Regulations & Compliance

Customs Compliance: Everything Your Business Must Master to Secure Its Flows

Customeo
January 5, 2026

CBAM entered into force in January 2026, ICS2 Release 3 deployed, enhanced customs controls in France: the obligations weighing on international trade operators are multiplying. For freight forwarders, carriers, and industrialists, customs compliance determines the fluidity of flows, cost control, and credibility with business partners. This article details the pillars to master, the risks to anticipate, and the levers for structuring your compliance durably.

What Is Customs Compliance?

Customs compliance refers to adherence to all laws, regulations, and procedures governing the movement of goods internationally. It covers national obligations (French Customs Code), European obligations (Union Customs Code, or UCC), and international obligations (World Customs Organization conventions).

Being compliant means that every clearance operation rests on three inseparable dimensions. Tariff compliance ensures that goods are correctly classified according to the Harmonized System (HS). Documentary compliance ensures that the supporting documents accompanying each shipment are accurate and complete. Regulatory compliance verifies that standards applicable to the product (CE standards, health regulations, prohibitions) are respected.

Every operator engaged in import-export operations must have an EORI (Economic Operators Registration and Identification) number, a prerequisite for making customs declarations within the European Union.

Who Is Subject to Customs Obligations?

Obligations are not limited to customs declarants alone. They concern the entire chain: freight forwarders, customs agents, carriers, importers, exporters, and industrialists with international operations.

Responsibility is shared between the declarant and the principal. In the event of an error in a declaration, liability can trace back to the importing company, even if it has delegated the formalities to a registered customs representative (RDE). The customs agent has an advisory duty, but the principal remains obligated to provide accurate information about its goods.

The Pillars of Mastered Customs Compliance

Four pillars structure the compliance of a customs clearance operation. Each has a direct impact on the duties and taxes payable, on the fluidity of the customs process, and on the level of risk to which the company is exposed.

Tariff Classification of Goods

Every product crossing a border is assigned a customs code from the Harmonized System (HS), a nomenclature used by more than 200 countries. At the European level, this classification is refined by the combined nomenclature and TARIC codes, which determine the applicable customs duties, any anti-dumping measures, and trade restrictions.

A classification error has immediate financial consequences. Reassessments related to tariff classification errors average 8,400 euros (duties and penalties combined), and penalties can reach up to 150% of evaded duties. To secure this step, operators can request a Binding Tariff Information (BTI) ruling from customs, which guarantees the classification of a product for three years.

Determining the Origin of Goods

The origin of a product determines the applicable customs duty rate and potential access to tariff preferences. Non-preferential origin determines the applicable trade policy measures. Preferential origin allows for reduced or zero duties under free trade agreements.

The European Union has concluded numerous agreements (with Canada, Japan, the United Kingdom, South Korea, among others) that offer significant tariff advantages, provided the origin of the goods can be justified. Binding Origin Information (BOI) secures the determination of origin for three years.

Customs Value

Customs value forms the basis for calculating duties and taxes. The primary method is based on the transaction value, meaning the price actually paid or payable for the goods. Several elements must be included or excluded depending on the case: transport costs to the point of entry into the EU, insurance, commissions, royalties, and license fees.

Customs value is closely linked to the Incoterms used in the commercial contract. An EXW Incoterm does not incorporate the same elements as a CIF Incoterm, which directly changes the taxable base. Declaring an incorrect value, even by error, exposes the business to a reassessment and penalties.

Documentation and Traceability

Each customs operation relies on a set of documents that must be accurate, mutually consistent, and available in the event of an inspection: commercial invoice, packing list, certificates of origin, import or export licenses, certificates of compliance with standards.

Regulations require that these documents be retained for a minimum of three years from the date of the declaration (five years recommended for high-stakes operations). All records must be traceable and accessible, particularly in the event of a post-clearance inspection by customs services.

What Are the Risks of Customs Non-Compliance?

On the financial side, fines range from 300 to 3,000 euros for simple violations. In the event of proven fraud or serious negligence, penalties can reach one to two times the value of the goods, or even 150% of evaded duties.

On the operational side, non-compliance leads to goods being held at customs, cascading delivery delays, and, in extreme cases, the permanent seizure of products.

In 2024, French customs seized 22 million counterfeit items and collected more than 40 billion euros through its inspection and duty collection activities.

Repeated failures can also lead to the loss of Authorized Economic Operator (AEO) status and placement under enhanced surveillance, which burdens clearance procedures for all future operations.

How to Implement a Customs Compliance Program?

Conduct an Audit of Current Practices

The first step is to map the company's import-export flows, identify risk areas, and review existing procedures. Priority control points cover the reliability of tariff classifications, the consistency of declared origins, the accuracy of customs values, and the completeness of documentation.

Companies that self-correct an error before an inspection benefit from far more favorable regularization conditions than those that face a reassessment.

Train and Empower Teams

Customs compliance does not rest on a single person. Supply chain, purchasing, logistics, and even commercial teams must understand the customs implications of their decisions. A buyer who negotiates an Incoterm impacts the customs value. A logistician who chooses a transit route influences the applicable formalities.

Recent developments (CBAM, ICS2, EUDR) show that the customs framework is changing rapidly. Appointing an in-house customs reference person responsible for tracking these developments and disseminating them internally is a best practice adopted by the most mature organizations.

Digitalize and Automate Declarations

Excel spreadsheets sent by email and double data entry are still the norm in many companies. These methods generate errors, lengthen timelines, and make traceability difficult. It is to address this problem that platforms like Customeo centralize product data, automate consistency checks, and provide real-time visibility on the status of each clearance operation. The platform notably relies on a continuously enriched product database, where each product is associated with its customs code, which makes tariff classification more reliable across operations.

This centralization reduces the risk of human error and facilitates the updating of regulatory data. It also enables the creation of a structured document base, usable in the event of an audit or post-clearance inspection.

AEO Status: A Lever for Trust and Fluidity

Authorized Economic Operator status is a certification granted by customs authorities that recognizes the reliability and compliance of a company. Three levels exist: the "customs simplifications" certificate (AEOC), the "security and safety" certificate (AEOS), and the full certificate combining both.

According to the European Commission, AEO-certified companies see a 30 to 50% reduction in clearance times and benefit from less frequent physical inspections. The status also opens access to centralized clearance and relief from guarantee requirements. Mutual recognition with third countries (United States, Japan, China, Switzerland) enhances the fluidity of trade beyond European borders.

Obtaining the status requires demonstrated customs and tax compliance over the past three years, satisfactory financial solvency, and an effective record management system. The application is made via the SOPRANO platform, with a processing time of 6 to 12 months.

Regulatory Developments to Monitor

The CBAM (Carbon Border Adjustment Mechanism) entered its definitive phase in January 2026. Importers of covered products (cement, iron, steel, aluminum, fertilizers, hydrogen, electricity — 567 customs codes) must now hold the status of "authorized CBAM declarant" and purchase certificates corresponding to the imported carbon emissions.

ICS2 Release 3 is the exclusive pre-arrival safety declaration system since February 2026, following the decommissioning of version 2. All transport modes are covered, and each operator must submit a complete Entry Summary Declaration (ENS) before goods arrive in the EU.

The EUDR (deforestation) regulation imposes enhanced supply chain traceability for certain raw materials (timber, rubber, palm oil, soy, cocoa, coffee, livestock), with due diligence obligations that add to standard customs formalities.

Customs compliance rests on stable fundamentals: classify correctly, determine the right origin, declare the accurate value, and maintain irreproachable documentation. What is changing is the speed at which the rules evolve and the level of demands from authorities. Companies that structure their compliance proactively, relying on regular audits, trained teams, and adapted digital tools, transform a regulatory constraint into an operational advantage.

FAQs

What is customs compliance?

Customs compliance refers to adherence to all laws and regulations governing import-export operations. It covers the tariff classification of goods, determination of their origin, declaration of customs value and compliance with applicable standards and restrictions on products.

What penalties does a company face for customs non-compliance?

Penalties range from €300 to €3,000 for simple offences and can reach one to two times the value of the goods in cases of fraud. Customs authorities can also block or seize goods, apply reassessed duties with late interest, and withdraw AEO status.

How do you obtain AEO status?

The application is made online via the SOPRANO platform. The company must demonstrate customs and tax compliance over the past three years, financial solvency and the effectiveness of its record management system. Processing time is 6 to 12 months.

What documents should be kept for customs and for how long?

Documents related to customs operations (commercial invoices, packing lists, certificates of origin, licences, declarations) must be kept for a minimum of three years. Five years is recommended, as customs authorities may carry out retrospective checks.

Is customs compliance mandatory for all companies that import or export?

Yes. Any company conducting import-export operations within the European Union is subject to customs obligations, whether it files its own declarations or mandates a customs representative. Non-compliance exposes the company to financial penalties, goods blockage and criminal prosecution.

“We partnered with In Public right after our Series A, and they helped us scale with the speed and precision we desperately needed. Their operational insight and creative firepower brought structure to our chaos. Couldn't imagine going through our Series B without them.”
Contactez-nous