November 04, 2020
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Issues of the liability of customs brokers under the Ukrainian customs legislation

Photo by Sora Sagano on Unsplash

For the offenses committed, which are related to the implementation of customs brokerage activities, the customs broker bears responsibility established by the Customs Code of Ukraine (CCU) and other laws of Ukraine. The person authorized to declare goods, commercial vehicles on behalf of the declarant has the same obligations, rights, and bears the same responsibility as the declarant. These norms are contradictory to each other. And on the basis of these norms of the Customs Code of Ukraine, the customs authority builds its further behavioural relationship with the customs broker.

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The long and winding road: pursuing a bad trade decision by a customs officer in the United States
23-01-2025

In the US, the law allows an importer to contest adverse decisions on their customs entries for a number of reasons including differences in appraised value, classification and rate of duty, exclusion from entry and refusal to pay a drawback claim. Anyone who either advises importers or directly pursues what they believe have been incorrect trade decisions made by U.S. Customs and Protection (CBP) knows that the processes can not only be frustrating but also prohibitively expensive.

Ira Reese

customs brokers, law
Perspective
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The long and winding road: pursuing a bad trade decision by a customs officer in the United States
23-01-2025

In the US, the law allows an importer to contest adverse decisions on their customs entries for a number of reasons including differences in appraised value, classification and rate of duty, exclusion from entry and refusal to pay a drawback claim. Anyone who either advises importers or directly pursues what they believe have been incorrect trade decisions made by U.S. Customs and Protection (CBP) knows that the processes can not only be frustrating but also prohibitively expensive.

Ira Reese

customs brokers, law
Case law
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Confiscation of third-party goods in case of unintentional customs infringement: CJEU interpretation
09-01-2025

Nobody likes to be penalised - whether you are an importer, a customs broker, or just a driver taking goods across the border. The penalty is a negative consequence for any person who has committed the offence. It is clear when a person deliberately does something illegal to benefit from it. But what about those who do not intend to break the law but do so inadvertently? Do the negative consequences only affect the person who directly committed the offence? This article seeks to answer these and other questions about the penalties for customs offences in the EU.

Dr Ilona Mishchenko

violations, law
Case law
icon
Confiscation of third-party goods in case of unintentional customs infringement: CJEU interpretation
09-01-2025

Nobody likes to be penalised - whether you are an importer, a customs broker, or just a driver taking goods across the border. The penalty is a negative consequence for any person who has committed the offence. It is clear when a person deliberately does something illegal to benefit from it. But what about those who do not intend to break the law but do so inadvertently? Do the negative consequences only affect the person who directly committed the offence? This article seeks to answer these and other questions about the penalties for customs offences in the EU.

Dr Ilona Mishchenko

violations, law
Perspective
icon
EU sanctions system and the new Customs Code
27-10-2024

The topic of sanctions is of particular importance in EU Customs Law, as sanctions are relevant tools for ensuring the proper enforcement of the latter in EU Member States. In this regard, the Proposal of 17 May 2023 for a Regulation of the European Parliament and of the Council establishing the Union Customs Code and the European Union Customs Authority, and repealing Regulation (EU) No 952/2013, highlights the negative effects of the lack of harmonization in terms of customs sanctions. It is emphasized therein that customs penalties vary greatly across Member States and are subject to evolution over time; in addition, the significant divergences between Member States in the application of sanctions against breaches of customs legislation can lead to a distortion of competition, loopholes and “customs shopping”.

Prof Fabrizio Vismara

violations
Perspective
icon
EU sanctions system and the new Customs Code
27-10-2024

The topic of sanctions is of particular importance in EU Customs Law, as sanctions are relevant tools for ensuring the proper enforcement of the latter in EU Member States. In this regard, the Proposal of 17 May 2023 for a Regulation of the European Parliament and of the Council establishing the Union Customs Code and the European Union Customs Authority, and repealing Regulation (EU) No 952/2013, highlights the negative effects of the lack of harmonization in terms of customs sanctions. It is emphasized therein that customs penalties vary greatly across Member States and are subject to evolution over time; in addition, the significant divergences between Member States in the application of sanctions against breaches of customs legislation can lead to a distortion of competition, loopholes and “customs shopping”.

Prof Fabrizio Vismara

violations
Case law
icon
Is payment of customs duties suspended if a dispute is brought before a court?
19-05-2024

Did you know that customs duties are one of the European Union's own resources? Therefore, when you challenge customs decisions to calculate customs duties, you are essentially challenging EU revenue. In this overview of a recent judgement by the Court of Justice of the European Union, we answer the question of whether, in the event of a dispute with customs, the collection of import duties (customs duties and VAT) is suspended until the outcome of the proceedings is known.

Dr Aistė Medelienė

duties, taxes, violations
Case law
icon
Is payment of customs duties suspended if a dispute is brought before a court?
19-05-2024

Did you know that customs duties are one of the European Union's own resources? Therefore, when you challenge customs decisions to calculate customs duties, you are essentially challenging EU revenue. In this overview of a recent judgement by the Court of Justice of the European Union, we answer the question of whether, in the event of a dispute with customs, the collection of import duties (customs duties and VAT) is suspended until the outcome of the proceedings is known.

Dr Aistė Medelienė

duties, taxes, violations
Case law
icon
Two lessons from case law on the origin of goods
20-03-2024

Editors' note: The recent 20th Authors' Meeting dealt with issues of origin for customs purposes. At this meeting, the author presented two Israeli court cases - one concerning an unauthorised person signing the certificate of preferential origin and the other concerning whether pistachios originated in Iran or Turkey (non-preferential origin for the application of prohibitions). The cases are not necessarily new, but they deal with relevant questions: What happens if the proof of preferential origin is signed by an unauthorised person? Can the authorisation be granted retrospectively? Is the 'statistical and reasonableness check' sufficient for customs to reject the declared non-preferential origin of the goods?

Omer Wagner

violations, origin
Case law
icon
Two lessons from case law on the origin of goods
20-03-2024

Editors' note: The recent 20th Authors' Meeting dealt with issues of origin for customs purposes. At this meeting, the author presented two Israeli court cases - one concerning an unauthorised person signing the certificate of preferential origin and the other concerning whether pistachios originated in Iran or Turkey (non-preferential origin for the application of prohibitions). The cases are not necessarily new, but they deal with relevant questions: What happens if the proof of preferential origin is signed by an unauthorised person? Can the authorisation be granted retrospectively? Is the 'statistical and reasonableness check' sufficient for customs to reject the declared non-preferential origin of the goods?

Omer Wagner

violations, origin
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