Federal Board of Revenue (FBR) on Monday issued rules for dissemination of data of Pakistan Single Window (PSW).
These rules are called the Pakistan Single Window Trade Data Dissemination, Exchange and Utilization Rules, 2023.
In this regard the FBR issued SRO 406(I)/2023 dated March 27, 2023.
The FBR said that 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.
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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 or sharing of information with other entities and individuals.
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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 or publishing of cross border trade related statistics, public policy analysis and formulation etc.; 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 or regions under any bilateral or international agreement; and any non-commercial or commercial use as specified in rules 7 and 8.
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All data recipients receiving trade data from the PSW system under any Moll, 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 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:- 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 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.
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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, convention, sovereign obligations, confidentiality agreements etc. without obtaining prior written consent in this regard, from the relevant authorities or owners of the data.
