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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

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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 

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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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All EU law Case law A coffee break with... Classification Valuation Origin Sustainability Import taxes Customs procedures Overviews and comments Compliance Online tools and resources Non-tariff measures EU - UK trade Country-specific Knowledge Filling out the customs declaration Career as a customs specialist Collaboration Students' section
EU law
Case law
A coffee break with...
Classification
Valuation
Origin
Sustainability
Import taxes
Customs procedures
Overviews and comments
Compliance
Online tools and resources
Non-tariff measures
EU - UK trade
Country-specific
Knowledge
Filling out the customs declaration
Career as a customs specialist
Collaboration
Students' section
en
CJEU guidelines on the selection of identical or similar goods for determining the customs value
20-07-2022

Customs administration shall exercise due care in analysing the facts, gathering information and evidence for the use of each of the alternative methods for determining the customs value. This … includes the duty of the customs authorities to consult all the information sources and databases available to them. Are customs authorities obliged to check information systems maintained by the EU? May identical or similar imports (which have not been challenged) of the same trader be excluded? What is the period, in which identical or similar imports are considered to be ‘made at the same or around the same time’? We look at the CJEU's answers to these questions.

Georgi Goranov

€
valuation
en
CJEU guidelines on the selection of identical or similar goods for determining the customs value
20-07-2022

Customs administration shall exercise due care in analysing the facts, gathering information and evidence for the use of each of the alternative methods for determining the customs value. This includes the duty of the customs authorities to consult all the information sources and databases available to them. Are customs authorities obliged to check information systems maintained by the EU? May identical or similar imports (which have not been challenged) of the same trader be excluded? What is the period, in which identical or similar imports are considered to be ‘made at the same or around the same time’? We look at the CJEU's answers to these questions.

Georgi Goranov

€
valuation
en
Mission possible: how the WTO Valuation Agreement strikes a balance between trade facilitation and customs regulation
17-07-2022

Customs valuation is one of the largest challenges in international trade. That is why the rules of customs valuation are set out in an international treaty. On the one hand, this is aimed at … harmonizing the valuation rules, while on the other hand, it is aimed at protecting economic operators from the arbitrariness of the authorities and, ultimately, at helping traders. Does it really work in practice, and does it serve both public and private interests in international trade? In the article, the peculiarities of customs valuation are highlighted, which are especially important to consider for those who deal with developing and least-developed countries.

Rizwan Mahmood

€
law international, valuation
en
Mission possible: how the WTO Valuation Agreement strikes a balance between trade facilitation and customs regulation
17-07-2022

Customs valuation is one of the largest challenges in international trade. That is why the rules of customs valuation are set out in an international treaty. On the one hand, this is aimed at harmonizing the valuation rules, while on the other hand, it is aimed at protecting economic operators from the arbitrariness of the authorities and, ultimately, at helping traders. Does it really work in practice, and does it serve both public and private interests in international trade? In the article, the peculiarities of customs valuation are highlighted, which are especially important to consider for those who deal with developing and least-developed countries.

Rizwan Mahmood

€
law international, valuation
en
A coffee break with… Michael Lux
10-07-2022

If you had the chance to talk to an expert who was working on the Union Customs Code (UCC), what would you ask? … Questions we asked: What your suggestions do we find in the UCC? What are you … especially proud of about the UCC? What could have been done differently? What would be your advice for the users of the UCC? And more! Grab cup of coffee and enjoy our interview with Michael Lux.

Michael Lux, Enrika Naujokė

knowledge management, law
en
A coffee break with… Michael Lux
10-07-2022

If you had the chance to talk to an expert who was working on the Union Customs Code (UCC), what would you ask? … Questions we asked: What your suggestions do we find in the UCC? What are you especially proud of about the UCC? What could have been done differently? What would be your advice for the users of the UCC? And more! Grab cup of coffee and enjoy our interview with Michael Lux.

Michael Lux, Enrika Naujokė

knowledge management, law
en
Customs broker’s profession: national peculiarities in the EU
10-07-2022

The importance of the customs broker’s profession (also called ‘customs representatives’, ‘customs agents’) is growing in the supply chain. In the complex and ever-changing legal, technological, … and geopolitical environment, they serve traders, customs and society by acting as a trade compliance checkpoint before submitting data to customs. Knowledge and ethical requirements are very high; therefore, the standardisation theme is topical. We look at some standards and provide an overview of the national differences of several EU member states and share some related thoughts.

Assoc Prof Dr Momchil Antov, Enrika Naujokė, Athanassios Pantazis

€
customs brokers
en
Customs broker’s profession: national peculiarities in the EU
10-07-2022

The importance of the customs broker’s profession (also called ‘customs representatives’, ‘customs agents’) is growing in the supply chain. In the complex and ever-changing legal, technological, and geopolitical environment, they serve traders, customs and society by acting as a trade compliance checkpoint before submitting data to customs. Knowledge and ethical requirements are very high; therefore, the standardisation theme is topical. We look at some standards and provide an overview of the national differences of several EU member states and share some related thoughts.

Assoc Prof Dr Momchil Antov, Enrika Naujokė, Athanassios Pantazis

€
customs brokers
en
Customs Control Club: What customs should not be, what customs is today, and what customs should be tomorrow?
03-07-2022

This year, the D. A. Tsenov Academy of Economics created a Customs Control Club. The main idea of it is for students to understand why customs is an important factor in international trade and … what its significance is for the state and society. At the end of the first season, students were asked to write an essay on what customs should not be, what customs is today, and what customs should be tomorrow.

Neli Doinova, Bogomila Kadieva, Neirin Remzi, Isabella Alenina, Todor Doychev

knowledge management
en
Customs Control Club: What customs should not be, what customs is today, and what customs should be tomorrow?
03-07-2022

This year, the D. A. Tsenov Academy of Economics created a Customs Control Club. The main idea of it is for students to understand why customs is an important factor in international trade and what its significance is for the state and society. At the end of the first season, students were asked to write an essay on what customs should not be, what customs is today, and what customs should be tomorrow.

Neli Doinova, Bogomila Kadieva, Neirin Remzi, Isabella Alenina, Todor Doychev

knowledge management
en
Types of import and export declarations in the EU: have you set the code correctly?
30-06-2022

In the case of the import or export of goods, you will be required to enter one of the following codes in the first subdivision of box 1 of the Single Administrative Document (SAD): IM, EX, EU, … CO. These codes indicate the countries or territories to/from which the consignment is transported and the customs status of the goods. Let’s look at what the codes mean, and in what cases, which code should be used.

Zofija Pečiukonienė

€
customs declaration
en
Types of import and export declarations in the EU: have you set the code correctly?
30-06-2022

In the case of the import or export of goods, you will be required to enter one of the following codes in the first subdivision of box 1 of the Single Administrative Document (SAD): IM, EX, EU, CO. These codes indicate the countries or territories to/from which the consignment is transported and the customs status of the goods. Let’s look at what the codes mean, and in what cases, which code should be used.

Zofija Pečiukonienė

€
customs declaration
en
Ukraine customs-related news: June/July 2022
30-06-2022

News at a glance: cancellation of quotas and established licensing for export of rye and fertilisers; invitation to Ukraine to join the Convention on a common transit procedure and the Convention … on the simplification of formalities in trade in goods; expanded list of goods prohibited for export; EU and UK suspend import duties on Ukrainian goods; new rules of administrative responsibility for infringements of customs formalities; and more news.

Iryna Pavlenko, Oleg Kyryievskyi

law
en
Ukraine customs-related news: June/July 2022
30-06-2022

News at a glance: cancellation of quotas and established licensing for export of rye and fertilisers; invitation to Ukraine to join the Convention on a common transit procedure and the Convention on the simplification of formalities in trade in goods; expanded list of goods prohibited for export; EU and UK suspend import duties on Ukrainian goods; new rules of administrative responsibility for infringements of customs formalities; and more news.

Iryna Pavlenko, Oleg Kyryievskyi

law
en
Financial consequences of indirect customs representation mode in the EU
26-06-2022

According to Article 18 of the Union Customs Code (UCC), the customs representative may carry out customs formalities by direct or indirect representation. Regardless of the method of representation … chosen, the representation contract remains a mandate contract, which obliges the importer to guarantee the customs representative the payment of import duties and taxes incurred by the operation. The choice of the mode of representation, on the other hand, is important when the importer has disappeared (or become insolvent) and has left the customs representative alone to deal with customs. Indeed, if the representative has acted as an indirect representative, the administration can claim payment of the entire debt from him... except perhaps in the case of VAT, because, according to the CJEU, solidarity in VAT matters is not automatically established.

Anouck-Préscillia Biernaux

€
customs brokers
en
Financial consequences of indirect customs representation mode in the EU
26-06-2022

According to Article 18 of the Union Customs Code (UCC), the customs representative may carry out customs formalities by direct or indirect representation. Regardless of the method of representation chosen, the representation contract remains a mandate contract, which obliges the importer to guarantee the customs representative the payment of import duties and taxes incurred by the operation. The choice of the mode of representation, on the other hand, is important when the importer has disappeared (or become insolvent) and has left the customs representative alone to deal with customs. Indeed, if the representative has acted as an indirect representative, the administration can claim payment of the entire debt from him... except perhaps in the case of VAT, because, according to the CJEU, solidarity in VAT matters is not automatically established.

Anouck-Préscillia Biernaux

€
customs brokers
en
Can you appeal if you disagree with the CN code recommendation issued by the Customs Laboratory?
21-06-2022

You can ask the Customs Laboratory to classify your goods to double-check the commodity code you use or plan to use. However, the recommended product code might differ from yours, and you may … disagree with it. What should be done in such a case? Should you ignore the recommendation of the Customs Laboratory? Or is it better to appeal against it? And, in general, is it possible to appeal against such non-binding conclusions? The Supreme Administrative Court of Lithuania (SACL) clarified the latter issue.

Enrika Naujokė

€
classification
en
Can you appeal if you disagree with the CN code recommendation issued by the Customs Laboratory?
21-06-2022

You can ask the Customs Laboratory to classify your goods to double-check the commodity code you use or plan to use. However, the recommended product code might differ from yours, and you may disagree with it. What should be done in such a case? Should you ignore the recommendation of the Customs Laboratory? Or is it better to appeal against it? And, in general, is it possible to appeal against such non-binding conclusions? The Supreme Administrative Court of Lithuania (SACL) clarified the latter issue.

Enrika Naujokė

€
classification
en
Four common misconceptions in the relationship between importers and customs brokers
16-06-2022

Importers often try to avoid customs clearance processes, relying entirely on the customs broker. On the one hand, the broker is a customs expert, possesses relevant experience and, ultimately, … receives a commission for his/her work. It seems that the importer should not be involved in the processes managed by the customs broker. On the other hand, such self-exclusion can result in very unpleasant financial and reputational consequences. This article considers the most common misconceptions of importers in cooperation with customs brokers, which cause losses for both sides.

Peter Mitchell

€
customs brokers, risk management
en
Four common misconceptions in the relationship between importers and customs brokers
16-06-2022

Importers often try to avoid customs clearance processes, relying entirely on the customs broker. On the one hand, the broker is a customs expert, possesses relevant experience and, ultimately, receives a commission for his/her work. It seems that the importer should not be involved in the processes managed by the customs broker. On the other hand, such self-exclusion can result in very unpleasant financial and reputational consequences. This article considers the most common misconceptions of importers in cooperation with customs brokers, which cause losses for both sides.

Peter Mitchell

€
customs brokers, risk management
en
New on Access2Markets: export bans imposed by Russia and Belarus
05-06-2022

In response to EU and other countries’ sanctions, Russia and Belarus retaliated by imposing export bans on certain products to what were branded ‘unfriendly countries’. As a result, some products, … although not subject to EU import restrictions, cannot be imported because they cannot be taken out of the exporting country. So how can one learn which goods are restricted? Information on export prohibitions, restrictions and tariffs are now available on Access2Markets.

Enrika Naujokė

€
IT systems, databases
en
New on Access2Markets: export bans imposed by Russia and Belarus
05-06-2022

In response to EU and other countries’ sanctions, Russia and Belarus retaliated by imposing export bans on certain products to what were branded ‘unfriendly countries’. As a result, some products, although not subject to EU import restrictions, cannot be imported because they cannot be taken out of the exporting country. So how can one learn which goods are restricted? Information on export prohibitions, restrictions and tariffs are now available on Access2Markets.

Enrika Naujokė

€
IT systems, databases
en
A few remarks on the softness of soft law in the sphere of customs classification
31-05-2022

Customs classification rules are numerous, long and technically complex. No wonder both declarants and customs authorities seek guidance as to understanding these rules. This article outlines … the intricacies of hard and soft law aimed at facilitating the application of the classification provisions.

Prof Dr Krzysztof Lasiński-Sulecki

€
classification, law international
en
A few remarks on the softness of soft law in the sphere of customs classification
31-05-2022

Customs classification rules are numerous, long and technically complex. No wonder both declarants and customs authorities seek guidance as to understanding these rules. This article outlines the intricacies of hard and soft law aimed at facilitating the application of the classification provisions.

Prof Dr Krzysztof Lasiński-Sulecki

€
classification, law international
en
Payment of interest on returned sums that were unlawfully recovered by the customs authorities in the EU Member States and their assessment by the EU courts
31-05-2022

In business practice, the customs authorities often recover from the traders (business entities) (or sometimes – refuse to pay to these persons) various duties, charges, levies, or sanctions … administered by them, even though such recovery or refusing to pay them at the later date may be declared illegal, contrary to the EU law, e.g. by national courts. Accordingly, in such a situation the question arises whether such wrongly recovered and/or paid sums (customs duties, other charges, penalties) administered by the customs authorities in the EU Member States must be repaid together with additionally calculated interest for the period during which the person concerned was unlawfully deprived of the relevant sums of money? The article analyses how such issues should be addressed in the light of recent case law of the European Court of Justice (CJEU).

Dr. Gediminas Valantiejus

€
duties, taxes, violations
en
Payment of interest on returned sums that were unlawfully recovered by the customs authorities in the EU Member States and their assessment by the EU courts
31-05-2022

In business practice, the customs authorities often recover from the traders (business entities) (or sometimes – refuse to pay to these persons) various duties, charges, levies, or sanctions administered by them, even though such recovery or refusing to pay them at the later date may be declared illegal, contrary to the EU law, e.g. by national courts. Accordingly, in such a situation the question arises whether such wrongly recovered and/or paid sums (customs duties, other charges, penalties) administered by the customs authorities in the EU Member States must be repaid together with additionally calculated interest for the period during which the person concerned was unlawfully deprived of the relevant sums of money? The article analyses how such issues should be addressed in the light of recent case law of the European Court of Justice (CJEU).

Dr. Gediminas Valantiejus

€
duties, taxes, violations
en
What strategies may EU traders use to overcome trade barriers?
31-05-2022

Recently, the European Commission (EC) terminated the examination procedure concerning obstacles to trade applied by Mexico (see Commission implementing decision (EU) 2022/161, 3.2.2022). This … was because the dispute regarding Tequila export licenses was resolved in favour of EU exports by domestic courts in Mexico. The example reveals that exporters can cope with trade barriers in several ways: in courts, and through complaints to the EC.

Dr. Ilona Mishchenko

€
law international, restrictions, trade barriers, trade policy
en
What strategies may EU traders use to overcome trade barriers?
31-05-2022

Recently, the European Commission (EC) terminated the examination procedure concerning obstacles to trade applied by Mexico (see Commission implementing decision (EU) 2022/161, 3.2.2022). This was because the dispute regarding Tequila export licenses was resolved in favour of EU exports by domestic courts in Mexico. The example reveals that exporters can cope with trade barriers in several ways: in courts, and through complaints to the EC.

Dr. Ilona Mishchenko

€
law international, restrictions, trade barriers, trade policy
en
Ukraine customs-related news: April/May 2022
31-05-2022

News at a glance: the ban on the export of Ukrainian agricultural products during martial law; the limitation of foreign currency transactions for import operations; USA: temporary suspension … of tariffs on Ukrainian steel; UK: agreement on “cutting” tariffs on all goods from Ukraine to zero; EU: 'Solidarity Lanes' for Ukrainian agro-products; common transit in Ukraine: first special transit simplification; FTA between Ukraine and Moldova: amendments on applying PEM; EU: a one-year suspension of EU import duties on all Ukrainian exports.

Iryna Pavlenko, Oleg Kyryievskyi

law
en
Ukraine customs-related news: April/May 2022
31-05-2022

News at a glance: the ban on the export of Ukrainian agricultural products during martial law; the limitation of foreign currency transactions for import operations; USA: temporary suspension of tariffs on Ukrainian steel; UK: agreement on “cutting” tariffs on all goods from Ukraine to zero; EU: 'Solidarity Lanes' for Ukrainian agro-products; common transit in Ukraine: first special transit simplification; FTA between Ukraine and Moldova: amendments on applying PEM; EU: a one-year suspension of EU import duties on all Ukrainian exports.

Iryna Pavlenko, Oleg Kyryievskyi

law
en
EU law news: April/May 2022
29-05-2022

News in week 21: an updated version of the guidance document on the Registered Exporter (REX) system; regulations concerning anti-dumping and/or countervailing duties on imports of certain iron … or steel fasteners originating in China, woven and/or stitched glass fibre fabrics originating in China and Egypt, and electrolytic chromium coated steel products originating in China and Brazil.

€
law
en
EU law news: April/May 2022
29-05-2022

News in week 21: an updated version of the guidance document on the Registered Exporter (REX) system; regulations concerning anti-dumping and/or countervailing duties on imports of certain iron or steel fasteners originating in China, woven and/or stitched glass fibre fabrics originating in China and Egypt, and electrolytic chromium coated steel products originating in China and Brazil.

€
law
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