Customs Broker Agreement Template for Germany

This Customs Broker Agreement is essential for companies engaged in international trade operations in Germany, providing a legal framework for the relationship between businesses and their customs clearance representatives. The document is particularly crucial given Germany's position as a major EU trading hub and the complex regulatory environment governed by both EU and German customs laws. The agreement covers crucial aspects such as customs declaration processes, duty payments, regulatory compliance, and risk allocation. It is designed to comply with the Union Customs Code (UCC), German Customs Administration Act (ZollVG), and related regulations. Companies typically require this agreement when they need professional assistance in managing customs clearance procedures, import/export documentation, and compliance with international trade regulations.

1. Parties: Identification of the customs broker and the client, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement, including the client's need for customs clearance services and the broker's qualifications

3. Definitions: Key terms used throughout the agreement, including technical customs terminology and agreement-specific definitions

4. Appointment and Scope of Services: Formal appointment of the broker and detailed description of customs clearance and related services to be provided

5. Authorization and Power of Attorney: Specific powers granted to the broker to act on behalf of the client with customs authorities

6. Obligations of the Broker: Broker's duties, including compliance with customs regulations, documentation requirements, and service standards

7. Client's Obligations: Client's responsibilities, including providing accurate information, necessary documentation, and timely responses

8. Fees and Payment Terms: Detailed fee structure, payment terms, and handling of customs duties and taxes

9. Representations and Warranties: Statements of fact and promises made by both parties regarding their capacity and compliance

10. Liability and Indemnification: Allocation of risks, limitation of liability, and indemnification obligations

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: GDPR compliance and data handling procedures

13. Term and Termination: Duration of the agreement and circumstances for termination

14. Governing Law and Jurisdiction: Application of German law and jurisdiction for dispute resolution

15. General Provisions: Standard clauses including notices, amendments, and severability