The authorization of customs clearance is a key document in the process of import and export of goods that serves to authorize a customs representative to manage the bureaucratic procedures involved in international trade processes.
This document also serves for the customs representative, in this case Gecotex, to represent the client in various aspects and customs procedures such as the following:
- 1. Request the refund of undue income
- 2. Act in sanctioning procedures
- 3. Tariff classification of merchandise
Although this authorization is not essential in all import and export processes, in most cases companies that have international trade activity end up hiring external companies for this purpose. The bureaucratic complexity necessary to carry out the autorozation of customs clearance is long and tedious.
The customs agents that have the Authorized Economic Operator certificate (as is the case of Gecotex) also have more advantages in terms of authorization of customs clearance. This is due to the fact that the status of the OAS offers more agility when it comes to resolving bureaucratic procedures and this ends up having a noticeable effect in a shorter time of action by the customs representative.
We find two types of authorizations according to the frequency of collaboration between the client and the customs agent
Authorization for each operation
It is an authorization in a timely manner in which the customs agent represents a company in a specific operation. The operation is usually identified with a commercial invoice resulting from the operation carried out of freight transport.
As its name indicates, it is an indefinite authorization in which the client hires the customs agent in a constant manner in all import and export operations.
Below we offer a series of legal regulations that regulate the authorization of customs clearance in the Kingdom of Spain:
Article 5 of the Customs Code (Regulation EEC 2913/92) Art. 46 of the General Tax Law (Law 58/2003) Arts. 8 and 16 of OM 11838 of June 9, 2000 Article 45 of the Customs Ordinances
General questions about the document:
IMPORTANT: Photocopies or scanned documents are not accepted. The Customs only allows original documents and therefore it is not admitted under any circumstances that the authorizations are photocopies or scanned documents.
How is the authorization sent?
By not allowing photocopies or scans the authorization can only be sent in physical format either by mail or by a messenger.
What data should we incorporate?
For the authorization must indicate the complete data of the company or self-employed that imports or exports the goods s: name or business name, address, CIF and also the data of the customs representative. The authorizations per operation must also include the commercial invoice.
What type of signature do they ask for (recognition)?
It will be necessary to provide one of these two types of signatures:
1. Bank recognition: Stamped by a bank. The document certifies that the person signing it has the power to sign the authorization.
2. Inclusion of proxy data: the authorization of data of the empowerment deed should be indicated