WTO Customs Valuation, Article 8 Intangibles: Reflections on Royalties, Licenses, Software, and Recent WCO Instruments

In today's global trade environment, shaped by tariff tensions and rapid digitalization, the implications of intangible elements – such as royalties, license fees, and software costs associated with physically traded goods – remain both critical and complex. This webinar delves into the treatment of such goods and their intangibles under Article 8 of the World Trade Organization (WTO) Customs Valuation Agreement (CVA), highlighting key jurisprudence and recent instruments issued by the World Customs Organization (WCO).

Through real-world case studies and the latest WCO guidance, we will explore how royalties, licenses, and IP rights should be seen for customs valuation purposes. The session will also examine the WTO "software moratorium," WTO Decision 4.1, the WTO Information Technology Agreement (ITA), and their implications for goods delivered in physical form.  

Who Should Attend:  

  • Customs and trade professionals  
  • Legal and compliance advisors  
  • International trade and customs lawyers engaged in global supply chains  

Why It Matters: Proper understanding of intangibles such as royalties, license fees, and software costs associated with physically traded goods has a direct impact on customs valuation and tariffs, risk exposure, and predictability of cross-border costs. In an era dominated by digital trade and global value chains, this is essential to ensure legal certainty and avoid costly disputes.  

What Participants Will Gain:  

  • A deeper understanding of Article 8.1 of the WTO CVA  
  • Insight into the WTO Moratorium on Customs Duties on Electronic Transmissions, WTO Decision 4.1 regarding the valuation of carrier media bearing software for data processing equipment, and the WTO ITA  
  • Familiarity with key WCO Technical Committee on Custom Valuation (TCCV) instruments and their practical implications  
  • Awareness of emerging challenges in valuing intangibles linked to physically traded goods   

Speaker:

Leonardo Correia Lima Macedo, PhD, is a seasoned customs and tax professional with more than 20 years of experience in international trade law currently serving as a Counsellor at the Brazilian Administrative Court for Tax and Customs Appeals (CARF). With a robust academic background, including a PhD in International Trade Law from Maastricht University and an MBA in Finance, Dr. Macedo has extensive experience in customs valuation. He has worked for the World Customs Organization (WCO), the World Trade Organization (WTO), and the International Monetary Fund (IMF), delivering technical assistance.