Post-clearance amendment of a customs declaration: Box 14 'Declarant/ Representative'

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The Union Customs Code sets out that after the release of goods for free circulation the customs declaration may be amended within three years.

May we amend any box of the customs declaration, for instance, change the identity of the declarant and the type of representation in the Box 14?

Let’s find out the answer by overviewing a practical situation! The situation is based on the judgment of the Court of Justice of the European Union in case C-97/19 (please find the case in the resources part).

Resources are available after purchase.

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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.

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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.

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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.

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One of the benefits of being a Customs broker providing services at the international level is experiencing the flexibility and efficiency of many Customs authorities. One of the challenges is dealing with inconsistencies in how they apply regulations, and the lack of a standard in the processes and technologies they use, which prevents them from collaborating more productively with each other. In this article, we compile input from companies, organizations and individuals to give an overview of the challenges they face, explain existing co-operation mechanisms between Customs, brokers and intermediaries, and explore what more could be done.

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