Trade & Export

Declarants have until Tuesday 4 June 2024 to move to the new Customs Declaration Service (CDS) for registering imports and exports in the UK. After this, HMRC will remove the Customs Handling of Import and Export Freight (CHIEF) system badge permissions. This means you will not be able to submit a new export declaration through CHIEF. 

You can watch a video on using Customs Declarations Guidance here.

UK Export Finance (UKEF) is the UK government’s export credit agency.

They support UK exporters, international project sponsors and buyers of UK goods and services; in the year 2022-23, they provided £6.5 billion in new, direct support for UK exports by working alongside over 100 banks and lenders to provide flexible, innovative, and competitive financing solutions.

UKEF can support companies large and small across a range of sectors with their exports, from capital goods to services and intangibles such as intellectual property.

Last year, 84% of the companies we directly supported with a UKEF product were SMES. To find out more on how UK Export Finance can support you, visit: www.ukexportfinance.gov.uk.

The UK Export Academy (UKEA) provides a free training programme for businesses at the beginning of their journey, or for those interested in starting a business. This video explains the UKEA and the extensive resources offered.   

The UK Export Academy offers introductory sessions called ‘the Essentials’ and ‘Welcome Sessions’ that strategically cover key points for businesses, as well as detailed masterclass webinars. 

Sign up for the UK Export Academy here. 

The British Library’s Business and IP Centre (BIPC) offers resources and programmes to support small business owners, entrepreneurs, and others at the beginning of their business journey. The BIPC’s range of free resources, both virtual and in-person, is there to help start or develop a business. 

• One-to-one expert advice, talks and masterclasses that cover useful information for beginning a business. 
• The Get Ready for Business Growth scale up programme, funded by the Arts Council. Open for applications from creative businesses with £80k+ turnover. 
• A national network of BIPCs across the UK that can help with business support and guidance. Find your local BIPC here. 
• The two-day ‘Kick Start Your Business’ programme, open to all UK business owners across London. The free programme is in partnership with J.P Morgan, and designed to help aspiring business owners and entrepreneurs. 
• Access to the British Library’s BIPC reading room, where you can find collections of business and intellectual property information, as well as the latest industry reports and market insights for free. 

You must make customs declarations for goods coming to the UK. You don’t have to deal with customs on your own. If your business doesn’t have the right resources to make customs declarations, you can hire someone to deal with this for you. Your options are:

• Make declarations yourself.
• You’ll need to find the right commodity code for any goods you import, using the Trade Tariff tool. This will ensure you pay the right import VAT.
• Get a specialist to make declarations for you. You can view a list of customs agents and fast parcel operators who can help with submitting customs declarations.
• The British International Freight Association (BIFA) also has a search function to help find the appropriate customs agent.
• Find a list of customs training providers which will help you submit customs declarations.
• Find a list of software developers to get help with Customs Declaration Service and Customs Handling of Import and Export Freight (CHIEF) declarations.
• Find out more about the Chamber Customs service, a customs brokerage service for traders. This offering includes making customs declarations for companies, providing specialist customs advisory services and training courses.
• If you import goods regularly, you can apply for a duty deferment account to delay paying most customs or tax charges.

Follow this useful step-by-step guide on how to import: Import goods into the UK: step by step guide on GOV.UK

The UK Government has also introduced its Advance Valuation Ruling Service which importers can use to get legal certainty on their valuation method for imported goods for a period of three years. An Advance Valuation Ruling is not mandatory and you can still import goods into the UK without one, however having one can help make sure you pay the correct duty on the goods you import. You can apply for an Advance Valuation Ruling here.

If you import goods from outside the UK and want to store the goods to delay duty payments, you can do this in a customs warehouse. Find out more about operating a customs warehouse here.

• All cosmetic products available to consumers must have a ‘Responsible Person’ who makes sure safety measures are followed and legal obligations are met.
• Decide how you will account for import VAT and pay customs duty.
• Register for a free EORI number (GB Economic Operator Registration and Identification number). You may need a separate one if you move goods to or from Northern Ireland.
• Obtain the necessary licenses for the imported goods.
• Ensure the goods are correctly labelled/ marked.
• At the port, make the necessary declarations. If you are handling customs declarations yourself, you will need to arrange inspections for animal/plant-based products.

• Claim a VAT refund.
• Claim a refund if you think you paid the wrong amount of duty or have rejected the imported goods.

Borders (Importing and Exporting)

You can get in touch with HMRC by phone, webchat or contact form for any import and export queries you may have. The phone lines and webchat services are open Monday–Friday, 8am–6pm, and closed Bank holidays and weekends.

UK businesses can contact the Export Support Service by using the new online service or by phoning the helpline to speak to their dedicated export support team.

• Customs declarations, simplified customs procedures, duties and tariffs: 0300 322 9434
• Trader import and export licences and certificates of free sale: 03300 416500
• Importing and exporting of waste: 03708 506 506
• Vehicles enquiries: 0300 790 6802
• Driving licences and International driving permits: 0300 790 6802
• Operator licence and permits: 0300 790 6801
• Certificate of Professional Competence (CPC): 0300 790 6801

Economy

• Business support helpline (England): 0800 998 1098
• Find Business Support Scotland helpline: 0300 303 0660
• Business Wales helpline: 0300 060 3000
• Invest Northern Ireland helpline: 0800 181 4422
• Regulation of manufactured goods: 0121 345 1201
• CE/UKCA marking: 0121 345 1201
• Regulation of medicines and medical devices: 020 3080 6000
• Supply of medicinal products: 0800 915 9964

Energy

• EU Emissions Trading System, Allowances and Carbon Emissions, UK Energy Markets, Single Electricity Market, Civil Nuclear and Electricity Suppliers and Systems: 020 7215 5000

Data and Intellectual Property

• Intellectual Property Office: 0300 300 2000
• Information Commissioner’s Office: 0303 123 1113
• Consumer Rights: 0808 223 1133
• Consumer Rights (Welsh language option): 08082231144

 Other

• Department for Education helpline: 0370 000 2288
• Home Office helpline: 0300 790 6268
• Department for International Trade Brexit Enquiry Service: 0300 123 7379

Access the Department for International Trade’s Internationalisation Fund for eligible businesses in England. The fund can be used to support areas such as market research, intellectual property advice, translation services and other international commercial service.

UK Export Finance is the UK’s export credit agency where businesses can get finance and insurance from the UK government. In the last five years they have provided £14 billion of support for exports and international trade.

Scottish Enterprise fund a free international market research service to help businesses in Scotland get vital insight on global market trends, customer behaviour and competitor activity.

• Find out more about how to meet customs requirements fast and efficiently now that the UK has left the EU through customs declaration training offered through your local Chamber of Commerce.
• Find out more about customs declaration completion requirements when using the CHIEF and Customs Declaration Service (CDS) trade tariffs to import and export goods to and from Great Britain after the transition period.
• Goods imported into the EU must adhere to  EU Deforestation Regulation (EUDR), there is more information about this in the ‘Exporting Goods’ section, and here. 

The Windsor Framework is an arrangement between the UK and the EU which is designed to remove any sense of border in the Irish sea – fundamentally overturning aspects of the Northern Ireland Protocol.

In May 2023, the Cosmetic Products Enforcement Regulation was amended to include reference to the new trade agreement.

The Prime Minister’s Office breaks down the Windsor Framework into three points. The legislation:

• Fundamentally rewrites the Treaty with a new ‘Stormont Brake’ which means the UK can veto new EU goods laws if they are not supported by both communities in Northern Ireland
• Creates a new green lane which removes any sense of a border in the Irish Sea
• Means Northern Ireland can benefit from the same VAT, food and drink and medicines as the rest of the UK

You can find out more about the Windsor Frame work here. 

From 1 January 2022 the rules changed for any businesses moving goods between Great Britain and Europe. These rules apply to all European trade, whether you buy or sell goods once a year or every day, and no matter what type, volume or value:

Read the UK Transition Trader Checklist

There were also changes to international trademark registrations from 1 January 2022 to be aware of:

Read the Changes to international trade mark registrations

The best place for businesses to get support and information post-Brexit

The devolved administrations have also published guidance for Scotland, Wales and Northern Ireland

We also recommend the Brexit Checker tool, which gives businesses personalised results about the actions they need to take.

The Border Operating Model is a useful guide to how the border with the EU works.

Sign up to receive the latest Government news on Brexit.

It’s vital for businesses to ensure they are up to date with changing rules and regulations surrounding their business operations. Scottish Enterprise produces a comprehensive list of key dates for companies to note in 2022.

For cosmetics, Spain requires an additional national registration after the European notification has been completed. This is because cosmetics imports in Spain are subject to pharmaceutical inspection and must comply with the specific legislation.

Below are the extra requirements: 

• Company must have a Responsible Declaration (replaces the import license). In order to import cosmetics, perfumes and personal care products to Spain, it is necessary to submit to AEMPS -Spanish Medicines and Health Products Agency- a request for a Responsible Declaration in which the company’s data is reflected, as well as the warehouses used for the import and the technician who is responsible for the whole process. The Responsible Declaration replaces (in the case of cosmetics, perfumes and personal care products) the health import licence.
• Once the Responsible Declaration has been submitted, and before importing, it is necessary to register the product in the European Notification Portal –CPNP-.
• The exporter must also provide before shipment: a COAS (certificate of analysis) and a GMP (certificate of good manufacturing practices).

Otherwise, the EU cosmetic regulations will all continue to apply.

As of 29 June 2023, the EU Timber Regulation calls for businesses to conduct due diligence and provide evidence that ‘forest risk’ commodities imported into, exported from, and made available on, the EU market are legal and deforestation-free.  The legislation expands on the EU Timber Regulation and increases the scope of regulation to seven commodities: wood, soy, cocoa, coffee, cattle derived products (including leather), rubber and palm oil, and listed derived products.  

Brands must demonstrate no deforestation or forest degradation from a cut-off date of 31 December 2020; and provision of geolocation data for where the commodity was produced to be included in the due diligence statement. 

Find out more here. 

Ensure your staff are able to continue to practise and provide services to clients in the UK by ensuring their professional qualification(s) are recognised by their professional body in the UK:

Get your EU professional qualification recognised in the UK

Selling services to the EU, Switzerland, Norway, Iceland and Liechtenstein

Points-based immigration system

Free movement has ended and the UK works with a new points-based immigration system. If you want to hire anyone from outside the UK, you must be a Home Office licenced sponsor. This includes recruiting people from the EU.

Anyone coming to the UK to work will need a job offer from a licenced sponsor in advance, and will need to meet certain skills and salary criteria. Find out more about the UK Government’s points-based immigration system here.

ETA Scheme

The Home Office is also introducing an Electronic Travel Authorisation for non-visa nationals (NVN) for EU visitors who stay for 6 months for tourism, visiting family and friends, business or study, come to the UK for up to 3 months on the Creative Worker visa concession, or transit through the UK. This will be rolled out throughout 2024.

Once people have signed up for the scheme, their ETA will last for 2 years and can use it to make multiple visits to the UK.

ETAs will be mandatory for people who do not currently require a visa or hold any UK immigration status who want to enter the UK for visits of up to six months. This will eventually include all non-visa nationalities, including the United States, Canada, Australia, and the EU.

Living and working in the EU, EEA EFTA, Switzerland and Ireland depends on the rules in that country.

You may need to take action such as:

• register or apply for residency
• check that you are covered for healthcare
• exchange your UK driving licence for a licence issued by the EU country where you live.

The Government has prepared living in country guides for UK nationals living abroad, including residency, health and benefits, and specific advice for people following the UK’s departure from the EU.

There have been challenges for professionals within the hair and beauty sector who need to travel for the purposes of work and the products and kit that they must declare in order to do so.

We highlighted these issues to the Department for Business and Department for International Trade in an attempt to find solutions and will publish their advice shortly.

If you receive personal data from the EU for business use, you should check the current guidance on using personal data in your business or organisation. Find out more at Using personal data in your business or other organisation

China’s e-commerce market has grown significantly. The rapid expansion of cross-border e-commerce in the Chinese market is creating opportunities for small and medium-sized businesses to participate.

According to Zmuni, the nine biggest e-commerce platforms in China are: Tmall, JD, Pingduoduo, Xiaohongshu, Taobao, Kaola, VIP, Douyu, and Mogu Jie.

Labelling requirements for products exporting to China:

General cosmetics

• Product’s Chinese name
• Name and address of the filing person entity
• Name and address of the responsible person entity in China
• Manufacturer’s name and address
• Product implementation standard number
• Ingredients
• Net content
• Use period/expiry date
• Usage instructions
• Safety warnings
• Other content as required by relevant laws, administrative regulations, and national standards

Special cosmetics

• Product’s Chinese name
• Special cosmetics registration certificate number
• Name and address of the registrant person entity
• Name and address of the responsible person entity in China
• Manufacturer’s name and address
• Product implementation standard number
• Ingredients
• Net content
• Use period/expiry date
• Usage instructions
• Safety warnings
• Other content as required by relevant laws, administrative regulations, and national standards

Trade barriers, such as tariffs or taxes, can raise costs, cause delays, or even stop you from exporting. Check for any issues that may impact your business when exporting to China.

Free movement has ended and the UK is introducing a new points-based immigration system.

If you want to hire anyone from outside the UK, you must be a Home Office licenced sponsor. This includes recruiting people from China.

Anyone coming to the UK to work will need a job offer from a licenced sponsor in advance, and will need to meet certain skills and salary criteria.

Find out more: The UK’s points-based immigration system: an introduction for employers (accessible version)

Living and working abroad depends on the rules in that country. You may need to:

▪ register or apply for residency;

▪ check that you are covered for healthcare;

▪ exchange your UK driving licence for a licence issued by the country where you will live.

Find out more: Living in China guidance

Data security laws in China have changed in recent years, impacting how data can be collected, used, stored and protected. Review these changes to ensure you are remaining compliant.

The Department for International Trade (DIT) offers a personalised service with information and guidance on how to access the China beauty market.

Email Doris Zhou from the DIT China Team (Shanghai).

Your local international trade adviser can also offer free export-related advice to help your business trade internationally. Get in touch with your local international trade adviser.

• Seven targeted sessions from the Department for International Trade on the regulations, landscape and ecommerce of China’s cosmetics market 
• An SME’s guide to exporting to China from the Department for International Trade
• Doing Business in China from the Department for International Trade covering beauty trends in China and regulations
• Useful advice for brands looking to trade in China from the British Beauty Council and Azoya Group

• There is lots of useful insight on trading and trends in China via the regular Azoya Group blog.
• Zmuni, the Chinese Cosmetic Regulation Compliance Centre, also produce a useful blog.

Trade barriers, such as tariffs or taxes, can raise costs, cause delays, or even stop you from exporting. Check for any issues that may impact your business when exporting to the US.

You can also report any trade barriers that are affecting your business to the Department for International Trade.

You must check your goods meets all legal requirements in the US and you have all the required licences before trading in the market.

In December 2022, President Biden passed the Modernisation of Cosmetics Regulation Act (MoCRA).

The FDA’s website is a good place to start when it comes to anticipating any new changes. And, BeautyMatter offers a series of useful resources and articles on this topic, including a helpful webinar.

The National Institute of Standards and Technology also has more information on legal standards.

Keeping up with different market requirements can be a regulatory headache when selling cosmetic products worldwide.

Companies often struggle with labelling, which is an important part of a cosmetic product’s packaging, both from a regulatory and marketing standpoint.

The ingredient list is one of the most informative parts of the label. It describes the product’s composition, so it is important to write it correctly.

Cosmetics sold in the US must comply with the Federal Food, Drug and Cosmetic Act (FD&C Act) and the Fair Packaging and Labeling Act (FPLA). Both acts should be considered when creating the ingredient list.

To have a compliant ingredient list, you must ensure your product formula is compliant. This means thoroughly check that your formula does not include any prohibited ingredients, and if it includes a restricted ingredient, it complies with the restrictions.

There are specific labelling requirements for food, drugs, cosmetics and medical equipment in the US which are enforced by the FDA.

You may also want to check local labelling regulations with the relevant state business bureau.

You’ll need a license to export certain goods and services to the US because the import of some items is restricted or prohibited.

Check with the UK’s Export Control Joint Unit (ECJU) to find out whether you need an export license.

Check the US Customs & Border Protection’s (CBP) list of prohibited and restricted items.

Important details to note:

• When the U.S. Food and Drug Administration (FDA) define ‘Responsible Person’, it is different from EU regulations. A US ‘Responsible Person’ does not need to be based in the US, they are the organisation responsible for reporting serious adverse events. The ‘Responsible Person’ is the brand. Often brands have misconceptions about this.
• For product listing, even if manufactured outside of the US, the facility still needs to be registered with the FDA.
• Brands must have a US agent who can be a conduit of information for the FDA, and this person must have a US number and address. 
• Small businesses are exempt from some policies, but not all. They still must complete adverse event tracking, safety substantiations and labelling requirements. 

Updates 

There is a delay in some changes related to MoCRA coming into effect, however others will be introduced at the end of December 2023. 

MoCRA requirements relate to :

• Product listing and cosmetics facility registration (pushed to July 2024) 
• Adverse event tracking
• Safety substantiation 
• Labelling regulations

More guidance can be found: 

• https://www.fda.gov/cosmetics/cosmetics-laws-regulations/modernization-cosmetics-regulation-act-2022-mocra

Intellectual property (IP) rights are territorial and rights granted in the UK do not provide protection elsewhere. You should consider getting IP protection abroad if you want to trade overseas or sell to overseas customers via the internet.

The Intellectual Property Office provides practical information to help you protect, manage and enforce your IP abroad. Further support for British businesses can be found through a network of IP attachés, based in key UK export markets.

Get in touch with a local Department for International Trade advisor: Find your local trade office.

https://www.gov.uk/government/news/trade-update-uk-gulf-cooperation-council-fta–2

https://www.great.gov.uk/markets/united-arab-emirates/

https://theredtree.co.uk/articles/an-introduction-to-regulation-in-the-middle-east/

https://www.check-international-trade-barriers.service.gov.uk/active/

https://u.ae/en/information-and-services/finance-and-investment/clearing-the-customs-and-paying-customs-duty/restricted-items-in-the-uae

https://www.gso.org.sa/en/

https://find-a-professional-service-abroad.service.csd.fcdo.gov.uk/find/lawyers

https://www.gov.uk/foreign-travel-advice/saudi-arabia/entry-requirements

https://www.gov.uk/foreign-travel-advice

https://www.morganlewis.com/blogs/sourcingatmorganlewis/2023/05/6-things-to-know-about-intellectual-property-protection-in-the-middle-east 

https://www.gov.uk/government/publications/uk-overseas-intellectual-property-attache-network/attache-contact-details#gulf-cooperation-council-gcc

Countries within the Middle East and GCC differ regarding what is necessary for exporting goods. 

For the UAE, it is necessary to pay 5% VAT and import duties, as well as provide customs documents such as invoices, a certificate of origin, and bills of lading or airway bill. 

Other GCC countries vary, but it is always necessary to gain pre-market approval and product registration prior to any cosmetics being imported, distributed or sold. 

Further requirements may involve: 

• Proof of GMP compliant manufacturing processes
• Full ingredient lists 
• Product safety data
• Certificates of Free Sale for each country. 

More information on differing policies in the GCC can be found here.

Trade barriers, such as tariffs or taxes, can raise costs, cause delays, or even stop you from exporting. Check for any issues that may impact your business when trading with countries within the Middle East/GCC. Live updates can be found on the UK government website. 

Additional regulations can occur. In GCC countries these may include: 

• Additional testing on products for heavy metals 
• Samples of products to be sent for laboratory testing 
• Halaal certification is not required for product registrations but may be helpful given a significant Muslim population in the countries 
• Different countries within the GCC also ban and restrict various goods. More information here.

The Gulf Standardization Organization (GSO) provides a framework for packaging and labelling products. 

The labels must also be translated into Arabic, or local language, which can often be done through a local partner.

IP legislation is relatively new in some GCC countries.  Some, like the UAE, follow international IP regulations, however others have individual programmes. For example, Saudi Arabia, Qatar and Kuwait are not in the Madrid Protocol, meaning it is necessary to go through their national applications. 

Tailored Government advice to UK stakeholders regarding intellectual property in the GCC can be found here. 

Get in touch with a local Department for International Trade advisor: Find your local trade office.

Exporting guide to United Arab Emirates – Great.gov.uk

An Introduction to Regulation in the Middle East – The Red Tree

Banned and restricted goods – The United Arab Emirates’ Government portal

GCC Standardisation Organisation

Find a lawyer abroad – Foreign, Commonwealth & Development Office (FCDO)

6 Things to Know About Intellectual Property Protection in the Middle East – Morgan Lewis

Open account transactions are not allowed in India. Terms of payment must be secured through a letter of credit or documentary collection through your bank. Otherwise, it is possible to do payment or partial payment in advance. 

It is advised that your contract should always clearly state the terms and outline for delivery and payment of goods and services. Indian law does not regulate late payments, and going through the courts for settlement action can be expensive and time consuming. 

Any concerns or enquiries about being paid for your export can be followed up with UK Export Finance. 

Before being exported to India, certain imported products must meet Indian quality standards and must be certified by the Bureau of Indian Standards (BIS) .

Product labels can be in either English or Hindi. All imported goods, alongside transport documents, must display standard units of measurement and weight. These measures are necessary for the consignment to be accepted by customs in India. 

You can check for current trade barriers in India through the UK government website here.

If you encounter issues with trade in India, please report this through the UK government’s portal.

Current recognised sectors of opportunity for exporting in India are Technology, Fintech, and Automotive. Artificial Intelligence is also considered to be particularly flourishing as a market in India, predicted to be worth $17 billion by 2027. 

Intellectual property (IP) rights are territorial and rights granted in the UK do not provide protection elsewhere. If considering trade in India, it is necessary to know how to manage your IP as private property rights. 

British businesses looking for access to IP advice and support should contact the government’s India attaché, based in the British High Commission in New Delhi.

If you need guidance on how to navigate trade in India, get in touch with one of the Department of Business and Trade’s regional ‘Trade Advisors.’

The Institute of Export and International Trade hosted a webinar on Making the most of UK India trade opportunities.  The recorded webinar covers: 

• Possible benefits a UK-India trade deal could secure for businesses
• How rules of origin and preferential tariffs usually work in free trade agreements
• General challenges for trade between the UK and India
• Skills and expertise needed to trade successfully between the UK and India

Gov.uk – https://www.gov.uk/world/organisations/department-for-business-and-trade-india

UK India Business Council – https://www.ukibc.com/india-guide/how-india/exporting-to-india/