Customs Compliance & Risk Management

Customs Compliance & Risk Management
2020
June/July
Journal for practitioners in Europe
Issue 3
ISSN 2669-2171
June / July 2020
David Savage

Editor's message

David Savage

Member of the Editorial Board

Dear Readers,

Welcome to the third edition of the Journal of Customs Compliance and Risk Management. 

It is no understatement to say that 2020 has been a very strange year. The lives of countless millions of people around the world have been touched by the COVID-19 pandemic. Despite the global upheaval, trade continues albeit at subdued levels. 

We as customs professionals continue to provide the lubrication that greases the wheels of international trade. Indeed, as we edge towards 2021 those of us who live in Europe have another major event to anticipate, i.e. the final departure of the United Kingdom from the EU’s customs union. As the old saying goes ‘It’s an ill wind that does not blow some good’. Brexit has several downsides, but it presents our profession with many opportunities. Reports suggest there are acute shortages of customs agents in the UK and Ireland respectively. I would imagine this also to be true in other EU countries that trade extensively with the United Kingdom and as Aristotle once postulated, ‘nature abhors a vacuum’! So, in a year that many might prefer to forget, perhaps there is room for some optimism.

This edition of the Journal of Customs Compliance and Risk Management covers a wide variety of topical subjects from the fast-moving world of customs and trade. We learn about how proof of origin in the EU-Vietnam FTA will be managed in the article written by Edita Trukŝinienė and Paresh Solanki tells us about the Importer Export Code in India. In the article written by Dr Kormych and Dr Valantiejus, we explore how Ukraine’s Customs legislation has been impacted by the Association Agreement between the EU and Ukraine. Dr Gerd Schwendinger and Dr Katja Göcke set out the implications for those who do not fully comply with customs legislation in Germany. Similarly, Evguenia Dereviankine and Bertrand Rager describe how customs non-compliances are managed in France. Meanwhile, Dinesh Unadkat described the pragmatic approach to customs non-compliance taken by HMRC in the United Kingdom. This edition also contains important contributions on the topics of BTIs, Brexit, special customs procedures in the EU, approved exporters along with the review of this month’s legal developments.

Please note, it is now possible to comment on the articles. This presents us all with an opportunity to expand our network, collaborate further and deepen our understanding of the world of Customs and Trade. 

I hope you enjoy this edition.

Dr David Savage
Member of the Editorial Board

Read more

Q&A

Verification of approved exporter's and other registrations in the EU

Verification of approved exporter's and other registrations in the EU

Enrika Naujokė
Enrika Naujokė
20 Jul 2020

Reader's question: „Is there a database in the EU where we could verify the approved exporter's number, whether it is valid? If not, what would you advise how to verify it?“. We answer the question and also point out the liability of the importer and of the customs broker, and...

origin
Tech
Q&A
Overviews and comments

Case law

Infringements and sanctions: theft of goods placed under customs supervision. CJEU case law

Infringements and sanctions: theft of goods placed under customs supervision. CJEU case law

Andrius Košel
Andrius Košel
23 Jul 2020

What happens if the goods placed under customs supervision are stolen? Is that circumstance to be regarded as relieving the person in charge of the goods from related tax obligations arising from the release for free circulation? May the national legislation of an EU Member State impose a pecuniary penalty,...

clearance process
compliance
Case law

Overviews and comments

Disputes regarding legality of the EU‘s antidumping customs duties: situation and experience in EU (Lithuania)

Disputes regarding legality of the EU‘s antidumping customs duties: situation and experience in EU (Lithuania)

Gediminas Valantiejus
Gediminas Valantiejus
09 Jun 2020

The antidumping duties, which are often imposed to protect internal market from unfair competition of foreign goods, can reach up to 100 percent of the customs value of the goods or even more when the average rate of conventional customs duties does not exceed as much as 5 per cent....

taxes and tariffs
Overviews and comments
Penalties for customs offences in France

Penalties for customs offences in France

Evguenia Dereviankine
Evguenia Dereviankine
18 Jun 2020

In France, the penalties for customs offences are all criminal in nature and are divided into misdemeanors (offences punishable by fines and custodial sentences) and contraventions (offences punishable only by fines). They vary according to the seriousness of the offence and each provides for minimum and maximum applicable penalties.

compliance
Overviews and comments
Civil penalties for contraventions - "Post Clearance" Customs Audit in the UK

Civil penalties for contraventions - "Post Clearance" Customs Audit in the UK

Dinesh Unadkat
Dinesh Unadkat
24 Jun 2020

Civil Penalties for contraventions of Customs Law in the UK: background - why HMRC have civil penalties, maximum customs civil penalty limits, calculation and notification of penalties; the definition of what amounts to a serious error. Important points to remember: voluntary disclosure; record keeping and checking; internal reviews.

clearance process
compliance
Overviews and comments
Cases in which Binding Tariff Information (BTI) ceases to be valid

Cases in which Binding Tariff Information (BTI) ceases to be valid

Ingrida Sakalienė
Ingrida Sakalienė
27 Jun 2020

Since the statutory validity period of a BTI decision is 3 years, it would appear that all these years a trader can be sure of the accuracy of the tariff classification of goods. However, it should be recalled that the BTI decision may cease to be valid/ be annulled/ be...

classification
law
Overviews and comments
Classification
Free Trade Agreement between the EU and Vietnam

Free Trade Agreement between the EU and Vietnam

Edita Trukšinienė
27 Jun 2020

The Free Trade Agreement (FTA) between the European Union and the Socialist Republic of Viet Nam will enter into force on 1 August 2020. In the article, we overview the benefits for trade it will bring, the proof of origin requirements, transitional provisions, and the application of the FTA and...

origin
other
Overviews and comments
Importer Exporter Code (IEC) in India

Importer Exporter Code (IEC) in India

Paresh Solanki
Paresh Solanki
18 Jul 2020

This text was inspired by the article “What you need to know about the EORI number and national differences in EU countries?” by Jovita Dobrovalskienė in the 2-nd issue of the CCRM journal. In India, there is the Importer Exporter Code (IEC) used for similar purposes as the EORI code...

clearance process
Overviews and comments
Processing procedures: examination of economic conditions

Processing procedures: examination of economic conditions

Jovita Dobrovalskienė
Jovita Dobrovalskienė
01 Aug 2020

This article is relevant for those who intend to use inward processing or outward processing customs procedures or already apply them and would like to modify their application. There are many rules and features of the procedures. Some are perhaps better known and applied, others less frequently. This time, the...

clearance process
Overviews and comments
Sanctions for customs infringements in Germany

Sanctions for customs infringements in Germany

Gerd Schwendinger
21 Jul 2020

Germany provides for criminal as well as non-criminal sanctions for customs infringements. The question whether a customs infringement is to be prosecuted as a criminal or an administrative offense depends solely on the nature of the breach and whether it was committed intentionally or recklessly/ negligently. The amount of the...

compliance
Overviews and comments
Association Agreement between the EU and Ukraine: practical lessons from the implementation and its impact on Ukrainian customs legislation

Association Agreement between the EU and Ukraine: practical lessons from the implementation and its impact on Ukrainian customs legislation

Borys Kormych
Borys Kormych
25 Jul 2020

The article reviews one of the recent Association Agreements with the third countries which were concluded by the EU, namely, EU – Ukraine Association Agreement (2017), and, in particular, presents the experience and practice of Ukraine while implementing its commitments to harmonize national customs legislation with the EU customs law....

law
other
Overviews and comments
Brexit Diary

Brexit Diary

David Savage
David Savage
27 Jul 2020

At the beginning of June, attention was focussed upon COVID19 and the damage it was doing to the world’s economy. Despite this unwanted distraction, the issue of the Brexit transition period, dormant since January, began to gain traction once again in the news cycle. This account tracks the main developments...

other
Overviews and comments

News

EU law news: June 2020

EU law news: June 2020

27 Jun 2020

Till 27th of June (further updates in 'EU Law: July 2020'), there were news related to the Union Customs Code, Brexit, tariff classification of the goods, tariff quotas, preferential origin, duties, antidumping and countervailing duties, non-tariff measures, prohibitions and restrictions.

law
News
EU law
EU law news: July 2020

EU law news: July 2020

25 Jul 2020

From 29 June to 24 July (further updates in 'EU Law: August 2020'), there was news related to the Union Customs Code; tariff classification of the goods; tariff quotas; preferential origin; duties, antidumping and countervailing duties; non-tariff measures, prohibitions and restrictions.

law
News
EU law