Regulatory Compliance updates 11/21

November 12, 2021

European Union: The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (EU Exit) Regulations 2021

To end recognition of conformity assessments by bodies established in the EU in respect of Transportable Pressure Equipment (TPE) by prohibiting the placing of EU conformity assessed ‘pi’ marked TPE on the GB market on or after 1 January 2023, so that only TPE which has been conformity assessed by a GB appointed body and marked with a UK ‘rho’ marking, or qualifying Northern Ireland TPE, will be accepted on the GB market.

Financial sanctions, Libya

Libya is currently subject to UK financial sanctions. This document contains a current list of designated persons and information on relevant regulations. The Libya (Sanctions) (EU Exit) Regulations 2020 ensure that financial sanctions relating to Libya are implemented effectively after the UK leaves the EU.


This sanctions regime gives effect to the UK’s obligations under United Nations Security Council Resolutions (UNSCRs) including UNSCR 1970 (2011) as well as additional autonomous measures the aims of which are to promote:

  • respect for human rights in Libya;
  • the peace, stability and security of Libya;
  • the successful completion of Libya’s political transition to a democratic, independent and united country; and
  • the prevention of migrant smuggling and human trafficking taking place from Libya.

The Libya regime permits the designation of persons (both individuals and entities) for the purpose of imposing an asset freeze as well as various financial prohibitions if those persons are involved in serious human rights abuses or breaches of international humanitarian law in Libya (including attacks on civilians and facilities), an activity carried out on behalf of the former regime of Muammar Qadhafi and any other activity which threatens the peace, stability or security of Libya (including attacking infrastructure and misappropriating Libyan state funds).

Asset freezing activity also helps protect Libyan state funds (misappropriated during the former regime of Muammar Qadhafi) which could be used to threaten the peace, stability or political transition of Libya.

Republic of Belarus sanctions: guidance

This guidance assists people in implementing and complying with the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019. It covers the prohibitions and requirements imposed by the regulations. It also provides guidance on best practice for:

  • complying with the prohibitions and requirements
  • enforcing them
  • circumstances where they do not apply

This guidance should be read alongside more detailed sanctions guidance published by departments including the Department for International Trade (DIT), Department for Transport, Home Office and HM Treasury, through the Office of Financial Sanctions Implementation (OFSI).

ITA Request Comments on Softwood Lumber Subsidies

The International Trade Administration (“ITA”) published a request for comments on any subsidies, including stumpage subsidies, provided by certain countries exporting softwood lumber or softwood lumber products to the United States during the period January 1, 2021, through June 30, 2021.

The request is limited to subsidies provided by countries that had exports accounting for at least one percent of total US imports of softwood lumber by quantity, as classified under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 4407.1001, 4407.1100, 4407.1200, 4407.1905, 4407.1906, or 4407.1910, in the first half of 2021.

Official US import data, published by the United States International Trade Commission’s DataWeb, indicate that six countries (Austria, Brazil, Canada, Germany, Romania, and Sweden) exported softwood lumber to the United States during that time in amounts sufficient to account for at least one percent of total U.S. imports.

United Kingdom: Declaring reusable packaging for Great Britain imports and exports

Reusable packaging requires an import or export declaration, but if you are claiming Returned Goods Relief or Temporary Admission you can make this declaration by conduct or orally. To be able to make an oral declaration or a declaration by conduct, the packaging must be reusable. In this context reusable packaging are goods that meet all of the following. They must:

  • be useable for transportation of other goods
  • have a relief from import duty at the time of import
  • not be intended for sale
  • be filled on at least one leg of their import or export journey

Packaging like bubble wrap and cardboard boxes are not included as reusable packaging. To qualify for a relief from import duty the reusable packaging must have been in UK free circulation from 1 January 2021. For reusable packaging from the EU, it must have been transported to the EU before 1 January 2021 and returned before 31 December 2021. The reusable packaging must be treated as going into free circulation or declared for Temporary Admission. It cannot go into any other customs special procedure. If you do not use declaration by conduct or an oral declaration you can make a declaration for your reusable packaging using a different process.

United Kingdom: Safety and security requirements on imports and exports

Great Britain (England, Scotland and Wales) is now no longer part of a safety and security zone with the EU. This guide sets out how to meet the safety and security requirements for imports and exports. Safety and security declarations will now apply from:

  • 1 October 2021 – on all goods leaving Great Britain — this includes goods moved in roll on roll off (RoRo) vehicles, empty containers, pallets and vehicles moving to the EU under a transport contract
  • 1 July 2022 – on goods being imported from the EU and other territories to Great Britain that did not require these before 1 January 2021

United Kingdom: Register for the goods vehicle movement service

The goods vehicle movement service (GVMS) is a UK Government IT platform for moving goods into or out of Northern Ireland and Great Britain (England, Scotland and Wales). 

Who should register

If you’re a haulier that moves goods into Great Britain from the EU, you currently only need to use the goods vehicle movement service if your goods are moving under the Common Transit Convention or transit. Ports using goods vehicle movement service to control goods will need pre-lodged declaration references to be linked together within a single goods movement reference (GMR). If you do not use it yet, you should register for goods vehicle movement service as soon as possible to make sure you’re ready for the new requirements from 1 January 2022.

United States: USTR Seeks Comments for Potential Reinstatement of Section 301 Exclusions

The Office of the United States Trade Representative (“USTR”) issued a notice and request for public comments on the potential reinstatement of certain exclusions of tariffs on Chinese imports imposed under USTR’s Section 301 investigation.  USTR will examine 549 previously granted exclusions, many of which expired since December 31, 2020, for possible reinstatement.  USTR will evaluate each exclusion on a case-by-case basis.  The list of exclusions USTR seeks comments on can be found here.  Exclusions on this list were first granted from each of the original rounds of exclusions going back to 2018.  USTR has previously extended each of these exclusions.

The focus of the evaluation will be whether, despite the first imposition of these additional duties in September 2018, the particular product remains available only from China.  In addition, USTR will consider whether reinstating the exclusion will impact or result in severe economic harm to the commenter or other US interests, including the impact on small businesses, employment, manufacturing output, and critical supply chains in the United States.  USTR will also consider the overall impact of the exclusions on the goal of obtaining the elimination of China’s acts, policies and practices covered in the Section 301 investigation.  USTR will consult with other federal agencies, including the Small Business Administration, as part of its review.

The Trade Marks and International Trade Marks (Amendment) (EU Exit) Regulations 2021

This instrument amends statutory instruments (SIs) 2019/269 and 2019/638. Those instruments corrected deficiencies in, and failures of, retained European Union (EU) law to operate effectively as a result of the United Kingdom leaving the European Union. However, since those instruments were made, a change in practice at the European Union Intellectual Property Office has resulted in an unintended consequence affecting a very small number of UK trademarks and trade mark applications. It is necessary to address that issue in legislation.

Tobacco Track and Trace following the UK transition period

This measure will give the UK full regulatory control of the traceability and security features schemes which apply to tobacco products in the UK. It will enable the continued operation of a tobacco track and trace system in the UK, following the end of the transition period. The standalone system in the UK will track tobacco products manufactured in, or imported into, the UK, to the first retailer, using a unique identifier code associated with every packet. The code will be scanned throughout the supply chain and the data will be submitted to a new gateway in the UK. For tobacco products in Northern Ireland, data will be submitted to the new gateway and to the EU system.

Claim a waiver for duty on goods that you bring to Northern Ireland from Great Britain or countries outside the UK and EU

You will need to make declarations and may need to pay any tariffs due when bringing goods into Northern Ireland from Great Britain (England, Wales and Scotland) or from countries outside of the UK and EU. If you are bringing goods into Northern Ireland from Great Britain, you may be eligible to claim a waiver on Customs Duty, which means that you would not have to pay the duty owed.

How much you can claim

If you are eligible to claim a waiver you must do this when your import declaration is submitted. Waivers for duty on goods that would normally be charged ‘at risk’ tariffs are provided in the form of ‘de minimis aid.’ De minimis aid refers to small amounts of aid given to businesses and is calculated in euros.

Allowances and de minimis aid

Most businesses can claim up to a maximum of €200,000 of aid over 3 tax years. The period of 3 years is assessed on a rolling basis. This means that every time you get a new grant of de minimis aid, you need to take into account the total amount of de minimis aid granted in the current tax year and during the previous 2 tax years. The maximum allowance includes all de minimis aid you claim over a period of 3 tax years, including de minimis aid which is not related to Customs Duty, such as Employment Allowance. The maximum allowance includes all de minimis aid you claim over a period of 3 tax years, including de minimis aid which is not related to Customs Duty, such as Employment Allowance. There are lower allowances for businesses in the sector of road freight transport for hire or reward. Businesses in this sector, have a maximum allowance of €100,000 over 3 years.

Before you make a claim

Before you claim a waiver for duty, check you’re within the de minimis allowance for your sector. Your allowance includes all de minimis aid you have claimed during the current tax year and previous 2 tax years from all UK public authorities, including central and local government. De minimis aid could include subsidised contracts, loans or grants. If you are unsure if an aid you claim is counted as de minimis aid you should contact the provider. By claiming a waiver for Customs Duty, you are making a legal declaration that your claim will not result in you exceeding the allowance for your sector.

Participating in the UK Emissions Trading Scheme

A UK Emissions Trading Scheme (UK ETS) replaced the UK’s participation in the EU ETS on 1 January 2021. The 4 governments of the UK have established the scheme to increase the climate ambition of the UK’s carbon pricing policy, whilst also protecting the competitiveness of UK businesses.  This guidance explains who the UK ETS applies to and what is required of businesses that are covered.

Declaring goods you bring into Northern Ireland 'not at risk’ of moving to the EU

If you are a business who brings goods into Northern Ireland from Great Britain (England, Wales and Scotland) or a country outside of both the EU and UK, you will need to submit declarations for those goods. If you do not have experience in customs or would like to find more information, you can sign up for the Trader Support Service to support you with this process. There may be duties due depending on the origin of the goods and whether they are ‘at risk’ of onward movement to the EU.


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