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Provisions For Customs Brokers

Original Language Title: Noteikumi par muitas brokeriem

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The Republic of Latvia Cabinet of Ministers of 28 July 1998 in the Regulation No. 272 (in Riga. No 40, § 12.) the rules on the customs broker issued pursuant to the Customs Act 149. the first paragraph of article i. General questions 1. These rules shall determine the customs broker (brokers) activities and procedures to be issued a permit for the operation of the customs broker.
2. Brokers or independently, in accordance with the agreements concluded with the shipper, the consignee, the shipper, carrier or other movements of goods across the customs frontier shall provide for individuals or that person in the name of and on behalf of the broker's services, ensuring all customs clearance activities provided for in the law, and by law in certain customs and other charges.
3. Confidential information that brokers receive when providing services, not the broker's brokers, not its employees not to disclose, use for personal purposes, as well as transfer to third parties or public authorities, except in cases provided for by the legislation.
4. Broker — physical person, the Customs authorities at the border and inland (to the customs territory of the Republic of Latvia) their activities provide the same, brokers — a legal person with its employees. The State revenue service lease brokers place or space to work in or at the border inspection post.
II. Authorization for the operation of the customs broker for the broker's 5 status and initiate action, you must get the permission of the State revenue service customs broker activity (hereinafter licence). Broker is the person of the Republic of Latvia.
6. A physical person can get permission if it: is not penalized for 6.1 intentional crime;
6.2. has received a customs clearance specialist certificate (hereinafter certificate).
7. A legal person may be authorised if: 7.1 in accordance with the Statute is entitled to provide customs brokerage services;
7.2. has concluded a contract with at least one individual who received a certificate.
8. in order to receive the permit, the person shall submit to the State revenue service a written application stating the certified person's first name, last name, and ID number, certificate number, date and place of issue and confirms that the person has been convicted for an intentional crime. The application shall be accompanied by the documents of this dust: 8.1. legal person-Statute of the company (the company) and registration certificates notarized and certified copy of identity card of the person in the document notarized copy;
8.2. the natural person, the identity document notarised copy;
8.3. the documents (certificates), which shows that before the date of the application paid taxes, settlement of other obligations related to the country and met the previous year's tax evasion;
8.4. (d) the documents contained evidence to receive the most comprehensive guarantee not less than 200000 dollars, the customs debt incurred related to the temporary storage of goods and customs procedures.
9. the application of the State revenue service examine within 15 days from the date of adoption.
10. If the State revenue service took the decision on the refusal to issue a permit for the reasons for the refusal within five working days from the date of adoption of the decision in writing to the applicant.
11. If the State revenue service has adopted a decision on the permit, the permit is issued within five working days from the date on which the authorisation holder shall submit to the State revenue service guarantee for the customs debt incurred and paid the State fee, set by the Cabinet of Ministers. Allo a uj is issued without a time limit. The authorisation shall take effect on the date of issue or the date indicated in the order.
12. the authorisation shall specify: 12.1. date of issue;
12.2. the company (company) name (legal person) or the name and code of the political agenda; pe (physical person);
12.3. taxpayer registration certificate number and its date of issue;
12.4. the name of the Customs Office, which controls the brokerage operation.
13. the application and attached documents as well as copies of licences issued, kept in the State revenue service.
III. the Broker services contract 14. Brokers services are provided under a contract concluded in writing to the broker and the owner of the goods or his authorised person (hereinafter client).
15. Concluding a contract for broker's services, the customer is obliged to provide all necessary information on service of cargo to broker to make it possible to assess any possible risks (including risks relating to the calculation and payment of customs fees).
IV. Bro kera 16. rights and obligations of the Broker shall have the right to: 16.1. to determine the amount of goods that will be suitable for certain customs procedures or pirmsmuitošan activities and, on this basis, to calculate the amount of the guarantee required;
16.2. take all the (technical, legal and financial) activities related to the movement of goods across the customs frontier (Declaration, presentation of goods to customs authorities and other control services, storage, URu.tml);
16.3. to determine the procedures to be taken in payment of taxes and fees and charges by the customer service of the goods passed to the broker's service;
16.4. in the name of and on behalf of the client, and his features to design a trade insurance and their importation or exportation necessary documents;
16.5. to choose the storage and preservation of goods, if otherwise specified in the contract;
16.6. to place the goods under the temporary storage, customs authorities in specified places;
10.4. the legislation in order to deal with the goods, without waiting for instructions from the customer, in the following cases: 1. If the 16.7 need creates the condition of the goods;
16.7.2. If the storage costs are disproportionately high in comparison to the value of the goods;
16.7.3. If the contract is not received within the time limit set out in the instructions from the client.
17. the right to dispose of the goods brokers marketed under the following conditions: 17.1. about his action shall immediately notify customer;
17.2. the customer shall submit the relevant documents (Customs and other inspection services inspections, expert opinion, komercakt of the URu.tml.), which confirms the right to dispose of the goods, without awaiting instructions from the client;
17.3. the payment at the customer's request, submit the documents resulting from the handling of goods.
18. The Broker's responsibilities include: 18.1. in accordance with the signed agreement to represent the customer's interests in all with the movement of goods across the customs border related authorities;
18.2. to provide the necessary information to the customer, to ensure the implementation of the contract;

18.3. moving goods across the customs border, provide all the customs procedures for the implementation of operations;
18.4. each month until the tenth u submit to control by the Customs authorities determine the model Customs Administration report on its activities during the reporting period (control of the customs authority has the right to extend the deadline for the submission of the report, but may not exceed months i);
18.5. to take account of the goods being cleared through customs registration and storage of the State revenue service.
19. Broker — natural person — or certified person who concluded a contract of employment with the brokerage — — a legal person, it challenge is right: 19.1. do all (technical, legal and financial) activities related to the movement of goods across the customs frontier (Declaration, presentation of goods to customs and other control services URu.tml.);
19.2. to design a product which the importation or exportation and necessary documents;
19.3. to place the goods under the temporary storage;
19.4. example of electronic declaration procedure;
19.5. to perform other activities according to the broker's agreement with the client.
20. If the certified person shall conclude a contract with the broker, the legal person — and is a broker, certified personal rights, duties and responsibilities of the work contract.
21. the Broker is responsible for actions carried out in the process of customs clearance broker or even run the EC.
V. certificate procedure 22. You can obtain a certificate in the physical person who is punished for an intentional crime.
23. the training courses organized for obtaining the certificate for international economic relations and the base of the Institute. All the training course-related costs shall be borne by the trainee.
24. the certificate shall be issued after examination. International economic relations and customs Institute set training program content, to learn, to obtain a certificate, as well as the examination criteria.
25. the certificate shall be issued for a period of three years. To obtain a new certificate to the person who wants to receive it until the end of this period you must pass a customs clearance specialist exam.
Vi. Closing questions 26. Regulations shall enter into force by 1 October 1998.
 
Prime Minister g. shore Finance Minister r. tit