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The generational shift under way in customs departments appears to be gathering pace, at least judging by the current volume of enquiries we receive about the rights and obligations that come with this role, and the associated potential liability risks.<\/p>\n\n\n\n
“Suddenly a customs compliance officer” reflects the situation in which someone rather unexpectedly finds themselves taking on the role of customs or export control compliance officer. At the latest, this becomes apparent the moment the competent Main Customs Office asks who is “the person within the company responsible for customs matters,” and attention turns to staff in purchasing, sales, or logistics. At that point, at the very latest, it becomes clear: there must be someone within the company who organises day-to-day operations in the customs and\/or export control area and who oversees the relevant processes.<\/p>\n\n\n\n
It should be said that the role of customs\/export control compliance officer is, in fact, an exciting and varied position within a company, and one that is, of course, not normally filled carelessly, or only because customs happens to ask, as somewhat provocatively suggested above. Rather, in most companies, it is held by experienced staff, supported by equally experienced deputies. It is also common practice, and one accepted by the customs administration, for an experienced compliance officer to be supported by a deputy who still needs to build up their knowledge through training and further education.<\/p>\n\n\n\n
What is equally clear, however, is that this position comes with rights and obligations, and that, particularly for staff newly taking on the role, the question of potential liability risks inevitably comes to mind. The special function of this position within the company should be reflected by structuring it as a staff function reporting directly to management, since compliance officers need the authority, by virtue of instructional powers, to be able to halt customs and export control transactions where necessary.<\/p>\n\n\n\n
The question of “liability” is a multi-layered one, and the risks depend on a range of factors:<\/p>\n\n\n\n
Given the multi-layered nature of this topic, we will address the potential liability risks in each of these areas in upcoming issues of Schlagbaum. To give away the ending in advance: the risk of personal liability for compliance officers, in criminal or administrative fine terms, is low, provided they do not knowingly and culpably participate in flawed processes within the company. The risk of employees being held personally liable for import duties can be avoided for staff acting as customs compliance officer by having the company enter into an internal indemnification agreement, releasing them from liability for customs debts.<\/p>\n\n\n\n
In cooperation with various chambers of industry and commerce, we also regularly offer seminars on the topic “Customs Compliance Officers: Tasks, Rights, Obligations, and Liability Issues.” Our next event will take place on 24 September 2025 at the IHK in Arnsberg<\/strong>. You can register for this event at the following link:
https:\/\/www.ihk-bildungsinstitut.de\/25BA662AR.AxCMS<\/a><\/p>\n\n\n\n