Customs brokerage – is a commercial entity established in accordance with legislation of the Azerbaijan Republic the operations of which comprised in implementation of operations on customs registration of cargoes and performance of other mediator services during execution of customs procedures on its name at the expense and by assignment of the person, moving cargo through customs borders of the Azerbaijan Republic.
Relations of clients and customs broker are based on contract. In the contract client assigns customs broker to implement one or more operations on customs registration of cargoes on his name, but at client’s expense.
Since 1989 mediators on customs documentation of cargo could be the entities recognized by customs authorities as “contract based declarers” in accordance with procedure established by section 7 of the Order No. 137 of the Main State Customs Control Committee of the USSR from 18.08.89 (edited from 10.11.97). Mediator declarers were issued special certificates “on recognition of organization as contract based declarer”. Customs code approved in 1997 has established that declarer of the goods can be the either the person moving cargoes across customs borders of Azerbaijan, or customs broker, holding special license. From June 1, 2006 by the decision of the State Customs Committee of Azerbaijan the customs broker may operate only in the event of existence of license of the State Customs Committee of the Azerbaijan Republic.
Activities of customs broker are limited by the terms of license, in which are determined categories of goods and types of transport, as well as license effectiveness territory. In receiving the license of the SCC of Azerbaijan the customs broker shall implement number of technical requirements, most important of which is security of liabilities before customs authorities. Security of liabilities of the customs broker can be provided by bank guarantee, mortgage of goods or payment of monetary means as deposit to customs authorities. Customs broker shall carry consolidated liability for payment of customs fees, payable during customs registration, as well as information contained in the State Customs Declaration.