فنّاوری های نوین راهکاری جهت تسهیل تجارت بین الملل، پیشگیری و کشف قاچاق به طور همزمان؛ با نگاهی تطبیقی به چین (مقاله علمی وزارت علوم)
درجه علمی: نشریه علمی (وزارت علوم)
آرشیو
چکیده
در هر نظامی برای رسیدن به آرمانشهر تجاری اقتصادی، بسیاری از ارکان و نهادها در تلاش اند. گمرک، شرکت های دانش بنیان فعال در حوزه فنّاوری های نوین، تسهیل تجارت، پیشگیری از قاچاق، کشف قاچاق، حمایت از تولید ملی و توسعه تجارت بین المللی حلقه های یک زنجیره هستند که لازم و ملزوم یکدیگرند، اما میزان استفاده از فنّاوری های نوین در گمرکات ایران با گمرکات کشورهای پیشرفته، دارای اختلاف فاحش است و در برخی موارد، کماکان دیدگاه سنتی حاکم است. در این مقاله با رویکردی توصیفی تحلیلی، به بررسی تأثیر تغییرات قانون گذاری در حوزه گمرک بر پیشگیری از قاچاق کالا و تسهیل تجارت بین الملل می پردازد. به ویژه، قوانین امور گمرکی مصوب 1390 و قانون مبارزه با قاچاق کالا و ارز مصوب 1392 (اصلاحی 1400) و نقش فنّاوری های نوین در این زمینه بررسی خواهند شد. نتیجه این مقاله بیانگر این است که فنّاوری های نوین و حرکت از رویکردهای سنتی به سمت رویکردهای نوین مبتنی بر فنّاوری می تواند به منزله ابزاری واحد با کارایی چندگانه در تسهیل تجارت بین الملل، پیشگیری و کشف قاچاق بهره برداری شود.Using Modern Technologies to Facilitate International Trade, Prevent Smuggling, and Detect Smuggling at the Same Time: a Comparative Analysis of China
In every system, many organs and institutions are involved in the process of reaching an economic commercial utopia. This process can be described as a chain whichconsists of many loops that are mutual prerequisites, e.g. , customs administrations, knowledge-based companies operating in modern technologies, trade facilitation, smuggling prevention, smuggling detection, national production support, and international trade expansion. However, Iran differs significantly from developed countries in the use of modern technologies at the customs. In some cases, the dominant approach is still the traditional one. In this paper, the I.R. Iran’s Customs Administration (IRICA) is viewed as an economic boundary guardian at Iran’s inbound and outbound gates and an effective organization in international trade. Accordingly, this paper seeks to explain legislation changes, especially in the Law of Customs Affairs (approved in 2011) and the Law of Fight against Smuggling of Goods and Currency (approved in 2013 and modified in 2021), through the use of modern technologies for the situational prevention of smuggling and the facilitation of international trade. For this purpose, bibliographical and Internet-based references were employed in a descriptive-analytical approach. The results indicate that using modern technologies and shifting from traditional approaches to recent technological approaches can offer a single tool with multiple efficiencies to facilitate international trade, prevent smuggling, and detect smuggling. Keywords: International Trade, Prevention of Smuggling, Modern Technologies, Smuggling of Goods 1. Introduction Due to its geographical location and position as a transit hub for goods, as well as the volume of commercial activities, including imports and exports, the Islamic Republic of Iran has historically been susceptible to the smuggling of goods, both inbound and outbound, as well as the illegal unloading of transit goods within the country. According to the reports of the Central Headquarters for Combating the Smuggling of Goods and Currency, since 2013, the total volume of inbound and outbound smuggling has exceeded $12 billion annually, at a minimum, which constitutes a significant portion compared to the country’s formal trade. A wide range of goods, including clothing, footwear, cigarettes, household appliances, cosmetics, and hygiene products, fall within the scope of smuggling activities. Undoubtedly, technological advancements and the expansion of international trade have led to diversification of smuggling methods. Therefore, establishing a transparent economic framework, whose primary goal is economic security, has always been a focus for the most progressive governments. This involves monitoring the flow of goods from pre-entry points through transportation, storage, distribution, retail, and financial transactions, which facilitates international trade processes and enhances anti-smuggling efforts. Consequently, adopting technology-driven preventive and control measures has become an inevitable necessity. One of the most effective means of utilizing modern technologies in combating smuggling involves leveraging the capabilities of knowledge-based enterprises. This study seeks to address the following questions: 1) Is there a logical correlation between the use of modern technologies in combating smuggling and the expansion of international trade relations? 2) Given the undeniable proliferation of modern technologies in today’s world, how can such technologies be employed to prevent smuggling? By answering these questions, this analysis aims to substantiate the hypothesis that “The use of modern technologies significantly contributes to the regulation and effectiveness of anti-smuggling efforts and these technologies, rather than merely serving as counteractive tools, play a crucial role in trade facilitation and preventive measures against smuggling.” To achieve these objectives, the study first examined the concepts of “knowledge-based enterprises” and “modern technologies,” specifically detailing their functions, advantages, and applications in customs affairs. Furthermore, it assessed the effectiveness of these technologies by comparing customs conditions before and after their implementation. In 2018, papers titled “Increasing the Risk of Technological Detection: A Novel Approach to Smuggling Prevention” by Goodarzi and Abbasi, “Pathology of Electronic Supervision in the Fight Against Goods and Currency Smuggling” by Shah Mohammadi and Alishahi, and “Situational-Technological Prevention in the 2013 Customs Act” by Salajegheh et al. were published. Additionally, the Economic Research Department of the Iranian Parliament released a report titled “How Inefficient Bureaucracy Hinders Law Enforcement: A Case Study on the Electronic Implementation of Cross-Border Trade Processes in Iran” in the same year. Koosha and Jafari (2021) also published a paper titled “Smart Prevention of Goods Smuggling: Manifestations and Challenges.” Findings of these studies highlight the efficacy of modern technologies in anti-smuggling initiatives. However, considering that the Law on Combating the Smuggling of Goods and Currency underwent a significant revision in 2021, the aforementioned studies have not incorporated these legal reforms. Moreover, their analyses remain one-dimensional. Therefore, this paper aims to provide a comprehensive assessment of the impact of modern technologies on international trade facilitation, smuggling detection, and situational prevention of smuggling within the framework of the Law on Combating the Smuggling of Goods and Currency and its amendment. 2. Methodology In this research, we tried to collect and gather information from the primary sources (including laws, regulations, directives, bylaws, judicial decisions, etc.) and secondary sources (such as books and articles, theses, research reports, etc.) in scientific research data centers, official and reputable websites, libraries, and similar resources. From the perspective of the authors, the research title suggests, first, an examination of the legal foundations and the current utilization of modern and knowledge-based technologies in Iranian customs, and second, a comparative analysis of the performance of China in this domain. Consequently, the paper introduces the advantages and applications of modern and knowledge-based technologies in customs procedures and their role in preventing and combating smuggling, while evaluating the trade environment and anti-smuggling measures in Iran before and after the adoption of modern technologies. 3. Results and Discussion Today, smuggling of goods is one of the critical challenges affecting the economic systems of most countries. This issue is particularly severe in developing nations. The adoption and localization of cutting-edge global advancements by knowledge-based enterprises in this field not only facilitates international trade but also prevents the illegal entry of goods into the country. Hence, modern technologies play a significant role in regulating anti-smuggling efforts, not merely as reactive tools but as preventive mechanisms that enhance trade facilitation. Articles 5, 6, and 13 of the Law on Combating the Smuggling of Goods and Currency address product identification and tracking, while Article 8 of the Law on Continuous Improvement of the Business Environment mandates the electronic implementation of trade processes. However, despite the enactment of executive regulations for Articles 5 and 6 and the designation of functions and operational mechanisms for these systems, progress in achieving their objectives has been slow. A primary issue appears to be the regulatory approach in management, which lacks a practical commitment to implementing technical and operational aspects in Iran. Given these considerations, the following recommendations are proposed: integrating product identification and data registration for all goods into commercial systems (according to Article 13 of the 2013 Anti-Smuggling Law and its 2021 amendment) in conjunction with presented blockchain-based supply chain models, which would enhance supply chain management, improve product tracking, ensure transparency in trade processes, and optimize supply chain oversight through system-based monitoring. On the other hand, recognizing that the requirements for preventing and combating goods smuggling are not limited to a single product, a complementary ecosystem for technological products is necessary. Therefore, a second recommendation is to establish a consortium among knowledge-based enterprises with diverse expertise in trade and customs affairs. 4. Conclusions and Future Research In conclusion, despite the significant efficiency of modern technologies such as the Internet of Things (IoT), blockchain, Radio Frequency Identification (RFID) systems, etc., their implementation in Iran remains limited due to the lack of explicit legislative frameworks, insufficient technical knowledge, inadequate infrastructure, and the high cost of related equipment. In fact, domestic legislators have yet to fully incorporate the potential of modern technologies into the formulation and execution of regulatory policies. Compared to leading global trade countries with sophisticated customs systems, including China, Iran still has considerable room for improvement in legal, structural, and operational policies to reach an optimal level of global trade competitiveness.
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