Articles

The Union Customs Code and related regulations set out, among other things, the requirements for the data to be submitted to customs. Normally, these regulations are not often amended. However, … this has not been the case recently, see ‘EU law news February 2024’. In this article, we provide an overview of some of the latest changes to the data elements and invite readers who are new to the subject to familiarise themselves with the data tables and the new definitions such as sub-elements, sub-classes and attributes.

Editors' note: We are starting a series of articles on the most important legal aspects of the proposed EU Customs Reform. This article deals with the concept of 'Trust and Check Trader', an … enhanced version of the 'Authorised Economic Operator' concept. The author describes the relevant part of the Impact Assessment prepared alongside the legislative proposals, the differences of treatment between future Trust and Check Traders and other economic operators, and provides an assessment of the proposed changes.

Editors' note: The recent 20th Authors' Meeting dealt with issues of origin for customs purposes. At this meeting, the author presented two Israeli court cases - one concerning an unauthorised … person signing the certificate of preferential origin and the other concerning whether pistachios originated in Iran or Turkey (non-preferential origin for the application of prohibitions). The cases are not necessarily new, but they deal with relevant questions: What happens if the proof of preferential origin is signed by an unauthorised person? Can the authorisation be granted retrospectively? Is the 'statistical and reasonableness check' sufficient for customs to reject the declared non-preferential origin of the goods?

The language of the Harmonised System (HS) Convention contains many formulas linking goods and their use, such as 'primary', 'principal', 'intended', etc. The HS seems to contain too many of … these connection formulae, and the difference between them is not always clear. It is therefore suggested that the World Customs Organisation (WCO) eliminate the undefined terms and look for a method that is as simple as possible. The article below is a short version of the full article, which has been published in the World Customs Journal, 2023, Issue 17(2).

'Deep origin' is a phrase coined by Brain Staples. It is a description of the sustainability-focused regulatory environment now being increasingly faced by customs and traders. It goes beyond … customs when it comes to implementing sanctions or other prohibitions on importation of endangered goods, goods manufactured by forced labour, or by slavery, or by other undesirable practices. How to operate in this increasingly complex regulatory environment?

Finding the right customs broker can be a huge problem for traders. One may seem to be "your" person, but they may misunderstand you or not listen to you. Another may not have the proper level … of knowledge and so on. This article is designed to help you with this search and selection process. You will find answers to the most important questions to ask when looking for a helpful broker.

HM Revenue & Customs has announced significant changes affecting UK importers from 31 January. The most important customs and customs-related updates, with a focus on EU-UK trade, have been summarised … and explained in the overview below.

In the European Union, customs penalties and their proportionality fall within the national competence of the Member States. In a recent judgment, the Court of Justice of the EU (CJEU) ruled … that the imposition of an administrative penalty of 50% of the amount of duty underpaid is justified "notwithstanding the good faith of and precautions taken by the operator concerned". What does this mean for EU importers who declare the non-preferential origin of goods on the basis of proofs issued by the authorities of third countries that turn out to be incorrect? We provide an overview of the case and consider what conclusions economic operators could draw from it.

The saying "Only those who don't work make no mistakes" aptly states that it is human to make mistakes and there is no way to change that - the mistakes will happen. But they need to be managed … - to be minimised and corrected as quickly as possible. The Union Customs Code provides for a three-year period during which it is possible to apply to the customs authorities for the correction of errors, the recovery of overpaid taxes or the payment of underpaid amounts. In Lithuania, however, the new national legislation no longer provides for the possibility of correcting certain data elements. Let's take a look at the challenges this poses for businesses, as well as practices in other countries and trends.

As the European Union ponders statutes that respond to unverified claims by different organizations of the usage of slave labour in the manufacture of a variety of goods from China, a series … of claims has been made against one of the Union’s largest manufacturers: Volkswagen. As we review the claims against Volkswagen it is easy to see how the issue has the capability of wreaking havoc with international trade with the People’s Republic of China (PRC). Some of the claims are so removed from the exported product that one wonders if it is simply an insincere way of removing certain sectors of China from international trade.

News in week 8: News at a glance: UCC delegated and implementing acts - amended provisions on customs status, Union transit, etc.; EU adopted 13th package of sanctions against Russia; FAQs 'No … re-export to Russia' clause; updated 'List of common high priority items' (items used in Russian military systems); updated guidance on implementing due diligence to shield against Russia sanctions circumvention; ozone-depleting substances - new rules for import, export, etc.; HFC phase-down - new provisions; PEM Convention - amendments, updated tables specifying cumulation possibilities; 13th World Trade Organization Ministerial Conference - European Council conclusions; and more news!

This year’s International Customs Day theme, “Customs Engaging Traditional and New Partners with Purpose”, resonates deeply with Singapore Customs. In the ever-evolving landscape of international … trade, growing interdependence and technological advancements demand that we adapt, innovate and build meaningful partnerships to ensure efficient Customs procedures and smooth trade flows.

This article introduces the Ecosystem of Trust (EoT) project which aimed at testing whether the use of supply chain data, alongside technologies such as smart seals and smart containers, could … be integrated into government systems to improve border processes. The project involved regulatory agencies, technology firms, logistics providers, academics and port operators and confirmed how vital it is for government and industry to work together to modernise the border.

Brazil’s Customs Authority and private sector representatives worked together to develop a compliance programme dedicated to e-commerce companies. Launched in August 2023, the programme is a … testimony to how Customs-Business partnership can shape regulatory frameworks and foster innovative solutions. The authors hope it will inspire countries grappling with the challenges of cross-border e-commerce in adopting a similar approach and compliance scheme.

Brazil is on the cusp of a groundbreaking transformation, with the rollout of an upgraded version 2.0 of its Foreign Trade Single Window, the Portal Único Siscomex. A core innovation within the … Portal is the introduction of a catalogue describing products using pre-defined attributes. The new system has been made possible thanks to an exceptional partnership between private and public entities who worked hand in hand to redefine the way products are identified for cross-border trade.

In 2022, the WCO Secretariat sent a questionnaire to the Organization’s Members to gather information on certification of origin processes and the digitalization of the certificate of origin … (CO). Eighty-four Customs administrations responded, and a Study on the Digitalization of the Certificate of Origin, containing an analysis of the information received, was published in December 2023.