A customs representative is a legal entity registered in one of the member countries of the Customs Union. Customs Code of the Customs Union

The Customs Code of the Customs Union is a codified normative act. He regulates relations concerning the movement of goods across the borders of the countries participating in trade and economic cooperation. This document establishes general rules for the carriage of goods, their placement under certain procedures and other matters.

The Customs Code of the Customs Union is one of the key, but not the only, acts regulating these relations. Special rules are established by the laws of the countries participating in trade and economic cooperation. In particular, special rules determine the procedure under which the customs representative operates . устанавливает правила, касающиеся декларирования груза. TC TC establishes the rules concerning the declaration of cargo. In accordance with the norms, it is possible to entrust the mediator to the fulfillment of these procedures. . Let's consider further, what services of the customs representative exist.

General information

юрлицо, которому грузовладелец поручает оформление товаров, транспортируемых через границу. The customs representative is a legal entity to whom the cargo owner instructs the registration of goods transported across the border. This subject, among other things, can be entrusted with the commission of any operations that accompany the movement of objects. Who can act as a customs representative? в своем законодательстве предусматривает, что этим статусом может обладать практически любое коммерческое юрлицо. Russia in its legislation provides that this status can be enjoyed by almost any commercial legal entity. The exception is state-owned companies. . Information on the company acting as an intermediary is entered in the register of customs representatives .

Requirements

официально зарегистрированная организация. A customs representative is an officially registered organization. It has certain requirements. First of all, at the time of filing an application for the acquisition of an appropriate status, its statutory fund should be fully formed. вносятся только те фирмы, кадровый состав которых включает в себя не меньше 2 специалистов в сфере оформления грузов, перемещаемых через границу. In the register of customs representatives, only those firms whose staffing includes at least 2 specialists in the field of clearance of goods transported across the border are entered. Their competence in this case must be confirmed by certificates and diplomas.

заключение договора страхования на сумму от 20 млн р. Another condition that a customs representative must fulfill is the conclusion of an insurance contract for a sum of 20 million rubles. In addition, the broker assumes the obligation (written) to pay the established fees associated with the formulation of different specifications. Their amount is not less than 50 million rubles. When submitting an application, the company indicates any restrictions on the forthcoming activities, if any.

Explanations

лицо, которое избавляет грузовладельца от трудоемкой работы по оформлению объектов. The customs representative is the person who frees the cargo owner from the laborious work on the design of the objects. The activity of brokers significantly facilitates the implementation of tasks for the movement of material values. At the same time, the entire process is under the control of experienced and qualified specialists. Most of the risks are covered by the insurance policy. By agreement of the parties, it can be extended by other obligations.

Agreement

устанавливаются внутренним законодательством страны-участницы торгово-экономического альянса, а также договором между ним и грузовладельцем. The rights of the customs representative are established by the domestic legislation of the member country of the trade and economic alliance, as well as by the contract between him and the cargo owner. The agreement between the parties must be certified by a notary. This requirement gives the cooperation a strictly formal form. и грузовладельца. The agreement establishes the legal capabilities of the parties, their duties, the responsibility of the customs representative and the cargo owner. In addition, the contract prescribes the conditions, amount, order of payment, the amount of insurance, various additional circumstances and facts.

Credentials

The legal possibilities of a customs representative are similar to those of a subject who has concluded a contract with him. In particular, the rights of the representative are:

1. Filling in customs declarations.
2. Payment of established payments.
3. Provision of cargo and accompanying documents for inspection.
4. Solving issues of an organizational nature concerning the movement of goods across the border.
5. Performing any operations related to customs clearance of goods and not inconsistent with the law.

Additional Features

The representative can act as a guarantor of the cargo owner in matters relating to the deduction of mandatory payments. This contributes to a faster and more efficient solution of certain financial problems. The services of the customs representative are paid, in accordance with the arrangements, within the time period stipulated in the agreement.

The mediator may demand compensation for the loss suffered by the employer within the limits of civil law norms, if the latter has committed violations of notarized conditions of cooperation or provisions of the law. The customs representative has the right to choose the best, in his opinion, actions related to the registration of the transported objects. They can be carried out both with the consent of the cargo owner, and independently mediate.

Sanctions

Responsibility of the representative is established by the provisions of normative acts in the sphere of customs affairs, as well as by the terms of the agreement. In the event of non-fulfillment of their duties or the admission of other violations, the broker may be sanctioned in the form of:

1. Administrative penalties of a different nature.
2. Penalties for late payment of duties and other mandatory amounts.
3. Compensation for harm to the second party to the agreement and to third parties whose interests were affected by the violation.
4. Revocation of license. This punishment is applied in case of revealing systematic gross violations. At the same time, an enterprise that has lost its license is included in the "black list".

The subject has the right to re-apply for the acquisition of the status of the customs representative. It can be sent not earlier than one year after the execution of the administrative punishment. All shortcomings in the activities, which became the basis for revocation of the license or other penalties, should be eliminated completely.

Advantages of contacting a broker

The requirements for companies applying for the status of a customs representative established in the legislation are rather stringent. This allows to ensure admission to the market only highly qualified specialists who have the necessary work experience. In addition, the provided liability insurance, acting as a mandatory condition for obtaining a license, indicates a guarantee of minimizing the negative consequences of non-professional activities. At present, the appeal to the customs broker provides the cargo owner with the following advantages:

1. The intermediaries provide ready-made effective schemes for the design of objects of different types.
2. Brokers carry out a qualified filling of all documents required by customs authorities.
3. Customs representatives ensure timely payment of established payments.
4. Brokers, as a rule, have professional ties in some important structures. They allow you to quickly reach a consensus on certain issues.

One of the most important advantages of applying to a broker is the acquisition of legally legitimate and qualified assistance, in all respects in accordance with the law. Some intermediaries can additionally provide responsible storage of cargo in a special warehouse until the completion of the necessary verification and clearance procedures. In most cases, cargo owners, using the services of a representative, receive a reliable partner who has the ability to successfully solve problems in the field of customs, without acting at the same time as legislation.

Nuances of work

So, as the key task of the customs representative is the implementation of actions relating to the registration of cargo, on behalf of a participant in foreign economic activities. The registration of the relationship between the importer / exporter and the broker assumes the signing of the contract. After this procedure, the work of the mediator is reduced directly to the design of the cargo and the representation of the interests of the employer in the customs structures. It is worth noting some of the nuances that take place in practice. On the one hand, the customs representative must express and defend the interests of the customer, since the latter pays for his activities. At the same time, brokers are dependent on the FCS. This is due to the fact that it is the Customs Service that gives representatives permission to carry out their activities.

Stages

Having signed the contract, the representative receives a package of documentation from the customer. It must be submitted to the FCS. Of course, any participant in foreign economic activities can do this on their own. However, far from every subject has sufficient information on a specific list of securities, the procedure for their registration, innovations and changes in legislation. The customs representative has comprehensive information, is a professional, accordingly, he will do this work not only faster, but also more effectively.

The broker is responsible for completing the declaration. The broker shall enter into it information from the documents that have been transferred to him by the customer. When preparing the declaration, the TN VED codes for each denomination must be indicated without fail. If you need to issue one or two or even 10 items, then this may not be a problem. However, usually we are talking about a rather large number of names for different goods. Therefore, often without a professional can not do. The customer can assign the codes to one of his staff. However, if an enterprise irregularly performs customs clearance, it is quite expensive to maintain a separate post.

Cargo clearance

It starts after all the documents have been filled out. If the subject decides to independently carry out the registration of the cargo, he will have to face such procedures as search, request for additional materials, etc. If there is no time for this, it is advisable to shift the solution of the problems to the shoulders of the broker. To further motivate the intermediary, additional terms can be added to the agreement, for example, on the terms of execution or on the payment of penalties for late fulfillment of obligations.