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Nepastebimos sienos, sklandūs muitinės formalumai, vienodos taisyklės visoje ES ir patenkinti tiek muitinės klientai, tiek pati muitinė... siekiamybė kurios link veda iššūkių (būtų galima sakyti, … kad problemų, tačiau tai „nebemadinga“) pilnas kelias. Iššūkiai įvairūs – teisiniai, praktiniai, ar tiesiog žmogiškieji, pavyzdžiui, nesusikalbėjimas. Eksporto duomenų teikimo per iMDAS nesena patirtis tapo verslui nerimo dėl kitų sistemų diegimo priežastimi. Nuo 2024 m. kovo 11-osios dienos per išmaniąją Muitinės deklaracijų apdorojimo sistemą (iMDAS) pradėti teikti importo deklaracijų duomenys bei su šių duomenų apdorojimu susijusios elektroninės paslaugos. Apžvelkime, kokios yra naujos patirtys ir įžvalgos.

Viena po kitos keičiamos ir atnaujinamos muitinės sistemos – kovą pradėsime naudoti elektroninius T2L, iMDAS importui, tačiau ir neseniai įgyvendinti pokyčiai dar kelia klausimų, pavyzdžiui, … kaip teisingai deklaruoti prekes nelikus procedūros kodo „49“ arba kaip tam tikrais atvejais forminti eksportą iš muitinei priimtinos vietos. Muitinės praktikų asociacijos nariai aktyviai diskutuoja šiais klausimais virtualiame forume, o taip pat kviečia į kovo 7 d. vyksiantį vebinarą-apkrito stalo diskusiją „Aktualūs pokyčiai muitinės deklaracijoje“. Apžvelkime pokyčių muitinės deklaracijoje temą, verslui kylančius iššūkius ir atsakymus į minėtus praktinius klausimus.

The Southern Common Market (known as MERCOSUR) is a regional integration process initially established by Argentina, Brazil, Paraguay and Uruguay, and subsequently joined by Venezuela (currently … suspended) and Bolivia (whose accession procedure is still underway). MERCOSUR makes its decisions through three bodies: the Council of the Common Market (CMC), which is the main MERCOSUR body that conducts the integration process politically; the Common Market Group (GMC), which oversees the day-to-day functioning of the bloc; and the Mercosur Trade Commission (CCM), which is responsible for the administration of common commercial policy instruments.

Customs administrations in the Western Balkans have established a platform to automatically exchange Customs data. Called “SEED”, the system has proven efficient in identifying irregularities, … offences and smuggling activities, as well as in accelerating the clearance of goods.

Customs value and transfer pricing could be likened to Siamese twins - that's how closely linked they are. Let's discuss some practical questions related to the year-end transfer pricing adjustments: … If the price is revised upwards, does the importer have to go to customs and pay additional duties? If the price is revised downwards, is the importer entitled to a refund of duties? If the goods are duty-free and there is no excise duty, but only import VAT (which is deductible in any case)?

The Israel Customs Authority does not seem to be a fan of discounts. It appealed against the judgement of the District Court, in which the court clarified that the Customs Authority cannot, on … the one hand, rely on the fact that the price is subject to a condition (discount) that cannot be assessed and the transaction price is therefore invalid, and, on the other hand, base the assessment on the transaction price but without the condition. Let's take a look at what the Supreme Court had to say in this dispute. The disputed amount is about ILS 5 million (~1.3 million Eur).

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.

The electronic customs declaration consists of data elements that should be harmonised worldwide so that customs can verify the data flow from the exporting country to the importing country. … The World Customs Organisation has developed the WCO data model, which provides a universal language for cross-border data exchange. The EU has adopted this model for its own purposes and for trans-European use.

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.

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.

Transfer pricing is a rule that was designed in international taxation to establish which part of the income within a multinational enterprise needs to be allocated between two companies in the … same group if they have a transaction between them. The rule, in general, is that they need to act as if they were third parties in order to establish the third-party price. Transfer pricing is important for determining the customs value of goods.

The issue of customs valuation is extremely important for Ukraine. The author has written about it in previous issues of the journal. A special case of customs valuation is no exception - when … the seller and the buyer are related parties. The concept of "related parties" in Ukrainian legislation is fully compatible with the GATT, as the Customs Code of Ukraine refers directly to Article 15 of the WTO Customs Valuation Agreement rather than defining this concept. It would seem that if there is nothing wrong with the legislation and if it is in line with accepted standards and principles, there should be no problems with its application. However, this is not the case.

Artificial Intelligence (AI) - a topic that was barely heard of last year, it now seems to be a topic that appears at almost every conference and can be applied in every field. When we heard … about artificial intelligence and its availability on the market, it seemed so distant and unheard of, and when the first reports appeared in the press, we certainly did not think that we, as customs brokers, would be able to apply it to our own operations. I will not hide the fact that the first people to try out the CHAT GPT tool in our company were our colleagues who are the most interested in information technology and innovations in the market.

'It is December 2039, and various newsbots push the following content to their subscribers: ... Customs is being abolished next January (2040) when the EU's new customs system [Artificial Customs … Intelligence Depository, ACID] comes into operation ... The new system means that most of the approximately 5,500 Customs employees will lose their jobs.' This is how the introduction to the book "Customs Inside Anywhere, Insights Everywhere" by Frank Heijmann and John Peters begins [1].

The Romanian company provides transportation services. It transported goods from the port of Rotterdam (the Netherlands) to Cluj-Napoca (Romania) under transit procedure. Goods were released … into free circulation in Romania. It treated transportation service as VAT exempt because it assumed that transportation cost was included into the import VAT taxable base. Tax authorities claimed otherwise: the taxpayer failed to provide documents confirming that the transportation cost was included into the import VAT taxable base. Consequently, they denied the exemption. The dispute between the company and the tax authorities reached as far as the Court of Justice of the EU (CJEU), which recently issued clarifications on the application of the provisions of the VAT Directive in this case.

Can a small difference between Canadian customs legislation and the WTO Customs Valuation Agreement really affect the customs valuation process and its outcome? The following article attempts … to answer this question.

Skaitytojo klausimas: Skaitome aktualijas iš Jungtinės Karalystės apie jų kuriamą efektyviausią pasaulyje sieną. Būtų įdomu, jei nuolat apžvelgtumėte, kaip jiems sekasi, kokios naujausios žinios? … Atsakydami į klausimą apžvelgiame technologijų panaudojimo tikslus ir bendras kryptis JK, ES, JAV ir kitose šalyse, bei pristatome aktualiai paskelbtą JK pasienio pasitikėjimo ekosistemos pilotinio projekto rezultatų ataskaitą.