I want to receive > VAT and Customs Clearance modifications

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1. Why do I have to pay VAT if I ordered a product with a very small value of 1-2 USD?
A: The European Union has implemented new VAT rules for online commerce, so that, as of July 1,  2021, all goods imported from outside the European Union are subject to VAT. Exceptions are non-commercial goods shipped from one individual to another, with a value of up to EUR 45.

 
2. Do I have to submit a customs declaration for any goods ordered outside the European Union?
A: Yes. All small-value postal items entering the customs territory of the EU, including the ones without commercial value, must be subject to a low-data electronic customs declaration (DVSRD), except for goods subject to excise duty or restrictionsl; the use of postal form CN22 / CN23 as a customs declaration is no longer possible after July 1st.
Goods subject to excise duties or restrictions, as well as the ones with a value higher than EUR 1000 require the submission of an electronic customs declaration with complete data set (H1) in the RCDPS customs information system.
 
Also, new security and safety requirements have been introduced at European Union level. Thus, starting with October 1, 2021, all postal items arriving by air will be subject to a risk customs analysis, based on entry summary declarations (ENS), submitted by postal operators in the countries of destination.

 
3. What do goods without commercial value mean?
A: According to the customs regulations in force, packages that cumulatively meet the following conditions are not of a commercial nature:
- have an occasional character;
- contain goods intended exclusively for the personal use of the recipient and his family;
- contain goods which, by their nature or quantity, are not intended for sale;
- are sent by the sender to the recipient without any obligation of payment.
Please note that in the case of purchases made online (eg Ebay, Amazon), the sender is most often an individual, but postal items (especially small package parcels) contain commercial goods (shipped to the recipient, with the obligation to pay). Consequently, it is impossible to make the difference between commercial and non-commercial items, at the time of automated processing of small-value postal items at the level of the Bucharest International Exchange Office, with the risk of non-payment of customs debt to the state budget. For these reasons, small-value items are treated by CNPR as e-commerce items, bearing VAT, except for those marked "gift" in standard electronic messages (ITMATT) in the "Nature of goods" field.

 
4. Why is the 19% VAT rate automatically applied to all shipments?
A: As of October 1, 2021, CNPR uses the special mechanism provided for postal operators, for declaring and paying VAT on imports, for goods with reduced value (less than EUR 150), introduced in the fiscal code by the Government Emergency Ordinance no. 59/2021. Under it, the systematic use of the standard VAT rate (19%) is allowed, in order to facilitate the customs declaration process by C.N. Romanian Post, as representative of the recipients. The valid exchange rates are those of the first working day of October, applied from 1 January of the following year. Rounding the amount of VAT on import is made in lei, by increase, when the fraction is equal or greater than 50 bani, and by reduction, when the fraction is less than 50 bani.
According to the Romanian Fiscal Code, the import VAT tax base consists of the customs value of the goods, respectively the price for the imported goods, to which is added the cost of transport and insurance. According to the Community customs regulations in force, in the case of goods sent by post, the postage paid to the destination is included in the customs value of these goods.

 
 
5. Why must the 9 lei fee be paid, even if VAT is not paid (again)?
A: The customs presentation fee in the amount of 9 lei, provided in the international postal regulations (Convention of the Universal Postal Union), is levied by C.N. Romanian Post S.A. for the customs processing of small-value postal items, including those without commercial value or with VAT paid at source. As mentioned above, the electronic customs declaration for any goods ordered outside the European Union is mandatory.

 
 
6. How did CNPR prepare for these changes? What do those ITMATT messages mean?
A: In order to align with the customs and fiscal requirements at European level, CNPR, as well as the rest of the postal operators designated at European level, has developed an automatic solution for processing electronic data related to postal items; the delay in its integration with the customs was due exclusively to the non-finalization in time of the system-to-system application of the customs authority
As of July 1, 2021, like all European postal operators, C.N. Romanian Post S.A. automatically processes small-value postal items, at the level of the Bucharest International Exchange Office, based on standard, electronic information, received in advance from external postal operators (ITMATT messages). These contain all the necessary information (data on the sender, recipient, description and value of the goods, HS code, cost of transport and / or insurance, currency in which the payment was made, IOSS number - if applicable, etc.) for making reduced set customs declarations (DVSRD), of the customs risk analysis, for the purpose of security and safety, as well as for the determination of the amount of VAT on import. To this end, postal operators have concluded International Agreements on the Electronic Exchange of Data for Customs Purposes.
 
We recommend that customers who receive non-EU postal items to check with the sender (online merchant) so that they have completed the electronic customs documentation properly, for each postal item separately.
We also draw attention to the fact that postal items that are not accompanied by electronic customs documentation (ITMATT) or by postal forms in physical format CN22 / CN23, attached to the item and completed correctly and completely, will be returned to the sender.

 
7. What do IOSS postal items mean and how are they processed?
A: The postal items received at import, in IOSS regime, are those items for which VAT was paid at the source, at the time of purchasing the product. These items are exempt from VAT, as the seller is responsible for collecting the VAT from EU consumers. According to the customs procedures, the items must be declared at customs, in order to be released for free circulation in the customs information system, respectively on the basis of the electronic customs declaration with reduced data set (DVSRD or H7).
The IOSS number must be mentioned in the customs declaration and automatically verified in the system. If the IOSS number is valid, the VAT shall be deemed to have been paid at the time the order was placed and the VAT exemption shall apply on the date of release for free circulation. If the IOSS number is not valid or is not provided, the VAT exemption cannot be granted and, consequently, VAT will be charged on importation.
 
Postal items arrived at import in IOSS regime are identified by CNPR exclusively according to the IOSS no. present in standard electronic messages (ITMATT), in the "Sender - Id reference" field. In the absence of electronic information regarding IOSS no. sent by the origin operator, those items are processed as VAT-bearing items. This is the internationally agreed working procedure between designated postal operators, taking into account the need to ensure the security of IOSS-related information and the prevention of fraud attempts.
Standard, electronic messages provided in the international legislation are the only secure channel for the transmission between the postal operators of the information regarding the transactions performed in IOSS regime by the online sellers, respectively the communication of the IOSS number (strictly confidential). Any other way of communicating this IOSS number (eg e-mail,disptach note (by mail) for customs purposes) is not recognized within the international postal domain, as it doesn't respect the data confidentiality and cannot be integrated legally, in the postal operational flow.
If you have been asked by CNPR to pay VAT on import, and you are waiting for a postal item without VAT (IOSS), which has not reached the customs subunit with customs assistance, in order to carry out customs formalities, please contact the online seller for clarification. Possible causes:
- The online seller or the postal operator did not include VAT in the sale price;
- The online seller or the postal operator did not send to CNPR the IOSS number in the standard, electronic messages, ITMATT type, respectively did not declare the transaction in IOSS regime.
In this case you can contact the online seller for the VAT recovery. The documents required for reimbursement are the following:
- Copy of the invoice issued by CNPR, for the amounts paid upon collection of the item (along with the tracking number and the amount of VAT paid).
- Copy of AWB.
 
 
8. Why are there still delays in processing postal items?
A: Delays in carrying out customs formalities on importation may occur in the case of small-value postal items due to the fact that senders (online merchants) do not provide the destination post office the appropriate electronic documentation for customs clearance of postal items (missing or incomplete electronic information). CNPR must comply with the customs requirements in force, regarding the risk analysis at entry and the declaration at customs.
We recommend customers to ensure that the goods shipped are not considered prohibited / restricted from import in Romania. In the case of these goods, the customs authority may request additional information / documents and submit an electronic customs declaration with complete data set (H1) to the RCDPS customs information system or order the seizure of the goods for confiscation.
 
According to national customs regulations, individuals may bring non-commercial goods into the country within the limits and under the conditions provided by law. The qualification of the products as for personal use or the object of an economic operation shall be carried out by the customs authority, at the time of the customs clearance operations, based on their values, quantities and the frequency of packages received by the recipients.
At the same time, it is forbidden to introduce in Romania goods that infringe an intellectual property right (counterfeit goods or pirated goods), and which, by their quantity or nature, suggest that they are introduced for commercial purposes. At the same time, it is prohibited to import certain categories of goods or materials whose transport by post is prohibited or restricted, such as real or imitation firearms and parts, explosives and ammunition, human remains, pornographic materials, live animals, drugs or flammable materials. / toxic etc.
Attempts to import these goods by post result in the retention of the postal item by the customs authorities and may attract criminal liability, being sanctioned according to law. The complete list of prohibited or conditionally admitted objects for import into Romania can be found on www.posta-romana.ro.
 
 
9. Why, in some cases, the fee of 20 lei must be paid and not the one of 9 lei?
A: The small-value postal items selected by the customs authority for the risk analysis involve additional customs formalities (notice to the recipient, request for additional customs documentation) and implicitly additional costs of the operation, as such situations do not involve automated data processing, but manual processing , piece by piece. In these situations, the customs commissioning tariff will be applied, in the amount of 20 lei / item.

 
10. Can I pay VAT and other bank card fees at the post office?
A: Payment of import duties and other taxes (VAT) can be made mainly in cash, but also by bank card at post offices with customs assistance, where POS (owned by the customs authority) terminals have already been installed, along with the customs receipt.
 
 
11. Can I declare the small-value goods myself or appoint a representative other than CNPR to the customs authorities?
Yes. If you do not want CNPR to make the customs declaration with a reduced data set DVSRD-H7 in the case of a postal item received on your behalf, you can declare the goods in person at the customs authority or appoint a customs representative other than CNPR.
Additional information regarding DVSRD-H7 as well as the list of representatives accredited to function as customs commissioners at the customs offices from all over the country can be found on the D.G.V.-A.N.A.F. website,  www.customs.ro.
If you do not want CNPR to declare the small value postal items that will arrive on your behalf, please make a written request to the e-mail address: declaranti.vamali@posta-romana.ro, with the following content:
- First name and last name of the recipient;
- Recipient address written on the mail item;
- “I specify that I do not want to be represented by CNPR for making the customs declaration with reduced data set DVSRD-H7 for the release and free circulation of postal items with reduced value.”
After registering the request, all postal items that will arrive in your name in the future will be directed to the post ofice with customs assistance where it will be your task to declare the goods in the customs information system, in person or through a customs representative other than CNP
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