Non-compliance with customs laws: who is liable?

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Non-compliance has many forms. It can be technical, such as an error in the completion of the customs declaration, or it can be substantive, such as misrepresenting the value of goods. Who is liable in the case of non-compliance?

In this video, we take a closer look at what is set out in the Articles 79 and 83 of the Union Customs Code and discuss the liabilities of:

  • Declarant;
  • Direct or indirect representative;
  • Other persons involved in bringing goods into customs territory of the Union or taking them out.

The video is an excerpt from the 'Customs legislation' module, which is a part of an extensive 'Customs clearance and trade compliance in the EU' training course.

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You might be also interested in reading these articles:

'Penalties for customs offences in France' by Evguenia Dereviankine and Bertrand Rager
'Sanctions for customs infringements in Germany' by Dr Gerd Schwendinger and Dr Katja Göcke
'Customs infringements and sanctions: different sets of legal rules in the EU' by Andrius Košel and Enrika Naujokė

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Comments ()

Perspective
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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
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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.

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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.

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Customs controls and frontier management: a cybernetic approach to analysis of the EU problem
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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

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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.

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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

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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
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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.

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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
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