Publications

The Irish Sea Customs Border

Chapter in “The Law and Practice of the Ireland-Northern Ireland Protocol” published by Cambridge University Press.   This chapter provides an overview of how the Irish Sea customs border established under the Protocol functions in practice and what impact this new border has on companies trading between Great Britain (GB) and Northern Ireland. Given the ‘unique circumstances on the island…

The impact of a new customs and regulatory border with the EU for UK companies trading goods

UKTPO Briefing Paper 62, October 2021   Key points The introduction of a new regulatory and customs border has made it more difficult and more expensive to trade with the EU. This impacts UK firms who import and export from and to that market. However, the impact of Brexit on UK importers and exporters is not homogenous. The paper identifies…

You are not a true Brexit geek until you know about “extended cumulation”

With the quantity of trade at stake, such terms should not be the sole preserve of customs specialists. First published as a Prospect blog available here. Those working on Brexit now know more about “rules of origin” than we ever thought we would. For trade negotiators, they are one of the most contentious areas in talks, although to be fair,…

The unresolved difficulties of the Northern Ireland protocol

UKTPO Briefing Paper 41 by Michael Gasiorek and Anna Jerzewska. Available here. Key Points The UK Government’s Command Paper on Northern Ireland reveals some significant differences between the position of the UK and that of the EU with respect to operationalising the Northern Ireland Protocol. These will no doubt spill over into the on-going future relationship negotiations. Some of the differences are…

The Unfinished Business of the Northern Ireland Protocol

First published as a UKTPO blog available here. While the world battles the Covid-19 pandemic, the UK Government’s decision not to request an extension to the transition period means that the UK and the EU have only eight months until 31st December 2020 to complete the talks on the future trading relationship. If a trade deal is not agreed by 1…

Determining goods at risk

Firat published as a UKTPO blog available here. The UK is due to leave the EU on the 31st January 2020. A new stage of the Brexit process is set to begin – the transition period and negotiations of the future relationship with the EU. At the same time, work on the Northern Irish border arrangements is far from over. A…

The government’s no-deal preparations have left businesses in the dark

With Brexit less than 100 days away, the prospect of no deal is more likely than ever. The UK’s transitional border plans were released in February ahead of the March deadline. Increasingly large sums have been spent on preparation. But many companies aren’t ready. As a result of no deal, what presently are considered moving goods within the EU would become imports and exports and as…

Preference Utilisation and Customs Data: The Missing Pieces of the FTA Puzzle

Even though free trade agreements (FTAs) have proliferated for several decades, researchers still don’t fully understand their effects. In the wake of the recent wave of mega-regional trade deals, many governments are now interested in evaluating the effectiveness of their existing commitments and the benefits they have brought for business. It is, therefore, more important …

The customs side of customs unions

First published by The UK in a Changing Europe (link here) In the context of Brexit, a customs union has always been a half-way option that doesn’t offer the same benefits as single market membership, but also doesn’t allow the UK to lead a truly independent trade policy. It only addresses trade in goods,…

There is no such thing as completely frictionless trade across a border

Originally published by LSE Brexit (link HERE). The concept of a frictionless border is a constant theme of the Brexit debate. There is no such thing as completely frictionless trade across a border. Brexit potentially adds new border formalities and checks when moving physical goods across the border, and these extra formalities add to border friction.

The Rules of Origin Facilitator: New Tool for Increasing Trade

By Dzmitry Kniahin and Anna Jerzewska Text on the joint initiative by the ITC, WCO and WTO which helps micro, small and medium-sized enterprises (MSMEs) benefit from international trade opportunities. Originally published by ITC (HERE). The Rules of Origin Facilitator is a new online tool which makes navigating the complex landscape of trade agreements…

Is Your Business UK Trade Policy Ready?

By David Henig and Anna Jerzewska Originally published by the UK Trade Forum (HERE). “I’m from the government and I’m here to help” is often a statement business representatives really don’t like to hear. But as the UK embarks on an independent trade policy outside the European Union, that needs to change, at least…

Brexit and origin: a case for the wider use of cross-cumulation

As the UK negotiates its exit from the EU, rules of origin are becoming a key topic. Even if the UK reaches a deal with the EU, renegotiates agreements with the EU’s existing partners such as Canada, Japan or South Korea, or signs deals with new partners such as the US or India, the question…

Brexit and the European cumulation of origin: The case of the textile industry

When the UK exits the EU, it will forfeit access to the Pan-Euro-Med (PEM) cumulation zone. In this article, the author examines the potential implications of Brexit on cumulation of origin, particularly with regard to the UK textiles industry, and outlines related aspects that the UK must weigh up when defining its future relationship both…

The Preferential Origin Regime and Global Value Chains

Access to preferential import tariffs under a free trade agreement (FTA) is governed by clearly defined rules of origin designed to prevent non-members from enjoying the benefits. However, a company’s ability to trade under preference even when it meets these rules, is subject to a number of other conditions and requirements. In particular, the documentary…

Preferential Origin Regimes Must Reflect the Complexity of Global Value Chains

Can Free Trade Agreements keep up with the increasingly complex and changing global value chains? Can the preferential origin regime restrict firms’ ability to trade under preference? A shorter version of the paper prepared for the RTA Exchange Policy Dialogue “Towards Inclusive Rules of Origin”, 21–22 November 2016, Geneva, Switzerland. Published by the E15 Initiative (HERE)…

Japan’ s FTAs as Tools for Achieving Companies’ Commercial Interests: Do Japanese Corporations Need a Region-Wide Trade Liberalization Treaty?

This study focuses on the use of FTAs by Japanese corporations – FTAs’ main clients – to date. It asks the following questions: What strategic commercial objectives do different types of existing FTAs (bilateral, semi-regional) fulfil for Japanese corporations, mainly in the electronics and machinery sectors, and how successful are they in performing this role? What additional value-added benefits could…

Revised Investor-to-State Dispute Settlement Mechanism: New and Improved?

Review of the key criticism of the investor-to-state dispute settlement mechanism (ISDS) in the context of new FTA negotiations taking place, the recent changes to the ISDS mechanism and the future of ISDS in FTAs. Please click HERE to view the text on RTA Exchange website. Introduction The investor-to-state dispute settlement mechanism (ISDS) is a provision of international law that…

Boosting Access to Finance: Ensuring Free Trade Agreements (FTAs) Recognise Cooperatives’ Vital Development Role

Free trade agreements should make special provisions for cooperative financial institutions in recognition of the distinctive benefits they can provide for emerging economies, especially within the underfinanced agricultural and small business sectors. ​Publication co-authored by Anna, Nigel Vooght, PwC Financial Services Global Leader, and Andrew Jurczynski, PwC Project Blue Global Leader. Published by PwC. Please click HERE to view the…

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