Regulatory Compliance updates October 2023

October 24, 2023

Canada: Changes to import requirements for live poultry and raw fresh/frozen poultry products and by-products from France, due to vaccination for Highly Pathogenic Avian Influenza

The Canadian Food Inspection Agency (CFIA) is temporarily suspending the importation of all live poultry, hatching eggs, and raw fresh/frozen poultry products originating from France, effective October 1, 2023. This measure is being taken to manage the potential risk from France's vaccination campaign for Highly Pathogenic Avian Influenza (HPAI). The products affected by this measure are:

  • live birds and hatching eggs
  • all unprocessed avian and poultry products and by-products including eggs, feathers, poultry manure and litter
  • laboratory material containing poultry products/by-products
  • raw or unprocessed pet food containing poultry products or by-products and
  • edible or inedible raw poultry meat from birds slaughtered on or after October 1, 2023

China and EU Agree Export Controls ‘Mechanism’ to Ease Trade Tensions

China and the EU have agreed to set up a “mechanism” to discuss export controls, mirroring a similar effort between Beijing and Washington, as the two trading superpowers seek to ease growing trade tensions. 

Beijing also agreed to buy more EU agricultural goods and resolve issues including a backlog of licences for European infant formula makers following complaints about market barriers to its goods and services.

The EU-China export control mechanism follows an announcement by Washington and Beijing in August that they would set up an “export control enforcement information exchange”. Beijing has bitterly attacked US-led efforts to limit sales of the most advanced semiconductor equipment to China that have also involved manufacturers in Europe and Japan.

Dutch Defence Ministry employee arrested for violation of Russia sanctions

An employee of the Ministry of Defence of the Netherlands has reportedly been arrested for circumventing sanctions against Russia by sending aircraft parts to Russia via “alternative countries”. In March 2023, there were reportedly 45 live criminal investigations into Russia sanctions evasion being undertaken by the Dutch prosecutor’s office.

European Union: Ex-post Evaluation of the Impact of EU FTAs on Key Environmental Aspects, Including Climate

The European Commission calls for a qualitative ex-post evaluation of the impact of the environmental provisions of representative EU trade agreements on key environmental and climate aspects. The findings of the study will be used for internal Commission purposes to support the drafting of a Commission Staff Working paper. The later will evaluate the nexus between EU trade agreements and key environmental aspects, including the climate, analysing the effects of EU trade agreements and reflecting the dedicated effort made to contribute to environmental protection through a mix of joint disciplines and cooperation commitments.

EU foreign investment screening and export controls help underpin European security

The European Commission analysed over 420 foreign direct investments (FDI) into the EU over the past year, according to the Annual Report on FDI Screening released today. In addition, EU Member States blocked 560 requests for exports of dual use goods over the same period. This level of activity demonstrates a clear commitment by the European Commission and Member States to safeguarding European security and public order in times of increased geopolitical tensions. The number of EU Member States with a screening mechanism has grown from 11 to 21 since the EU's FDI screening regulation came into force, with more on the way. As regards dual-use goods (goods which can be used for civil or military purposes), Member States reviewed 38,500 export applications in 2021 for goods worth €45.5 billion. Member States blocked exports on account of security risks in 560 cases, worth a total of €7 billion.

EU amendments/renewals: Iran, Nicaragua, and chemical weapons

  • amended the listing of Iran Composites, adding an alternative name for the entity, “Composites Research Laboratory”;
  • renewed sanctions against Nicaragua until 15 October 2024 and amended the reasons for the listings of 6 Nicaraguan individuals and 1 entity and
  • renewed its chemical weapons sanctions regime against the proliferation and use of chemical weapons for 3 years until 16 October 2026 and prolonged existing restrictive measures against persons and entities for another year, until 16 October 2024.

EU establishes new Sudan sanctions framework

The EU has established a new Sudan sanctions framework imposing asset freezes on people and entities engaging in actions that threaten the peace, stability or security of Sudan, obstructing or undermining efforts to resume the political transition in Sudan, obstructing the delivery of, access to, or distribution of humanitarian assistance, or engaging in acts that constitute serious human rights violations (Council Regulation (EU) 2023/2147, Council Decision (CFSP) 2023/2135). The new sanctions build on existing EU sanctions which implement the UN arms embargo, asset freezes, and travel bans on those who impede the peace process or constitute a threat to the stability in Darfur, and commit violations of human rights law (Council Regulation (EU) No 747/2014, Council Decision 2014/450/CFSP).

EU renews Russia targeted sanctions, non-EU countries align with renewal of Crimea & Sevastopol sanctions

The EU has renewed the Russia (Ukrainian Territorial Integrity) sanctions (Council Regulation (EU) 269/2014, Council Decision 2014/145/CFSP) for a further 6 months. These sanctions provide for travel restrictions, the freezing of assets, and a ban on making funds or other economic resources available to the now almost 1800 listed individuals and entities. The Council did not renew the listings of 4 individuals. The candidate countries North Macedonia, Montenegro, Albania, Ukraine, Moldova and Bosnia and Herzegovina, the potential candidate country Georgia, and the EFTA countries Iceland, Liechtenstein and Norway aligned themselves with the EU’s renewal for 1 year of the Russia (Crime & Seveastopol) sanctions.

EU and UK Russia-connected iron and steel ban coming into force

On 30 September 2023, the Russia-connected iron and steel bans announced by the EU and the UK will come into force, prohibiting the import of iron and steel products from third countries which originate from Russia or are processed from Russian iron and steel.  And, companies are required to provide evidence that this is not the case. The Confederation of British Metal forming is urging companies to urgently explore the legislation, which the Confederation has suggested might be applied with varying degrees of stringency across the EU (Germany suggesting it will take a pragmatic approach whilst Belgium and France have indicated they will take a more stringent approach to the evidence required). The UK Department for Business & Trade and Department for International Trade published guidance on the measures earlier this month, providing examples of what would/would not be prohibited, for instance:

  • steel billets (HS 7207) of Russian origin are exported from Russia and enter Country X. Here, they are transformed into steel rods (HS 7215), such that they are now of Country X origin. These enter Country Y, where they undergo processing into steel wire (HS 7223), before being imported into the UK. This would be prohibited.

India revised duty drawback rates

India customs authority has revised the duty drawback rates for certain products classified under tariff chapters 42, 54, 55, 61, 62, 63, 64 84, 85, 87, 95 etc.

Japan: Amendment to Import Declaration Items and Customs Procedure Agent System from 01 October 2023

The imports of cargo transacted through online shopping platforms and other means have been increasing due to the expansion of cross-border E-commerce (EC). A large number of smuggling of illegal drugs and goods infringing intellectual property rights has been detected. Furthermore, tax evasion cases by declaring unreasonably low import value regarding the cargos utilizing FS (*) are becoming apparent. In response to such circumstances, Japan Customs has amended our import procedures in order to continuously realize both the effective border enforcement and the appropriate collection of taxes as well as securing the smooth import.

Amendment Effective as of 1st October 2023

  • To add “address and name of importers,” which is currently required to be included in the import declaration form, to the import declaration items that are legally-mandatory in the Order for Enforcement of the Customs Act.
  • To clarify the eligibility of importers. (The details are explained overleaf.) 
  • To add items including “relationship between notifier and Customs Procedure Agent” in the notification form for Customs Procedure Agent, and to attach thereto a copy of the delegation contract with Customs Procedure Agent.
  • To establish a rule that enables the Director-General of Customs to designate a person as the Customs Procedure Agent. When a nonresident does not respond to the request by the Director-General of Customs to select and notify Japan Customs of the Customs Procedure Agent, the Director-General of Customs may designate a person who has certain relationships with the nonresident as the Customs Procedure Agent. 

Amendment Effective as of 12th October 2025

  • To add following items to the import declaration items:
  • Whether a cargo is transacted through EC platforms (B2C cargo) or not.
  • Name of the EC platform and other elements if a cargo is transacted through EC platforms.
  • Place of delivery after the import permission.

Kazakhstan bans re-exports of military-related technology to Russia

Kazakhstan has “imposed a ban on the export to Russia of 106 types of goods, including technological items that could be used for military purposes.” Products include drones, electrical chips, and electronics that can be used in war.  These are goods that are not produced in Kazakhstan, but have been re-exported to Russia through Kazakhstan.

Russia bans export of petrol and diesel

Russia has banned the export of petrol and diesel to all countries except members of the Eurasian Economic Union (Belarus, Kazakhstan, Armenia, and Kyrgyzstan).  The ban is temporary and was made to stabilise fuel prices in the domestic market.

Singapore: Mandatory for all securities issued to customs to be in the form of E-guarantees

Singapore Customs imposes securities to cover revenue risks pertaining to certain categories of permit transactions, as well as, for the operation of licensed premises, and other purposes. On 2 November 2022, the Ministry of Finance (MOF) launched the eGuarantee@Gov programme, a simple and secure digital process for businesses to provide bankers’ guarantees or insurance bonds to government agencies. 

Since its implementation, most securities received by Singapore Customs from Financial Institutes (FI) are in the form of eGuarantees. With eGuarantee@Gov, businesses will no longer need to apply for paper-form securities from FIs, making the application process swift, seamless, and cost-effective.

As part of Singapore Customs’ efforts to streamline processes and create greater efficiency with our stakeholders, Singapore Customs will no longer accept paper-form securities. eGuarantees will be mandatory for all securities issued to Singapore Customs with effect from 1 October 2023

United Kingdom: HMRC announce delay to rollout of transit declaration system upgrade

HMRC announced a delay to the implementation of the New Computerised Transit System Phase 5 (NCTS5) 9 October. NCTS5, which will allow traders to amend any pre-lodged transit declarations made on goods moving within countries covered by the Common Transit Convention (CTC), was slated to enter operation on 16 November 2023. In response to concerns from multiple countries that they would not be ready for the rollout, the CTC facilitated an extension which HMRC have opted to implement, pushing back the UK deadline for NCTS5-compliance to 1 July 2024.

Ukraine: Starting from November, the import and export declaration regime will change in the country

From November 7, 2023, by the Plan for harmonizing Ukraine’s customs legislation with EU customs legislation, significant changes will take place in the conditions of customs control and clearance for both import and export goods. In particular, companies that did not manage to obtain the simplifications and benefits provided by the Ukrainian Customs Code or the Convention on Common Transit (AEO – Authorized Economic Operator status) before November 7, 2023, will be required to present their goods to customs. This means that goods will need to be delivered to the customs control zone of the respective customs offices where customs clearance is conducted. Import declarations of the EA type, which allowed customs clearance to be completed without delivering goods to customs, will be canceled! Additionally, provisions that allowed export goods to be exempt from customs presentation will be removed from the Customs Code.

UK guidance on communication interception sanctions

The UK has published guidance on the interception and monitoring prohibitions in UK sanctions on Russia, Belarus, Myanmar (Burma), Iran, Syria and Venezuela. This guidance relates to the meaning of 14 terms used in the schedules, including e.g.: Deep Packet Inspection Network Interception Radio Frequency monitoring Network satellite and jamming Remote infection Speaker recognition Pattern recognition and pattern profiling Remote forensics Semantic processing WEP and WPA.

United Kingdom: OFSI Amends UK General License permitting payments to energy companies for DPs

OFSI has amended General Licence INT/2022/2300292 (Payment to Energy Companies for Gas and/or Electricity). The amendment extends the duration of the General Licence  (there is no longer an expiry date) and allows a person to make permitted payments to energy companies for or on behalf of designated persons.

UK ECJU amends Export Control Order 2008

The Export Control (Amendment) (No 2) Regulations 2023 will come into force on 23 October 2023, amending the Export Control Order 2008:

  • removing Syria from Part 2 of Schedule 4 to the 2008 Order – this does not represent a change in approach on licensing for Syria; Syria will remain listed under Part 4 of Schedule 4; and
  • correcting 2 drafting errors in which words already contained in the retained Dual-Use Regulation were inserted a second time.

United Kingdom: Updates to coverage of commodity codes under Measure Type 722 - Entry into free circulation (restriction - feed and food)

Measures have been applied under Measure Type 722 and Geographic Area 2038 - Countries subject to import restrictions following the Chernobyl accident (Chernobyl accident 2038) for certain products classified under tariff chapters Chapter 07, 08 and 20 as of 1 November 2023.

United Kingdom: HMRC announce delay to rollout of transit declaration system upgrade

HMRC announced a delay to the implementation of the New Computerised Transit System Phase 5 (NCTS5) 9 October. NCTS5, which will allow traders to amend any pre-lodged transit declarations made on goods moving within countries covered by the Common Transit Convention (CTC), was slated to enter operation on 16 November 2023. In response to concerns from multiple countries that they would not be ready for the rollout, the CTC facilitated an extension which HMRC have opted to implement, pushing back the UK deadline for NCTS5-compliance to 1 July 2024.

United Kingdom: OFSI extends and amends UK Russia prior obligations general licence

10th October, OFSI extended General Licence INT/2023/3024200 (notice) for a further 6 months, until 21 May 2024.  The GL permits UK persons who are owed funds or economic resources by a DP, under a contract that was signed before the DP in question was designated, to receive payment pursuant to the terms of the GL.

OFSI amended the GL to:

  • change the definition of “contractual obligation” to exclude contracts involving the financial assets/instruments listed in Annex A and the types of contracts listed in Annex B;
  • make clear that permissions 4 and 5 are applicable for contracts where there is a payment of £200,000 or less outstanding, even where the overall value of the contract exceeds £200,000;
  • expand the excluded list of contracts contained within Annex A by adding more contracts which involve financial assets/instruments; and
  • create an additional annex (Annex B) which lists the types of excluded contracts other than those listed in Annex A.

United Kingdom: Court of Appeal grants anti-suit injunction preventing Russian proceedings in sanctions case

The Court of Appeal yesterday (Oct 11th) allowed an appeal by Deutsche Bank and granted an anti-suit injunction against the proceedings brought by RCA in Russia. The dispute was about non-payment by Deutsche Bank under a guarantee on the grounds that it was prohibited from making payment because of EU Russia sanctions. The judgment is on the UK Judgments section of this site. The court granted the anti-suit injunction because the guarantee contract stated that disputes were to be settled by arbitration in Paris under the ICC rules of arbitration; the English application was not contrary to French public policy on anti-suit injunctions; the English court was the proper place to bring the claim; and there was no good reason not to award the anti-suit injunction.

United States: Export Administration Regulations (EAR): Transfer of Access Information and Release of Software

In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to make a technical correction that also serves to clarify provisions of the EAR pertaining to the release of “software” as set out in the sections on release and transfer of access information. This final rule clarifies an ambiguity in the EAR by adding a cross-reference addressing transfer of access information in the section on releases of “technology” and “software,” as was originally intended. In addition, this final rule adds a clarifying note that, for purposes of transfer of access information, a release of “software” includes both source code and object code.


In this final rule, BIS amends the EAR to make a technical correction that also serves to clarify provisions of the EAR that pertain to the release of “software.” On June 3, 2016, BIS published the final rule, Revisions to Definitions in the Export Administration Regulations (81 FR 35568) (June 3 rule). The June 3 rule added provisions to address releases of “technology” and “software” under § 734.15 and transfer of access information under § 734.19. In § 734.15, this final rule clarifies an ambiguity by adding a cross reference to § 734.19. In § 734.19, this final rule adds a new note to the section clarifying that for purposes of transfer of access information, a release of “software” includes source code and object code.

United States: CBP to begin collecting pecan and Christmas tree fee 

U.S. Customs and Border Protection (CBP) has issued notice to collect the import fee on pecans and Christmas trees beginning November 5, 2023.


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