About the journal

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

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.

Distribution. The exclusive right to distribute the journal belongs to the Publisher. 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 CustomsClear.

Procedure upon violation. The Publisher 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. The Publisher 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 CustomsClear 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.

Contact: info@customsclear.net 

Information for authors

Information for Authors

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. 

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@customsclear.net

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Dear Reader,

With this issue of the CCRM, we are saying farewell to 2024. While we still have one more month to go, we would like to take time to wish you a good and restful holiday break. We are all likely to need it as 2025 is promising to be quite a year in customs in trade. 

In the EU, the legislative process for the EU Customs Reform is likely to move ahead under the Polish Presidency. The EU just signed a historic free trade agreement with Mercosur after having started negotiations in 1999! There is still a long way to go before the agreement enters into force. Legal scrubbing and of course ratification which might prove difficult. In the UK, early 2025 will bring new Government’s trade and industrial strategies. Then, the planned UK-EU summit will force the UK Government to think and plan the UK-EU trading relationship “reset”.  

And then there is the US. We are all waiting to see what the President-Elect will do. From across-the-board tariffs to changing the basic, long-established WTO principles such as the Most Favoured Nation or valuation his promises have so far been quite ambitious. And we might still see some changes under the current administration such as changes to the de minimis. 

In the meantime, we hope you enjoy this last issue of 2024. We continue to provide you with the latest customs and regulatory updates for the EU, the UK and Ukraine. 

The issue includes several articles on classification – the latest WCO updates and the classification opinions within the EU Communication C/2024/5990. We also look at the issue of classification under the EU Deforestation Regulation and how it compares to the way commodity codes are included or excluded under trade agreements. We touch upon challenges to classification whether it’s around data or special practices such as in Israel where “legislative purpose” can change the way classification is interpreted. 

The EU Customs Reform is still with the Council. In one of our articles, Michael Lux, a former Head of Unit at the European Commission, presents his proposal to the Council on how to amend the current version of the text. 

Sanctions and export controls continue to be an important topic. The last author’s meeting was dedicated to how sanctions are implemented in different countries both within the EU and outside. We also have an article on the topic of sanctions specifically in the EU in light of the Reform. On the export controls side, the EU issued updated guidelines on cyber surveillance. 

We also had a bit of a treat in this issue – an interview with Dmitry Grozoubinski the author of “Why Politicians Lie About Trade” in which he talks about his experience of learning about customs through Brexit and many other topics. 

We rounded off this issue with an overview of a customs legal case on the retroactive effect of EU regulations and a country update on Israel. 

We hope you enjoy this issue and we look forward to your feedback on the articles. 

Anna Jerzewska
Chief Knowledge Officer at CustomsClear 

Topic spotlight
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International sanctions and export controls: the latest challenges
06-12-2024

International sanctions and export controls are critical tools for promoting global security and addressing geopolitical challenges. As these measures continue to evolve, businesses face increasing complexity in ensuring compliance while maintaining operational efficiency. This overview presents the latest trends and challenges in export controls and sanctions from a range of countries. They were presented by experts and practitioners from the US, France, Germany, Lithuania, Poland and Brazil at the 24th Author’s Meeting.

export control, sanctions
Topic spotlight
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International sanctions and export controls: the latest challenges
06-12-2024

International sanctions and export controls are critical tools for promoting global security and addressing geopolitical challenges. As these measures continue to evolve, businesses face increasing complexity in ensuring compliance while maintaining operational efficiency. This overview presents the latest trends and challenges in export controls and sanctions from a range of countries. They were presented by experts and practitioners from the US, France, Germany, Lithuania, Poland and Brazil at the 24th Author’s Meeting.

export control, sanctions
News update
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UK customs and trade news: November 2024
05-12-2024

News in brief: safety and security declaration update; Single Trade Window postponed; TRA recommend duty on Chinese excavators; UK to join CPTPP updates; continental shelf declarations; negotiations on the UK-South Korea FTA resume; ICS2 and NCTS5 update; Simplified Process for Internal Market Movements (SPIMM).

law
News update
icon
UK customs and trade news: November 2024
05-12-2024

News in brief: safety and security declaration update; Single Trade Window postponed; TRA recommend duty on Chinese excavators; UK to join CPTPP updates; continental shelf declarations; negotiations on the UK-South Korea FTA resume; ICS2 and NCTS5 update; Simplified Process for Internal Market Movements (SPIMM).

law
Topic spotlight
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What’s new in classification: the latest WCO updates on classification of goods
04-12-2024

Article 34 (7)(ііі) of the Union Customs Code provides for that the customs authorities shall revoke BTI decisions where they are no longer compatible with the classification decisions, classification opinions or amendments of the HS nomenclature Explanatory Notes. In such cases, the European Commission issues a Communication and publishes it in the 'C' series of the Official Journal of the European Union. This article provides an overview of the recent Communication C/2024/5990 and the classification opinions contained therein.

Ingrida Sakalienė

classification
Topic spotlight
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What’s new in classification: the latest WCO updates on classification of goods
04-12-2024

Article 34 (7)(ііі) of the Union Customs Code provides for that the customs authorities shall revoke BTI decisions where they are no longer compatible with the classification decisions, classification opinions or amendments of the HS nomenclature Explanatory Notes. In such cases, the European Commission issues a Communication and publishes it in the 'C' series of the Official Journal of the European Union. This article provides an overview of the recent Communication C/2024/5990 and the classification opinions contained therein.

Ingrida Sakalienė

classification
News update
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EU customs and trade news: November 2024
01-12-2024

News in week 48: final decision by CJEU in 'Harley Davidson' case on relocating production to avoid retaliatory tariffs; the link of VAT in the Digital Age (ViDA) with the EU Customs Reform; expiry review of anti-dumping on sweetcorn in kernels; EU launches consultation on dispute with India over tariffs on ICT goods; Commission challenges China's anti-dumping tariffs on EU brandy at the WTO; updates of CBAM documents; changes to the import control requirements for certain organic products; Botswana to establish export certification point for rough diamonds; authorisation for the importation of cherry plants from the UK (phytosanitary measures); and more news!

law
News update
icon
EU customs and trade news: November 2024
01-12-2024

News in week 48: final decision by CJEU in 'Harley Davidson' case on relocating production to avoid retaliatory tariffs; the link of VAT in the Digital Age (ViDA) with the EU Customs Reform; expiry review of anti-dumping on sweetcorn in kernels; EU launches consultation on dispute with India over tariffs on ICT goods; Commission challenges China's anti-dumping tariffs on EU brandy at the WTO; updates of CBAM documents; changes to the import control requirements for certain organic products; Botswana to establish export certification point for rough diamonds; authorisation for the importation of cherry plants from the UK (phytosanitary measures); and more news!

law
News update
icon
Ukraine customs and trade news: October/November 2024
30-11-2024

News at a glance: Export security regime for certain types of agricultural products introduced; Ukrainian Customs Decision System pilot project launched; Automated processing of customs declarations launched; Summary of 2-year journey of Ukraine's use of NTCS; Guidelines for implementation of Customs Code updates published

law
News update
icon
Ukraine customs and trade news: October/November 2024
30-11-2024

News at a glance: Export security regime for certain types of agricultural products introduced; Ukrainian Customs Decision System pilot project launched; Automated processing of customs declarations launched; Summary of 2-year journey of Ukraine's use of NTCS; Guidelines for implementation of Customs Code updates published

law
Topic spotlight
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Interview: Why Politicians Lie About Trade... and What You Need to Know about It
24-11-2024

Dmitry Grozoubinski is a recognized authority on international trade policy and the author of “Why Politicians Lie About Trade”. The book is an accessible guide to how international trade really works. It gives voters a peak behind the curtain, and equips them with the tools to ask the right questions of those in power promising miracles or warning of disasters. In an interview with CustomsClear’s Anna Jerzewska, Dmitry talks about his book and experience venturing into the world of customs.

Dmitry Grozoubinski

trade topics
Topic spotlight
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Interview: Why Politicians Lie About Trade... and What You Need to Know about It
24-11-2024

Dmitry Grozoubinski is a recognized authority on international trade policy and the author of “Why Politicians Lie About Trade”. The book is an accessible guide to how international trade really works. It gives voters a peak behind the curtain, and equips them with the tools to ask the right questions of those in power promising miracles or warning of disasters. In an interview with CustomsClear’s Anna Jerzewska, Dmitry talks about his book and experience venturing into the world of customs.

Dmitry Grozoubinski

trade topics
Topic spotlight
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Legislative purpose: the unwritten criterion in classifying goods
12-11-2024

The use of the ‘legislative purpose’ criterion in the classification of goods (i.e. whether the product should be taxed or not) leads to a lack of uniformity and undermines the principle underlying the HS Convention. Therefore, it is proposed to minimize the use of the ‘legislative purpose’ criterion and to return to the traditional classification rules of the World Customs Organization Harmonized System Convention. The article below is a short version of the full article, which has been published in the World Customs Journal, 2024, Issue 18(2). Publication of the short version with a reference to the full version was approved by the WCJ.

Omer Wagner

classification
Topic spotlight
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Legislative purpose: the unwritten criterion in classifying goods
12-11-2024

The use of the ‘legislative purpose’ criterion in the classification of goods (i.e. whether the product should be taxed or not) leads to a lack of uniformity and undermines the principle underlying the HS Convention. Therefore, it is proposed to minimize the use of the ‘legislative purpose’ criterion and to return to the traditional classification rules of the World Customs Organization Harmonized System Convention. The article below is a short version of the full article, which has been published in the World Customs Journal, 2024, Issue 18(2). Publication of the short version with a reference to the full version was approved by the WCJ.

Omer Wagner

classification
Case law
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EU regulations do not have a retroactive effect, but the measures they repeal do
10-11-2024

Do EU rules have a retroactive effect? There is no clear answer to this question. It has been the subject of a number of rulings by the Court of Justice of the EU in relation to specific acts and situations. This article reviews one of the recent CJEU's judgments on this issue. It concerns the retroactive application of anti-dumping duties when they have already been repealed.

Dr Ilona Mishchenko

duties, taxes, law
Case law
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EU regulations do not have a retroactive effect, but the measures they repeal do
10-11-2024

Do EU rules have a retroactive effect? There is no clear answer to this question. It has been the subject of a number of rulings by the Court of Justice of the EU in relation to specific acts and situations. This article reviews one of the recent CJEU's judgments on this issue. It concerns the retroactive application of anti-dumping duties when they have already been repealed.

Dr Ilona Mishchenko

duties, taxes, law
Topic spotlight
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Cyber-surveillance: new Commission guidelines
06-11-2024

New Commission guidelines for cyber-surveillance exporters were published on 16 October 2024. The new guidelines aim to make EU controls “more effective and consistent across Member States”. The information provided by the Commission is not new but offers a clarification on how controls should be carried out by traders. They assist EU exporters in navigating export controls for cyber-surveillance items by providing a step-by-step approach to transaction screening.

Sabine van Osenbrüggen

export control, sanctions
Topic spotlight
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Cyber-surveillance: new Commission guidelines
06-11-2024

New Commission guidelines for cyber-surveillance exporters were published on 16 October 2024. The new guidelines aim to make EU controls “more effective and consistent across Member States”. The information provided by the Commission is not new but offers a clarification on how controls should be carried out by traders. They assist EU exporters in navigating export controls for cyber-surveillance items by providing a step-by-step approach to transaction screening.

Sabine van Osenbrüggen

export control, sanctions
News update
icon
UK customs and trade news: October 2024
03-11-2024

News in brief: safety and security declarations, reduced data set and Single Window delayed. UK Carbon Border Adjustment Mechanism (CBAM) consultation response and plastic packaging tax consultation response published. Two new Tariff notices issued. New guidance on internal market movements from Great Britain to Northern Ireland. New guidance on preventing Russian export control and sanctions evasion. Trade remedies notices: registration of imports of biodiesel originating from China. Trade remedies notices: registration of imports of certain engine oils and hydraulic fluids from Lithuania and the United Arab Emirates (UAE). Tobacco Duty: changes to rates from 30 October 2024. Postponement of the Tariff Data Structure – Autonomous Suspensions.

law
News update
icon
UK customs and trade news: October 2024
03-11-2024

News in brief: safety and security declarations, reduced data set and Single Window delayed. UK Carbon Border Adjustment Mechanism (CBAM) consultation response and plastic packaging tax consultation response published. Two new Tariff notices issued. New guidance on internal market movements from Great Britain to Northern Ireland. New guidance on preventing Russian export control and sanctions evasion. Trade remedies notices: registration of imports of biodiesel originating from China. Trade remedies notices: registration of imports of certain engine oils and hydraulic fluids from Lithuania and the United Arab Emirates (UAE). Tobacco Duty: changes to rates from 30 October 2024. Postponement of the Tariff Data Structure – Autonomous Suspensions.

law
News update
icon
EU customs and trade news: October 2024
03-11-2024

News in week 44: Combined Nomenclature 2025; WCO exploratory study on the possible strategic review of the HS; definitive countervailing duties on imports of electric vehicles; initiation of an anti-dumping proceeding concerning imports of choline chloride; EU-Colombia, Peru trade agreement - next step; CBAM updated documents; Commission opens formal proceedings against Temu.

law
News update
icon
EU customs and trade news: October 2024
03-11-2024

News in week 44: Combined Nomenclature 2025; WCO exploratory study on the possible strategic review of the HS; definitive countervailing duties on imports of electric vehicles; initiation of an anti-dumping proceeding concerning imports of choline chloride; EU-Colombia, Peru trade agreement - next step; CBAM updated documents; Commission opens formal proceedings against Temu.

law
Topic spotlight
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Data challenges in classification and the role of AI in data
29-10-2024

Everyone knows how crucial accurate customs classification is to global trade compliance. In this article, the author explores the importance of accurate data in customs classification, which data matters, and how to trust the data you are working with. She also explores the evolving role that Artificial Intelligence (AI) can play in assigning tariff codes now and potentially in the future.

Elizabeth Davies

classification
Topic spotlight
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Data challenges in classification and the role of AI in data
29-10-2024

Everyone knows how crucial accurate customs classification is to global trade compliance. In this article, the author explores the importance of accurate data in customs classification, which data matters, and how to trust the data you are working with. She also explores the evolving role that Artificial Intelligence (AI) can play in assigning tariff codes now and potentially in the future.

Elizabeth Davies

classification
Perspective
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EU sanctions system and the new Customs Code
27-10-2024

The topic of sanctions is of particular importance in EU Customs Law, as sanctions are relevant tools for ensuring the proper enforcement of the latter in EU Member States. In this regard, the Proposal of 17 May 2023 for a Regulation of the European Parliament and of the Council establishing the Union Customs Code and the European Union Customs Authority, and repealing Regulation (EU) No 952/2013, highlights the negative effects of the lack of harmonization in terms of customs sanctions. It is emphasized therein that customs penalties vary greatly across Member States and are subject to evolution over time; in addition, the significant divergences between Member States in the application of sanctions against breaches of customs legislation can lead to a distortion of competition, loopholes and “customs shopping”.

Prof Fabrizio Vismara

violations
Perspective
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EU sanctions system and the new Customs Code
27-10-2024

The topic of sanctions is of particular importance in EU Customs Law, as sanctions are relevant tools for ensuring the proper enforcement of the latter in EU Member States. In this regard, the Proposal of 17 May 2023 for a Regulation of the European Parliament and of the Council establishing the Union Customs Code and the European Union Customs Authority, and repealing Regulation (EU) No 952/2013, highlights the negative effects of the lack of harmonization in terms of customs sanctions. It is emphasized therein that customs penalties vary greatly across Member States and are subject to evolution over time; in addition, the significant divergences between Member States in the application of sanctions against breaches of customs legislation can lead to a distortion of competition, loopholes and “customs shopping”.

Prof Fabrizio Vismara

violations
Topic spotlight
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X marks the spot
20-10-2024

This article talks about the meaning of “ex” before commodity codes listed under Annex I of the EU Deforestation Regulation. With confusion around the interpretation of these codes, it’s one of the points that would need to be clarified before the Regulation can be implemented.

Bert Van Leeuwen

law, sustainability
Topic spotlight
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X marks the spot
20-10-2024

This article talks about the meaning of “ex” before commodity codes listed under Annex I of the EU Deforestation Regulation. With confusion around the interpretation of these codes, it’s one of the points that would need to be clarified before the Regulation can be implemented.

Bert Van Leeuwen

law, sustainability
Country update
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Supervision costs to make a foodstuff "Kosher" are dutiable in Israel
13-10-2024

Customs valuation disputes are very common worldwide. In Israel, valuation disputes concerning foodstuff supervision costs were resolved few years ago, in favour of the State. It was ruled that these supervision costs are inseparable from the goods value, and therefore dutiable.

Omer Wagner

valuation
Country update
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Supervision costs to make a foodstuff "Kosher" are dutiable in Israel
13-10-2024

Customs valuation disputes are very common worldwide. In Israel, valuation disputes concerning foodstuff supervision costs were resolved few years ago, in favour of the State. It was ruled that these supervision costs are inseparable from the goods value, and therefore dutiable.

Omer Wagner

valuation
Perspective
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Presentation on the UCC reform proposal in the Council
04-10-2024

In this article, the author outlines the content of his presentation and the subsequent questions and answers session during the meeting of the Council's Customs Union Working Group (CUG) on 19 September 2024, in Brussels. The author was invited by the Hungarian Presidency as a customs law expert.

Michael Lux

law
Perspective
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Presentation on the UCC reform proposal in the Council
04-10-2024

In this article, the author outlines the content of his presentation and the subsequent questions and answers session during the meeting of the Council's Customs Union Working Group (CUG) on 19 September 2024, in Brussels. The author was invited by the Hungarian Presidency as a customs law expert.

Michael Lux

law
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