Customs Compliance & Risk Management

Customs Compliance & Risk Management
2022
February/March
Journal for practitioners in Europe
Issue 13
ISSN 2669-2171
February / March 2022
Roberto Raya da Silva

Editor's message

Roberto Raya da Silva

Member of the Editorial Board

Dear Reader,

The speed at which information travels, we could say, is instantaneous, and so is its impact. The war started by Russia in Ukraine on the 24th of February, moved foreign trade and financial markets worldwide at an unprecedented pace, due to the many sanctions imposed and made countries and businesses reconsider with whom they deal and how they go about the situation. 

Brazil imports 85% of fertilisers, and Russia is responsible for 23% of these imports. This is one of the facts that makes Brazil choose to adopt a neutral position towards the war. Israel tends to choose the same position as well, in the opinion of Omer Wagner, which he expresses in the article ‘Non-government-controlled territories and free trade agreements’. In this article, the question is considered: what is the origin of a product manufactured in the territory de-facto controlled by another state? 

The origin of goods aspects is dealt with in two more articles. Ira Reese, in the article ‘Customs issues related to trade in purported forced labour,’ highlights customs challenges determining the origin of ‘Uighur cotton’ and concludes that 'countries may enact "feel good" laws forbidding the importation of such products and international bodies can develop guidelines and principles in commerce, but without the proper enforcement tools nothing can be accomplished unless these laws and guidelines can be enforced'. Thomas Woodtli, in the article ‘PEM Convention: application of the new rules of origin in the machinery sector’, draws attention to the application of the new transitional rules of origin. 

Thomas Woodli, who is starting his new role as Global Customs Expert at one of the world’s leading providers of diagnostic systems for hospitals, gave an interview where he answered the question: why seek a career as a customs specialist? The role of the customs specialist was also discussed during the 10th Authors’ Meeting, organised by CustomsClear. You will find a summary of the thoughts and insights of customs specialists from various countries in the article ‘War: How does it highlight the role of a customs specialist, and related challenges?’

You will certainly reflect once again on the impact of the war, reading the news published on the website of EBA European Business Association on martial law imposed in Ukraine, the abolishment of mandatory labelling of non-food products in Ukrainian during martial law, and the abolishment of the list of critical imports, and, especially, reading the Open Letter to international community in relation to the full-scale Russian aggression against Ukraine. The news is included in the ‘Ukraine customs-related news: February/March 2022’ by Iryna Pavlenko and Oleg Kyryievskyi.

Certainly, there are many more relevant topics for customs practitioners covered in this issue, such as the EU customs declarations and procedures, customs clearance in the UK, proposed changes in Indian Customs law, digitisation of customs processes in business, and phytosanitary, veterinary and sanitary import controls. 

I hope you will find new customs-related insights and knowledge in this issue. We would love to learn your thoughts, questions and feedback, so please leave your comment below an article on the CustomsClear platform, or email us at info@lcpa.lt. We always look forward to hearing from you!

Roberto Raya da Silva, São Paulo, Brazil
Member of the Editorial Board

Read more

Knowledge

'Lex Portus' - the journal launched in Ukraine after the annexation of Crimea

'Lex Portus' - the journal launched in Ukraine after the annexation of Crimea

Borys Kormych
Borys Kormych
27 Feb 2022

A year ago, we published an interview with Prof Dr Borys Kormych, with whom we have the honour of cooperating on the editorial board of the CCRM journal. We then discussed the 'Lex Portus' journal, which was started in Ukraine after the annexation of Crimea, to address, among other topics,...

compliance
Knowledge
Digitisation of customs processes in business: best practices, challenges and the future

Digitisation of customs processes in business: best practices, challenges and the future

13 Mar 2022

Following the 9th author’s meeting held on 20 January 2022, this article distils the thoughts of eight participants on the important topic on digitisation of customs processes. They examine today’s trends and discuss what the future holds.

Tech
compliance
Knowledge
Overviews and comments

Overviews and comments

PEM Convention: application of the new rules of origin in the machinery sector

PEM Convention: application of the new rules of origin in the machinery sector

Thomas Woodtli
Thomas Woodtli
11 Feb 2022

As of September 1st, 2021, there are new rules of origin in the European structure of the Pan-Euro-Mediterranean (PEM) Convention that apply in parallel to the previous rules of origin as part of a transitional phase. They are called 'transitional rules'. The new rules of origin provide breathing space in...

law
origin
Overviews and comments
Implementation of Common Transit and NCTS: Ukrainian realities and challenges

Implementation of Common Transit and NCTS: Ukrainian realities and challenges

Roman Kril
11 Feb 2022

The article analyses EU policies on the extension of Common Transit and the New Computerized Transit System (NCTS) to associated countries given the case of Ukraine. The decision on accepting Ukraine to join the Convention on Common Transit may be expected in 2022. Otherwise, considering the EU plans to complete...

clearance process
law
Overviews and comments
Entry of the previous document in the customs declaration

Entry of the previous document in the customs declaration

Laura Maleckienė
Laura Maleckienė
23 Feb 2022

The previous document shall be entered in box 40 of the customs declaration or in the data element (2/1). The correct declaration of these data is particularly important in the case of customs procedures such as transit, customs warehousing, temporary admission, inward processing. According to the information provided in this...

clearance process
Overviews and comments
Entry of documents and additional information in the customs declaration

Entry of documents and additional information in the customs declaration

Laura Maleckienė
Laura Maleckienė
23 Feb 2022

One of the most important boxes of the customs declaration is the 44 (relevant data elements ‘Additional information (2/2)’, ‘Documents produced, certificates and authorisations, additional references (2/3)’ and others), which contains the documents based on which the customs declaration is completed. It also indicates certificates, permits, and other information that...

clearance process
Overviews and comments
Non-government controlled territories and free trade agreements

Non-government controlled territories and free trade agreements

Omer Wagner
Omer Wagner
28 Feb 2022

As is well known, the war started by Russia in Ukraine affects a wide range of areas, both security and economic. It may also affect aspects related to imports and exports between Israel and Ukraine, which have signed a free trade agreement (FTA) in 2019. The reminder on that comes...

origin
Overviews and comments
Customs issues related to trade in purported forced labor

Customs issues related to trade in purported forced labor

Ira Reese
Ira Reese
03 Mar 2022

While many countries of the world find it morally correct to act regarding the importation of forced labor products, in the case of Xinjiang cotton the actions will be very difficult to achieve. Countries may enact “feel good” laws forbidding importation of such products and international bodies can develop guidelines...

restrictions
origin
Overviews and comments
Sanctions: peace, security and human rights

Sanctions: peace, security and human rights

Enrika Naujokė
Enrika Naujokė
06 Mar 2022

How to stop the war in Ukraine? Countries apply sanctions. Canada cut Russia and Belarus from the Most-Favoured-Nation Tariff treatment. In just one day, the EU released nine decisions and regulations concerning restrictive measures against Russia. Customs in Lithuania extended controls to check whether sanctioned banks were not used for...

restrictions
Overviews and comments
Phytosanitary, veterinary and sanitary import controls in various countries

Phytosanitary, veterinary and sanitary import controls in various countries

Dinesh Unadkat
Dinesh Unadkat
20 Mar 2022

Any state that allows animals, plants or products of animal and plant origin to enter its territory shall establish additional measures aimed at protecting people, animals and plants from infection, pests and diseases. Having a similar purpose, these measures differ depending on the country of their application. The article offers...

restrictions
Overviews and comments
Retrospective termination of the export procedure in the EU

Retrospective termination of the export procedure in the EU

Patrick Nieveler
Patrick Nieveler
20 Mar 2022

Retrospective termination of the export procedure due to Brexit: different formalities of the EU member states using the example of Lithuania and Germany. In this article, we would like to address a topic that is not entirely new but which is still frequently invoked and raises many questions. In particular,...

clearance process
Overviews and comments
Changes in nature of transaction codes

Changes in nature of transaction codes

Aivaras Kasperas
Aivaras Kasperas
20 Mar 2022

As of January 1st this year, the corresponding changes made by the European Commission in regard to the nature of transaction codes (see new codes in the Annex below) provided in the data element ‘Nature of transaction (8/5)’ of the customs declaration have affected many businesses, and many of them...

clearance process
Overviews and comments
War: How does it highlight the role of a customs specialist, and related challenges?

War: How does it highlight the role of a customs specialist, and related challenges?

27 Mar 2022

The war in Ukraine and all the wars and armed conflicts happening around the world highlight the role of customs and customs specialists, especially as it regards compliance with restrictions and prohibitions. Customs specialists must be not only active, but also proactive, so that bad hands do not get access...

restrictions
compliance
Overviews and comments
Import into the EU: peculiarities of the end-use procedure

Import into the EU: peculiarities of the end-use procedure

Alina Budrikienė
Alina Budrikienė
27 Mar 2022

The end-use customs procedure can offer the benefit of an import duty relief when the goods are imported for a specific use, or it might be the only option to import certain goods. Let's look at the specifics of this procedure by answering the reader's question about the conditions for...

clearance process
restrictions
Overviews and comments

EU law

EU law news: February/March 2022

EU law news: February/March 2022

27 Mar 2022

News in week 12: a guidance Q&A document on EU's restrictive measures to respond to Russian aggression in Ukraine published; definitive anti-dumping duty on imports of calcium silicon originating in China; definitive countervailing and anti-dumping duties on imports of optical fibre cables originating in China (corrections of the regulation); protective...

law
EU law

Country update

Customs clearance in UK in 2022: what could possibly go wrong?

Customs clearance in UK in 2022: what could possibly go wrong?

Jessica Yang
Jessica Yang
06 Feb 2022

Being aware of the many things that could go wrong with customs in 2022 will make you think about how to minimise risks.

clearance process
compliance
Country update
Proposed changes in Indian Customs Law: Key areas to keep an eye on!

Proposed changes in Indian Customs Law: Key areas to keep an eye on!

Bhupender Singh
Bhupender Singh
17 Feb 2022

On February 1, 2022, the Government of India announced its Union Budget for the period April 2022 to March 2023 (the ‘Budget’). While the Budget has introduced many legislative changes pertaining to Indian taxes, this article captures the key proposed changes in Indian Customs laws which can have an impact...

law
Country update
Ukraine customs-related news: February/March 2022

Ukraine customs-related news: February/March 2022

Iryna Pavlenko
Iryna Pavlenko
31 Mar 2022

CCRM Editors: Thank you to Iryna Pavlenko and Oleg Kyryievskyi from the Law firm 'First Chair Legal', who each month contribute customs-related news from Ukraine to the CCRM journal; however, not in February and March 2022. We will continue publishing the news until the trade and customs of sovereign Ukraine...

law
Country update

Career as a customs specialist

Why seek a career as a customs specialist? Interview with a Global Customs Expert

Why seek a career as a customs specialist? Interview with a Global Customs Expert

Thomas Woodtli
Thomas Woodtli
20 Feb 2022

Many people discover their profession as customs specialists by chance and realise that it is their life passion. It is not a profession one usually dreams of. But it is worthy to be dreamed of! In this series of articles, we talk to customs specialists from around the world to...

compliance
Career as a customs specialist