TradeLane

I am often surprised when discussing export processes with Irish businesses how little is known about export controls, meaning the regimes and regulations that are in place controlling dual-use items by the Irish Authorities and the EU. Businesses who have been exporting for years and have strong compliance practices for customs procedures would respond with, “We don’t deal in military goods, so this doesn’t apply to us.” However, they don’t seem to have come across terms such as dual-use or sanctioned parties.

Since the Brexit referendum was held, the UK government has focused significant time and energy on establishing a negotiating position for the separation. The policy was outlined in an early February 2017 whitepaper entitled, “The United Kingdom’s Exit from and new partnership with the European Union.” While not delving into significant detail on the referendum’s impact on trade, nor the UK’s negotiating tactics, the policy document outlines the ultimate goals for the separation.

The Department of Immigration and Border Protection (DIBP) in Australia recently published DIBPN 2016/35, Voluntary Disclosures under Section 243T and Section 243U Customs Act 1901. In this notice, DIBP highlighted their commitment to working with industry to encourage higher levels of voluntary compliance by providing increased transparency to the regulatory trade environment.

A voluntary disclosure is the communication of a written notice of an error, omission or adjustment in statements made to DIBP. If you make such disclosures voluntarily, before DIBP instigates any queries or proceedings, you will likely be protected from penalties that would otherwise be imposed.

This is one of those scenario’s we see all the time:

Asia Customs Broker: Hello, Mr. Ahmad, we are sorry. The customs manual documentation cannot be completed because we are missing the HS codes. Can you provide us with the correct one so that we can proceed with the permit application and import declaration, please?

Logistics Employee: Can’t you check our previous shipments? This is not the first time we have imported similar materials into our warehouse! You should have all the details!

If you grew up as a suburban, middle-class kid in Canada like I did, you probably had some household chores that you were responsible for. One of mine was taking out the trash every week. I’d collect it up and get it ready to put out by the curb. I’d ask my Dad if there was anything else. He would suggest I roll my old car down to see if they would take it. Once it left the end of my driveway, I never gave it a second, thought. Our trash, not my car. 

Was it bad for the environment? Could it cause harm to someone else? Could it be used to make a bomb? Ok, maybe a little dramatic.