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EU law
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EU law news January 2024
28-01-2024

News in week 4. WCO dedicates 2024 to 'Customs Engaging Traditional and New Partners with Purpose'; EU's white paper on export controls and new guidelines on data gathering and processing; uniform regional restrictive measures implementation in Lithuania, Latvia and Estonia; preparation for linking the excise system EMCS to export system AES; FAQs about CBAM; updates to the tariff measures for poultrymeat, open mesh fabrics of glass fibres and mixtures of urea and ammonium nitrate; extension of protective (SPS) measures for bivalve molluscs from Türkiye.

law
EU law
icon
EU law news January 2024
28-01-2024

News in week 4. WCO dedicates 2024 to 'Customs Engaging Traditional and New Partners with Purpose'; EU's white paper on export controls and new guidelines on data gathering and processing; uniform regional restrictive measures implementation in Lithuania, Latvia and Estonia; preparation for linking the excise system EMCS to export system AES; FAQs about CBAM; updates to the tariff measures for poultrymeat, open mesh fabrics of glass fibres and mixtures of urea and ammonium nitrate; extension of protective (SPS) measures for bivalve molluscs from Türkiye.

law
Overviews and comments
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A future without customs declarations and with new roles and responsibilities for importers and exporters in the EU
28-01-2024

The UCC reform proposal, if adopted, means saying goodbye to many familiar concepts (entry summary declaration, customs declaration, declarant, etc.) and welcoming new ones. We provide an overview of some proposed changes to the definitions of the UCC, which show that the current roles and responsibilities of the actors involved (e.g., exporter, importer, declarant, carrier, customs warehouse of free zone operator) as well as certain familiar customs simplifications will disappear (e.g., entry in the declarant’s records, simplified and supplementary declaration) and customs processes will change significantly, in particular due to the creation of a central EU Customs Data Hub. Economic operators concerned should analyse the forthcoming changes and draw the attention of the legislative bodies to weaknesses and possible unintended consequences in customs processes in a timely manner.

Michael Lux

law
Overviews and comments
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A future without customs declarations and with new roles and responsibilities for importers and exporters in the EU
28-01-2024

The UCC reform proposal, if adopted, means saying goodbye to many familiar concepts (entry summary declaration, customs declaration, declarant, etc.) and welcoming new ones. We provide an overview of some proposed changes to the definitions of the UCC, which show that the current roles and responsibilities of the actors involved (e.g., exporter, importer, declarant, carrier, customs warehouse of free zone operator) as well as certain familiar customs simplifications will disappear (e.g., entry in the declarant’s records, simplified and supplementary declaration) and customs processes will change significantly, in particular due to the creation of a central EU Customs Data Hub. Economic operators concerned should analyse the forthcoming changes and draw the attention of the legislative bodies to weaknesses and possible unintended consequences in customs processes in a timely manner.

Michael Lux

law
Case law
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CJEU: a decision on legal certainty
28-01-2024

Late payment of taxes, including import taxes recalculated as a result of discrepancies detected by customs after clearance, is subject to late payment penalties and interest. The sums can be huge, especially considering that tax reassessments can be made for three years or even longer (for example, if the dispute is in court). For an idea of how long this period can be, see the relevant Court of Justice of the EU judgement. Moreover, it is a significant Court's decision impacting the landscape of Value Added Tax (VAT) and customs law within the EU. This article delves into the Court's findings, emphasizing the principles of legal certainty and effectiveness in EU law, and exploring its implications for VAT legislation and practices.

Jonas Sakalauskas

law
Case law
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CJEU: a decision on legal certainty
28-01-2024

Late payment of taxes, including import taxes recalculated as a result of discrepancies detected by customs after clearance, is subject to late payment penalties and interest. The sums can be huge, especially considering that tax reassessments can be made for three years or even longer (for example, if the dispute is in court). For an idea of how long this period can be, see the relevant Court of Justice of the EU judgement. Moreover, it is a significant Court's decision impacting the landscape of Value Added Tax (VAT) and customs law within the EU. This article delves into the Court's findings, emphasizing the principles of legal certainty and effectiveness in EU law, and exploring its implications for VAT legislation and practices.

Jonas Sakalauskas

law
Country update
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The future of customs intermediaries in the UK - overview
28-01-2024

Recognising the critical role that customs intermediaries play in enabling international trade for UK businesses, the government issued a consultation that sought feedback on the concept of introducing a voluntary standard. The final phase of the consultation process concluded in August 2023. A significant consensus emerged among stakeholders on the idea of introducing a voluntary standard for customs intermediaries.

Ilona Kawka

customs brokers
Country update
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The future of customs intermediaries in the UK - overview
28-01-2024

Recognising the critical role that customs intermediaries play in enabling international trade for UK businesses, the government issued a consultation that sought feedback on the concept of introducing a voluntary standard. The final phase of the consultation process concluded in August 2023. A significant consensus emerged among stakeholders on the idea of introducing a voluntary standard for customs intermediaries.

Ilona Kawka

customs brokers
Overviews and comments
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Customs brokers in Europe: Shaping and establishing a future-proof role
28-01-2024

Case law tells us how importing and exporting SMEs, which do not have in-house customs expertise, understand their role and responsibilities, as well as those of a customs broker. Often, when a dispute arises with customs over penalties imposed on an importer or exporter for an offence, the company claims that it was confident that it had properly fulfilled its obligations by entrusting customs clearance to a professional service provider - the customs broker. The company therefore learns the hard way about its customs-related responsibilities and obligations. What role does the customs broker play in preventing such situations? In this article, we argue that customs brokers need to take on the role of proactive educator and suggest a way to do this.

Enrika Naujokė

customs brokers
Overviews and comments
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Customs brokers in Europe: Shaping and establishing a future-proof role
28-01-2024

Case law tells us how importing and exporting SMEs, which do not have in-house customs expertise, understand their role and responsibilities, as well as those of a customs broker. Often, when a dispute arises with customs over penalties imposed on an importer or exporter for an offence, the company claims that it was confident that it had properly fulfilled its obligations by entrusting customs clearance to a professional service provider - the customs broker. The company therefore learns the hard way about its customs-related responsibilities and obligations. What role does the customs broker play in preventing such situations? In this article, we argue that customs brokers need to take on the role of proactive educator and suggest a way to do this.

Enrika Naujokė

customs brokers
Sustainability
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Compliant on Forced Labor? Prove It: The Expansion of U.S. Anti-Forced Labor Laws and Compliance Requirements for Importers
21-01-2024

Forced labor is on the rise worldwide. The United States is one of the largest importers of merchandise at risk of being produced with forced labor and U.S. Customs and Border Protection (CBP) is committed to identifying products made with forced labor and preventing them from entering the United States. From FY 2022 to date, CBP’s forced labor enforcement has impacted over $ 2 billion worth of shipments. Clearly, companies have a lot at stake, and compliance with anti-forced labor requirements is critical not only from a corporate responsibility standpoint but due to the impact it may have on a company’s financial position.

Simeon A. Yerokun

restrictions, trade barriers, sustainability
Sustainability
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Compliant on Forced Labor? Prove It: The Expansion of U.S. Anti-Forced Labor Laws and Compliance Requirements for Importers
21-01-2024

Forced labor is on the rise worldwide. The United States is one of the largest importers of merchandise at risk of being produced with forced labor and U.S. Customs and Border Protection (CBP) is committed to identifying products made with forced labor and preventing them from entering the United States. From FY 2022 to date, CBP’s forced labor enforcement has impacted over $ 2 billion worth of shipments. Clearly, companies have a lot at stake, and compliance with anti-forced labor requirements is critical not only from a corporate responsibility standpoint but due to the impact it may have on a company’s financial position.

Simeon A. Yerokun

restrictions, trade barriers, sustainability
Students' section
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Export promotion programmes: Lithuania's case
15-01-2024

Exports of goods are an important driver of business productivity and economic growth (Mota et al., 2021). Nobody doubts the benefits of exporting today. The government aims to increase the competitiveness of business and industry in international trade and to promote job creation and economic growth by creating a business-friendly environment. Exports are an important part of business, both for the national economy and for the growth and development of businesses themselves. Economic growth, especially in small countries, is driven by foreign trade, making the promotion of exports a crucial task for a country. The dynamics and development of export growth depend on the implementation of a targeted export policy by the government, and exports are a key factor of economic growth for various countries, including Lithuania.

Jonas Aleksonis , Erika Besusparienė

export
Students' section
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Export promotion programmes: Lithuania's case
15-01-2024

Exports of goods are an important driver of business productivity and economic growth (Mota et al., 2021). Nobody doubts the benefits of exporting today. The government aims to increase the competitiveness of business and industry in international trade and to promote job creation and economic growth by creating a business-friendly environment. Exports are an important part of business, both for the national economy and for the growth and development of businesses themselves. Economic growth, especially in small countries, is driven by foreign trade, making the promotion of exports a crucial task for a country. The dynamics and development of export growth depend on the implementation of a targeted export policy by the government, and exports are a key factor of economic growth for various countries, including Lithuania.

Jonas Aleksonis , Erika Besusparienė

export
Students' section
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The customs posts and their impact on customs tax control
15-01-2024

The present research covers the interpretation of the concept of customs posts and the relationship with customs tax control. The analysis of the European Union (EU) regulations showed the essential criteria for customs posts. The Maturity model was also reviewed in order to implement the EU regulations requirements for customs posts. In customs posts the Maturity model must be used in three areas – tax administration, customs administration, and information technology implementation. To assess the practical situation, it was chosen to analyse high-risk customs posts. The situation of the Suwalki corridor and the three-month data collected by two customs posts at the Kybartai Road and Raigardas Road posts were reviewed. The analysis revealed that there is a lack of available data for researchers to conduct analysis and determine the impact of selected customs posts on customs tax control.

Tomas Zymonas , Erika Besusparienė

duties, taxes, law
Students' section
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The customs posts and their impact on customs tax control
15-01-2024

The present research covers the interpretation of the concept of customs posts and the relationship with customs tax control. The analysis of the European Union (EU) regulations showed the essential criteria for customs posts. The Maturity model was also reviewed in order to implement the EU regulations requirements for customs posts. In customs posts the Maturity model must be used in three areas – tax administration, customs administration, and information technology implementation. To assess the practical situation, it was chosen to analyse high-risk customs posts. The situation of the Suwalki corridor and the three-month data collected by two customs posts at the Kybartai Road and Raigardas Road posts were reviewed. The analysis revealed that there is a lack of available data for researchers to conduct analysis and determine the impact of selected customs posts on customs tax control.

Tomas Zymonas , Erika Besusparienė

duties, taxes, law
Students' section
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Customs taxes influence the decision of private persons on e-commerce in the European Union
15-01-2024

Customs taxes are a form of taxation imposed on goods imported into a country. They are typically levied on the value of the goods, and are intended to protect domestic industries from foreign competition. In the European Union (EU), customs duties are harmonized across all member states. This means that the same rate of duty is applied to the same goods, regardless of which EU country they are imported into, however, there are some exceptions to this rule. Also, not only Duties has to be paid before release to free circulation. E-commerce is the buying and selling of goods and services online. It has become increasingly popular in recent years, as it offers consumers a convenient and affordable way to shop. However, the growth of e-commerce has also led to an increase in the number of goods being imported into the EU. The influence of customs taxes on e-commerce imports can have a significant impact on private persons. For example, if a private person imports goods from a country outside of the EU, they may have to pay customs taxes on those goods. This can make imported goods more expensive, it can also take more time for delivery, and can discourage private persons from importing goods from outside of the EU. The following sections of this paper will explore this topic in more detail and will discuss the various factors that can influence the impact of customs taxes on e-commerce imports for private persons and propose a theoretical model of how customs taxes affect the e-commerce of private persons.

Gertrūda Bakšienė

duties, taxes
Students' section
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Customs taxes influence the decision of private persons on e-commerce in the European Union
15-01-2024

Customs taxes are a form of taxation imposed on goods imported into a country. They are typically levied on the value of the goods, and are intended to protect domestic industries from foreign competition. In the European Union (EU), customs duties are harmonized across all member states. This means that the same rate of duty is applied to the same goods, regardless of which EU country they are imported into, however, there are some exceptions to this rule. Also, not only Duties has to be paid before release to free circulation. E-commerce is the buying and selling of goods and services online. It has become increasingly popular in recent years, as it offers consumers a convenient and affordable way to shop. However, the growth of e-commerce has also led to an increase in the number of goods being imported into the EU. The influence of customs taxes on e-commerce imports can have a significant impact on private persons. For example, if a private person imports goods from a country outside of the EU, they may have to pay customs taxes on those goods. This can make imported goods more expensive, it can also take more time for delivery, and can discourage private persons from importing goods from outside of the EU. The following sections of this paper will explore this topic in more detail and will discuss the various factors that can influence the impact of customs taxes on e-commerce imports for private persons and propose a theoretical model of how customs taxes affect the e-commerce of private persons.

Gertrūda Bakšienė

duties, taxes
Overviews and comments
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Customs brokers and their management: current challenges and the future
14-01-2024

Customs brokers are an important part of the customs ecosystem. Both parties - traders and customs - can benefit greatly from working with these professional intermediaries. Customs brokers take on the complex tasks related to customs clearance, protect and serve the interests of the parties involved while balancing their different needs (e.g. fast delivery vs. thorough control) and save them a lot of time so they can focus on their core activities. This topic is not new, and one might think that these areas of operation should already be established and standardised. However, discussions at the 19th Authors' Meeting showed that there are still more questions than answers in the countries of Europe and America.

customs brokers
Overviews and comments
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Customs brokers and their management: current challenges and the future
14-01-2024

Customs brokers are an important part of the customs ecosystem. Both parties - traders and customs - can benefit greatly from working with these professional intermediaries. Customs brokers take on the complex tasks related to customs clearance, protect and serve the interests of the parties involved while balancing their different needs (e.g. fast delivery vs. thorough control) and save them a lot of time so they can focus on their core activities. This topic is not new, and one might think that these areas of operation should already be established and standardised. However, discussions at the 19th Authors' Meeting showed that there are still more questions than answers in the countries of Europe and America.

customs brokers
Sustainability
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Proposed U.S. Foreign Pollution Fee Act (similar to the EU’s CBAM)
14-01-2024

EU importers of cement, iron and steel, aluminium, fertilizers, electricity and hydrogen are preparing to submit their first report under the Carbon Border Adjustment Mechanism (CBAM), based on emissions data from their third-country suppliers. What about other countries? Will they also introduce such climate measures, so that EU and other countries' suppliers (exporters) should be getting ready to prepare their emissions data? Indeed, there are similar initiatives in other countries, for example, the proposed U.S. Foreign Pollution Fee Act.

Ira Reese

sustainability
Sustainability
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Proposed U.S. Foreign Pollution Fee Act (similar to the EU’s CBAM)
14-01-2024

EU importers of cement, iron and steel, aluminium, fertilizers, electricity and hydrogen are preparing to submit their first report under the Carbon Border Adjustment Mechanism (CBAM), based on emissions data from their third-country suppliers. What about other countries? Will they also introduce such climate measures, so that EU and other countries' suppliers (exporters) should be getting ready to prepare their emissions data? Indeed, there are similar initiatives in other countries, for example, the proposed U.S. Foreign Pollution Fee Act.

Ira Reese

sustainability
Country update
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UK customs-related updates: BTOM, CDS (II)
14-01-2024

Despite officially leaving the EU’s single market in January 2021, the UK has delayed introducing full border controls several times due to concerns over cost and disruption. However, we now know that these post-Brexit checks on plant and animal goods coming into the UK from EU countries will begin at the end of January 2024. What does this mean for businesses importing these goods into the UK? We provide a summary of the changes coming into effect and how the trader can prepare for these stricter border controls.

Mark Rowbotham

restrictions, trade barriers
Country update
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UK customs-related updates: BTOM, CDS (II)
14-01-2024

Despite officially leaving the EU’s single market in January 2021, the UK has delayed introducing full border controls several times due to concerns over cost and disruption. However, we now know that these post-Brexit checks on plant and animal goods coming into the UK from EU countries will begin at the end of January 2024. What does this mean for businesses importing these goods into the UK? We provide a summary of the changes coming into effect and how the trader can prepare for these stricter border controls.

Mark Rowbotham

restrictions, trade barriers
Country update
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UK customs-related updates: BTOM, CDS (I)
07-01-2024

Editors' note: Many economic operators in the EU and other UK trading partners are and will be affected by the ongoing customs changes in the UK. We start with a monthly overview of some important news from the UK. Many thanks to Mark Rowbotham, who recently joined the CCRM Editorial Board, for preparing the updates on the Border Target Operating Model (that will be progressively introduced from the end of January 2024) and the Customs Declaration Service (from 30 March 2024, the CDS will be the UK’s single Customs platform). Related developments are also interesting to follow for those who are not directly involved in trade with the UK but are interested in effective border management as the UK aims to create the most effective border in the world.

Mark Rowbotham

law
Country update
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UK customs-related updates: BTOM, CDS (I)
07-01-2024

Editors' note: Many economic operators in the EU and other UK trading partners are and will be affected by the ongoing customs changes in the UK. We start with a monthly overview of some important news from the UK. Many thanks to Mark Rowbotham, who recently joined the CCRM Editorial Board, for preparing the updates on the Border Target Operating Model (that will be progressively introduced from the end of January 2024) and the Customs Declaration Service (from 30 March 2024, the CDS will be the UK’s single Customs platform). Related developments are also interesting to follow for those who are not directly involved in trade with the UK but are interested in effective border management as the UK aims to create the most effective border in the world.

Mark Rowbotham

law
Valuation
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Impact of the war in the Middle East on customs valuation
07-01-2024

Israel has been in a state of war for the past three months. This war has had an impact on international trade, particularly on customs valuation, including for importers in other countries such as the EU, as explained in more detail in this article.

Omer Wagner

valuation
Valuation
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Impact of the war in the Middle East on customs valuation
07-01-2024

Israel has been in a state of war for the past three months. This war has had an impact on international trade, particularly on customs valuation, including for importers in other countries such as the EU, as explained in more detail in this article.

Omer Wagner

valuation
Sustainability
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CBAM: History, objectives, scope, and its compatibility with international law (II)
03-01-2024

Note from the CCRM editors: The first part of the article provided an overview of the history, objectives and scope of the Carbon Border Adjustment Mechanism (CBAM) introduced by the EU. It also examined the issue of whether the Paris Agreement on climate change foresees border adjustment measures by countries with high climate ambitions, and posed the following question: Is the CBAM fair towards developing countries? In this second part, the author provides 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 shares 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
Sustainability
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CBAM: History, objectives, scope, and its compatibility with international law (II)
03-01-2024

Note from the CCRM editors: The first part of the article provided an overview of the history, objectives and scope of the Carbon Border Adjustment Mechanism (CBAM) introduced by the EU. It also examined the issue of whether the Paris Agreement on climate change foresees border adjustment measures by countries with high climate ambitions, and posed the following question: Is the CBAM fair towards developing countries? In this second part, the author provides 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 shares 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
EU law
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EU law news December 2023
31-12-2023

News in week 52: Changes to import duties on certain products from 2024.01.01; changes to tariff quotas (reduced import duties) from 2024.01.01; EU-UK trade - transitional rules of preferential origin for electric accumulators and electrified vehicles; Anti-Coercion Instrument enters into force - possible new tariffs and trade restrictions in the EU; farewell event for WCO Secretary General Dr. Kunio Mikuriya.

law
EU law
icon
EU law news December 2023
31-12-2023

News in week 52: Changes to import duties on certain products from 2024.01.01; changes to tariff quotas (reduced import duties) from 2024.01.01; EU-UK trade - transitional rules of preferential origin for electric accumulators and electrified vehicles; Anti-Coercion Instrument enters into force - possible new tariffs and trade restrictions in the EU; farewell event for WCO Secretary General Dr. Kunio Mikuriya.

law
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