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Douane > Special Procedures > Flashcards

Special Procedures Flashcards

1
Q

What are the 2 categories of customs procedure ?

A 
Definitive procedures (export/import)
Special procedures (cutoms warehousing, Inward/outward processing(perfectionnement actif/passif), temporary admission, ...)
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2
Q

What are the interest of special procedure ? (3)

A

Reduce or eliminate customs duties and taxes at time of import
Suspend applicable régulations
Allow EU operators to face international competition

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3
Q

What are the constraints of special procedure ? (3)

A

Must request prior authorization
Must track all operations
Management and costs : guarantee and stock records

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4
Q

What are the tyology of special procedure ? (4)

A

“Specific Use” function
“Storage” function
“Processing” function
“Movement” function

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5
Q

What are the 5 steps for all special procedure ?

A
  1. Request for validation
  2. Provision of a guarantee
  3. Placement of goods under procedure
  4. Goods remaining under the procedure
  5. Discharge of the procedure
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6
Q

Whithin how many days an authorization for special procedure is delivered ? (3 cases)

A

30 days for national procedure
60 days for customs warehouse if only one member state is involved
1 years if the economic conditions have to be examinated (art 221 UCC)

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7
Q

For how long the authorization remains valid ?

A

5 years

Period of validity of a customs warehouse is unlimited

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8
Q

How long do you have to re-export goods with temporary admission ?

A

24 months without having undergone any change

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9
Q

What are the 2 types of temporary admission (+for which goods) ?

A

Total relief : complete admissible list established by UCC DA art.207-237
Partial relief : Merchandise not on the above list or for which a condition of the procedure is not respected

Taxation of TA : VAT at placement Under temporary admission + 3% of customs duties per month

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10
Q

What is the procedure code for Temporary Admission to be written on the SAD ?

A

53

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11
Q

How does the ATA carnet facilitate TA ?

A

substituing for the import and export declaration

provision guarantee if the goods are not reexported within 12 months

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12
Q

How many countries use the ATA carnet ?

+ convention

A

87 countries and territories

Istanbul and ATA convention

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13
Q

What type of goods cannot travel under an ATA carnet ?

A

Consumable products

such as food, seeds, fertilizer, explosives, disposables, postal traffic, …

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14
Q

For what is used the Green copy of the ATA carnet ?

A

List of merchandise,
List of countries,
List of guarantee organisms
General rules and conditions

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15
Q

The Yellow copy of the ATA carnet is for who ?

And is used for what ?

A

Departure country customs

Temporary exportation and re-importation

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16
Q

The White copy of the ATA carnet is for who ?

And is used for what ?

A

Temporary admission country’s customs

Temporary importation and re-exportation

17
Q

The Blue copy of the ATA carnet is for who ?

And is used for what ?

A

Transit country’s customs

Entry into and exit from transit country

18
Q

Under what goods may be released for free circulation ?

A

a duty exemption
or a reduce rate of duty on account of their specific use
art 254 UCC

19
Q

What does customs warehouse allows ?

+benefits ?

A

to import non-union goods to a warehouse Under suspension of duties and taxes
Benefits :
Cash flows gain, Re-exportation without paying duties and taxes, suspension of trade-policy measures, unlimited storage

20
Q

Typology of customs warehouse ? what changed it ?

What’s the particularity of type II ?

A

Public customs warehouse (types I, II ans III)
Private customs warehouse

The UCC

Type II : no needs to keep records

21
Q

What’s the SAD procedure code for customs warehouse ?

A

71

22
Q

Is it possible to request a single authorization for customs warehousing in different member states ?
Is it possible to transfer the property of the stored goods ?
Is it the same as temporary storage procedure ?

A

Yes

Yes

No (art 147 UCC)

23
Q

What’s a free zone ?

A

A part of the customs territory of the EU where any goods introduced are generally regarded, insofar as import duties and taxes are concerned, as being outside the customs territory.
Authorization to set up a free zone are given at a national level
A guarantee s not compulsory
Records have to be kept (but no need for a SAD)
Exit the free zone by re-exportation or release for free circulation

24
Q

What’s an inward processing ?

A

allows the use of non-EU goods in processing operations without being subject to customs duties and taxes nor commercial Policy measures.
Thoses goods must be identified in the processed product.
A guarantee must be put in place
Records must be kept

25
Q

Where examination of economic condition takes place and which goods are concerned ?

A

In Brussels

Sensitives goods of annex 71-02 UCC DA (food processing industry

26
Q

What’s the SAD procedure code for inward Processing ?

A

51

but it can also be placed under simplification declaration

27
Q

What is the rate of yield ?

A

Quantity or percentage of compensating products obtained from the processing of a given quantity of import goods

28
Q

What is “equivalent goods” ?

A

the use of Union goods for the manufacture of compensating products is possible if foreseen in the Inward Processing authorization (inward processing)
The use of non-union goods for the manufacture of compensating products is possible if foreseen in the Outward Processing authorization (outward processing)

29
Q

What’s the definition of outward processing ?

A

Allows the temporarily export of Union goods in order to undergo processing operations.
Goods under the procedure must be identified in the processed products.
Guarantee+records
Placement under SAD or simplified declaration

30
Q

What’s the SAD procedure code for outward processing ?

A

21

31
Q

In outward processing, what are special provisions for ? (4)

A 
Goods repaired free of charges
Standard exchange system (reparation only)
Prior import of replacement products
Triangular operations (if the economic operator needs to import into a customs office other than the office of exportation)
32
Q

What are the other procédures granting relief from import duties ?

A 
Returned goods procedure (art 203 UCC) : re-imported with relief from import duties of goods which have been originally exported as Union goods.
Packings procedure (art 228) : Normally packings are classified with the goods they contain. Packing that are re-used can benefit from a relief from import duties when intended for re-export.
33
Q

What’s the definition of Transit procedure ?

A

Procedure enabling, under certain conditions, the movement of goods within a customs territory or between several customs territories under suspension of duties and taxes and commercial Policy mesures.

34
Q

What are the different types of transit ?

A

Union transit (EU-EFTA-EU or EU-EU)
Common transit (EU-EFTA)
TIR (with the contracting parties of the TIR convention)
Others (ATA, FR302, Rhine Manifest)

35
Q

What’s T1 and T2 ?

A

T1 : External transit (art 226UCC) non union goods may be moved from on epoint to another within the customs territory of the Union without being subject to customs duties and taxes, and commercial policy mesures

T2: Internal transit (art 227) Union goods may be oved within the customs territory of the union, and pass through a country or territory outside that customs territory, without any change in their customs status (guarantee must be put in place but no needs for an authorization)

36
Q

What’s the name of the electronic customs environnement put in place by the EU which allows transmission of transit documents ?

A

NCTS (New Computerised Transit System)

NSTI (French procedure)

Douane (8 decks)

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