Articles

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.

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.

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.

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.

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.

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.

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.

The remaining electronic systems provided for in the Union Customs Code (UCC) will be implemented in 2024 and 2025. The introduction of a new customs system can have various implications for … a company, depending on its specific activity: time savings when paper documents become electronic (e.g. T2L), significant financial savings thanks to new simplification possibilities (e.g. centralised clearance), the need to adapt company processes and software to the transition to the new systems, or simply the potential for disruption during implementation (for example, the introduction of new services of the Intelligent Customs Declaration System (iMDAS) this month in Lithuania has led to a sad joke in business community that the only Christmas wish is a working iMDAS), etc. On 15 December, the European Commission adopted a new work programme to replace the previous one. Let's take a look at the updated implementation deadlines for the systems planned for the coming years. If you work with these systems, you should think about how they will or might affect your organisation and prepare accordingly.

The World Customs Organization has published a comprehensive study on the digitalisation of the Certificate of Origin (CO). This article provides a short summary of the existing CO issues and … suggests some solutions that could help achieve the long-term digitalisation goals – such as the framework for trusted digital signatures currently used in the EU.

Did you know that the EU imports around 26 kg of textiles per person per year? And around 11 kg are thrown away? That clothes are usually only worn 7 or 8 times? The EU is working on an EU strategy … for sustainable and circular textiles (see European Parliament resolution, published in the Official Journal on 21.12.2023), as textiles have the fourth highest negative impact on the climate and the environment, after food, housing and mobility. This article invites you to reflect on what can/ needs to be done in customs area to contribute to the EU's and global sustainability objectives. For example, whether customs tariffs or preferential rules of origin promote the circular economy, i.e. the import of used textiles for reuse or recycling and other sustainable options.

Editors’ note: In this second part of the article, the author highlights the similarities and differences between customs valuation and transfer pricing and emphasises that the requirements may … differ for the same goods. He also outlines the solutions used by customs in different countries. For example, the Canada Border Services Agency considers the transfer price to be the ‘uninfluenced’ price paid or payable for imported goods if a written transfer price agreement exists between a vendor and a related purchaser and is in effect at the time of importation.

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.

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.

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.

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.

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.