Dear Reader,
Customs formalities cover 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 countries and regions, change constantly, and often are inaccessible because of the language barrier and/ or unavailability online.
Businesses aim to arrange 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, compliance, harmonisation and simplification of the international and national rules (the simpler the rules, the easier to trade and to manage compliance and risks).
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.
The Editorial Board:
Enrika Naujokė, CC Learning, UAB, Lithuania
Dr David Savage, Ireland
Roberto Raya da Silva, Raya Consult, Brazil
Prof Dr Borys Kormych, National University 'Odesa Law Academy', Ukraine
Dr Ilona Mishchenko, National University 'Odesa Law Academy', Ukraine
Samuel Draginich, Amazon EU, Luxembourg
Ira Reese, Global Security and Innovative Solutions, the USA
Mark Rowbotham, Portcullis ISC, the UK
Omer Wagner, Israel
Svitlana Siurik, Belgium
We will be happy to answer your questions. Contact us: info@customslcear.net
Best regards,
Editorial Board
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 CC Learning, UAB (CustomsClear, the Publisher) does not necessarily agree with the views of the authors of articles.
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Writing an article is a great way to share your knowledge and, if relevant, to inform readers about your expertise in a particular field of Customs.
Articles are contributed on a non-remunerated basis. Thanking you for your contribution, we will 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.
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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.
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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.
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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
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 price is revised downwards, is the importer entitled to a refund of duties? If the goods are duty-free and there is no excise duty, but only import VAT (which is deductible in any case)?
Omer Wagner
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 price is revised downwards, is the importer entitled to a refund of duties? If the goods are duty-free and there is no excise duty, but only import VAT (which is deductible in any case)?
Omer Wagner
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 10 January 2024 on guidelines setting out the methodology for data gathering and processing for the preparation of the annual report on the control of exports, brokering, technical assistance, transit and transfer of dual-use items pursuant to Regulation (EU) 2021/821 of the European Parliament and of the Council; and 'Regional Approach to Ensure Uniform Customs Controls and Information Exchange for Implementation of the EU Restrictive Measures', adopted by the Baltic Republics of Lithuania, Latvia and Estonia.
Boryana Peycheva
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 10 January 2024 on guidelines setting out the methodology for data gathering and processing for the preparation of the annual report on the control of exports, brokering, technical assistance, transit and transfer of dual-use items pursuant to Regulation (EU) 2021/821 of the European Parliament and of the Council; and 'Regional Approach to Ensure Uniform Customs Controls and Information Exchange for Implementation of the EU Restrictive Measures', adopted by the Baltic Republics of Lithuania, Latvia and Estonia.
Boryana Peycheva
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 cannot be assessed and the transaction price is therefore invalid, and, on the other hand, base the assessment on the transaction price but without the condition. Let's take a look at what the Supreme Court had to say in this dispute. The disputed amount is about ILS 5 million (~1.3 million Eur).
Omer Wagner
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 cannot be assessed and the transaction price is therefore invalid, and, on the other hand, base the assessment on the transaction price but without the condition. Let's take a look at what the Supreme Court had to say in this dispute. The disputed amount is about ILS 5 million (~1.3 million Eur).
Omer Wagner
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 the EU Deforestation Regulation (EUDR), in which Professor Veenstra shared his insights, we took the opportunity to ask about the impact of this regulation on Customs and talk about various other related topics, such as complex supply chains, new business models for customs brokers and, of course, the knowledge required to meet the demands of a modern compliance professional.
Albert Willem Veenstra
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 the EU Deforestation Regulation (EUDR), in which Professor Veenstra shared his insights, we took the opportunity to ask about the impact of this regulation on Customs and talk about various other related topics, such as complex supply chains, new business models for customs brokers and, of course, the knowledge required to meet the demands of a modern compliance professional.
Albert Willem Veenstra
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 AES; FAQs about CBAM; updates to the tariff measures for poultrymeat, open mesh fabrics of glass fibres and mixtures of urea and ammonium nitrate; extension of protective (SPS) measures for bivalve molluscs from Türkiye.
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 AES; FAQs about CBAM; updates to the tariff measures for poultrymeat, open mesh fabrics of glass fibres and mixtures of urea and ammonium nitrate; extension of protective (SPS) measures for bivalve molluscs from Türkiye.
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 (e.g., exporter, importer, declarant, carrier, customs warehouse of free zone operator) as well as certain familiar customs simplifications will disappear (e.g., entry in the declarant’s records, simplified and supplementary declaration) and customs processes will change significantly, in particular due to the creation of a central EU Customs Data Hub. Economic operators concerned should analyse the forthcoming changes and draw the attention of the legislative bodies to weaknesses and possible unintended consequences in customs processes in a timely manner.
Michael Lux
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 (e.g., exporter, importer, declarant, carrier, customs warehouse of free zone operator) as well as certain familiar customs simplifications will disappear (e.g., entry in the declarant’s records, simplified and supplementary declaration) and customs processes will change significantly, in particular due to the creation of a central EU Customs Data Hub. Economic operators concerned should analyse the forthcoming changes and draw the attention of the legislative bodies to weaknesses and possible unintended consequences in customs processes in a timely manner.
Michael Lux
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 is in court). For an idea of how long this period can be, see the relevant Court of Justice of the EU judgement. Moreover, it is a significant Court's decision impacting the landscape of Value Added Tax (VAT) and customs law within the EU. This article delves into the Court's findings, emphasizing the principles of legal certainty and effectiveness in EU law, and exploring its implications for VAT legislation and practices.
Jonas Sakalauskas
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 is in court). For an idea of how long this period can be, see the relevant Court of Justice of the EU judgement. Moreover, it is a significant Court's decision impacting the landscape of Value Added Tax (VAT) and customs law within the EU. This article delves into the Court's findings, emphasizing the principles of legal certainty and effectiveness in EU law, and exploring its implications for VAT legislation and practices.
Jonas Sakalauskas
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 idea of introducing a voluntary standard for customs intermediaries.
Ilona Kawka
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 idea of introducing a voluntary standard for customs intermediaries.
Ilona Kawka
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 that it was confident that it had properly fulfilled its obligations by entrusting customs clearance to a professional service provider - the customs broker. The company therefore learns the hard way about its customs-related responsibilities and obligations. What role does the customs broker play in preventing such situations? In this article, we argue that customs brokers need to take on the role of proactive educator and suggest a way to do this.
Enrika Naujokė
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 that it was confident that it had properly fulfilled its obligations by entrusting customs clearance to a professional service provider - the customs broker. The company therefore learns the hard way about its customs-related responsibilities and obligations. What role does the customs broker play in preventing such situations? In this article, we argue that customs brokers need to take on the role of proactive educator and suggest a way to do this.
Enrika Naujokė
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. From FY 2022 to date, CBP’s forced labor enforcement has impacted over $ 2 billion worth of shipments. Clearly, companies have a lot at stake, and compliance with anti-forced labor requirements is critical not only from a corporate responsibility standpoint but due to the impact it may have on a company’s financial position.
Simeon A. Yerokun
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. From FY 2022 to date, CBP’s forced labor enforcement has impacted over $ 2 billion worth of shipments. Clearly, companies have a lot at stake, and compliance with anti-forced labor requirements is critical not only from a corporate responsibility standpoint but due to the impact it may have on a company’s financial position.
Simeon A. Yerokun
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 environment. Exports are an important part of business, both for the national economy and for the growth and development of businesses themselves. Economic growth, especially in small countries, is driven by foreign trade, making the promotion of exports a crucial task for a country. The dynamics and development of export growth depend on the implementation of a targeted export policy by the government, and exports are a key factor of economic growth for various countries, including Lithuania.
Jonas Aleksonis , Erika Besusparienė
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 environment. Exports are an important part of business, both for the national economy and for the growth and development of businesses themselves. Economic growth, especially in small countries, is driven by foreign trade, making the promotion of exports a crucial task for a country. The dynamics and development of export growth depend on the implementation of a targeted export policy by the government, and exports are a key factor of economic growth for various countries, including Lithuania.
Jonas Aleksonis , Erika Besusparienė
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 posts. In customs posts the Maturity model must be used in three areas – tax administration, customs administration, and information technology implementation. To assess the practical situation, it was chosen to analyse high-risk customs posts. The situation of the Suwalki corridor and the three-month data collected by two customs posts at the Kybartai Road and Raigardas Road posts were reviewed. The analysis revealed that there is a lack of available data for researchers to conduct analysis and determine the impact of selected customs posts on customs tax control.
Tomas Zymonas , Erika Besusparienė
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 posts. In customs posts the Maturity model must be used in three areas – tax administration, customs administration, and information technology implementation. To assess the practical situation, it was chosen to analyse high-risk customs posts. The situation of the Suwalki corridor and the three-month data collected by two customs posts at the Kybartai Road and Raigardas Road posts were reviewed. The analysis revealed that there is a lack of available data for researchers to conduct analysis and determine the impact of selected customs posts on customs tax control.
Tomas Zymonas , Erika Besusparienė
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 the same rate of duty is applied to the same goods, regardless of which EU country they are imported into, however, there are some exceptions to this rule. Also, not only Duties has to be paid before release to free circulation. E-commerce is the buying and selling of goods and services online. It has become increasingly popular in recent years, as it offers consumers a convenient and affordable way to shop. However, the growth of e-commerce has also led to an increase in the number of goods being imported into the EU. The influence of customs taxes on e-commerce imports can have a significant impact on private persons. For example, if a private person imports goods from a country outside of the EU, they may have to pay customs taxes on those goods. This can make imported goods more expensive, it can also take more time for delivery, and can discourage private persons from importing goods from outside of the EU. The following sections of this paper will explore this topic in more detail and will discuss the various factors that can influence the impact of customs taxes on e-commerce imports for private persons and propose a theoretical model of how customs taxes affect the e-commerce of private persons.
Gertrūda Bakšienė
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 the same rate of duty is applied to the same goods, regardless of which EU country they are imported into, however, there are some exceptions to this rule. Also, not only Duties has to be paid before release to free circulation. E-commerce is the buying and selling of goods and services online. It has become increasingly popular in recent years, as it offers consumers a convenient and affordable way to shop. However, the growth of e-commerce has also led to an increase in the number of goods being imported into the EU. The influence of customs taxes on e-commerce imports can have a significant impact on private persons. For example, if a private person imports goods from a country outside of the EU, they may have to pay customs taxes on those goods. This can make imported goods more expensive, it can also take more time for delivery, and can discourage private persons from importing goods from outside of the EU. The following sections of this paper will explore this topic in more detail and will discuss the various factors that can influence the impact of customs taxes on e-commerce imports for private persons and propose a theoretical model of how customs taxes affect the e-commerce of private persons.
Gertrūda Bakšienė
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 needs (e.g. fast delivery vs. thorough control) and save them a lot of time so they can focus on their core activities. This topic is not new, and one might think that these areas of operation should already be established and standardised. However, discussions at the 19th Authors' Meeting showed that there are still more questions than answers in the countries of Europe and America.
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 needs (e.g. fast delivery vs. thorough control) and save them a lot of time so they can focus on their core activities. This topic is not new, and one might think that these areas of operation should already be established and standardised. However, discussions at the 19th Authors' Meeting showed that there are still more questions than answers in the countries of Europe and America.
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 countries' suppliers (exporters) should be getting ready to prepare their emissions data? Indeed, there are similar initiatives in other countries, for example, the proposed U.S. Foreign Pollution Fee Act.
Ira Reese
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 countries' suppliers (exporters) should be getting ready to prepare their emissions data? Indeed, there are similar initiatives in other countries, for example, the proposed U.S. Foreign Pollution Fee Act.
Ira Reese
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 the end of January 2024. What does this mean for businesses importing these goods into the UK? We provide a summary of the changes coming into effect and how the trader can prepare for these stricter border controls.
Mark Rowbotham
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 the end of January 2024. What does this mean for businesses importing these goods into the UK? We provide a summary of the changes coming into effect and how the trader can prepare for these stricter border controls.
Mark Rowbotham
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