Letter of empowerment for appointment of Customs Agent as Indirect Representative
This letter of empowerment conveys authority for the Customs Agent(s) (as defined at B. below) to act as “Customs agent”* to make Customs declarations in the Customs Agent’(s’) own name(s) as Indirect Representative* on behalf of the Principal (as defined at A. below).
* in each case as defined in Section 21 of the Taxation (Cross-border Trade) Act 2018 (the “Act”).
By completing the fields below I confirm my authority to sign on behalf of said company and hereby appoint:
DSV Road Limited EORI No. GB759894254003
(the “Customs Agent(s)”)
to act on behalf of the Principal in the capacity of an Indirect Representative (the “Appointment”). The Appointment applies in respect of all consignments imported to, or exported from, the UK by the Principal.
The Appointment applies with effect for 4 years from the date of signature, unless cancelled by the Principal or the Customs Agent(s) upon 14 days’ written notice.
The Principal also authorises the Customs Agent(s) to sub-contract or otherwise delegate customs clearance to a sub-agent (or sub-agents), and, insofar as necessary, confirms its authority for such sub-agent(s) to act as Indirect Representative* of the Principal in respect of all consignments imported to, or exported from, the UK by the Principal.
A. In accordance with Section 21 of the Act, an Indirect Representative will act in its own name on behalf of its principal. The two parties are jointly and severally liable to HMRC in respect of all customs declarations made pursuant to the Appointment.
B. The Principal warrants that:
i. in relation to any and every movement of goods for which the Customs Agent(s) provide(s) services pursuant to the Appointment, the Principal shall provide to the Customs Agent full and complete information as to the nature of the transaction. This includes full information relative to the goods including but not limited to- classification of the goods, valuation of the goods for customs purposes, any specific import or export controls relevant to the goods declared including details required to establish the correct rate of customs duties or taxes.
ii. it will provide full disclosure, where requested, of the nature of any underlying transaction relating to goods imported or exported pursuant to the Appointment, including, without limitation, evidence of an arm’s length transaction or that the Principal is repositioning its own stock pending a sale or where the movement of goods arises for any other purpose. Such evidence shall include proof of a lawful customs valuation and the complete supporting evidence substantiating that proper customs valuation.
iii. it is not incorporated in the UK with Companies House, does not have a permanent place in the UK where it carries out business activities and/or is not otherwise established in the UK.
C. The Principal hereby indemnifies and shall keep indemnified, defend and hold harmless the Custom Agent(s) in full from, against and in respect of all and any losses, costs, claims, liabilities, damages, demands, fines, legal costs and other expenses suffered or incurred by the Customs Agent(s) arising (whether directly or indirectly) out of, or in connection with, the Appointment.
D. All services provided by the Customs Agent(s), and any sub-agent, on the instruction of the Principal (whether pursuant to the Appointment or otherwise) shall be performed in accordance with and subject to the Standard Trading Conditions of the British International Freight Association (2021 Edition) (“the BIFA Terms”). Particular attention is drawn to the following:
The Customs Agent(s) under this letter of empowerment shall be the Company for the purposes of the BIFA Terms.
The Principal under this letter of empowerment shall be the Customer for the purposes of the BIFA Terms.
| Provision in BIFA Terms | Subject matter |
| 12(B) | Customer’s responsibility for freight, duties, charges, dues or other expenses where Company has agreed to collect from consignee. |
| 17(A) | Customer’s warranty regarding description of goods and services. |
| 20(A) | Customer’s indemnity in favour of Company where Company is acting in accordance with Customer’s instructions. |
| 21 | Payment by Customer is of the essence and Company’s right to accelerated receipt of outstanding amounts. |
| 24 | Company’s exclusion of liability for losses arising from events outside its control |
| 26 | Company’s limits of liabilities. |
| 27 | Time limits for claims advanced by Customer. |
E. The construction of this letter of empowerment and all disputes arising pursuant to its terms and/or the Appointment are subject to English law and the exclusive jurisdiction of the Courts of England & Wales.
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