UK Statutory Instrument SI 2018 United Kingdom

The Customs (Import Duty) (EU Exit) Regulations 2018

The Regulations are made by the Treasury further to Part 1 of the Taxation (Cross-border Trade) Act 2018 (c. 22) (“the Act”). This is an EU Exit statutory instrument.

Enforced by
HMRC
Status
Amended (in force with amendments)
Penalty ceiling
Prosecution 6 of 102 obligations carry an unlimited fine. 96 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Trader33 Any Person27 Applicant3 Operator3 Licence Holder2 Landlord2 Director or Officer1

Plus 31 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Trader — also bound by 825 other Acts
Any Person — also bound by 2340 other Acts
Applicant — also bound by 307 other Acts
Operator — also bound by 746 other Acts
Licence Holder — also bound by 225 other Acts
Landlord — also bound by 224 other Acts
Director or Officer — also bound by 429 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Introductory provisions

0 of 3 sections shown
Part 2

Presentation of goods to Customs

0 of 5 sections shown
5 other sections in this Part — procedural and definitional
s.no requirement to present goods on import: goods t No requirement to present goods on import: goods that are not unloaded
s.no requirement to present on import: unloading of No requirement to present on import: unloading of stores from a qualifying vehicle
Part 2

Customs control of stores

0 of 1 section shown
1 other section in this Part — procedural and definitional
s.control of stores on board a vehicle Control of stores on board a vehicle
Part 3

Temporary storage

3 of 7 sections shown
s.008 Temporary storage declarations (opens in a new tab) Regulated
  • Submit a temporary storage declaration for imported goodsAny Person
s.011 Temporary storage declarations: failure to make and withdrawal (opens in a new tab) Regulated
  • Ensure temporary storage declarations are correctly made and not withdrawnTrader
s.013 Breach of handling requirement (opens in a new tab) Prosecution
  • Comply with temporary storage handling requirementsLicence Holder

Unlimited fine

4 other sections in this Part — procedural and definitional
Part 4

Declarations

31 of 56 sections shown
s.017 Customs declarations made orally: general (opens in a new tab) Regulated
  • Follow specific procedures for making oral customs declarationsTrader
s.019 Free-circulation procedure: miscellaneous goods (opens in a new tab) Regulated
  • Make an oral customs declaration for specific duty-free goodsTrader
s.021 Temporary admission procedure: miscellaneous goods and other goods (opens in a new tab) Regulated
  • Use oral customs declarations for temporary importsTrader
s.022 Customs declarations made in paper form (opens in a new tab) Regulated
  • Use paper forms or carnets for specific customs declarationsAny Person
s.023 Customs declarations made by conduct: general (opens in a new tab) Regulated
  • Declare goods by conduct only if no prior formal declaration existsTrader
s.024 Free-circulation procedure: baggage, musical instruments and other goods (opens in a new tab) Regulated
  • Declare imported personal goods or instruments by walking through the Green ChannelTrader
s.026 Free-circulation procedure: goods imported at RoRo listed locations Regulated
  • Declare specific goods by conduct at RoRo portsTrader
s.026 Free-circulation procedure: goods imported at other listed locations Regulated
  • Use simplified customs declarations at specific import locationsTrader
s.026 Free-circulation procedure: NATO forces Regulated
  • Use NATO form 302 for customs declarations of NATO goodsAny Person
s.026 Free-circulation procedure: Human Organs etc. needed for transplant Regulated
  • Declare imported human organs or blood by transport conductAny Person
s.026 Free-circulation procedure: use, sale or consumption of non-domestic stores on board a non-qualifying vehicle Regulated
  • Declare non-domestic goods used or sold on non-qualifying vehiclesTrader
s.026 Free-circulation procedure: posted goods (opens in a new tab) Regulated
  • Use the postal service to declare goods for import duty reliefAny Person
s.027 Temporary admission procedure: goods imported at RoRo listed locations Regulated
  • Declare goods for temporary admission by conduct at RoRo locationsTrader
s.027 Temporary admission procedure: pleasure craft Regulated
  • Declare a pleasure craft for temporary admission by conductTrader
s.027 Temporary admission procedure: private aircraft Regulated
  • Follow specific landing procedures for private aircraft temporary admissionTrader
s.027 Temporary admission procedure: goods imported at other listed locations Regulated
  • Declare goods for temporary admission by conduct at listed locationsTrader
s.027 Storage procedure: unloading of surplus stores for storage Regulated
  • Declare and move surplus vehicle stores to a customs warehouseAny Person
s.027 Inward processing procedure: unloading of stores for refurbishment Regulated
  • Use simplified customs declarations for stores requiring refurbishmentAny Person
s.027 Temporary admission procedure: miscellaneous goods and other goods (opens in a new tab) Regulated
  • Use simplified customs procedures for temporary importsTrader
s.029 Transitional EIDR simplified Customs declaration process Regulated
  • Complete the transitional two-part customs declaration processAny Person
s.029 Transitional EIDR procedure – verification Regulated
  • Grant HMRC access to your electronic customs system for verificationAny Person
s.029 Extended periods to make available documents for inspection Regulated
Other duties (1) — Crown / regulator
  • HMRC may extend the deadline for inspecting customs documentsStatutory regulator
s.029 Completion of customs declaration made under regulation 26FA Regulated
  • Complete your customs declaration for vehicle storesOperator
s.031 Persons authorised to use the simplified Customs declaration process (opens in a new tab) Regulated
  • Apply for authorisation to use simplified Customs declarationsAny Person
s.032 Simplified Customs declaration process (opens in a new tab) Regulated
  • Submit simplified, supplementary, and final customs declarationsTrader
s.034 Extended periods to make available documents for inspection (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC may grant more time to provide documents for customs declarationsStatutory regulator
s.037 Fixed transport installations Regulated
  • Follow simplified customs procedures for fixed transport installationsOperator
s.037 Persons authorised to use the EIDR procedure (opens in a new tab) Regulated
  • Apply for permission and follow rules for EIDR customs proceduresTrader
s.039 Voluntary advance declarations by qualifying travellers: other chargeable goods Regulated
  • Declare commercial goods in advance when traveling into the UKTrader
s.039 Advance electronic declarations by qualifying travellers : personal gifts and non-commercial goods (opens in a new tab) Regulated
  • Make advance electronic declarations for personal or non-commercial goodsTrader
25 other sections in this Part — procedural and definitional
s.application for approval to make declaration by co Application for approval to make declaration by conduct under regulation 27(1A)
s.application for approval to make oral declaration Application for approval to make oral declaration under regulation 21(2)
s.definitions: transitional eidr simplified customs Definitions: transitional EIDR simplified Customs declaration process
s.free-circulation procedure: pleasure craft Free-circulation procedure: pleasure craft
s.free-circulation procedure: private aircraft Free-circulation procedure: private aircraft
s.mandatory advance declarations by qualifying trave Mandatory advance declarations by qualifying travellers: other chargeable goods
s.persons authorised to use the simplified customs d Persons authorised to use the simplified Customs declaration process and EIDR procedure – transitional authorisations
s.persons eligible to complete part 1 of the transit Persons eligible to complete Part 1 of the transitional EIDR simplified Customs declaration process
s.persons eligible to use uk continental shelf simpl Persons eligible to use UK Continental Shelf simplifications
s.storage procedure: free zones Storage procedure: free zones
s.temporary admission procedure: nato forces Temporary admission procedure: NATO forces
s.transitional eidr procedure Transitional EIDR procedure
s.uk continental shelf simplified import procedure UK Continental Shelf simplified import procedure
Part 5

Notification and discharge of liability

1 of 3 sections shown
s.040 Notification of a liability to pay import duty where declaration made by carnet Regulated
Other duties (1) — Crown / regulator
  • HMRC must notify you of import duty debts for carnet declarationsStatutory regulator
2 other sections in this Part — procedural and definitional
Part 6

Payment

2 of 4 sections shown
s.044 Suspension of period for payment (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must suspend your duty payment deadline in specific circumstancesStatutory regulator
s.045 Interest on late payment of import duty (opens in a new tab) Regulated
  • Pay interest on late import duty paymentsAny Person
2 other sections in this Part — procedural and definitional
Part 7

Remission and repayment of import duty

22 of 37 sections shown
s.048 Incorrect amount of import duty (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC may refund or cancel duty if they made a mistakeStatutory regulator
s.050 Lower rate of import duty available (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must refund or remit overpaid import duty caused by an incorrect rateStatutory regulator
s.053 Trade remedy repayment investigations Regulated
  • Apply for a refund of overpaid anti-dumping or countervailing dutiesAny Person
s.053 Repayment of import duty following Trade Remedies Authority review Regulated
Other duties (1) — Crown / regulator
  • HMRC must repay import duty following a Trade Remedies Authority reviewStatutory regulator
s.053 Withdrawal of a Customs declaration (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must refund duty if you withdraw a customs declarationStatutory regulator
s.054 Remission (opens in a new tab) Regulated
  • Apply for a reduction or cancellation of unpaid import dutyTrader
s.055 Repayment (opens in a new tab) Regulated
  • Apply to HMRC for a refund of overpaid import dutyTrader
s.056 Applications for remission and repayment of duty (opens in a new tab) Regulated
  • Check rules for moving or changing a duty refund applicationApplicant
s.057 Applicants (opens in a new tab) Regulated
  • Apply for a refund or cancellation of import dutyAny Person
s.058 Content of applications (opens in a new tab) Regulated
  • Complete your application for customs duty remission or repaymentApplicant
s.062 Determinations to grant applications (opens in a new tab) Prosecution
Other duties (1) — Crown / regulator
  • HMRC must determine customs duty remission and repayment applicationsStatutory regulator

Unlimited fine

s.063 Acceptance and rejection (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must accept or reject customs applications within 30 daysStatutory regulator
s.064 Determinations (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must determine customs duty applications and notify you of the resultStatutory regulator
s.066 Lower rate of import duty available: required rejection (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must reject late applications for lower import duty ratesStatutory regulator
s.068 Interest payable by HMRC (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must pay interest on late duty repaymentsStatutory regulator
s.069 Remission or repayment made in error (opens in a new tab) Regulated
  • Repay customs duty refunds or interest paid to you in errorAny Person
s.074 No applications for remission of duty (opens in a new tab) Regulated
  • Do not apply for customs duty remission in restricted casesTrader
s.075 No avoidance of liability (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must cancel import duty debt if non-compliance was an honest mistakeStatutory regulator
s.076 Goods leaving the United Kingdom (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must cancel import duty if goods permanently leave the UKStatutory regulator
s.077 Assistance to HMRC (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must cancel your import duty liability if you report a breachStatutory regulator
s.078 Minimal liability to import duty (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must cancel import duty debts under £9Statutory regulator
s.079 Time periods (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must process import duty remissions within specific time limitsStatutory regulator
15 other sections in this Part — procedural and definitional
s.goods which cease to be chargeable goods Goods which cease to be chargeable goods
Part 8

Customs agents

3 of 4 sections shown
s.080 Residence or establishment in the United Kingdom (opens in a new tab) Regulated
  • Ensure your Customs agent is established in the UKAny Person
s.082 Disclosure of an appointment (opens in a new tab) Regulated
  • Disclose your appointment as a customs agent in declarationsAny Person
s.083 Disclosure of withdrawal of an appointment (opens in a new tab) Regulated
  • Amend declarations if a Customs agent's appointment is withdrawnDirector or Officer
1 other section in this Part — procedural and definitional
Part 9

Approvals and authorisations and authorised economic operators

7 of 11 sections shown
s.085 Authorisations not requiring an application but subject to revocation Regulated
  • Use simplified customs import procedures without formal applicationAny Person
s.086 Cases in which an application for approval may not be made (opens in a new tab) Regulated
  • Do not reapply for customs approvals during a restricted 'cool-off' periodAny Person
s.087 HMRC to consider whether an approval falls to be determined (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must validate or reject customs approval applications within 30 daysStatutory regulator
s.089 Grant or refusal of an application for approval (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must decide on customs procedure and storage approvals within set limitsStatutory regulator
s.090 Notification of HMRC of change of circumstances relating to an approval (opens in a new tab) Regulated
  • Notify HMRC of changes to your customs approval statusLicence Holder
s.091 Amendment, suspension or revocation of approval (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC may amend, suspend, or revoke your customs approvalsStatutory regulator
s.093 Eligibility criteria for authorised economic operators (opens in a new tab) Regulated
  • Meet eligibility criteria for Authorised Economic Operator (AEO) statusAny Person
4 other sections in this Part — procedural and definitional
Part 10

Guarantees

4 of 8 sections shown
s.095 Guarantee (opens in a new tab) Regulated
  • Maintain a financial guarantee for import duty liabilitiesTrader
s.096 Guarantors (opens in a new tab) Regulated
  • Ensure your import duty guarantor is HMRC-approved and UK-basedApplicant
s.098 Specified amount (opens in a new tab) Regulated
  • Maintain sufficient customs guarantees and notify HMRC of shortfallsAny Person
s.100 Discharge of guarantees (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must respond to partial guarantee discharge applications within 30 daysStatutory regulator
4 other sections in this Part — procedural and definitional
Part 11

Domestic goods

2 of 6 sections shown
s.102 Retention of domestic status (opens in a new tab) Regulated
  • Ensure exported goods retain domestic status when re-entering Great BritainTrader
s.106 Evidence that goods are domestic goods (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must publish guidance on evidence for domestic goods statusStatutory regulator
4 other sections in this Part — procedural and definitional
s.goods not regarded as domestic goods: goods in uk Goods not regarded as domestic goods: goods in UK sector of the continental shelf
Part 12

Valuation of chargeable goods

12 of 24 sections shown
s.109 Values undetermined when Customs declaration would otherwise be accepted (opens in a new tab) Regulated
  • Apply for permission to declare goods with an undetermined valueTrader
s.110 Provision of evidence (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must publish evidence requirements for customs valuationsStatutory regulator
s.111 Transaction value: included items (opens in a new tab) Regulated
  • Include specific costs when calculating the customs value of imported goodsTrader
s.113 Transaction value: further included items - royalties (opens in a new tab) Regulated
  • Include royalties and licence fees in the customs value of imported goodsTrader
s.114 Transaction value: retrospectively adjusted amounts Regulated
  • Request a refund of import duty for defective goodsTrader
s.114 Transaction value: pro rata amounts Regulated
  • Calculate customs value pro rata for partial or damaged importsTrader
s.114 Transaction value: adjusted amounts (opens in a new tab) Prosecution
Other duties (1) — Crown / regulator
  • HMRC may adjust the declared value of imported goodsStatutory regulator

Unlimited fine

s.115 Transaction value: excluded items (opens in a new tab) Prosecution
  • Exclude specific costs when calculating the customs value of imported goodsTrader

Unlimited fine

s.116 Transaction value: further excluded items - royalties (opens in a new tab) Prosecution
  • Exclude specific royalties from the declared customs value of goodsTrader

Unlimited fine

s.117 Transaction value: further excluded items – finance interest (opens in a new tab) Regulated
  • Exclude finance interest from the customs value of imported goodsTrader
s.122 Method 2 and Method 3 valuation: identification of transaction values (opens in a new tab) Regulated
  • Use correct transaction values for Method 2 or 3 customs valuationsTrader
s.124 Method 4 valuation – fresh fruit and vegetables (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must publish and update wholesale prices for fresh fruit and vegetablesStatutory regulator
12 other sections in this Part — procedural and definitional
Part 13

Chargeable goods destined for RoRo listed locations

2 of 3 sections shown
s.130 RoRo listed locations (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must maintain and publish a list of RoRo ports and terminalsStatutory regulator
1 other section in this Part — procedural and definitional
Part 13

Unaccompanied goods

1 of 2 sections shown
s.131 Unaccompanied goods: making of declarations Regulated
  • Submit customs declarations for unaccompanied goods on through trainsAny Person
1 other section in this Part — procedural and definitional
s.unaccompanied goods Unaccompanied goods
Part 13

Chargeable Goods Destined for Other Listed Locations

2 of 3 sections shown
s.131 Other listed locations Regulated
Other duties (1) — Crown / regulator
  • HMRC must publish and maintain a list of specific customs locationsStatutory regulator
s.chargeable goods carried by relevant vehicles dest Chargeable goods carried by relevant vehicles destined for other listed locations: making of declarations Regulated
  • Declare unaccompanied chargeable goods before they reach final departureAny Person
1 other section in this Part — procedural and definitional
s.interpretation Interpretation
Part 13

Goods intended to be carried in a shuttle train

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
s.goods intended to be carried in a shuttle train Goods intended to be carried in a shuttle train
s.goods intended to be carried in a shuttle train: m Goods intended to be carried in a shuttle train: making of declarations
Part 13

Notification of embarkation requirements for chargeable goods destined for RoRo listed locations or other listed locations

1 of 1 section shown
s.notification of embarkation requirements for charg Notification of embarkation requirements for chargeable goods destined for RoRo listed locations or other listed locations Regulated
  • Notify HMRC when chargeable goods depart for the UKOperator
Part 14

Fees

8 of 12 sections shown
s.134 Requested attendance at premises or vehicles on a Sunday or other non-working days (opens in a new tab) Regulated
  • Pay fees for HMRC attendance on Sundays or non-working daysAny Person
s.135 Requested attendance further to section 159(1) of CEMA 1979 (opens in a new tab) Regulated
  • Pay fees for HMRC officer attendance at commercial premisesAny Person
s.136 Goods requiring special care or treatment (opens in a new tab) Regulated
  • Pay fees for the storage or transport of hazardous goodsLandlord
s.137 Examination and taking samples of goods (opens in a new tab) Regulated
  • Pay fees for customs goods examination or samplingAny Person
s.138 Destruction of goods (opens in a new tab) Regulated
  • Pay fees for the destruction of seized goodsLandlord
s.139 Fees authorised and functions (opens in a new tab) Prosecution
Other duties (1) — Crown / regulator
  • HMRC may only charge fees for specific customs servicesStatutory regulator

Unlimited fine

s.140 Amount of fees (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must publish and limit customs fees to actual costsStatutory regulator
s.142 Payment of fees (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must notify you of customs fees and payment termsStatutory regulator
4 other sections in this Part — procedural and definitional
s.fees specified in a notice Fees specified in a notice
Part 15

Transitional and savings provisions

1 of 19 sections shown

Help complying

Guvnor’s practical routes through this instrument.

8 more guides that reference this instrument

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.