Customs Compliance & Risk Management

Customs Compliance & Risk Management
Journal for practitioners in Europe
December/January
2024-2025
Issue 30
ISSN 2669-2171
December 2024 / January 2025
Enrika Naujokė

Editor's message

Enrika Naujokė

Member of the Editorial Board

Dear Reader,

All eyes are on the US, and it’s all about new regulation (tariffs) and deregulation (E. Musk and DOGE). We invite you to follow updates on US tariffs in our customs and trade news, while deregulation, a topic I would nominate as the theme of 2025, deserves special attention. This is particularly relevant for the EU, especially considering the words Ericsson's CEO said in Davos (World Economic Forum). He remarked that the focus on regulation is driving Europe into irrelevance. He believes it is on its way to becoming a museum: great food, great architecture, great scenery and great wine, but no more industry.

The United Kingdom is facing similar challenges. As The Economist highlights in its article series ‘The Revolt Against Regulation’: "In 2010, Britain set up an Office of Tax Simplification, which stood by helplessly as the tax code expanded. In 2023, the government abolished not all its byzantine tax rules, but the OTS."

How can we address the proliferation of rules? We believe that the most pragmatic approach is to pursue technological solutions, foster innovation, and, most crucially, ensure action and implementation. Regarding implementation, in addition to the sheer increase in regulations, we should also acknowledge the widening gap between regulation and its practical execution as a significant problem.

Someone once said that the flood of e-commerce is so overwhelming (for customs) that every small innovation matters. The same applies to regulation. We should begin with small but swift steps, such as the structural reform plans introduced by Javier Milei, the President of Argentina, who claims to have already taken 800 steps to cut red tape. Furthermore, we should not wait for the EU or other governments to act; anyone can take the initiative, including companies, authorities and policymakers, as demonstrated in our article “On the benefits of AI for society and a use case in customs”.

We invite you to explore the articles in this issue, particularly from the perspective of reducing red tape. Has the recent CJEU judgment in the Harley-Davidson case helped facilitate the application of non-preferential origin rules? Should the UK join the PEM Convention to simplify bureaucracy in international trade? And what about US laws with extraterritorial effect? These are just a few questions to consider while reading this issue, leading one to wonder whether the ‘rule of law’ has been lost somewhere in the corridors of bureaucracy, where regulations continue to multiply unchecked. (For context, US federal regulations now exceed 180,000 pages, up from 20,000 in the early 1960s; in the past five years alone, the European Parliament has passed more than twice as many laws as the US.)

Ultimately, behind every rule and every technology, there is human intent. Our focus should be on enhancing human intelligence to create better regulations, ensure high-quality implementation and address the many challenges ahead. We hope that the CCRM contributes to the growing professionalism in customs.

Enjoy your reading!

Enrika Naujoke
Member of the Editorial Board

Read more

Case law

Confiscation of third-party goods in case of unintentional customs infringement: CJEU interpretation

Confiscation of third-party goods in case of unintentional customs infringement: CJEU interpretation

Ilona Mishchenko
Ilona Mishchenko
09 Jan 2025

Nobody likes to be penalised - whether you are an importer, a customs broker, or just a driver taking goods across the border. The penalty is a negative consequence for any person who has committed the offence. It is clear when a person deliberately does something illegal to benefit from it. But what about those who do not intend to break the law but do so inadvertently? Do the negative consequences only affect the person who directly committed the offence? This article seeks to answer these and other questions about the penalties for customs offences in the EU.

law
Case law
Implications of the latest Harley-Davidson ruling

Implications of the latest Harley-Davidson ruling

Anna Jerzewska
Anna Jerzewska
02 Feb 2025

It is no secret that non-preferential origin can actually be more difficult to determine than preferential origin. The importance of non-preferential origin, in the age of new trade wars and border-applied sustainability policies is increasing. For that reason, the recent judgement by the Court of Justice of the European Union (CJEU) in the Harley-Davidson Europe and Neovia Logistics Services International v. Commission case is particularly interesting.

law
origin
Case law

Country update

A wild goose chase: on the Israeli 'passing-on' condition when claiming a duty refund

A wild goose chase: on the Israeli 'passing-on' condition when claiming a duty refund

Omer Wagner
Omer Wagner
29 Dec 2024

Overpayment of customs duties or other import duties can be a major burden for importers. There can be various reasons for overpayments, e.g. disputes over classification, valuation, origin, etc. Reclaiming these duties from customs authority can be a lengthy and expensive process. The outcome is, of course, unpredictable. In Israel, there is an additional obstacle between the importer and the refund, the so-called ‘passing-on’ condition. This is not unique to Israel, but does not exist in the EU.

taxes and tariffs
Country update
Should the UK rejoin PEM?

Should the UK rejoin PEM?

Anna Jerzewska
Anna Jerzewska
12 Jan 2025

Whenever the topic of the Trade and Cooperation Agreement (TCA) review comes up, the Pan-European Mediterranean (PEM) origin cumulation zone is one of the topics mentioned as potentially in scope. Recently, several reports and organizations have included rejoining PEM as one of the recommendations for the new Government. Rejoining PEM is indeed one of the steps that could improve market access for products from all industries that could be done within the current format of the TCA. It could also be done without changing the essential character of the relationships, i.e. one based on a simple and fairly basic trade agreement.

origin
Country update

News update

EU customs and trade news: December 2024

EU customs and trade news: December 2024

29 Dec 2024

News in weeks 51 and 52: 15th package of restrictive measures against Russia and Belarus; Interim Agreement on trade between the EU and Chile; Georgia to join the Common Transit Convention; preparation for the entry into force of the Revised PEM Convention on 1 January 2025; CBAM upcoming changes at the beginning of 2025; EUDR application postponed by 12 months; new EU rules on sustainable packaging; CJEU on the interpretation of the Article 15 and Article 42(1) and (2) of the UCC; classification of facial wipes packaged for retail sale, unfilled seating bag (so-called beanbag) and hard metal sticks made of cermets; suspension of the Common Customs Tariff duties on certain products; amendments to autonomous tariff quotas; review of steel safeguard to protect EU steel industry; safeguard investigation into imports of alloys; anti-dumping duty on seamless pipes and tubes; definitive anti-dumping duty on optical fibre cables; and more news!

law
News update
UK customs and trade news: December 2024

UK customs and trade news: December 2024

02 Jan 2025

News in brief: UK joins CPTPP; the General Product Safety Regulation and impact on Northern Ireland; Geographical indications for 39 British food and drink products in Japan; UK Tariff 2025; countries eligible for approved exporter status; the Customs (Tariff and Miscellaneous Amendments) No. 3 and No. 4; preparations for the end of the safety and security declarations waiver; notice to exporters 2024/30; Belarus sanctions; trade remedies notices and tariff notices.

law
News update
EU customs and trade news: January 2025

EU customs and trade news: January 2025

02 Feb 2025

News in week 5: the US launches a trade war by imposing tariffs on Mexican, Canadian and Chinese goods, and Canada announces tariffs of 25% on US goods; EU plans to impose additional tariffs on agricultural products and fertilisers from Russia and Belarus; imports of screws without heads subject to registration; amendments to the anti-dumping exemptions for certain bicycle parts; changes to tariff quotas following the EU-Chile ITA; amendment of the Convention on a common transit procedure; Georgia accedes to two Conventions; amendments to the Explanatory notes to the Combined Nomenclature; CJEU on classification of a four-wheel vehicle with an electric motor, which has one seat; and more updates!

law
News update
Ukraine customs and trade news: December 2024/January 2025

Ukraine customs and trade news: December 2024/January 2025

09 Feb 2025

News at a glance: revised PEM Convention entered into force; lists of goods subject to licensing and quotas approved for 2025; rules for importing goods subject to official controls updated; state control of non-food products resumed; Import duty exemptions for defence-related goods; gradual annual increases in excise duties on fuels; priority border crossing for AEOs.

law
News update
UK customs and trade news: January 2025

UK customs and trade news: January 2025

09 Feb 2025

News in brief: tariff notices; preparation for upcoming changes under the Windsor Framework; trade remedies notices; end of the Modernising Authorisations project; Russian sanctions evasion; safety and security declaration requirements for importing goods from the EU; first Customs Technical Handbooks have been published.

law
News update

Topic spotlight

What is new in the Combined Nomenclature 2025?

What is new in the Combined Nomenclature 2025?

Eglė Pučkuvienė
Eglė Pučkuvienė
22 Dec 2024

Editor's note (by Enrika Naujoke). Want to have fun? Try explaining various aspects of product classification to programmers who are to integrate it into software. For example, the latest update regarding tomatoes with “greatest diameter of less than 47 mm”. Yes, the tariff depends on classification based on “greatest of less” wording! Let us know how you get on. We hope that reading the Combined Nomenclature updates from the perspective of this exercise will be interesting and engaging.

classification
Topic spotlight
From textiles to motor vehicles: a sectoral study of rules of origin complexity

From textiles to motor vehicles: a sectoral study of rules of origin complexity

Guillaume Gerout
Guillaume Gerout
29 Dec 2024

In their recent report, the World Customs Organization (WCO) proposed a new methodology for classifying and comparing product-specific rules of origin between agreements. This new conceptual tool: the "drafting complexity index" (DCI) was used to provide insights into rules for automotive and textile sectors.

origin
Topic spotlight
Criterion of financial solvency for the reduction or waiver of a comprehensive guarantee

Criterion of financial solvency for the reduction or waiver of a comprehensive guarantee

Michael Lux
Michael Lux
14 Jan 2025

This article deals with legal changes in relation to the criterion of financial solvency that were introduced in 2018 but have not yet been noticed by many traders and taken into account by some customs authorities. These changes allow for a more flexible approach to the assessment of economic operators' financial solvency when authorisations for a reduction or waiver of a comprehensive guarantee are requested or to be maintained.

compliance
Topic spotlight
Don't let this happen to you! US export control law and re-export from the EU

Don't let this happen to you! US export control law and re-export from the EU

Sabine van Osenbrüggen
Sabine van Osenbrüggen
14 Jan 2025

The American export control authority, the Bureau of Industry and Security, has published an updated version of “Don't let this happen to you!” - an introduction to the consequences of violating US export control law. As a European company, you may wonder why this should concern you. This is due to the unique nature of US export control laws, which apply extraterritorially. In this overview, we provide a brief summary of some important aspects and practical examples of infringements.

restrictions
Topic spotlight
The evolving nature of European efforts to control third countries' support for Russia's military-industrial base

The evolving nature of European efforts to control third countries' support for Russia's military-industrial base

Christelle Dubouchet
Christelle Dubouchet
26 Jan 2025

The use of sanctions and export controls as a strategic tool to ensure global security has gained prominence in the face of geopolitical shifts. Recent developments highlight the European Union’s (EU) efforts to tighten restrictions on dual-use goods and advanced technology items through its anti-circumvention legal tools. This was particularly in response to China's and other third countries' alleged support for Russia's military-industrial base. This article outlines the key focus areas in the EU's evolving export controls and other measures in light of the 15th sanctions package adopted in December 2024.

restrictions
Topic spotlight
Trusted traders (e.g. AEO): new trends and developments in the EU

Trusted traders (e.g. AEO): new trends and developments in the EU

09 Feb 2025

The 25th Authors' Meeting brought together customs experts from different countries to discuss challenges and trends in Authorised Economic Operator (AEO) and equivalent programmes. This article deals with the main findings of the meeting participants, covering both general and country-specific contributions to the topic, with an emphasis on the EU context.

other
Topic spotlight

Perspective

On the benefits of AI for society and a use case in customs

On the benefits of AI for society and a use case in customs

Enrika Naujokė
Enrika Naujokė
05 Jan 2025

"Happy New Year!" I started a conversation with an AI assistant on the Customs website. "Happy New Year! If you have any questions about customs rules or procedures, I will be happy to help" it replied. On the last day of 2024, Lithuanian Customs in cooperation with CustomsClear, deployed the AI assistant solution for public use. It is now available to visitors of the Lithuanian Customs website at www.lrmuitine.lt. So far, it covers one topic relevant to the festive period: e-commerce. The number of topics will increase in the future.

Tech
Perspective
The long and winding road: pursuing a bad trade decision by a customs officer in the United States

The long and winding road: pursuing a bad trade decision by a customs officer in the United States

Ira Reese
Ira Reese
23 Jan 2025

In the US, the law allows an importer to contest adverse decisions on their customs entries for a number of reasons including differences in appraised value, classification and rate of duty, exclusion from entry and refusal to pay a drawback claim. Anyone who either advises importers or directly pursues what they believe have been incorrect trade decisions made by U.S. Customs and Protection (CBP) knows that the processes can not only be frustrating but also prohibitively expensive.

law
Perspective