Customs law is the rules of the game for everyone involved in customs and international trade. These rules are not always clear and unambiguous, do not always meet the expectations of those involved … and are sometimes even imprecise. This leads to difficulties in their application and forces the courts to intervene. This review contains some interesting insights and exceptional examples of legislation and court cases from Europe and around the world (Belgium, Lithuania, Bulgaria, WB, Brazil, USA, Ukraine, Israel), which have been presented at the 21th Authors’ Meeting.
Customs law is the rules of the game for everyone involved in customs and international trade. These rules are not always clear and unambiguous, do not always meet the expectations of those involved and are sometimes even imprecise. This leads to difficulties in their application and forces the courts to intervene. This review contains some interesting insights and exceptional examples of legislation and court cases from Europe and around the world (Belgium, Lithuania, Bulgaria, WB, Brazil, USA, Ukraine, Israel), which have been presented at the 21th Authors’ Meeting.
This article continues the overview of certain aspects of the EU Customs Reform. In a previous article, the author described why and how the Commission intends to impose the obligations for importing … goods on a single person, the importer in three variants: the regular importer, the deemed importer (for e-commerce) and the indirect customs representative representing both types of importers. In this article, the author focuses on the proposed import procedure, which consists of several consecutive steps.
Michael Lux
This article continues the overview of certain aspects of the EU Customs Reform. In a previous article, the author described why and how the Commission intends to impose the obligations for importing goods on a single person, the importer in three variants: the regular importer, the deemed importer (for e-commerce) and the indirect customs representative representing both types of importers. In this article, the author focuses on the proposed import procedure, which consists of several consecutive steps.
Michael Lux
On the 30th of April 2024, the UK Government introduced the second phase of Border Target Operating Model (BTOM) checks on goods entering the UK. The government has released details on the charges … that will be levied for food and drink goods entering the UK from abroad, raising concerns from trade experts about the likely effect on smaller businesses and the UK’s post-Brexit trade.
Mark Rowbotham
On the 30th of April 2024, the UK Government introduced the second phase of Border Target Operating Model (BTOM) checks on goods entering the UK. The government has released details on the charges that will be levied for food and drink goods entering the UK from abroad, raising concerns from trade experts about the likely effect on smaller businesses and the UK’s post-Brexit trade.
Mark Rowbotham
News in week 17: 20th anniversary of the 2004 EU enlargement; directive on criminal penalties for the violation of Union restrictive measures; resolution on the prohibition of products made with … forced labour; customs valuation and the meaning of 'in substantially the same quantity'; changes to tariff quotas following the EU's FTA with New Zealand; new representative import prices for certain poultry meat from Brazil; impending expiry of anti-dumping duty on imports of persulphates from China; infringement proceedings against Spain for failure to collect import duties on textile products; South Africa challenges the EU's prohibition on the importation of citrus fruit; World Intellectual Property Day highlights the link between IPRs and SDGs; Commission proposed Association Agreement with Andorra and San Marino to the Council; documents for non-commercial movement of certain pets; Irish Customs - many export declarations have not been correctly closed out.
News in week 17: 20th anniversary of the 2004 EU enlargement; directive on criminal penalties for the violation of Union restrictive measures; resolution on the prohibition of products made with forced labour; customs valuation and the meaning of 'in substantially the same quantity'; changes to tariff quotas following the EU's FTA with New Zealand; new representative import prices for certain poultry meat from Brazil; impending expiry of anti-dumping duty on imports of persulphates from China; infringement proceedings against Spain for failure to collect import duties on textile products; South Africa challenges the EU's prohibition on the importation of citrus fruit; World Intellectual Property Day highlights the link between IPRs and SDGs; Commission proposed Association Agreement with Andorra and San Marino to the Council; documents for non-commercial movement of certain pets; Irish Customs - many export declarations have not been correctly closed out.
Human beings are prone to making mistakes. Mistakes in customs declarations are no exception. Customs law allows them to be corrected. But it is not that simple. Does it apply to all mistakes … and to all people who make them? Read the details in the article below.
Michael Lux
Human beings are prone to making mistakes. Mistakes in customs declarations are no exception. Customs law allows them to be corrected. But it is not that simple. Does it apply to all mistakes and to all people who make them? Read the details in the article below.
Michael Lux
The WTO's Harmonised System (HS) convention is probably one of the most successful international conventions and aims to harmonise tariff codes for goods worldwide. The WTO also has successful … conventions, including the 1996 Information Technology Agreement (ITA), which aims to improve trade in technology products by eliminating customs duties on selected and defined products. The interests of the HS and the ITA are not identical. While the HS aims to establish rules for a unified classification, regardless of whether the result leads to duty-free treatment or not, the ITA's objective is duty-free treatment for technological products.
Omer Wagner
The WTO's Harmonised System (HS) convention is probably one of the most successful international conventions and aims to harmonise tariff codes for goods worldwide. The WTO also has successful conventions, including the 1996 Information Technology Agreement (ITA), which aims to improve trade in technology products by eliminating customs duties on selected and defined products. The interests of the HS and the ITA are not identical. While the HS aims to establish rules for a unified classification, regardless of whether the result leads to duty-free treatment or not, the ITA's objective is duty-free treatment for technological products.
Omer Wagner
Continuing a series of articles on the main legal aspects of the proposed EU customs reform, the author focuses on a key player in the import process: the importer. The Commission proposal is … based on a new vision of this actor and his responsibilities. This article describes and analyses the three variants under this concept: the basic rules for importers, the special rules for deemed importers, and the rules for indirect customs representatives who are treated as the (deemed) importer. Furthermore, it addresses the question of what happens when the wrong person has been named as an importer by an actor in the supply chain or a customs representative.
Michael Lux
Continuing a series of articles on the main legal aspects of the proposed EU customs reform, the author focuses on a key player in the import process: the importer. The Commission proposal is based on a new vision of this actor and his responsibilities. This article describes and analyses the three variants under this concept: the basic rules for importers, the special rules for deemed importers, and the rules for indirect customs representatives who are treated as the (deemed) importer. Furthermore, it addresses the question of what happens when the wrong person has been named as an importer by an actor in the supply chain or a customs representative.
Michael Lux
HM Government announced date and other changes around supplementary declarations; DDA payments - an extra calendar day to submit duty deferment payments; CDS implementation extension - exports … to move to CDS until 4 June 2024; trade with Northern Ireland - a requirement to have a valid UK Internal Market Scheme authorisation to keep using the NIREM code; important updates on EORI and VAT registrations.
Mark Rowbotham
HM Government announced date and other changes around supplementary declarations; DDA payments - an extra calendar day to submit duty deferment payments; CDS implementation extension - exports to move to CDS until 4 June 2024; trade with Northern Ireland - a requirement to have a valid UK Internal Market Scheme authorisation to keep using the NIREM code; important updates on EORI and VAT registrations.
Mark Rowbotham
The language of sustainable development legislation and the language of the legislation of origin are completely different; it is necessary to find a lingua franca for these areas to better understand … and implement the requirements. On the other hand, harmonisation of rules of origin at a global level is essential to address the challenges faced by importers - the need for harmonisation of these rules has never been greater. These and many other views were exchanged at the 20th Authors' Meeting. We invite you to read an overview.
The language of sustainable development legislation and the language of the legislation of origin are completely different; it is necessary to find a lingua franca for these areas to better understand and implement the requirements. On the other hand, harmonisation of rules of origin at a global level is essential to address the challenges faced by importers - the need for harmonisation of these rules has never been greater. These and many other views were exchanged at the 20th Authors' Meeting. We invite you to read an overview.
The EU has concluded more than 40 free trade agreements (FTAs) with around 80 countries, which supposedly bring significant benefits for trade with partner countries. But is this really the case, … i.e. is the EU fully utilising these benefits? This article attempts to assess the application of EU FTAs by analysing the flow of goods in and out of the main trading partners. The author looks at how import and export volumes and geography depend on the existence of preferential agreements.
Assoc Prof Dr Momchil Antov
The EU has concluded more than 40 free trade agreements (FTAs) with around 80 countries, which supposedly bring significant benefits for trade with partner countries. But is this really the case, i.e. is the EU fully utilising these benefits? This article attempts to assess the application of EU FTAs by analysing the flow of goods in and out of the main trading partners. The author looks at how import and export volumes and geography depend on the existence of preferential agreements.
Assoc Prof Dr Momchil Antov
Do you regularly import goods into the UK? Managing import taxes and VAT payments for every consignment can be complicated, time-consuming, and frustrating. Since Brexit, dealing with VAT payments … at the border is no longer necessary as they are postponed and settled separately via the importer’s EORI number. However, to release the goods from customs, duties need to be paid at the time of import… or do they? UK customs (HMRC) offer an option to simplify the whole process, known as a deferment account.
Mark Rowbotham
Do you regularly import goods into the UK? Managing import taxes and VAT payments for every consignment can be complicated, time-consuming, and frustrating. Since Brexit, dealing with VAT payments at the border is no longer necessary as they are postponed and settled separately via the importer’s EORI number. However, to release the goods from customs, duties need to be paid at the time of import… or do they? UK customs (HMRC) offer an option to simplify the whole process, known as a deferment account.
Mark Rowbotham
In theory, when goods enter the EU, import VAT is immediately due to the customs authorities at the relevant border. In practice, the EU VAT Directive gives Member States the ability to determine … the conditions under which goods enter their territories. This is in addition to the ability to set detailed rules for payment of VAT in respect of goods imported. This means Member States can implement mechanisms for postponed accounting via the VAT return, or deferred payment schemes, or a combination of both.
Mark Rowbotham
In theory, when goods enter the EU, import VAT is immediately due to the customs authorities at the relevant border. In practice, the EU VAT Directive gives Member States the ability to determine the conditions under which goods enter their territories. This is in addition to the ability to set detailed rules for payment of VAT in respect of goods imported. This means Member States can implement mechanisms for postponed accounting via the VAT return, or deferred payment schemes, or a combination of both.
Mark Rowbotham
News at a glance: Digital transformation of Ukrainian Customs; submission of transit declarations via the "Single Window"; Ukrainian Customs have transitioned to a new Guarantees Management System … (GMS); agreement between Ukraine and Turkey on the establishment of a system for the electronic exchange of information on goods and vehicles; the UK extends duty-free trade with Ukraine until 2029; the EU to continue the measures to liberalise import tariffs and quotas for Ukrainian products; PEM transitional rules of origin between the EU and Ukraine; the Canadian Senate has passed the bill to implement the modernised free trade agreement between Canada and Ukraine; transposition of certain provisions of the EU Customs Code into the Ukrainian Customs Code; the law on criminalization of smuggling of goods, as well as the inaccurate declaration of goods; for violations of agricultural export rules to certain EU countries, entrepreneurs will be deprived of verification for 6 months.
Iryna Pavlenko , Oleg Kyryievskyi
News at a glance: Digital transformation of Ukrainian Customs; submission of transit declarations via the "Single Window"; Ukrainian Customs have transitioned to a new Guarantees Management System (GMS); agreement between Ukraine and Turkey on the establishment of a system for the electronic exchange of information on goods and vehicles; the UK extends duty-free trade with Ukraine until 2029; the EU to continue the measures to liberalise import tariffs and quotas for Ukrainian products; PEM transitional rules of origin between the EU and Ukraine; the Canadian Senate has passed the bill to implement the modernised free trade agreement between Canada and Ukraine; transposition of certain provisions of the EU Customs Code into the Ukrainian Customs Code; the law on criminalization of smuggling of goods, as well as the inaccurate declaration of goods; for violations of agricultural export rules to certain EU countries, entrepreneurs will be deprived of verification for 6 months.
Iryna Pavlenko , Oleg Kyryievskyi
News in week 13: Classification of goods in the Combined Nomenclature - products made of combinations of paper materials, a van-type vehicle, a part of a pillow, footwear having an upper made … of 100 % wool, and a smart watch; extension of the Union’s tariff quotas for jute and coconut-fibre products; anti-subsidy investigation - mobile access equipment designed for the lifting of persons, originating in China; Transitional CBAM Registry user manual for Declarants, CBAM Quarterly Report structure and sample files; CHED - amended requirements to deduct quantities stated in the customs declaration; amendments of a regulation concerning import of ovine and caprine animals and products derived from these species.
News in week 13: Classification of goods in the Combined Nomenclature - products made of combinations of paper materials, a van-type vehicle, a part of a pillow, footwear having an upper made of 100 % wool, and a smart watch; extension of the Union’s tariff quotas for jute and coconut-fibre products; anti-subsidy investigation - mobile access equipment designed for the lifting of persons, originating in China; Transitional CBAM Registry user manual for Declarants, CBAM Quarterly Report structure and sample files; CHED - amended requirements to deduct quantities stated in the customs declaration; amendments of a regulation concerning import of ovine and caprine animals and products derived from these species.
The U.S. Deforestation Bill was introduced in the Senate in November 2023. It aims to combat illegal deforestation by prohibiting the importation of products obtained, in whole or in part, from … certain commodities produced on lands where illegal deforestation is occurring, and for other purposes. The legislative process is ongoing. The main points of the bill and related implementation issues are summarised and analysed in the article below.
Ira Reese
The U.S. Deforestation Bill was introduced in the Senate in November 2023. It aims to combat illegal deforestation by prohibiting the importation of products obtained, in whole or in part, from certain commodities produced on lands where illegal deforestation is occurring, and for other purposes. The legislative process is ongoing. The main points of the bill and related implementation issues are summarised and analysed in the article below.
Ira Reese
The African Continental Free Trade Area (AfCFTA), approved in 2012 by the African Union’s (AU) 18th Ordinary Session of Assembly of Heads of State and Government, is one of the Flagship Projects … of the AU’s Agenda 2063. The Action Plan for Boosting intra-African trade has a strong focus on accelerating intra-African trade and boosting Africa’s trading position in the global market, in particular through implementation of trade facilitation standards and tools. We provide a brief overview of AfCFTA rules of origin.
Mette Werdelin Azzam
The African Continental Free Trade Area (AfCFTA), approved in 2012 by the African Union’s (AU) 18th Ordinary Session of Assembly of Heads of State and Government, is one of the Flagship Projects of the AU’s Agenda 2063. The Action Plan for Boosting intra-African trade has a strong focus on accelerating intra-African trade and boosting Africa’s trading position in the global market, in particular through implementation of trade facilitation standards and tools. We provide a brief overview of AfCFTA rules of origin.
Mette Werdelin Azzam
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