Op 17 maart 2010 organiseert Kluwer Opleidingen opnieuw een seminarie inzake de uitvoer van strategische goederen. Docenten zijn Rudi Du Bois, Export Compliance Manager bij DuPont de Nemours en Pieter Haesaert, partner bij Customs4trade. De opleiding vindt deze keer plaats in Holiday Inn Gent Expo van 9u tot 17u30.
Deze opleiding behandelt zowel de Europese en Belgische reglementering inzake goederen voor tweeërlei gebruik (dual use-goods) als de US re-export regelgeving voor wederuitvoer vanuit België van US technologie en US goederen.

Voor meer informatie en inschrijving, klik hier.

Noël Colpin, the Administrator of the Belgian Customs and Excise Administration, will be in charge of ‘Globally Networked Customs’, a high level WCO working group. ‘Globally Networked Customs’ is an important element of the WCO vision for Customs in the 21st century.

Information technology has enabled customs to be connected electronically to each other, which facilitated the exchange of information in customs operations, including border protection. Therefore the WCO issued in June 2008 ‘Customs in the 21st Century’, a document that sets out strategic direction for customs worldwide. It describes the new challenges and role of customs in the 21st century, explains customs missions and objectives underpinning it. It provides information on development of the new strategic direction for customs and explains the future role of the WCO. In particular, it highlights the coordinated border management and globally networked customs.

The new challenges of the 21st Century demand a new concept of Customs-to-Customs cooperation, a closer real-time collaboration between Customs administrations and between Customs and business in facilitating legitimate trade and undertaking Customs controls, in support of the international trading system.

Therefore a global Customs network was created in partnership between the public and the private sectors to support the international trading system, the so-called ‘e-Customs network’.

The aim of the ‘e-Customs network’ is to ensure seamless, real-time and paperless flows of information and connectivity. This includes mutual recognition of Customs controls and Authorized Economic Operator (AEO) programmes.

The European Commission has published the latest version of the Combined Nomenclature (CN) applicable from 1 January 2010.

The Combined Nomenclature forms the basis for the declaration of goods at importation or exportation or when subject to intra-Community trade statistics. This determines which rate of customs duty applies and how the goods are treated for statistical purposes. The CN is thus a vital working tool for business and the Member States’ customs administrations.

The Combined Nomenclature was established by Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff. It is updated every year and is published as a Commission Regulation in the Official Journal of the European Union, L Series. The latest version is now available as Commission Regulation (EC) No 948/2009 in EU Official Journal L 287 of 31 October 2009. This version applies from 1 January 2010.

Source: Taxud News November 3rd

EU Trade Commissioner Catherine Ashton and Korean Trade Minister Kim Jong-hoon have initialled a free trade agreement (FTA) that is the most important ever negotiated between the European Union and a third country. The deal, estimated to be worth up to EUR 19 billion in new trade for EU exporters, will remove virtually all tariffs between the two economies, as well as many non-tariff barriers. The agreement will create new market access in services and investment. The deal also makes major advances in areas such as intellectual property, procurement, competition policy and trade and sustainable development. The FTA signals an important upgrade of the EU-South Korea relationship, together with a new Framework Agreement.

One of the key benefits of the deal for the European Union is the quick elimination of EUR 1.6 billion of duties for exporters to Korea. The agreement also tackles key non-tariff barriers including regulations and standards in industries of European interest, like automotive, pharmaceutical and consumer electronics. Services sectors such as telecommunications, environmental, legal, financial and shipping are expected to see some of the greatest benefits, with substantial commitments from Korea to liberalise these sectors.

The initialling of the FTA signifies the closing of negotiations with a stable legal text, which the European Commission will formally present to EU Member States in early 2010. Following signature of the agreement by the EU Presidency and the Commission, the FTA will be presented to be approved by the European Parliament. Entry into force of the agreement would then be expected in the second half of 2010.

EU-Korea goods trade was worth around EUR 65 billion in 2008. The EU currently runs a deficit with Korea in goods trade, although trends suggest that the Korean market offers significant growth potential. For instance, EU car sales to Korea went up by a total of 78% in unit sales (39% in value) between 2005 and 2008. For products like chemicals, pharmaceuticals, auto parts, industrial machinery, shoes, medical equipment, non-ferrous metals, iron and steel, leather and fur, wood, ceramics, and glass, the EU enjoys a solid trade surplus. Similarly, for agricultural products Korea is one of the more valuable export markets globally for EU farmers, with annual sales of over EUR 1 billion. On services, the EU has a surplus with Korea of EUR 3.3 billion, with exports of EUR 7.2 billion in 2007 and imports of EUR 3.9 billion.

Source: EU Commission press release DG Trade 15th October 2009

The Recast Regulation 428/2009 on export controls of dual use items has been published in the OJ of the EU, L 134, 29 May 2009. This Regulation shall enter into force on 27 August 2009. As a result, the existing Regulation 1334/2000 shall be repealed.

Article 6 (1) of the Regulation 428/2009 allows each Member State to prohibit the transit of non Community Dual Use items listed in Annex I of the Regulation on case by case basis, namely when there is a serious risk of diversion for Weapons of Mass Destruction purposes in the third country of destination. The Member States shall notify to the European Commission the authorities in charge of prohibiting such operations and such information will be published in the OJ of the EU (As provided for in Article 6 (4)). The Member States shall also notify the Commission if they extend the provision of the Regulation to also prohibit on case by case basis non listed items in transit as allowed by the article 6 (2) of the Regulation. In order to prohibit the transit on case by case basis, the Member State may decide to resort to adhoc ex ante authorisations for certain non Community Dual Use items in transit. The Member State shall notify the Commission accordingly and the Commission will publish such information in the OJ of the EU (Article 6 (2). If a Member State issues an authorisation for transit under these circumstances, such authorisation shall only be valid in that Member State (during discussions in the Council, the MS refused that the authorisation be valid under certain circumstances in all MS as is the case for export authorisations).

The Article 5 of the Regulation allows for ad hoc controls of brokering of dual use items that are listed in Annex I and not located on the EU Customs Territory but subject of transactions between third countries. A member State may extend such controls of brokering activities to non listed items and will notify the Commission that will publish the information on the OJ of the EU (Article 5 (2). The broker will have to request an authorisation for brokering if he has been informed by the competent authorities of the Member State where he is established or if he is aware that such items may be diverted for WMD purposes (Article 5 (1). The authorities in charge of controlling brokering in the Member States will be defined by each Member States and notified to the Commission. The Commission will publish this information on the OJ of the EU. A member State can opt that the broker has to ask for an authorisation for brokering if he has ground for suspecting (and not only is aware) a WMD diversion in conformity with article 5 (3). The Member State will notify the Commission of such policy.

Exporters may consider appropriate to contact their national authorities to enquiry about the options intend to take for transit and brokering (in particular if they extend the controls to non listed items) and what shall the national authorities in charge (customs, foreign affairs, defence, economy, any other administration).

Annex I of Regulation 428/2009 is the list of items and technologies controlled as recently updated to be in conformity with the last changes in Wassenaar, Missile Technology Control Regime, Nuclear Suppliers Group and Australia Group. A summary of changes is available on the DG website to facilitate implementation.

Annex IV lists the items that are subject to licensing prior to their transfer within the EU. It has been updated as well.

A number of articles of “old” Regulation 1334/2000 are now given a different number. The “catch all ” article remains article 4. Article 5 that used to be on national public control lists is now Article 8. Ex article 9 on denials is now article Article 12. Ex article 17 on record keeping becomes Article 20.

The conditions of use of the EU 001 Community General Export Authorisation have been modified but continue to be detailed in Annex II part 3. It has been made clear that ex ante registration, if requested nationally, is automatic and cannot take more than 10 days. Exporters must notify the first use of EU 001 no later than 30 days if there is no ex ante obligation imposed by the MS where the exporter is established. MS may require additional information on the items exported.

Source: EU Commission DG Trade