La dichiarazione libera esportazione (Declaration of Free Export) is one of the essential documents for an international shipment from Italy to a country outside the European Union. This document must be presented to the customs authorities at the Italian border and at the border of the destination country. The document declares that the goods are not subject to any export restrictions or licences.
This declaration must contain a series of essential data:
Sender's personal data: sender's first and last name; sender's role in the company; sender's date and place of birth; sender's place of residence; shipment reference number, as shown on the shipment waybill; pro-forma invoice or commercial invoice reference number; and sender's tax code.
Country of origin of the goods shipped.
Country of destination.
Information on the European regulations governing the export of certain items, whereby the sender declares to be aware of the laws on export of goods outside the EU. In particular, by completing this declaration, the sender declares not to send:
protected species of wild flora and fauna, according to the Washington Convention;
items included in the list of protected cultural heritage, according to the Council of Europe;
items of dual civilian and military use, whose transfer is regulated by the European Union;
goods that could be used to facilitate capital punishment, torture or other cruel, inhuman or degrading treatment or punishment;
articles containing cat or dog fur;
dangerous chemical substances whose import or export is prohibited by European regulations;
goods for which the export refund rate exceeds 10.000 euros;
articles and equipment containing fluorinated greenhouse gases;
goods which promote illegal, unreported and unregulated fishing.
articles containing substances that deplete the atmospheric ozone layer;
goods intended to support military activities in Côte d'Ivoire;
goods relevant to current EU restrictions against Zimbabwe, Iran, Libya, the Republic of Guinea, Myanmar and North Korea;
goods relevant to current restrictions related to Russia's actions in Ukraine;
goods included in the current restrictions related to the situation in Crimea;
goods covered by current restrictive measures against certain Belarusian officials; and
goods relevant to current restrictions related to the situation in Syria.
If this document is not presented or does not comply with the requirements, Italian customs may not allow the shipment to proceed to its final destination, or the place of destination may not allow the package to reach the addressee. All this generates delays in the delivery of the goods.
Regarding the format of the declaration, if you are a company shipping outside the EU from Italy, the dichiarazione libera esportazione must be printed on company letterhead, accompanied by 3 copies of the declaration for each shipment, each copy must be stamped, and each copy must bear the original date and signature of the sender.
Process to obtain la dichiarazione libera esportazione
First of all, Any exporter can obtain a dichiarazione libera esportazione at the nearest customs office or by contacting those responsible for managing exports in the country of origin.
Steps to follow
1. Identify the goods to be exported and ensure they are not subject to restrictions.
2. Complete the declaration with information about the goods, the recipient, and the destination country.
3. Submit the declaration at the nearest customs office. Once the declaration has been submitted, the customs office will examine it to ensure it is complete and accurate. If the declaration is correct, the customs office will approve it, and an export release certificate will be issued.
The time it takes to process an dichiarazione libera esportazione depends on various factors, such as the type of goods, the destination country, and the workload of the customs office.
In general, processing an dichiarazione libera esportazione typically takes a few business days. However, in some cases, processing may take longer, especially if the goods are subject to restrictions or if the customs office has a heavy workload.
To avoid delays in the processing of the declaration, the exporter should ensure that the declaration is complete and accurate.
Export Restrictions
The specific reasons why a good is subject to export restrictions will vary depending on the good, the country of origin, and the country of destination. Governments will typically consider a number of factors when deciding whether or not to impose export restrictions, including the potential harm that the good could cause, the availability of alternatives, and the economic impact of the restrictions. However, the following reasons are the most common:
Goods that could be used for military purposes or that could pose a threat to national security. Ej: weapons, ammunition, and advanced technology.
Governments may restrict the export of goods to certain countries as a foreign policy tool. This may be done to pressure a country to change its behavior, to support a boycott, or to promote human rights.
Governments may restrict the export of goods to protect domestic industries from foreign competition.
Goods that are in short supply domestically.
Goods that could harm the environment.
Goods that could be used for criminal or terrorist activities.
Goods that could pose a risk to public health.
Protection of intellectual property rights. No pirate goods.
The Italian exporter can find out which goods are subject to export restrictions by checking: the Union Customs Code (UCC), wich defines the legal framework for customs rules and procedures in the EU customs territory, this also includes a list of goods subject to export restrictions; the list of goods subject to Italian export control; and international trade agreements signed by Italy, which may include restrictions on the export of certain goods. In addition to these sources, the exporter may consult an international trade professional, such as a freight forwarder, for advice on export restrictions applicable to a particular commodity.
In conclusion, the dichiarazione libera esportazione is a document that cannot be missing when shipping from Italy to any country outside the European Union, as it declares that the goods are not subject to any export restrictions or licenses. These restrictions are imposed to prevent the export of goods that may impact public health and the environment, as well as those that may promote the proliferation of nuclear weapons or are considered instruments of foreign policy.
In this regard, the declaration must contain the information mentioned in this article, which must be included without exceptions to avoid delays in the delivery of the goods.
The exporter may consult an international trade professional, such as a freight forwarder, for advice on export restrictions applicable to a particular commodity. At SPARX we have specialists who can advise Italian exporters on the export restrictions applicable to a particular commodity in order to facilitate the process and avoid delays in the delivery of the goods.
