Friday, January 22, 2021
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Desiderio Consultants Ltd. is a think tank and a network of independent professional international development consultants established to promote and influence customs & trade-related policies in African nations to achieve trade facilitation reforms aimed at improving international and regional trade
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Practical guide to the customs power of attorney and mandate

The latest book written by Danilo Desiderio for the Centre of Studies and Services of the Italian Council of Customs Brokers (Giappichelli Editions) on the "customs power of attorney and mandate" is available in all the bookstores. The book, bearing an introduction written by Mr. Walter de Santis (Director of the Central Area, Controls and Relations with Users of the Customs Agency and Deputy Director of the Customs Agency), deals in a comparative way with the typical procedures with which operators confer the customs representation powers both in the European Union and in several Countries of the world (e.g. USA, Canada, Australia, Russia, Mexico, Japan, etc.), with an in-depth analysis of those cases where the customs broker acts as sub-delegate of a third person (e.g. a forwarding agent), that in turn, has been appointed by the operator as his mandatee. The book gathers and comments a wide range of power of attorney and mandate templates, suggesting practical solutions to the main problems related to the delegation and sub-delegation of customs representation powers.

"Guida pratica alla procura e al mandato in dogana" can be purchased also on-line on the Giappichelli Editor's website, here.


Secure trade and 100% scanning of containers

The European Commission has recently issued a working document containing an analysis of the problems related to the implementaion of the 100% scanning rule for containerized traffic destined to the USA, adopted on July 2007 by the US Congress. According to such a report, the implementation of the above measure of security, laid down in the Section 905 of the "Improving America’s Security Act", requires considerable investments on the part of ports where fluxes of goods destined to the USA start, and causes an increase of the trasport costs for companies, that in turn will impact on the final price of goods, and therefore on the consumers. Moreover, in the Commission's opinion, such measure not necessarily would lead to an increase of the global security.

(continues ... in Italian)


Sigit: the on-line tax litigation testing starts in Lazio Region

On Thursday 16 February the testing phase of the on-line tax litigation will start in Italy. Such mechanism will allow - through the electronic interaction of tax litigation procedures, the Certified Electronic Mail (PEC) and the digital signature - the on-line lodgement of petitions and other pleadings to the Tax Courts, as well as the on-line consultation of the case file and the electronic transmission of decisions issued by tax Courts.


Non-preferential origin and "substantial processing or working" criterion

With the judgement 10 December 2009, “Bundesfinanzdirektion West/Heko Industrieerzeugnisse GmbH”, (Case C-260/08), the EU Court of Justice provides further clarification regarding article 24 of the Council Regulation (EEC) 12 October 1992, No 2913 (Community Customs Code), concerning the determination of the origin of goods obtained by a working process carried out in two or more different Countries. According to such provision, "Goods whose production involved more than one country shall be deemed to originate in the country where they underwent their last, substantial, economically justified processing or working in an undertaking equipped for that purpose and resulting in the manufacture of a new product or representing an important stage of manufacture.

(continues... in Italian)


US Customs: guidelines on the ruling programme

U.S. Customs and Border Protection (CBP) recentently published on its website a new “Informed Compliance Publication” on the presentation of reuests of “ruling” to the customs authorities. “Ruling” requests are very similar to the binding information on tariff (BTI) or origin (BOI) issues regulated by the Community customs Code. They consist of a decision of customs, adopted in the form of a letter (“letter of ruling”), that communicates to the operator, on his request, how goods will be traited with regards to their tariff classification and/or origin when they will be imported in the US territory. This mechanism allows operators to avoid both formal errors in the customs declaration and exposure to the relevant sanctions.


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