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Journal

About the journal

Dear Reader,

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

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

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

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

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

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

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

Terms and conditions

Terms and Conditions

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

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

Remuneration. LCPA is a non-profit body. Editorial board membership is organized on a non-remunerated basis, conferring honorary status. The revenue is intended to cover the publishing costs.

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

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

Contactinfo@lcpa.lt  

Information for authors

Information for Authors

Writing an article is a great way to share your knowledge 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 grant access to all articles of the issue, in which your article is published, and invite you to meet other authors in bimonthly online meetings. The ISSN 2669-2171 number can be used for academic purposes.

Reader

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

Language 

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

Structure and length

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

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

Author’s profile

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

Note

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

Contacts

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

Dear Readers, 

Time flies. This especially holds true for the ongoing COVID-19 crisis situation. The European Union currently seems to slightly have overcome the worst as regards the number of cases. What is expected to follow now are the short- to medium-term impacts on the economy. Today, you already can read the second edition of this new Journal Customs Compliance & Risk Management, which started just with the outbreak of the pandemic in Europe. It aims to provide practitioners in foreign trade with valuable information to manage their everyday business. In this edition, you will find a bunch of articles on various relevant topics. A hot one is the still unclear future relationship between the United Kingdom and the European Union. Dr David Savage illuminates in his article also the history of the Irish frontier situation. Different views of the EU and the UK with regard to the interpretation of the Ireland/ Northern Ireland Protocol of the withdrawal agreement may have the potential to become a real stopper in the ongoing negotiations. 

In his article ‘Problematic areas of the application of customs duties in the international trade between the EU and Republic of India: tax disputes arising in the EU and its Member States (Lithuania)’ Dr Gediminas Valantiejus follows an interesting approach to evaluate regulatory problems faced by economic operators in trade between the EU and India by analysing ECJ and Lithuanian case law on trade disputes since 2006. 

Further topics are inter alia tariff classification, the procedure 42 in Lithuania, customs supervision and IPR, customs infringements and sanctions, and the Incoterms© 2020 edition. 

Enjoy reading and leave us your feedback under info@lcpa.lt

Anna Gayk
Member of the Editorial Board

en
EU Law: May 2020
29-05-2020

We overview customs-related legal acts, information, and notices published in the Official Journal of the EU. There was news related to Brexit, Covid-19, the tariff classification of certain goods, preferential origin, duties, antidumping and countervailing duties, and non-tariff measures.

Customs Practitioners Association

national legislation
en
EU Law: May 2020
29-05-2020

We overview customs-related legal acts, information, and notices published in the Official Journal of the EU. There was news related to Brexit, Covid-19, the tariff classification of certain goods, preferential origin, duties, antidumping and countervailing duties, and non-tariff measures.

Customs Practitioners Association

national legislation
en
Preferential trade arrangements of the European Union: a non-systematic glance at the current non-uniformity
26-05-2020

Taking a look back over the last couple of years – more precisely 15, when the WTO’s Doha Round was expected to end in 2005 – economic operators were facing the results of a multilateral approach to facilitate global trade which clearly lagged behind its actual intentions. As regards preferential trade, the major challenge for economic operators in these times seemed to have been the confrontation with the strengthening of individual national proceedings resulting in more and more bilateral and partially plurilateral trade agreements. The spaghetti bowl was no longer a valued Italian ‘secondo piatto’ but a feared opaque and impenetrable mass of regulations of many different free trade agreements. As we know, this situation has not changed much since then – so companies simply got used to the fact that the exploitation of potential preferential benefits is bound to the prior analysis of the (preferential) trade relations of their destination market countries – bilaterally but also among each other. They cannot count on the advantages of a multilateral agreement with lowered or abolished tariff rates and harmonised rules.

Anna Gayk

origin of goods
en
Preferential trade arrangements of the European Union: a non-systematic glance at the current non-uniformity
26-05-2020

Taking a look back over the last couple of years – more precisely 15, when the WTO’s Doha Round was expected to end in 2005 – economic operators were facing the results of a multilateral approach to facilitate global trade which clearly lagged behind its actual intentions. As regards preferential trade, the major challenge for economic operators in these times seemed to have been the confrontation with the strengthening of individual national proceedings resulting in more and more bilateral and partially plurilateral trade agreements. The spaghetti bowl was no longer a valued Italian ‘secondo piatto’ but a feared opaque and impenetrable mass of regulations of many different free trade agreements. As we know, this situation has not changed much since then – so companies simply got used to the fact that the exploitation of potential preferential benefits is bound to the prior analysis of the (preferential) trade relations of their destination market countries – bilaterally but also among each other. They cannot count on the advantages of a multilateral agreement with lowered or abolished tariff rates and harmonised rules.

Anna Gayk

origin of goods
en, lt
Tariff classification of goods and Customs Laboratory tests. A look at Lithuanian practice
26-05-2020

Some of the most difficult disputes in the field of customs regulation arise due to the findings of the Customs Laboratory on the tariff classification of goods. If a tax dispute is pending in court, the latter must verify the compliance of the Customs Laboratory's tests with the formal requirements and assess the comprehensiveness of the testing analysis together with the consistency of the examination data with the conclusion. This condition is essential. Hence, after transferring the dispute over the classification of goods to the court, they must evaluate the analysis carried out by the Customs Laboratory and the documents in accordance with the same rules as for other evidence in the case.

Jonas Sakalauskas

tariff classification of goods
en, lt
Tariff classification of goods and Customs Laboratory tests. A look at Lithuanian practice
26-05-2020

Some of the most difficult disputes in the field of customs regulation arise due to the findings of the Customs Laboratory on the tariff classification of goods. If a tax dispute is pending in court, the latter must verify the compliance of the Customs Laboratory's tests with the formal requirements and assess the comprehensiveness of the testing analysis together with the consistency of the examination data with the conclusion. This condition is essential. Hence, after transferring the dispute over the classification of goods to the court, they must evaluate the analysis carried out by the Customs Laboratory and the documents in accordance with the same rules as for other evidence in the case.

Jonas Sakalauskas

tariff classification of goods
en
Brexit and Northern Ireland
25-05-2020

In these extraordinary days where the emergence of the COVID-19 virus has effectively closed down large parts of the world economy, Brexit, the issue that dominated the news cycle in 2019 continues to play out albeit under the radar. In this article, the story is recounted of how the UK left the EU. In addition, the article explains why the Northern Ireland question is such a sensitive topic in the context of Brexit and why it remains a major impediment to the UK and EU agreeing a Free Trade Agreement.

Dr. David Savage

national legislation
en
Brexit and Northern Ireland
25-05-2020

In these extraordinary days where the emergence of the COVID-19 virus has effectively closed down large parts of the world economy, Brexit, the issue that dominated the news cycle in 2019 continues to play out albeit under the radar. In this article, the story is recounted of how the UK left the EU. In addition, the article explains why the Northern Ireland question is such a sensitive topic in the context of Brexit and why it remains a major impediment to the UK and EU agreeing a Free Trade Agreement.

Dr. David Savage

national legislation
en
ECJ ruling on the tariff classification of heat patches to treat muscle injuries and soreness
24-05-2020

From a tariff classification point of view, the scope of the term ‘medical products’ has been and continues to be controversial in some instances. For businesses, classification of goods that may or may not have medical application outside of Harmonised System Chapter 30 can result in their goods attracting a significant customs duty rate. This article summarises the case where heat patches, designed to treat muscle injuries and soreness, were originally classified by Commission Implementing Regulation 2016/1140 under heading 3824, but following an appeal to the ECJ, these items were found to be a products of heading 3005.

Dr. David Savage

tariff classification of goods
en
ECJ ruling on the tariff classification of heat patches to treat muscle injuries and soreness
24-05-2020

From a tariff classification point of view, the scope of the term ‘medical products’ has been and continues to be controversial in some instances. For businesses, classification of goods that may or may not have medical application outside of Harmonised System Chapter 30 can result in their goods attracting a significant customs duty rate. This article summarises the case where heat patches, designed to treat muscle injuries and soreness, were originally classified by Commission Implementing Regulation 2016/1140 under heading 3824, but following an appeal to the ECJ, these items were found to be a products of heading 3005.

Dr. David Savage

tariff classification of goods
en
Problematic areas of the application of customs duties in the international trade between the EU and Republic of India: tax disputes arising in the EU and its Member States (Lithuania)
24-05-2020

The article seeks to answer the question what are the specific practical regulatory problems currently facing the international trade operators engaged in international trade business between the EU Member States and the Republic of India and how they can be reflected/solved in the possible free trade agreement between them. Problematic areas of the application of customs duties are being identified on the basis of a case study of tax disputes regarding imports of goods from India on EU level (in the Court of Justice of the EU and national level of the EU Member States (using the Republic of Lithuania as the main example).

Dr. Gediminas Valantiejus

customs duty and taxes
en
Problematic areas of the application of customs duties in the international trade between the EU and Republic of India: tax disputes arising in the EU and its Member States (Lithuania)
24-05-2020

The article seeks to answer the question what are the specific practical regulatory problems currently facing the international trade operators engaged in international trade business between the EU Member States and the Republic of India and how they can be reflected/solved in the possible free trade agreement between them. Problematic areas of the application of customs duties are being identified on the basis of a case study of tax disputes regarding imports of goods from India on EU level (in the Court of Justice of the EU and national level of the EU Member States (using the Republic of Lithuania as the main example).

Dr. Gediminas Valantiejus

customs duty and taxes
en
Customs supervision measures – effective protection of intellectual property rights
23-05-2020

Once goods infringing intellectual property rights are released for free circulation, more than one entity is affected. To begin with, the biggest and most obvious damage is caused to the right owner or holder himself due to the fact that counterfeits on the market have a negative impact on sales, price, product position in the market. The buyer does not benefit in this situation as well, the acquired good does not meet quality or even safety standards, usually there is no possibility to take advantage of consumer protection. In addition, IP infringements distort competition, which means that honest and law-abiding manufacturers or traders are put in an unequal position. Finally, counterfeit and pirated goods market creates damage in terms of uncollected taxes as well.

Evelina Liaubaitė

non-tariff measures
en
Customs supervision measures – effective protection of intellectual property rights
23-05-2020

Once goods infringing intellectual property rights are released for free circulation, more than one entity is affected. To begin with, the biggest and most obvious damage is caused to the right owner or holder himself due to the fact that counterfeits on the market have a negative impact on sales, price, product position in the market. The buyer does not benefit in this situation as well, the acquired good does not meet quality or even safety standards, usually there is no possibility to take advantage of consumer protection. In addition, IP infringements distort competition, which means that honest and law-abiding manufacturers or traders are put in an unequal position. Finally, counterfeit and pirated goods market creates damage in terms of uncollected taxes as well.

Evelina Liaubaitė

non-tariff measures
en
What should we know about customs procedure 42?
22-05-2020

Although customs procedure 42 has been applied in Lithuania for a number of years, there are still questions from declarants and companies on how to declare goods and what actions should be taken after customs clearance. We provide an overview of the questions and answers and also point out why fiscal representation in Lithuania is rarely used.

Jolanta Diktanienė

release for free circulation procedure
en
What should we know about customs procedure 42?
22-05-2020

Although customs procedure 42 has been applied in Lithuania for a number of years, there are still questions from declarants and companies on how to declare goods and what actions should be taken after customs clearance. We provide an overview of the questions and answers and also point out why fiscal representation in Lithuania is rarely used.

Jolanta Diktanienė

release for free circulation procedure
en, ru
Customs infringements and sanctions: different sets of legal rules in EU
20-05-2020

Customs infringements and sanctions follow different sets of legal rules, set by each Member State individually. There are ongoing discussions on the EU’s common legal framework. In this article we overview provisions of the latest version of the framework adopted by the European Parliament and provide you with a look at the sanctioning system and changing interpretation of legal norms of one EU member state – Lithuania.

Andrius Košel, Enrika Naujokė

infringements and sanctions, case-law
en, ru
Customs infringements and sanctions: different sets of legal rules in EU
20-05-2020

Customs infringements and sanctions follow different sets of legal rules, set by each Member State individually. There are ongoing discussions on the EU’s common legal framework. In this article we overview provisions of the latest version of the framework adopted by the European Parliament and provide you with a look at the sanctioning system and changing interpretation of legal norms of one EU member state – Lithuania.

Andrius Košel, Enrika Naujokė

infringements and sanctions, case-law
en
Incoterms® 2020 - the latest edition of the rules
19-05-2020

What has changed? Maybe it is about time to start preparing international trade contracts according to the latest edition?

Halina Černiauskienė

sales contracts, Incoterms
en
Incoterms® 2020 - the latest edition of the rules
19-05-2020

What has changed? Maybe it is about time to start preparing international trade contracts according to the latest edition?

Halina Černiauskienė

sales contracts, Incoterms
en
"A Short Guide to Customs Risk" - interview with the author of the book
17-05-2020

The book "A Short Guide to Customs Risk" by Catherine A. C. Truel was published after the financial crisis of 2007-2008, in 2010. After 10 years, we find ourselves in a new crisis and other challenging trade conditions. Therefore, the book is even more relevant. In the interview, the author shares her insights and experiences.

Enrika Naujokė, Catherine A. C. Truel

compliance and risk management
en
"A Short Guide to Customs Risk" - interview with the author of the book
17-05-2020

The book "A Short Guide to Customs Risk" by Catherine A. C. Truel was published after the financial crisis of 2007-2008, in 2010. After 10 years, we find ourselves in a new crisis and other challenging trade conditions. Therefore, the book is even more relevant. In the interview, the author shares her insights and experiences.

Enrika Naujokė, Catherine A. C. Truel

compliance and risk management
en
Indonesia: customs in the country of 17508 islands
17-05-2020

Indonesia is the largest economy in the Association of Southeast Asian Nations (ASEAN). It represents about 35% of the region's GDP and has a population of 264 million inhabitants. An interesting trading partner for sure! In this article, you will learn a brief history of Indonesia and, in the context, the history of the Directorate General of Customs and Excise (DGCE), which has to manage export-import operations in the world's largest island country.

Wisnu Nugrahini

customs administrations, government agencies
en
Indonesia: customs in the country of 17508 islands
17-05-2020

Indonesia is the largest economy in the Association of Southeast Asian Nations (ASEAN). It represents about 35% of the region's GDP and has a population of 264 million inhabitants. An interesting trading partner for sure! In this article, you will learn a brief history of Indonesia and, in the context, the history of the Directorate General of Customs and Excise (DGCE), which has to manage export-import operations in the world's largest island country.

Wisnu Nugrahini

customs administrations, government agencies
en, pt
Interview with the Senior Appraiser of machinery and equipment in Brazil
13-05-2020

We are honored to introduce a new member of the editorial board of the Customs Compliance & Risk Management journal - Mr. Roberto Raya da Silva from Brazil, the expert in foreign trade, customs valuation, and tariff classification. Mr. Raya is an Accredited Engineer from the Federal Revenue Service for launching technical reports to customs. He became the first Senior Appraiser for the machinery and equipment section in Brazil.

Enrika Naujokė, Roberto Raya da Silva

tariff classification of goods
en, pt
Interview with the Senior Appraiser of machinery and equipment in Brazil
13-05-2020

We are honored to introduce a new member of the editorial board of the Customs Compliance & Risk Management journal - Mr. Roberto Raya da Silva from Brazil, the expert in foreign trade, customs valuation, and tariff classification. Mr. Raya is an Accredited Engineer from the Federal Revenue Service for launching technical reports to customs. He became the first Senior Appraiser for the machinery and equipment section in Brazil.

Enrika Naujokė, Roberto Raya da Silva

tariff classification of goods
en
EU Law: April 2020
03-05-2020

We overview customs-related legal acts, information, and notices published in the Official Journal of the EU covering the period 24.3.2020 - 30.4.2020. There was news related to Brexit, Covid-19, common transit procedure, tariff classification of certain goods, preferential origin, duties, antidumping duties, and non-tariff measures.

Customs Practitioners Association

national legislation
en
EU Law: April 2020
03-05-2020

We overview customs-related legal acts, information, and notices published in the Official Journal of the EU covering the period 24.3.2020 - 30.4.2020. There was news related to Brexit, Covid-19, common transit procedure, tariff classification of certain goods, preferential origin, duties, antidumping duties, and non-tariff measures.

Customs Practitioners Association

national legislation
en
What you need to know about the EORI number and national differences in EU countries
24-04-2020

Although the business form, such as the relocation of production to another country under an outsourcing agreement is already considered as a fairly common form of business, third-country companies still face challenges in supplying raw materials to their processing sites. One of them is obtaining an EORI number when a company does not actually operate in the EU Member States but sees an economic benefit in importing raw materials into the EU on its own behalf.

Jovita Dobrovalskienė

customs procedures and formalities
en
What you need to know about the EORI number and national differences in EU countries
24-04-2020

Although the business form, such as the relocation of production to another country under an outsourcing agreement is already considered as a fairly common form of business, third-country companies still face challenges in supplying raw materials to their processing sites. One of them is obtaining an EORI number when a company does not actually operate in the EU Member States but sees an economic benefit in importing raw materials into the EU on its own behalf.

Jovita Dobrovalskienė

customs procedures and formalities
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