Customs Compliance & Risk Management

Customs Compliance & Risk Management
2021
February/March
Journal for practitioners in Europe
Issue 7
ISSN 2669-2171
February / March 2021
Enrika Naujokė

Editor's message

Enrika Naujokė

Member of the Editorial Board

Dear Reader,

As part of Issue 7 of this journal, we are excited to invite you to a webinar to meet editors of journals/ magazines on customs from around the world! On 29 April 2021, you will have the unique opportunity to meet editors of WCO News (global), World Customs Journal (global), Foreign Trade (Germany), LEX Portus (Ukraine), Customs-Digital (Germany), Muitų teisė praktikams (Lithuania), this journal (Europe), and editors of two more journals are expected to join! Learn more.

In advance to the webinar, you can already meet Dr. Borys Kormych, editor of “Lex Portus” journal. His article “Lex portus” fueling discussion on Customs in Ukraine and the EU contains interesting facts about the journal as well as customs developments in Ukraine, for instance, the extensive practice of customs appeals. On the topic, in the section covering "Case-law", you can read about the case-law in Lithuania and the concept of customs debtor. An overview of this year’s first ruling of the Court of Justice of the European Union on the interpretation of the Combined Nomenclature is also included.

Please note that there is another event taking place on 22 April 2021. It is an online meeting of the authors of the CCRM journal. We welcome you to contribute an article to the journal to receive your invitation to participate. You can access a summary of what was discussed in the previous meeting in the article Customs-related databases. In this issue of the journal, the topics of data, databases and digitalisation are addressed from various perspectives. Read the articles to learn about WCO new online tool, ICS2 system, external data for Customs risk management, and digital transformation of Customs in Switzerland.

Another topic of focus is EU-UK trade. A lot of practical challenges remain to be discussed and clarified. Read about these ongoing issues from the first months of Brexit and learn answers to questions: When is it beneficial to claim preferential treatment using importers' knowledge? How to import a car from the UK to Ireland? Do returned goods retain their EU or UK preferential origin? Additionally, watch the video on direct transport rule, which was prepared to answer the question: How to prove that the non-manipulation rule is met, if the goods originating in Ukraine under the UA-UK trade agreement are unloaded and stored in a customs warehouse in Lithuania after export?

The section “Overviews and comments” starts with two great articles explaining the roles of the “soft” and of the “hard” law. The law is a complex subject, as illustrated by the article on U.S. Export Administration Regulations (EAR) - many trade compliance professionals are not aware that its scope can extend to shipments that do not physically involve the U.S.! See other parts of the section for more topics covered in this issue.

Enjoy reading and leave us your feedback under each article, or email them to info@lcpa.lt. We look forward to meeting you at the upcoming events!

Enrika Naujokė
Member of the editorial board

Read more

Online tools and resources

Customs in Switzerland: reinvention through digitalization and paperless clearance

Customs in Switzerland: reinvention through digitalization and paperless clearance

Thomas Woodtli
Thomas Woodtli
15 Feb 2021

With numerous innovations such as smartphone apps as well as the elimination of Swiss sub-headings in the customs tariff numbers, Swiss Customs aims to drive digital transformation. Since Switzerland is not part of the EU customs union, shipments of goods have always had to be cleared at the Swiss border....

Tech
Online tools and resources
Customs-related databases

Customs-related databases

Muitinės praktikų asociacija
Muitinės praktikų asociacija
01 Mar 2021

What customs-related databases do you use, find the most useful and/ or the most interesting? An exchange on customs-related databases used worldwide took place on 18 February 2021 during the 4th meeting of the authors of the CCRM journal. Why there is no comprehensive list of such databases? Herewith we...

Tech
Online tools and resources
ICS2: the new European customs “Import Control System” just arriving!

ICS2: the new European customs “Import Control System” just arriving!

Bertrand Rager
Bertrand Rager
18 Mar 2021

The purpose of this note is to introduce the new European Import Control System (ICS2) in the safety and security measures framework and the launch of its first "release 1" version for express courier and postal shipments transported by air. Looking at it from a French perspective.

clearance process
Tech
Online tools and resources
How to enhance customs risk management with external data?

How to enhance customs risk management with external data?

Toni Männistö
27 Mar 2021

The Pan-European Network of Customs Practitioners (PEN-CP) has published a study that explores the data landscapes of the today’s customs world, marking yet another concrete highlight for the world’s first innovation-boosting customs network.

Tech
compliance
Online tools and resources
WCO releases new online tool to support actors in international trade: www.wcotradetools.org

WCO releases new online tool to support actors in international trade: www.wcotradetools.org

Publications & Data Solutions Department - WCO
31 Mar 2021

Get to know more about WCOTradeTools.org and watch a video with some practical applications on the platform. Benefit also from a promotional code on the purchase of your subscription!

classification
origin
valuation
Tech
Online tools and resources

Knowledge

'Lex Portus' fueling discussion on Customs in Ukraine and the EU

'Lex Portus' fueling discussion on Customs in Ukraine and the EU

Borys Kormych
Borys Kormych
06 Mar 2021

“It is important for us to provide the floor for discussion of issues important for scientists and practicing lawyers focusing on respective fields, for logistic and customs professionals.” - Prof Dr Borys Kormych, the Editor in Chief of 'Lex Portus' journal, tells in an interview about the journal, shares insights...

compliance
Knowledge

Q&A

Cases of repayment of import duties

Cases of repayment of import duties

Muita UAB
Muita UAB
06 Mar 2021

Is it possible to recover import duties if the imported goods are exported? For example, a Lithuanian company imports goods from China (releases them into free circulation). After a few months, it happens that unchanged goods are sold and exported to a company in Switzerland. In such a case, could...

taxes and tariffs
Q&A
Overviews and comments

Case law

Different duty tariffs: tractor towing broken-down or undamaged vehicles

Different duty tariffs: tractor towing broken-down or undamaged vehicles

Ingrida Kemežienė
Ingrida Kemežienė
11 Mar 2021

‘The aircraft tractor’ hauls an undamaged vehicle - the rate of the duty is higher than it hauls a broken-down vehicle! The correct classification of goods is important for the proper and correct payment of customs duties.

classification
Case law
The concept of a customs debtor and the case-law in Lithuania

The concept of a customs debtor and the case-law in Lithuania

Gediminas Valantiejus
Gediminas Valantiejus
25 Mar 2021

In tax disputes with customs authorities, the question often arises as to whether a person in respect of whom a customs debt is calculated can be regarded as a customs debtor. This issue is particularly evident in cases where the person concerned did not import the taxable goods himself, but...

taxes and tariffs
law
Case law

Overviews and comments

AEO: a look at other countries’ programmes and mutual recognition agreements

AEO: a look at other countries’ programmes and mutual recognition agreements

Jovita Dobrovalskienė
Jovita Dobrovalskienė
04 Feb 2021

Continuing the overview launched a year ago, we present a review of the AEO Compendium 2020 published by the World Customs Organization (WCO). There was in the previous review mentioned that, following Brexit, the EU and the United Kingdom are likely to sign an agreement on the mutual recognition of...

compliance
Overviews and comments
Significance of guidelines, explanatory notes and other "soft law" acts

Significance of guidelines, explanatory notes and other "soft law" acts

Andrius Košel
Andrius Košel
13 Feb 2021

In the European governance the EU legislation distinguishes between the so called “formal law” and the “informal law”. The latter also known as measures of soft law. Formal law compromises regulations, directives and decisions, whereby recommendations and opinions, as well as other methods of developing policy: e.g. policy guidelines are...

law
Overviews and comments
EU-UK Trade and Cooperation Agreement: returned goods relief vs preferential origin

EU-UK Trade and Cooperation Agreement: returned goods relief vs preferential origin

Enrika Naujokė
Enrika Naujokė
13 Feb 2021

European Commission released Guidance on preferential treatment, origin and customs procedures to assist EU businesses importing from and exporting to the UK. One of the questions clarified: “Goods originating in the EU are exported to the UK and released for free circulation there. They are not transformed. Can they come...

taxes and tariffs
origin
Overviews and comments
EU - UK trade
U.S. export law between third countries

U.S. export law between third countries

Samuel Draginich
Samuel Draginich
16 Feb 2021

While most trade compliance professionals are likely aware of U.S. Export Administration Regulations (EAR) as it pertains to exports originating from the U.S., many are not aware its scope can extend to shipments that do not physically involve the U.S.

restrictions
Overviews and comments
EU hard law: hierarchy, types, and opportunities

EU hard law: hierarchy, types, and opportunities

Monika Bielskienė
Monika Bielskienė
27 Feb 2021

Sources of European Union (EU) law can be classified according to their binding nature. 'Hard law' defines binding legislation, and 'soft law' includes non-obligatory guidelines, recommendations, opinions. Andrius Košel has published an excellent article on soft law and here we will examine hierarchy and types of hard law, as well...

law
Overviews and comments

News

EU law news: February 2021

EU law news: February 2021

27 Feb 2021

Monthly overview of customs-related legal acts, case law, notices published in the Official Journal of the EU, and information published by the European Commission and by the World Customs Organization.

law
News
EU law
EU law news: March 2021

EU law news: March 2021

03 Apr 2021

News in week 13. Judgements of the Court of Justice of the European Union: tariff classification of bank note validator and cash boxes (headings 8472 and 9031), inward processing and failure to present goods to customs, anti-dumping duties on imports of certain seamless pipes and tubes of iron or steel...

law
News
EU law

EU - UK trade

One month of Brexit at the French 'smart border'

One month of Brexit at the French 'smart border'

Cyrille Chatail
Cyrille Chatail
20 Feb 2021

Jean-Michel Thillier, Director of Customs for the Hauts-de-France region of northern France and in charge of Brexit, took stock of the 'smart border' after one month of Brexit. The attention of operators was drawn to various issues identified: unpreparedness for customs formalities, unnecessary requesting of preferential origin, etc.

Tech
EU - UK trade
Import a car from UK to Ireland

Import a car from UK to Ireland

Kieran Gleeson
25 Feb 2021

Importing a car from the UK has always seemed attractive as there is a much bigger choice than in Ireland, prices are very competitive, and anyone could travel freely to make their purchase. The currency exchange rate can also be favourable to Irish buyers. But importing a car from the...

clearance process
taxes and tariffs
EU - UK trade
Using importer’s knowledge to claim preferential treatment: a gift or a trap?

Using importer’s knowledge to claim preferential treatment: a gift or a trap?

Jessica Yang
Jessica Yang
25 Feb 2021

Trade agreements have their own unique rules of origin to determine whether something has preferential origin. They also each have their own rules on how preferential origin should be evidenced. This can be confusing when a business is using multiple trade agreements. The focus of this article is on a...

origin
EU - UK trade