Customs and Excise Management Act 1979
What this means for your business
- Enforced by
- ECJU
- Applies to
- United Kingdom
- On this page
- 78 compliance obligations, 9 practical guides across 2 topics
What you must do
78 compliance obligations under this legislation — 14 can result in imprisonment.
Inspections 2
Allow HMRC inspection and keep gaming duty records
If your business runs section 10 gaming or has gaming machines, HMRC can enter your premises at a reasonable time, look at your accounts, records and any related equipment, and ask you to open or operate that equipment. You must keep all relevant records and cooperate with any inspection to show whether gaming or machine‑games duty is due and how much.
Allow HMRC inspection of betting, totalisator and remote‑gaming premises
If HMRC has reasonable cause to think you are providing betting facilities, operating a totalisator, or carrying on remote gaming, they can enter your premises at a reasonable time, look at your accounts, records and equipment, and ask you to open any relevant machines. You must cooperate and make those records and equipment available for inspection.
Management duties 5
Claim duty relief for temporarily imported goods
Unlimited fineIf you bring goods into the UK only for a short period (e.g. for a trade show, repair, exhibition or testing), you can avoid paying import duty. To do this you must follow HMRC’s temporary‑import relief rules – declare the goods under the scheme, keep them under customs control, and export (or destroy) them again within the authorised time‑limit. Failure to follow the rules means you will be charged duty and could face fines or prosecution.
Do not handle goods with unpaid excise duty
2 years imprisonmentIf your business deals with excise goods such as alcohol, tobacco, or fuel, you must make sure the relevant excise duty has been paid before you receive, store, transport or sell them. Handling any such goods while the duty remains unpaid is a criminal offence.
Operate aircraft and import goods only via regulated aerodromes
Fine up to £2,500You must make sure that any aircraft arriving in or leaving the UK with passengers or goods lands, takes off and unloads only at a regulated aerodrome (a customs‑excise airport or an aerodrome approved under s.20B), unless you have written permission from HMRC. The same rule applies to anyone importing goods by air – the goods must enter the UK at a regulated aerodrome. Breaching this can lead to a fine or up to three months’ imprisonment.
Prevent unlawful removal of excise goods before duty is paid
If your business takes excise‑duty‑free goods out under a bond, you must keep those goods secure and ensure they are only used for the purpose you were authorised for. If the goods are taken away illegally before that purpose is completed, HMRC can call in the bond and demand payment immediately.
Use customs warehousing to defer duty on imported goods
Unlimited fineIf you import goods you can keep them in a customs‑approved warehouse without paying duty straight away. To do this you must have the correct licence, store the goods in an authorised warehouse and keep accurate records. When the goods leave the warehouse you must then pay the duty that was deferred.
Notifications 1
Notify HMRC of claim to seized goods within one month
If HMRC seizes any of your property as liable to forfeiture, you must let them know you contest the forfeiture. You have to send a written notice of claim to HMRC within one month of the seizure (or of the seizure notice). Failing to do so means the goods will be automatically treated as forfeited.
Other requirements 3
Allow HMRC entry, search and seizure of premises when authorised
If HM Revenue & Customs obtains a written warrant or believes it has reasonable grounds to inspect, they can force entry to any premises you use for your business, search the site, seize documents and even search people. You must let the officer in, give them a copy of the warrant and cooperate with any seizure or search they carry out.
Avoid using concealed pipes to hide excise goods
If you produce alcoholic products or run a refinery, you must not hide taxable goods in secret pipes, cocks, vessels or other hidden containers. HMRC can break into your premises to investigate, and any goods found via such concealment can be forfeited.
Cooperate with customs officers during free‑zone searches
When you or your vehicles go in or out of a customs free‑zone, you must answer any questions from HMRC officers and show any goods they ask to see. Officers can also board vehicles or enter the zone to inspect at any time, and you must allow them to do so.
Payments and fees 7
Apply for and satisfy conditions to defer excise duty on warehouse goods
If you keep duty‑payable goods (such as alcohol, tobacco or energy products) in an authorised excise warehouse, you can usually put off paying the excise duty. To do that you must apply to HMRC, keep evidence that you meet the conditions set in the regulations, and be ready to pay the duty immediately if those conditions are not satisfied.
Arrange deferment of customs duty payments
Unlimited fineIf you import goods into the UK, you can ask HMRC to let you postpone paying the customs duty. You must apply for a deferment arrangement, keep any required standing deposit, and then pay the duty by the date set by HMRC. Failing to do so can lead to penalties.
Pay all customs duties and penalties as ostensible owner
Unlimited fineIf you act as the owner or principal manager of a customs trader, you are personally liable for the same duties and penalties that the real owner would owe. That means you must pay any customs duties and penalties to HMRC, even if the company is a different entity or you are under 18, and you need to keep records that show you’ve complied.
Pay customs duty on goods used in restricted ways
Unlimited fineIf you import goods that HMRC says owe duty based on how they’re used, you must pay that duty when you clear the goods. Check each shipment to see whether use‑based duty applies, pay the amount on time, and keep records to prove you complied.
Pay excise duty on imported goods containing dutiable parts
If you import any product that includes an ingredient or component which is subject to excise duty (e.g., alcohol, fuel, tobacco), you must calculate and pay the appropriate excise duty for the whole product. The duty is based on the amount of the dutiable component used, unless HM Treasury requires you to pay the higher amount as if the whole product were that component. You can also claim any rebates that would apply if the component were charged separately.
Pay excise duty on time as directed by HMRC
If your business manufactures, processes or sells excisable goods, you must pay any excise duty due at the time, place and to the person HMRC tells you to, even if you have a bond in place. If you miss a payment, HMRC can send you a written demand and you must pay immediately; otherwise civil penalties and daily fines will be applied.
Provide security for customs duty before goods are released
If you import goods into the UK, you must give HMRC acceptable security (e.g., a cash payment, bank guarantee or customs bond) for any duty that may be due before the goods can be delivered to you. Without that security the goods will be held at the border.
Offences and prohibitions 55
Breach of regulation‑based conditions on approved temporary storage facility
Unlimited fineIf you fail to comply with any condition that has been imposed under the regulations made under section 25(1A) on a site that has been approved as a temporary storage facility, you commit an offence. On summary conviction you can be fined up to £20,000, or a higher amount if you do not remedy the breach by the deadline set in a notice – the fine can rise by £20,000 for each outstanding notice. No prison term applies.
Counterfeit customs documents or seals
2 years imprisonmentIf you produce, alter, use or accept a fake document or seal that is required for customs or other tax matters, you commit a criminal offence. A conviction can lead to an unlimited fine and up to two years in prison, and the case can be tried in either the Magistrates' Court or the Crown Court.
Disobey customs officer’s instructions to stop aircraft or rail vehicle departure
3 months imprisonmentIf a customs officer tells you to stop an aircraft or a railway vehicle from leaving the UK and you ignore that instruction, you commit an offence. The same applies to the aircraft owner or rail vehicle operator if the vehicle departs despite the instruction, unless you can prove you had no consent or involvement. On conviction you face a £2,500 fine, up to three months in prison, or both.
Export goods without required permission (fraudulent)
14 years imprisonmentIf you ship dutiable or restricted goods for export before you have complied with the required export licences or other export provisions, and you do so knowing the shipment is fraudulent, you commit an offence. On conviction you face a fine of at least £20,000 (or three times the value of the goods, whichever is higher) and up to six months' imprisonment on summary conviction, or an unlimited fine and up to 14 years' imprisonment on indictment.
Export or ship explosives without customs entry
Fine up to £1,000If you load, export or ship explosives without first making the required customs entry, you breach the law. The exporter or shipper can be prosecuted and will face a fine of up to £1,000 on summary conviction.
Export prohibited or restricted goods
14 years imprisonmentIf you export, ship or arrange to ship goods that are prohibited or subject to a restriction (for example under drug or firearms legislation), you commit a criminal offence. The offence can be tried either in a magistrates’ court or a Crown Court and carries a fine (up to three times the goods’ value or unlimited on indictment) and, for the more serious version, up to 14 years’ imprisonment (or life for certain weapons or drugs).
Fail to be present when goods are examined or sampled
Fine up to £1,000If HMRC officials require you (or your representative) to be present when your goods are examined under section 159 or a sample is taken under section 160, and you do not attend without a reasonable excuse, you commit an offence. On summary conviction you face a fine of up to level 3 on the standard scale (£1,000). The offence is tried in the Magistrates' Court.
Fail to bring ship to customs examination
Fine up to £500If a ship that is supposed to be examined or possibly forfeited by customs does not comply with the order to ‘bring to’ (i.e., surrender) and there is no good reason for the delay, the ship’s master commits an offence. On summary conviction in the Magistrates’ Court the master faces a fine of up to £500. No prison term is provided for this breach.
Fail to comply with controls on movement of goods
Fine up to £2,500If you move imported or export goods in a way that breaches Customs regulations – for example using an unauthorised route, vehicle, container, or loading/unloading procedure – you commit an offence. On summary conviction you can be fined up to £2,500 and the goods involved may be forfeited.
Fail to comply with customs import formalities
Fine up to £500If you import goods into the UK and do not follow the customs requirements – such as making the proper customs declaration, presenting the goods, or declaring stored goods – you commit an offence. On summary conviction you face a fine of up to £500 and the goods may be forfeited to the Crown.
Fail to comply with customs information request
Fine up to £1,000If HMRC (or a customs officer) asks you to provide information or produce documents about the origin of goods you have exported, you must comply unless you have a reasonable excuse. Failing to do so is a criminal offence. On conviction in the magistrates' court you face a level‑3 fine (up to £1,000).
Fail to comply with customs information request
Fine up to £1,000If you are involved in importing or exporting goods that require a customs entry and a customs officer asks you for information, documents or to allow inspection and you do not comply, you commit a criminal offence. On summary conviction in the magistrates' court you face a level‑3 fine of up to £1,000. No custodial sentence is provided for this breach.
Fail to comply with customs inspection and record‑keeping duties
3 months imprisonmentIf you operate an aircraft or railway vehicle, or control an aerodrome or railway customs area, you must let customs officers board, inspect the vehicle, goods and paperwork, keep the required arrival/departure records and let officers copy them. Failing to do any of this is a criminal offence. On summary conviction you face a fine up to £2,500, up to 3 months’ imprisonment, or both, and the case will be dealt with in the magistrates’ court.
Fail to comply with customs regulations for land movements
Fine up to £1,000If you move goods by road or rail into or out of the United Kingdom and break any regulation made by the Commissioners under this section (or ignore a condition of a dispensation), you commit a criminal offence. On conviction you face a fine of up to £1,000 and any offending goods can be seized. The case will be dealt with in the Magistrates' Court.
Fail to comply with customs seizure or detention requirements
Fine up to £500If you are not a customs officer but you seize, detain, or keep goods that may be liable to forfeiture under the customs and excise Acts, you must follow the statutory requirements (such as delivering the goods to an officer or giving written notice) and any directions from the Commissioners. Failing to do so is a criminal offence. On summary conviction you face a fine of up to level 2 (£500) and no prison term.
Fail to comply with export control requirements
Unlimited fineIf you export goods that are subject to export licences or other export controls and you breach those requirements – for example by exporting without the proper licence, missing a deadline, or not informing HMRC – you commit an offence. The goods will be forfeited and you face a fine (up to £20,000 or three times the value of the goods, whichever is higher, or a standard‑scale level‑4 fine for other goods) and a further £20,000 fine if you ignore HMRC’s directions. The offence is tried in the Magistrates’ Court.
Fail to comply with export information directions
Fine up to £1,000If the Commissioners issue you a direction requiring information or documents about goods you are exporting (or intend to export) and you do not provide them as required, you commit a criminal offence. On summary conviction in the Magistrates' Court you face a fine of up to £1,000 (standard‑scale level 3).
Fail to comply with export loading restrictions
Fine up to £1,000If you place goods that are required to be exported alongside a vehicle that is not a road vehicle (such as a ship, aircraft or pipeline) without obtaining the written authority required by the regulations, you breach the law. The offence applies to any person or business that does this. On conviction in the magistrates' court you face a fine of up to £1,000.
Fail to comply with hovercraft movement regulations
Fine up to £1,000If you operate a hovercraft that carries goods to or from a port, regulated aerodrome, customs station, approved wharf or temporary storage facility, you must follow any regulations or directions issued by the Commissioners or a proper officer. Ignoring those rules or directions is a criminal offence. On summary conviction you could be fined up to £1,000 and any goods involved may be seized.
Fail to comply with registered excise dealer/shipping regulations
Unlimited fineIf your business is a registered excise dealer or shipper and you break any rule in the relevant regulations, or ignore a condition or restriction imposed by the Commissioners, you will be hit with a civil penalty under the Finance Act 1994 and any offending goods can be seized. The penalty is a monetary fine (potentially unlimited) and does not carry a prison term.
Fail to comply with regulated conditions on an approved wharf
Unlimited fineIf you breach a condition that has been imposed on an approved wharf under the regulations linked to section 20(1A), you commit an offence. On summary conviction you can be fined up to £20,000, and if you do not remedy the breach by the date specified in a notice you face a higher fine calculated as £20,000 plus an “enhanced amount” (£20,000 multiplied by each notice that remains un‑remedied).
Fail to confirm customs declaration for vehicle operators
Fine up to £1,000If you operate a vehicle that is carrying goods to be imported into the UK, you must confirm—either yourself or by stating you reasonably believe—that a customs declaration has been made for those goods, in the way the regulations require. Failing to give this confirmation when required is a criminal offence. On summary conviction you face a fine of up to £1,000.
Fail to deliver required account before coasting ship departure
Fine up to £500If a coasting ship leaves a UK port without first giving the customs officer a proper account (the transire) as directed, the ship's master commits an offence. The offence does not apply where the Commissioners have specifically allowed the departure or a valid general transire has been issued. On summary conviction the master faces a fine of up to £500 (level 2 on the standard scale).
Fail to follow customs directions for moving uncleared goods
Fine up to £500If you move goods that have not had duty paid, are subject to drawback, or are otherwise under customs control without following the directions issued by HMRC’s Commissioners, you commit an offence. The breach is dealt with in the magistrates' court and can result in a fine. On conviction you could be fined up to £500.
Fail to pay duty on missing pipeline goods
Unlimited fineIf you own a pipeline or the goods moved through it and those goods are later found missing or short, you must pay any unpaid duty or drawback that applies. If you refuse to pay the amount demanded by an officer, you can be prosecuted and, on summary conviction, will be fined double the sum owed. The case is dealt with in the magistrates’ court.
Fail to produce required ship documents to customs officer
Fine up to £500If the master (captain) of a coasting ship does not produce a document that should be on board when a customs officer asks for it, the master commits an offence. On summary conviction in a magistrates' court the master can be fined up to £500.
Fail to provide information or documents for a drawback claim
Fine up to £1,000If HMRC (the Commissioners) request information or documents about goods involved in an excise duty drawback claim and you do not supply them, you commit a criminal offence. On conviction in the Magistrates' Court you face a fine of up to £1,000. No custodial sentence is provided for this breach.
Fail to provide information or documents to customs officer
Fine up to £1,000If a customs officer asks you to give details about goods you are importing or exporting, or to show invoices, bills of lading, or any other documents, you must comply. Not doing so without reasonable cause is a criminal offence. On conviction in the magistrates' court you face a fine up to £1,000.
Fail to provide or answer required goods account on a commissioned ship
Fine up to £1,000If you are the commander of a ship commissioned by Her Majesty or a foreign state and the ship is carrying goods that were loaded outside the United Kingdom, you must give a customs officer an account of those goods before they are unloaded and must answer any questions the officer asks. Not providing the account, or refusing to answer, is an offence. On summary conviction in the Magistrates' Court you face a fine of up to £1,000.
Fail to provide required customs facilities
Fine up to £1,000If you are a revenue trader (or anyone who has been required by HMRC to give security for premises used for customs examinations) and you do not provide or maintain the appliances, equipment or other facilities that an officer needs to examine goods, you commit an offence. On summary conviction you face a fine of up to level 3 on the standard scale (£1,000).
Fail to report inbound vehicle or goods to customs
Fine up to £1,000If you operate a ship, aircraft or any other vehicle arriving in the UK and you do not make the required inbound customs report, refuse to answer customs officers’ questions, or alter/remove goods before the report is made, you commit a criminal offence. On summary conviction you face a fine of up to £1,000 and the goods may be detained or placed in a Queen’s warehouse.
Fail to return excise licence after cheque is dishonoured
Unlimited fineIf your business obtains an excise licence by paying with a cheque and that cheque later bounces, the licence is automatically void. You must return the licence within 7 days of being told to do so. If you do not, you can be prosecuted and face a fine – up to level 5 on the standard scale (unlimited, e.g. £20,000 for gaming licences) or a larger amount for vehicle licences.
Fraudulent evasion of agricultural export levy
14 years imprisonmentIf you knowingly help avoid or cheat the agricultural levy that must be paid when exporting goods, you commit a criminal offence. On conviction you could be fined an unlimited amount (or three times the value of the goods, whichever is higher) and/or face up to 14 years in prison. The goods concerned may also be forfeited.
Fraudulent evasion of customs duty or import/export prohibition
14 years imprisonmentIf a person knowingly obtains, keeps, moves or otherwise deals with goods that have been removed from a customs warehouse, have unpaid duty or are subject to an import/export ban, and does so with the intention of defrauding HMRC, they commit an offence. The same offence applies to any deliberate attempt to evade duty or breach a prohibition. On conviction the offender can face an unlimited fine, up to 14 years’ imprisonment and the goods may be confiscated.
Import goods without paying duty or breaching prohibition
14 years imprisonmentIf you or your business knowingly unloads, lands or moves goods that are either duty‑unpaid or prohibited/restricted, and you do so with the intention of defrauding HMRC or evading the restriction, you commit a criminal offence. On conviction you can be fined up to an unlimited amount and face up to 14 years’ imprisonment (or up to 6 months if tried summarily). The offence also covers removing such goods from approved storage without permission.
Interfere with revenue vessels or related equipment
Fine up to £200If you deliberately obstruct, damage or otherwise interfere with any customs or excise vehicle, buoy, anchor, chain, rope or marker used by the Commissioners without a good reason, you commit a criminal offence. Conviction in the magistrates' court carries a fine of up to £200.
Land/store untaxed goods without authority
Unlimited fineIf you ship goods as ‘stores’ without paying duty and they are landed or unloaded in the UK without the proper officer’s permission, you (the vehicle operator and the owner of the ship, aircraft or railway vehicle) commit an offence. The goods can be forfeited and, on summary conviction, you face a fine of three times the value of the goods or £1,000 (level 3) whichever is greater.
Load goods onto exporting ship before entry outwards
Fine up to £1,000If you load goods onto a ship for export before the required entry‑outwards has been submitted (unless a stiffening order applies), you breach the law. The ship's master can be convicted in the magistrates' court and fined up to £1,000.
Make fraudulent or improper claim for customs duty drawback
14 years imprisonmentIf you deliberately falsify a claim – or even without fraud intent – to obtain a refund, allowance, remission or rebate of customs duty that you are not entitled to, you commit a criminal offence. On conviction you could be fined (unlimited on indictment) and face up to 14 years in prison, plus possible forfeiture of the goods involved.
Offer goods for sale as smuggled
Unlimited fineIf you market or sell any product by saying it was imported without paying duty or was otherwise illegally brought into the UK, you commit an offence even if that isn’t true. The goods can be seized and, on a summary conviction, you face a fine of at least £1,000 or up to three times the value of the goods – whichever is higher – and you could be detained.
Refuse to accommodate customs officers on a ship
Fine up to £500If you are the master of a ship that is in a UK port and you do not provide reasonable accommodation below decks, or safe access and egress, for customs officers who have been stationed on the vessel, you commit a criminal offence. On summary conviction in the Magistrates' Court you face a fine of up to level 2 on the standard scale (£500). No imprisonment is provided for this breach.
Refuse to pay duty on missing or deficient warehoused goods
Unlimited fineIf you store goods in a customs warehouse and they are later found missing or deficient, you must pay any duty that becomes due. Should you refuse to pay the amount HMRC demands (whether ordinary duty or excise duty), you can be convicted on summary conviction and be liable to a penalty equal to double the unpaid sum (or double the reduced amount after any appeal).
Refuse to produce ship clearance on demand
Fine up to £200If a ship that has been cleared to leave the UK is stopped by an officer and the master refuses to show the clearance or answer the officer’s questions, the master commits a criminal offence. On conviction in the Magistrates’ Court the offence carries a fine of up to £200.
Refuse to stop a vehicle for customs search
Fine up to £1,000If you are in charge of a vehicle that customs suspects is carrying undeclared or prohibited goods and you refuse to stop the vehicle or let it be searched, you commit an offence. On summary conviction you face a fine of up to level 3 on the standard scale (£1,000). There is no custodial sentence attached to this breach.
Separate denatured excise goods after home use
2 years imprisonmentIf excise goods (such as spirits) have been denatured by mixing with another substance and later you separate the original goods from that mixture for home use, you commit an offence. You can be detained, the goods may be confiscated, and you face a fine (up to £20,000 or three times the goods’ value on summary conviction, unlimited on indictment) and/or up to six months’ imprisonment on summary conviction or up to two years on indictment.
Ship goods coastwise in violation of prohibitions
Fine up to £1,000If you ship or carry goods along the UK coast in breach of any prohibition or restriction that is in force, the goods will be confiscated and you can be fined up to £1,000 on summary conviction. The offence applies to anyone who ships the goods or intends to ship them.
Submit false customs declaration
2 years imprisonmentIf you knowingly or recklessly make, sign, deliver or cause to be delivered a false customs declaration, notice, certificate or any other document to HMRC, you commit a criminal offence. Conviction can lead to an unlimited fine and up to two years' imprisonment, and any goods covered by the false document may be forfeited. The Crown can also recover any tax that was under‑paid because of the false statement.
Take steps to evade excise duty
14 years imprisonmentIf you knowingly take any action intended to fraudulently avoid paying excise duty on goods – whether for yourself or for someone else – you commit a criminal offence. On conviction you can be fined an unlimited amount and face up to 14 years’ imprisonment, and the goods involved may be seized. The offence can be tried either in a Magistrates’ Court or in the Crown Court.
Tamper with customs seals or remove sealed goods
Fine up to £2,500If you deliberately remove, damage or tamper with a customs seal, lock or mark on goods while they are in the UK (or on a ship/aircraft), or you take the goods before the seal is lawfully removed, you and the person in charge of the goods commit an offence. On summary conviction you face a fine of up to £2,500. No prison term is provided for this offence.
Unauthorised act during goods examination
Fine up to £1,000If, while your goods are being moved to a place for Customs examination, you do something that hasn't been authorised and you have no reasonable excuse, you commit an offence. You will be fined up to £1,000 on summary conviction.
Unauthorised opening or access to a customs or excise warehouse
Unlimited fineIf anyone opens a warehouse door or lock, or gets into a customs or excise warehouse (or its stored goods) without permission from a proper officer, they commit a criminal offence. On conviction in the magistrates’ court they face an unlimited fine and may be detained.
Unauthorised use of a pipeline for goods
2 years imprisonmentIf you import, export or move goods through a pipeline that has not been approved by HMRC (or you breach any condition attached to an approved pipeline, or access goods in the pipeline without authority), you commit a criminal offence. On conviction you could be fined up to an unlimited amount and face up to two years’ imprisonment, and the goods involved may be seized. The offence can be tried in either the magistrates' court or the Crown Court.
Unload exported goods in the UK without authority
Unlimited fineIf you load goods onto a vehicle for export but then unload them in the United Kingdom without the proper officer’s permission – and you haven’t paid any duty due or repaid any drawback – you and anyone helping with the unloading can be prosecuted. The same applies if you open a container or alter marks on goods that are subject to excise, transit, drawback or other duty procedures. Conviction leads to forfeiture of the goods and a fine of either three times the goods’ value or £1,000 (level 3), whichever is higher.
Use of ship, railway vehicle, aircraft or hovercraft in breach of customs rules
Fine up to £20,000If you own or operate a ship (up to 100 tons), a railway vehicle, an aircraft or a hovercraft that is used to import, export or move goods contrary to customs prohibitions or without paying the required duties, you commit an offence. On summary conviction you can be fined up to the value of the vehicle or £20,000 (whichever is lower), and the vehicle may be forfeited.
Use premises or article without required customs entry
Unlimited fineIf you or your business use any premises, building, vehicle or equipment that the customs rules require to be entered for trade purposes, but you have not made the proper entry, you commit an offence. A civil penalty is imposed under the Finance Act 1994 and any goods on the unauthorised premises can be seized and forfeited.
Record keeping 2
Keep records for all firearm imports and exports
Unlimited fineIf your business imports or exports weapons or firearms, you must maintain the records that HMRC (the Commissioners) ask for under EU Directive 91/477/EEC. These records must be kept for every transaction and available for inspection, so you can prove compliance with customs rules.
Make required customs entry and keep premises marked
If your business is involved in a customs or excise trade and you are told to make an entry for a premises or article, you must complete the entry in the exact form and detail required, keep the premises or article marked as HMRC directs, and ensure the entry is signed by an authorised officer (for a company). Failure to follow HMRC’s directions can lead to a civil penalty.
Reporting and filing 3
Claim customs duty relief for goods in transit or transshipment
Unlimited fineIf you import goods into the UK only to move them on to another country, you can apply to HMRC for relief from paying customs duty. You must declare the goods as being for transit or transshipment, ensure they leave the UK within the allowed period, and keep records proving they were never used in the UK.
Claim repayment of excise duty for returned or destroyed goods
If you import goods under a sales contract and they arrive damaged or not as described, you can ask HMRC to refund any excise duty you paid, provided you return the goods unused to the seller (or meet export rules) or destroy them unused with the seller’s consent. You’ll need to prove these conditions to HMRC to get the refund.
Provide information to HMRC on firearms imports or exports
If your business imports or exports weapons or firearms you must give HMRC any information they reasonably ask for about those goods. You also have to produce any related documents for inspection when requested, at the place and time they specify.
Penalties for non-compliance
65 penalties under this legislation. 14 can result in imprisonment. 32 carry an unlimited fine.
Do not handle goods with unpaid excise duty
Unlimited fine and/or 2 years imprisonment
Counterfeit customs documents or seals
Unlimited fine and/or 2 years imprisonment
Export goods without required permission (fraudulent)
Unlimited fine and/or 14 years imprisonment
Export prohibited or restricted goods
Unlimited fine and/or 14 years imprisonment
Fraudulent evasion of agricultural export levy
Unlimited fine and/or 14 years imprisonment
Fraudulent evasion of customs duty or import/export prohibition
Unlimited fine and/or 14 years imprisonment
Import goods without paying duty or breaching prohibition
Unlimited fine and/or 14 years imprisonment
Make fraudulent or improper claim for customs duty drawback
Unlimited fine and/or 14 years imprisonment
Separate denatured excise goods after home use
Unlimited fine and/or 2 years imprisonment
Submit false customs declaration
Unlimited fine and/or 2 years imprisonment
Take steps to evade excise duty
Unlimited fine and/or 14 years imprisonment
Unauthorised use of a pipeline for goods
Unlimited fine and/or 2 years imprisonment
Disobey customs officer’s instructions to stop aircraft or rail vehicle departure
Fine up to £2,500 and/or 3 months imprisonment
Fail to comply with customs inspection and record‑keeping duties
Fine up to £2,500 and/or 3 months imprisonment
Claim duty relief for temporarily imported goods
Unlimited fine
Use customs warehousing to defer duty on imported goods
Unlimited fine
Arrange deferment of customs duty payments
Unlimited fine
Fail to comply with customs record‑keeping or notice requirements
Unlimited fine
Fail to comply with conditions for an aerodrome examination station
Unlimited fine
Pay customs duty on goods used in restricted ways
Unlimited fine
Breach of regulation‑based conditions on approved temporary storage facility
Unlimited fine
Fail to comply with export control requirements
Unlimited fine
Fail to comply with registered excise dealer/shipping regulations
Unlimited fine
Fail to comply with regulated conditions on an approved wharf
Unlimited fine
Fail to pay duty on missing pipeline goods
Unlimited fine
Fail to return excise licence after cheque is dishonoured
Unlimited fine
Land/store untaxed goods without authority
Unlimited fine
Offer goods for sale as smuggled
Unlimited fine
Refuse to pay duty on missing or deficient warehoused goods
Unlimited fine
Unauthorised opening or access to a customs or excise warehouse
Unlimited fine
Unload exported goods in the UK without authority
Unlimited fine
Use premises or article without required customs entry
Unlimited fine
Keep records for all firearm imports and exports
Unlimited fine
Claim customs duty relief for goods in transit or transshipment
Unlimited fine
Use of ship, railway vehicle, aircraft or hovercraft in breach of customs rules
Fine up to £20,000
Operate aircraft and import goods only via regulated aerodromes
Fine up to £2,500
Fail to comply with controls on movement of goods
Fine up to £2,500
Tamper with customs seals or remove sealed goods
Fine up to £2,500
Export or ship explosives without customs entry
Fine up to £1,000
Fail to be present when goods are examined or sampled
Fine up to £1,000
Fail to comply with customs information request
Fine up to £1,000
Fail to comply with customs information request
Fine up to £1,000
Fail to comply with customs regulations for land movements
Fine up to £1,000
Fail to comply with export information directions
Fine up to £1,000
Fail to comply with export loading restrictions
Fine up to £1,000
Fail to comply with hovercraft movement regulations
Fine up to £1,000
Fail to confirm customs declaration for vehicle operators
Fine up to £1,000
Fail to provide information or documents for a drawback claim
Fine up to £1,000
Fail to provide information or documents to customs officer
Fine up to £1,000
Fail to provide or answer required goods account on a commissioned ship
Fine up to £1,000
Fail to provide required customs facilities
Fine up to £1,000
Fail to report inbound vehicle or goods to customs
Fine up to £1,000
Load goods onto exporting ship before entry outwards
Fine up to £1,000
Refuse to stop a vehicle for customs search
Fine up to £1,000
Ship goods coastwise in violation of prohibitions
Fine up to £1,000
Unauthorised act during goods examination
Fine up to £1,000
Fail to bring ship to customs examination
Fine up to £500
Fail to comply with customs import formalities
Fine up to £500
Fail to comply with customs seizure or detention requirements
Fine up to £500
Fail to deliver required account before coasting ship departure
Fine up to £500
Fail to follow customs directions for moving uncleared goods
Fine up to £500
Fail to produce required ship documents to customs officer
Fine up to £500
Refuse to accommodate customs officers on a ship
Fine up to £500
Interfere with revenue vessels or related equipment
Fine up to £200
Refuse to produce ship clearance on demand
Fine up to £200
Practical guidance
Our guides explain how to comply with the requirements above.
International Trade 8
Use simplified customs procedures
Speed up border clearance with Simplified Declaration Procedure (SDP), Entry in Declarant's Records (EIDR), Authorised Economic Operator (AEO) …
Traveling abroad for export business
Business visas, travel insurance, temporarily exporting samples/equipment, and tax/NI for overseas work.
Import customs declarations and procedures
Register for CDS, classify goods with commodity codes, choose between full and simplified declarations, use customs agents, and …
Import duties, VAT and payment options
Understand the types of import charges, calculate customs duty and import VAT, use Postponed VAT Accounting, set up …
Export customs declarations and procedures
How to declare exports, what documentation you need, and how to avoid the most common costly customs errors.
Export logistics and shipping documentation
Freight methods, Incoterms, commercial invoices, packing lists, and working with freight forwarders.
Choose and work with a customs agent
How to decide if you need a customs agent, choose the right type for your business, understand costs …
Import licences for controlled goods
How to get import licences for controlled goods including endangered species, controlled drugs, firearms, nuclear materials, and sanctioned …
Sections and provisions
249 classified provisions from this legislation.
Duties 25
- s.11 Assistance to be rendered by police, etc.
- s.21 Control of movement of aircraft, etc. into and out of the United Kingdom. goods in any aircraft
- s.45 Deferred payment of customs duty.
- s.46 Goods to be warehoused without payment of duty.
- s.47 Relief from payment of duty of goods entered for transit or transhipment.
- s.48 Relief from payment of duty of goods temporarily imported.
- s.75B Records relating to firearms
- s.77B Information powers relating to firearms documents relating
- s.100F Powers of search.
- s.108 Making of entries. person is required
- s.113 Power to search for concealed pipes, etc. officer
- s.116 Payment of excise duty by revenue traders.
- s.118 Liability of ostensible owner or principal manager.
- s.118BCA Inspection powers: betting duties and remote gaming duty
- s.118E Procedure when documents etc. are removed. such thing is made
- s.118C Entry and search of premises and persons. officer
- s.118BC Inspection powers: gaming duty and machine games duty
- s.119 Delivery of imported goods on giving of security for duty.
- s.122 Regulations where customs duty depends on use.
- s.123 Repayment of duty where goods returned or destroyed by importer.
- ... and 5 more duties
Offences and penalties 63
- s.20A Approved wharves
- s.22A Examination stations
- s.23 Control of movement of hovercraft.
- s.24 Control of movement of goods by pipe-line.
- s.25A Temporary storage facilities
- s.26 Power to regulate movements of goods into and out of United Kingdom by land.
- s.27 Officers’ powers of boarding.
- s.30 Control of movement of uncleared goods within or between port or airport and other places.
- s.31 Control of movement of goods to and from inland clearance depot, etc.
- s.33 Power to inspect aircraft, aerodromes, railway vehicles and customs areas, records, etc.
- s.34 Power to prevent flight of aircraft or departure of railway vehicles.
- s.35 Report inwards.
- s.35A Obligation to confirm making of Customs declaration: particular vehicle operators
- s.36 Provisions as to Her Majesty’s ships, etc.
- s.41 Failure to comply with customs formalities.
- s.50 Penalty for improper importation of goods.
- s.52A Breach of applicable export provisions etc
- s.53 Entry outwards of goods.
- s.59 Restrictions on putting export goods alongside for loading.
- s.61 Supplementary provision relating to stores.
- ... and 43 more offences and penalties
Powers 50
- s.8B Co-operation with other customs services
- s.8A Disclosure of customs information
- s.10 Disclosure by Commissioners of certain information as to imported goods.
- s.12 Power to hold inquiries.
- s.19 Appointment of ports, etc.
- s.20 Approval of wharves
- s.22 Approval of examination stations at regulated aerodromes
- s.25 Approval of temporary storage facilities
- s.28 Officers’ powers of access, etc.
- s.29 Officers’ powers of detention of ships, etc.
- s.40 Removal of chargeable goods to Queen’s warehouse.
- s.42 Power to regulate unloading, removal, etc. of imported goods.
- s.51 Special provisions as to proof in Northern Ireland.
- s.60A Power to make regulations about stores
- s.65 Power to refuse or cancel clearance of vehicle.
- s.66 Power to make regulations as to exportation, etc.
- s.68B Special provisions as to proof in Northern Ireland.
- s.73 Power to make regulations as to carriage of goods coastwise, etc.
- s.79 Power to require evidence in support of information.
- s.81 Power to regulate small craft.
- ... and 30 more powers
Definitions 21
- s.1 Interpretation. aerodrome armed forces assigned matter
- s.2 Application to hovercraft.
- s.3 Application to pipe-lines.
- s.4 Application to certain Crown aircraft.
- s.5 Time of importation, exportation, etc. Relevant international arrangement
- s.52 Meaning for this Part of “dutiable or restricted goods”. inward processing goods agricultural levy
- s.69 Meaning of “coasting ship” coasting ship
- s.89 Forfeiture of ship jettisoning cargo, etc.
- s.92 Approval of warehouses.
- s.93 Regulation of warehouses and warehoused goods. relevant business or activity prescribed
- s.100G Registered excise dealers and shippers. registered excise dealer and shipper
- s.118BB Inspection powers: goods-based duties
- s.118BA Further duty to provide information and documents
- s.118B Duty of revenue traders and others to furnish information and produce documents.
- s.118F Failure of officer to comply with requirements under section 118E. the appropriate judicial authority
- s.128 Restriction of delivery of goods.
- s.142 Special provision as to forfeiture of larger ships.
- s.157A General information powers in relation to persons entering or leaving the United Kingdom passport
- s.164A Powers to search for cash the 2002 Act the Cash Control Regulation minimum amount
- s.177 Consequential amendments, repeals and saving and transitional provisions.
- ... and 1 more definitions
Exemptions 18
- Schedule 7 Saving and Transitional Provisions
- s.20B Approval of aerodromes
- s.43 Excise duty on imported goods.
- s.44 Exclusion of s. 43(1) for importers etc. keeping standing deposits.
- s.60B Failure to comply with regulations under section 60A
- s.60 Additional restrictions as to certain export goods.
- s.70 Coasting trade—exceptional provisions.
- s.78 Customs and excise control of persons entering or leaving the United Kingdom.
- s.97 Restriction on compensation for loss or damage to goods in, or for removal of goods from warehouse or pipe-line.
- s.114 Power to prohibit use of certain substances in exciseable goods.
- s.115 Power to keep specimen on premises of revenue traders.
- s.117 Execution and distress against revenue traders.
- s.118A Duty of revenue traders to keep records.
- s.137A Recovery of overpaid excise duty.
- s.144 Protection of officers, etc. in relation to seizure and detention of goods, etc.
- s.145 Institution of proceedings.
- s.146 Service of process.
- s.152 Powers of Commissioners to mitigate penalties, etc.