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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
Customs valuation and transfer pricing – understanding similarities and differences (I)
17-12-2023

Editors' note: In November, the European Commission published the news 'New transfer pricing rules to make life easier for businesses in the EU'. The new rules are necessary to address several … challenges, including the competing objectives of customs and tax authorities, which lead to double compliance requirements. The problem is global. According to the Corporate Tax Association of Australia (CTAA), 'it is unacceptable for a business to be required to satisfy two arms of the same government, one demanding a higher price and the other a lower price in respect of the same transaction'. In this first part of the article, the author provides an overview of the rules and methods of customs valuation and transfer pricing.

Rizwan Mahmood

€
valuation
en
Customs valuation and transfer pricing – understanding similarities and differences (I)
17-12-2023

Editors' note: In November, the European Commission published the news 'New transfer pricing rules to make life easier for businesses in the EU'. The new rules are necessary to address several challenges, including the competing objectives of customs and tax authorities, which lead to double compliance requirements. The problem is global. According to the Corporate Tax Association of Australia (CTAA), 'it is unacceptable for a business to be required to satisfy two arms of the same government, one demanding a higher price and the other a lower price in respect of the same transaction'. In this first part of the article, the author provides an overview of the rules and methods of customs valuation and transfer pricing.

Rizwan Mahmood

€
valuation
en
Determination of the non-preferential origin of goods: All you need is... luck
10-12-2023

Legal clarity and certainty are what compliant companies need in order to be able to concentrate on their core activities. Legislators are trying to fulfil this need by, for example, introducing … additional legislation such as binding information (BI) decisions. Frustratingly, the more legislation, the less clarity. BI decisions issued by customs authorities can be overturned by the European Commission (e.g. Harley-Davidson case), or the Court of Justice of the EU (CJEU) can rule in a dispute over a BI decision that the European Commission has exceeded its powers when adopting delegated legislation, which raises the question of how binding the rules laid down in the delegated regulations, e.g. the UCC Delegated Act, are. On the latter, we provide a brief overview of a recent CJEU judgement on the rules of non-preferential origin.

Enrika Naujokė

€
origin
en
Determination of the non-preferential origin of goods: All you need is... luck
10-12-2023

Legal clarity and certainty are what compliant companies need in order to be able to concentrate on their core activities. Legislators are trying to fulfil this need by, for example, introducing additional legislation such as binding information (BI) decisions. Frustratingly, the more legislation, the less clarity. BI decisions issued by customs authorities can be overturned by the European Commission (e.g. Harley-Davidson case), or the Court of Justice of the EU (CJEU) can rule in a dispute over a BI decision that the European Commission has exceeded its powers when adopting delegated legislation, which raises the question of how binding the rules laid down in the delegated regulations, e.g. the UCC Delegated Act, are. On the latter, we provide a brief overview of a recent CJEU judgement on the rules of non-preferential origin.

Enrika Naujokė

€
origin
en
Used car parts - export of waste or goods for reuse?
10-12-2023

Today, we often talk about circular economy goals and the ambition to reduce waste by extending the life of products through reuse, repair, refurbishment or recycling. The legal framework is … still under development. For example, there are provisions in the EU Combined Nomenclature for certain waste and scrap and for used cars, but no such provisions for used car parts - this can lead to difficulties when declaring these goods for the chosen customs procedure. Let us give an overview and discuss a current practical situation in Lithuania regarding the environmental and customs requirements for the declaration of parts of used cars for export.

Jurgita Stanienė

€
restrictions, trade barriers, sustainability
en
Used car parts - export of waste or goods for reuse?
10-12-2023

Today, we often talk about circular economy goals and the ambition to reduce waste by extending the life of products through reuse, repair, refurbishment or recycling. The legal framework is still under development. For example, there are provisions in the EU Combined Nomenclature for certain waste and scrap and for used cars, but no such provisions for used car parts - this can lead to difficulties when declaring these goods for the chosen customs procedure. Let us give an overview and discuss a current practical situation in Lithuania regarding the environmental and customs requirements for the declaration of parts of used cars for export.

Jurgita Stanienė

€
restrictions, trade barriers, sustainability
en
What to expect if you transport goods to (or from) Russia and Belarus via Latvia?
06-12-2023

According to customs data, since the introduction of sanctions, Latvian customs performed 184,972 cargo document controls and 6,027 cargo physical controls. In 8,396 cases, customs prevented … the movement of goods subject to sanctions. In 2022, 114 criminal proceedings have been initiated for the circumvention of sanctions, and in 2023, – 87 criminal proceedings. Considering the above, economic operators who move goods from or to Russia and Belarus or countries that could be used to circumvent sanctions should consider the consequences mentioned in this article.

Alisa Leskovica

€
restrictions, trade barriers
en
What to expect if you transport goods to (or from) Russia and Belarus via Latvia?
06-12-2023

According to customs data, since the introduction of sanctions, Latvian customs performed 184,972 cargo document controls and 6,027 cargo physical controls. In 8,396 cases, customs prevented the movement of goods subject to sanctions. In 2022, 114 criminal proceedings have been initiated for the circumvention of sanctions, and in 2023, – 87 criminal proceedings. Considering the above, economic operators who move goods from or to Russia and Belarus or countries that could be used to circumvent sanctions should consider the consequences mentioned in this article.

Alisa Leskovica

€
restrictions, trade barriers
en
Ukraine customs and trade news October/November 2023
06-12-2023

News at a glance: Customs clearance without presentation of goods - no longer an option; Constitutional Court: the Customs Code must allow for the individualisation of penalties; Pan-Euro-Mediterranean … Regional Convention: Alternative rules of origin (EU and Ukraine); verification of exporters of agricultural products; reliable, transparent and comprehensible trade protection tools that benefit both Ukrainian businesses and international partners.

Iryna Pavlenko, Oleg Kyryievskyi

law
en
Ukraine customs and trade news October/November 2023
06-12-2023

News at a glance: Customs clearance without presentation of goods - no longer an option; Constitutional Court: the Customs Code must allow for the individualisation of penalties; Pan-Euro-Mediterranean Regional Convention: Alternative rules of origin (EU and Ukraine); verification of exporters of agricultural products; reliable, transparent and comprehensible trade protection tools that benefit both Ukrainian businesses and international partners.

Iryna Pavlenko, Oleg Kyryievskyi

law
en
EU law news October/November 2023
03-12-2023

News in week 48: Amendment of EU's GSP Regulation; UCC Work Programme 2023 revision; updated UCC Guidance on Special Procedures other than Transit; EU completes ratification of state-of-the-art … trade agreement with New Zealand; Transitional Rules for Ukraine are now in ROSA (Access2Markets); a provisional anti-dumping duty on imports of certain polyethylene terephthalate (PET) originating in China; tariff classification of a multifunctional apparatus in a housing with front control buttons, to be installed in the dashboard of a motor vehicle; and more updates!

€
law
en
EU law news October/November 2023
03-12-2023

News in week 48: Amendment of EU's GSP Regulation; UCC Work Programme 2023 revision; updated UCC Guidance on Special Procedures other than Transit; EU completes ratification of state-of-the-art trade agreement with New Zealand; Transitional Rules for Ukraine are now in ROSA (Access2Markets); a provisional anti-dumping duty on imports of certain polyethylene terephthalate (PET) originating in China; tariff classification of a multifunctional apparatus in a housing with front control buttons, to be installed in the dashboard of a motor vehicle; and more updates!

€
law
en
Thoughts on non-preferential & Deep origin
03-12-2023

The fundamental premise of these notes is that the absence of any harmonization for rules of non-preferential rules of origin is increasingly and very rapidly creating additional discriminatory … opportunities to expand and extend the scope and impact of a wide range of trade policies and trade restrictions. A brief analysis will provide a few examples of this phenomena, including an examination of its probable causes, and possible approaches to mitigate related barriers to international trade. The final notes will examine potential information and data contradictions in the current efforts to control so-called 'negative externalities' by way of 'deep origin' requirements, such as forced labour and carbon measures, at the border.

Brian Staples

€
origin
en
Thoughts on non-preferential & Deep origin
03-12-2023

The fundamental premise of these notes is that the absence of any harmonization for rules of non-preferential rules of origin is increasingly and very rapidly creating additional discriminatory opportunities to expand and extend the scope and impact of a wide range of trade policies and trade restrictions. A brief analysis will provide a few examples of this phenomena, including an examination of its probable causes, and possible approaches to mitigate related barriers to international trade. The final notes will examine potential information and data contradictions in the current efforts to control so-called 'negative externalities' by way of 'deep origin' requirements, such as forced labour and carbon measures, at the border.

Brian Staples

€
origin
en
CJEU on the right to be heard: It cannot be limited by any legislative provision
03-12-2023

The right to be heard is well known to practitioners from various customs decisions and the Art. 22(6) of the Union Customs Code: 'Before taking a decision which would adversely affect the applicant, … the customs authorities shall communicate the grounds on which they intend to base their decision to the applicant, who shall be given the opportunity to express his or her point of view'. This fundamental right of the EU legal order is not just a formality - the Court of Justice of the EU (CJEU) recently annulled a regulation because it found that the European Commission had violated the importer's right to be heard during the process of adopting that regulation. It is therefore worthwhile for importers, exporters and other parties involved to take a close look at the topic and be prepared to use the right to their own advantage at EU or national level if needed.

Dr. Ilona Mishchenko

€
law, risk management
en
CJEU on the right to be heard: It cannot be limited by any legislative provision
03-12-2023

The right to be heard is well known to practitioners from various customs decisions and the Art. 22(6) of the Union Customs Code: 'Before taking a decision which would adversely affect the applicant, the customs authorities shall communicate the grounds on which they intend to base their decision to the applicant, who shall be given the opportunity to express his or her point of view'. This fundamental right of the EU legal order is not just a formality - the Court of Justice of the EU (CJEU) recently annulled a regulation because it found that the European Commission had violated the importer's right to be heard during the process of adopting that regulation. It is therefore worthwhile for importers, exporters and other parties involved to take a close look at the topic and be prepared to use the right to their own advantage at EU or national level if needed.

Dr. Ilona Mishchenko

€
law, risk management
en
CBAM: History, objectives, scope, and its compatibility with international law (I)
30-11-2023

Note from the CCRM editors: This first part of the article provides an overview of the history, objectives and scope of the Carbon Border Adjustment Mechanism (CBAM) introduced by the EU. It … also examines the issue of whether the Paris Agreement on climate change foresees border adjustment measures by countries with high climate ambitions, and poses the following question: Is the CBAM fair towards developing countries? In the second part, the author will provide an overview of the provisions of the General Agreement on Tariffs and Trade (GATT) which could justify the CBAM, his assessment of the CBAM Regulation, and share a practical list of questions that companies can use in order to find out whether they are affected, and if so, how they can prepare to meet the CBAM requirements, in particular for the transitional period.

Michael Lux

€
restrictions, trade barriers, sustainability
en
CBAM: History, objectives, scope, and its compatibility with international law (I)
30-11-2023

Note from the CCRM editors: This first part of the article provides an overview of the history, objectives and scope of the Carbon Border Adjustment Mechanism (CBAM) introduced by the EU. It also examines the issue of whether the Paris Agreement on climate change foresees border adjustment measures by countries with high climate ambitions, and poses the following question: Is the CBAM fair towards developing countries? In the second part, the author will provide an overview of the provisions of the General Agreement on Tariffs and Trade (GATT) which could justify the CBAM, his assessment of the CBAM Regulation, and share a practical list of questions that companies can use in order to find out whether they are affected, and if so, how they can prepare to meet the CBAM requirements, in particular for the transitional period.

Michael Lux

€
restrictions, trade barriers, sustainability
en
What is ‘cool’ about customs for you?
30-11-2023

‘What are your main tasks as the Head of European Customs at DB Schenker? What are the main challenges and how do you deal with them? How do you measure success? What is ‘cool’ about customs … for you? If you would have all the powers and resources, what would be the very first thing you would change in customs world?’ – We had the opportunity to put these and other questions to Rainer Wilms, who we would like to thank for his answers and insights.

Rainer Wilms

€
en
What is ‘cool’ about customs for you?
30-11-2023

‘What are your main tasks as the Head of European Customs at DB Schenker? What are the main challenges and how do you deal with them? How do you measure success? What is ‘cool’ about customs for you? If you would have all the powers and resources, what would be the very first thing you would change in customs world?’ – We had the opportunity to put these and other questions to Rainer Wilms, who we would like to thank for his answers and insights.

Rainer Wilms

€
en
Communication (EU): Recent changes in the classification of goods
26-11-2023

A recently published EU Official Journal contains a communication in accordance with Article 34(7)(a)(iii) of the Union Customs Code on decisions relating to binding information issued by the … customs authorities of the member states concerning the classification of goods in the customs nomenclature. In this article, we provide an overview of some of the international tariff measures listed in the communication.

Ingrida Sakalienė

€
classification
en
Communication (EU): Recent changes in the classification of goods
26-11-2023

A recently published EU Official Journal contains a communication in accordance with Article 34(7)(a)(iii) of the Union Customs Code on decisions relating to binding information issued by the customs authorities of the member states concerning the classification of goods in the customs nomenclature. In this article, we provide an overview of some of the international tariff measures listed in the communication.

Ingrida Sakalienė

€
classification
en
Combined Nomenclature 2024 (and how we... classify dragons)
26-11-2023

Editors’ word: 2024 is the year of the wood dragon (Chinese zodiac sign). How do we classify such a dragon? :-) We can start the discussion with wood and its products, among which we find a dragon … tree* (4407 29), and an old legend says that when a dragon dies, it is reborn as a dragon tree... such an interesting fact in the run-up to the New Year. Despite the importance of dragons in 2024, we won't find anything new about them in next year's Combined Nomenclature. However, we invite you to take a look at the other changes - check for any new developments related to your imports or exports. Thank you to Virginija Dordzikienė for the overview.

Virginija Dordzikienė

€
classification
en
Combined Nomenclature 2024 (and how we... classify dragons)
26-11-2023

Editors’ word: 2024 is the year of the wood dragon (Chinese zodiac sign). How do we classify such a dragon? :-) We can start the discussion with wood and its products, among which we find a dragon tree* (4407 29), and an old legend says that when a dragon dies, it is reborn as a dragon tree... such an interesting fact in the run-up to the New Year. Despite the importance of dragons in 2024, we won't find anything new about them in next year's Combined Nomenclature. However, we invite you to take a look at the other changes - check for any new developments related to your imports or exports. Thank you to Virginija Dordzikienė for the overview.

Virginija Dordzikienė

€
classification
en
Non-tariff measures: the biggest challenges in 2023
19-11-2023

Where do we draw the line between non-tariff measures that help governments achieve important goals (e.g. sustainability) and non-tariff barriers that unnecessarily restrict trade? How can SMEs … ensure compliance in an increasingly complex regulatory environment (international sanctions, export controls, SPS, CBAM, REACH, forced labour, etc.)? As a distributor, how do you control the supply chain with multiple points of sale and resale, especially in relation to export control? These and other related questions were addressed at the 18th Authors' Meeting in an exchange of views between experts from different countries - the EU, the UK, the US, Brazil and Pakistan.

restrictions, trade barriers
en
Non-tariff measures: the biggest challenges in 2023
19-11-2023

Where do we draw the line between non-tariff measures that help governments achieve important goals (e.g. sustainability) and non-tariff barriers that unnecessarily restrict trade? How can SMEs ensure compliance in an increasingly complex regulatory environment (international sanctions, export controls, SPS, CBAM, REACH, forced labour, etc.)? As a distributor, how do you control the supply chain with multiple points of sale and resale, especially in relation to export control? These and other related questions were addressed at the 18th Authors' Meeting in an exchange of views between experts from different countries - the EU, the UK, the US, Brazil and Pakistan.

restrictions, trade barriers
en
EU sanctions against RU and BY: non-tariff measures or non-tariff barriers?
19-11-2023

This article discusses the challenges faced by the Bulgarian automotive industry in the context of EU sanctions against Russia and Belarus. A national customs risk profile has been introduced, … triggered by the export of certain automotive parts of HS Chapters 84 and 85 to Turkey, the United Arab Emirates, Kazakhstan and others. The documents and information required from the consignee of the goods in the third country and the end user of the goods (if different) in order for these goods to be exported are problematic, as it is often very difficult, if not impossible, to obtain this data.

Boryana Peycheva

€
restrictions, trade barriers
en
EU sanctions against RU and BY: non-tariff measures or non-tariff barriers?
19-11-2023

This article discusses the challenges faced by the Bulgarian automotive industry in the context of EU sanctions against Russia and Belarus. A national customs risk profile has been introduced, triggered by the export of certain automotive parts of HS Chapters 84 and 85 to Turkey, the United Arab Emirates, Kazakhstan and others. The documents and information required from the consignee of the goods in the third country and the end user of the goods (if different) in order for these goods to be exported are problematic, as it is often very difficult, if not impossible, to obtain this data.

Boryana Peycheva

€
restrictions, trade barriers
en
The significance of double taxation avoidance agreements in international trade
19-11-2023

Understanding the terms Double Taxation and Double Taxation Avoidance Agreements (DTAAs) is crucial in the field of international taxation, as they encapsulate complex scenarios that impact cross-border … trade and investments. This paper aims to unravel the conceptual framework of DTAAs, assessing their advantages and disadvantages in the realm of international trade. By presenting case studies, this paper endeavors to delineate how DTAAs influence international trade decisions, offering a pragmatic understanding of their significance.

Karolis Zelenkauskas

duties, taxes
en
The significance of double taxation avoidance agreements in international trade
19-11-2023

Understanding the terms Double Taxation and Double Taxation Avoidance Agreements (DTAAs) is crucial in the field of international taxation, as they encapsulate complex scenarios that impact cross-border trade and investments. This paper aims to unravel the conceptual framework of DTAAs, assessing their advantages and disadvantages in the realm of international trade. By presenting case studies, this paper endeavors to delineate how DTAAs influence international trade decisions, offering a pragmatic understanding of their significance.

Karolis Zelenkauskas

duties, taxes
en
Non-tariff measures: their purpose and effect on trade
05-11-2023

According to UNCTAD, 90 % of global trade is subject to non-tariff measures (NTMs). NTMs can increase trade costs three times as much as tariffs. NTMs often lack transparency. This increases … uncertainty and unpredictability in global trade. At the same time, NTMs can be beneficial for international trade, as they guarantee quality through certification, provide information about products through labelling, reflect a commitment to socially important issues through labelling and environmental standards, etc. This article briefly describes what non-tariff measures are, what purpose they fulfil and what impact they have.

Rizwan Mahmood

€
restrictions, trade barriers
en
Non-tariff measures: their purpose and effect on trade
05-11-2023

According to UNCTAD, 90 % of global trade is subject to non-tariff measures (NTMs). NTMs can increase trade costs three times as much as tariffs. NTMs often lack transparency. This increases uncertainty and unpredictability in global trade. At the same time, NTMs can be beneficial for international trade, as they guarantee quality through certification, provide information about products through labelling, reflect a commitment to socially important issues through labelling and environmental standards, etc. This article briefly describes what non-tariff measures are, what purpose they fulfil and what impact they have.

Rizwan Mahmood

€
restrictions, trade barriers
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