Customs Compliance & Risk Management
Case law
Car seat protector and pocket net: parts or accessories?
Can the net for making pockets in the rear part of seats and the protection for the inside of seats be classified under subheading 9401 90 80 of the Combined Nomenclature (CN) as parts of seats? The "value" of the answer to the importer is EUR 300 000! The Court of Justice of the European Union has provided clarification on this point.
Case of classification of unassembled goods OR How to save €389 973?
An unassembled good must be classified as a complete good. For example, if you import disassembled bicycles, you still have to declare them as bicycles and pay the import duties due on the bicycles. But maybe you could be smarter and save the import duties by declaring half of the bicycles’ parts in your name and the other half in a friend's name? In addition, perhaps it would help to place the parts under different customs procedures before releasing them for free circulation?
Harley-Davidson case highlights limits of binding origin information in Union customs law
In the European Union customs law, it is possible for an economic operator to obtain binding tariff or origin information decisions, which provide assurance about the tariff classification or origin of goods. However, does such a customs decision always guarantee legal security just because national customs has issued a favorable decision to the trader?
Overviews and comments
Customs Practitioners Group in the UK
We are talking to Barbara Scott, the Chair of the CPG about the period of time ranging from 1988, when CPG was established, to today: When and how was the idea to establish CPG born? What was the customs environment then? What was the environment of similar groups? What about today and the future?
Customs compliance with the “INCASE-Model” – a holistic approach for real effectiveness
Through several years as a customs auditor, I saw many companies with numerous approaches and attempts to get a grip on the management of the customs requirements. Despite big efforts (financially, personally, technically), organizations often do not succeed in establishing the desired effect and corresponding success in the area of customs compliance. Instead of this, customs compliance or customs management frequently is not sufficiently managed (especially strategically, but also operationally as a result of this weakness). This even leads to blind spots in the organisation, particularly in the structural field, which has in the meantime become increasingly apparent due to the changed audit approach by the authorities.
News
UCC Reform
The EU Commission has presented a proposal for the reform of the Union Customs Code (as well as amendments of several other legal acts). In view of the largely failed centralisation (and thus standardisation) of customs activities and – apart from ICS2 – IT systems, as well as a lack of harmonisation of customs sanctions, the proposals for an EU Customs Data Hub, an EU Customs Authority, the shift to the (deemed) importer as the person responsible for duties and all compliance aspects, as well as a partial harmonisation of customs sanctions are bold steps with regard to which the business community suffering from unequal treatment within the EU Customs Union and Single Market can only wish the EU Commission success in the Council and the Parliament.
CBAM reports and declarations for imported goods: Who, what, when?
To reduce carbon emissions in the EU and globally, the EU has put in place a legal framework - the Carbon Border Adjustment Mechanism (CBAM), set out in a recently published regulation. The CBAM will apply to imports of certain goods such as fertilisers, screws, wires, hydrogen, etc., the range of which will be expanded. The obligation for importers of these goods or their indirect customs representatives to submit quarterly CBAM reports comes into force already this year.
Country update
Brexit Diary – the Journey to Windsor
The Windsor Framework possibly places Northern Ireland in a very enviable position. Importers and exporters from Northern Ireland uniquely have free access to both the UK and EU markets – which should surely attract considerable foreign investment and transform it into a prosperous trading hub. How did the journey to Windsor go?
Paper or pixels? The dual challenge of document management in Ukraine’s e-customs clearance
In the era of digital technologies, electronic customs clearance of goods has become a standard for many countries across the globe. Ukraine is no exception. However, unfortunately, even in the modern system, problems can arise that can significantly complicate and slow down customs clearance. One such problem is the provision of paper documents. In this context, it is crucial to clarify some issues that regulate the procedure for providing paper documents and the form of customs control during electronic customs clearance of goods in Ukraine. In this article, we present a real case that happened to us at the end of March 2023 in Odesa.
Changes to trade in goods between Northern Ireland and Great Britain as a result of the Windsor Framework
!!! Updated article with adjustments made to the UCC !!! On 24 March 2023, the EU and the United Kingdom (UK) agreed to settle their dispute over the Northern Ireland Protocol, in particular by responding to some of the UK's requests to facilitate trade between Great Britain – GB (England, Wales, Scotland) on the one hand and Northern Ireland on the other (so-called East-West trade) and by accommodating the UK on some other issues. The relevant legal acts, recommendations and declarations were published in Official Journal No. L 102 of 17 April 2023. CCRM Journal for Practitioners in Europe has therefore asked Michael Lux, who advised the Government of Northern Ireland on the interpretation of the original version of the Northern Ireland Protocol, to outline the main aspects of the Windsor Framework with regard to trade in goods between Great Britain and Northern Ireland.
‘Fair prices’ vs transaction value in Bulgaria
The article deals with the changes in the Bulgarian customs legislation on customs value. These changes do not correlate well with the relevant European legislation, and this raises many questions: Is the application of these new provisions legitimate? What was the reason for the Bulgarian legislator to take such steps? What are the possible consequences? Let us try to find some answers.
News update
EU law news April/May 2023
News in week 22: More trade-related cooperation agreed between the EU and the US in the Trade and Technology Council; WTO dispute panel established to review EU duties on Indonesian steel products; regulation on tariff cassification of a cooling mat for dogs and cats; anti-dumping duty on imports of rebars originating in Belarus; and more updates!
Ukraine customs and trade news April/May 2023
News at a glance: Ukraine plans to join the CPTPP; start of application of the Pan-Euro-Med transitional rules of origin with the Republic of Moldova; Ukraine stops exporting sugar; extension of trade liberalisation with the EU; and more updates.
Topic spotlight
The issue with using supply chain information to control product flow from the forced labor area of China
Most people that work in the worldwide import/export industry are familiar with the Rules of Origin and with terms such as “substantial transformation” and “double substantial transformation”. However, the concept put forth to prevent importation of Uyghur goods is totally alien to the community in that an importer who is the focus of an allegation must prove that no part of his importation(s) has either originated or been furthered in value in the Uyghur Region. In other words, the importer must prove a negative.
Export control: the need for an internal compliance programme
What is an Internal Compliance Programme (ICP) and what are its core elements? What if the ICP is not required by law, should companies still use it? The answer is definitely yes. Even if your company does not fall under the criteria for a mandatory ICP, it is important to have one in place if you deal with export-controlled items.
Current progress towards a fully digital EU customs environment
From the point of view of many customs operators, especially those who conduct cross-member state customs activities, the developments in IT are rather sobering. Although the legal framework for further standardization and harmonization has been established, isolated solutions and uncoordinated development statuses within the EU are delaying a real breakthrough. In this article, we provide an overview of the project status regarding the report of the European Commission.
Perspective
Knowledge of customs and tax regulations
There is often a perception that laws are the domain of lawyers, taxes are the domain of accountants and financiers, profits are the domain of salespeople, and so on. Is this the right approach? The purpose of this article is to examine why knowledge of customs and tax regulations is important not only for lawyers and financial experts, but also for other employees, especially directors, managers and other supervisors. The article is based on a presentation given on the occasion of the launch of the MBA programme ‘Customs Process Management’ at Vytautas Magnus University.
Best practices and tips for managing customs knowledge in a company
What aspects should be taken into account in the context of customs knowledge management within a company? During the 15th Authors' Meeting, experts from the UK, Israel, France, Colombia, Brazil and Lithuania shared many tips and practices on how to acquire, update and manage knowledge to be successful in customs processes. The main insights – on the role of a customs manager, exchanging information internally, ensuring awareness of all the involved persons, manuals, peer learning, etc. - shared are summarised in the following overview.
First steps in choosing customs software
This article covers the questions that companies should raise when looking for customs software. It highlights the key points to consider before choosing software and gives advice on how to minimise potential issues and maximise benefits. This is important for businesses considering making their own customs declarations for the first time, or switching from one customs software package to another. Here's what you need to know.
Certain critical export-controlled product groups to be aware of
The main purpose of the article is to raise awareness of certain product groups that are subject to export control. This concerns in particular drive and automation products as well as emerging technologies in the high-tech industry. For example, inverters can have a special software extension for output frequencies above 600 Hz, which is critical because this type of product can be used in chemical centrifuges and nuclear power plants in sanctioned countries.
Explainer
Customs managers: what do they do?
How are customs issues managed within companies? What is it that people in charge of meeting Customs’ expectations do? This article highlights the role of the key players in customs compliance - customs managers. The findings presented are based on interviews with key informants in nine multinational companies from a cross-section of industries.