CustomsBroker Contract

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The key takeaways are that the document outlines a contract between a Broker and Client for customs brokerage services. It defines their respective rights, obligations and responsibilities.

The Broker agrees to perform all necessary customs clearance actions, supply required documents, declare customs procedures correctly, and calculate duties. The Broker also has rights to request documents and carry out checks.

The Client is responsible for providing necessary documents on time, bearing costs of additional checks, and reimbursing the Broker for any losses due to improper fulfillment of obligations.

Customs Broker’s Contract

________________, On behalf of the Director General of


___________________, acting under the Charter, hereinafter
referred to as «Broker», on the one hand, and
__________________, On behalf of the Director General of
__________________, acting under the Charter, hereinafter
referred to as «Client», on the other hand, concluded the
contract as follows.

1. Subject of the contract.


1.1. In accordance with this agreement Broker undertakes on
behalf of and at the expense of the Client to perform customs
operations at the customs clearance of goods (placement of goods
under customs control or another customs procedures).
1.2. Broker takes actions under this contract in accordance with
individual client’s instructions. Client’s Orders are issued as
Requests in the form approved by the parties (the approximate
application form listed in the Annexes to this contract).

2. The rights and obligations of the Broker.


2.1. Broker agrees to:
- Make all necessary actions in accordance with the customs
legislation of Russia while assisting in customs clearance of
goods of the Client;
- To supply the client with the list of documents required for
customs clearance and the requirements thereto, timely inform
the Client about any additional requirements of customs
authorities that have arisen in the process of customs clearance
and control;
- To declare type of customs procedure for goods in a proper
way, based on the client's intentions regarding their use in the
customs territory of Russia or abroad when they are exported;
- Timely, completely and properly to execute the necessary
documents for the declaration of goods in accordance with the
requirements of the customs legislation;
- Correctly calculate the amounts of customs duties, including
the selection of package goods in HS, the country of origin,
customs value, quantity of goods, the application rate of
customs duty, VAT, excise and other customs payments, holding
the recalculation of foreign currency into the currency of
Russia, the application of rules levying of customs duties;
- To respect and protect the legitimate rights of the Client,
arising from the implementation of the provisions of this
contract, maintain trade secrets and other confidential
information.
2.2. The duties of Broker does not include engaging in
transactions related to the completion of the alleged client
Customs regime, as well as other operations, the implementation
of which in accordance with the Customs Code and other normative
legal acts of the customs case may be assigned only to the
person moving the goods, or otherwise named person.
2.3. The broker has the right:
- Require the Customer to the submission of documents
(transport, shipping and other commercial documents for the
goods required for customs purposes (invoices, bills of lading,
foreign trade contracts, specifications, invoices, etc.), and in
cases stipulated by RF legislation also permits licenses,
certificates and other instruments of state regulation of
foreign trade) and the information required for customs
clearance, including those containing information constituting
commercial, banking or any other legally protected secrets and
other confidential information, to receive such documents and
information within the time frame for compliance requirements of
the customs legislation of Russia;
- Check the credentials of the Client in respect of the goods;
- Check the completeness and accuracy obtained from the
Customer's documents and information required for customs
purposes;
- Carry out on demand of customs authorities of Russia at the
expense of the Client transportation, weighing or other
determination of the quantity of goods, loading, unloading,
handling, correction of damaged packaging, opening the package,
packaging or repackaging of goods subject to customs clearance,
as well as open spaces, containers and other facilities where
there may be mentioned goods;
- On behalf of the Client to make the Client payment of customs
and other fees and charges;
- To take on the direction of or with the permission of the
customs body samples and specimens of goods;
- Ensure the implementation of veterinary, phytosanitary and
other types of state control by the public authorities in
respect of declared goods Broker and facilitate their
implementation;
- Terminate the contract unilaterally, if Broker appear
reasonable grounds for believing that the acts or omissions of
the Customer are illegal and punishable or responsibility
stipulated by the Customs Code and other legislation of Russia.
2.4. In fulfilling responsibilities under this contract, Broker
also has other rights and bears other responsibilities
established by the customs legislation of Russia.
2.5. The broker has the right to involve third parties for the
proper execution of the Treaty's terms, with the broker is
responsible for the actions of third parties, as for his own.

3. The rights and obligations of the Client.


3.1. Customer undertakes:
- Promptly notify the Broker of the need to commit acts of
customs clearance of goods;
- Send the broker documents required for customs clearance of
goods in time to ensure compliance with the requirements of the
customs legislation of Russia. The fact that the transfer of
documents the broker for each transaction to confirm the
relevant listing (the approximate form given in the annex to
this contract);
- Observe and comply with the requirements of the customs
legislation of Russia, as well as delivered and placed in
accordance with the requirements of the customs authority and /
or broker;
- Do not take any actions or omissions, impeding the realization
of customs clearance both in full and at certain stages. In the
case of the act or omission of the responsibility for active
customs clearance, including the material, shall be the Client;
- Timely and fully pay Broker compensation in the amount and
terms established by this treaty;
- To make timely payment of customs duties in the manner and
amount specified Broker;
- Promptly and in full, provide broker documents and report the
information required for customs purposes and customs control;
- Do not make any edits, changes and additions to the documents
drawn up by Broker. In case of violation of this requirement,
the client fully responsible for the violation of customs
regulations, due to inadequate clearance of goods. All
corrections and additions made by Broker on Customer's fault,
carried out by the latter;
- Issue a power of attorney (proxy) to perform legal and factual
actions under this contract;
- Advance to notify Broker of updates customer information
(addresses, bank details, phone numbers, etc.).
3.2. Customer is responsible under law for the reliability of
Russia as all documents submitted for the declaration, and
claims information on this product.

4. Communication.
4.1. To ensure interoperability and exchange of documents and
information at the conclusion of the Parties to this Treaty
shall notify each other about how hot link, which can be used by
the Parties under the conditions of this Agreement. In
particular, inter alia, to the parties must necessarily be
communicated information:
the mailing address of the Party, suitable for sending the mail;

e-mail addresses of the Parties.


Otherwise, the Parties have used the addresses specified in
section 9 of this Treaty.
Simultaneously with the notification Parties send each other
information about the mode of communication established by the
Parties, including the time in which such communications can be
used. If such information is not intended, it is considered that
communications can be used on weekdays from 9.00 to 18.00,
except Friday, when communications can be used from 9.00 to
17.00.
4.2. Parties are fully responsible for the serviceability and
adequate channels of communication, as well as for compliance
with the agreed regime of their use, except for force majeure.
4.3. The Parties undertake promptly to notify each other in
writing of changes in the data transferred in accordance with
paragraph 3.1 of this Agreement.
4.4. Exchange of documents and statements made using transmitted
to the parties of communication, unless otherwise provided in
this contract.

5. Payments under the contract.


5.1. Fee Broker for services rendered shall be calculated in
accordance with the application of the client and the Annexes to
this Treaty.
5.2. The amount of compensation determined by the fact Broker
services (placing the goods under the customs regime chosen by
the Customer) shall be calculated based on a tip from the Client
Application and the Annex to this Treaty, and then transferred
to the account of a broker within 3 (three) banking days from
receipt of signed by the Broker, in 2 (two) copies, an act of
works / services and an invoice.
5.3. The work is not taken into account in calculating the
amount of compensation (additional work caused through no fault
of Broker, or as directed by the regulator) are
perevystavlyaemymi and paid by the customer within 2 (two)
banking days from receipt of the relevant invoice from the
broker with documentary evidence of their conduct .
5.4. For late payment of bills Broker may bring the client is
asked to pay fines amounting to 0,3% of the payment amount for
each overdue day.
5.5. Customer demand Broker within 2 banking days from receipt
of instructions lists of Broker, Broker of these, the amount of
customs duties as directed by Broker on account of customs
authorities.

6. Responsible parties.
6.1. For non-fulfillment or improper fulfillment of their
obligations, the parties responsible under existing legislation
of the RF
6.2. Parties are responsible for the failure (improper
fulfillment) of its obligations under this contract only if
their guilt.
6.3. Liability of Parties for obligations arising during the
term of this Agreement does not limit the validity of this
Agreement.
6.4. Broker is not responsible for any adverse consequences,
including penalties, fines and other sanctions, losses resulting
from improper performance of their duties by the Customer. At
the same time under the improper execution of the Client of
their duties, among other things, but not limited to, the mean
delay in the transfer of client funds in payment of customs
duties in full, providing the Client Broker inaccurate,
incomplete, improperly completed documents and information as
well as forged or invalid documents or documents obtained by
illegal means; other violation of this Agreement.
6.5. In all cases involving broker to liability under the laws
of Russia, or laying on the Broker's obligation to pay customs
duties, except in cases of prosecution due to the fault of
Broker, the Client shall indemnify the broker funds in the
amount of documented damages, including unpaid customs duties
and sums administrative fines.
6.6. The broker is not liable for failure to notify or late
notification of the Customer of the circumstances relevant to
the proper performance of the terms of this Agreement, if the
fair use of communication facilities provided in accordance with
Section 4 of this Treaty shall not possible to transfer the
information in the required time and in proper form.
6.7. Broker is not liable for failure to comply with the
requirements of the customs regime under which goods are placed,
since their release / premises under the authority of the
declared customs regime of Russia.
6.8. Broker shall not be liable to Customer for any decision,
action (inaction) of customs or (and) other public bodies and
(or) their officers with respect to goods and vehicles, if such
decision, action (inaction) are a consequence of Customer's
breach of its obligations under this Treaty or the legislation.
6.9. Broker shall not be liable for any losses incurred by the
Customer and arising in connection with the publication of
regulatory legal acts regulating customs, other regulatory legal
acts affecting the rights and obligations of the Client.
6.10. The broker is not liable for damage caused to the Client
in case of detection in the process of customs clearance
requirements of the law violations that have occurred through no
fault of the broker.
6.11. Parties are responsible for the disclosure or other misuse
of confidential information belonging to another Party, except
where such disclosure is achieved by virtue of the obligations
established by law.
6.12. Customer shall reimburse in full all losses incurred by
Broker in connection with the improper execution of Client's
obligations established by this Treaty.
Including customers be compensated in full for all losses
(including the amount of administrative and other penalties)
incurred by Broker in connection with the involvement of a
broker or (and) its employees to administrative responsibility,
and (or) in connection with the involvement of its employees to
criminal liability if this attraction was due to improper
execution of Client's obligations established by this Treaty.
Customer shall indemnify these losses in full, regardless of the
time they occur.
6.13. In the implementation of customs control and customs
clearance broker performs all duties and responsible to the
customs authorities, as if he independently move goods across
the customs border of Russia.
6.14. Broker is not responsible for late registration of customs
declaration and customs registration of goods, if not submit or
late submission of required documents by the Client, as well as
in the case of claims by Customs authorities for additional
procedures.
6.15. Broker shall not be liable for non-compliance labeling
excise stamps, committing currency transactions connected with
the movement of goods and vehicles through customs border of
Russia, that the conditions of foreign trade of barter
transactions and other actions, responsibility for which rests
with the Client as the person transporting goods.
6.16. Broker not responsible for the excessive downtime, storage
in SVH / NTA caused through no fault of the broker.
6.17. In the case of orders by the Client to a third party
customs clearance of goods or the vehicle is the subject of this
agreement, Broker shall not be liable for the actions of a third
party.

7. Duration of Contract.
7.1. This contract is for a period of one (1) year. If thirty
days before the expiration of the contract, neither party does
not declare its dissolution, the contract is prolonged for each
following year.
8. Final Provisions
8.1. All correspondence between the parties is carried out
according to the following postal address:
8.1.1. Customer mailing address:
________________________________________________
8.1.2. Broker email address:
129110, Moscow, Bench Lane., 3, 2nd floor, pom.3
8.2. In all other respects, that is not provided in this
contract, the Parties shall be guided by the laws of Australia.
8.3. Any changes or additions to this Treaty shall apply,
provided they were made in writing and signed by duly authorized
representatives of the Parties.
8.4. All notices and communications should be sent in writing.
8.5. All disputes and differences which may arise between the
Parties to this Treaty shall be resolved through negotiations.
8.6. When a problem with the process of negotiation of
contentious issues, disputes are resolved in the manner
prescribed by applicable law in the Arbitration Court of Moscow.

8.7. This Agreement is made in two copies, each having equal


legal force, one copy for each party.

9. Legal addresses and bank details of the Parties:


Broker:

Client:

10. Signatures:

Broker: Client:

_______________ / / ________________

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