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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 Reader,

This editorial is written in São Paulo, Brazil, as the editorial board of the journal is international. Moreover, bimonthly online meetings of authors of the articles take place - we exchange views on customs topics and build new international contacts. The next meeting takes place on 16.12.2020 and will be a special one – everyone is invited to attend. Do not miss the opportunity to meet authors of the books on Customs subject! Learn more about the event here.

With great interest, I read the articles of this issue of the CCRM journal, comparing EU law and practices with the ones in Brazil. For instance, there are articles on customs valuation “New version of European Commission‘s Guidance on Customs Valuation – an overview of changes” by Jovita Mikšienė, Lithuanian Customs Department and “Free of charge software and customs valuation” by Monika Bielskienė, law firm WALLESS. 

Compliance each year has an increasingly important role on the global stage. I would like to highlight the phrase from the article “How Technology Assists Ongoing Customs Compliance” by Anne Sexton, QAD Precision: "As a result, what is perfectly legal one day, maybe prohibited the next.", which is perfectly applicable to Brazil.

As the Brexit transition period is ending, I cannot miss to draw attention to the excellent coverage of Dr. David Savage in the "Brexit Diary", which highlights that little progress has been made, especially on the points of disagreement. In an article in the Guardian newspaper, it was reported that the UK car industry estimates that failure to agree on a trade deal with the EU would cost £55 billion within 5 years…

In Brazil we are waiting for the arrival of the second wave of Covid, which is already showing signs that it may be close, the lockdown is expected in the nearest days. On the other hand, there is also the positive side of the situation - the technological progress. An example: in the future, the physical checking of goods by customs might become totally remote, through cameras. This would be also a part of the work done implementing the Trade Facilitation Agreement in Brazil. 

Fique saudável e aproveite a leitura do jornal!

Roberto Raya da Silva
Member of the Editorial Board

en
Brexit Diary October-November
30-11-2020

As the second wave of COVID-19 continued to caused misery for millions of people across Europe and the world, Brexit continued to bubble away under the surface. As we moved from September into October precious little progress was evident as the UK and EU sides re-iterated their positions in regarding the main sticking points, i.e. The Level Playing Field, Fisheries and Governance.

Dr. David Savage

national legislation
en
Brexit Diary October-November
30-11-2020

As the second wave of COVID-19 continued to caused misery for millions of people across Europe and the world, Brexit continued to bubble away under the surface. As we moved from September into October precious little progress was evident as the UK and EU sides re-iterated their positions in regarding the main sticking points, i.e. The Level Playing Field, Fisheries and Governance.

Dr. David Savage

national legislation
en
EU Law News: November 2020
28-11-2020

Union Customs Code amendments (AEO); Regulations regarding classification of various goods (reusable drinking straw, plastic cables, etc.); Judgements of the European Court of Justice: valuation, excise; anti-dumping measures on products from China, Indonesia, India; HS 2017 / HS 2022 Correlation Tables; and more.

Customs Practitioners Association

national legislation
en
EU Law News: November 2020
28-11-2020

Union Customs Code amendments (AEO); Regulations regarding classification of various goods (reusable drinking straw, plastic cables, etc.); Judgements of the European Court of Justice: valuation, excise; anti-dumping measures on products from China, Indonesia, India; HS 2017 / HS 2022 Correlation Tables; and more.

Customs Practitioners Association

national legislation
en
Excise duty on water-pipe tobacco
28-11-2020

The judgment of the Court of Justice of the European Union has answered the question of whether goods made partly of tobacco and other materials should be subject to excise duty on tobacco in its entirety or only in part of the composition of the tobacco as one of the consisting substances.

Jonas Sakalauskas

infringements and sanctions, case-law
en
Excise duty on water-pipe tobacco
28-11-2020

The judgment of the Court of Justice of the European Union has answered the question of whether goods made partly of tobacco and other materials should be subject to excise duty on tobacco in its entirety or only in part of the composition of the tobacco as one of the consisting substances.

Jonas Sakalauskas

infringements and sanctions, case-law
de, en
Fit for the future of digitalisation with a treasure trove of customs data
26-11-2020

Now new technologies are coming along, beckoning with their promises of complete automation so everything works by itself. AI (Artificial Intelligence), Blockchain, etc. are supposed to make everything better, much more automated and ensure it's all correct. But let us take a look at the reality here. Are all those promises true?

Janine Lampprecht

electronic systems; novel technologies
de, en
Fit for the future of digitalisation with a treasure trove of customs data
26-11-2020

Now new technologies are coming along, beckoning with their promises of complete automation so everything works by itself. AI (Artificial Intelligence), Blockchain, etc. are supposed to make everything better, much more automated and ensure it's all correct. But let us take a look at the reality here. Are all those promises true?

Janine Lampprecht

electronic systems; novel technologies
en
Penalties, fines and sanctions under Bulgarian tax law
25-11-2020

The system of sanctions for the violations, related to declaration and payment of import taxes, is currently not harmonized within the European Union (EU). Therefore, the article reviews laws of the Republic of Bulgaria (as the EU Member State), defining such penalties and highlights the importance of voluntary disclosure of offence/ violation or mistake by the taxpayer to tax authorities for the application of legal responsibility.

Elif Mehmedova

infringements and sanctions, case-law
en
Penalties, fines and sanctions under Bulgarian tax law
25-11-2020

The system of sanctions for the violations, related to declaration and payment of import taxes, is currently not harmonized within the European Union (EU). Therefore, the article reviews laws of the Republic of Bulgaria (as the EU Member State), defining such penalties and highlights the importance of voluntary disclosure of offence/ violation or mistake by the taxpayer to tax authorities for the application of legal responsibility.

Elif Mehmedova

infringements and sanctions, case-law
en
ATA Carnet - through customs faster
24-11-2020

Whether for trade fairs, exhibitions or sporting events - some companies often import durable / consumer goods abroad temporarily. For those companies, it can be worth obtaining an ATA Carnet.

Michael Schlosser

customs declarations and documents
en
ATA Carnet - through customs faster
24-11-2020

Whether for trade fairs, exhibitions or sporting events - some companies often import durable / consumer goods abroad temporarily. For those companies, it can be worth obtaining an ATA Carnet.

Michael Schlosser

customs declarations and documents
en
Electronic certificates of origin for exporters in Lithuania
23-11-2020

The state (Republic of Lithuania) has delegated to the Chambers of Commerce, Industry and Crafts the task of issuing certificates of non-preferential origin for goods exported to third countries. Every year, the Vilnius Chamber of Commerce, Industry and Crafts issues about 7,000 certificates to exporters. Most of them are issued for transportation of goods to Uzbekistan, Belarus, China, Ukraine, Russia, the United Arab Emirates, India.

Jekaterina Komarova

origin of goods
en
Electronic certificates of origin for exporters in Lithuania
23-11-2020

The state (Republic of Lithuania) has delegated to the Chambers of Commerce, Industry and Crafts the task of issuing certificates of non-preferential origin for goods exported to third countries. Every year, the Vilnius Chamber of Commerce, Industry and Crafts issues about 7,000 certificates to exporters. Most of them are issued for transportation of goods to Uzbekistan, Belarus, China, Ukraine, Russia, the United Arab Emirates, India.

Jekaterina Komarova

origin of goods
en
The concept of a customs debtor in the UCC and the case-law of the Court of Justice of the EU
14-11-2020

Both in the practice of tax disputes and during tax inspections or investigations carried out by the customs authorities, the following question arises quite often: which particular person the customs authorities are entitled to qualify as the debtor and, accordingly, to calculate (to that or another particular person) the additional import taxes. In this article, we will review the provisions of the EU Union Customs Code (UCC) and the relevant case-law of the EU Court of Justice (CJEU), which helps to answer these questions and allows businesses to defend their rights and legitimate interests in disputed situations.

Dr. Gediminas Valantiejus

customs duty and taxes
en
The concept of a customs debtor in the UCC and the case-law of the Court of Justice of the EU
14-11-2020

Both in the practice of tax disputes and during tax inspections or investigations carried out by the customs authorities, the following question arises quite often: which particular person the customs authorities are entitled to qualify as the debtor and, accordingly, to calculate (to that or another particular person) the additional import taxes. In this article, we will review the provisions of the EU Union Customs Code (UCC) and the relevant case-law of the EU Court of Justice (CJEU), which helps to answer these questions and allows businesses to defend their rights and legitimate interests in disputed situations.

Dr. Gediminas Valantiejus

customs duty and taxes
en
New version of European Commission‘s Guidance on Customs Valuation – an overview of changes
14-11-2020

On 25 September 2020, the European Commission has published a new version of the Guidance on Customs Valuation. Although this document is not legally binding, it is considered an important tool for the interpretation of the EU customs legislation. The guidance aims to ensure a common understanding between customs and economic operators and to provide a tool to facilitate the correct and harmonized application of customs legislation in the Member States. The guidance is expected to be included in the EU Customs Valuation Compendium in 2021.

Jovita Mikšienė

customs value/valuation
en
New version of European Commission‘s Guidance on Customs Valuation – an overview of changes
14-11-2020

On 25 September 2020, the European Commission has published a new version of the Guidance on Customs Valuation. Although this document is not legally binding, it is considered an important tool for the interpretation of the EU customs legislation. The guidance aims to ensure a common understanding between customs and economic operators and to provide a tool to facilitate the correct and harmonized application of customs legislation in the Member States. The guidance is expected to be included in the EU Customs Valuation Compendium in 2021.

Jovita Mikšienė

customs value/valuation
en
The French Customs "Smart Border" Offer for Brexit
07-11-2020

Known as the "smart border”, this technological solution aims at maintaining the fluidity of the flows of goods despite the re-establishment of customs formalities at the border. It will be applied, as from the end of the transition period, at all entry/ exit points in the Calais area and more generally in the Channel - North Sea space.

Bertrand Rager

electronic systems; novel technologies
en
The French Customs "Smart Border" Offer for Brexit
07-11-2020

Known as the "smart border”, this technological solution aims at maintaining the fluidity of the flows of goods despite the re-establishment of customs formalities at the border. It will be applied, as from the end of the transition period, at all entry/ exit points in the Calais area and more generally in the Channel - North Sea space.

Bertrand Rager

electronic systems; novel technologies
en, ru
Problematic issues of the prosecution for non-declaration of goods under the Customs Code of Ukraine
04-11-2020

The current Customs Code of Ukraine includes eighteen types of customs offenses entailing administrative liability. Compared to the previous Customs Code, their number has decreased by a third. However, this does not result in positive dynamics towards the reduction of illegal acts as well as there are no signs that some of the acts ceased to be offenses.

Dr. Ilona Mishchenko

infringements and sanctions, case-law
en, ru
Problematic issues of the prosecution for non-declaration of goods under the Customs Code of Ukraine
04-11-2020

The current Customs Code of Ukraine includes eighteen types of customs offenses entailing administrative liability. Compared to the previous Customs Code, their number has decreased by a third. However, this does not result in positive dynamics towards the reduction of illegal acts as well as there are no signs that some of the acts ceased to be offenses.

Dr. Ilona Mishchenko

infringements and sanctions, case-law
en, ru
Issues of the liability of customs brokers under the Ukrainian customs legislation
04-11-2020

For the offenses committed, which are related to the implementation of customs brokerage activities, the customs broker bears responsibility established by the Customs Code of Ukraine (CCU) and other laws of Ukraine. The person authorized to declare goods, commercial vehicles on behalf of the declarant has the same obligations, rights, and bears the same responsibility as the declarant. These norms are contradictory to each other. And on the basis of these norms of the Customs Code of Ukraine, the customs authority builds its further behavioural relationship with the customs broker.

Dr. Oleksii Fedotov

infringements and sanctions, case-law
en, ru
Issues of the liability of customs brokers under the Ukrainian customs legislation
04-11-2020

For the offenses committed, which are related to the implementation of customs brokerage activities, the customs broker bears responsibility established by the Customs Code of Ukraine (CCU) and other laws of Ukraine. The person authorized to declare goods, commercial vehicles on behalf of the declarant has the same obligations, rights, and bears the same responsibility as the declarant. These norms are contradictory to each other. And on the basis of these norms of the Customs Code of Ukraine, the customs authority builds its further behavioural relationship with the customs broker.

Dr. Oleksii Fedotov

infringements and sanctions, case-law
en
Customs knowledge in our countries: Is it sufficient? What is ‘sufficient’?
03-11-2020

In August 2020, during the 1-st Authors' Meeting, Dr. Talke Ovie emphasized the importance of knowledge: “Customs and trade law is becoming ever more complex and a way must be found to secure the transfer of know-how and knowledge in the current [Covid-19 related] situation". This inspired the topic of the second meeting "Customs knowledge in our countries: Is it sufficient? What is ‘sufficient’?", which took place on 21 October, 2020. Views were exchanged by participants from Brazil, Colombia, India, Latvia and Lithuania.

Enrika Naujokė

studies and training
en
Customs knowledge in our countries: Is it sufficient? What is ‘sufficient’?
03-11-2020

In August 2020, during the 1-st Authors' Meeting, Dr. Talke Ovie emphasized the importance of knowledge: “Customs and trade law is becoming ever more complex and a way must be found to secure the transfer of know-how and knowledge in the current [Covid-19 related] situation". This inspired the topic of the second meeting "Customs knowledge in our countries: Is it sufficient? What is ‘sufficient’?", which took place on 21 October, 2020. Views were exchanged by participants from Brazil, Colombia, India, Latvia and Lithuania.

Enrika Naujokė

studies and training
en
EU Law News: October 2020
31-10-2020

Some of the news: Combined Nomenclature 2021; preparations for the 66th session of the Harmonized System Committee; new TARIC subheadings for protective face masks; extended period for relief from import duties and VAT exemption on importation granted for goods needed to combat the effects of the COVID-19; latest edition of WCO News looks more specifically at Customs valuation.

Customs Practitioners Association

national legislation
en
EU Law News: October 2020
31-10-2020

Some of the news: Combined Nomenclature 2021; preparations for the 66th session of the Harmonized System Committee; new TARIC subheadings for protective face masks; extended period for relief from import duties and VAT exemption on importation granted for goods needed to combat the effects of the COVID-19; latest edition of WCO News looks more specifically at Customs valuation.

Customs Practitioners Association

national legislation
en
Free of charge software and customs valuation
31-10-2020

Court of Justice of European Union (CJEU) remained with its position that the economic value of software should be added to the transaction value of imported goods, despite the fact that it was designed in the European Union and transferred to the third-country manufacturer free of charge.

Monika Bielskienė

customs value/valuation
en
Free of charge software and customs valuation
31-10-2020

Court of Justice of European Union (CJEU) remained with its position that the economic value of software should be added to the transaction value of imported goods, despite the fact that it was designed in the European Union and transferred to the third-country manufacturer free of charge.

Monika Bielskienė

customs value/valuation
en
How Technology Assists Ongoing Customs Compliance
29-10-2020

Compliance is a legal requirement — it is not something that a company can choose to ignore. It is for this reason that organisations are turning to automation and other technological solutions. Technology frees compliance personnel to work on value-added tasks and long term strategic goals. It never replaces the necessity for compliance professionals. Here are four areas where technology can help an organisation ensure ongoing compliance with customs regulations.

Anne Sexton

electronic systems; novel technologies
en
How Technology Assists Ongoing Customs Compliance
29-10-2020

Compliance is a legal requirement — it is not something that a company can choose to ignore. It is for this reason that organisations are turning to automation and other technological solutions. Technology frees compliance personnel to work on value-added tasks and long term strategic goals. It never replaces the necessity for compliance professionals. Here are four areas where technology can help an organisation ensure ongoing compliance with customs regulations.

Anne Sexton

electronic systems; novel technologies
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