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Journal

About the journal

Dear Reader,

Customs formalities cover the global supply chains from the country of exportation to the country of importation. The legal rules to be addressed on the way are extensive (tariff, non-tariff, safety, etc.). They vary across the countries and regions, change constantly, and often are inaccessible because of the language barrier and/ or unavailability online. 

Another aspect is that businesses aim to arrange the customs formalities in the most cost-effective way, taking into account tariff preferences, the variety of customs procedures, and the simplifications. Therefore, the task to ensure compliant and cost-effective customs formalities is a complex one and any customs-related topic is in the scope of the journal. 

At the core of the Customs Compliance & Risk Management Journal for Practitioners in Europe are these keywords: up-to-date customs knowledge, harmonisation and simplification of the international and national rules (the simpler the rules, the easier to trade and to manage the risk and compliance).

The first bi-monthly issue was released at the end of March 2020. Stakeholders - business, customs, academia, and others - from all over the world are invited to read the journal and to contribute articles. ISSN 2669-2171

The editorial board:
Dr. Gediminas Valantiejus, LCPA, Lithuania
Dr. David Savage, Ireland 
Roberto Raya da Silva, Raya Consult, Brazil
Dr. Borys Kormych, National University "Odesa Law Academy", Ukraine
Michael Schlosser, Rohde & Schwarz GmbH & Co. KG, Germany
Jessica Yang, JY XBorder Consulting Ltd, the United Kingdom
Enrika Naujokė, LCPA, Lithuania

We will be happy to answer your questions. Contact: info@lcpa.lt  

Best regards,
Lithuanian Customs Practitioners Association (LCPA)
www.lcpa.lt/en

Terms and conditions

Terms and Conditions

Responsibility for the content. The information contained in the "Customs Compliance & Risk Management" Journal for Practitioners in Europe is for general information purposes only and cannot be construed as legal advice, conclusion or consultation. The publisher Lithuanian Customs Practitioners Association (LCPA) does not necessarily agree with the views of the authors of articles.

Distribution. The exclusive right to distribute the journal belongs to LCPA. The paid articles of the journal are only for the use of those who have acquired them lawfully. The originals or copies of the articles may not be distributed, sold, rented, lent or otherwise transferred without the written consent of LCPA.

Remuneration. LCPA is a non-profit body. Editorial board membership is organized on a non-remunerated basis, conferring honorary status. Part of the revenue is intended to cover the publishing costs. Above cost income will be distributed to the authors, according to readability statistics. Royalties for publications will be distributed after one year of publishing (April 2021), the first results being achieved.

Procedure upon violation. LCPA will make every effort to resolve any disputes in a consensual manner and therefore asks to be notified (using the contact details provided) of any conflict or misunderstanding before other steps are taken.

Disclaimer. LCPA accepts no liability for the quality of the information provided or for it being correct, complete or up-to-date. It is the sole responsibility of the authors themselves to ensure compliance with intellectual property rights. We expect authors to indemnify and hold the LCPA harmless from any loss, damage, claim, expense or costs, that may be incurred or sustained in connection with or in any way arising out as a result of intellectual property violation claims.

Contactinfo@lcpa.lt  

Information for authors

Information for Authors

Writing an article is a great way to share your knowledge, to inform readers about your expertise in customs and, if relevant, about your organisation.

Articles are contributed on a non-remunerated basis. Thanking you for your contribution, we grant access to all articles of the issue, in which your article is published, and invite you to meet other authors in bimonthly online meetings. The ISSN 2669-2171 number can be used for academic purposes.

Reader

The reader of the journal is a practitioner dealing with customs-related questions first of all in business. She or he might be a beginner or experienced one. Therefore, please write for practitioners, delivering your message in a simple and clear way. 

Language 

The main language of the journal is English. However, practitioners in many countries do not speak English, therefore, we encourage to write the article in several languages up to your choice.

Structure and length

Please start with about 3-5 sentences introducing what is your article about. Structure the article in short paragraphs, use subtitles. At the end of the article (and/ or in the author’s profile), you may introduce your organisation and services.

The length of the article is up to your choice, the most important is to clearly deliver the knowledge/ the main message to the reader (there are articles of 1000 and of 3000 words, it can be less or more). 

Author’s profile

Additionally, you may send us a picture and a description of the author for the author's profile. The author's profile opens when you click on the author’s name in the article. 

Note

Please also read 'About the Journal' and 'Terms and Conditions'.

Contacts

We will be happy to answer your questions. Please contact us by info@lcpa.lt

Dear Readers,

This is the sixth edition of the Journal of Customs Compliance and Risk Management.

Without any doubt we can say that Brexit became the most challenging event for many customs practitioners at the very beginning of 2021. Brexit deal introduced a completely different reality for many businesses’ supply chains and related customs procedures. Current CCRM issue offers a series of original articles focused on trade and customs consequences of Brexit. To be specific, Jessica Yang addresses the problems that may arise for businesses with distribution centre models. Enrika Naujoke reviews the rules of origin according to EU-UK FTA, proper paperwork needed to enjoy respective tariff concessions and to obtain Exporter Reference Numbers. Last not least, leading practitioners of Muita UAB analyze the unique position of Northern Ireland with respect to possible application of customs laws after Brexit.

However, despite the sensitivity of post-Brexit trade issues, there are many other topics of sustaining interest of customs sector. One of such specific topics is a customs valuation, which stays for decades topical for both customs administrations and traders. To that end Monika Bielskiene shares her insights on recent CJEU judgments on transfer pricing.

Regardless how good is a professional in his or her field the concept of learning through life remains an integral part of modern labor market. Therefore, reliable sources on customs law are essential not only for students or scholars, but also for customs practitioners. In this regard, the CCRM launched an exceptional, in my opinion, project “Interview with The Author of The Book”. This issue presents a series of such interviews, in which the authors of books on customs topics from various countries share some details about writing and publishing. Some interviews have not only text, but also video format, which makes them even more interesting. 

I sincerely hope you enjoy this CCRM issue.

Dr. Borys Kormych
Member of the Editorial Board

en
EU law news: January 2021
30-01-2021

News: International Customs Day 2021; complementary amendments to the HS Nomenclature 2022; EU authorisation mechanism for exports of COVID-19 vaccines; EU-UK trade: Trade and Cooperation Agreement, regulations on the making out of statements on origin for preferential exports to the UK and on the determination of goods not at risk; application of the REX system; EVFTA: cumulation in Vietnam with fabrics originating in South Korea; and more!

Customs Practitioners Association

national legislation
en
EU law news: January 2021
30-01-2021

News: International Customs Day 2021; complementary amendments to the HS Nomenclature 2022; EU authorisation mechanism for exports of COVID-19 vaccines; EU-UK trade: Trade and Cooperation Agreement, regulations on the making out of statements on origin for preferential exports to the UK and on the determination of goods not at risk; application of the REX system; EVFTA: cumulation in Vietnam with fabrics originating in South Korea; and more!

Customs Practitioners Association

national legislation
en
Application of customs duties to the international trade between the EU and Russian Federation: lessons from the practice of recent WTO disputes
28-01-2021

At present, the Russian Federation is the third most important trading partner for the European Union (EU) in terms of international trade in goods and the EU is the most important trading partner for the Russian Federation. In addition, starting from 2012, the Russian Federation is also a member of the World Trade Organization (WTO), so its trade relations with the EU are also governed by the WTO law. Taking into account the fact that customs duties, especially trade defence duties, have a significant practical impact on the volume of international trade between the EU and the Russian Federation and on international trade business, this article discusses the legal issues of their application and possible solutions, based on the recent WTO trade dispute settlement practice.

Dr. Gediminas Valantiejus

trade defence duties, trade policies; trade disputes
en
Application of customs duties to the international trade between the EU and Russian Federation: lessons from the practice of recent WTO disputes
28-01-2021

At present, the Russian Federation is the third most important trading partner for the European Union (EU) in terms of international trade in goods and the EU is the most important trading partner for the Russian Federation. In addition, starting from 2012, the Russian Federation is also a member of the World Trade Organization (WTO), so its trade relations with the EU are also governed by the WTO law. Taking into account the fact that customs duties, especially trade defence duties, have a significant practical impact on the volume of international trade between the EU and the Russian Federation and on international trade business, this article discusses the legal issues of their application and possible solutions, based on the recent WTO trade dispute settlement practice.

Dr. Gediminas Valantiejus

trade defence duties, trade policies; trade disputes
en
Rules of origin: the case of the Irish bread industry (EU-UK trade)
27-01-2021

After months of wrangling the EU and the UK agreed upon the Trade and Cooperation Agreement (TCA) on the 24th of December 2020. This trade agreement came as a huge relief to most traders and businesses who have exposure to the EU/UK supply chain. However, it was not long before this ‘Christmas present’ revealed some very significant conditions that invalidated many of the benefits that most thought the TCA presented. For Customs and trade professionals, this would have been anticipated to some extent, but to regular business owners who had come to rely on the frictionless trade that the EU’s Customs Union and single market facilitated, these conditions came as a very unwelcome shock.

Dr. David Savage

origin of goods
en
Rules of origin: the case of the Irish bread industry (EU-UK trade)
27-01-2021

After months of wrangling the EU and the UK agreed upon the Trade and Cooperation Agreement (TCA) on the 24th of December 2020. This trade agreement came as a huge relief to most traders and businesses who have exposure to the EU/UK supply chain. However, it was not long before this ‘Christmas present’ revealed some very significant conditions that invalidated many of the benefits that most thought the TCA presented. For Customs and trade professionals, this would have been anticipated to some extent, but to regular business owners who had come to rely on the frictionless trade that the EU’s Customs Union and single market facilitated, these conditions came as a very unwelcome shock.

Dr. David Savage

origin of goods
en
Global trade and customs – a journey around the world of customs
22-01-2021

Highlights from the Global Trade and Customs book: different cultural approaches to litigation; import VAT/GST in countries with multi-level VAT/GST systems; customs value and transfer pricing. The editor of the book Zsolt Szatmári also reveals challenges of a multi-jurisdictional comparative study. Dr. Karlis Ketners shares the reader‘s perspective.

Dr. Karlis Ketners, Zsolt Szatmári

studies and training
en
Global trade and customs – a journey around the world of customs
22-01-2021

Highlights from the Global Trade and Customs book: different cultural approaches to litigation; import VAT/GST in countries with multi-level VAT/GST systems; customs value and transfer pricing. The editor of the book Zsolt Szatmári also reveals challenges of a multi-jurisdictional comparative study. Dr. Karlis Ketners shares the reader‘s perspective.

Dr. Karlis Ketners, Zsolt Szatmári

studies and training
en
3-rd Customs Practitioners Conference: There is no good supply chain without good customs!
22-01-2021

The 3-rd Customs Practitioners conference (national conference in Lithuania) was held on 10 December 2020 under the slogan: "There is no good supply chain without good Customs!". We provide an overview of the presentations, which covered international, EU and national legislation, Brexit, preferential origin of goods, import/ export VAT and post-clearance audits.

Customs Practitioners Association

studies and training
en
3-rd Customs Practitioners Conference: There is no good supply chain without good customs!
22-01-2021

The 3-rd Customs Practitioners conference (national conference in Lithuania) was held on 10 December 2020 under the slogan: "There is no good supply chain without good Customs!". We provide an overview of the presentations, which covered international, EU and national legislation, Brexit, preferential origin of goods, import/ export VAT and post-clearance audits.

Customs Practitioners Association

studies and training
en
Tariff classification of protective textile face masks
20-01-2021

In view of the continuing spread of the virus that causes the COVID-19 pandemic, the demand for and imports of protective equipment in the EU Member States has increased and continues to increase, increasing the workload of both customs brokers and customs. In order to facilitate and speed up the customs clearance of such goods and to enable more accurate statistics to be collected, new TARIC subheadings were introduced corresponding to the more detailed characteristics of the different face masks. We also provide an overview of standards that specify requirements for such goods.

Virginija Dordzikienė

tariff classification of goods
en
Tariff classification of protective textile face masks
20-01-2021

In view of the continuing spread of the virus that causes the COVID-19 pandemic, the demand for and imports of protective equipment in the EU Member States has increased and continues to increase, increasing the workload of both customs brokers and customs. In order to facilitate and speed up the customs clearance of such goods and to enable more accurate statistics to be collected, new TARIC subheadings were introduced corresponding to the more detailed characteristics of the different face masks. We also provide an overview of standards that specify requirements for such goods.

Virginija Dordzikienė

tariff classification of goods
en, ru
Diagonal cumulation as a new reprocessing trend in Ukraine
14-01-2021

2020 has presented a new possibility for the trade with Ukraine – cumulation. Cumulation is one of the rules of origin, provided by the Regional Pan-Euro-Med Convention. This rule applies, when two or more countries have identical rules of origin and trade agreements between each other. This possibility as well has to be acknowledged by the parties and published.

Oleg Kyryievskyi, Iryna Pavlenko

origin of goods
en, ru
Diagonal cumulation as a new reprocessing trend in Ukraine
14-01-2021

2020 has presented a new possibility for the trade with Ukraine – cumulation. Cumulation is one of the rules of origin, provided by the Regional Pan-Euro-Med Convention. This rule applies, when two or more countries have identical rules of origin and trade agreements between each other. This possibility as well has to be acknowledged by the parties and published.

Oleg Kyryievskyi, Iryna Pavlenko

origin of goods
en
Focus of the CJEU: exclusive distribution compensation and customs value
06-01-2021

Court of Justice of the European Union (CJEU) took another decision regarding customs valuation and adjustment of transaction value. In this decision CJEU analysed legal importance of compensation paid for the right to exclusively distribute goods. CJEU concluded that such compensation was the condition of sale and thus must be reflected in the customs value of goods. The fact that compensation was agreed on in a separate contract (not in a sale-purchase agreement) and that it was limited in time did not change conclusions of the CJEU. It is yet another signal for the importers to carefully examine all the payments between them and the seller and evaluate their possible influence on customs value of imported goods.

Monika Bielskienė

customs value/valuation, infringements and sanctions, case-law
en
Focus of the CJEU: exclusive distribution compensation and customs value
06-01-2021

Court of Justice of the European Union (CJEU) took another decision regarding customs valuation and adjustment of transaction value. In this decision CJEU analysed legal importance of compensation paid for the right to exclusively distribute goods. CJEU concluded that such compensation was the condition of sale and thus must be reflected in the customs value of goods. The fact that compensation was agreed on in a separate contract (not in a sale-purchase agreement) and that it was limited in time did not change conclusions of the CJEU. It is yet another signal for the importers to carefully examine all the payments between them and the seller and evaluate their possible influence on customs value of imported goods.

Monika Bielskienė

customs value/valuation, infringements and sanctions, case-law
en
EU-UK trade: customs duty impact on distribution centre models
05-01-2021

What does the EU-UK TCA mean for businesses that sell finished goods of EU origin to EU customers from the UK, and vice versa? This article addresses questions increasingly asked by businesses with distribution centre models. Specifically, questions relating to how to mitigate customs duty when trading originating goods between the UK and the EU in 2021.

Jessica Yang

origin of goods
en
EU-UK trade: customs duty impact on distribution centre models
05-01-2021

What does the EU-UK TCA mean for businesses that sell finished goods of EU origin to EU customers from the UK, and vice versa? This article addresses questions increasingly asked by businesses with distribution centre models. Specifically, questions relating to how to mitigate customs duty when trading originating goods between the UK and the EU in 2021.

Jessica Yang

origin of goods
en
EU-UK FTA: What is exporter reference No? (Part II)
02-01-2021

We overviewed the EU requirements for an EU exporter to get the Exporter Reference Number to include in the statement on origin (in Part I) and continue answering these questions: What is the Exporter Reference Number of the UK exporter? Who may act as an EU/UK exporter? What is a “commercial document” on which the statement on origin may be made out?

Enrika Naujokė

origin of goods
en
EU-UK FTA: What is exporter reference No? (Part II)
02-01-2021

We overviewed the EU requirements for an EU exporter to get the Exporter Reference Number to include in the statement on origin (in Part I) and continue answering these questions: What is the Exporter Reference Number of the UK exporter? Who may act as an EU/UK exporter? What is a “commercial document” on which the statement on origin may be made out?

Enrika Naujokė

origin of goods
en
Unique situation of Northern Ireland: UK and EU Customs law applies
29-12-2020

Reader's questions: Does Northern Ireland belong (as of 1 January 2021) to two customs territories: the United Kingdom and the European Union? What customs formalities apply to the movement of goods from the EU to Northern Ireland and vice versa? What about zero tariffs and preferential origin of goods?

Muita UAB

customs territories; customs status of goods, origin of goods
en
Unique situation of Northern Ireland: UK and EU Customs law applies
29-12-2020

Reader's questions: Does Northern Ireland belong (as of 1 January 2021) to two customs territories: the United Kingdom and the European Union? What customs formalities apply to the movement of goods from the EU to Northern Ireland and vice versa? What about zero tariffs and preferential origin of goods?

Muita UAB

customs territories; customs status of goods, origin of goods
en
EU-UK FTA: What is exporter reference No? (Part I)
28-12-2020

Zero duties in the EU-UK trade will apply only to originating products. In most cases the proof of origin will be the statement on origin made out by the exporter in a commercial document. Reader’s questions: „There is an Exporter Reference Number indicated in the form of the statement on origin. When and how should an EU exporter obtain it? How long does it take? May the exporter issue the statement on origin after exportation of the goods?“.

Enrika Naujokė

origin of goods
en
EU-UK FTA: What is exporter reference No? (Part I)
28-12-2020

Zero duties in the EU-UK trade will apply only to originating products. In most cases the proof of origin will be the statement on origin made out by the exporter in a commercial document. Reader’s questions: „There is an Exporter Reference Number indicated in the form of the statement on origin. When and how should an EU exporter obtain it? How long does it take? May the exporter issue the statement on origin after exportation of the goods?“.

Enrika Naujokė

origin of goods
en
Customs Law: Interview with the Co-Author of the Book (Colombia)
28-12-2020

Juan David Barbosa is the author of the Tariff Classification chapter included in the global compilation on comparative customs law through the lenses of 50 authors from 11 countries in Latin America and Europe (available in Spanish). The chapter provides insightful practical advice on how to handle the WCO Harmonized System (HS) amendments. Read the interview and/ or watch the video.

Dr. Erika Besusparienė, Juan David Barbosa

origin of goods, studies and training
en
Customs Law: Interview with the Co-Author of the Book (Colombia)
28-12-2020

Juan David Barbosa is the author of the Tariff Classification chapter included in the global compilation on comparative customs law through the lenses of 50 authors from 11 countries in Latin America and Europe (available in Spanish). The chapter provides insightful practical advice on how to handle the WCO Harmonized System (HS) amendments. Read the interview and/ or watch the video.

Dr. Erika Besusparienė, Juan David Barbosa

origin of goods, studies and training
en
EU-UK trade agreement: no customs duties on originating goods
27-12-2020

On 24 December 2020 European Commission announced that an agreement with the United Kingdom on the terms of future cooperation was reached. The EU-UK Trade and Cooperation Agreement shall be provisionally applied as of 1 January 2021. It provides for zero tariffs and zero quotas on all goods that comply with the appropriate rules of origin. What are these rules and the documents proving the originating status of the goods?

Enrika Naujokė

origin of goods
en
EU-UK trade agreement: no customs duties on originating goods
27-12-2020

On 24 December 2020 European Commission announced that an agreement with the United Kingdom on the terms of future cooperation was reached. The EU-UK Trade and Cooperation Agreement shall be provisionally applied as of 1 January 2021. It provides for zero tariffs and zero quotas on all goods that comply with the appropriate rules of origin. What are these rules and the documents proving the originating status of the goods?

Enrika Naujokė

origin of goods
en
EU law news: December 2020
26-12-2020

News 29 Nov - 26 Dec 2020. Brexit: EU-UK Trade and Cooperation Agreement, entry summary declarations and pre-departure declarations, controls at the border control post of products of animal origin, General Export Authorisation for the export of certain dual-use items, tariff rate quotas and other import quotas, Union preferential trade arrangements; Covid-19: new CN codes and TARIC subheadings for SARS-CoV-2 vaccines, protective face masks, diagnostic reagents and diagnostic kits; E-commerce: new guidance document on the import and export of low value consignments by European Commission, E-Commerce Package by WCO; and more news in other areas!

Customs Practitioners Association

national legislation
en
EU law news: December 2020
26-12-2020

News 29 Nov - 26 Dec 2020. Brexit: EU-UK Trade and Cooperation Agreement, entry summary declarations and pre-departure declarations, controls at the border control post of products of animal origin, General Export Authorisation for the export of certain dual-use items, tariff rate quotas and other import quotas, Union preferential trade arrangements; Covid-19: new CN codes and TARIC subheadings for SARS-CoV-2 vaccines, protective face masks, diagnostic reagents and diagnostic kits; E-commerce: new guidance document on the import and export of low value consignments by European Commission, E-Commerce Package by WCO; and more news in other areas!

Customs Practitioners Association

national legislation
en
Guide to Customs Procedures: Interview with the Author of the Book (France)
22-12-2020

“Guide des procedures douanières” (available in French), written by Cyrille CHATAIL, is a compilation of articles that are constantly updated. It is a kind of encyclopedia of EU customs regulation and its interpretation given by authorities, courts, practitioners, etc. The great advantage of this book is that it “moves” together with the move of the customs regulation! Read the interview and/ or watch the video.

Evguenia Dereviankine, Cyrille Chatail

customs procedures and formalities, studies and training
en
Guide to Customs Procedures: Interview with the Author of the Book (France)
22-12-2020

“Guide des procedures douanières” (available in French), written by Cyrille CHATAIL, is a compilation of articles that are constantly updated. It is a kind of encyclopedia of EU customs regulation and its interpretation given by authorities, courts, practitioners, etc. The great advantage of this book is that it “moves” together with the move of the customs regulation! Read the interview and/ or watch the video.

Evguenia Dereviankine, Cyrille Chatail

customs procedures and formalities, studies and training
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