Customs Broker Contract #.doc

Customs Brokers Contract # _-_ Moscow _ _ 2009 _, 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 clients instructions. Clients 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 clients 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 Customers 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 Treatys 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 Customers 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 Brokers 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 Customers 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 Clients 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 Clients 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