Customs law and international trade
A single product for importers and exporters: from structuring the foreign trade contract to defence against adjustments of the customs value. One client context - goods crossing the border.
Why businesses choose this PROCTOR practice
International trade no longer consists only of customs clearance or the signing of a contract. Every foreign trade transaction involves customs, tax, currency, sanctions, corporate and international commercial law at the same time.
That is why the PROCTOR team supports international business comprehensively. We assess the whole chain of foreign trade activity - from structuring the international transaction and signing the contract through to customs clearance, currency control, dispute resolution and the enforcement of court or arbitral awards.
For our clients this means not support for a separate legal step, but a secure model of international business, able to work amid a changing regulatory environment, international sanctions, trade restrictions and a high level of state control.
It is this approach that gives foreign trade activity its stability, protects investment and supports the long-term growth of an international business.
Customs clearance of complex goods
Legal support for the import and export of goods under non-standard regimes: tolling raw materials, temporary admission, processing, re-export. Preparation of the documents that evidence value and origin.
Country of origin and preferential regimes
Confirming the preferential origin of goods so that the reduced duty rates under free trade agreements apply (the EU, EFTA, Canada, the United Kingdom). Defence during the verification of certificates of origin.
Defence in smuggling cases
Criminal defence in proceedings concerning smuggling and evasion of customs payments. Drawing the line between administrative and criminal liability, and work with valuation expert reports.
Authorised economic operator (AEO)
Support in obtaining AEO status, which simplifies customs formalities: assessing compliance with the criteria, preparing for self-assessment and for the review by the customs authority.
Lines of work
The services this practice runs.
- Challenging customs value adjustmentsCancelling customs decisions that increase the customs value of goods, both administratively and in court. Recovering customs payments overpaid to the budget.
- Customs disputes: tariff classification and customs offencesWe defend the declarant's position on the commodity code that determines duty rates and non-tariff measures: we obtain advance classification rulings and challenge decisions of the customs authority changing the code. We handle customs offence cases, challenge reports and rulings, and prevent the confiscation of goods and vehicles.
- International trade and foreign trade contractsWe draft foreign trade contracts and select Incoterms 2020 terms, and we support currency supervision of settlements and export control of dual-use goods. We represent producers and importers in anti-dumping and safeguard investigations, help to overcome barriers on foreign markets and handle disputes under the Vienna Convention.
How we run a foreign trade transaction
The path from checking the contract and the goods to customs clearance, settlements and defence in a dispute.
01
Audit of the transaction
We go through the contract, the goods, the logistics and the settlement scheme, and find the places where customs or the bank will ask questions. The client receives a list of the risks.
02
Classification and customs value
We determine the UKTZED code, the country of origin and the structure of the customs value. We prepare the documents that evidence price and origin before the declaration is filed.
03
Support during clearance
We work with the declarant and the broker during clearance, answer requests from customs for additional documents, and record the grounds of every decision for a later defence.
04
Currency supervision of settlements
We track the statutory deadlines for settlements under exports and imports, prepare the documents that remove the transaction from currency supervision, and close the bank's questions.
05
Defence in a dispute
We challenge customs decisions administratively and in court, and handle customs offence cases and commercial disputes under the contract through to enforcement of the award.
Formats of foreign trade support
We choose the format by the volume of foreign trade: from a single delivery to the standing support of the whole line.
Legal review of a transaction
A one-off check of the contract, the commodity code and the documents of a single delivery. The result is a written opinion with the risks and what should be corrected before shipment.
One delivery end to end
We run a particular delivery from the signing of the contract to the release of the goods and the removal of the transaction from currency supervision, including replies to customs.
Standing foreign trade support
A team assigned to the import and export line: template contracts, classification rulings, work with the bank and defence in the customs disputes of the company.
The industries we do it in
The sectors of business this practice works in from the first day.
