CUSTOMS & BORDERS : TECHNICAL USER GUIDE

Page created by Dan Horton
 
CONTINUE READING
CUSTOMS & BORDERS : TECHNICAL USER GUIDE
CUSTOMS & BORDERS : TECHNICAL USER GUIDE

Document prepared by :   Robert Hardy

Contact email :          robert.hardy@eori.uk

Contact telephone :      07487 256 543

Version and date :       v.1.9 Aug 2020
CUSTOMS & BORDERS : TECHNICAL USER GUIDE
GET READY FOR PAPERWORK!

“..all UK exports and imports will be treated equally…..traders in the EU and
                      GB will have to submit customs declarations…..the policy
                      easements put in place for a potential no deal exit will not be
                      reintroduced..”            Michael Gove, Chancellor of the Duchy of Lancaster Feb 2020

UK Government estimates 150,000+ traders will be exposed to Customs formalities for the first
time and an additional 200+ million declarations per annum will be generated by Brexit. And
that is just the UK! When you consider Ireland and mainland Europe the figure is more like
300,000+ traders.

From the UK Government’s perspective Brexit is done, UK have left the EU. The next phase is all
about trade agreements with the EU and the rest of the world. What are the key factors?

     -    Customs formalities will be required
     -    TSP (the simplified UK import process) has been withdrawn
     -    Safety & security declarations will be required
     -    UK imports (and exports) will require SPS* health certification as appropriate
     -    Goods subject to SPS will be required to pass through a Border Control Post (BCP)
     -    All tariffs are under review, do not expect information until Q4 2020
     -    UK VAT does NOT need to be paid at importation. Handled through VAT returns
     -    Movements from GB to NI require import entry in NI and may be dutiable
     -    SPS goods from GB to NI require health certificate and BCP on arrival

The Northern Ireland Protocol is established on the basis that NI remains in the UK Customs
territory, but is working to the EU Customs code. Certain goods at risk of moving to Republic of
Ireland will be subject to EU duty on arrival in Northern Ireland. The Joint Committee is responsible
for defining the categories of goods at risk. Expect outline information Q3 2020.

The over-riding message is very clear : prepare for paperwork and process.

*SPS = Sanitary and phyto-sanitary (products of animal origin, plants, vegetables, fruit and produce). Fish could also require

additional control in the form of catch certificates.

  © RMHardy Aug20 - CONFIDENTIAL                                                                                2|Page
CUSTOMS & BORDERS : TECHNICAL USER GUIDE
THE TIME IS NOW!!-

We have spent the last two years preparing for day one and are well advanced. Now we need you to
do your bit! It is vital that we can handle transaction data quickly so that we do not become a
bottle-neck in the process. We are determined to be able to turn documents around in minutes
rather than hours, hence this guide.

There are two distinct elements :   NOW and NEXT

Right now, we need to collect, collate and verify your data. This will enable us to build the master
files and submit test entries to verify coding to be used in a live environment. This is a vital step and
should not be under-valued. Data elements we require:-

                                             •    VAT and EORI numbers
                                             •    Incoterms to identify if DDP being used
                                             •    Commodity (HS) codes to check controls
                                             •    Origin data to ascertain duty liability
                                             •    Deferment account for payment of duty (if any)
                                             •    Duty reliefs and simplifications

We have developed an online tool to collect this data. Click HERE to access the page or click on the
screen image above. Successful data submission will generate a unique CCC VIP code which will give
you (a) fast-track access to our Customs team and (b) reduced documentation charges as we are
able to semi-automate large parts of the process.

Complete the online process NOW and our team will start to build the essential files. The process
should take less than 15 minutes initially but will allow us to record and test your data so that issues
can be identified and mitigated in advance and before trucks are involved.

For us, NEXT is an acronym to identify a new load. New EXpected Truck. Load data needs to be
clear, accurate and timely. We match the load information to the CCC VIP data held on file, produce
the relevant documents and lodge these according to the truck routing.

 © RMHardy Aug20 - CONFIDENTIAL                                                              3|Page
CUSTOMS & BORDERS : TECHNICAL USER GUIDE
Customs and border processes vary according to the origin/destination of the load and the routing
of the truck. We have mapped over 60 route variations and built these in to an interactive mapping
tool. It is not just about Customs paperwork. It is pointless having a Customs declaration if you
don’t know how to lodge it at the port, or an export health certificate if you have failed to alert the
Border Control Post of your arrival. We take care of these key elements:-

    -      Export documentation
    -      Transit movements
    -      Import documentation
    -      Exit and entry Safety & Security declarations
    -      TRACES NT / IPAFFS
    -      Border Control Post alerts
    -      MRN tracking
    -      Port system lodgement (including GVMS)
    -      SMART Freight portal to obtain KAP (Kent Access Permit)

..and we do all of this 24hours a day, 7 days a week

Our teams are well trained (UK Customs Academy and BIFA) and loaded with experience, including
the former Operations Director of the Customs freight terminal at Dover and Freight Director of P&O
Ferries.

As the Customs Clearance Consortium, representing hundreds of thousands of freight movements,
you can be assured that we are very close to the action when it comes to border process design and
implementation. We sit on a number of influential and important Whitehall panels including the
Border Delivery Group, Logistics Steering Group, NI Protocol Implementation and the Future Borders
Group each of which reports directly to the Cabinet Office

 © RMHardy Aug20 - CONFIDENTIAL                                                              4|Page
CLOSE THE GATE!!

“Trade isn't about goods. Trade is about information. Goods sit in the
warehouse until information moves them!”                      C. J. Cherryh

Not sure we fully agree with the quote but you get the point; information is key to the process and
nothing moves without data. We recommend you adopt our ‘close the gate’ process so the truck
can be detached from the paperwork timeline. Think of it like an airline, the gate closes before the
plane is ready to leave – this is a great way to handle Customs processes. Do NOT wait for the truck
to start (or finish) the process; close the load and wait for the truck to collect it – most of the
paperwork can be ready in advance and does not need to wait for the trailer – remember for CCC
VIP users we can turn paperwork around very quickly.

We have made it easy for you to pass load data to us day or night. There are three options (in no
particular order) :-

 PORTAL – manually input the data by answering a series of questions

 SLICK – quick entry input standard entries (CCC VIP only)

 CDI – Customs Data Interchange : transfer data to us by xml, csv, xls or pdf (you choose)
                                             PORTAL and SLICK are already available HERE. Feel free
                                             to try the system so you can understand the auto-
                                             responses and the flow of questions you will be asked.
                                             Many traders who had initially looked at handling
                                             Customs documentation in-house have instead trained
                                             their staff to use PORTAL and/or SLICK (they are quick to
                                             learn!). Better to have a 24 hour managed service than
                                   stand-alone software and limited front-line experience.

For CDI we have spent time refining the data file definition. Recognising that this may involve IT
resource at your end we felt it important to provide a version that you can confidently subscribe to.

 © RMHardy Aug20 - CONFIDENTIAL                                                                 5|Page
CUSTOMS DATA INTERCHANGE!!

We can handle the transaction data in most formats, as shown in the above graphic. Our integration
tool will convert to the format we require for processing. Our integration tool is also compatible
with SFTP, AS2 and standard email channels.

As you will clearly see from the graphic, the master data filter is an essential part of the entire
process. This is precisely why we need you to provide this information NOW so we can test and
refine the NEXT phases using your data.

It should also be noted that whenever you introduce a new product, part of that process MUST be to
inform us as your Customs partner. Last minute surprises will delay the processing of paperwork
whilst we build the master data elements and this can easily be avoided with forward planning.

The full data file definition is shown at ANNEX I.

 © RMHardy Aug20 - CONFIDENTIAL                                                                6|Page
There are 60+ data elements, reduced to less than 25 for CCC VIP status clients, hence the vital need
to build master data NOW, so that NEXT can be processed quickly and efficiently.

You will see from the data elements (ANNEX I) that a large part are ‘not required if CCC VIP’, the
simple reason is that codes and relationships will be held in our master data files and will be picked
up as your transaction data passes through this filter. We cannot stress enough how important it is
to complete the NOW phase otherwise day one processes could be delayed unnecessarily (and cost
more if handled manually).

In the next release of this guide we will deal with error reporting, submission confirmation and
return data from us once the Customs and/or border process is lodged or completed.

In the meantime there are a few areas of house-keeping required. For us to present Customs
declarations on your behalf we legally require authorisation to do so from the exporter or the
importer, depending on the document(s) required. See ANNEX IV. Please complete this form and
email it back to us. Please also complete and return the account application form and Terms &
Conditions. See ANNEX V.

We hope this guide answers many of your questions. We will continually review the content herein
and make any amendments that may be required as UK/EU negotiations progress. We have also
created a short explainer video which can be accessed HERE.

Kind regards

Robert Hardy

Commercial Director

 © RMHardy Aug20 - CONFIDENTIAL                                                             7|Page
ANNEX I : CDI DATA FILE DEFINITION
If client has pre-lodged their master data (and will have been given a CCC VIP code) then we only
require the below data per consignment

We have created a simple entry screen for this
which may help you visualise the process. Feel
free to test it here :
https://www.mybrexit.uk/Customs_Entry

Allowable data elements are as per EDIFACT
character set B, see ANNEX III.

 © RMHardy Aug20 - CONFIDENTIAL                                                           8|Page
If client has NOT provided master data in advance, we also need the following:-

In the absence of information to the contrary we will use defaults and maximums for the following:-

 © RMHardy Aug20 - CONFIDENTIAL                                                          9|Page
ANNEX II : ALLOWABLE DATA ELEMENTS

© RMHardy Aug20 - CONFIDENTIAL                                 10 | P a g e
ANNEX IV : STANDING AUTHORITY TO ACT AS CUSTOMS REPRESENTATIVE
 Name of person signing, (who must have authority to sign on behalf of the importer or exporter)

 Having authority to sign on behalf of:-
 (A) Legal name of importer or exporter                                            UK EORI number

                                                                                   IRL EORI number
 Hereby appoint:-
 (B) Legal name of Customs Clearance Agent                                         UK and IRL EORI number
     Oakland Invicta Ltd & Oakland International
                                                                                   GB269573944000 / IE9629519E
     (operating as the CUSTOMS CLEARANCE CONSORTIUM)

to act on behalf of the entity named at A above in the capacity of a DIRECT REPRESENTATIVE or INDIRECT REPRESENTATIVE
as appropriate (see below) in accordance with Articles 18 and 19 of Regulation (EU) No. 952/2013. This authorisation is
applicable to all relevant consignments arriving or departing from the UK and/or Ireland as appropriate. This appointment
applies with effect from the date of signature until revoked by the entity named at A above. The entity named at A above
authorises their representative, the customs agent named at B, to declare goods to HMRC and/or Irish Revenue
Commissioners using:-

 UK Deferment Approval Number (DAN) if you have one            IRL Deferment Approval Number (TAN) if you have one

Note: In accordance with the Union Customs Code, a DIRECT REPRESENTATIVE acts in the name of and on behalf of another
person. In relation to import/export declarations, the importer/exporter will be liable for any customs debt arising from the
declaration. Where the Customs declaration is presented in the same territory as that within which the entity named at A
above is legally established the agent named at B above will act as DIRECT REPRESENTATIVE.

In accordance with the Union Customs Code, an INDIRECT REPRESENTATIVE acts in their name but on behalf of the
importer/exporter. The two parties are jointly and severally liable to Customs relative to all declarations that are covered by
this empowerment. Where the Customs declaration is presented in a territory other than that within which the entity named
at A above is legally established the agent named at B above will act as INDIRECT REPRESENTATIVE.

The entity named at A above hereby indemnifies the agent named at B above in respect of all and every liability in respect of
Customs declarations completed by B on behalf of A, regardless of whether that is on a DIRECT or INDIRECT REPRESENTATIVE
basis and undertakes to reimburse B in respect of any expenses incurred by way of duties, taxes, levies and any other charges
whatsoever for which B may become liable as a result of presenting a Customs declaration on behalf of the entity named at
A above.

Union Transit : In consideration of B giving an undertaking in respect of a Community Transit operation (including Union
Transit and Common Transit) upon instructions from A, A hereby indemnifies B in respect of all and every liability which may
be imposed upon B in respect of the said transit operation, and A undertakes to make payment to B forthwith and reimburse
B in respect of any expenses incurred by B by way of duties, taxes, levies and any other charges whatsoever for which B may
become liable as a result of giving such an undertaking.

 Signed                                                        Print Name

 Position in company named at A above                          Date of signature

                         Please complete and return to INFO@EORI.UK

  © RMHardy Aug20 - CONFIDENTIAL                                                                               11 | P a g e
ANNEX V : ACCOUNT APPLICATION FORM
Trading name of organisation:                          VAT Number:

                                                       Company Registration Number & Date of Incorporation:

Trading Address:                                       Names of Parent / Group / Associated Companies:

                             Postcode:                  Please give the details of TWO trade references and your Bank below
Registered Office (if different from above)            1. Company Name and Address

                             Postcode:                 Contact :                            Tele:
Invoice Address (if different from above)              2. Company Name and Address

                             Postcode:                 Contact :                            Tele:
Payment Contact Name:                                  Your Bank Name:

Email:                                                 Account Name:

Tele:                                                  Account Number:                      Sort Code:

Credit Limit Requested (GBP):                          Oakland Invicta Limited credit terms are subject to status and will be
                                                       confirmed individually following credit status checks. We reserve the
                                                       right to withhold services until overdue accounts are paid in full.

               By signing, you are agreeing to Oakland Invicta Limited terms & conditions of business
Signature:                                             Print Name:

Position in Company:                                   Date:

                                                 FOR OFFICE USE ONLY
Account Number Created                                  Date Account Opened

Credit Limit Set (GBP)                                 Payment Terms Agreed

                              Please complete and return to INFO@EORI.UK

         © RMHardy Aug20 - CONFIDENTIAL                                                                  12 | P a g e
TERMS & CONDITIONS OF BUSINESS
OAKLAND INVICTA LIMITED, (registered number 10666593) whose registered office is at Seafield Lane, Beoley, Redditch,
Worcs, B98 9DB (Oakland) operates with the following Terms and Conditions in relation to services provided for Customs
clearance and Customs related services.

Oakland will provide services to its customers (Client) using any of its own facilities or by instructing sub-contracted partners.

These Terms and Conditions are issued to the Client prior to commencing operations and will be deemed as incorporated
within 9 days of their submission by post or within 7 days of their submission by e-mail, and any subsequent additions or
amendments will be made only by agreement by Oakland and the Client in writing.

  1.   Definitions
       a) "Client" is any person, firm, association or corporation at whose request or on whose behalf, either directly or
            indirectly, Oakland undertakes any business or provides advice, information or services.
       b) "Customs Duties" means any duties, taxes and levies on imported goods.
       c) "Disbursements" means any payment made by Oakland, on behalf of the client, for any product or service
            rendered in connection with the facilitation of the import and export of goods but not limited to Customs duties,
            taxes, freight, veterinary checks, penalties, interest and fines and any other payment.

  2.   Fees and Disbursements
       a) The fees shall be in accordance with the fee schedule as agreed upon between the Client and Oakland as
            amended from time to time.
       b) The Client shall pay to Oakland all fees charged for services rendered by Oakland to the Client.
       c) Disbursements incurred by Oakland on behalf of the Client shall be reimbursed to Oakland by the Client.
       d) All charges and fees quoted are exclusive of VAT unless otherwise stated.

  3.   Invoicing and Payment
       a) Oakland shall issue invoices to the Client for all fees and Disbursements pertaining to services rendered to and
            on behalf of the Client.
       b) All such invoices shall be payable upon receipt, or as otherwise agreed, by the Client.
       c) In the event of default of payment by the Client, Oakland, in addition to any other legal rights and remedies shall
            have the right to retain, in its possession, all goods of the Client which are currently in its possession and all goods
            of the Client which may, in the future, come into its possession. The right of possession shall include the right to
            sell the goods by public auction in the event that such default shall continue for a period of 45 days.
       d) No debt due to Oakland by the Client may be assigned to any other party without express written agreement by
            Oakland.
       e) Oakland Invicta Ltd also operates with associated and/or subsidiary companies which include Oakland
            International Ltd (registered number 3646102) Oakland Distribution Ltd (registered number 06904554) Kool 4
            Logistics Ltd trading as Oakland International (registered in Ireland number 469561) and Oakland Environmental
            Ltd (registered number 7672293). Any debt due to Oakland and/or any of its associated or subsidiary businesses
            may for the purposes of debt recovery be treated as a single debt to avoid unnecessary legal costs. Similarly,
            Oakland will have the right of set-off to contra any monies owed to the Client by Oakland’s associated or
            subsidiary companies against the debts due to Oakland Invicta Ltd.

  4.    Advancement of Funds
       a) Upon request by Oakland, the Client shall provide to Oakland, prior to the release of a shipment of goods
           imported by the client, sufficient funds to enable Oakland to pay on behalf of the Client all Disbursements that
           are estimated by Oakland to be payable on such shipment.
       b) If, at any time, Oakland determines that additional funds are required with respect to goods imported by the
           Client, the Client shall upon demand advance such additional funds to Oakland.
       c) If after payment of Disbursements by Oakland concerning the goods imported by the Client any balance of funds
           remains outstanding to the credit of the Client, Oakland shall return to the Client, unless instructed by the Client
           to the contrary, any remaining balance of funds.

  © RMHardy Aug20 - CONFIDENTIAL                                                                                   13 | P a g e
d)   If the Client fails to advance funds to Oakland upon request by Oakland as aforesaid, Oakland shall have no
          obligation with respect to rendering Services concerning the goods for which advance funds had been requested
          by them.

5.   Duties and Responsibilities of the Client
     a) The Client shall:
         i.       provide to Oakland all information necessary for Oakland to provide the services set out herein, including
                  all information required to complete Customs documentation and/or data requirements;
        ii.       promptly review all documentation and/or data and notify Oakland of any inaccuracies, errors or omissions
                  found therein and advise Oakland promptly and within the time periods set out in paragraph 7 hereof;
       iii.       reimburse and indemnify Oakland with respect to any of the matters set out in subparagraph (c) hereof;
       iv.        indemnify Oakland against any and all actions, claims or demands of any nature whatsoever arising from
                  third party claims which result from inaccuracies, mistakes or omissions in the information and
                  documentation provided to Oakland by the Client or its agents and relied upon by Oakland
        v.        Not solicit or hire directly or indirectly any employee of Oakland during the term of this agreement or after
                  the termination of thereof.
     a) The Client warrants that it is the importer, exporter, logistics provider, Customs broker or owner of the goods for
            which it has retained Oakland; that it has full power and authority to retain, appoint and instruct Oakland; and
            that all information provided to Oakland shall be complete, true and accurate and acknowledges that Oakland
            shall be relying on such information to provide the services set out herein;
     b) The Client shall be solely liable for:
         i.       any and all Disbursements made by Oakland on behalf of the Client;
        ii.       any Customs duties, fines, penalties, interest or other levies imposed by Customs or other Government
                  Departments with respect to the goods imported or to be imported, or exported or to be exported, by the
                  Client;
       iii.       any loss or damage incurred or sustained by Oakland in relation to the provision of services to the Client
                  herein.

6.   Duties and Responsibilities of Oakland
     a) Oakland shall at all times provide services in a timely and professional manner in accordance with the generally
         accepted standards of the Customs brokerage industry and in compliance with all applicable laws and regulations
         in force.
     b) All information pertaining to the Client shall be kept confidential by Oakland and its sub-agents, if applicable, and
         shall only be released to Customs as required by law, subject to instructions from the Client to Oakland to release
         the information to third parties.
     c) Oakland shall take all reasonable steps to provide services in accordance with the instructions from the Client,
         provided however, that should Oakland reasonably consider that it is in the interest of the Client to depart from
         the Client's instructions, Oakland shall have the authority to do so and shall be indemnified by the Client for so
         doing.
     d) Oakland shall provide to the Client in respect of each transaction or summary accounting made on the Client's
         behalf a copy of the accounting documents and/or data pertaining thereto.
     e) Oakland shall promptly account to the Client for funds received to the extent that these funds are from the Client
         by way of advances provided in paragraph 4 hereof in excess of the Disbursements payable in respect to the
         Client's business with Customs or other Government Departments.
     f) Oakland shall not be liable for any error in judgment or for anything which it may do or refrain from doing or for
         any resulting or consequential damage or loss caused by the negligence of Oakland or by an act of God or other
         act or cause beyond the reasonable control of Oakland. Oakland shall not be liable for any failure to provide the
         services which is a result of Customs computer system being unavailable or incapable of receiving data for any
         reason.

7.   Errors and Omissions
     a) Any errors or omissions Customs documents and/or data transmissions must be reported in writing to Oakland
          by the Client as soon possible but in any event within 10 days of receipt of the documents and/or data.
     b) Oakland shall not be responsible for any errors or omissions unless the same are reported to Oakland within the
          said 10-day period.

© RMHardy Aug20 - CONFIDENTIAL                                                                                 14 | P a g e
8.   Termination
      a) In the event that this Agreement is terminated and there are any outstanding matters pertaining to the Client
          for which Oakland has been engaged by the Client and for which Oakland remains liable, the Agreement shall
          continue in force with respect to such matters until such matters are concluded and payment by the Client to
          Oakland of such funds as may be required to satisfy all outstanding payment liabilities of Oakland to Customs
          and others (including all Fees and Disbursements) has been made by the Client.

 9.   Governing Law
      a) These Terms & Conditions supersede all prior agreements and understandings relating to its subject matter and
          shall be governed according to English law and under the jurisdiction of English courts.
      b) Should these Terms & Conditions be translated into any other language the English version shall prevail for all
          interpretation purposes.

 10. Severability
     a) Each of the clauses of these Terms & Conditions is and shall be deemed to be separate and severable and if any
         provision or part of these conditions is held for any reason to be unenforceable, the remainder of these Terms
         & Conditions shall remain in full force and effect.

Oakland will notify the Client of any modifications to these Terms and Conditions in writing by email or post.

These Terms and Conditions have been read, understood and agreed by both parties.

                                Authorised signatory of Oakland Invicta Limited
 Signature                                                      Print Name
                                                                Robert Hardy
 Position in Company                                            Date
 Operations Director                                            August 2020

                                                                Company Name
 Authorised signatory of the Client

 Signature                                                      Print Name

 Position in Company                                            Date

  © RMHardy Aug20 - CONFIDENTIAL                                                                                 15 | P a g e
You can also read