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OCTOBER 1, <strong>2018</strong><br />
Homelink<br />
More transparent but stringent Customs regime from <strong>October</strong> 1<br />
Supplied Content<br />
New Customs legislation to<br />
support border compliance<br />
and the country’s economy<br />
will come into force on <strong>October</strong> 1,<br />
<strong>2018</strong>.<br />
The Customs and Excise Act<br />
<strong>2018</strong> will replace the current but<br />
outdated and much-amended 1996<br />
Act and uses modern language<br />
that is easier to understand and<br />
interpret.<br />
Cooperative effort<br />
Customs spokesperson Terry<br />
Brown said that the new Act was a<br />
collaborative effort.<br />
“We have worked closely with<br />
the import/export sector, as well as<br />
the broader business community,<br />
in the past five years to shape the<br />
legislation and make it easier for<br />
traders to meet border requirements.<br />
There are new services<br />
and initiatives arising from the<br />
Act, including the ability to apply<br />
to store business records outside<br />
New Zealand or in the cloud, a new<br />
valuation rulings service, and the<br />
ability to seek reviews of Customs’<br />
assessments directly from Customs.<br />
Many of the new changes will result<br />
in time and cost savings,” he said.<br />
Mr Brown said that the travelling<br />
public is unlikely to notice much<br />
difference at the border, with<br />
existing provisions reconfirmed or<br />
clarified.”<br />
Customs processes more than 13<br />
million passengers a year, 14.4 million<br />
trade transactions and collects<br />
$13 billion in revenue for the Crown.<br />
More information on the Customs<br />
and Excise Act <strong>2018</strong> is available on<br />
the Customs website or by contacting<br />
our call centre 0800 428 786.<br />
About the new Act<br />
The intent of the Customs and Excise<br />
Act <strong>2018</strong> is still largely the same<br />
as the 1996 Act – to allow Customs<br />
to carry out its work of protecting<br />
New Zealand’s border and supporting<br />
the country’s economy.<br />
However, it provides more<br />
flexibility for Customs to keep<br />
pace with the constantly changing<br />
border, trade, travel and business<br />
environments.<br />
The new Act introduces new<br />
services and requirements<br />
Valuation rulings<br />
Customs can now make rulings<br />
on the appropriate method to determine<br />
the value of an importer’s<br />
goods. This means more certainty<br />
for importers where they are<br />
unsure of how to value their goods.<br />
Importers, or their agents/<br />
brokers, need to apply for a ruling<br />
before goods are imported into<br />
New Zealand. Costs for this service<br />
apply.<br />
Customs has up to 150 days to<br />
make a valuation ruling. A ruling is<br />
valid for up to three years.<br />
Provisional values<br />
Importers who meet the criteria<br />
can declare provisional values for<br />
their goods at the time of importation,<br />
when final values are not<br />
known.<br />
This ensures a transparent, clear,<br />
and flexible process to estimate<br />
values, which takes the realities of<br />
Photo for Newsroom by Lynn Grieveson<br />
trade into account. A final value can<br />
be confirmed within 12 months after<br />
the end of the importer’s financial<br />
year.<br />
Compensatory interest and late<br />
payment penalties<br />
This is a new process for charging<br />
compensatory (use of money)<br />
interest and late payment penalties<br />
when duty hasn’t been paid in full<br />
on time.<br />
It is fairer and more transparent<br />
than the previous additional duties<br />
regime, as the new process is clearer<br />
about when remission can be granted,<br />
and charges are consistent with<br />
those imposed by Inland Revenue.<br />
Storing business records<br />
Anyone required to keep<br />
Customs-related records can now<br />
apply to store their business records<br />
outside New Zealand, including in<br />
the cloud.<br />
This change provides flexibility<br />
in how to store business records, is<br />
more cost effective in many cases<br />
and reflects modern business practice<br />
(in line with Inland Revenue’s<br />
requirements).<br />
Comptroller’s discretion<br />
The Comptroller of Customs (Chief<br />
Executive) now has legal guidance<br />
on how much discretion they have to<br />
make and correct assessments, and<br />
collect the duty identified.<br />
The guidance is only applied in<br />
legal matters on revenue, collections<br />
and assessment. It ensures a fairer<br />
and more equitable system for duty<br />
payers.<br />
Administrative review<br />
Importers, exporters, excise<br />
manufacturers, brokers or agents<br />
can now request an administrative<br />
review of a Customs decision they<br />
are not happy with. Customs staff<br />
not involved in the original decision<br />
will complete the review.<br />
The new process, which industry<br />
asked for, is designed to reduce<br />
barriers and delays, and help keep<br />
costs down. It’s quicker and less<br />
costly than appealing to the Customs<br />
Appeal Authority.<br />
05<br />
Those seeking a review must<br />
make an application, or seek an<br />
extension to make an application,<br />
within 20 working days of a decision<br />
being made.<br />
Single Window<br />
Joint Border Management System<br />
(JBMS) users play a vital role in<br />
helping gain accurate information<br />
about goods coming in and out of<br />
New Zealand.<br />
Users now have to meet ongoing<br />
competency requirements, such<br />
as always acting in a professional<br />
manner and being a fit and proper<br />
person.<br />
Those users who repeatedly fail<br />
to demonstrate competency can<br />
have their registration suspended or<br />
revoked.<br />
Administrative penalties<br />
Administrative penalties now<br />
apply to all exporters, importers,<br />
licensees and agents who make<br />
errors or omissions on import,<br />
export or excise entries.<br />
From April 1, 2019, Customs<br />
officers can issue on-the-spot<br />
infringement notices to anyone<br />
not complying with the official<br />
requirements.<br />
International arriving and<br />
departing passengers (air and<br />
sea), importers, exporters, excise<br />
manufacturers, Customs-controlled<br />
areas (CCAs) and brokers are subject<br />
to fines of $400 (for an individual)<br />
or $800 (for a body corporate)<br />
depending on the offence.<br />
This new infringement notice<br />
scheme replaces the previous petty<br />
offences regime.<br />
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