Vietnam currently maintain a drop ship model under which a foreign buyer may purchase goods in Vietnam, and instruct the seller to deliver the goods to another Vietnamese entity, which is called “On The Spot” Export/Import (OTS). Under this OTS scheme, the seller is still qualified as exporting their goods out of Vietnam to enjoy certain tax and duty incentives (i.e import duty exemption of imported materials, 0% VAT).Under this new proposal, OTS scheme is…
In recent years, we have seen a significant increase in Custom Audits by both Federal and State Tax Authorities, mainly to companies with foreign investment. We have seen Maquiladoras/IMMEX that were audited and received tax assessments in high amounts, including one for USD 70 million and one for USD 172 million dollars. What is the reason for these outstanding amounts and how can Maquiladora/IMMEX companies prevent these tax contingencies derived from these foreign trade audits?…
We’re reaching out today as we believe the publication of the 11th package of sanctions against Russia deserves your utmost attention! Particularly as it relates to the new anti-circumvention tool and the addition of entities registered outside of Russia on the list of natural or legal persons which are military end-users, form part of Russia’s military-industrial complex or which have commercial or other links with or which otherwise support Russia’s defence and security sector (i.e.…
On June 19, the UK’s new DCTS entered into force, replacing its previous Generalised Scheme of Preferences (GSP) regime. Under the WTO Agreements, developed countries can grant non-reciprocal preferential treatment to products originating in developing and least developed countries, referred to as “special and differential treatment” (S&D) provisions, normally referred to as a GSP. Countries that grant preferential treatment through a GSP determine eligible countries and S&D provisions unilaterally. Along with a rebrand, the DCTS simplifies…
On May 27, 2023 the Canada Border Services Agency (the “CBSA”) introduced amendments (the “Amendments”) to the Valuation for Duty Regulations (the “Regulations”), which will alter existing Canadian customs valuation rules. The Amendments intend to clarify the “sale” used to establish the value for duty under the transaction value method for all goods imported into Canada. Effectively, the Amendments propose a “last sale” approach to customs valuation, which has the potential to increase the declared…
Taiwan and the US have concluded negotiations on five issues since the announcement of the Taiwan-US 21st Century Trade Initiative’s launch in June 2022, including trade facilitation, good manufacturing practices, domestic regulations for service industries, anti-corruption, and small and medium-sized enterprises. This is a key step towards the completion of the Taiwan-US FTA using the building block approach. The first agreement is expected to be signed in the next few weeks. This agreement will represent…
On 30 March 2023, the Japanese Diet passed the Amendment Act of the Customs Tariff Act, etc. (“Amendment Act”). Most of the provisions of the Amendment Act came into force on 1 April 2023. The overview is as follows: 1. An extended period of application of the provisional tax rate, etc. The period of the provisional tax rate (412 items) and the special safeguard system for rice, wheat and dairy products, etc. were extended until…
On 17 May 2023, the European Commission (the “Commission”) published a set of proposals that, according to the Commission, constitute the “most ambitious and comprehensive reform of the EU Customs Union since its establishment in 1968.” Please find our previous blogpost in which we anticipated the proposal here. The proposals now published aim to: Increase duty revenue; Avoid illicit and non-compliant products; Align the current customs framework with the current e-commerce landscape; and Uniformize the…
Introduction of an EU Customs Agency is becoming more and more tangible. This idea of a “European Customs Agency” was first proposed on 31 March 2022 by the “Wise Persons Group on Challenges Facing the Customs Union”. More recently, on 28 February 2023, during the 62nd Plenary Meeting of the Trade Contact Group set up by the European Commission, the creation of an EU Customs Authority was once again discussed alongside the introduction of an…
The UK government announced on 15 March 2023 that customs valuation rulings, so-called Advance Valuation Rulings (“AVR”), would soon be a feature of the UK Customs regime (please see our earlier blog here). On 27 April 2023, the UK government published guidance on submitting applications for an AVR with the system going live. This is despite the necessary legislative amendments not yet coming into force. An AVR is a legally binding ruling held by the…