11 October 2019
How to export and declare excise goods in a no-deal Brexit
After Brexit, exports of excise goods (alcohol, tobacco and certain oils) from the UK to the EU will be treated the same as exports to the rest of the world. This includes moving excise goods to a place of export in the UK.
Exporting excise duty paid goods
Exporting excise duty suspended goods
After Brexit you cannot use Excise Movement and Control System (EMCS) to move excise duty suspended goods from the UK to the EU. If you move goods without following the relevant customs export procedures at the place they are exported from, you may be liable for excise duty and penalties. Your goods may also be seized.
From 24 October 2019, if you raise a movement on EMCS to an EU member state with a dispatch date later than 31 October 2019 the movement will be rejected by EMCS and HMRC.
Moving excise duty suspended goods to the place of export from the UK
You must use EMCS to move excise duty suspended goods from within the UK to the place they are exported from.
You will need to either:
- ensure the authorised warehouse keeper declares the movement on EMCS when the goods are held in excise duty suspension in their warehouse
- appoint a registered consignor to move the goods or become a registered consignor - when the goods are being released from a customs control for re-export
The authorised warehousekeeper or registered consignor must:
- complete and submit an electronic administrative document (eAD) through EMCS before the movement takes place
- get a unique Administrative Reference Code (ARC) for that specific movement (that EMCS generates)
- complete a customs export declaration using the National Export System (NES) and enter the ARC in box 40
- receive an ‘accepted for export’ notification on EMCS after the goods are cleared by customs - if the ARC matches the customs export declaration
- receive a ‘report of export’ to ensure the export is closed on EMCS
If the ARC does not match the customs export declaration within 30 days of the customs export declaration being submitted, the warehousekeeper or registered consignor will receive a ‘rejected for export’ notification to remind them that the movement is still open on EMCS. You will need to establish why this has happened and take corrective action.
|'Accepted'||The customs export declaration has been accepted|
|'Rejected for export'||The ARC does not match the customs export declaration on CHIEF|
|'Exporting'||The ARC matches the customs export declaration on CHIEF and the goods have been cleared by customs|
|'Delivered'||The goods have departed the UK|
If you are a registered excise business or use authorised destinations
After Brexit, the following registered excise businesses and some authorised destinations will no longer be authorised to receive or dispatch excise goods:
- registered consignee (including movements for direct delivery)
- temporary registered consignee
- exempt consignee
- unknown destination for energy products
- tax representative (for excise duty on distance sales from the EU)
- registered commercial importer
- unregistered commercial importers
If this impacts your business, you’ll need to take steps so that you can continue trading.
If your goods are dispatched before Brexit but received after Brexit
You do not need to complete a UK customs declaration in the UK if:
- the goods are travelling under a recognised excise scheme at that time
- you can show that the movement started before Brexit
The requirements and any sanctions that may apply to these goods will be based on current UK excise legislation and duty points that apply to EU movements.
HMRC or Border Force may ask for evidence of the date and time your goods were dispatched. You can show this by providing:
- for excise duty suspended goods - the eAD or a commercial document containing the ARC
- for excise duty paid goods, either: the request to import excise goods bought duty paid in another EU member state (HM4) or the Simplified Accompanying Administrative Document (SAAD) form
If you cannot prove the date and time your goods were dispatched, the movement will be treated in the same way as one that started after 31 October 2019 and customs import procedures will apply.
Closing duty suspended movements that started before Brexit but received after Brexit
If your goods arrive in the EU after Brexit but were dispatched from the UK before this time:
- you cannot use EMCS to create reports of receipt
- the movement will remain open in the system
- you’ll need to provide an alternative proof of receipt
If you do not receive an endorsed copy of the SAAD back from the EU business for excise duty paid goods, you will need to provide an alternative proof of receipt.
Excise duty drawback claims
If you provide HMRC with an EX75 Notice of Intention (NOI) before 31 October 2019 but the drawback claim is made after this date, the way you can claim duty drawback will change. HMRC will provide more information about these changes before a no-deal Brexit.