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.
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
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
Dear Reader,
All eyes are on the US, and it’s all about new regulation (tariffs) and deregulation (E. Musk and DOGE). We invite you to follow updates on US tariffs in our customs and trade news, while deregulation, a topic I would nominate as the theme of 2025, deserves special attention. This is particularly relevant for the EU, especially considering the words Ericsson's CEO said in Davos (World Economic Forum). He remarked that the focus on regulation is driving Europe into irrelevance. He believes it is on its way to becoming a museum: great food, great architecture, great scenery and great wine, but no more industry.
The United Kingdom is facing similar challenges. As The Economist highlights in its article series ‘The Revolt Against Regulation’: "In 2010, Britain set up an Office of Tax Simplification, which stood by helplessly as the tax code expanded. In 2023, the government abolished not all its byzantine tax rules, but the OTS."
How can we address the proliferation of rules? We believe that the most pragmatic approach is to pursue technological solutions, foster innovation, and, most crucially, ensure action and implementation. Regarding implementation, in addition to the sheer increase in regulations, we should also acknowledge the widening gap between regulation and its practical execution as a significant problem.
Someone once said that the flood of e-commerce is so overwhelming (for customs) that every small innovation matters. The same applies to regulation. We should begin with small but swift steps, such as the structural reform plans introduced by Javier Milei, the President of Argentina, who claims to have already taken 800 steps to cut red tape. Furthermore, we should not wait for the EU or other governments to act; anyone can take the initiative, including companies, authorities and policymakers, as demonstrated in our article “On the benefits of AI for society and a use case in customs”.
We invite you to explore the articles in this issue, particularly from the perspective of reducing red tape. Has the recent CJEU judgment in the Harley-Davidson case helped facilitate the application of non-preferential origin rules? Should the UK join the PEM Convention to simplify bureaucracy in international trade? And what about US laws with extraterritorial effect? These are just a few questions to consider while reading this issue, leading one to wonder whether the ‘rule of law’ has been lost somewhere in the corridors of bureaucracy, where regulations continue to multiply unchecked. (For context, US federal regulations now exceed 180,000 pages, up from 20,000 in the early 1960s; in the past five years alone, the European Parliament has passed more than twice as many laws as the US.)
Ultimately, behind every rule and every technology, there is human intent. Our focus should be on enhancing human intelligence to create better regulations, ensure high-quality implementation and address the many challenges ahead. We hope that the CCRM contributes to the growing professionalism in customs.
Enjoy your reading!
Enrika Naujoke
Member of the Editorial Board
News in brief: tariff notices; preparation for upcoming changes under the Windsor Framework; trade remedies notices; end of the Modernising Authorisations project; Russian sanctions evasion; … safety and security declaration requirements for importing goods from the EU; first Customs Technical Handbooks have been published.
News in brief: tariff notices; preparation for upcoming changes under the Windsor Framework; trade remedies notices; end of the Modernising Authorisations project; Russian sanctions evasion; safety and security declaration requirements for importing goods from the EU; first Customs Technical Handbooks have been published.
The 25th Authors' Meeting brought together customs experts from different countries to discuss challenges and trends in Authorised Economic Operator (AEO) and equivalent programmes. This article … deals with the main findings of the meeting participants, covering both general and country-specific contributions to the topic, with an emphasis on the EU context.
The 25th Authors' Meeting brought together customs experts from different countries to discuss challenges and trends in Authorised Economic Operator (AEO) and equivalent programmes. This article deals with the main findings of the meeting participants, covering both general and country-specific contributions to the topic, with an emphasis on the EU context.
News at a glance: revised PEM Convention entered into force; lists of goods subject to licensing and quotas approved for 2025; rules for importing goods subject to official controls updated; … state control of non-food products resumed; Import duty exemptions for defence-related goods; gradual annual increases in excise duties on fuels; priority border crossing for AEOs.
News at a glance: revised PEM Convention entered into force; lists of goods subject to licensing and quotas approved for 2025; rules for importing goods subject to official controls updated; state control of non-food products resumed; Import duty exemptions for defence-related goods; gradual annual increases in excise duties on fuels; priority border crossing for AEOs.
News in week 5: the US launches a trade war by imposing tariffs on Mexican, Canadian and Chinese goods, and Canada announces tariffs of 25% on US goods; EU plans to impose additional tariffs … on agricultural products and fertilisers from Russia and Belarus; imports of screws without heads subject to registration; amendments to the anti-dumping exemptions for certain bicycle parts; changes to tariff quotas following the EU-Chile ITA; amendment of the Convention on a common transit procedure; Georgia accedes to two Conventions; amendments to the Explanatory notes to the Combined Nomenclature; CJEU on classification of a four-wheel vehicle with an electric motor, which has one seat; and more updates!
News in week 5: the US launches a trade war by imposing tariffs on Mexican, Canadian and Chinese goods, and Canada announces tariffs of 25% on US goods; EU plans to impose additional tariffs on agricultural products and fertilisers from Russia and Belarus; imports of screws without heads subject to registration; amendments to the anti-dumping exemptions for certain bicycle parts; changes to tariff quotas following the EU-Chile ITA; amendment of the Convention on a common transit procedure; Georgia accedes to two Conventions; amendments to the Explanatory notes to the Combined Nomenclature; CJEU on classification of a four-wheel vehicle with an electric motor, which has one seat; and more updates!
It is no secret that non-preferential origin can actually be more difficult to determine than preferential origin. The importance of non-preferential origin, in the age of new trade wars and … border-applied sustainability policies is increasing. For that reason, the recent judgement by the Court of Justice of the European Union (CJEU) in the Harley-Davidson Europe and Neovia Logistics Services International v. Commission case is particularly interesting.
Dr Anna Jerzewska
It is no secret that non-preferential origin can actually be more difficult to determine than preferential origin. The importance of non-preferential origin, in the age of new trade wars and border-applied sustainability policies is increasing. For that reason, the recent judgement by the Court of Justice of the European Union (CJEU) in the Harley-Davidson Europe and Neovia Logistics Services International v. Commission case is particularly interesting.
Dr Anna Jerzewska
The use of sanctions and export controls as a strategic tool to ensure global security has gained prominence in the face of geopolitical shifts. Recent developments highlight the European Union’s … (EU) efforts to tighten restrictions on dual-use goods and advanced technology items through its anti-circumvention legal tools. This was particularly in response to China's and other third countries' alleged support for Russia's military-industrial base. This article outlines the key focus areas in the EU's evolving export controls and other measures in light of the 15th sanctions package adopted in December 2024.
Christelle Dubouchet
The use of sanctions and export controls as a strategic tool to ensure global security has gained prominence in the face of geopolitical shifts. Recent developments highlight the European Union’s (EU) efforts to tighten restrictions on dual-use goods and advanced technology items through its anti-circumvention legal tools. This was particularly in response to China's and other third countries' alleged support for Russia's military-industrial base. This article outlines the key focus areas in the EU's evolving export controls and other measures in light of the 15th sanctions package adopted in December 2024.
Christelle Dubouchet
In the US, the law allows an importer to contest adverse decisions on their customs entries for a number of reasons including differences in appraised value, classification and rate of duty, … exclusion from entry and refusal to pay a drawback claim. Anyone who either advises importers or directly pursues what they believe have been incorrect trade decisions made by U.S. Customs and Protection (CBP) knows that the processes can not only be frustrating but also prohibitively expensive.
Ira Reese
In the US, the law allows an importer to contest adverse decisions on their customs entries for a number of reasons including differences in appraised value, classification and rate of duty, exclusion from entry and refusal to pay a drawback claim. Anyone who either advises importers or directly pursues what they believe have been incorrect trade decisions made by U.S. Customs and Protection (CBP) knows that the processes can not only be frustrating but also prohibitively expensive.
Ira Reese
This article deals with legal changes in relation to the criterion of financial solvency that were introduced in 2018 but have not yet been noticed by many traders and taken into account by some … customs authorities. These changes allow for a more flexible approach to the assessment of economic operators' financial solvency when authorisations for a reduction or waiver of a comprehensive guarantee are requested or to be maintained.
Michael Lux
This article deals with legal changes in relation to the criterion of financial solvency that were introduced in 2018 but have not yet been noticed by many traders and taken into account by some customs authorities. These changes allow for a more flexible approach to the assessment of economic operators' financial solvency when authorisations for a reduction or waiver of a comprehensive guarantee are requested or to be maintained.
Michael Lux
The American export control authority, the Bureau of Industry and Security, has published an updated version of “Don't let this happen to you!” - an introduction to the consequences of violating … US export control law. As a European company, you may wonder why this should concern you. This is due to the unique nature of US export control laws, which apply extraterritorially. In this overview, we provide a brief summary of some important aspects and practical examples of infringements.
Sabine van Osenbrüggen
The American export control authority, the Bureau of Industry and Security, has published an updated version of “Don't let this happen to you!” - an introduction to the consequences of violating US export control law. As a European company, you may wonder why this should concern you. This is due to the unique nature of US export control laws, which apply extraterritorially. In this overview, we provide a brief summary of some important aspects and practical examples of infringements.
Sabine van Osenbrüggen
Whenever the topic of the Trade and Cooperation Agreement (TCA) review comes up, the Pan-European Mediterranean (PEM) origin cumulation zone is one of the topics mentioned as potentially in scope. … Recently, several reports and organizations have included rejoining PEM as one of the recommendations for the new Government. Rejoining PEM is indeed one of the steps that could improve market access for products from all industries that could be done within the current format of the TCA. It could also be done without changing the essential character of the relationships, i.e. one based on a simple and fairly basic trade agreement.
Dr Anna Jerzewska
Whenever the topic of the Trade and Cooperation Agreement (TCA) review comes up, the Pan-European Mediterranean (PEM) origin cumulation zone is one of the topics mentioned as potentially in scope. Recently, several reports and organizations have included rejoining PEM as one of the recommendations for the new Government. Rejoining PEM is indeed one of the steps that could improve market access for products from all industries that could be done within the current format of the TCA. It could also be done without changing the essential character of the relationships, i.e. one based on a simple and fairly basic trade agreement.
Dr Anna Jerzewska
Nobody likes to be penalised - whether you are an importer, a customs broker, or just a driver taking goods across the border. The penalty is a negative consequence for any person who has committed … the offence. It is clear when a person deliberately does something illegal to benefit from it. But what about those who do not intend to break the law but do so inadvertently? Do the negative consequences only affect the person who directly committed the offence? This article seeks to answer these and other questions about the penalties for customs offences in the EU.
Dr Ilona Mishchenko
Nobody likes to be penalised - whether you are an importer, a customs broker, or just a driver taking goods across the border. The penalty is a negative consequence for any person who has committed the offence. It is clear when a person deliberately does something illegal to benefit from it. But what about those who do not intend to break the law but do so inadvertently? Do the negative consequences only affect the person who directly committed the offence? This article seeks to answer these and other questions about the penalties for customs offences in the EU.
Dr Ilona Mishchenko
"Happy New Year!" I started a conversation with an AI assistant on the Customs website. "Happy New Year! If you have any questions about customs rules or procedures, I will be happy to help" … it replied. On the last day of 2024, Lithuanian Customs in cooperation with CustomsClear, deployed the AI assistant solution for public use. It is now available to visitors of the Lithuanian Customs website at www.lrmuitine.lt. So far, it covers one topic relevant to the festive period: e-commerce. The number of topics will increase in the future.
Enrika Naujokė
"Happy New Year!" I started a conversation with an AI assistant on the Customs website. "Happy New Year! If you have any questions about customs rules or procedures, I will be happy to help" it replied. On the last day of 2024, Lithuanian Customs in cooperation with CustomsClear, deployed the AI assistant solution for public use. It is now available to visitors of the Lithuanian Customs website at www.lrmuitine.lt. So far, it covers one topic relevant to the festive period: e-commerce. The number of topics will increase in the future.
Enrika Naujokė
News in brief: UK joins CPTPP; the General Product Safety Regulation and impact on Northern Ireland; Geographical indications for 39 British food and drink products in Japan; UK Tariff 2025; … countries eligible for approved exporter status; the Customs (Tariff and Miscellaneous Amendments) No. 3 and No. 4; preparations for the end of the safety and security declarations waiver; notice to exporters 2024/30; Belarus sanctions; trade remedies notices and tariff notices.
News in brief: UK joins CPTPP; the General Product Safety Regulation and impact on Northern Ireland; Geographical indications for 39 British food and drink products in Japan; UK Tariff 2025; countries eligible for approved exporter status; the Customs (Tariff and Miscellaneous Amendments) No. 3 and No. 4; preparations for the end of the safety and security declarations waiver; notice to exporters 2024/30; Belarus sanctions; trade remedies notices and tariff notices.
News in weeks 51 and 52: 15th package of restrictive measures against Russia and Belarus; Interim Agreement on trade between the EU and Chile; Georgia to join the Common Transit Convention; preparation … for the entry into force of the Revised PEM Convention on 1 January 2025; CBAM upcoming changes at the beginning of 2025; EUDR application postponed by 12 months; new EU rules on sustainable packaging; CJEU on the interpretation of the Article 15 and Article 42(1) and (2) of the UCC; classification of facial wipes packaged for retail sale, unfilled seating bag (so-called beanbag) and hard metal sticks made of cermets; suspension of the Common Customs Tariff duties on certain products; amendments to autonomous tariff quotas; review of steel safeguard to protect EU steel industry; safeguard investigation into imports of alloys; anti-dumping duty on seamless pipes and tubes; definitive anti-dumping duty on optical fibre cables; and more news!
News in weeks 51 and 52: 15th package of restrictive measures against Russia and Belarus; Interim Agreement on trade between the EU and Chile; Georgia to join the Common Transit Convention; preparation for the entry into force of the Revised PEM Convention on 1 January 2025; CBAM upcoming changes at the beginning of 2025; EUDR application postponed by 12 months; new EU rules on sustainable packaging; CJEU on the interpretation of the Article 15 and Article 42(1) and (2) of the UCC; classification of facial wipes packaged for retail sale, unfilled seating bag (so-called beanbag) and hard metal sticks made of cermets; suspension of the Common Customs Tariff duties on certain products; amendments to autonomous tariff quotas; review of steel safeguard to protect EU steel industry; safeguard investigation into imports of alloys; anti-dumping duty on seamless pipes and tubes; definitive anti-dumping duty on optical fibre cables; and more news!
In their recent report, the World Customs Organization (WCO) proposed a new methodology for classifying and comparing product-specific rules of origin between agreements. This new conceptual … tool: the "drafting complexity index" (DCI) was used to provide insights into rules for automotive and textile sectors.
Guillaume Gerout
In their recent report, the World Customs Organization (WCO) proposed a new methodology for classifying and comparing product-specific rules of origin between agreements. This new conceptual tool: the "drafting complexity index" (DCI) was used to provide insights into rules for automotive and textile sectors.
Guillaume Gerout
Overpayment of customs duties or other import duties can be a major burden for importers. There can be various reasons for overpayments, e.g. disputes over classification, valuation, origin, … etc. Reclaiming these duties from customs authority can be a lengthy and expensive process. The outcome is, of course, unpredictable. In Israel, there is an additional obstacle between the importer and the refund, the so-called ‘passing-on’ condition. This is not unique to Israel, but does not exist in the EU.
Omer Wagner
Overpayment of customs duties or other import duties can be a major burden for importers. There can be various reasons for overpayments, e.g. disputes over classification, valuation, origin, etc. Reclaiming these duties from customs authority can be a lengthy and expensive process. The outcome is, of course, unpredictable. In Israel, there is an additional obstacle between the importer and the refund, the so-called ‘passing-on’ condition. This is not unique to Israel, but does not exist in the EU.
Omer Wagner
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