FLS - Customs Direct Representation Confirmation

By completing this form you are providing authorisation for FLS to act on your behalf as a Customs Agent.  You are providing written agreement for FLS to directly act in your name for customs declarations.  This empowerment is open ended covering multiple shipments over an unspecified time frame and will operate until such time as you notify otherwise.  FLS may use this form as documentary evidence of empowerment for the purposes of HMRC and in accordance with Union Customs Code (UCC).

New Direct Representation rules were introduced in 2021. HMRC has issued key messages about these rules which can be accessed here: https://www.gov.uk/guidance/appoint-someone-to-deal-with-customs-on-your-behalf.

Customs Agents who are representing UK established traders can use their authorisation on behalf of traders in a direct capacity. If you are a UK established trader, you are deemed the declarant and obliged to meet all the obligations arising from the declaration. You will be responsible for all record keeping and providing an audit trail.  If you provide clear and accurate instructions and FLS makes an error FLS cannot rely on the protection of Direct Representation. The overall responsibilities of FLS under direct representation will not change.

• Goods will be accepted for international carriage and subcontracted only subject to the BIFA Standard Trading Conditions 2021.  Clause 7 of the BIFA Standard Trading Conditions 2021 edition states “In all and any dealings with HMRC, for and on behalf of the UK established Customer and/or Owner, the Company is deemed to be appointed and duly empowered to act as a Direct Customs Agent only, to make Customs declarations in the name of the Customer (Principal) as their “Direct Agent”.”
• FLS has their own Duty Deferment Account (DDA). For UK based Traders, FLS will agree with them whose DDA will be used for payment.
• You acknowledge and accept the BIFA Standard Trading Conditions 2021 are part of FLS’ standard Terms of Business and form the contractual basis upon which business will be conducted.
• FLS has the right to subcontract or assign the services required under this engagement and confirmation.
• 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

TERMS OF BUSINESS: https://www.freightlogisticssolutions.co.uk/wp-content/uploads/2022/01/FLS-Client-Terms.pdf

I hereby appoint Freight Logistics Solutions Limited (EORI No.) GB2450223450000  (“Freight Logistics Solutions”) to act on behalf of the Company in the capacity of direct Customs agent in accordance with Schedule 21 Customs Agents of the Taxation (Cross Border Trade) Act 2018. This authorisation is applicable to all consignments arriving in or departing from the UK.

This Appointment applies with effect from the date of signature until revoked by the Company.

The Company authorises Freight Logistics Solutions to delegate Customs clearance to sub agents as a direct Customs agent of the declarant in all dealings with HMRC where circumstances necessitate.

The Company authorises their representative, Freight Logistics Solutions, to declare goods to HMRC using

The Company accept the BIFA Standard Trading Conditions 2021 are part of FLS’ Standard Terms of Business and form the contractual basis upon which business will be conducted.

Please note, in accordance with Clause 21 Customs Agents of the Taxation (Cross Border Trade) Act 2018, a Direct Customs agent acts in the name of and on behalf of another person. In relation to import/export declarations, the importer/exporter will be liable for any Customs debt arising from the declaration.

 

BIFA conditions of carriage

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.

TERMS OF BUSINESS: https://www.freightlogisticssolutions.co.uk/wp-content/uploads/2022/01/FLS-Client-Terms.pdf