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Regulation 8 Amendments to the Customs (Export) (EU Exit) Regulations 2019

Original text. Later amendments are not shown.

(1)

The Customs (Export) (EU Exit) Regulations 2019f1 are amended as follows.

(2)

In regulation 2 (general interpretative provisions)—

(a)

after the definition of “accompanied baggage on departure” insert—

  • ““authorised foreign designated operator” has the meaning given by regulation 23AA(2);”;

(b)

after the definition of “export declaration” insert—

  • ““foreign designated operator” means a designated operator within the meaning given in the Constitution of the Universal Postal Union done at Vienna on 10 July 1964, as amended by the Additional Protocols, which is acting—

    1. (a)

      outside the territory of the member countryf2 that designated them as such, and

    2. (b)

      in accordance with the UP Conventionf3.”.

(c)

in the definition of “UP Convention”, for “Istanbul on 6 October 2016 and in Addis Ababa on 7 September 2018” substitute “Riyadh on 5 October 2023”.

(3)

In regulation 18 (export declarations made orally: certain goods subject to temporary admission procedure)—

(a)

for the “; or” after sub-paragraph (a) substitute “;”;

(b)

in sub-paragraph (b), for “21” substitute “21(1)”;

(c)

after sub-paragraph (b)—

(i)

for the “; and” substitute “; or”;

(ii)

for the words after sub-paragraph (b) substitute—

“(c)

the individual made the Customs declaration in respect of those goods for that procedure orally in accordance with regulations 21(2) (temporary admission procedure: other goods) and 21A (application for approval to make oral declaration under regulation 21(2)) of CIDEER 2018f4, provided that the export declaration is made in accordance with any conditions imposed by HMRC.”.

(4)

In regulation 23 (export declarations by conduct: posted goods)—

(a)

in paragraph (2), after “a universal service provider” insert “or an authorised foreign designated operator”;

(b)

in paragraph (3), after “the universal service provider” insert “or the authorised foreign designated operator”.

(5)

After regulation 23 insert—

“Declarations by conduct: authorisation of foreign designated operators

23AA
(1)

An HMRC officer may approve a foreign designated operator (“FDO”) for the purposes of enabling a person to make an export declaration by conduct in accordance with regulation 23.

(2)

A FDO authorised under paragraph (1) is referred to in this Chapter as “an authorised foreign designated operator”.

(3)

The eligibility criteria to be so authorised are that a FDO meets the criteria which apply to be approved as an authorised economic operator in regulation 93(1)(c), (d), (e), (f) and (g) of CIDEER 2018f5, as if reference in that regulation to suitability to be an authorised economic operator were a reference to suitability to be an authorised foreign designated operator.”.

(6)

In regulation 24 (export declarations by conduct: certain goods subject to temporary admission procedure)—

(a)

in paragraph (2)—

(i)

for the “; or” after sub-paragraph (a) substitute “;”;

(ii)

after sub-paragraph (b)—

(aa)

for the “; and” substitute “; or”;

(bb)

for the words after sub-paragraph (b) substitute—

“(c)

the individual made the Customs declaration in respect of those goods for that procedure by conduct in accordance with regulations 27(1A) (temporary admission procedure: other goods) and 27ZA (application for approval to make declaration by conduct under regulation 27(1A)) of CIDEER 2018, provided that the export declaration is made in accordance with any conditions imposed by HMRC.”;

(b)

in paragraph (3), omit “, irrespective of whether the Customs declaration was actually made by conduct for that procedure”.

(7)

In regulation 26 (export declarations made in paper form), in paragraph (1A)(a), after “a universal service provider” insert “or an authorised foreign designated operator”.

(8)

In regulation 29 (export declarations by conduct: consequential provision), in paragraph (3), after “a universal service provider” insert “or an authorised foreign designated operator”.

(9)

In regulation 40 (obligation to make goods available for examination)—

(a)

in paragraph (1), after “an appropriate place” insert “or a place approved under paragraph (6A)”;

(b)

after paragraph (4) insert—

“(4A)

A person who makes an export declaration in relation to goods by the conduct described in regulation 23(2) (export declarations by conduct: posted goods) is treated as having secured that the universal service provider or authorised foreign designated operator to whom the goods were submitted is to make those goods available for examination on their behalf.”;

(c)

in paragraph (6A), omit “which is an appropriate place”.

(10)

In regulation 41, in paragraph (1)(a), for “exported from” substitute “taken out of”.

Annotations

Footnotes

f1

S.I. 2019/108; relevant amending instruments are S.I. 2019/486, 2019/1215, 2019/1346, 2020/1552, 2021/697, 2021/1205, 2021/1347 and 2023/569.

f2

For these purposes, “member country” is defined in Article 2 of the Constitution of the Universal Postal Union.

f3

For these purposes, “UP Convention” is defined in regulation 2 of the Export Regulations.

f4

See regulation 2 of the Customs (Export) (EU Exit) Regulations 2019 for the definition of “CIDEER 2018”.

f5

For these purposes, “CIDEER 2018” is defined in regulation 2 of the Export Regulations.