^s 2
FS
p1 F S2 ;
the benet from lying must be less than the expected cost of doing so.
Because inspection is costly, R wants to minimize the probabilities
p1 and p2 and constraints (5) and (6) will bind at the optimum. 14
Proposition 2. The optimal regular truthful contract is characterized by
the probabilities of inspection
p1
;
F S2
FA
F A 2
c1
c1
S2
and
p2
F A
;
F A 2
sF
FA FA 2
S
288
s
No Inspection
s 1
C
A
s 2
Customs
only
PSI
s 3
c1
administration and one could think that S2's report is more reliable
than S1's report.
It is important to realize that the optimality of a reconciliation policy that is unfavorable to S2 is an equilibrium phenomenon, i.e. it is
true if the regulator carefully designs all other aspects of the program.
Intuitively, in equilibrium, inspection by the customs administration would be used to discipline the opportunistic supervisor S2 and
not directly to discipline the agent. Moreover, in our model, corruption of the customs administration is supposed not to occur in equilibrium if S2 is used sufciently frequently. Actually, with an
imperfect inspection technology, corruption and underinvoicing are
controlled through the reconciliation policy implemented when
q~ 1, q~ 2 2 and q~ 1 , while the oppportunisitc behavior of S2 is
controlled through the reconciliation policy implemented when q~
q~ 1 1 and q~ 2 2. This explains why it is optimal to believe S2
when q~ 1, q~ 2 2 and q~ 1 , and to believe A when q~ q~ 1 1
and q~ 2 2.
5. Discussion
corruption while the no inspection policy is optimal for very high degrees of corruption.
Finally, when the customs administration is very inefcient, with
c1 > , it is never optimal to use the customs-only inspection policy.
This is case (j) and for low degrees of corruption, it is optimal to
enter a PSI programme, while for high degrees of corruption, the no
inspection policy is preferred.
A discussion of the positive and normative content of Proposition
3 follows in Section 5. Before that, we scrutinize the reconciliation
policy in the next subsection.
15
Relying on an honest ex post audit to discipline customs ofcers might be an effective measure and result in a decrease in s. We thank an anonymous referee for suggesting this point.
289
unsuccessful, even if some reconciliation procedure is included. There are two main reasons for this failure. First, data crosschecking suffers from the lack of computer connection
between PSI rm and customs administration. Second, the
two pieces of information are hard to compare since the
goods listed in the certicate issued by the PSI rm may be
imported in separate shipments and generate several customs
declarations. There have been some experiences, in Mauritania
for instance, of reconciliation by a high level steering committee of the Ministry of Finance using data provided by the PSI
rm and the customs administration. Unfortunately these experiences remain sporadic, and ministers in charge of import
verication programs are reluctant to undertake concrete
follow-up actions.
(iii) In a few countries, the regulator imposes customs duties that
are based on the import value certied by the PSI rm. However, in most countries, in case there is a conict between the information provided on the PSI rm certicate and that coming
from customs control, the customs duties are based on the latter: a consequence of the sovereign power of the customs
administration.
(iv) The regulator's involvement in the design and implementation
of PSI contracts is necessary to improve reconciliation practices
and to enforce selectivity in customs and PSI rm controls.
Multilateral institutions try to encourage this involvement,
and governments seem to realize more and more that PSI contracts must not be managed by the customs administration
alone. For instance, according to the last Memorandum of Economics and Financial Policies, the Malian government intends
to introduce an automated targeted system for customs inspection by 2012 (see Mali: Letter of Intent, IMF, May 2011 16).
To summarize this discussion, existing PSI contracts certainly do
not share all the characteristics of optimal contracts as identied in
our model. However most of them possess one or another of these
characteristics. Most importantly, they seem to be evolving broadly
in the right direction, i.e. so as to get closer to the optimal contract.
5.3. Where to go with the PSIs?
Our model suggests several conclusions about the future of PSI
contracts, which have recently been questioned during WTO negotiations on exchange facilitation. Our theoretical analysis shows under
which circumstances, especially the corruption level of customs administration and its degree of modernization, a PSI contract can be efcient, i.e. can increase customs revenue. We have already mentioned
in a previous paragraph the necessity for the regulator to actively implement the PSI program. The regulator's commitment is crucial both
for the design and for the day-to-day operating of the contract.
The regulator should also pay attention to potential conicts in the
objectives of PSI contracts. A PSI contract should not incorporate a
skill transfer program from the PSI rm to the customs administration
for at least two reasons. First, as illustrated in Fig. 1, the PSI rm has
no incentive to help the customs administration modernize. By
doing so it would help the country move in a direction where PSI programmes are useless. Second, in a PSI contract, the mechanics of mutual supervision works correctly only if the two supervisors do not
communicate. Otherwise, collusion between them might hurt the
regulator. Skill transfer programs necessitate communication for instance to share knowledge about risk analysis or to develop the use
of computers. It is likely that this also facilitates collusion between
the PSI rm and the customs administration. An improvement for future programs concerning customs in developing countries would be
to separate the objective of customs modernization and the objective
16
Available at http://www.imf.org/external/np/loi/2011/mli/052611.pdf.
290
0
1
F A Fs F A 2
S2
A;
b c1 @
F A s F A 2
First, let us compare what the regulator obtains in a regular truthful equilibrium and what he obtains if he decides simply not to ask for
inspection and let underinvoicing occur. In the absence of any inspection, the expected loss is /2, while the expected gains come from
what is saved in terms of the inspection costs 2 p2 . Accordingly, we
^ over which the regulator prefers to let
can dene a threshold
underinvoicing occur, i.e. prefers to set p2 = p1 = 0. Straightforward
computations give the equation
^
1 Fs
S2
FA
:
F A 2
FS
F A
:
F A 2
1 b s
FA :
c1
c1 F S2
2
for s, namely ^s 3 by
Intuitively when the degree of corruption of the customs administration increases, inspection by the PSI rm must be more frequent in
order to prevent underinvoicing, and this is more costly for the regulator who prefers to let underinvoicing occur. Next, we check when it
is optimal for the regulator to x p1() = 0.
In other words, we check when it is optimal to use inspection by
the customs administration for the sole purpose of providing a
disciplining device for the PSI rm. When p1() is different from 0,
in a truthful equilibrium, constraint (6) must still hold and will be
binding in equilibrium. Taking this into account, the incentive constraint corresponding to Eq. (5) is written now as
p2 F A
!
s
:
FA
1p2 p1 F A s F A
F S2
2
2
A:2
A:1
The left hand side is, as before, the benet of an importer that
declares 1 instead of the true value 2. The right hand side is the associated cost of doing so. With probability p2, S2 inspects the merchandises and discovers the lie; the importer is then ned and pays FA,
unless S1 is also asked to inspect and colludes with A to contradict
S2's report. This latter event occurs with probability p1 s (where p1 is
given by Eq. (6) binding) and leads A to pay /2 instead of FA. With
probability (1 p2)p1(), S1 carries out the only inspection of the
merchandises and A is ned unless S1 is corruptible, this case corresponds to the second term in the right hand side. In a truthful equilibrium, the objective of the regulator is to minimize the inspection costs
given by
1p2 1p2 p1 c1 ;
subject to constraint (A.1). Let us label x the variable p2 and y the variable (1 p2)p1(). It can be clearly seen that both the objective
function and the constraint are linear in x and y. Due to this linearity
of the objective and the constraint, we conclude that the solution will
be in a corner, i.e. either x = 0 or y = 0 which implies that either p2
will be set equal to zero or p1() will be set equal to zero. The regulator will either choose to use S2 and then will set p1() = 0 or will
choose not to use S2 and to rely only on S1, the customs
^s 3
FA
F A 2
c1
c1
S2
B:2
Constraints (B.2) and (B.3) are binding at the optimum. From this
we can characterize the two equilibrium probabilities p1 (1, 2) and
p2 (1, 2) that minimize the regulator's total inspection costs. From
the fact that Eq. (B.2) is binding, we deduce that p1 1 1 FS ,
2
with equality when 2 = 0. We can also rewrite Eq. (B.3) binding as
p2 F A 1
!
F
;
p1 1 1 1 s A 2
F S2
FA
B:4
no impact on the optimal p2. The only thing that changes is p1 which
is higher when 1 is different from 0. However, in equilibrium, this
has no impact on the regulator's payoff because S1 never inspects in
a truthful equilibrium. Incentive compatibility nevertheless imposes
that F S 1
1.
2
291
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