Customs Broker: status, authority and responsibility

In the process of customs procedures, customs broker is an intermediary structure that helps the exporter to complete all customs formalities and successfully make the customs clearance of goods.
Customs brokerage – an entrepreneurial brokerage business, the purpose of which is the declaration of goods and means of transport and to ensure the passage of customs formalities in the name and on behalf of the owner of the goods or his authorized representative.
Customs Broker – is a company which provides services for the declaration of goods, vehicles for commercial purposes, which moved across the customs border of Ukraine, operates under license and entered into the Register of Customs Brokers, which is maintained by the central executive authority, implementing the state policy in the sphere of the State Customs case.
Legal regulation of relations between the customs broker with a person whose interests he represents, is determined by the relevant agreement. In practice, the contract of agency. In order agreement defines the rights and obligations of the parties. Customs broker acting and is liable under the agreement concluded.
Customs broker can be a company or its separate division (philia, representation).
Customs broker is under license.
Customs Broker has a staff of customs clearance agents. Customs clearance agent – is an individual resident, which is in an employment relationship with the customs broker and immediately takes the benefit of a person who is a customs broker, the actions related to the submission to the customs authority of goods, vehicles for commercial use, as well as the documents required for their customs control and customs clearance.
Customs Broker shall have the right in its own name, for and on behalf of the owner of the cargo on their own to fill in the customs declaration for the product of customs clearance of goods, vehicles and other items. In addition to the cargo customs declaration, the customs broker provides the customs authority of a full package of documents required for customs clearance.
The main function of a customs broker at the time of customs clearance is the declaration of goods and means of transport for commercial use for the purpose of customs clearance.
Customs Broker as declarant shall:
1) To carry out the declaration of goods, means of transport for commercial purposes;
2) At the request of the customs authority to produce goods, vehicles for commercial purposes of customs control and clearance;
3) Provide the customs authority provided for by the legislation documents and information necessary for the performance of customs formalities;
4) payment of customs fees and charges, control over the payment of which the customs authorities or to ensure their payment.
During the implementation of the declaration of goods and means of transport by the customs authorities of customs brokers and customs clearance agent have the same rights upon presentation of the goods and vehicles, and that the person who has authorized them to represent their interests in relations with customs authorities.
Customs Broker shall enforce customs clearance agent the following requirements:
– At the request of the customs authority to produce goods, vehicles and all documents required for customs control and to be present at his conduct;
– To inform in writing the person who gave him the goods and vehicles for presentation to the customs authority, the discovery of damage to the container and packaging, as well as of non-compliance of these products, vehicles information about them listed in the commercial, transport and other accompanying documents.
For offenses relating to the maintenance of customs brokerage, customs broker is responsible, the Customs Code of Ukraine and other laws of Ukraine. Offenses relating to the implementation of the customs brokering, entail criminal and administrative responsibility.
I also want to lead the list of personal qualities, which should have a successful customs broker. Sure, a person engaged in customs business, should be excellent memory. Equally important is the ability to build interpersonal relationships, to accumulate the necessary contacts. With the customs clearance of goods and services more people work, the ability to think systematically, which is easy to focus, as well as urgent to respond to any changes.
Customs brokers – a link in the chain of foreign economic activity – the customs authority. Together with the rights they receive in representing clients before the customs authorities, these companies are fully responsible for the procedure of declaration of goods under the legislation of Ukraine.