The future of customs brokers: Is it under a real threat?

In Episode 1 "The future of customs brokers" of the monthly CKC Podcast, we concluded that harmonisation of the regulation of customs brokers is needed and also harmonisation of the competences of customs brokers.

One of the listeners pointed out that we did not discuss the question: "Is the customs broker really under threat?". We return to this question in this Episode 2 of the Podcast and discuss it in light of the upcoming changes, especially the EU Customs Reform.

Participants 

The participants in the discussion: Anthony Buckley (Chair of CKI, Ireland), Kevin Shakespeare (Director of Strategic Projects and International Development at the Institute of Export & International Trade, the UK), Dr Momchil Antov (Chairman of the Board of the National Organization of Customs Agents, Bulgaria) and Enrika Naujoke (director of Lithuanian Customs Practitioners Association, which is a member-observer at Confiad).

Discussion

Some of the provisions of the proposed new EU Customs Code discussed (version September 2023):

• Article 27(1): An indirect customs representative acting in its own name but on behalf of an importer or an exporter shall be considered the importer or the exporter for the purposes of Articles 20 and 22, respectively.
• Article 27(3): “A customs representative having the status of Trust and Check trader shall only be recognised as such when acting as indirect representative. When acting as a direct representative, the customs representative may be recognised as Trust and Check trader if the person in whose name and on whose behalf that representative is acting has been granted such status.”

Particpants noted that Trust & Check Trader (TCT) status will replace AEO status in the future. In effect, customs brokers will be pushed to act as indirect representatives and assume liability even for the fulfilment of non-customs requirements. In addition, one of the most important requirements for TCTs is to give customs direct access to the data - no more customs declarations, but direct access to company data. Participants also discussed AEO status in the EU and the UK, and the UK Trusted Trader schemes. 

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