Policy & Compliance
complete IPAFFS declarations is still lagging behind the expectations. Imprecise wording and confusing instructions all have a potential to exacerbate the above-mentioned risks. Statistics shared with BIFA at the time of writing this article show a high rejection rate of IPAFFS declarations. However, a multitude of reasons for these rejections make them difficult to address. Good quality guidance really is a must in achieving a functional border environment. Lack of legal clarity Another reason for concern is a lack of legal clarity about who is really responsible for lodging an IPAFFS declaration and the potential liabilities for agents involved in the process. It is commonly accepted that a person lodging an IPAFFS declaration should be established in the UK. Government guidance also commonly refers to a person responsible for the consignment, but when the secretariat asked for clarity on a legal definition, again, at the time of writing this article,
that clarity had not been given. This potentially raises a serious concern as freight forwarders and Customs agents completing IPAFFS declarations as agents on behalf of their clients do not know what their legal position is or its potential implications. BIFA understands that further legislation will be published in due course and that may clarify the above, but what is already clear is that UK establishment will be required for lodging an IPAFFS declaration. Will that mean that a UK established agent will in effect be obliged to lodge these declarations and share liability in a similar fashion to indirect Customs representation? That is not clear yet and BIFA will update Members when it is. And it is not all over yet as there are further changes awaiting our industry in 2024. From 31 October 2024, there will be a requirement for Safety and Security declarations for imports into Great Britain from the EU or from other territories where the waiver applies, as set out in the original Target Operating Model.
We expect the introduction of a reduced dataset for imports, as well as government assurances that use of the UK Single Trade Window will remove duplication where possible across different pre-arrival datasets – such as pre-lodged Customs declarations. That is yet to be seen though, as there are still many uncertainties surrounding the import process of controlled goods. Further guidance Safety and Security should certainly stay on Members’ radars and BIFA will be publishing further guidance on this topic. In April, Members are advised to review their processes, especially if moving SPS goods constitutes a part of their service offering. Preparation and good understanding of what is changing, together with good communication within the supply chain, will be crucial to weathering this mini storm. BIFA will provide Members with further guidance when such is available.
“ Another reason for concern is a lack of legal clarity about who is really responsible for lodging an IPAFFS declaration and the potential liabilities for agents who may be involved in the process
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