Customs Compliance & Risk Management

Customs Compliance & Risk Management
Journal for practitioners in Europe
December/January
2020-2021
Issue 6
ISSN 2669-2171
December 2020 / January 2021
Prof Dr Borys Kormych

Editor's message

Prof Dr Borys Kormych

Member of the Editorial Board

Dear Readers,

This is the sixth edition of the Journal of Customs Compliance and Risk Management.

Without any doubt we can say that Brexit became the most challenging event for many customs practitioners at the very beginning of 2021. Brexit deal introduced a completely different reality for many businesses’ supply chains and related customs procedures. Current CCRM issue offers a series of original articles focused on trade and customs consequences of Brexit. To be specific, Jessica Yang addresses the problems that may arise for businesses with distribution centre models. Enrika Naujoke reviews the rules of origin according to EU-UK FTA, proper paperwork needed to enjoy respective tariff concessions and to obtain Exporter Reference Numbers. Last not least, leading practitioners of Muita UAB analyze the unique position of Northern Ireland with respect to possible application of customs laws after Brexit.

However, despite the sensitivity of post-Brexit trade issues, there are many other topics of sustaining interest of customs sector. One of such specific topics is a customs valuation, which stays for decades topical for both customs administrations and traders. To that end Monika Bielskiene shares her insights on recent CJEU judgments on transfer pricing.

Regardless how good is a professional in his or her field the concept of learning through life remains an integral part of modern labor market. Therefore, reliable sources on customs law are essential not only for students or scholars, but also for customs practitioners. In this regard, the CCRM launched an exceptional, in my opinion, project “Interview with The Author of The Book”. This issue presents a series of such interviews, in which the authors of books on customs topics from various countries share some details about writing and publishing. Some interviews have not only text, but also video format, which makes them even more interesting. 

I sincerely hope you enjoy this CCRM issue.

Dr. Borys Kormych
Member of the Editorial Board

Read more

Knowledge

Import tax: interview with the author of the book (Brazil)

Import tax: interview with the author of the book (Brazil)

Roberto Raya da Silva
Roberto Raya da Silva
17 Dec 2020

In the interview, Mr. Solon shares his insights on teaching law to future students, overviews customs law changes in the course of the past decades in Brazil, shares his experience about the process of writing a book, tells about the book "Import Tax" and more! Read the interview and/ or...

compliance
Knowledge
Legal Regulation of Customs Duties: Interview with the Author of the Book (Lithuania)

Legal Regulation of Customs Duties: Interview with the Author of the Book (Lithuania)

Michael Schlosser
Michael Schlosser
17 Dec 2020

In the interview, Mr. Valantiejus shares the main idea of the book "Legal Regulation of Customs Duties", points out customs-related insights relevant for customs practitioners, reveals which book on customs subject is his favorite, and more! Read the interview and/ or watch the video. Please find the summary of the...

compliance
Knowledge
Guide to customs procedures: interview with the author of the book (France)

Guide to customs procedures: interview with the author of the book (France)

Evguenia Dereviankine
Evguenia Dereviankine
22 Dec 2020

“Guide des procedures douanières” (available in French), written by Cyrille CHATAIL, is a compilation of articles that are constantly updated. It is a kind of encyclopedia of EU customs regulation and its interpretation given by authorities, courts, practitioners, etc. The great advantage of this book is that it “moves” together...

compliance
Knowledge
Customs regimes in Ukraine: co-author about the book

Customs regimes in Ukraine: co-author about the book

Ilona Mishchenko
Ilona Mishchenko
22 Dec 2020

In the book "Customs Regimes in Ukraine" disparate provisions of the legislation - the Customs Code, the Tax Code, numerous regulations - are brought together. This simplifies the perception and understanding of how customs formalities are carried out in a particular customs regime. Read the author's talk or watch the...

compliance
Knowledge
Customs law: interview with the co-author of the book (Colombia)

Customs law: interview with the co-author of the book (Colombia)

Erika Besusparienė
Erika Besusparienė
28 Dec 2020

Juan David Barbosa is the author of the Tariff Classification chapter included in the global compilation on comparative customs law through the lenses of 50 authors from 11 countries in Latin America and Europe (available in Spanish). The chapter provides insightful practical advice on how to handle the WCO Harmonized...

compliance
Knowledge
3rd Customs Practitioners Conference: there is no good supply chain without good customs!

3rd Customs Practitioners Conference: there is no good supply chain without good customs!

Muitinės praktikų asociacija
Muitinės praktikų asociacija
22 Jan 2021

The 3rd Customs Practitioners conference (national conference in Lithuania) was held on 10 December 2020 under the slogan: "There is no good supply chain without good customs!". We provide an overview of the presentations, which covered international, EU and national legislation, Brexit, preferential origin of goods, import/ export VAT and...

compliance
Knowledge
Interesting
Global trade and customs – a journey around the world of customs

Global trade and customs – a journey around the world of customs

Karlis Ketners
Karlis Ketners
22 Jan 2021

Highlights from the Global Trade and Customs book: different cultural approaches to litigation; import VAT/GST in countries with multi-level VAT/GST systems; customs value and transfer pricing. The editor of the book Zsolt Szatmári also reveals challenges of a multi-jurisdictional comparative study. Dr. Karlis Ketners shares the reader‘s perspective.

compliance
Knowledge

Q&A

Unique situation of Northern Ireland: UK and EU Customs law applies

Unique situation of Northern Ireland: UK and EU Customs law applies

Muita UAB
Muita UAB
29 Dec 2020

Reader's questions: Does Northern Ireland belong (as of 1 January 2021) to two customs territories: the United Kingdom and the European Union? What customs formalities apply to the movement of goods from the EU to Northern Ireland and vice versa? What about zero tariffs and preferential origin of goods?

law
Q&A
EU - UK trade

Case law

Focus of the CJEU: exclusive distribution compensation and customs value

Focus of the CJEU: exclusive distribution compensation and customs value

Monika Bielskienė
Monika Bielskienė
06 Jan 2021

Court of Justice of the European Union (CJEU) took another decision regarding customs valuation and adjustment of transaction value. In this decision CJEU analysed legal importance of compensation paid for the right to exclusively distribute goods. CJEU concluded that such compensation was the condition of sale and thus must be...

valuation
Case law

Overviews and comments

EU-UK trade agreement: no customs duties on originating goods

EU-UK trade agreement: no customs duties on originating goods

Enrika Naujokė
Enrika Naujokė
27 Dec 2020

On 24 December 2020 European Commission announced that an agreement with the United Kingdom on the terms of future cooperation was reached. The EU-UK Trade and Cooperation Agreement shall be provisionally applied as of 1 January 2021. It provides for zero tariffs and zero quotas on all goods that comply...

taxes and tariffs
origin
Overviews and comments
EU - UK trade
EU-UK FTA: What is exporter reference No? (Part I)

EU-UK FTA: What is exporter reference No? (Part I)

Enrika Naujokė
Enrika Naujokė
28 Dec 2020

Zero duties in the EU-UK trade will apply only to originating products. In most cases the proof of origin will be the statement on origin made out by the exporter in a commercial document. Reader’s questions: „There is an Exporter Reference Number indicated in the form of the statement on...

origin
Overviews and comments
EU - UK trade
EU-UK FTA: What is exporter reference No? (Part II)

EU-UK FTA: What is exporter reference No? (Part II)

Enrika Naujokė
Enrika Naujokė
02 Jan 2021

We overviewed the EU requirements for an EU exporter to get the Exporter Reference Number to include in the statement on origin (in Part I) and continue answering these questions: What is the Exporter Reference Number of the UK exporter? Who may act as an EU/UK exporter? What is a...

origin
Overviews and comments
EU - UK trade
Diagonal cumulation as a new reprocessing trend in Ukraine

Diagonal cumulation as a new reprocessing trend in Ukraine

Oleg Kyryievskyi
Oleg Kyryievskyi
14 Jan 2021

2020 has presented a new possibility for the trade with Ukraine – cumulation. Cumulation is one of the rules of origin, provided by the Regional Pan-Euro-Med Convention. This rule applies, when two or more countries have identical rules of origin and trade agreements between each other. This possibility as well...

origin
Overviews and comments
Tariff classification of protective textile face masks

Tariff classification of protective textile face masks

Virginija Dordzikienė
Virginija Dordzikienė
20 Jan 2021

In view of the continuing spread of the virus that causes the COVID-19 pandemic, the demand for and imports of protective equipment in the EU Member States has increased and continues to increase, increasing the workload of both customs brokers and customs. In order to facilitate and speed up the...

classification
Overviews and comments
Application of customs duties to the international trade between the EU and Russian Federation: lessons from the practice of recent WTO disputes

Application of customs duties to the international trade between the EU and Russian Federation: lessons from the practice of recent WTO disputes

Gediminas Valantiejus
Gediminas Valantiejus
28 Jan 2021

At present, the Russian Federation is the third most important trading partner for the European Union (EU) in terms of international trade in goods and the EU is the most important trading partner for the Russian Federation. In addition, starting from 2012, the Russian Federation is also a member of...

taxes and tariffs
other
Overviews and comments

News

EU law news: December 2020

EU law news: December 2020

26 Dec 2020

News 29 Nov - 26 Dec 2020. Brexit: EU-UK Trade and Cooperation Agreement, entry summary declarations and pre-departure declarations, controls at the border control post of products of animal origin, General Export Authorisation for the export of certain dual-use items, tariff rate quotas and other import quotas, Union preferential trade...

law
News
EU law
EU law news: January 2021

EU law news: January 2021

30 Jan 2021

News: International Customs Day 2021; complementary amendments to the HS Nomenclature 2022; EU authorisation mechanism for exports of COVID-19 vaccines; EU-UK trade: Trade and Cooperation Agreement, regulations on the making out of statements on origin for preferential exports to the UK and on the determination of goods not at risk;...

law
News
EU law

EU - UK trade

EU-UK trade: customs duty impact on distribution centre models

EU-UK trade: customs duty impact on distribution centre models

Jessica Yang
Jessica Yang
05 Jan 2021

What does the EU-UK TCA mean for businesses that sell finished goods of EU origin to EU customers from the UK, and vice versa? This article addresses questions increasingly asked by businesses with distribution centre models. Specifically, questions relating to how to mitigate customs duty when trading originating goods between...

taxes and tariffs
origin
EU - UK trade
Rules of origin: the case of the Irish bread industry (EU-UK trade)

Rules of origin: the case of the Irish bread industry (EU-UK trade)

David Savage
David Savage
27 Jan 2021

After months of wrangling the EU and the UK agreed upon the Trade and Cooperation Agreement (TCA) on the 24th of December 2020. This trade agreement came as a huge relief to most traders and businesses who have exposure to the EU/UK supply chain. However, it was not long before...

taxes and tariffs
origin
EU - UK trade