Customs Compliance & Risk Management
Case law
The Zes Zollner Electronic case: exploring the scope of amending customs declarations
In a recent ruling, the Court of Justice (the Court) delivered its decision in the case of Zes Zollner Electronic, addressing the issue of amending customs declarations and the consequences of failing to declare the correct quantity of goods. The case involved a Romanian company, Zes Zollner Electronic (ZZE), which declared only half of the actual quantity of goods received, resulting in a customs infringement.
Cat scratching post: is it a piece of furniture (CN 9403)?
Fertilisers, honey, car seat parts, inflatable couches, etc. These are just a few of the goods on the classification of which the Court of Justice of the European Union (CJEU) has recently ruled. In the present case, the question was whether a cat scratching post could be classified as other furniture and parts thereof (heading 9403 of the Combined Nomenclature (CN)). Or is furniture understood to mean objects intended only for human use?
The European Union’s blocking statute against extraterritorial legislation: an effective instrument for protecting the EU's economic interests?
The recent ECJ judgment (July 2023) highlights the obsolescence of the legislative framework established by the Commission in 1996. In theory, the European Union’s blocking statute makes it possible to protect European companies against laws with extraterritorial reach. However, it appears that its scope and use have not achieved the objective initially set, namely, to neutralize the effects of foreign legislation.
Overviews and comments
Rising interest on duties: increasing costs of errors in customs declarations
Those who pay their mortgages have become accustomed to paying higher interest rates. However, this applies not only to mortgages, but also to other interest and late payment charges that we may not think about in practice. For example, increased interest on customs duties, which are additionally charged by customs authorities when discrepancies are found after customs clearance.
Customs brokers: Growing importance in the US. The opposite in the EU?
The United States is strengthening the role of customs brokers as professionals by introducing a professional development requirement (which will come into force on 24 July 2023), stressing that this will help improve trade compliance and revenue protection and allow brokers to act as an additional layer of security to prevent illicit goods from entering US commerce. In the meantime, EU customs brokers fear that the EU Customs Reform and the draft new Customs Code could signal the end of their profession.
National sanctions against Russia and Belarus: Lithuania tightens controls
The enforcement of international sanctions in Lithuania continues to tighten. The new strengthened national regime entered into force on 5 June 2023. In July 2023, an additional requirement will come into force: manufacturer's declarations will be required for the transit by road through Russia or Belarus of non-dual-use goods with commodity codes corresponding to those included in the newly created national dual-use goods list. The new requirement will apply to all goods crossing Lithuanian borders, including those exported or re-exported from other EU countries.
Free zones: types and benefits for business
Free zone development differs from one country to another. Different countries use different types and concepts of free zones. In some countries, Free Zones are developed to stimulate incoming trade, as in the case of the US Foreign-Trade Zones (FTZs), while in others, such as developing countries, they exist to stimulate export-oriented trade. In this article, we overview the various types of free zones and the benefits they provide for business. Editors' note: Mark Rowbotham, the author of this article, is the author of the book "Freeports and Free Zones: Operations and Regulation in the Global Economy".
Customs valuation – the particularities of different countries
Customs valuation is one of the most problematic areas of customs, whatever the country or territory. Experts from different continents - from North and South America to Europe and Asia - confirmed this at the 16th Authors' Meeting. The following is a summary of the main conclusions of this event. The topics covered: discounts, advertising costs, “fair prices” vs transaction value, the arm’s length principle when moving stock between branches, sourcing goods from non-market economies, advance valuation rulings, etc.
Country update
Who gave you the customs agent’s licence?
Recently, in May 2023, the Israeli court upheld the customs manager's decision to suspend a customs agent for a few months. The agent appealed to court, but his petition was rejected.
Special discount, made in Israel
The State of Israel is a member of the WTO and complies with the Valuation Agreement. However, with regard to discounts, the State imposes many conditions and obstacles for a discount to be accepted, in a way that may deviate from the spirit of the Agreement.
News update
EU law news June/July 2023
News in week 30: Updated FAQs on sanctions against Russia and Belarus (11th package) concerning luxury goods, customs related matters, imports, purchase and transfer of listed goods and transit of listed goods via Russia; CJEU clarification regarding amendment of a customs declaration in case excess quantity of goods is discovered after the release of the goods; temporary trade-liberalisation measures supplementing trade concessions applicable to products from Moldova; and more updates.
Ukraine customs and trade news June/July 2023
News at a glance: Start of the use of the NСTS system for the internal transit procedure; amendment of the procedure for determining the country of origin of goods; Ukraine prepares for the start of the 5th phase of NCTS; joining the "Customs" programme; and more news!
Topic spotlight
Supplier's declaration in preferential trade: when to use it?
Global trade based on preferential treatment offers benefits to its participants. The main one is a reduction in financial costs due to the application of reduced tariff rates when the goods have a preferential origin. In other words, if a product originates in one country and is sold to another country with which there is a preferential trade agreement, the product may be subject to a reduced or even zero duty rate. However, the mere fact that the goods originate in a particular country is not enough to qualify for such benefits. The preferential origin of the goods must be proven, so that the customs authorities do not suspect any manipulation or fraud on the part of importers. Each specific preferential trade agreement sets out acceptable ways of proving the preferential origin of goods. A supplier's declaration is one of the means of proof. Let us find out what it is and when it can be used.
Customs Control Club: Opportunities and Challenges in Customs Digitalization
For the second year, students from the Department of Control and Analysis of Economic Activities at the D. A. Tsenov Academy of Economics, Svishtov, Bulgaria worked in the Customs Control Club formed at the Department. Participation in the club was voluntary, and in the second season 10 students actively participated. The work of the club was under the slogan "Customs in the digital world" and several issues were discussed such as what are the pros and cons of digitalization as a process, the level of digitalization in Customs control around the world, in the EU and Bulgaria, the opportunities for digitalization of import, export and transit processes, etc. As a result of the student's efforts, a summary essay on "Opportunities and Challenges in Customs Digitalization" was prepared.
Put yourself in the shoes of a customs auditor (and why you should) Part I
What are the objectives of a post-clearance customs audit (PCA)? What does “a desk audit” mean? What are the obligations and rights of auditees? And generally, from a business perspective, isn’t it more important to get border controls right for goods to smoothly cross the borders than to care about PCAs? If you don't know the answers, continue reading this article, which gives an overview of the principles of customs audit-based controls around the world. Understanding these will help you better understand how customs auditors think and work. This is important to be prepared for customs audits and also to develop an appropriate internal procedure for auditing your company's compliance with customs and trade regulations, which is an effective measure to prevent costly errors or to detect and correct them in a timely manner (before the customs audit).
Perspective
Competencies of a customs broker: insights from a workshop
Customs matters are complex and little known to the general public. This makes customs brokers an indispensable part of international trade, and with their knowledge they can greatly help their clients. What key competencies should customs brokers have? What additional key skills should they have? And what can we do to improve the competencies of customs brokers? These three questions were dealt with in a workshop organised by Customs Knowledge Community (CKC). Let's have an overview of the results.
Explainer
What does “trade facilitation” really mean?
With the increase in globalization and economic interdependence between countries, trade facilitation has become a critically important issue for the global economy. Consequently, trade facilitation has been addressed in all its possible meanings, in all fields and scopes, and by all institutions that are somehow linked to international trade, composing a true Tradeweb of players with specific roles and common objectives.