Managing risk - forced labour, sanctions and deforestation

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In recent months, it has become clear that many economic operators, especially agents and others who are not directly involved in procuring regulated goods, are worried about the extent to which they may be exposed to risk of being found guilty of participating in non-compliance.

This stems from the concept  of “obligation of result”, where all operators in the supply chain are expected to exercise “reasonable care”, “an excess of caution”, or “prudence”, all of which are subjective terms, capable of different interpretations.

In this recording of the webinar on updates to EU customs law, Anthony Buckley shares some thoughts, referring specifically to the Deforestation Regulation 2023/1115, the upcoming regulation on Forced Labour, and the updated FAQs on “best efforts” in the context of Russia/Belarus sanctions. He refers to a recent case where he gave advice.

Please find the slides in the resources section.

Resources are available after purchase.

Comments ()

Topic spotlight
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Customs compliance and awareness amongst traders
29-09-2024

It would seem that customs compliance is one of the most complex and pressing issues for all companies and individuals involved in global trade. But is this really the case? Is there a widespread understanding of how important it is to be aware of customs legislation and regulations and to keep up to date with the frequent changes and innovations? This question was discussed by experts from the EU, the UK, Brazil, Israel, Pakistan and Côte d'Ivoire at the 23rd Author's Meeting. The discussion revealed that many problems hindering customs compliance are similar in many countries. We invite you to read an overview of this discussion below.

knowledge management, risk management
Topic spotlight
icon
Customs compliance and awareness amongst traders
29-09-2024

It would seem that customs compliance is one of the most complex and pressing issues for all companies and individuals involved in global trade. But is this really the case? Is there a widespread understanding of how important it is to be aware of customs legislation and regulations and to keep up to date with the frequent changes and innovations? This question was discussed by experts from the EU, the UK, Brazil, Israel, Pakistan and Côte d'Ivoire at the 23rd Author's Meeting. The discussion revealed that many problems hindering customs compliance are similar in many countries. We invite you to read an overview of this discussion below.

knowledge management, risk management
Perspective
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Customs controls and frontier management: a cybernetic approach to analysis of the EU problem
26-08-2024

In the light of present-day security concerns, customs controls are an area of significant importance as a means of national security as well as the economic defence and security of the nation-state or supranational blocks. Although this is a general issue of complex systems, in this article, the problem of control in EU, specifically indicated in Special Report of the European Court Of Auditors, is addressed. The problem is being ignored for several years already. This unaddressed problem indicates another issue, even more important – the defective control mechanism in EU, which fails to recognize critical issues and fails to initiate the corrective actions by taking responsibility and by claiming the ownership of the problem.

Mark Rowbotham

risk management
Perspective
icon
Customs controls and frontier management: a cybernetic approach to analysis of the EU problem
26-08-2024

In the light of present-day security concerns, customs controls are an area of significant importance as a means of national security as well as the economic defence and security of the nation-state or supranational blocks. Although this is a general issue of complex systems, in this article, the problem of control in EU, specifically indicated in Special Report of the European Court Of Auditors, is addressed. The problem is being ignored for several years already. This unaddressed problem indicates another issue, even more important – the defective control mechanism in EU, which fails to recognize critical issues and fails to initiate the corrective actions by taking responsibility and by claiming the ownership of the problem.

Mark Rowbotham

risk management
Topic spotlight
icon
DAP Incoterm and imports
18-07-2024

The Incoterms book addresses in the introduction the situation where the two most extreme cases, EXW and DDP, may not be the best choice. The reason is that the buyer or seller has to fulfil customs formalities in “foreign” countries. If they can – that’s fine. If not, it’s better to use another term.

Bert Van Leeuwen

law, risk management
Topic spotlight
icon
DAP Incoterm and imports
18-07-2024

The Incoterms book addresses in the introduction the situation where the two most extreme cases, EXW and DDP, may not be the best choice. The reason is that the buyer or seller has to fulfil customs formalities in “foreign” countries. If they can – that’s fine. If not, it’s better to use another term.

Bert Van Leeuwen

law, risk management
icon
Compliance
07-07-2024

Compliance means that a person or organisation complies with the applicable laws and regulations of their own accord or adheres to them. Learn about the international standard definition of compliance and what customs authorities do to ensure compliance.

risk management
icon
Compliance
07-07-2024

Compliance means that a person or organisation complies with the applicable laws and regulations of their own accord or adheres to them. Learn about the international standard definition of compliance and what customs authorities do to ensure compliance.

risk management
Case law
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CJEU on the fairness of penalties for customs infringements in the EU
03-03-2024

In the European Union, customs penalties and their proportionality fall within the national competence of the Member States. In a recent judgment, the Court of Justice of the EU (CJEU) ruled that the imposition of an administrative penalty of 50% of the amount of duty underpaid is justified "notwithstanding the good faith of and precautions taken by the operator concerned". What does this mean for EU importers who declare the non-preferential origin of goods on the basis of proofs issued by the authorities of third countries that turn out to be incorrect? We provide an overview of the case and consider what conclusions economic operators could draw from it.

Dr Ilona Mishchenko

risk management
Case law
icon
CJEU on the fairness of penalties for customs infringements in the EU
03-03-2024

In the European Union, customs penalties and their proportionality fall within the national competence of the Member States. In a recent judgment, the Court of Justice of the EU (CJEU) ruled that the imposition of an administrative penalty of 50% of the amount of duty underpaid is justified "notwithstanding the good faith of and precautions taken by the operator concerned". What does this mean for EU importers who declare the non-preferential origin of goods on the basis of proofs issued by the authorities of third countries that turn out to be incorrect? We provide an overview of the case and consider what conclusions economic operators could draw from it.

Dr Ilona Mishchenko

risk management
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