Rights of Customs Brokers
Customs brokers are specialized professionals employed by companies, governments and individuals to facilitate lawful entry of shipments that are imported or exported across international borders. Customs brokers navigate through complicated paperwork and exchange vital information with customs authorities. They assess the needs of a business, helping to ensure accuracy and compliance with customs laws.
As the relationship between customs brokers and their clients is a legally binding contract, it is important for customers to understand their rights when engaging the services of a customs broker.
The Right to Quality Service
Customers have the right to expect quality service from their customs broker. This includes expectations of responsiveness, accurate information and efficient procedures. The customer has a right to expect the broker to act in a professional and reliable manner, especially when it comes to keeping track of documentation and meeting required deadlines. Ideally, customs brokers should provide value to business customers beyond just simplifying the customs process, such as offering tariff advice to help companies save money.
The Right to Release of Information
Customers have the right to know how their information is being used and shared, especially when it comes to international shipments. On a customer’s behalf, brokers must exchange vital information with customs authorities, such as commercial invoices, certificates of origin and bills of lading. Therefore, it is important that customs brokers be transparent with their customers in regards to the purpose of sharing documents, use of sensitive information and the scope of confidential information that is shared. Prior to retaining their services, customers can inquire how their information will be handled and give their broker permission to exchange the required documents with the customs authority when necessary.
The Right to Privacy
Before a customs broker is permitted to disclose information about a customer’s shipment, the customer must sign a Privacy Waiver Form. This is a legal authorization that allows the broker to get access to the customer’s shipment records from the customs office, as well as access to the customs entry papers. Without a signed waiver form, a customs broker cannot legally access confidential information and therefore cannot fulfill their duties on the customer’s behalf.
The Right to Reasonable Fees
Customers have the right to receive a detailed breakdown of the services for which they will be charged and the dollar amount for each fee. This fee structure should be agreed upon between the customs broker and the customer before the process begins. It should be clear how long each process takes and how much a customer should expect to pay per step of the process. If the total cost exceeds the estimated amount agreed upon, the customer should understand why before proceeding with additional services.
The Right to Representation
The client has the right to petition the broker to represent them in a variety of customs proceedings, including those related to import and export regulations and matters involving documented evidence. The customer has the right to receive assistance in negotiating with customs authorities and preparing documents who must be filed with customs in order to comply with customs laws.
Customs brokers play an important role in the import and export process, as they facilitate vital information exchange with customs authorities on behalf of their customers. It is essential for customers to understand their rights when engaging the services of a customs broker, and recognize that all communication should be transparent and honest with their broker. As the customer of a customs broker, customers have the right to expect quality, reliable service at a reasonable cost that is tailored to meet the individualized needs of their business.
