Pakistan Single Window Trade Data Dissemination, Exchange and Utilization Rules, as published 2022
This is a 7 page document from the Pakistan Single Window Trade Data Dissemination, Exchange and Utilization Rules collection, published in 2022.
What this document is
Published by the Federal Board of Revenue as part of the Pakistan Single Window Trade Data Dissemination, Exchange and Utilization Rules collection. A consolidation of this kind folds every amendment made up to its cover date into the text, so it shows the law as it stood in 2022 rather than as originally enacted.
The source file states no date, so the year above is when the Federal Board of Revenue published the file. Treat it as approximate.
What changed since the previous version
This is the earliest version of the Pakistan Single Window Trade Data Dissemination, Exchange and Utilization Rules in this collection, so there is nothing here to compare it against. It is the baseline for the versions that follow.
The source file
| File name | SRO 2259-2022 - PSW Trade Data Dissemination, Exchange and Utilization Rules, 2022.pdf |
| Pages | 7 |
| Size | 1.86 MB |
| Text extraction | PDF text layer |
| Extraction confidence | high |
| Position in this collection | 1 of 2 |
SHA-256 of the source PDF:
24f4ea4c7ebfed61e86ae758aa2cdfb7fafa3a8104247e29879a806ee6741ab2Checking that value against the file you download confirms it is the same document these figures came from.
A note on these figures
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The full text of this version
Reproduced from the source PDF as printed.
GOVERNMENT OF PAKISTAN MINISTRY OF FINANCE AND REVENUE (REVENUE DIVISION) *
Islamabad, the 23 November, 2022
ret
NOTIFICATION
S.R.O. 62,z57 (1)/2022.- The following draft of the Pakistan Single Window Trade Data Dissemination, Exchange and Utilization Rules, which the Federal Government proposes to be
made in exercise of the powers conferred by sub-section (1) of section 21 of the Pakistan Single
Window Act, 2021 (III of 2021), is hereby published for the information of all persons likely to be
affected thereby and as required under sub-section (2) of the said section 21, notice is hereby given
that objections or suggestions thereon may for consideration of the Federal Government be sent
within fifteen days of its publication in the official Gazette.
Any objection or suggestion which may be received from any person, in respect of the said
draft before the expiry of the aforesaid period, will be considered by the Federal Government.
Short title, application and commencement: (1) These rules shall be called the
Pakistan Single Window Trade Data Dissemination, Exchange and Utilization Rules 2022.
DRAFT RULES
These rules shall apply to all persons, entities, government departments, and other
public and private firms and organizations connected to the PSW system or receiving PSW trade
data for any commercial or non-commercial use.
They shall come into force at once.
Definitions: (1) In these rules, unless there is anything repugnant in the subject or
context,
“Act” means the Pakistan Single Window Act, 2021 (III of 2021);
“Data Recipient” means any person, entity, government department, or public and
private firm and organization using or receiving data from PSW through system integration
or otherwise for official use, or any other commercial or non-commercial purpose;
“Trade Data” means all trade related information including trader profiles and category;
commodity classification, description, quantities, values, shipping weights, method of
transportation (sea, air, road/rail), country of origin or destination, port of discharge or
export, transaction category, supplier information, trade remittance information received
through financial instruments, amounts collected as duty, taxes, government fees and
charges, business to business payments on the PSW platform, regulatory information
pertaining to licences, permits, certificates, release orders, and other documents, number
and frequency of transactions, shipping and transportation data, risk profiles and other such
information collected or transmitted on the PSW platform or any of its allied components
including the Trade Information Portal, the Port Community System, the Computerized
Customs\ System etc., processed either directly on the system or through integration with
any partner public and private sector organization under a Memorandum of Understanding
(MW), and commercial or service level agreement, and any other type of data that may be
required to be generated by the operating entity upon specific instructions of the Federal
Government, PSW’s Governing Council, Customs or OGAs.
(2) Any other expressions used in these Rules shall have the same meaning and connotation
assigned thereto in the Act or rules made thereunder.
Confidentiality of Trade Data: (1) Any trade related information, transmission,
documents, data or record gathered through the PSW system under the Act shall be confidential
and shall not be used except as provided under these rules.
(2)
Customs and OGAs, and any other public or private sector entities exchanging data
with the PSW system shall put in place adequate measures to ensure protection of personal data,
personal privacy, and the confidentiality of individual records and transactions including risk
profiles and other such information, and to prevent unauthorized transmission/sharing of
information with other entities and individuals.
Dissemination of Trade Data: (1) The operating entity may disseminate the trade
data collected by it or any of the ancillary systems linked to it including the Customs Computerized
System, Port Community System, Trade Information Portal etc. or any system ancillary thereto.
for any of its authorized purposes including but not limited to the following namely:-
public information and dissemination through official websites, electronic, print and
digital media, research publications, news articles etc;
compilation/publishing of cross border trade related statistics, public policy analysis
and formulation etc.;
(iii)
submission before a court of law, tribunal or any other domestic or international
arbitration forum or for achievement of any of the OGAs operational or enforcement
requirements etc.;
integration with international databases and single window systems of other
cOuntries/regions under any bilateral or international agreement; and
any non-commercial or commercial use as specified in rule 7 and 8.
Non-Disclosure Agreement: (1) All data recipients receiving trade data from the
PSW system under any MoU, agreement, court’s order or authorization by the PSW Governing
Council shall undertake to treat the received data as confidential and, to not share it or otherwise
make it accessible to any third party without intimating and receiving the prior approval in writing
of the operating entity and subject to any other such conditions as the operating entity may specify.
If disclosure of any trade data is required whether directly or indirectly under a
legally binding order or other instrument issued by any local, national or international governmental
regulatory or law enforcement authority or agency, tribunal, court or arbitrator that has jurisdiction
over a data recipient other than Customs, OGAs or Federal or provincial government entities or
data held and processed by them, the data recipient shall exercise due diligence and before making
any disclosure of any PSW’s trade data, take the following actions, namely:-
(0
promptly notify the operating entity of such disclosure and the terms thereof and
provide the operating entity with a legal opinion that such disclosure is legally
binding on it and that the legal process is sufficient and valid; and
(ii)
consult with the operating entity regarding its response to such demand or request
and provide a true, correct and complete copy of the response to such demand or
request.
Trade data of non-commercial imports and exports of strategic or national
importance shall only be shared with authorized government agencies and departments after
obtaining prior written approval from such strategic organizations and shall not be publicly
disseminated or published or shared with non-governmental entities for any commercial or non-
commercial purpose.
The operating entity or any of its associated persons, organizations or entities etc.
shall not disclose any of the data held by them that is covered by any international treaty,
0 convention, sovereign obligations, confidentiality agreements etc. without obtaining prior written
consent in this regard, from the relevant authorities or owners of the data.
Publication of trade data: (I) Aggregated, anonymized statistical data regarding
cross border trade and transportation may be regularly published on the Government departments
websites or publications, PSW’s website, Trade Information Portal and other public portals
maintained by the operating entity or by Customs and OGAs for their users and general public.
Information so published shall not be in any way disclose information about the
personal or business details of any PSW’s user or transaction as completed by Customs or OGAs.
The operating entity shall take all measures to ensure that the trade data is
periodically updated and that data integrity as well as security standards are adequately maintained.
Subject to these rules, the PSW may make adequate arrangements, whether digital
or otherwise, for verification, review and validation of anonymized data to obviate any chances of
inadvertent errors, duplication or digital miscalculations etc.
Data dissemination for non-commercial use: (1) Aggregated and disaggregated
trade data not publicly available on PSW websites and various portals may be provided to Customs
and OGAs, academics, researchers, think tanks, research institutes and publications, development
partners, and other public and private sector entities as authorized by the operating entity for the
purposes of academic or market research, policy analysis and development, and other such non-
commercial uses subject to such limitations and conditions as specified by the operating entity.
The data recipient shall undertake to ensure that the data obtained from the PSW
system under this provision shall not be supplied to or shared with any other third party either free
of cost or on payment without express authorization of the operating entity, subject to any other
conditions or restrictions as the operating entity may specify.
The data recipient shall undertake to acknowledge and cite PSW as the source of
data correctly and appropriately in their respective work utilizing the PSW data whether in digital
or print form.
The operating entity shall ensure that data provided to any recipient other than
Customs and other entities of federal or provincial government does not in any way disclose
- information about the personal or business details of any PSW’s user or transaction completed by
Customs or OGAs.
The operating entity may charge such service charges as may be determined by the
Operating Entity keeping in view the quantum and frequency of data provided, resources allocated
etc. for retrieval and provision of its data however, government entities including Customs and
OGAs shall be &empt from such charges.
The operating entity shall ensure that trade data sought by entities of Federal or
Provincial governments including Customs and OGAs is timely and accurately provided.
The Operating Entity may make adequate digital arrangements for such data
recipients who may have periodic or recurrent data requirements.
Data dissemination for commercial use: (I) Aggregated and disaggregated trade
data subject to such limitations and conditions as specified by the operating entity may be provided
to private sectok firms or persons etc. as authorized by the operating entity for development of
value-added products and services, and other commercial use against a service charge under rule
7(5)-above.
The data recipient shall specify the purpose for which the data is being requested
and shall undertake to ensure that the data obtained from the PS W system under this provision shall
not be utilized for any other purpose or supplied to any other third party either free of cost or for a
consideration without express authorization of the operating entity, subject to any other such
conditions as the operating entity may specify.
The operating entity may itself develop or enter into commercial partnerships with
public or private sector entities for development of value-added products and services and share
disaggregated trade data for testing and development purposes subject to such conditions as may
be specified for maintaining of data confidentiality.
The operating entity shall ensure that data provided to any other commercial data
recipient with which it has not entered into a partnership agreement, does not in any way disclose
information about the personal or business details of any PSW’s user or transaction completed by
Customs or OGAs.
ev
(5)
Dissemination of data by PSW shall in no case affect the ownership or license rights
of the operating entity, Customs, OGAs or any other relevant department, organization, or entity
from which the data originated.
(6)
The Operating Entity may make adequate digital arrangements or provide access to
such data recipients who may have periodic or recurrent data requirements.
Data exchange and integration with national and international systems: The
operating entity may exchange trade data with national and international organizations including
single window operators, foreign governments, and international organizations pursuant to signing
of an agreement or MOU on such terms and conditions as the two sides agree with the approval of
the PSW Governing Council for trade data exchange and integration.
- Data Ownership and Protection: (I) All trade related data generated by or
collected on the PSW system shall at all times be accessible to and shall remain the property of the
Federal Government.
The operating entity shall retain the right to suspend or terminate the provision of
trade data dissemination services to any local or foreign non-government entity for reasons of
national interest and security.
In line with recommended best practices, the operating entity shall formulate and
apply an enterpiise data security and sharing policy to govern and monitor the dissemination,
transmission, exchange and use of trade data under these rules and to ensure protection of personal
data, personal privacy, and the confidentiality of individual records and transactions, and to prevent
unauthorized transmission and sharing of information with other entities. The operating entity shall
regularly review and update this policy in line with best standards and practices.
The operating entity shall submit a report on quarterly basis to the PS W’s Governing
Council regarding measures taken to implement the data security policy along with the list of all
data recipients that have been provided data for any purpose as specified under these rules.
- Unauthorized disclosure or transmission of trade data: (1) If there is reason to
believe that any data recipient, other than Federal or provincial government authorities, has
unauthorizedly disclosed, supplied, or transmitted data to a third party either free of cost or on
payment, the operating entity may proceed against the data recipient under the provisions of the
Act besides pursuing other remedies as available under other applicable laws rules and regulations:
Provided that any breach of the terms and conditions agreed upon by the parties in any
MOU or any other form of agreement including non-payment or short payment of the service
charges under rule 7(5) and 8(1), as the case may be, shall be construed as unauthorized access to
data in terms of section 2(1)(y) of the Act and shall render the data recipient liable to legal
proceedings under the Act.
[C.No.6( 1 )PMO(PSW)/S G02021 /Pt-I]
•••.”
(Mu
ram Jah Ansari)
Additional Secretary