Publications

Who is the ‘declarant’ in the context of customs declarations?

A mistake in a declaration can happen very easily. So who is responsible when a mistake happens? The client (the represented party) or the freight forwarder (the representative)?

Incoterms & Customs: common mistakes

Incoterms are delivery terms agreed upon between the buyer and the seller. Since their introduction in 1936, Incoterms have been used worldwide. They are revised every 10 years, with the most recent revision occurring in 2020. Incoterms are also important in the context of customs-related matters. For example, the term determines who is responsible for import and export formalities. Additionally, some of the elements used in calculating the customs value are dependent on the Incoterm. This article describes five common mistakes. Benefit from these insights!

Principle of ‘legal certainty’ in Customs Law

Taxes – including customs duties – are levied based on legislation. The amount of the customs duties is determined by the origin and classification of the goods. The rules for this are established in, among other things, origin protocols and the Combined Nomenclature. When it turns out retrospectively that too little has been collected and an additional charge is imposed, it is often not because the rules are unclear but because an incorrect declaration was made. However, in certain cases, it turns out that the rules were not clear at all and that the declarant believed he or she had made a correct declaration.