Customs Compliance & Risk Management

Customs Compliance & Risk Management
2020
August/September
Journal for practitioners in Europe
Issue 4
ISSN 2669-2171
August / September 2020
Enrika Naujokė

Editor's message

Enrika Naujokė

Member of the Editorial Board

Dear Readers,

The fourth edition of the journal welcomes you with customs knowledge shared in 21 articles by authors from Ireland, Germany, Brazil, Bulgaria, France, Latvia, India and Lithuania. Some articles are not only in English but also in Lithuanian, Portuguese, German and Bulgarian - we aim to make the knowledge available also to those interested in customs, who do not speak English.

What is the main news in August-September 2020? In the editorial of the 3rd release of the journal, Dr. David Savage called this year a strange one. I would say that it has become even stranger now after the UK revealed the intent to break the international law…

In the CCRM journal, we write about customs law, analyse the rules and developments, and look at the ways the rules could be made simpler, clearer, more internationally and nationally harmonised - to make it easier for the trade to comply with them and to utilize the opportunities the rules offer.

Hope you will enjoy reading as much as I did!

Enrika Naujokė
Member of the Editorial Board

P. S. We would appreciate your comments on the articles (the option to comment is available to each article) and/ or your feedback under info@lcpa.lt

Read more

Case law

Royalties and customs value: CJEU clarification to Bulgarian courts

Royalties and customs value: CJEU clarification to Bulgarian courts

Elif Mehmedova
Elif Mehmedova
25 Sep 2020

The goal of the EU law on customs valuation is to introduce a fair, uniform, and neutral system excluding the use of arbitrary or fictitious customs values. The customs value must therefore reflect the real economic value of an imported product and take into account all of the elements of...

valuation
Case law

Overviews and comments

The main fines for customs infringements in Brazil

The main fines for customs infringements in Brazil

Roberto Raya da Silva
Roberto Raya da Silva
08 Aug 2020

We overview fines in Brazil for customs infringements, focusing on the fines imposed as a consequence of incorrect classification and description of goods, and pointing out the importance of voluntary disclosure.

law
compliance
Overviews and comments
Combined Nomenclature 2021 – overview of changes

Combined Nomenclature 2021 – overview of changes

Eglė Pučkuvienė
Eglė Pučkuvienė
20 Aug 2020

The new version of the Combined Nomenclature 2021 is already approved and will be published in the Official Journal of the European Union in October or November 2020. It will be applicable from 1 January 2021. We overview the changes, which are indeed not many this year.

classification
law
Overviews and comments
AEO-company-specific monitoring from a customs risk perspective

AEO-company-specific monitoring from a customs risk perspective

Patric Groos
Patric Groos
20 Aug 2020

In the article, we take a look at the role of monitoring of existing customs authorizations in a company, the areas and standards to be checked, and monitoring structure. We also draw your attention to one of the possible outcomes of monitoring: the application for an AEO-C or AEO-S suspension....

compliance
Overviews and comments
India’s Customs management of rules of preferential origin

India’s Customs management of rules of preferential origin

Bertrand Rager
Bertrand Rager
26 Aug 2020

The Indian Central Board of Indirect taxes & Customs (CBIC) has introduced new regulations under section 156 read with section 28DA of Customs Act, 1962 related to Rules of Origin under Trade agreements. These rules may be called “CAROTAR 2020” (Customs Administration of Rules of Origin under Trade Agreements). The...

origin
Overviews and comments
EU VAT e-commerce package: questions raised by express and postal operators in Lithuania

EU VAT e-commerce package: questions raised by express and postal operators in Lithuania

05 Sep 2020

Although quite some time has elapsed since the announcement of the amendments to the provisions on distance selling of goods and the EU Council has adopted a number of documents setting out implementing measures for the VAT e-commerce package and details of the operation of the VAT one-stop-shop since the...

clearance process
taxes and tariffs
Overviews and comments
EU customs law and international maritime law: relationship and its problematic issues

EU customs law and international maritime law: relationship and its problematic issues

Gediminas Valantiejus
Gediminas Valantiejus
09 Sep 2020

The article seeks to identify legal issues related to the implementation of economic activities in maritime areas by analyzing the customs law of the European Union (EU) and its regulations (Union Customs Code (UCC) and the regulations related to its implementation) defining the boundaries of the EU customs territory, determining...

law
origin
Overviews and comments
Application of WTO law in tax disputes with Lithuanian customs authorities: mission (not) possible?

Application of WTO law in tax disputes with Lithuanian customs authorities: mission (not) possible?

Gediminas Valantiejus
Gediminas Valantiejus
09 Sep 2020

In this article, by evaluating the latest case law of the Supreme Administrative Court of Lithuania (Order of 27 May 2020 in Administrative Case No. eA-2474-968 / 2020, etc.), we will review how the provisions of WTO law in national courts have been (and are) applied in the Republic of...

law
Overviews and comments
BREXIT: "NO DEAL" in sight!

BREXIT: "NO DEAL" in sight!

Bertrand Rager
Bertrand Rager
12 Sep 2020

We are heading straight for a "no-deal" with the UK - i.e. the application of the rules of the World Trade Organisation, which means high tariffs and tighter customs controls. The European Union will apply the same rules as for any country with which it does not have a trade...

other
Overviews and comments
Inward processing: did you know that…?

Inward processing: did you know that…?

Jovita Dobrovalskienė
Jovita Dobrovalskienė
12 Sep 2020

Continuing the topic of Inward Processing launched in August article under the heading “Processing Procedures: Examination of Economic Conditions”, I would like to draw attention to a several changes brought about by the new Union Customs Code and, possibly, opportunities less frequently applied by economic operators: release for free circulation...

clearance process
Overviews and comments
Review of anti-dumping measures in the EU

Review of anti-dumping measures in the EU

Erika Besusparienė
Erika Besusparienė
16 Sep 2020

The global market and increasing competition among market participants encourage unfair trade practices. Various anti-dumping measures are in place to stop unfair trade and protect EU producers. The number of anti-dumping measures is growing every year in the EU, which ensures fair trade and reduces the formation of monopoly positions...

taxes and tariffs
Overviews and comments
AEO: Trusted Partners in India

AEO: Trusted Partners in India

Minal Mehta Buch
19 Sep 2020

Authorised Economic Operator (AEO) certified company is acknowledged as customs’ trusted trade partner. If you choose a cooperation partner from India and plan to ask for an AEO certificate to prove compliance with this standard, here is what you should know about the Indian AEO programme (the AEO programmes are...

law
compliance
Overviews and comments
Interview with a customs chemist from Ireland

Interview with a customs chemist from Ireland

Anna Gayk
Anna Gayk
22 Sep 2020

Dr. David Savage joined the Irish State Laboratory, where he worked in the Customs and Excise Section from 2003 to 2018. During this time, he supported the Irish Customs authority process BTI applications and validated the tariff classification of goods subject to audit in addition to other duties. David also...

classification
compliance
Overviews and comments
Intelectual property: electronic documents - better enforcement

Intelectual property: electronic documents - better enforcement

Evelina Šliogerė
Evelina Šliogerė
24 Sep 2020

While the digital transition of communication between individuals and customs is increasingly taking place, as well as the need to reduce or even eliminate the transmission of paper documents arises, from 15-09-2020 amendments of Regulation (EU) No 608/2013, providing for a different procedure for applications for customs supervision measures, entered...

restrictions
Tech
Overviews and comments
Opportunities for producers: tariff suspensions

Opportunities for producers: tariff suspensions

Žydrė Bartaškienė
Žydrė Bartaškienė
24 Sep 2020

Due to tariffs suspensions Lithuanian producers saved more than 5.15 million euros in 2019. This amount seems considerable, but it could have been significantly higher! In this article, we draw the attention of producers to an opportunity which, in our view, is not sufficiently exploited yet. We also review the...

taxes and tariffs
other
Overviews and comments
Interview with an expert of global trade measures

Interview with an expert of global trade measures

Roberto Raya da Silva
Roberto Raya da Silva
25 Sep 2020

Anna Gayk is Managing Partner of the Mendel company. The company, originally engaged in the production of printed matter and as publishers of foreign trade publications, has evolved to a leading information service and data content provider in the field of global trade measures over the last two decades. The...

Tech
compliance
Overviews and comments
Brexit Diary August-September

Brexit Diary August-September

David Savage
David Savage
29 Sep 2020

In any other year, the Brexit issue would receive a huge amount of attention. However, 2020 is an unusual year. As the COVID-19 pandemic continued to present Governments all over the world with policy decisions, the clock continued to tick down on the EU-UK Free Trade Agreement negotiations. August was...

other
Overviews and comments

EU law

EU law news: August 2020

EU law news: August 2020

29 Aug 2020

From 25 July to 28 August (further news in 'EU Law: September 2020'), there was news related to Covid-19; tariff classification of the goods; preferential origin; duties, antidumping and countervailing duties; non-tariff measures, prohibitions and restrictions.

law
EU law
EU law news: September 2020

EU law news: September 2020

26 Sep 2020

Week 39: regulation on the classification of prepared explosives, other than propellent powders; initiation of an anti-dumping proceeding concerning imports of optical fibre cables classified under CN code ex 8544 70 00.

law
EU law

No rubric

Recent tariff classification issues in Latvia: copper alloy ingots

Recent tariff classification issues in Latvia: copper alloy ingots

Karlis Ketners
Karlis Ketners
24 Sep 2020

National courts often make use of the possibility to seek a preliminary ruling from the Court of Justice of the European Union (CJEU). The Supreme Court of the Republic of Latvia recently raised a very technical question, which, however, concerns the general interpretation of a provision of the Combined Nomenclature...

classification
Customs law: retrospective change of the customs declarant

Customs law: retrospective change of the customs declarant

Talke Ovie
Talke Ovie
29 Sep 2020

It has now been established by the supreme judicial authority, that it is possible to amend the customs declaration subsequently, even with regard to the information relating to the identity of the declarant. However, with some limitations, which we point out in the overview of the recent judgement of the...

clearance process