Customs Compliance & Risk Management

Customs Compliance & Risk Management
2022
August/September
Journal for practitioners in Europe
Issue 16
ISSN 2669-2171
August / September 2022
Samuel Draginich

Editor's message

Samuel Draginich

Member of the Editorial Board

Dear Reader,

Welcome to CCRM Issue 16 for August/September 2022. In this issue you’ll find a return to fundamentals: a keen focus on compliance and risk management. It’s easy to diverge into disparate topics – and we should, to broaden our knowledge base – but it is crucial to never lose focus on the core topics. 

As we approach choppy economic waters now more than ever should businesses ensure their compliance programs are buttoned down. Risk of violations, which attracts enormous fines, may be more easily absorbed when times are good but when times are difficult every cent matters. Avoid unnecessary costs by being compliant. Additionally, as compliance practitioners we must remain aware we do not normally generate revenue for our employers – oftentimes we’re seen as an expensive – thus we must focus on robust solutions that utilize current resources. Do more with less, as the saying goes. 

Major topics covered in this issue include biggest compliance challenges faced in companies, managing compliance with the minefield of customs rules on the books, and customs-competent staffing. In the previous issue (15) there was an article ‘Financial consequences of indirect customs representation mode in the EU’ which provides a perspective from France; in this issue we provide the same case but from the perspective of the Netherlands. As compliance practitioners it is crucial we understand how compliance issues are viewed by different governments – the concept of national perception is important when creating country-specific compliance programs. 

We sincerely hope you enjoy the content of this issue. We’re always interested in contributions from other compliance practitioners, if you would like to get involved, please don’t hesitate to reach out to info@lcpa.lt  

Best regards,
Sam Draginich
Member of Editorial Board
Senior Trade Compliance Manager, EMEA, Amazon EU

Read more

Knowledge

Customs-competent staff: nice to have or a must?

Customs-competent staff: nice to have or a must?

Assoc Prof Dr Momchil Antov
Assoc Prof Dr Momchil Antov
02 Oct 2022

Customs compliance is full of challenges and ‘surprises’ from counterparties, customs brokers, carriers and other persons involved. Unpredictable risks and conditions are the inevitable companions of international trade. However, there are many areas where companies might keep most of the risks under their control. What are these areas? What should...

compliance
Knowledge
Overviews and comments
The biggest challenges in ensuring customs compliance in a company

The biggest challenges in ensuring customs compliance in a company

09 Oct 2022

‘Compliance starts from managers’ awareness’, ‘You can want the best specialists, but you can choose only among those available and fitting into your budget’, ‘Frequent legal changes and lack of guidance introduce instability’ - these and many more aspects were highlighted by experts from various countries representing business, customs, and...

compliance
Knowledge
Overviews and comments

Q&A

Software installation and origin of goods

Software installation and origin of goods

Enrika Naujokė
Enrika Naujokė
11 Sep 2022

Reader's question: ‘We export certain devices to Ukraine. The product-specific rule is based on the value criterion. Can the value of expensive software, which was created and developed in the EU, be counted as the value of originating materials?’ To answer this question, we review various aspects of the topic,...

origin
Q&A
Overviews and comments

Case law

Alcohol turned into water in a customs warehouse: who pays the customs bill?

Alcohol turned into water in a customs warehouse: who pays the customs bill?

Jurgita Bartninkienė
Jurgita Bartninkienė
23 Aug 2022

A customs warehouse stored bottled alcohol (vodka). Customs audited the warehouse, took a sample, and found that there was water instead of vodka in the bottles! Customs ordered the warehouse to pay €308,455 customs debt (import duties and taxes, fines and interest). A dispute arose regarding who must pay the...

clearance process
taxes and tariffs
compliance
Case law
ECJ rules on liability of indirect customs representative

ECJ rules on liability of indirect customs representative

Aiki Kuldkepp
Aiki Kuldkepp
04 Sep 2022

This article looks what the ECJ decided in its recent Case C-714/20 (U.I.). In addition, the article will analyse this case in light of the previous ECJ cases on similar matters. It also touches upon the deductibility of the import VAT by the forwarders and carriers. Finally, the article looks...

clearance process
Case law
Extinction of customs debt - does it include VAT and excise?

Extinction of customs debt - does it include VAT and excise?

Jovita Dobrovalskienė
Jovita Dobrovalskienė
25 Sep 2022

Knowing how provisions of one or another customs and tax legislation are applied, protects business from financial and time losses intended for the resolution of disputes in courts. In this review of the judgement of the Court of Justice of the European Union, we draw attention to the aspects related...

clearance process
taxes and tariffs
compliance
Case law

Overviews and comments

Resolving trade disputes beyond borders: the role of the WTO

Resolving trade disputes beyond borders: the role of the WTO

Rizwan Mahmood
Rizwan Mahmood
21 Aug 2022

In international trade, the policies of the government of the trading partner such as the country of destination for exports may affect the business of a company. If a company conducting international trade believes that another member country of the World Trade Organization (WTO) is not complying with its obligations...

law
other
Overviews and comments
Targeting compliance in the minefield of customs (trade) rules

Targeting compliance in the minefield of customs (trade) rules

Samuel Draginich
Samuel Draginich
23 Aug 2022

‘I would recommend trade compliance to anyone with the ability to distil complex, rigid structures down to a practical reality. Trade compliance rules are a minefield that even the most seasoned professionals cannot confidently claim they have a complete grasp of. If you're willing to constantly be challenged and willing...

compliance
Overviews and comments
Compliance
Types of import and export declarations in the EU: have you set the code correctly? (Part)

Types of import and export declarations in the EU: have you set the code correctly? (Part)

Ingrida Kemežienė
Ingrida Kemežienė
28 Aug 2022

In the previous issue of the CCRM journal, it was overviewed what codes should be indicated in case of import or export of goods in the first subdivision of box 1 of the single administrative document (SAD). As the SAD box 1 also has a second subdivision, let's overview what...

clearance process
Overviews and comments
Customs broker’s profession: to be or not to be licensed?

Customs broker’s profession: to be or not to be licensed?

Ilona Mishchenko
Ilona Mishchenko
04 Sep 2022

This is the third article in our study of customs broker activity in different countries. The first one concerned the peculiarities of the customs broker profession in different EU countries. The second one contained insights and news not only from the EU, but also from the UK and Canada. We...

clearance process
Overviews and comments
Learning the lingua franca of international trade

Learning the lingua franca of international trade

Rizwan Mahmood
Rizwan Mahmood
11 Sep 2022

What is the language of international trade? Who should learn it? Why it is important to learn? How to use this language for international trade? What are the international themes in the development and application of this language? What are its advantages and disadvantages? How to develop the skill of...

classification
Overviews and comments

EU law

EU law news: August/September 2022

EU law news: August/September 2022

02 Oct 2022

News in week 39: new package of restrictive measures against Russia including measures to prevent circumvention; Lithuanian customs informs about cases of mis-classification of goods to circumvent sanctions, and provides numerous examples; amendment of Convention on a common transit procedure; EU and Kosovo agree to apply an alternative set of...

law
EU law

Country update

Ukraine customs and trade news: August/September 2022

Ukraine customs and trade news: August/September 2022

Iryna Pavlenko
Iryna Pavlenko
09 Oct 2022

News at a glance: amendments to the Customs Code of Ukraine; customs ‘visa-free’ regime; updating the Customs Tariff of Ukraine; termination of safeguard investigations; upgrade of the free trade agreement between Ukraine and the UK; the Digital Trade Agreement between Ukraine and Great Britain.

law
Country update