Regulatory Compliance updates 06/22

Canada Introduces an Import and Export Ban on the Trade of Certain Luxury Goods with Russia

On May 18, 2022, Canada further amended the Special Economic Measures (Russia) Regulations to prohibit the export of certain luxury goods and goods that could be used in the manufacturing of weapons to Russia, to prohibit the import of certain luxury goods from Russia, and to list an additional 14 oligarchs, close associates of the Russian regime, and members of their families.

On May 27, 2022, Canada further amended the Special Economic Measures (Russia) Regulations to list an additional 22 individuals who are senior officials of financial institutions and their family members, as well as 4 key financial institutions and banks.

On June 7, 2022, Canada further amended the Special Economic Measures (Russia) Regulations to prohibit the provision of 28 services to the Russian oil, gas and chemical industries, including technical, management, accounting, and advertising services. 

EU leaders agree on the sixth package of sanctions against Russia

30 May - Meeting at the special European Council, EU leaders agreed on the sixth package of sanctions that will include a ban on almost 90% of all Russian oil imports by the end of the year. President von der Leyen called it an important step forward. The leaders also reiterated EU’s unwavering support to Ukraine, including for its future reconstruction. 

India Imposes Restrictions on Sugar Exports from June 1, 2022

In a significant move, the government placed restrictions on sugar exports today to prevent a surge in local prices. According to reports, the govt has told traders to secure permission for overseas sale of sugar from June 1 to October 31. The move primarily seeks to improve availability of the sweetener in the domestic market and check price rise. 

India: Government brings import of paper under compulsory registration from October 1

The Government has brought the import of paper under compulsory registration from the 1st of October. The import policy of major paper products has been amended from ‘Free’ to ‘Free subject to compulsory registration under Paper Import Monitoring System’. A notification to this effect has been issued by the Directorate General of Free Trade. This order shall be applicable on a range of paper products, such as newsprint, handmade paper, wallpaper base, duplicating paper, coated paper, uncoated paper, Litho and offset paper. All imports arriving on or after 1st of October this year shall be governed by this policy. Paper products like currency paper, bank bonds and cheque paper and security printing paper have been excluded from this policy change. The domestic paper industry has been raising issues of dumping of paper products in the domestic market by way of under-invoicing, entry of prohibited goods by mis-declaration, and re-routing goods through other countries in lieu of trade agreements. The move will also go a long way in promoting Make In India and Aatmanirbhar Bharat in this category. 

Japan bans exports of hi-tech goods to Russia starting from May 20

Japan has decided to ban the exports of high-tech goods – such as quantum computers, 3D printers and electron microscopes – to Russia, the country’s Ministry of Economy, Trade and Industry. 

Lesotho: Electronic tariff platform goes live

On 10 June 2022, the Lesotho Revenue Authority (LRA) held an inauguration ceremony to announce the official launch of a new electronic tariff platform, developed by the LRA in partnership with the EU-WCO Programme for Harmonized System in Africa (HS-Africa Programme), funded by the European Union. At the invitation of the LRA Commissioner General Mr. Thabo Khasipe, the event was attended by senior representatives of the Ministry of Trade and Industry, SACU Secretariat, the European Union (EU) Delegation to Lesotho, the WCO and a wide audience of stakeholders, including private sector. The WCO Secretary General Dr. Kunio Mikuriya delivered remarks at the opening of the ceremony. 

Turkey: Customs Regulation amendments

The Ministry of Trade ("Ministry") amended the Customs Regulation ("Regulation") regarding certain regulations such as declaration with exceptional value, delivery of goods, incomplete declaration and supplementary declaration in the export regime, and goods that can be stored in warehouses. The Ministry regulated the simplified statement within the scope of the authorized sender authority.

New Development

The Ministry amended the Regulation on 25 May 2022. Within the scope of the amendments, simplified statement with the authorized sender has been regulated and regulations on the declaration with exceptional value, delivery of goods, incomplete declaration and supplementary declaration in the export regime and goods that can be stored in the warehouse, the opening and operation permit for the warehouse, the pricing of the analysis carried out in the customs laboratories, the companies established by the authorized customs consultants and analysis pricing have been amended.

The main amendments introduced to the Regulation are as follows:

• The period granted for the declaration of an asset or a base of tax assessment, which could not be known by the declarant at the time of the customs declaration and the payment of taxes, will begin as of the month in which the aforementioned asset and base are recorded in the accounting records.
• Goods in customs become deliverable upon payment of customs duties and fulfillment of the conditions on the operation and use that are approved by the customs or bonding. The delivery of the goods will no longer be bound by the bill of lading; rather, goods will be delivered according to the contract between the owner, carrier, operator or their representatives.
• Pursuant to the simplified declaration within the scope of the authorized sender, the export declarations regarding the goods to be transported with the authorized sender can be submitted to the customs office where the authorized sender is resident instead of the customs office to which the authorized sender's institution is affiliated. The inspection officer to whom the goods are submitted will conduct document control, inspection and other procedures regarding the goods subject to the declaration on behalf of the customs office where the declaration is made.
• The customs declaration of the post office authorized as an indirect representative and companies engaged in fast cargo transportation can be accepted by the customs administrations provided that the e-waybill containing the necessary information for the declaration is attached to the declaration, even if the invoice is not attached. Also, in this case, an approved person status certificate or authorized operator certificate will not be required for making a simplified export regime declaration.
• Those who have made a simplified export regime declaration are now required to submit a supplemental declaration within seven working days as of the simplified export regime declaration.
• The fee for the second analysis upon objection to the test results have been increased to TRY 885 per sample. No analysis fee will be charged for the goods subjected to laboratory analysis before the customs procedure.
• Transportation organizers who are stated in the shipping document as the notification party can place the goods, whose seller or sender and buyer abroad is known in the general warehouses, by submitting a warehouse declaration. The goods cannot be disposed except when handling and shipping to the buyer abroad. Aforementioned transportation organizers are responsible for the obligations of warehouse users.
• Warehouse opening and operation permits will now be granted indefinitely.
• Members of the board of directors of joint stock companies established by authorized customs consultants are also required to be authorized customs consultants.

Conclusion

The amendments to the Regulation introduced significant amendments to the customs law. The provisions on simplified and supplemental declaration will enter into force on 25 June 2022. Importers, exporters and other stakeholders should closely follow these developments. 

United States: APHIS Permit Required to Import Earthworms from All Countries Beginning July 1, 2022

The United States Department of Agriculture’s Animal and Plant Health Inspection Services (APHIS) will require importers of earthworms to obtain a Plant Protection and Quarantine (PPQ) 526 Permit beginning July 1, 2022. Earthworms may transport animal and plant pathogens through ingested soil that detrimentally affect plant growth and diversity in the United States. Import permits will only be issued for earthworms imported from countries free from food-and-mouth disease (FMD).  Countries free from FMD may be found on APHIS’ Animal Health Status of Regions webpage. 

United States: USTR Extends COVID China Section 301 Exclusions Through November 30, 2022

The U.S. Trade Representative (USTR) has extended, for the six months, the China Section 301 COVID exclusions which used Harmonized Tariff Schedule (HTS) number 9903.88.66. They had been due to expire on June 1, 2022, and now expire on November 30, 2022. 

European Union: Publication of Annex 21 to the Good Manufacturing Practice Guidelines on the import of medicinal products

The European Commission published the final version of Annex 21 to the Good Manufacturing Practice (GMP) Guidelines governing the importation of medicinal products, which will enter into force on 21 August 2022.

• Annex 21 sets out the principles and requirements applicable to holders of manufacturing and import authorizations when they intend to import medicinal products for human, investigational, or veterinary use from a non-EU country into the EU. Conversely, medicinal products that enter the EU territory with the intention of export only and that are not processed in any form nor released for placing on the EU market are not covered by the Annex.
• With regard to the content of Annex 21, the document firstly sets out some general principles, including one requiring that all manufacturing stages of imported medical products that are carried out in third countries should be conducted in accordance with the EU GMP Guidelines or other equivalent standards, in conformance with the marketing authorization, the clinical trial and the relevant quality agreement, as applicable.
• Further provisions contained in Annex 21 are those dedicated to the “Pharmaceutical Quality System,” which all sites conducting importation activities should be equipped with in accordance with Chapter 1 of the GMP Guidelines, and to the “Premises and Equipment”, according to which imported medicines must be stored in quarantine in segregated areas until they are released for further processing or until the relevant batches are certified by the qualified person.