Customs Compliance & Risk Management

Customs Compliance & Risk Management
Journal for practitioners in Europe
August/September
2025
Issue 34
ISSN 2669-2171
August / September
Ilona Mishchenko

Editor's message

Ilona Mishchenko

Member of the Editorial Board

Dear Reader,

Recent months have once again demonstrated how swiftly the global customs and trade sector can change. Regulatory updates, tariff adjustments, new trade frameworks and sanctions measures are transforming the way businesses operate internationally. These developments highlight the growing interconnection between trade policy, environmental regulation and security concerns, as well as the need for customs practitioners to be agile, informed and proactive.

In this issue, we explore how evolving policies translate into practical challenges. Our Topic spotlight section opens with an in-depth explanation of how EU regulations are made, offering readers a clear understanding of the EU's decision-making framework. With environmental policy fast becoming a central part of customs compliance and carbon-related measures set to redefine trade operations in the coming years, we recommend reading two articles on CBAM updates: one on the critical deadlines approaching in the EU in 2026 and another on the steps importers must take now to ensure readiness in the UK by 2027.

Our contributors also explore the export of fine art and cultural goods to the European Union, shedding light on an area that is often overlooked until issues arise at the border. Meanwhile, the article on post-import price adjustments and transfer pricing navigates the complex relationship between customs valuation and international tax principles, drawing comparisons between the approaches of the US, the WCO and the EU.

The review of the EU’s revised Common Position on military goods and the discussion of customs law in international trade contracts highlight the direct impact of legal and policy shifts on daily practice.

In the Case law section, the tribunal's decision in Roseline Logistics v HMRC serves as a cautionary reminder of the importance of diligence, thorough documentation and clear contractual allocation of responsibility in the role of customs agents.

As usual, the News update section compiles recent developments across the EU, UK, US and Ukraine. In today's world, staying informed is crucial for ensuring compliance and anticipating enforcement trends.

Our Perspective section is no less forward-looking, offering analysis on AI and the future of customs tariff classification. As automation becomes more prevalent and data-driven tools transform decision-making processes, artificial intelligence is emerging as a valuable asset for customs authorities and traders.

I hope this issue will help you navigate the ongoing changes in customs and trade.

Dr Ilona Mishchenko,
Member of the Editorial Board

Read more

Case law

Roseline Logistics v HMRC: a warning on customs agent liability

Roseline Logistics v HMRC: a warning on customs agent liability

Holly Piggott
Holly Piggott
26 Aug 2025

The article below examines a recent ruling by the UK First-tier Tax Tribunal regarding liability for unpaid import VAT. The case clarifies whether customs agents are liable if they have not been formally appointed. It also clarifies when customs agents may still be held accountable for unpaid import VAT if they participate in a customs obligation violation and should reasonably have been aware of it.

taxes and tariffs
Case law

Country update

Confiscated by mistake: what it might take for an owner to get their goods back

Confiscated by mistake: what it might take for an owner to get their goods back

Omer Wagner
Omer Wagner
21 Sep 2025

A new immigrant arrived in Israel and sent more than 1,000 holy books, which he had collected since his bar mitzvah (a Jewish coming-of-age ceremony for boys), in a separate container. The books were confiscated by the Israeli customs authority, apparently because they had been declared in the container of another new immigrant. The books were delivered by customs authorities to the Israeli National Library. Years later, the citizen filed a lawsuit against the customs authorities and the National Library to retrieve the books. How will the court rule? This is discussed in the following review, as a result of a recent court ruling.

law
Country update

News update

EU customs and trade news: August 2025

EU customs and trade news: August 2025

31 Aug 2025

News in week 35: EU tariff reductions to implement EU-US deal; anti-dumping proceeding concerning imports of pea protein; Commission report on the challenges faced by customs in product compliance; ICS2 Release 3 transition completed with temporary derogations.

law
News update
UK customs and trade news: August 2025

UK customs and trade news: August 2025

31 Aug 2025

News in brief: rules of origin under the Developing Countries Trading Scheme updated; progress in UK-Japan, UK-Korea, UK-CARIFORUM trade relations; tariff notices updated; preferential treatment of goods from Israeli settlements updated; Temporary Admission Customs Technical Handbook issued; new versions of the Tariff of the United Kingdom, Suspensions of Import Duty Rates, Authorised Use documets published; new notices to exporters issued; new anti-dumping measure on Chinese biodiesel proposed; and others.

law
News update
US customs tariff news: August 2025

US customs tariff news: August 2025

31 Aug 2025

News in brief: further changes in the reciprocal tariff rates for certain countries; joint statement on a US-EU Framework Agreement; removal of the de minimis exemption effective from 29 August 2025; additional duties on goods originating in India; further changes in reciprocal tariff rates on Chinese products; increased tariff on Canada’s goods effective from 1 August 2025; 407 HTSUS codes added to steel and aluminium derivatives list; and other updates.

taxes and tariffs
News update
EU customs and trade news: September 2025

EU customs and trade news: September 2025

28 Sep 2025

News in week 39: US implements reduced tariffs on certain EU products; EU and Indonesia conclude negotiations on a free trade agreement; EU and Moldova agree to broaden customs duty reductions; EU suspends tariff preferences granted to certain GSP beneficiary countries; Commission acts against unfairly traded imports of flat hot-rolled steel products, and glyoxylic acid; EU Sanctions Helpdesk - online workshop on common compliance pitfalls; termination of the EU–Cameroon agreement on timber trade (FLEGT); VAT in the Digital Age - implementation strategy to support businesses; and more updates.

law
News update
UK customs and trade news: September 2025

UK customs and trade news: September 2025

05 Oct 2025

News in brief: new versions of the Tariff of the UK and other duty-related documents published; trade remedies notices updated; end-user and stockist undertaking form updated; notice on nuclear materials import licensing arrangements updated; international trade relations progress and other updates.

law
News update
US customs tariff news: September 2025

US customs tariff news: September 2025

05 Oct 2025

News in brief: the scope of reciprocal tariffs modified; certain steps to implement US-EU and US-Japan trade framework agreements taken; Section 232 tariffs on imports of timber, lumber, and their derivative products imposed; and other updates.

taxes and tariffs
News update
Ukraine customs and trade news: August / September 2025

Ukraine customs and trade news: August / September 2025

05 Oct 2025

News in brief: the draft of Ukraine's new Customs Code approved and presented to European Commission experts; export duty on soybeans and rapeseed or colza seeds introduced; new list of documents for official controls approved; updates on the implmentation of NCTS Phase 6 system; and other news.

law
News update

Topic spotlight

CBAM: critical deadlines to ensure import readiness in 2026

CBAM: critical deadlines to ensure import readiness in 2026

Jan-Joost den Brinker
Jan-Joost den Brinker
23 Jul 2025

EU Carbon Border Adjustment Mechanism (CBAM) implementation is approaching several key deadlines – if you are importing CBAM goods, now is the time to register as an Authorised Declarant. It is also important to plan for the costs, as payments for the certificates will begin in the fast-approaching year 2026. These and other important aspects are discussed in this interview.

sustainability
Topic spotlight
How regulations are made in the European Union

How regulations are made in the European Union

Michael Lux
Michael Lux
17 Aug 2025

Legislation in the European Union (EU) is created through different legal processes which are largely unknown to the public. This article describes the standard processes for adopting regulations in the customs area. Basic acts (such as the Union Customs Code) are adopted by the European Parliament and the Council as co-legislators, whereas delegated and implementing acts are adopted, under different procedures, by the Commission based on an empowerment in the relevant basic act. Finally, this article explains the principles of "Better Regulation" designed to raise the standard of EU law.

Topic spotlight
The EU revises the Common Position on military goods

The EU revises the Common Position on military goods

Sabine van Osenbrüggen
Sabine van Osenbrüggen
10 Sep 2025

Military goods are not just weapons or defence equipment - they can also include everyday items such as drones, hybrid vehicles, and vehicle parts if adapted for military use. Understanding these rules is essential for many stakeholders in international trade. This article outlines the new Council Decision (CFSP) 2025/779, adopted on 14 April 2025, which updates the Common Position governing the export of military technology and equipment.

restrictions
Topic spotlight
UK CBAM: what customs professionals need to know

UK CBAM: what customs professionals need to know

Arne Mielken
Arne Mielken
17 Sep 2025

This article offers an overview of the UK Carbon Border Adjustment Mechanism (CBAM), due to be introduced in January 2027. It outlines the goods within scope, importer obligations, reporting requirements, and compliance risks, while also noting key differences from the EU CBAM. Practical insights are provided to support businesses in preparing their import processes.

sustainability
Topic spotlight
Exporting fine art and cultural goods to the European Union

Exporting fine art and cultural goods to the European Union

Holly Piggott
Holly Piggott
17 Sep 2025

On 28 June 2025, the European Union activated the Import of Cultural Goods (ICG) system, a centralised electronic platform for lodging and processing import licences and importer statements. This marks the full implementation of Regulation (EU) 2019/880 and Implementing Regulation (EU) 2021/1079. For customs practitioners, this change means that imports of fine art, antiquities, and other cultural goods now require new documentation, new procedures, and closer risk management at the EU border.

clearance process
taxes and tariffs
restrictions
Topic spotlight
Post-import price adjustments and transfer pricing: US, WCO and EU perspectives

Post-import price adjustments and transfer pricing: US, WCO and EU perspectives

Mark K. Neville, Jr.
Mark K. Neville, Jr.
21 Sep 2025

One of the most pressing questions in customs valuation arises in situations where prices have not been fixed at the time of sale or at the time of importation, but are instead subject to the possibility of a post-importation determination by means of adjustments made under a formula. A more precise question is whether such provisional or formula-based prices can be accepted under the transaction value method. What if the situation concerns related parties? This article seeks to answer these questions by examining US, WCO and EU legal developments.

valuation
Topic spotlight
Customs law and international trade contracts

Customs law and international trade contracts

07 Oct 2025

This article summarises contributions from the 29th Authors' Meeting, which focused on the intersection of customs law and international trade contracts. The authors examine the impact of contractual terms, Incoterms®, export control clauses, and emerging regulatory developments on compliance obligations and risk management in global trade.

law
compliance
Topic spotlight

Perspective

AI and the future of customs tariff classification

AI and the future of customs tariff classification

Martin Pay
Martin Pay
28 Sep 2025

Artificial intelligence is not just a far-off idea; it is already changing the way that global trade is conducted. This is nowhere more apparent than in the tariff classification, where the intricacy of regulations, volume of data, and requirement for accuracy provide the ideal conditions for artificial intelligence to have a revolutionary effect. The focus of today's talks is not on whether AI will be used, but rather on how companies and customs officials can strategically use its two most potent methodologies: generative and discriminative AI. The distinction between these two is discussed in this article along with how they can aid in tariff classification.

classification
Tech
Perspective