Documentary evidence of empowerment
Under the UCC the customs representative can be required by Customs to provide them with evidence of empowerment. For the trader to have given a positive engagement to the agent to act as their customs representative.
This engagement should be in writing and would include e-mails, traceable electronic messages and a formal signature on a document.
This empowerment is open ended covering multiple shipments over an unspecified time frame or can be limited to a single shipment.
As stated in Clause 7 of the BIFA Standard Trading Conditions -“In all and any dealings with HMRC for and on behalf of the Customer and/or Owner, the Company is deemed to be appointed, and acts as, Direct representative only.” Where the trader is a UK based customer of the BIFA Member the trader has acknowledged the acceptance of the BIFA Standard Trading Conditions as the contractual basis upon which business will be conducted.
Where capacities are low and declaration and transit can be processed by our carrier or 3rd party, for speed and efficiency your documents may be subcontracted.
*Direct Representation, in this scenario the customs representative acts in the name of and on behalf of another party. The party being represented is the declarant and is obliged to meet all the obligations arising from the declaration.
The declarant will be responsible for maintaining the records and also providing an audit trail. At this point it is important to deal with one myth that has developed: there is a view that a customs representative has no responsibility should they make an error. This is not necessarily the case. If the represented party has given clear and accurate instructions and the customs representative makes an error the latter will not be able to rely on the protection of Direct Representation. The view of HMRC is that they have failed to act in a competent manner and become jointly and severally liable for the debt.
Goods will be accepted for carriage and subcontracted only subject to the BIFA Standard Trading Conditions 2017, RHA in the UK
Following one hour waiting time at collection, customs or point of delivery, demurrage is chargeable at £50 per hour in addition to the agreed charge
Any cancellation with 24 hours of collection or after 17:00 on a Friday for Monday will be chargeable at total cost
Pricing for all Customs clearance:
· UK Import/UK Expot - £40 up to 4 items, and £2per item there after
· T1 document - £75 covering a value of £10,000, + £25 each additional £10,000 in value
To raise a T1 document we are requesting at least 24hours notice from point of receipt of your commercial invoice
TERMS OF BUSINESS: https://www.freightlogisticssolutions.co.uk/terms-of-business-client-11-20/