What is the freight forwarder's liability in customs clearance?

The responsibility of a freight forwarder in customs clearance is based on both statutory obligations and the contractual relationship with the client. The freight forwarder acts as the importer’s representative and is responsible for the accuracy of customs declarations, submission of necessary documents, and proper handling of customs duties. Although the primary responsibility lies with the importer, the freight forwarder plays a significant role in ensuring the customs process is implemented according to law.

What is the freight forwarder’s responsibility in customs clearance?

The freight forwarder’s basic responsibility in customs clearance is to act as the client’s representative toward customs authorities and ensure proper implementation of the customs process. This responsibility is based on both customs legislation and the agreement between the freight forwarder and the client.

The freight forwarder’s statutory obligations include preparing customs declarations correctly and on time. The forwarder is responsible for the accuracy of the customs declaration content based on the information provided by the client. This means that the freight forwarder must verify the documents submitted by the client and ensure that the information provided to customs is truthful.

In our forwarding services, we handle all customs declarations, transport documents, certificates of origin, and other official documentation. Our responsibility also includes advising the client on submitting necessary documents and ensuring that the customs clearance process is as smooth and fast as possible.

In which situations is a freight forwarder released from liability in customs clearance?

A freight forwarder is released from liability in customs clearance in several situations, particularly when problems arise from the client’s actions or force majeure circumstances. Understanding these liability exemptions is important for both the forwarder and the client.

The most common basis for exemption from liability is incorrect information provided by the client. If the importer provides the freight forwarder with incorrect or incomplete information, the forwarder is generally not responsible for errors in the customs declaration based on this information. This applies to incorrect product descriptions, origin information, or customs tariff codes, for example.

The freight forwarder may also be released from liability if delays or errors result from the actions of authorities, unexpected legislative changes, or other unforeseen circumstances. Additionally, the forwarder’s liability can be contractually limited to a certain amount in euros, which is a common practice in the forwarding industry.

How does the freight forwarder’s responsibility differ from the importer’s responsibility in customs clearance?

The responsibilities of the freight forwarder and the importer in customs clearance differ significantly. The importer bears the ultimate responsibility for the accuracy of the customs declaration, while the freight forwarder acts as the client’s representative and service provider.

The importer has the primary financial responsibility for customs duties, taxes, and possible post-clearance recovery. Although the freight forwarder often pays duties and taxes on behalf of the importer, the importer is obligated to reimburse these costs and is ultimately liable for them.

The freight forwarder’s responsibility is mainly limited to the technical implementation of customs clearance and ensuring the accuracy of documents based on the information received. However, our forwarding services also include advising and guiding the client to help the importer fulfill their own obligations appropriately.

How does a freight forwarder ensure the legality of customs clearance?

A freight forwarder ensures the legality of customs clearance through a multi-stage process that begins with careful verification of documentation. This includes reviewing commercial invoices, packing lists, and certificates of origin.

An important part of the process is the correct customs classification of goods, which determines the applicable customs duties and potential import restrictions. The freight forwarder’s task is to determine the correct customs tariff code and ensure that the goods meet the requirements for any customs preferences.

With good preparation, we ensure smooth customs clearance and quick release of goods. For import clearance, we need a commercial invoice, possible packing list, the importer’s income information, AREX number, and documents entitling to customs preferences. We actively monitor changes in customs regulations and maintain regular communication with customs authorities.

A professional freight forwarder not only fulfills statutory obligations but also optimizes the efficiency and cost-effectiveness of the customs process. Our forwarding service is designed to ensure that customs clearance occurs quickly and accurately, which in turn accelerates the arrival of goods at their destination and minimizes additional costs.