News from customs and foreign trade

UPDATE: BAFA fact sheet on Art. 5 of the new Dual-Use Regulation

BAFA has now also published the recently published information sheet on Art. 5, which regulates the export of goods suitable for digital surveillance, in English. The links to both versions can be found here: Leaflet English: https://www.bafa.de/SharedDocs/Kurzmeldungen/DE/Aussenwirtschaft/Ausfuhrkontrolle/20211022_merkblatt_art-5_englisch.html German leaflet: https://www.bafa.de/SharedDocs/Downloads/DE/Aussenwirtschaft/afk_merkblatt_eu-dual-use-vo_artikel-5.html PS: Our update course on the new Dual-Use Regulation will soon be available online as an eLearning course. In this course, Laura Louca and Florian Wolf from BLOMSTEIN will give you an overview of the new regulations. Of course, Art. 5 will also play a key role. So stay tuned!
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UPDATE: Changes to the HS system as of 01.01.2022

In the meantime, the EU Commission has also announced the changes to the Combined Nomenclature (CN), which reflects the 351 changes to the HS system. You can find the link here: https://eur-lex.europa.eu/legal-content/DE/TXT/?uri=uriserv%3AOJ.L_.2021.385.01.0001.01.DEU&toc=OJ%3AL%3A2021%3A385%3ATOC
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It’s “and action” again!

I am currently in Berlin to create new eLearnings on energy and electricity tax law together with the experts from the BLOMSTEIN law firm in Berlin. We started with Reinhart Rüsken, who analysed the current case law from 2021 for you in order to show you the stumbling blocks that need to be avoided in business practice. Next, we will be recording an online training course on electricity tax law with Leonard von Rummel. So look forward to these new courses soon!
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New for 2022: new mandatory information in the export declaration

In the future, the ‘carrier’ must be specified in every export declaration with their EORI number (or alternatively TCUI number for carriers based in the third country). In Germany, this change will be introduced with the AES release 3.0, which is to be implemented as part of a soft migration by April 2023 at the latest. This is likely to pose a massive challenge for many exporters. In my opinion, the only practical solution is to separate the export declaration and the ASumA (the summary of exit display) and to submit the ASumA separately. The carrier is obliged to submit the ASumA before the goods actually leave. Since all ASumA data was already available when the ABD was created, the ASumA information could be transmitted together with the ABD by the exporter, which, to my knowledge, is almost always the case in Germany and makes a separate ASumA largely obsolete. The now necessary separation of ABD and ASumA is likely to lead to an unbearable burden on freight forwarders and logistics companies and to delays in exports.
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