Import Control System (ICS) An Overview

Transcription

1 Import Control System (ICS) An Overview Robert Windsor Manager Trade Services Version 1 dated 5/7/2010

2 The Legislation European Parliament and Council Regulation 648/2005 and Commission Regulation 1875/2006 ((Annex30a) have amended Council Regulations 2913/92 and 2454/93 respectively and introduce an obligation for economic operators to provide electronic entry and exit summary declarations to the customs authorities for goods entering or leaving the customs territory of the Community. Legislation details new security requirements for ALL goods entering the EU:- ENS declarations will be required for safety and security purposes prior to the arrival of all consignments into the EU All Declarations to be electronic and data will be electronically exchanged between MS Common Safety and Security profiles used to conduct risk assessments in all 27 MS Applicable to all transport modes Defines Carriers responsibility to lodge ENS declaration Working ICS system will be delivered to UK trade on 2 nd November 2010 Transition period until 31 st December 2010-deadline for all MS to be operating ICS Norway and Switzerland are also adopting the same safety and security provisions.

3 An Overview ICS is the first phase of Automated Import System :- Processes pre arrival information Conducts risk assessment ICS uses risk analysis to identify consignments to HMRC, primarily for Safety and security purposes, prior to the arrival of the goods in the customs territory of the EU. Designed to protect the international supply chain:- Other nations are introducing security initiatives ISO ICS Phase 2:-no agreement to date

4 Key Terminology Entry Summary Declaration (ENS) Customs Office of First Entry (OoFE) Customs Office of Subsequent Entry (OoSE) Movement Reference Number (MRN) IE Message numbers Operator of the active means of transport Arrival Notification Diversion Request Do Not Load (DNL) message

5 Key Principles Electronic pre-arrival message to be submitted via ENS message before goods arrive in EU to the OoFE Common Safety and Security profiles used to conduct risk assessments in all 27 MS Interventions are based on the outcome of the risk assessment Carriers are legally responsible to lodge the ENS message defined within ICS May be delegated with the carriers Knowledge and Consent Carrier is defined as the operator of the active means transport on or in which the goods are brought into the customs territory of the Community ICS seeks to build on the processes within the supply chain

6 Declarant s legal obligations The declarant is legally obliged to provide:- The data known to them at the time of lodgment of the ENS. All data elements specified in Annex 30A Errors/changes must be rectified/notified by amending the ENS message The declarant is legally responsible for the:- Accuracy of the data submitted Authenticity of any subsequent information requested by HMRC

7 Carriers Legal Responsibilities The operator of the active means of transport, on or in which the goods are brought into the customs territory of the Community is legally responsible to lodge an ENS declaration to the OoFE The operator is the party, who :- Has responsibility for the physical carriage of the goods Issues Master Bills of Lading or Airwaybills Shared Services:- The contracting Carrier issuing the Bill of Lading or Airwaybill Combined Transport (e.g. truck being carried on a ferry) The active means of transport -which is the truck in this case

8 Where ICS fits within the supply chain ICS has been designed to fit within current processes:- The presentation of shipping/ airline manifests to obtain release of cargo Notification and arranging diversions Inbound arrival procedures:- Presentation of documents Creation of arrival records Unloading the vessel Declaring goods to customs to:- Enable them to undertake a risk assessment Collect revenues due Release cargo

9 Implementation Timetable UK intends to implement ICS on 2 nd November 2010 Mandatory for traders to lodge an ENS declaration for all goods brought into the customs territory of the EU after 1 st January 2011 Trader testing system has been available since 29 April index.htm (Main Page) (ICS Page)

10 UK System Functionality The UK ICS system will process the following:- Lodgment and processing of ENS messages Safety and Security Risk Analysis Arrival Notifications Diversion Requests Carrier or trader must be EORI registered to access ICS through :- Government Gateway after 2 nd November A web service (Trader Front End) which is available to registered gateway users authorised for the system Community Service Providers (CSP s). A dedicated CSP message gateway is available to allow each CSP to submit message onto the ICS core system.

11 Exemptions from ENS ENS messages are not required for the following movements:- Electrical Energy Goods entering the Community via a pipeline Letters, postcards and printed matter including electronic media Goods carried on board vessels of a regular shipping service Goods in travellers personal luggage Goods covered by ATA and CPD Carnet Low value goods or less than 22 * Please note this only applies where HMRC has the ability to electronically access the traders records.

12 Submission of ENS by third parties A third Party may lodge an ENS with the Carriers Knowledge and Consent However, the Carrier retains the responsibility to ensure that the ENS declaration is submitted within the applicable time limits The Declarant is responsible for the data included within the ENS declaration Additional information will have to be obtained from the carrier Carrier may impose additional contractual arrangements on the declarant

13 Where to lodge an ENS ENS Declaration is submitted to the OoFE covering :- All goods on board including :- Freight Remaining on Board Goods transiting the EU to destinations outside the EU Customs at OoFE are responsible for conducting the risk assessment Responsible for taking the appropriate preventative action against the risk Pass positive risk assessments to the OoSE

14 Basic process overview Lodges ENS (IE315) Declarant (Carrier) MRN communicated (IE328) Arrival notification (IE347) Arrival accepted (IE348) OoFE (UK) OoSE (OMS) Results passed to OoSE ITDLO Presentation 16/09/

15 Risk Analysis undertaken Overview of ENS submission OoFE (UK) Risk results and appropriate data passed to OoSE OoSE (OMS) MRN Advised to both carrier and agent message (IE 328) ENS message (IE 315) submitted to OoFE BEFORE loading / arrival / take off depending on the mode of transport! Declarant (Carrier and/or Representative) ITDLO Presentation 16/09/

16 AIR TRANSPORT London Heathrow is intended first EU Office of First Entry for a long haul flight loading in Singapore but then going on to Amsterdam Risk MRN London Heathrow Amsterdam S&S data provided to UK ICS for validation & risk assessment at least 4 hours prior to arrival Singapore ENS MRNs back to Singapore carrier/declarant immediately Existence of routing via other ports derived from data in ENS message EU S&S risks for cargo for Dutch Customs passed to NL s ICS ITDLO Presentation 16/09/

17 Containerised Sea Cargo - Only EU port of call is Felixstowe MRN DNL Felixstowe ENS ENS data only provided to UK ICS & risk assessment system Singapore MRNs sent back to the declarant (and the carrier if different) And any Do NOT LOAD messages EU S&S risks retained within UK systems ITDLO Presentation 16/09/

18 Felixstowe is intended first EU port of entry for a vessel loading in Singapore but then going to Rotterdam Risk MRN Rotterdam Felixstowe Data still only provided to UK ICS & risk assessment system Singapore ENS MRNs back to Singapore carrier/declarant immediately Existence of routing via other ports derived from data in ENS message All positive S&S risks results past to the OoSE (i.e. Rotterdam) ITDLO Presentation 16/09/

19 Containerised Sea Cargo - Only EU port of call is Felixstowe with freight remaining on board (FROB) for New York Felixstowe Singapore ENS New York Final destination of goods will be determined from ICS message UK must risk assess all cargo including ROB for USA ITDLO Presentation 16/09/

20 What will be the preventative action? A positive risk assessment would result in to the following preventative action by Customs:- Serious Risk For Deep Sea movements a Do Not Load message (Article 184 a (1) a) will be issued For all other movements the OoFE will take action when the consignment arrives and also will notify OoSE Other Risk Notify customs in other MS for assessment alongside their national Risk profiles

21 When to lodge an ENS declaration Deep Sea Short Sea Short Haul (under 4 hrs) Long Haul (over 4 hrs) Sea 24 hours before vessel loads in origin port 2 hours before arrival at first port of call within the EU Air At time of take off 4 hours before arrival at first EU airport Road 1 hour before arrival at OoFE

22 ICS-ENS data elements Unique Consignment Reference Consignor Carrier Notify Party Conveyance Reference Number First port of arrival Place of loading Goods description Number of packages Gross mass Seal Numbers Specific circumstance indicator Annexe 30 A Data Transport Document Number Consignee Person Lodging the ENS ID and Nationality of transport Country(ies) routing codes Date/time of arrival at first port Place of unloading Type of packages Shipping marks Commodity Code UN dangerous goods code Transport charges method of payment

23 Collecting Additional Data It is unlikely that any one party will possess all the data required to make an ENS declaration. This information will have to be shared :- Where the carrier makes the declaration:- Information will be obtained from the Freight Forwarder and/or Trader including details of Consignor, Consignee, Gross Mass and Type and Number of packages Where a third party lodges the ENS declaration:- The following information will have to be obtained from the Carrier:- Carriers EORI number Vessel/aircraft identification number Date, time and place of first arrival in the EU or UK Vessels /aircrafts anticipated routing

24 Importance of the EORI number EORI number allows HMRC to identify the declarant and/or carrier (if they are separate entities) It will enable HMRC to notify the declarant and/or carrier of:- The Acceptance of an ENS declaration when submitted by a third party Any amendments to an ENS message submitted by a third party Any Do Not Load messages issued to a third party Any diversion requests submitted by a third party

25 Movement Reference Number (MRN) After being received by Customs at the OoFE the ENS message will be:- Validated Accepted MRN issued After the MRN number has been issued a risk assessment is conducted on the ENS message to establish if:- Intervention is appropriate The degree of intervention that will be required

26 Intervention pre arrival The risk assessment will identify to HMRC shipments that they :- Do not want to enter the EU Wish to control when entering the EU and/or Risks that need to be advised to Customs at OoSE A positive outcome to a risk assessment will necessitate intervention, the normal procedure will be:- For deep sea containerised consignments, where the consignment is identified as posing a serious threat a Do Not Load message will be issued:- The risk will be manually verified prior to issuing the DNL message Messages will be sent to the declarant and where different the carrier Where the place of unloading is a OoSE for lesser an alert message (IE303) will be sent to all MS listed in the original ENS message

27 Amending an ENS (IE318) Amendment is possible up until the arrival of the goods at the OoFE Amendments may be made by:- Carrier Third party if allowed All amendments will be risk assessed No cancellation message facility within ENS Non-finalised ENS messages are automatically purged after 215 days

28 Submitting a Diversion Request (IE 323) A Diversion Request is required when a means of transport diverts to an new OoFE in a MS different from:- Where the declared OoFE is located and also Different from where any of the OoSE are located IE 323 is submitted to the declared OoFE Which notifies the new actual OoFE of the Diversion Request Original OoFE will forward any positive risk results IE 323 removes the need to re-submit ENS messages

29 Having gone through the ICS process, a vessel is changing its itinerary to Rotterdam first rather than Felixstowe as originally intended Risk MRN Rotterdam Felixstowe Risk No specific action is required as both Felixstowe and Rotterdam (or UK and NL systems) are aware of positive risks Singapore ENS Bilbao The Diversion Procedure is implemented only if a port in an entirely new Community country is introduced into the itinerary The carrier is to advise Customs at the original first port of entry who must then provide the new Community country s system with the Risk data ITDLO Presentation 16/09/

30 Arrival Notification and post arrival intervention Carrier submits an Arrival Notification upon arrival at the a UK (air) port Covers all goods on board a particular vessel, truck or flight Enables Customs/UKBA to identify consignments with positive risk assessments Customs/UKBA will intervene as appropriate:- Detain Inspect resulting in either:- Detention Release

31 Post Arrival and Customs Procedures Goods will still be declared to HMRC via CHIEF to obtain release-no change If the party declaring the goods on CHIEF is aware of MRN for the ICS declaration, HMRC recommend that this is cross referenced by entering it in Box 44 of the CHIEF entry. This may result in less queries. Current Arrival and inventory procedures will be unchanged at UK (air)ports

32 Penalties Individual MS are permitted to determine their own Penalties Penalties may be imposed on Declarant's not lodging timely and accurate ENS messages Compliance:- Will impact on application for and retention of AEO approval HMRC may have difficulty where declarant is outside the UK in imposing penalties May use different methods to enforce compliance

33 ICS Key points for forwarders to consider The Carrier is legally responsible to submit the ENS declaration within defined timeframes. This may be delegated to third parties including freight forwarders Key points for the freight forwarder to be aware of when deciding if they should submit ENS and other messages:- Their legal responsibilities Understanding the impact of ICS on their existing process flows IT requirements The messaging system and in particular the data requirements Implementation and operating costs Personnel and training needs The impact of both timescales and different time zones Concerns regarding providing carriers with commercially confidential materials Consider the potential business opportunity provided by ICS

34 ICS-Conclusions Part of a far reaching EU policy to increase security :- Authorised Economic Operators Export Control System Import Control System Global implications on all parties in the supply chain moving goods into the EU Emphasis on IT and exchanging data between Customs in all MS To maximise the benefits of ICS, within the supply chain there will have to be greater:- Co-operation Transparency with regard to sharing data To implement ICS will require organisations to:- Review current procedures and modify as appropriate Introduce new procedures as appropriate. Where applicable document procedures (AEO/ISO authorised)

35 Potential Impact HMRC estimate that the UK will receive:- 40 million ENS messages 10 percent of ENS messages will generate a positive outcome 7% of ENSs will be subject to information requests from other MS Prohibitive and Preventive Measures are exceptional processes and have low message volumes There will be around 5,000 traders actively involved in submitting declarations

36 Further Information HMRC Website Technical Specification Business Link Website Customs Information Papers (formerly JCCC papers) Road shows (HMRC and trade events) EUROPA web site EU Regulations etc VAT, Excise and Customs Helpline

37 Thank you for attending and are there any questions?

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