Citation and Commencement1
These Regulations may be cited as the Customs Traders (Accounts and Records) Regulations 1995 and shall come into force on 1st June 1995.
Interpretation2
1
In these Regulations—
“the Act” means the Finance Act 1994;
F2“the export regulations” means the Customs (Export) (EU Exit) Regulations 2019;
“the import duty regulations” means the Customs (Import Duty) (EU Exit) Regulations 2018;
“the special procedures regulations” means the Customs (Special Procedures and Outward Processing) (EU Exit) Regulations 2018
F1...
“customs trader” means any person carrying on a trade or business which consists of or includes any of the activities mentioned in section 20(1) of the Act.
F3outward processing declaration” means a declaration of goods for “an outward processing procedure” within the meaning given in section 36(2) of the Taxation (Cross-border Trade) Act 2018.
2
Schedule 1 shall be interpreted in accordance with the notes contained therein.
Customs trader’s records to be kept and preserved3
A customs trader who receives, prepares, maintains or issues a record consisting of an item described in Schedule 1 relating to a business within the meaning of section 20(3)(b) of the Act shall—
a
in the case of a received record, keep and preserve it;
b
in the case of an issued record, keep and preserve a copy of it; and
c
in the case of a record that is prepared or maintained and which has not been received or which is not issued, preserve it.
Specific records in the case of certain traders4
F5A1
Subject to paragraph (2), a customs trader who imports goods in relation to which regulation 29C(2) of the import duty regulations imposes a requirement to ensure a transitional supplementary Customs declaration is made must keep and preserve a copy of every such transitional supplementary Customs declaration made by him or on his behalf and a copy of every transitional simplified Customs declaration so made.
F41
Subject to paragraph (2), a customs trader required by regulation 32(1)(b) of the import duty regulations to make a supplementary Customs declaration must keep and preserve a copy of every such supplementary Customs declaration made by him or on his behalf and a copy of every simplified Customs declaration so made.
F121A
Subject to paragraph (2), a customs trader required to make a supplementary export declaration—
a
by regulation 33(1)(b) of the export duty regulations; or
b
by virtue of regulation 13A of the special procedures regulations,
must keep and preserve a copy of every such supplementary export declaration made by him or on his behalf and a copy of every simplified export declaration so made.
2
3
For the purposes of paragraph (2) above, in cases where the declarations are made F8in an electronic form or submitted, or otherwise made available to HMRC, electronically, the information shall consist of all data sent by him or on his behalf for that purpose.
4
In this regulation—
F9...
F10...
F11“simplified Customs declaration” has the meaning given by regulation 14 of the import duty regulations;
“simplified export declaration” has the meaning given by regulation 33(3) of the export regulations, including as that provision is applied to an outward processing declaration by regulation 13A of the special procedures regulations.
F14“transitional simplified Customs declaration” has the meaning given by regulation 14 of the import duty regulations.
Records specified in public notices5
A customs trader shall keep and preserve such other records as the Commissioners may specify for any case or cases in a notice published by them in pursuance of these Regulations and not withdrawn by a further notice.
Records relating to customs declarations6
1
Where any record (including a copy of a record) is kept or preserved by a customs trader under a duty imposed by or under these Regulations and that record relates to a customs declaration made by him or on his behalf, it shall be so kept or preserved as to be readily apparent that it does relate to that particular declaration.
F152
In this regulation “customs declaration” means—
a
a declaration of goods for a Customs procedure for the purposes of section 3(1) of the Taxation (Cross-border Trade) Act 2018;
b
an outward processing declaration; or
c
an export declaration within the meaning given in regulation 2 of the export duty regulations.
Form of records7
1
Except for the records specified in paragraph (2) below and without prejudice to the provisions of section 21(4) and (5) of the Act, records (including copies of records) required to be kept or preserved by or under these Regulations may be kept or preserved in any form, and in particular they may be in documentary or other written form, or be in the form of anything that is commonly called or referred to as an account or a report; and the information which they contain or are to contain may be contained in or be in the form of an item described in Schedule 2.
2
The excepted records referred to are—
a
records required to be kept and preserved by regulation 3(a) and (c) above; and
b
such records as may be required to be kept and preserved under regulation 5 above which are—
i
received by a customs trader; or
ii
prepared or maintained by him which he has neither received nor issued.
Time of recording8
Where a customs trader is required by or under these Regulations to keep a record, he shall do so at the time when any information that is by virtue of these Regulations to be recorded is first known to him or as soon as possible thereafter.
Period of preservation of records9
Any record (including a copy of a record) required by or under these Regulations to be preserved shall be preserved for a period of four years or such lesser period as the Commissioners may require, starting on the day that the obligation to preserve arises.