Customs Compliance & Risk Management

Customs Compliance & Risk Management
2023-2024
December/January
Journal for practitioners in Europe
Issue 24
ISSN 2669-2171
December 2023 / January 2024
Enrika Naujokė

Editor's message

Enrika Naujokė

Member of the Editorial Board

Dear Reader,

WCO dedicated 2024 to 'Customs Engaging Traditional and New Partners with Purpose'. We can only agree that this is a very topical focus. The best way out of the current challenges such as declining data quality and the increasing lack of professional staff can be found through collaboration. The perfect example of this is the collaboration between NASA and SpaceX. By the way, the European Space Agency has also started collaborating with the private sector as the global competition is shifting from Earth to space, where satellites influence our daily lives and the lunar economy is seen as the next step forward (just think what this means for customs control and, for example, the origin of goods!). To sum up, we are excited to see what will come of this great WCO initiative.

The aim of the proposed EU customs reform seems no less compelling than the ‘lunar economy’ topic. No customs declarations. No declarant. All data should flow directly into the EU data hub, or more precisely, customs will take the data directly from the traders' systems. One BUT. Quality data is not about quality systems. It is about professionals who take care of the quality of the data that goes into the systems. We therefore wonder how much importance is attached to this aspect in the reform. In our opinion, little. For example, customs brokers are about to disappear in the EU (the shift of focus from direct representation to indirect because of the concept of the 'single responsible person'). So how can we ensure that there are enough professionals in the private sector to look after the quality of the data? Without going into detail in this issue of the journal, we invite you to consider the role of customs brokers in the light of all the current developments.

The first CBAM reports are due in January. The EU is leading the way in this area. What about other countries? We invite you to take a look at the proposed U.S. Foreign Polution Fee Act. And while talking about the U.S., we also take a look at the expansion of labour laws. Such a law is also in preparation in the EU. Overall, it is clear that sustainability is increasingly impacting the customs area - origin, valuation, classification, etc. To continue the reflection, we take a look at the textile sector and also point to the EU deforestation regulation, which shifts our thinking from 'deep origin' to 'deeper origin' when we will be obliged to check whether imported poultry comes from chickens fed with soya feed from areas not affected by deforestation.

And, of course, there are other articles to read - on EU’s dual-use exports, the impact of the war in the Middle East on customs valuation, the electronic certificate of origin, year-end transfer pricing adjustments and more. We are also proud of the publications of the student section, which reveal the thinking and growth of dedicated customs professionals who are vitally needed.

Enjoy reading this issue!

Enrika Naujoke
CEO of CustomsClear, Lithuania
Member of the Editorial Board

Read more

Content

Case law

CJEU: a decision on legal certainty

CJEU: a decision on legal certainty

Jonas Sakalauskas
Jonas Sakalauskas
28 Jan 2024

Late payment of taxes, including import taxes recalculated as a result of discrepancies detected by customs after clearance, is subject to late payment penalties and interest. The sums can be huge, especially considering that tax reassessments can be made for three years or even longer (for example, if the dispute...

law
Case law

Overviews and comments

UCC e-systems: updated implementation deadlines

UCC e-systems: updated implementation deadlines

Enrika Naujokė
Enrika Naujokė
26 Dec 2023

The remaining electronic systems provided for in the Union Customs Code (UCC) will be implemented in 2024 and 2025. The introduction of a new customs system can have various implications for a company, depending on its specific activity: time savings when paper documents become electronic (e.g. T2L), significant financial savings...

Tech
Overviews and comments
Topic spotlight
Sustainable clothing and slow fashion in the global circular economy

Sustainable clothing and slow fashion in the global circular economy

Enrika Naujokė
Enrika Naujokė
26 Dec 2023

Did you know that the EU imports around 26 kg of textiles per person per year? And around 11 kg are thrown away? That clothes are usually only worn 7 or 8 times? The EU is working on an EU strategy for sustainable and circular textiles (see European Parliament resolution,...

sustainability
Overviews and comments
Perspective
CBAM: History, objectives, scope, and its compatibility with international law (II)

CBAM: History, objectives, scope, and its compatibility with international law (II)

Michael Lux
Michael Lux
03 Jan 2024

Note from the CCRM editors: The first part of the article provided an overview of the history, objectives and scope of the Carbon Border Adjustment Mechanism (CBAM) introduced by the EU. It also examined the issue of whether the Paris Agreement on climate change foresees border adjustment measures by countries...

restrictions
sustainability
Overviews and comments
Topic spotlight
Impact of the war in the Middle East on customs valuation

Impact of the war in the Middle East on customs valuation

Omer Wagner
Omer Wagner
07 Jan 2024

Israel has been in a state of war for the past three months. This war has had an impact on international trade, particularly on customs valuation, including for importers in other countries such as the EU, as explained in more detail in this article.

valuation
Overviews and comments
Country update
Customs brokers and their management: current challenges and the future

Customs brokers and their management: current challenges and the future

14 Jan 2024

Customs brokers are an important part of the customs ecosystem. Both parties - traders and customs - can benefit greatly from working with these professional intermediaries. Customs brokers take on the complex tasks related to customs clearance, protect and serve the interests of the parties involved while balancing their different...

clearance process
Overviews and comments
Perspective
A future without customs declarations and with new roles and responsibilities for importers and exporters in the EU

A future without customs declarations and with new roles and responsibilities for importers and exporters in the EU

Michael Lux
Michael Lux
28 Jan 2024

The UCC reform proposal, if adopted, means saying goodbye to many familiar concepts (entry summary declaration, customs declaration, declarant, etc.) and welcoming new ones. We provide an overview of some proposed changes to the definitions of the UCC, which show that the current roles and responsibilities of the actors involved...

law
Overviews and comments
Topic spotlight

Country update

UK customs-related updates: BTOM, CDS (I)

UK customs-related updates: BTOM, CDS (I)

Mark Rowbotham
Mark Rowbotham
07 Jan 2024

Editors' note: Many economic operators in the EU and other UK trading partners are and will be affected by the ongoing customs changes in the UK. We start with a monthly overview of some important news from the UK. Many thanks to Mark Rowbotham, who recently joined the CCRM Editorial...

law
Country update
Proposed U.S. Foreign Pollution Fee Act (similar to the EU’s CBAM)

Proposed U.S. Foreign Pollution Fee Act (similar to the EU’s CBAM)

Ira Reese
Ira Reese
14 Jan 2024

EU importers of cement, iron and steel, aluminium, fertilizers, electricity and hydrogen are preparing to submit their first report under the Carbon Border Adjustment Mechanism (CBAM), based on emissions data from their third-country suppliers. What about other countries? Will they also introduce such climate measures, so that EU and other...

sustainability
Country update
UK customs-related updates: BTOM, CDS (II)

UK customs-related updates: BTOM, CDS (II)

Mark Rowbotham
Mark Rowbotham
14 Jan 2024

Despite officially leaving the EU’s single market in January 2021, the UK has delayed introducing full border controls several times due to concerns over cost and disruption. However, we now know that these post-Brexit checks on plant and animal goods coming into the UK from EU countries will begin at...

restrictions
Country update
Compliant on Forced Labor? Prove It: the Expansion of U.S. Anti-Forced Labor Laws and Compliance Requirements for Importers

Compliant on Forced Labor? Prove It: the Expansion of U.S. Anti-Forced Labor Laws and Compliance Requirements for Importers

Simeon Yerokun
Simeon Yerokun
21 Jan 2024

Forced labor is on the rise worldwide. The United States is one of the largest importers of merchandise at risk of being produced with forced labor and U.S. Customs and Border Protection (CBP) is committed to identifying products made with forced labor and preventing them from entering the United States....

restrictions
sustainability
Country update
The future of customs intermediaries in the UK - overview

The future of customs intermediaries in the UK - overview

Ilona Kawka
Ilona Kawka
28 Jan 2024

Recognising the critical role that customs intermediaries play in enabling international trade for UK businesses, the government issued a consultation that sought feedback on the concept of introducing a voluntary standard. The final phase of the consultation process concluded in August 2023. A significant consensus emerged among stakeholders on the...

clearance process
Country update
Discount for customs purposes? On one condition

Discount for customs purposes? On one condition

Omer Wagner
Omer Wagner
04 Feb 2024

The Israel Customs Authority does not seem to be a fan of discounts. It appealed against the judgement of the District Court, in which the court clarified that the Customs Authority cannot, on the one hand, rely on the fact that the price is subject to a condition (discount) that...

valuation
Country update

News update

EU law news December 2023

EU law news December 2023

31 Dec 2023

News in week 52: Changes to import duties on certain products from 2024.01.01; changes to tariff quotas (reduced import duties) from 2024.01.01; EU-UK trade - transitional rules of preferential origin for electric accumulators and electrified vehicles; Anti-Coercion Instrument enters into force - possible new tariffs and trade restrictions in the...

law
News update
EU law news January 2024

EU law news January 2024

28 Jan 2024

News in week 4. WCO dedicates 2024 to 'Customs Engaging Traditional and New Partners with Purpose'; EU's white paper on export controls and new guidelines on data gathering and processing; uniform regional restrictive measures implementation in Lithuania, Latvia and Estonia; preparation for linking the excise system EMCS to export system...

law
News update

Topic spotlight

e-Certificate of Origin: the failing vision of efficiency and a possible solution

e-Certificate of Origin: the failing vision of efficiency and a possible solution

Ramūnas Šablinskas
Ramūnas Šablinskas
26 Dec 2023

The World Customs Organization has published a comprehensive study on the digitalisation of the Certificate of Origin (CO). This article provides a short summary of the existing CO issues and suggests some solutions that could help achieve the long-term digitalisation goals – such as the framework for trusted digital signatures...

origin
Tech
Topic spotlight
EU’s dual-use exports - disunity or unity?

EU’s dual-use exports - disunity or unity?

Boryana Peycheva
Boryana Peycheva
04 Feb 2024

The first month of 2024 started with the publication of several European documents at common European and regional level (Baltic Republics), which present interesting facts and analyses on the export and transit of prohibited, restricted or dual-use goods. These are: white paper on Export Control; Commission Recommendation (EU) 2024/214 of...

restrictions
Topic spotlight

Perspective

EU Deforestation Regulation: impact on customs

EU Deforestation Regulation: impact on customs

Albert Willem Veenstra
Albert Willem Veenstra
31 Jan 2024

Note from the CCRM editors: What can we expect from customs in the future? Professor Albert Willem Veenstra addressed this question together with other authors in the article ‘The changing role of Customs: Customs aligning with supply chain and information management’ (World Customs Journal). After participating in a webinar on...

sustainability
Perspective

Explainer

Customs valuation and transfer pricing – understanding similarities and differences (I)

Customs valuation and transfer pricing – understanding similarities and differences (I)

Rizwan Mahmood
Rizwan Mahmood
17 Dec 2023

Editors' note: In November, the European Commission published the news 'New transfer pricing rules to make life easier for businesses in the EU'. The new rules are necessary to address several challenges, including the competing objectives of customs and tax authorities, which lead to double compliance requirements. The problem is...

valuation
Explainer
Customs valuation and transfer pricing – understanding similarities and differences (II)

Customs valuation and transfer pricing – understanding similarities and differences (II)

Rizwan Mahmood
Rizwan Mahmood
17 Dec 2023

Editors’ note: In this second part of the article, the author highlights the similarities and differences between customs valuation and transfer pricing and emphasises that the requirements may differ for the same goods. He also outlines the solutions used by customs in different countries. For example, the Canada Border Services...

valuation
Explainer
Customs brokers in Europe: Shaping and establishing a future-proof role

Customs brokers in Europe: Shaping and establishing a future-proof role

Enrika Naujokė
Enrika Naujokė
28 Jan 2024

Case law tells us how importing and exporting SMEs, which do not have in-house customs expertise, understand their role and responsibilities, as well as those of a customs broker. Often, when a dispute arises with customs over penalties imposed on an importer or exporter for an offence, the company claims...

clearance process
Explainer
The customs posts and their impact on customs tax control

The customs posts and their impact on customs tax control

Tomas Zymonas
15 Jan 2024

The present research covers the interpretation of the concept of customs posts and the relationship with customs tax control. The analysis of the European Union (EU) regulations showed the essential criteria for customs posts. The Maturity model was also reviewed in order to implement the EU regulations requirements for customs...

taxes and tariffs
law
Explainer
Customs taxes influence the decision of private persons on e-commerce in the European Union

Customs taxes influence the decision of private persons on e-commerce in the European Union

Gertrūda Bakšienė
Gertrūda Bakšienė
15 Jan 2024

Customs taxes are a form of taxation imposed on goods imported into a country. They are typically levied on the value of the goods, and are intended to protect domestic industries from foreign competition. In the European Union (EU), customs duties are harmonized across all member states. This means that...

taxes and tariffs
Explainer
Export promotion programmes: Lithuania's case

Export promotion programmes: Lithuania's case

Jonas Aleksonis
15 Jan 2024

Exports of goods are an important driver of business productivity and economic growth (Mota et al., 2021). Nobody doubts the benefits of exporting today. The government aims to increase the competitiveness of business and industry in international trade and to promote job creation and economic growth by creating a business-friendly...

clearance process
Explainer
Year-end transfer pricing adjustments and the customs value

Year-end transfer pricing adjustments and the customs value

Omer Wagner
Omer Wagner
11 Feb 2024

Customs value and transfer pricing could be likened to Siamese twins - that's how closely linked they are. Let's discuss some practical questions related to the year-end transfer pricing adjustments: If the price is revised upwards, does the importer have to go to customs and pay additional duties? If the...

valuation
Explainer