The Customs Brokers Center (CDA) understands that the activity of its associates is affected by the new AFIP Resolution 4259/2018 that triples the FOB value of the merchandise that can be imported through the postal service providers PSP/Courier. The indicated regulation raises the value that can be imported through air express mail services from 1000 to 3000 dollars. Meanwhile, exports were fixed at 1000 dollars.
In order to do so, on June 15, 2018, in addition to requesting a reconsideration and suspension request from the AFIP itself, the CDA went to court raising a precautionary measure in order to resolve to suspend the effects of the resolution 4259 as a preventive measure, until the challenge against such rule is resolved.
While it is true that the role of Customs lies, from the perspective that the World Customs Organization (WCO) seeks to generate, in facilitating international trade, turning Customs into a facilitator without losing its essence of control, the fundamental role of the broker in this facilitation cannot be overlooked.
Since the records of the first customs clearance of that shipment from Brazil, on June 1, 1586, the date established as Customs Day (Resolution 792/1962), it has been noted that in international trade it turns out to be the first support of nations, which in order to put it into practice, must be completed and developed by qualified personnel, with a high degree of professionalism.
The passage of time further justifies the due professional exercise in international trade activity. Indeed, from that import clearance, through free trade with Spain during the first Viceroyalty in 1777; the nationalization of Customs with its tax scheme in 1853; the Asunción Agreement that gave rise to Mercosur in 1991, until today; it has been reaffirmed in practice that the customs broker is the main protagonist and the fundamental link in foreign trade and consequently, the need to recognize him as a key professional, even in the evolution, modernization and digitalization of Customs and international trade.
The customs broker is not a mere link between Customs and the importer/exporter, nor a principal to manage the time of verification of a merchandise. He is the professional who It safeguards all foreign trade activity, taking it to high professional levels, in full and detailed advice for those who need to comply with all the requirements mandated by the regulatory framework for the introduction and/or extraction of merchandise. Their work is carried out before the merchandise enters the customs territory, continues with its arrival, clearance and even after it. Without forgetting that the law imposes it as the first control arm of Customs. By designating it as a “customs auxiliary”, it entrusts it with that level of participation and responsibility. Not for nothing, internationally it is called a Private Agent of Public Interest and is recognized as a Minister of Faith.
International trade is one of the economic activities with the greatest movement based on the policies of the States; this is observed in the “international agreements”; “regulatory changes”; “modernization systems in the entire transfer mechanism”; “control”; “variation in quality and type of merchandise”; “classification and valuation frameworks and criteria”; “new systems and digitalization of their mechanisms”. This dynamism implies the need for those who carry out such activity to be permanently aligned with the update of customs regimes, both international and national, being relevant to be a suitable and trained professional.
Based on this, it is important to look at the freight forwarder as what he is, that is to say, a professional and the main link in the activity of international trade, allowing from the beginning the facilitation through the clear framework of his suitability, which with his action promotes agility in the stage of entry or exit of the goods, even in times of modernization and digitalization of customs.
The freight forwarder should not be seen as an intermediary and it would be far from certain to try to distance him from his proper action in import and/or export activities.
Customs should remember that the broker is the first control arm that it holds, the customs assistant who, prior to the knowledge of the customs service, carries out the necessary control exercises regarding the determination of compliance with all the regimes that a merchandise must be subject to, allowing control and advice to the importer/exporter, generating transparency, facilitation and agility. A task that should not rely on the improvisation of third parties even through new digital systems and/or facilitating regimes.
Therefore, in order to speed up international trade, the presence of both Customs and the freight forwarder must always be essential to achieve facilitation, as other countries maintain.
By: Dr. Guillermo Felipe Coronel
Aduana News is the first Argentine customs newspaper to launch its digital version. With 20 years of experience, its publications and initiatives aim to provide the most relevant knowledge on customs issues in order to contribute to safe trade in the region.
