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Customs Broker vs. Attorney in Fact

excelsior on February 16, 2018

During the process of importing-exporting, many companies will decide to hire a licensed Customs Broker to clear goods through customs and ensure all documentation is filled correctly. Customs Brokers are regulated by the Philippine Bureau of Customs (BoC) and are therefore authorized to assist importer-exporters in meeting the rules and regulations governing imports and exports.

However, with the passing of Customs Modernization and Tariff Act (CMTA) in 2016, the BoC has declared that engaging the services of licensed customs broker by an importer or exporter is now optional. According to BoC, the Act provides the importers and exporters with the option to

  • 1) engage the service of a licensed customs broker,
  • 2) assign an attorney in fact that will deal with the customs authorities on their behalf,
  • 3) clear their import/export goods by themselves.

Since the customs clearing process involves a series of tedious tasks, the latter may not be a viable option for most importer-exporters. This leaves us the question of who is more apt to do the customs clearing process: a customs broker or an attorney in fact?

What is a Customs Broker?

The Section 102(n) of the CMTA states that term Customs Broker refers to any person who is a bona fide holder of a valid Certificate of Registration/Professional Identification Card issued by the Professional Regulatory Board and Professional Regulation Commission pursuant to Republic Act No. 9280, as amended, otherwise known as the “Customs Brokers Act of 2004”.

Advantages of Hiring Customs Broker

  • Expertise in customs laws, rules and regulations for the clearance of imported or exported goods.
  • Has basic knowledge of how to prepare customs documentation and ensure that shipments meet all applicable laws to facilitate the import and export goods.
  • Can sign documents under power of attorney.

What is an Attorney in Fact?

According to Investopedia, an Attorney in Fact is a is a person who is authorized to perform business-related transactions on behalf of someone else (the principal, or in this context, the importer/exporter). To become someone’s attorney in fact, a person must have the principal sign a power of attorney document. This document designates the person as an agent, allowing him to perform actions in the principal’s stead.

Two Forms of Attorney in Fact

  • General Power of Attorney – Allows the attorney in fact to conduct all business and sign any document on behalf of the principal.
  • Special Power of Attorney – Allows the persons to sign documents and conduct business on the principal’s behalf only in specific situations.

Advantage of Hiring Attorney in Fact

  • Has knowledge on legal matters.

Overall, a licensed customs broker can provide more specific expertise about customs regulations and laws compared to an attorney in fact. This specialized knowledge very handy especially if you are new in the import-export business.

At Excelsior, we value your business and your time. This is why we want to offer you a customs brokerage service that is efficient, professional, and ethical.

Allow Excelsior Worldwide Freight Logistics Corp. to help you navigate the world of import and export. For any queries that you may have about our customs brokerage service, you may call us at (063) 525-9775, or you can send us an e-mail through wecare@excelsior.ph

How To Choose The Best Customs Broker

excelsior on September 2, 2016

How To Choose The Best Customs Broker

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Customs brokers provide professional and expert service on customs clearance
of goods during importing and exporting. Customs brokers are in charge of
making sure that the rules and regulations of international trade are consistently
met, and they are responsible for the interaction and communication with the
customs of a shipment’s country destination.

There are several factors that must be taken into consideration when it comes to
choosing the best customs broker.

1. Eligibility

The very first thing that you need to check with your customs broker is their
eligibility. Your customs broker must be a license holder, which means that he or
she is an accredited customs broker, and he or she has been able to pass the
licensure examination specific for customs brokers. Moreover, if you are looking
for a customs brokerage company, this company must empower its employees to
become licensed customs brokers.

In order to become a licensed customs broker, one must go through a four-year
course and take a licensure exam, which in the Philippines is administered and
regulated by the Philippine Regulatory Committee (PRC). The intensive
education process that licensed customs brokers goes through enables them to
have the confidence and efficiency that they need to carry out their
responsibilities.

Every country usually has an official list of active brokers from the government. It
will be wise to first check with this list for any customs broker that you will be able
to get in touch with.

For the official list released by the Bureau of Customs of the Philippines, the list
can be found here.

2. Technical Knowledge and Skills

Interfacing with the local and international customs is no mean feat.

The laws, rules, and regulatory requirements pertaining to transport of goods can
be very complex. This is why it is critical for your customs broker to have a high
level of technical knowledge, as well as access to up-to-date information when it
comes to shipments, importation, and exportation. Your customs broker must
have high understanding of entry protocols and requirements, valuation, fines and penalties, taxes, and the like.

3. Track record

It is also wise to ask industry peers for recommended customs brokers, as well
as existing clients of customs brokers for feedback regarding their performance.
This way, you can gauge their integrity, professionalism, and level expertise.

You might also want to consider making sure that your customs broker of choice
has no pending case with the customs of any country.

4. Specialty and experience

The ease of any work always depends on the experience of the one doing the
work. Customs brokerage is no different. You need to consider working with a
customs broker who has had experience, or better yet, has a specialization in the
handling of the goods that you will be shipping.

This way, you will not be caught off guard when it comes to duties, taxes, and regulations, or even obscure agreements and provisions, special cases, or some
exceptions to the rule, if there are any. After all, each country has a unique set of
shipping rules and regulations, and all goods are handled and shipped in a
specific way.

5. Professionalism and Integrity

The customs broker is the one who interfaces with customs in behalf of the
importer or exporter. This means that the customs broker is the one who
represents you and your business. In this regard, it is important to have a
customs broker who is able to satisfy all legal requirements in an efficient,
effective, and ethical way.

Moreover, the goods that you are shipping are valuable, and oftentimes irreplaceable. It is therefore important to make sure that these goods are being
handled by people only with utmost professionalism and unbreakable integrity.

Choosing to work with a customs broker is one thing, and choosing the best
customs broker for your business and your goods is another thing. It is important
to make sure that the customs broker you are working with actually has what it
takes to get the job done for you, and provide you with a service that is
exceptional and efficient.

Excelsior is a freight logistics corporation who not only moves your shipment, but
also takes care of customs clearance on your behalf. Excelsior has been
providing exceptional, excellent, and experienced service for 15 years,
throughout all the phases of shipment – from freight forwarding to customs
brokerage.

You can also be assured that at Excelsior, we value or partners (we treat our
people as partners, not employees). We support and encourage all partners to
become licensed customs brokers. This is to make sure that our clients are
provided only with excellent customs expertise and superior customer service. To
date, 80% of Excelsior Partners are customs administration graduates. Six of the
Excelsior Partners are licensed customs brokers; we are proud to note that this
number exceeds industry average today.

Allow Excelsior Worldwide to help you navigate through the world of import and
export. For more information on our customs brokerage services and to know
more about Excelsior, visit our website today at /. For any
queries that you may have, you may call us at (063) 5259775, or send us an
e-mail through wecare@excelsior.ph.

What Is a Customs Broker and Why Do You Need One?

excelsior on September 2, 2016

What Is a Customs Broker and Why Do You Need One?

Importing and exporting are two strategies currently being used in business expansion. In exporting, a business grows by tapping into international markets
and establishing international contacts. In importing, a business is able to provide
solutions to existing problems, as well as supply existing needs, through granting
access to products needed locally but only available elsewhere.

In the process of importing and exporting, the shipment will have to come in
contact with the customs, a government agency that manages and regulates the
flow of goods in and out of any country.

This is where a customs broker plays an important role.

A customs broker is a licensed individual or firm that ushers all shipment,
whether imported or exported, through customs. It is the broker who represents
the shipper when it comes to any dealings with the customs authorities, and
prepares the necessary documents for the shipment. A customs broker also
ensures that every phase of the shipment is consistent with the set rules and
regulations of goods transfers, which are unique, and not to mention constantly
changing, in every country.

Customs brokers also provide assistance when it comes to the classification, valuation, and entry protocols of goods, while making sure that all details and
necessary procedures associated are ironed out. Customs brokers also ensure
correct information with regard to taxes and tariffs, all in an effort to usher goods
towards its destination in an efficient and timely manner. The timely and efficient
ushering of shipment is critical because any form of delay in customs clearance
will cost a significant amount of time and money.

It is also important to note that communicating with different countries is no mean
feat, especially if there is a language barrier. In this sense, the customs broker
also serves as a translator, thereby ensuring that communication lines are not
broken or unduly diverted.

All in all, a customs broker performs all technical coordination functions relating
to importation, exportation, and overall goods transfers.

Because of the laborious nature of the processes involved in international trade,
as well as the technical requirements associated with importation, exportation,
and customs transactions, it is highly advisable for any business to avail of the
professional service offered by customs brokers. This way, businesses will have
the confidence and peace of mind that their shipments will be able to cross
international borders in a safe and efficient way. Furthermore, the services that
customs brokers provide enables business owners and staff to focus exactly on
what they need to focus on: managing their business.

As a business owner, getting a customs broker to help you with your shipment is
a wise business decision that will help you and your business remarkably. It is
not only practical, but also time and cost-efficient.

At Excelsior, we value your business and your time. This is why we want to offer
you a customs brokerage service that is efficient, professional, and ethical.

Allow Excelsior to assist you in the movement of your shipment, meet all of the
importation and exportation requirements on your behalf, and fulfill all
international trade and customs rules and regulations, all for a successful and
hassle-free shipment for you and your business.

To know more about Excelsior, visit http://www.excelsior.ph/.

Excelsior Worldwide Logistics Corp.