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Disputes with a customs broker

26.11.2020

Disputes with a customs broker



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The implementation of foreign economic activity in modern conditions is a rather complex procedure that requires the involvement of qualified specialists in various fields of knowledge: law, customs, logistics, etc.
Undoubtedly, one of the main difficulties in the performance of export-import operations in the Russian Federation is the issue of passing customs formalities. That is why most of the participants in foreign trade operations in Russia do not directly enter into relations with the customs authorities. For these purposes, professional participants in the market for services in the field of customs are involved - customs representatives (brokers). These organizations are licensed to carry out their activities, as well as a staff of certified employees. Thus, from the point of view of the law, the professionalism of customs representatives (brokers) is presumed.
But practice shows that the actions of customs brokers are not always perfect. Repeatedly, consignees hear from brokers stamped phrases with accusations against the consignor, consignee and customs: "... customs illegally detained the cargo ...", "... customs requested additional documents ...", "... an additional check began ...". As a result, the importer incurs additional costs associated with cargo downtime, storage, etc. The very same foreign trade operation from a profitable commercial enterprise can turn into a loss-making business.
Of course, Russian customs often abuse their powers. At the same time, probably, the consignees rarely hear about the fault of the brokers themselves. At the same time, unprofessionalism and negligence of customs representatives is often the main reason for all the misfortunes of importers, and the broker must bear all the costs associated with the idle time of the goods at customs.
 In our practice, we have repeatedly encountered various mistakes made by customs representatives, who skillfully use their clients' ignorance of all the intricacies of customs. Lawyers of our company have repeatedly had to defend the interests of foreign economic activity participants in disputes with customs representatives in court, when customs representatives tried to shift all costs associated with delays in the release of goods onto importers.

Disagree with your customs representative?

Contact us by phone number 8-499-647-75-64, and our specialists will advise you on all available issues, help you defend your position, and offer optimal solutions.

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