Customs Compliance & Risk Management

Customs Compliance & Risk Management
2023
April/May
Journal for practitioners in Europe
Issue 20
ISSN 2669-2171
April / May 2023
Ilona Mishchenko

Editor's message

Ilona Mishchenko

Member of the Editorial Board

Dear Readers,

Without a doubt, the main news of May was the unveiling of a large-scale customs reform in the EU. The European Commission describes it as the most ambitious and comprehensive reform of the EU Customs Union since its establishment in 1968. The far-reaching plans, which are expected to be implemented in 2038, will continue to be discussed by practitioners, academics and interested parties for a long time to come. I am confident that the CCRM journal will contain many articles on this topic, with analysis, forecasts and other insights. I am pleased to draw your attention that one of the “fathers” of the UCC, Michael Lux, has already made a start with his article "The Reform of the UCC". In it, you will find a description of the changes he considers most important and a first assessment.

Another major topic covered in this issue is the Carbon Border Adjustment Mechanism set out in a recently published regulation. In the article “CBAM reports and declarations for imported goods: Who, what, when?” by Enrika Naujokė, you can find answers to these questions and learn what will change from October 2023 and beyond.

The multifaceted subject of customs compliance does not go unnoticed by our authors. Dr Michael Jung looks at the challenges of customs compliance management, as well as a new approach to it through the use of the INCASE model. The article by Prof Dr Andrew Grainger highlights the role of the key players in customs compliance - customs managers. 

Directly related to customs compliance, the topic of customs knowledge management is always relevant and inexhaustible. You can never have too much knowledge, it is never too late to learn - these are simple truths that everyone has known since childhood. In a dynamic environment, with frequent changes in legislation, this topic is particularly acute. Best practices, tips and tricks for managing customs knowledge can be found in the review of the 15th Authors' Meeting. 

Another topic that has remained at the top of our recent issues is export control. The Russian-Ukrainian war has intensified the cross-border movement of military and dual-use goods, bringing with it new challenges and old problems. In this context, I would like to draw your attention to the articles by Armin Belle and Christelle Dubouchet.

More than three years after Brexit, the legal processes associated with it are still ongoing. The Windsor Framework, which was designed to address the problems associated with the application of the Northern Ireland Protocol, is a testament to this. The articles by Michael Lux and Dr David Savage outline the key aspects of the Windsor Framework in relation to trade in goods between Great Britain and Northern Ireland and provide a detailed overview of the background, drivers and key points of the agreement.

The case law section traditionally deals with classification and origin issues. In this section you can find out whether car seat covers and bag nets are parts or accessories, what pitfalls to avoid classifying unassembled goods and the limits of binding origin information in Union customs law.

Another important topic in this issue is information technology in customs. It is covered in articles dealing with issues related to the creation and functioning of an EU digital customs environment and tips for businesses on choosing the right customs software.

Ira Reese's article describes how the United States prevents the entry of goods obtained with the forced labour in China and the challenges importers face. 

A country-specific section is presented with insights from Ukraine and Bulgaria.

I sincerely hope you enjoy this CCRM issue. If you have any questions about our journal, including how to contribute an article, please contact us at info@customsclear.net 

Best regards,
Dr Ilona Mishchenko,
Member of Editorial Board

Enrika Naujoke, Member of the international Editorial Board of CCRM journal, Lithuania:  Dr Ilona Mishchenko is living and working in Odesa, Ukraine. We send her our thanks and support. In the night from 9 to 10.6.2023, three people died in Odesa due to explosions caused by drone attacks. People in Odesa are also witnessing the tragedy after the Kakhovka hydroelectric power plant was blown up on 6.6.2023: objects from the Kherson region (refrigerators, sofas, roofs, etc.) are washed up on the coast of Odesa, a dog was rescued after spending several days at sea.

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Case law

Car seat protector and pocket net: parts or accessories?

Car seat protector and pocket net: parts or accessories?

Ingrida Kemežienė
Ingrida Kemežienė
16 Apr 2023

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...

classification
Case law
Case of classification of unassembled goods OR How to save €389 973?

Case of classification of unassembled goods OR How to save €389 973?

Enrika Naujokė
Enrika Naujokė
30 Apr 2023

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...

classification
Case law
Harley-Davidson case highlights limits of binding origin information in Union customs law

Harley-Davidson case highlights limits of binding origin information in Union customs law

Jonas Sakalauskas
Jonas Sakalauskas
07 May 2023

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...

taxes and tariffs
origin
Case law

Overviews and comments

Customs Practitioners Group in the UK

Customs Practitioners Group in the UK

Barbara Scott
Barbara Scott
23 Apr 2023

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...

other
Overviews and comments
Perspective
Customs compliance with the “INCASE-Model” – a holistic approach for real effectiveness

Customs compliance with the “INCASE-Model” – a holistic approach for real effectiveness

Dr Michael Jung
Dr Michael Jung
07 May 2023

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...

compliance
Overviews and comments
Perspective

News

UCC Reform

UCC Reform

Michael Lux
Michael Lux
04 Jun 2023

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...

clearance process
law
Tech
News
Perspective
CBAM reports and declarations for imported goods: Who, what, when?

CBAM reports and declarations for imported goods: Who, what, when?

Enrika Naujokė
Enrika Naujokė
04 Jun 2023

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...

clearance process
taxes and tariffs
restrictions
sustainability
News
Topic spotlight

Country update

Brexit Diary – the Journey to Windsor

Brexit Diary – the Journey to Windsor

David Savage
David Savage
30 Apr 2023

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...

law
restrictions
Country update
Paper or pixels? The dual challenge of document management in Ukraine’s e-customs clearance

Paper or pixels? The dual challenge of document management in Ukraine’s e-customs clearance

Oleksii Fedotov
Oleksii Fedotov
07 May 2023

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...

clearance process
Tech
Country update
Changes to trade in goods between Northern Ireland and Great Britain as a result of the Windsor Framework

Changes to trade in goods between Northern Ireland and Great Britain as a result of the Windsor Framework

Michael Lux
Michael Lux
11 Jun 2023

!!! 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,...

law
restrictions
Country update
‘Fair prices’ vs transaction value in Bulgaria

‘Fair prices’ vs transaction value in Bulgaria

Georgi Goranov
Georgi Goranov
04 Jun 2023

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?...

valuation
Country update

News update

EU law news April/May 2023

EU law news April/May 2023

04 Jun 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...

law
News update
Ukraine customs and trade news April/May 2023

Ukraine customs and trade news April/May 2023

Iryna Pavlenko
Iryna Pavlenko
11 Jun 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.

law
News update

Topic spotlight

The issue with using supply chain information to control product flow from the forced labor area of China

The issue with using supply chain information to control product flow from the forced labor area of China

Ira Reese
Ira Reese
16 Apr 2023

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...

sustainability
Topic spotlight
Export control: the need for an internal compliance programme

Export control: the need for an internal compliance programme

Christelle Dubouchet
Christelle Dubouchet
14 May 2023

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...

clearance process
restrictions
Topic spotlight
Current progress towards a fully digital EU customs environment

Current progress towards a fully digital EU customs environment

Antonia Livajic
Antonia Livajic
11 Jun 2023

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....

Tech
Topic spotlight

Perspective

Knowledge of customs and tax regulations

Knowledge of customs and tax regulations

Ilona Mishchenko
Ilona Mishchenko
23 Apr 2023

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...

compliance
Perspective
Best practices and tips for managing customs knowledge in a company

Best practices and tips for managing customs knowledge in a company

07 May 2023

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...

compliance
Perspective
First steps in choosing customs software

First steps in choosing customs software

Kieran Gleeson
14 May 2023

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...

Tech
Perspective
Certain critical export-controlled product groups to be aware of

Certain critical export-controlled product groups to be aware of

Armin Belle
Armin Belle
01 Jun 2023

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...

clearance process
restrictions
Perspective

Explainer

Customs managers: what do they do?

Customs managers: what do they do?

Andrew Grainger
Andrew Grainger
30 Apr 2023

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...

compliance
Explainer