1. A customs broker (agent) is defined as a Russian juridical
person included in the Register of Customs Brokers (Proxies). A
state entity may not be certified as a customs broker (agent).
2. A customs broker (agent) acts as an agent for a declarant or
of another interested person performing a customs operation
pursuant to the terms and conditions set forth by Russian
Customs Code.
3. A customs broker (agent) has the right to confine the sphere
of its activities to customs operations with specific kinds of
merchandise as per the Nomenclature of Goods subject to Foreign
Trade, or to customs operations with the goods and commodities
conveyed across the customs border by specific means of
transport, or to individual customs operations, or to the
customs operations limited by the framework of a region covered
by one (several) customs office (customs offices).
4. The relations between a customs broker (agent), the
declarants and other interested persons are established on a
contractual basis. A customs broker (agent) is not permitted to
refuse to conclude a contract for a service or an operation if
it has requisite facilities for providing such service or for
carrying out such operation.
Terms of Entry onto the Register of Customs Brokers
The terms of entry onto the Register of Customs brokers are as
follows:
1. Availability in the applicant's staff of a minimum of two
certified specialists in customs clearance in possession of the
respective qualification licences;
2. Availability of complete original authorised (equity)
capital, authorised investment fund or of the applicant's share
therein;
3. Guarantee of dutiable payments;
4. Availability of the applicant's civil liability insurance
policy, which may occur as a result of damage, caused to the
property belonging to represented persons or due to a breach by
the customs broker of its agreements with such persons. The
minimal insurance premium thereto should amount to 20 million
roubles.
The Rights of a Customs Broker (agent)
1. In carrying out customs operations a customs broker (agent)
shall have the same rights as the juridical person that has
empowered the customs broker (agent) to represent its interests
in its relations with the customs authorities.
2. A customs broker (agent) has the right to warrant of the
customs authorities, on behalf of the person it represents,
fulfilment of the obligations assumed by said person with regard
to guaranteed payment of customs duties and taxes if provisions
of Russian Customs Code require a guarantee for such payments.
3. A customs broker (agent) has the right to demand that the
person he represents furnish the documents and the information
that may be required for fulfilling customs clearance procedures
including the documents containing sensitive information
constituting commercial, banking and other secrets protected by
law or any other requisite confidential information and to
obtain such documents and such information within the prescribed
time limits ensuring observance of the provisions of Russian
Customs Code. 4. At the instance of signing a contract with the
person to be represented the customs broker (agent) has the
right:
- to offer various discounts with regard to remuneration of its
services and provide privileges for specific categories of
persons it represents;
- to demand, as a precondition for concluding a contract with
said person, that the latter abide by its commitments in
accordance with the Civil Code of the Russian Federation.
Obligations and Responsibilities of a Customs Broker (agent)
1. In the process of customs registration/clearance procedures,
obligations of a customs broker (agent) are predicated on the
terms and conditions set forth by Russian Customs Code with
regard to the customs operations, which may be required for
subjecting goods to one or another customs control procedure.
The fact of fulfilment of such operations by a customs broker
(agent) does not oblige the latter to carry out any other
operations, such as completion of a customs procedure.
2. A customs broker (agent) shall pay requisite customs duties
and taxes for the declared goods if the terms of the goods
customs procedure requires such payment. At the instance of
declaring goods, the customs broker (agent) in accordance with
Russian Customs Code bears the same responsibility for the
disbursement of customs duties and taxes as the declarant.
3. Any information obtained by a customs broker (agent) from the
persons he represents constituting commercial, banking and other
secrets protected by law or any other requisite confidential
information may not be made public, or used by the customs
broker (agent) and/or its employees for their personal goals, or
revealed to other persons except for the cases stipulated by
federal law.
4. A customs broker (agent) shall be obliged to keep a record of
the goods subjected to customs operations and submit reports
thereof to customs authorities.
5. The customs broker's (agent) obligations and accountability
before the customs authorities shall prevail over his contract
with the person he represents.
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