Main Conference Day 1 Tuesday 18 May 2010
8:30 Registration and Coffee
9:00 Opening Remarks and Welcome from Co-Chairs
Bruno Fransman
Strategic Trade Initiatives Manager
Honeywell Automation & Control Solutions (Belgium)
Jasper Helder
Partner
Baker & McKenzie(The Netherlands)
9:15 Implementing Provisions of the Modernised Customs Code (IPMCC) on Customs Valuation
Renee E. Stein
Former Director
Global Trade Policy, Microsoft Corporation (USA)
Jasper Helder
Partner
Baker & McKenzie(The Netherlands)
- Rationale behind the abolition of the “first sale” for export
- Status of royalties to be added to customs value contrary to the WTO Valuation Agreement (art. 8)
- royalties condition of sale
- royalties related to imported goods
- How the “fairness” of the transfer price is appreciated from a Tax and Customs point of view
- To what extent do Customs accept or reject transfer pricing between related companies today?
- Legitimate alternatives to the abolition of the “first sale concept” for minimising and reducing customs duties
- What different valuation approaches should multinational companies contemplate today?
- Reviewing your company’s structure to legitimately take out as much “last sale” as possible
10:00 Status of the Global Implementation of the AEO and Update on Mutual Recognition/Reciprocity with Other Security Initiatives
Panelists:
Allen Bruford
Deputy Director Compliance & Facilitation
World Customs Organisation (Belgium)*
David Dolan
Attaché, US Customs and Border Protection,
Department of Homeland Security (DHS)
U.S. Mission to the European Union (Belgium)
Bryce Blegen
CEO
Trusted Trade Alliance LLC (USA)
Moderator:
David Merritt
Practice Leader, Trade Management Consulting
J.P. Morgan (UK)
- Where do the negotiations on the mutual recognition of the AEO & the C-TPAT (Customs-Trade Partnership Against Terrorism) stand today?
- what is anticipated that the mutual recognition agreements should cover?
- Status of the EU and Chinese Customs bilateral recognition of supply chain security standards – specific impact on the UK and Netherlands
- Lessons learned from the mutual recognition of the Canada’s PIP and US C-TPAT certificates
- Latest developments in the Australian AEO pilot programme and cooperation with the US and New Zealand
- Exploring and evaluating possible directions of bilateral AEO programmes: EU-China, EU-Japan, US-China and Korea
- Impact of a non-recognition on the business community and on the credibility of these programmes
11:15 Morning Refreshments
11:45 Building and Maintaining and Effective Customs Broker Management
Alan Owen
Director, Customs Services EMAIR
Expeditors International BV (The Netherlands)
Bruno Fransman
Strategic Trade Initiatives Manager
Honeywell Automation & Control Solutions (Belgium)
- How do you select and appoint your customs broker: assessing the skills, experience and performance of your clearance agents
- How do you adjust a site to the new broker management process?
- What are the responsibilities/tasks of a site under the new broker management process?
- What are the liability risks that importers of record and clearance agents/customs brokers face?
- How to set up a cost saving customs broker management programme, including service contracts and powers of attorney
- Ensuring that your customs broker does not represent an additional compliance risk
- How much due diligence is enough and how much control do you have on your agent?
- How do you know that your broker follows your instructions and acts in your best interest?
- To what extent does training clearance agents/customs brokers minimise the importer’s responsibility?
- When things go wrong, who should file the disclosure, broker or importer?
- What are the short term benefits of having a customs broker management project?
- What could be the long term benefits of having a broker management project
- expanding export flows
- Centralised Clearance
- meeting electronic customs, etc.
12:30 Networking Lunch
2:00 Overcoming the Complexity of International Customs Compliance Management
Christophe Longueville
Vice-President
Porthus (Belgium)
- Switching to electronic customs: how can you fit Europe’s multi annual strategic plan into your organisation?
- Prioritising compliance: best practices on how to achieve immediate and permanent compliance in a complex global environment
- Benefits of an integrated solution as a key to success
- Implementing a centralised multi-country solution integrated in your existing environment to speed up declaration processes and minimise costs
- Gaining archiving possibilities and a secure environment for communication with business partners and customs authorities
- A business case in action
- A live case illustrating the importance of an adequate solution allowing you to focus on your core business
2:45 Overcoming the Obstacles when Applying For a Binding Tariff Information (BTI) and Making the Most of It
Willem Kooper
Sr. Mgr. Customs EMEA
Herbalife (The Netherlands)
Brian Mulier
Tax Lawyer
Baker & McKenzie(The Netherlands)
- Application for a BTI across the EU – differing requirements among Member States
- Filling an application form vs. interaction and dialogue with Customs throughout the process
- Implementing Provisions of the Modernised Customs Code (IPMCC) with regards to Customs audits related to BTI
- Who should apply for the BTI?
- Legal and commercial considerations when choosing the entity within the group that will apply for the BTI
- How can you apply for a BTI if you do not have a legal entity?
- can you apply via a customs broker?
- what are the consequences?
- what if you change your customs broker?
3:30 Afternoon Refreshments
4:00 Customs Classification of Compound Machines: General Electric Case Study
John Bing
Customs COE Leader Europe
GE Corporate GBS Organization (The Netherlands)
- How to classify compound machines imported in multiple concurrent shipments
- Effect of secondary legislation such as CE certification requirements, health registration etc. on classification in markets such as Turkey and Russia
- Classifying multi-level BOM’s with invoice formats generated by ERP systems such as Oracle and SAP
4:30 How a Sound Internal Customs Audit can Better Prepare Your Company for Customs Audits and Investigations
Pascal Dorel
Customs Security & Risk Assessment Manager
Cisco Systems International Sarl (Switzerland)
- What should your customs audit achieve?
- Who should conduct and take responsibility for the internal audit?
- Methodologies of a thorough customs audit that touches on all aspects and beyond customs matters
- How to treat past errors/mistakes or wrong entries discovered – do you disclose?
- What is the practice with Customs Administration in relation to voluntary disclosures?
- How IT can help in providing visibility and uncovering deficiencies and irregularities
5:00 Conference Ajourns
Main Conference Day 2 Wednesday 19 May 2010
9:00 Registration and Coffee
9:15 Opening Remarks and Welcome from Co-Chairs
Bruno Fransman
Strategic Trade Initiatives Manager
Honeywell Automation & Control Solutions (Belgium)
Jasper Helder
Partner
Baker & McKenzie(The Netherlands)
9:30 Building and Implementing an Effective Global Customs Compliance Programme
Carol Fuchs
Counsel, International Trade Regulation
GE Corporate, International Law & Policy (USA)
Jean-Pierre Viret
Worldwide Customs Director
Sanofi-Aventis (France)
- Key attributes of an effective global customs and trade compliance programme
- Assigning compliance responsibility to a defined organisation – compliance function versus operations function
- How to coordinate compliance in a global organisation
- Advantages and disadvantages of combining import and export activities
- Why and when to consider outsourcing the compliance and/or operations functions
- Where do customs compliance persons fit within your organisation chart?
- Pros and cons of customs compliance function reporting to logistics, supply chain, legal or tax
- which structure suits your business model
- How the effectiveness of your compliance programme can be jeopardised by disconnecting your tax and customs departments
- Using and evaluating service providers
- Record keeping
- Conducting periodic reviews of your compliance programme to assess its performance
- Adapting the programme to the changing needs of your business
- Considerations when reviewing opportunities to join government programmes (C-TPAT; ISA; AEO)
10:30 Customs Enforcement and Investigations: Handling Government Audits
Raimonds Zukuls
Head of Companies and Transactions Customs Audit division National Customs Board of Latvia
Tim Cornell
National Manager –
International Trade Development Liaison Officer (ITDLO) Team
HM Revenue and Customs (UK)
- Major differences in customs enforcement and practice between European Member States
- What are your rights and responsibilities when your company is under an official customs audit?
- Scope of the Customs Auditors: powers to investigate
- Forms of customs controls
- How Customs conduct post-clearance audits and verifications
- What to do when your foreign subsidiary is under investigation by foreign Customs authorities
- defending your case
- providing evidence and supporting documentation
- when is it advisable to have an in country representative
- Approaches of the Customs Authorities in Europe to voluntary disclosures, penalties and fines levy
- How to respond to or challenge Customs Authorities decisions
- Negotiations and settlements with Customs Authorities
11:15 Morning Refreshments
11:45 Implementing a Global Programme for the Use of Import Preferential Treatment when Determining Origin of Products
Paul Sumner
Partner, Worldtrade Management Services
PricewaterhouseCoopers WMS Bangkok Ltd (Thailand)
- The determination of the preferential origin of products and how it affects the preferential treatment that companies can claim
- Financial impact on companies not claiming preference, or claiming incorrectly
- Addressing the complexities in implementing preferential regimes under the various agreements
- Legal and risk management considerations when claiming product preferential origin
- how should an efficient origin determination system look like?
- internal processes, follow ups and cost involved
- risk-benefit analysis
- Record keeping requirements
- Common issues when determining origin of products
- How do you trace the components of the product to meet origin requirements and claim the benefit of the preferential treatment?
- Monitoring the status of the solicitation and suppliers’ responsiveness
12:30 Networking Lunch
Regional Breakout Sessions (2:00 to 3:00 – Choose 1 or 2) Update on Regional Customs Compliance
1. Taking Advantage of Customs Special Regimes to Support Your Operations in Latin America
Edmundo Elías-Fernández
Partner
Baker & McKenzie Abogados, S.C. Mexico
- Latest government initiatives related to customs modernisation and facilitation
- Challenges and advantages of the “Blue Line” or Brazilian AEO concept
- Blue Line” vs. EU AEO – is there a possibility of a global approach for customs compliance?
- How to benefit from regional and Brazilian regulations to transform Brazilian operations into an industrialisation centre for the Region
- Taking advantages of the EU and Mexico FTA
- Legal, logistical and cost-effective advantages in operating as a certified company
- Overcoming the customs classification challenges by the Mexican Customs Authorities
- Working with Customs Authorities to ensure that customs laws are enforced on a national level but not on a local level and do not differ from one customs agents to another
- How can a multinational enter the Brazilian market while minimising risks?
- Customs developments in Argentina, Chile, Colombia and Venezuela
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2. Import/Export Strategies for European Companies in the Middle East
David G. Stevens
Partner, Leader of the Middle East Indirect Taxes Practice
PricewaterhouseCoopers, Dubai, United Arab Emirates
- General introduction to the legal framework and organisation structure of Customs in the Middle East
- Recent developments with regards to trade simplification
- Overcoming main challenges when importing into these markets
- most effective channels when dealing with Customs officials
- how to get guidance and rectify customs disputes in the Middle East
- Working effectively with local third party providers
- Optimising customs bonded operations to support your business strategy
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Regional Breakout Sessions (3:15 to 4:15 – Choose 3 or 4) Update on Regional Customs Compliance
3. Developing a Customs and Trade Compliance Strategy in the Far East
Paul Sumner
Partner, Worldtrade Management Services
PricewaterhouseCoopers WMS Bangkok Ltd (Thailand)
- Basic elements of a customs and trade compliance programme for Asian operations
- Preparing for the FTA between EU and South Korea in 2010
- Issues related to customs classification and valuation in the region
- Managing audits and investigations under Customs Penalty regimes and the impact on businesses
- Minimising your liability risk when dealing with local customs brokers and intermediaries
- Managing the customs function in the region
- Implementing a multinational company’s global compliance standards within the region
- Recordkeeping and documentation requirements
- Internal audits/due diligence as part of an effective trade compliance programme the advent of AEO and Export Controls programmes
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4. Exporting into India: Best Strategies for European Companies
Vivek Luthra
Senior Support Manager, Deutsche Post World Net (Germany)
- Export/re-export from India to other destinations
- dealing with the Indian export control system and licensing process
- pre and post-shipment documentation requirements
- Optimising customs bonded operations to support your business strategy
- Key challenges in the implementation of a Goods and Services Tax (GST) in India
- treatment of exemptions from the tax for specified goods and services
- Dealing with Customs Investigation by the Directorate of Revenue Intelligence
- Working effectively with your Indian third party providers
- Customs valuation: latest developments in India
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4:15 Afternoon Refreshments
4:30 Minimising Your Company’s Liability for Anti-corruption Violations Associated with Your Customs Clearance Operations
Francois Vincke
Chairman, ICC Anti-Corruption Commission
International Chamber of Commerce (Belgium)
- Step-by-step process for screening, appointing and managing third parties involved in your customs clearance operations such as customs brokers, commercial agents, freight forwarders and distributors
- New guidelines of the ICC on third parties
- Dos and don’ts when dealing with customs agents throughout customs clearance processes
- Third party’s compliance policy versus evidence of following best practices
- What do you do if you are under pressure to use a designated third party whose reputation is questionable?
- What do you do when you find that one of your partners is engaged in corrupt practice?
5:00 Conference Ends
* Denotes speaker to be confirmed
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