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Tariffs. Customs. Trade Remedies

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Lionel Van Reet (Belgium)

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United Kingdom: New customs regulations set out penalties for exporters’ errors

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The Customs (Preferential Trade Arrangements: Error in Evidence of Origin) Regulations 2024 (the “Regulations”), which introduce into UK law the obligation for exporters to notify their customers if they discover any material error in a Certificate of Origin they have issued, have come into force on 13 March 2024. The Regulations only apply to exports made under the UK’s trade agreements with Canada, Turkey, New Zealand, Iceland, Liechtenstein, Norway and the Comprehensive and Progressive Agreement for Trans-Pacific…

EU: European Parliament adopts its first position regarding reform of the EU Customs Code

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On 13 March 2024, the European Parliament adopted its first reading position on the proposal from the European Commission to repeal and significantly reform the EU Customs Code (which we originally reported on in our blog available here). On 17 May 2023, the European Commission published its proposal for the reform of the EU Customs Code, which aims to change the way that EU customs authorities operate, in particular due to the significant growth in…

EU: European Council and European Parliament Reach Provisional Agreement on the EU Forced Labour Ban

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On Tuesday 5 March 2024, the European Council and European Parliament reached a provisional agreement on the EU Forced Labour Regulation (“Regulation”), which will prohibit the placing and making available on the EU market, or the export from the EU market, of products made, extracted or harvested using forced labour. It is expected that the Regulation will enter into force by the summer of 2024. This follows the Commission’s proposal of the Regulation on 14…

EU: An Introduction to the Carbon Border Adjustment Mechanism (CBAM)

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The transitional phase of the EU Carbon Border Adjustment Mechanism (“CBAM”) is now underway with the deadline for submitting the first CBAM quarterly reports having already passed on 31 January 2024 (although with an extension until the end of February).* The CBAM requires importers to report the embedded greenhouse gas emissions in carbon-intensive goods (initially aluminium, cement, iron and steel, electricity, fertilisers and hydrogen) and, from the commencement of the operational phase in 2026, purchase “CBAM…

EU: First CBAM Filings Due 31 January 2024

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The first filings under the Carbon Border Adjustment Mechanism (CBAM) must be submitted by importers by 31 January 2024. CBAM is the EU’s landmark tool that seeks to put a fair price on the carbon emitted during the production of carbon intensive goods that enter the EU. It requires importers to report ’embedded emissions’ of certain products and of electricity imported into the EU in order to ensure equivalent carbon pricing for imported and EU…

Business consequences and recommendations on the tightened import ban on iron and steel imposed by the EU

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The recent amendments to the Russian iron and steel sanctions that came into effect across Europe on 30 September 2023 have had a significant impact across sectors. We previously reported on the business consequences and recommendations on the tightened restrictions in our blog post available here. Although the latest restrictions are still in their early days, it is becoming increasingly clear that cooperation between sanctions and customs teams within businesses is crucial to ensure that…

Business consequences and recommendations on the tightened import ban on iron and steel imposed by the EU

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We’re reaching out today as we believe the publication of the 11th package of sanctions against Russia deserves your utmost attention! Particularly as it relates to the new anti-circumvention tool and the addition of entities registered outside of Russia on the list of natural or legal persons which are military end-users, form part of Russia’s military-industrial complex or which have commercial or other links with or which otherwise support Russia’s defence and security sector (i.e.…

A substantive rebrand: the UK introduces its new Developing Countries Trading Scheme (DCTS) 

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On June 19, the UK’s new DCTS entered into force, replacing its previous Generalised Scheme of Preferences (GSP) regime. Under the WTO Agreements, developed countries can grant non-reciprocal preferential treatment to products originating in developing and least developed countries, referred to as “special and differential treatment” (S&D) provisions, normally referred to as a GSP. Countries that grant preferential treatment through a GSP determine eligible countries and S&D provisions unilaterally. Along with a rebrand, the DCTS simplifies…

The WTO: a powerful but undervalued organization for customs valuation issues

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World Trade Organization (“WTO”) Members laid out several key principles for determining the customs value of imported goods in the 1995 Customs Valuation Agreement (“CV Agreement”) with the aim of ensuring that the value of Members’ tariff concessions would not be nullified or undermined. Nonetheless, the WTO is – incorrectly – seldomly considered as a relevant forum for addressing customs valuation issues. This blog post highlights two avenues at the WTO for dealing with customs…

The WCO Symposium on E-Commerce and Customs Valuation Highlights Key Challenges

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On 15 February 2023, the World Customs Organization (“WCO”) hosted a Symposium on E-Commerce and Customs Valuation. Several key challenges were identified: The sessions provided a high level overview from the WCO and World Trade Organization (“WTO”) of the current scope of challenges and questions to consider, and featured substantive presentations on the challenges faced by national Customs Authorities (including the European Commission, the CBP and Indian Customs) with input from the private sector in…