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Customs & Global Trade Law Monitor (UK) - Week 17

It is our pleasure to keep you updated on UK customs and global trade policy changes every week. Refocus your efforts on more important matters, such as growing your company.


Content

  • Three updates from Legislation.co.uk

  • UK Gov announces a new approach to import controls to help ease the cost of living

  • Updates from Legislation.co.uk

  • The UK announces new trade measures to support Ukraine

  • Reference Document for The Customs Tariff (Establishment) (EU Exit) Regulations 2020

  • Reference Documents for The Customs (Tariff Quotas) (EU Exit) Regulations 2020

  • Customs, VAT and Excise UK transition legislation from 1 January 2021

  • Reference documents for The Customs (Reliefs from a Liability to Import Duty and Miscellaneous Amendments) (EU Exit) Regulations 2020

  • Complete your VAT Return to account for import VAT

  • What you can do if things are seized (Notice 12A)

  • Making an entry summary declaration

  • Check if you need to make an entry summary declaration

  • Apply to import goods temporarily to the UK

  • Notice to exporters 2022/16: updated list of dual-use controlled items

  • Joint statement on UK-U.S. dialogue on future of Atlantic trade in Aberdeen

  • Trade with Switzerland: call for input

  • UK kickstarts work on new trade deal with Switzerland

  • New investigations into imports of fibre optic cables from China

  • The UK trade remedies investigations process

  • Russia sanctions: guidance

  • Who is subject to financial sanctions in the UK?

  • OFSI General Licences

 

Updates from Legislation.co.uk


Legislation.co.uk, which is where all the statutory instruments that are relevant to UK customs are published, and it is updated every weekday with a raft of new laws. So we have to check it every day and then report back to you.


As part of our commitment to keeping you informed, we have created a section of our expert blog dedicated to the new UK customs regulations. This is where we summarise the most recent news for you in an easy-to-understand manner and walk you through it. This will create a repertory of laws from which you or your lawyer may draw if you ever need to discover one or examine a specific passage. You may also simply drop us a message in the chat.


This Order amends the Export Control Order 2008 (S.I. 2008/3231) (“the 2008 Order”), which implements the strategic export controls of the United Kingdom.


These Regulations amend the Commission Implementing Regulation (EU) 2019/2072 (the “Phytosanitary Conditions Regulation”) establishing uniform conditions for the implementation of Regulation (EU) 2016/203...


These Regulations are made under the Sanctions and Anti-Money Laundering Act 2018 (c. 13) to amend the Russia (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/855) (“the 2019 Regulations”). The sale of goods and technologies that Russia may use to oppress the people of Ukraine is now prohibited for export.

 

The Government has concluded that it would be wrong to impose new administrative requirements on businesses that may pass on the associated costs to consumers.


Read also:


Subscribers to our "Get A Customs Manager service" receive this exclusive debrief of the government decision to delay SPS controls.


This announcement resulted in updates to guidance:


Guidance has been updated to explain that you do not need to make an entry summary declaration for goods imported from the EU and other territories from which a declaration was not required before 1 January 2021.


 

UK announces new trade measures as part of broad UK economic support to Ukraine. The UK-Ukraine FTA will slash taxes on all items imported from Ukraine to zero, delivering much-needed economic aid. This results in changes to:


Find the UK’s most favoured nation tariff rates as referenced in The Customs Tariff (Establishment) (EU Exit) Regulations 2020.


This updated "reliefs" document lists all the features needed for a good to qualify for a tariff break. It describes how to achieve cheaper import duties and lists eligible goods. This paper gives additional information to safeguard items returning from the UK to Northern Ireland for customs processing. It also assures that Northern Ireland-bound goods are exempt from reliefs.


This collection brings together Customs, VAT and Excise EU Exit legislation and notices that have the force of law applicable to UK transition. Updated with: Notices made under s32A of the Taxation (Cross-border Trade) Act 2018.


 

The Tariff Quotas document indicates how many of each product is available at lower customs duty rates and how much they cost. TRQs will be put up for select UK imports. In addition, most of these TRQs will be allocated on a "first come, first served" basis. This rule ensures that the quotas in this document are satisfied. Check the documents that detail product-specific tariff-rate quotas, including the individual product volumes and rates, and also list of eligible goods and their authorised uses.


Find out how to account for import VAT on your VAT Return if you’re using postponed VAT accounting. Information has been added to the ‘How to complete a VAT Return if you’re having problems with your monthly statements’ section for importers who have been having issues accessing their March 2022 statements.


This notice explains what to do if you have something seized by HMRC or Border Force. The contact details for the Solicitor’s Office and Legal Services have been updated.




How to apply for Temporary Admission to import goods into the UK, or move goods from Great Britain into Northern Ireland, and use them for up to 2 years or more, before re-exporting them. Guidance about applying for authorisation by oral declaration has been updated.



 

Export Controls & Licencing Controls (Import & Export)


This notice advises on changes to the dual-use control list to reflect changes agreed by the international strategic control regimes.



 

Trade Policy Update



Statement follows UK International Trade Secretary’s meeting with U.S. Trade Representative in Aberdeen, Scotland.


HMRC is seeking input on which aspects of our current trading arrangements with Switzerland we should look to improve or amend.


The UK has started work for a new enhanced trade deal with Switzerland following talks between Prime Minister Boris Johnson and Swiss President Ignazio Cassis.


 

ADD


The TRA has opened an anti-dumping investigation and a countervailing investigation into imports of fibre optic cables from China.


How the UK’s Trade Remedies Authority investigates whether trade remedy measures are needed to counteract unfair import practices. New operational guidance on trade remedy exemption reviews.



 

Sanctions Update


You must identify whether you have any accounts, cash, or economic resources for any of the people included in the sanctions lists below. These accounts, as well as any other financial or economic resources held or controlled by the listed people, must be frozen.


Any accounts or financial resources (money) held or controlled by the aforementioned people must be reported to the Office of Financial Sanctions Implementation.


You must not deal with such assets in any manner, and you must send any information from your records that may be useful to OFSI.


Guidance on the Russia (Sanctions) (EU Exit) Regulations 2019. Guidance updated to reflect the provisions in the Russia (Sanctions) (EU Exit) (Amendment) (No. 9) Regulations 2022. This sanctions system is intended to encourage Russia to stop destabilising Ukraine, including activities undermining or endangering Ukraine's territorial integrity, sovereignty, and independence. Asset freezes are imposed on persons recognised as being active in destabilising Ukraine or undermining or endangering Ukraine's territorial integrity, sovereignty, and independence. This includes anybody who engages in, supports, or promotes any policy or action that destabilises Ukraine or undermines or threatens Ukraine's territorial integrity, sovereignty, and independence. Sectoral financial sanctions are also in place to prohibit and limit specific behaviours. These include limitations on the use of transferrable securities.


What you must-do if you deal with a person on a sanction list:


You must:

  1. check whether you maintain any accounts or hold any funds or economic resources for the persons

  2. freeze such accounts, as well as any other funds or economic resources owned or controlled by the persons listed

  3. Refrain from dealing with the funds or assets or making them available (directly or indirectly) to such persons

  4. submit any findings to OFSI, together with any other information that may aid in compliance with the Regulations

  5. give any information on the frozen assets of designated people that OFSI may require. Information sent to OFSI may be shared with other regulatory agencies or criminal enforcement.

A relevant institution is not obligated to submit information about accounts, other money, or economic resources kept frozen for designated people if they have already declared these facts.


Failure to comply with financial sanctions laws, or attempting to do so, is a criminal offence.


The United Kingdom presents a guide to the most recent consolidated list of asset freeze targets, as well as a list of individuals listed in relation to financial and investment restrictions. Access the latest version here.


Under the Sanctions and Anti-Money Laundering Act 2018 ("the Sanctions Act"), OFSI has the authority to grant General Licences for national sanctions regimes. Details of General Licences issued by OFSI. Updated with: OFSI General Licence INT/2022/1679676


 

Question?


Please contact us using the chat if you have any questions regarding these updates.

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