Category: Customs & Trade

A version of this article was first published by The DCN in June 2022.

It is difficult to determine exactly what may arise now the election has taken place, given that there was minimal commentary on trade and border issues during the election campaign.

A version of this article was first published by The DCN in May 2022.

Andrew Hudson lists the important things the new federal government needs to pay attention to in the international trade space.

A version of this article was first published by The DCN in May 2022.

Customs & Trade law expert Andrew Hudson provides a summary of recent and still-under-negotiation trade pacts and analyses their significance.

Rigby Cooke is pleased to announce that for the third consecutive year, two of our Partners, Andrew Hudson and David McLaughlin, have been included in their respective areas in the Best Lawyers in Australia rankings for 2023.

A version of this article was first published by The DCN in April 2022.

Please note that this was prepared in the middle of March 2022, before our other updates on more recent developments in sanctions and trade controls. It is provided by way of providing more detail on the background on the basis for these measures. 

The war in Ukraine is upending world trade, and there is no sign of an end to the disruption, Andrew Hudson writes.

A version of this article was first published by The DCN on 4 April 2022. This version incudes new and updated information.

I have previously written regarding fundamental changes to Australia’s sanctions regime, from implementing United Nations (UN) sanctions through to the adoption of our own Autonomous Sanctions and more lately, the creation of the new Thematic Sanctions.

A version of this article was first published by The DCN in April 2022.

After a long series of false starts, Australia and India have finally completed the first stage of a two-stage process that will result in a full Australia-India Comprehensive Economic Cooperation Agreement (AICEPA) towards the end of 2022.

On 29 March 2022, the Treasurer handed down the Australian Federal Budget for 2022-23 (Budget).

On 29 March 2022, the Treasurer handed down the Federal Budget for 2022-23.

A version of this article was first published by The DCN in March 2022.

Customs & Trade law expert Andrew Hudson takes a look at the increasing importance of environmental, social and governance (ESG) considerations and the consequences for industry.

The Russian military invasion of Ukraine has met almost universal opposition and condemnation from around the world through commentary, protest and by way of the imposition of economic sanctions and other restrictions by countries, including by Australia.

Rigby Cooke Lawyers’ Partner Andrew Hudson has been recognised by Who’s Who Legal (WWL) for the second consecutive year as a “Recommended Lawyer” in their Global Trade & Customs list 2021.

A version of this article was first published by The DCN in February 2022 as part of the 130th Anniversary of its first edition.

Customs & Trade lawyer Andrew Hudson takes a look at how the laws governing trade in Australia have grown and changed over the years.

A version of this article was first published by The DCN in January 2022.

Andrew Hudson explains what the thematic sanctions reforms passed by the Australian Parliament means for your business.

Back in June 2021, I provided an update regarding the release of the “Agreement in Principle” between Australia and the United Kingdom (UK) as to the proposed content of the Australia-United Kingdom Free Trade Agreement (AUKFTA). The intent of releasing the “Agreement in Principle” was to demonstrate early outcomes from negotiations for the AUKFTA and maintain interest in both countries.

A version of this article was first published in DCN Magazine in December 2021.

Customs & Trade law expert Andrew Hudson takes a deep dive into what developments are on the horizon for the new year.

We have previously written on the topic of legislation and practice overseas (especially the United States) enabling goods produced by “forced labour” to be seized at the border and destroyed.

Many people look forward to a new year as a time for celebration. However, for importers and exporters and their service providers, including licensed customs brokers and freight forwarders, the start of the 2022 new year is a time to pay close attention to some significant changes to their regulatory regime.

Many of you would be aware that one of my professional dreams is for the Customs Act 1901 (Act) to be replaced with a new version written to modern regulatory standards. Those affected would not be relying on legislation whose origins stretch back to Federation (and even from the States Customs Acts before Federation).

This article was first published in October by The Daily Cargo News.

The fact that the Regional Comprehensive Economic Partnership Agreement (RCEP) has survived the COVID-19 pandemic and the apparent shift towards enhanced protectionism indicates that the parties still believe that there is merit in a rules-based multilateral agreement to facilitate trade.

Have you ever read something and thought, “I’m not sure what that means” or “is that really correct”? Welcome to our series of quickfire interviews that attempt to unravel those interesting words and phrases.

In this edition, we speak to Customs & Trade Partner Andrew Hudson who talks to us about the word he finds interesting, smuggling.

Many of those in industry will remember the controversy associated with the introduction of Goods and Services Tax (GST) on “low-value import transactions” (LVT) on consignments three years ago.

This article was first published in July 2021 by DCN.

Andrew Hudson takes us on a deep dive into the Australia-UK Free Trade Agreement (AUKFTA), examining what it means for Aussie importers and exporters.

This article was first published on 5 August 2021 by DCN.

Only a Customs & Trade lawyer nerd who also happens to be a sports tragic would start to think about whether customs duty or Goods and Services Tax is payable on Olympic medals when brought into Australia. It would be unfortunate for the winners of the medals to try and establish the value of the medals and then whether customs duty is payable.

This article was first published in July 2021 by The Daily Cargo News.

Customs & Trade law specialist Andrew Hudson offers some thoughts on the compliance focus of some of Australia’s border agencies.

This article was first published in June 2021 by Thomson Reuters Canada.

Despite the optimism surfacing in some quarters that the world and its economy are recovering from the COVID-19 Pandemic, recovery is far from complete and the consequences will continue to affect the world for many years. This article provides some insight into how Australia’s trade has coped and the shape of its recovery – with a little help from its friends.

This article was first published on 22 June 2021 by Daily Cargo News.

Concerns for human rights have manifested themselves in many ways over the course of many years and led to a range of responses over that time, whether by unilateral national action or collective international action through such bodies as the United Nations Human Rights Council.

Following a flurry of negotiations and carefully worded press releases, Australia and the United Kingdom (UK) have finally confirmed the outline of their agreement on a Free Trade Agreement (FTAs) between the two nations.

This article was first published in June 2021 by Daily Cargo News.

Customs & Trade law expert Andrew Hudson takes a close look at the latest Federal budget, with a focus on how it will affect industry.

This article was first published on 20 May 2021 by Daily Cargo News.

Against the background of concerns on the Federal Government’s trade facilitation agenda, the last two Federal budgets have allocated funding towards work on a “Simplified Trade System” (STS) to operate across Government agencies involved in the import and export of goods.

This article was first published in May 2021 by Daily Cargo News.

Trade law expert Andrew Hudson argues that free-trade agreements are increasingly not just about trade, they also address societal issues, and this is a good thing.

The COVID–19 Pandemic has created many unusual outcomes. One of those was the delay of the May 2020 Australian Federal Budget until October 2020 which included a series of measures aimed at management of the economy in the face of the Pandemic and forecasting future deficits.

Rigby Cooke is pleased to announce that two of our partners, Andrew Hudson and David McLaughlin, have again been included in the Best Lawyers in Australia rankings for 2022. Best Lawyers is a highly regarded, peer reviewed publication with over 30 years of history.

This article was first published in April 2021 by Daily Cargo News.

The world continues to struggle with the practical consequences of congestion in the supply chain and governments are initiating reviews into supply chain vulnerabilities and how they may be addressed. However, it remains important that we do not overlook other initiatives to facilitate trade which may have been stalled by the focus on the more immediate problems of the global pandemic.

This article was first published in March 2021 by Daily Cargo News.

The tariff classification of goods is a crucial part of the international supply chain, as it applies to goods at the point of import and export and can affect a number of vital issues such as whether goods are allowed to be imported or exported at all, the duty payable at the point of import and whether dumping or countervailing duty is payable.

The release of the “Interim Government Response” (Response) to the independent review of the Victorian Ports System Review (Review) on 26 February 2021 comes at a time when there is ongoing attention on the state, national and international supply chains.

Rigby Cooke Lawyers’ Partner, Andrew Hudson has been recognised by Who’s Who Legal as a “Recommended Lawyer” in their Global Trade & Customs list 2020.

On 19 February 2021, the Federal Treasurer requested the Productivity Commission (Commission) undertake an independent review (Review) “into supply chain vulnerabilities and risks” to “ensure that the Australian economy is prepared for “possible supply chain disruptions”.

This article was first published in February 2021 by Daily Cargo News.

Even as the world struggles with the health issues from the pandemic, those relying on the supply chain are facing a variety of problems, which collectively are creating additional delays, cost and uncertainty. None of these factors will assist with economic recovery, or the distribution of vaccines and other medical products being used to deal with the pandemic. Further, the economic benefits of a reduction in tariffs through Free Trade Agreements and other trade facilitation measures are being eroded by problems and costs in the supply chain.

This article was first published in January 2021 by Daily Cargo News.

Back in October 2020, the federal government released its proposed budget for the 2020/2021 financial year. As usual, most of the details had been formally announced or “leaked” but it is worth paying attention to a few issues.

This article was first published in December 2020 by Daily Cargo News.

Just when we thought that the most complex thing affecting our trade relationship with the European Union (EU) was how Brexit was going to be effected and how the free trade agreement was going to be completed, other developments are quickly coming into play which may make the position even more complicated.

On 3 December 2020, the Government introduced a new Bill into the Federal Parliament known as the Customs Tariff Amendment (Incorporation of Proposals and Other Measures) Bill 2020 (Bill).

This article was first published in November 2020 by Daily Cargo News.

I was invited by the American Bar Association (ABA) to prepare a chapter on the Australian sanctions regime for inclusion in an ABA publication on comparative sanctions regimes. As I provide advice on sanctions to clients and have an interest in my capacity as a director of the Export Council of Australia, it was a pleasure to accept and spend some time trying to reduce the complex issues both in Australia and overseas.

This article was first published in November 2020 by Daily Cargo News.

Recent news on the international trade stage has been less than optimistic – especially for those Australian exporters who are held up by ongoing Chinese trade bans on some of our primary products and resources.

It appears to be a direct consequence of some diplomatic disagreements but, to date, falls short of a full trade war.

According to most officials, we appear to have a winner in the United States (US) election with the announcement of the success of the Biden/Harris ticket.

This article was first published in October 2020 by Daily Cargo News.

For many years, disputes on trade have led to actual warfare. “Send a gunboat”, was often cited as part of British foreign policy when trade was at risk. Think of the British and French Opium Wars with the Chinese Qing Dynasty which led to the opening of additional European jurisdiction over Chinese ports including Guangzhou and Shanghai and the concession over Hong Kong in favour of the British.

On Tuesday 6 October 2020, the Federal Government released its proposed budget for 2020-21, together with forward estimates of future receipts and expenses. As usual, most of the details had previously been formally announced or “leaked” previously but it is worth paying attention to a few issues. In doing so I have borrowed shamelessly from the exact words from the relevant budget text to ensure accuracy and only added additional commentary when the issue warrants that additional attention.

This article was first published in September 2020 by Daily Cargo News.

It seems counterintuitive but even as Australia struggles out of recession and pandemic, a number of lines have determined that the state of services through Port Botany, Sydney, require the imposition of an additional ‘congestion charge’ for a variety of reasons including the lack of overtime resulting from legally protected industrial action by stevedore employees at Port Botany.

This article was first published in September 2020 by Daily Cargo News.

One of the stories from the COVID–19 pandemic has been the surging numbers of goods being moved through e-commerce. The forced levels of isolation have caused consumers and corporates to resort to purchasing even more goods than ever online seeking urgent delivery.

This article was first published in August 2020 by Daily Cargo News.

The Australian Commonwealth Constitution (the Commonwealth) has an interesting history including its development through a series of Constitutional Conventions between the representative of state governments and other interested parties.

This article was first published in August 2020 by The Daily Cargo News.

In many countries, some participants in the private supply chain are licensed by government to undertake their roles.

This article was first published in August 2020 by AMT Magazine.

During the current pandemic, the focus of many has been on the manufacture of medical equipment required for the treatment of COVID-19 and their urgent movement through the international supply chain.

As an island nation, Australia has always relied heavily on its ports, their wharves and other facilities as well as the associated land–side infrastructure including rail and road access, stevedore operations and empty container parks. Much of the national and international supply chain relies on the efficient operation of the sector.

This article was first published in July 2020 by The Daily Cargo News.

The Indonesia–Australia Comprehensive Economic Partnership Agreement is a positive development for the global free trade agenda writes Customs and Trade Partner, Andrew Hudson.

On 24 June, we delivered a webinar to members of the CBFCA (now IFCBAA) which addressed, in part, the terms of the Indonesia Australia – Closer Economic Partnership Agreement (IA – CEPA) which is to commence on 5 July 2020, as well as the outcomes from the Australian Border Force (ABF) Goods Compliance Update from April 2020.

This article was first published in June 2020 by Thompson Reuters.

One of the fundamental roles of governments during the COVID–19 Pandemic has been to assist the movement of goods through the international and domestic supply chain as well as to support those providing services in that supply chain. While there has been an understandable focus on movement of Personal Protective Equipment (PPE) and related equipment and medication needed to assist in treatment of those affected by the Pandemic, that focus has not excluded the adoption of measures to assist trade in other goods adversely affected by the significant reduction in air and sea cargo options.

This article was first published on 12 May 2020 by Daily Cargo News.

I have previously written the effects of COVID-19 in the international supply chain as well as having presented at meetings and webinars. This included a recent webinar with the Customs Brokers and Forwarders Council of Australia, which was attended by more than 300 members.

One of the major tasks for government’s around the world are to adopt measures which may assist business to recover and thrive as they plan to move out of COVID– 9 restrictions. As much as national governments have committed to generally keep borders open, there remains the need to actively take action to ensure that commitments are met and that new initiatives are adopted to support further enhancements to the trade environment.

During the current pandemic, the focus of many has been on the manufacture of the medical equipment required for the treatment of COVID -19 and their urgent movement through the international supply chain.

Rigby Cooke is pleased to announce that two of our Partners, Andrew Hudson and David McLaughlin have been included in the Best Lawyers in Australia rankings for 2021.

This article was first published on 6 April 2020 by Daily Cargo News.

At last, the UK has finally started its process to depart the European Union (EU). However, there is still some real uncertainty about what will remain at the end of the departure process.

On 1 April 2020, the Australian Federal Government announced a new financial package to support exports of seafood to overseas markets as well as to increase funding of the Export Market Development Grant scheme (EMDG). This is one of a series of financial support packages released as part of Australia’s response to the effects of the COVID-19 pandemic.

Further to our update last week, the government has now moved to impose export controls on COVID-19 goods during the present ‘human biosecurity period’.

In light of the ongoing and increasing impact of COVID 19, here we summarise a few relevant issues in the international supply chain, including at our national border.

Andrew Hudson has recently co-authored a white paper with the Customs Brokers and Forwarders Council of Australia, alongside Scott Carson and Gerardo D’Angelo, with additional contributions from Adam Butler, Tim Gray and Taras Lubczyk.

I had previously published an article on 28 January 2020 with some early thoughts on the possible impacts of the coronavirus. However, as matters have progressed, I thought that it warranted an update.

This article was first published by AirCargo Magazine.

Well, it finally happened. 1,317 days, two elections and a number of pieces of legislation after the UK referendum voted to leave the European Union (EU), the departure procedures commenced.

This article was first published by Daily Cargo News.

As I write these words (8 January 2020), we are swaying on the precipice of escalation of warfare between the US and Iran. We are also stunned by the ongoing bushfire disaster which is taking the lives of animals and people as well as destroying properties and countryside.

The High Court decision on the tariff classification of ‘Vita gummies’ and ‘Garcinia weight-loss preparation’. 

We have previously written at length on decisions of the Administrative Appeals Tribunal (AAT), or State or Federal Courts on the classification of goods for customs purposes. The classification of goods is a vital process as many things follow from that classification including rates of customs duty, the need to pay dumping or countervailing duty and whether the goods are prohibited or need permits or licences.

This article was first published by Daily Cargo News.

As I write this article, news of the spread of the ‘coronavirus’ becomes worse on a regular basis. According to today’s media, nearly 60 million people in China’s largest cities are in lockdown, there are 2700 confirmed cases and 80 people have died.

This article was first published by Daily Cargo News.

Only the beginning of the end of tension?

In much the same way that Australia welcomed rain this week, the release of ‘Phase One’ of the US and China Agreement had led to some degree of relief and confidence in the commercial and financial world.

The Australia-Hong Kong Free Trade Agreement (A-HKFTA) starts today, 17 January 2020. This will include preferential rates of customs duty for certain classifications of goods along with more opportunities for investment and trade in services.

This article was first published by Daily Cargo News.

While much debate surrounds the operation of our anti-dumping legislation in practice, it may be a surprise to some that we did not create the regime unilaterally. Our regime takes its origin from Article VI of the General Agreement on Tariffs and Trade 1994 (GATT).

This article was first published by Daily Cargo News.

I have been in the fortunate position of being involved with the Customs Brokers and Forwarders Council of Australia (CBFCA) for a number of years.

The decision of the Victorian County Court in Technology Swiss Pty Ltd and Ecology SRL v Famous Pacific Shipping Pty Ltd which was delivered on 30 September 2019 and published on 13 November 2019 has already received some attention and commentary within industry.

This article was first published by Air Cargo.

On occasion, life has a habit of appearing to imitate art.

Both Beckett’s ‘Waiting for Godot’ and Kafka’s ‘The Castle’ are now widely being considered as contemporary literary representations of the UK’s tortured Brexit process.

This article was first published by Daily Cargo News.

The Australian Trusted Trader Programme (ATTP) is one of the lead offerings of the Australian Border Force (ABF) and represents an example of how industry and government can work closely together to co-develop a program which has largely delivered on its intended outcomes and is actively supported by industry.

This article was first published by Daily Cargo News.

As much of Australia’s focus was taken by the Melbourne Cup carnival, the leaders of 15 of the 16 nations negotiating the Regional Comprehensive Economic Partnership (RCEP) announced the conclusion of ‘text-based’ negotiations with formal signing now expected in 2020.

This article was first published by Daily Cargo News.

I wrote an earlier article on Brexit for this publication and thought it may be a good time to review the situation and whether there was any further clarity on the position.

This article was first published by AirCargo magazine.

Now that the 46th Federal Parliament has resumed and the commencement formalities have been completed, it is a good time to review the status of our Free Trade Agreement (FTA) agenda along with other new initiatives aimed at facilitating trade.

This article was first published by Daily Cargo News.

Even with the current political pressures around global trade and the supply chain, there seems to be little prospect that there will be no reduction in goods being moved through the international supply chain.

This article was first published by Daily Cargo News.

The start of a new financial year is often used by the business community to launch new initiatives into the market. However, in this case, by media release on 1 July 2019, the Australian Border Force (ABF) as a division within the Department of Home Affairs (DHA) provided details of the establishment of a new ‘Customs Group’ within the ABF.

The term seems to have first arisen in the early 1990s with reference to an ‘open distributed ledger that can record transactions between two parties efficiently and in a verifiable and permanent way’ and was developed to serve as a ‘public transaction ledger’ for the bitcoin cryptocurrency.

This article was published in the July print edition of Daily Cargo News and updated for recent events

In the week leading to the recent Federal election, the Minister for Industry Science and Technology (Minister) released her decisions as to the imposition of interim dumping and countervailing duties on steel pallet racking and PVC covered electrical cabling

In the week leading to the Federal election, the Minister for Industry Science and Technology (Minister) released her decisions as to the imposition of interim dumping and countervailing duties on steel pallet racking and PVC covered electrical cabling.

This article was first published in AirCargo magazine, June 2019.

Those in industry (let alone anyone with an interest in world news) would be painfully aware that global trade is under massive pressure at the moment. Examples of these threats are everywhere and if they come to pass, the consequences will be uniformly bad. Trade and global integration has been a driver of financial and social improvement with the World Bank estimating that more than a billion people have been lifted out of poverty over the last 25 years.

During each year we discuss various important decisions handed down by the Tribunals and Courts.

Now that the Australian Federal election has been run and won, attention will turn to the priorities of the Coalition Government once Parliament resumes, whether in relation to the introduction of new initiatives or pursuit of the agenda which had been on hold pending the election outcome.

This article was first published by Daily Cargo News.

I write this article on 12 April 2019, shortly after the announcement of the federal budget and the announcement of the date for the federal election. As expected, this period encompassed the usual claim and counter-claim between the major political parties and the usual cynicism that even after the election, the political landscape may not change significantly.

This article was first published by AirCargo Magazine.

Faced with the prospect of a no deal Brexit on 12 April 2019, the EU and the UK put into place a compromise that is referred to as a ‘flextension’ because it delays Brexit until 31 October 2019, subject to a number of conditions. 

This article was first published by Daily Cargo News.

Technology has contributed to improvements in trade and is seen as one means to facilitate improvements. For example, many parties are looking to Blockchain as a means to enhance both the speed and safety in the movement of goods. Most contemporary Free Trade Agreements (FTAs) include provisions to facilitate customs procedures and trade as well as chapters on assisting e-commerce. In one excellent example, the FTA Portal by the Department of Foreign Affairs and Trade (DFAT) comprises up to date information on the terms of our FTAs in a way which makes it easier for parties to understand the FTAs and take advantage of them.

The Federal Budget 2019 was formally released by the Federal Government last night (2 April 2019). However, in an election year, the Federal Government took the unusual path of confirming that the government would not be seeking to pass new legislation implementing that Budget in the remaining Parliamentary sitting days. Instead, the Budget legislation would be left only to pass if the government is re-elected in the next Federal Election which is likely to take place in May 2019.

As many readers would be aware, when the New Zealand Customs Act 2018 (Act) commenced on 10 October 2018, not all of its provisions come into force on the same day.

I had been working with Custom Brokers & Freight Forwarders Federation of New Zealand (CBAFF) and other members of the Stakeholders Reference Group (Group) established by New Zealand Customs (Customs) in reviewing the proposed terms of the Act including changes to powers to Customs and the enforcement regime in the Act.

This article was first published by Daily Cargo News.

The term “Brexit” has well and truly entered into regular use and represents one of the top topics for news and current affairs at the moment. The world is transfixed by developments in the UK including close attention to the (non) passage of legislation to implement the Exit Agreement brokered by the UK Government with the EU and the associated pressure on the UK Conservative Government. As the day of departure from the EU approaches (29 March 2019), the absence of a clear exit process gives rise to more concerns on how the world will cope if no deal (or a bad deal) is struck.

Australia depends heavily on sea cargo and the efficient movement of goods through the supply chain both for exports and imports. The benefits of the proliferation of free trade agreements (FTAs) and other initiatives aimed at facilitating trade and reducing barriers and costs, can be compromised when access to the infrastructure is limited, delayed or made more expensive, especially where there is little recourse against those practices.

When most goods enter the country, the completion of customs formalities usually includes the payment of customs and excise duty. However in a number of cases, the duties are not paid on import and the goods are moved under “customs control” to “licensed premises” which are secured facilities, whether bonds or warehouses where goods are held pending payment of the duties and release into “home consumption” for wider use, often for retail sale.

For a variety of reasons Australians have wholeheartedly embraced the various means of electronic communication and social media platforms.

This article was first published by Daily Cargo News.

Beware those working in licensed premises – you can be liable for amounts equal to duty owing on goods stolen from those premises.

This article was first published by AirCargo Magazine.

The Australian Productivity Commission (PC) website describes its main role as:

“Providing independent research and advice to government on economic, social and environmental issues affecting the welfare of Australians”

The Australian border is a busy place, not just in terms of the movement of goods and people and not just in terms of the many free trade agreements (FTAs) and other trade developments.