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EU Exit Bulletin, 25 March 2022

Mar 24, 2022

In this week’s EU Exit Bulletin, we cover the proposed UK law that would impose visa restrictions on non-Irish EU citizens entering Northern Ireland. We also include the EU’s suggestion that UK clearinghouses could provide services in the EU beyond the 2025 cut-off date and a temporary change to the way valuation details of goods are declared in the Trader Support Service. Lastly, we communicate HMRC’s call for feedback from sole traders and small businesses on ways to improve services.

Proposed UK law to impose visa restrictions on non-Irish EU citizens entering NI

Under proposed new UK rules, EU citizens would have to apply for an online Electronic Travel Authorisation (ETA) before entering the UK, including when they cross the border into Northern Ireland from Ireland. This week, MPs voted down a House of Lords amendment that would have seen Northern Ireland exempted from the new immigration arrangements.

Following the vote, the Secretary of State for Northern Ireland Brandon Lewis said there will be no border checks to enforce the visa waive scheme, however the proposals have faced stiff opposition from the Irish government.

The rules would not affect Irish or British citizens but would impact Irish residents, without an Irish passport, crossing from Ireland into Northern Ireland. Border crossings for many EU citizens living and working in either jurisdiction is commonplace.

UK clearinghouses could provide services in EU beyond 2025

The European Systemic Risk Board (ESRB), the EU’s supervisory body for the financial system chaired by European Central Bank President Christine Lagarde, suggested this week that UK clearinghouses could be able to continue to provide services in the EU beyond a proposed cut-off date in 2025.

The European Commission has said that equivalence for UK clearing houses will end on June 30, 2025, following an extension of market access by more than three years.

A letter from the ESRB to Commissioner Mairead McGuinness suggested the ESRB, from a financial stability perspective, would be in favour of allowing the two major UK clearinghouses, ICE Clear and LCH, to continue offering clearing services beyond 2025, provided the EU is successful in addressing financial stability risks identified and the UK regulatory regime continues to be deemed equivalent.

Update on how to declare goods valued using methods 2, 3, 4, 5 and 6

Traders using valuation method 2, 3, 4, 5 or 6 on Trade Support Service (TSS) declarations for movements to Northern Ireland are reminded that they will need to temporarily complete goods declarations differently to ensure they can be successfully processed.

NICTA provides details on what information should be used to complete declarations.

This guidance applies to the following movement types made using TSS:

  • All types of goods (i.e., standard and controlled)
  • Movements from Rest of World-Northern Ireland and Great Britain-Northern Ireland

    The revised completion instructions do not affect the actual customs value calculation. The existing valuation method to determine the customs value of the goods should continue to be used. This guidance only amends how the valuation details are included on the customs declaration. 

    Read more in the latest TSS Bulletin.

    Improving HMRC services

    HMRC would like to talk to sole traders or businesses with fewer than 50 employees, based in:

  • NI and import from GB or another non-EU country
  • NI and export to a non-EU country other than GB
  • GB or another non-EU country, and export to NI

about ways to improve their service.

Please provide your details here if you would like to be involved.

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