Clearing And Forwarding Agent Agreement for the United States

Clearing And Forwarding Agent Agreement Template for United States

A comprehensive legal agreement governed by U.S. federal and state laws that establishes the relationship between a business entity and a clearing/forwarding agent. The agreement outlines the agent's responsibilities in handling customs clearance, documentation, transportation arrangements, and compliance with various U.S. customs and trade regulations. It includes specific provisions for liability, insurance requirements, service standards, and fee structures while ensuring adherence to federal regulations such as the Customs Modernization Act and Trade Facilitation and Trade Enforcement Act.

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What is a Clearing And Forwarding Agent Agreement?

The Clearing And Forwarding Agent Agreement is essential for businesses engaged in international trade within the U.S. regulatory framework. This document becomes necessary when companies require professional assistance in managing customs clearance, documentation, and logistics for their international shipments. It provides legal protection for both parties while ensuring compliance with U.S. customs regulations, trade laws, and security requirements. The agreement typically covers services ranging from customs documentation preparation to freight forwarding, incorporating requirements from various U.S. federal agencies including Customs and Border Protection, the Federal Maritime Commission, and other regulatory bodies.

What sections should be included in a Clearing And Forwarding Agent Agreement?

1. Parties: Identification of the principal and the clearing/forwarding agent with full legal details

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of clearing and forwarding services to be provided

5. Term and Termination: Duration of agreement and conditions for termination

6. Fees and Payment Terms: Compensation structure, payment schedules, and related terms

7. Obligations of the Agent: Specific responsibilities and duties of the clearing/forwarding agent

8. Obligations of the Principal: Responsibilities and duties of the principal

9. Compliance Requirements: Regulatory compliance obligations and licensing requirements

10. Liability and Indemnification: Risk allocation between parties and insurance requirements

What sections are optional to include in a Clearing And Forwarding Agent Agreement?

1. Non-Competition: Restrictions on agent's ability to work with competitors (used when exclusivity is required)

2. Performance Metrics: Specific KPIs and performance standards (used for large-volume or strategic relationships)

3. Technology Integration: Requirements for software/systems integration (used when specific technology platforms are required)

4. Training Requirements: Specific training obligations for agent's staff (used when handling specialized cargo or complex procedures)

5. Security Protocols: Special security requirements and procedures (used when handling high-value or sensitive cargo)

What schedules should be included in a Clearing And Forwarding Agent Agreement?

1. Schedule of Fees: Detailed breakdown of all charges and fees

2. Service Level Agreement: Detailed performance standards and metrics

3. Operating Procedures: Step-by-step procedures for handling different types of shipments

4. Insurance Requirements: Detailed insurance coverage requirements and limits

5. Compliance Checklist: List of required licenses, permits, and compliance requirements

6. Contact Details: List of key personnel and emergency contacts

7. Document Templates: Standard forms and documents to be used

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Cost

Free to use

Relevant legal definitions

Clauses

Relevant Industries

International Trade
Manufacturing
Retail
Logistics
E-commerce

Relevant Teams

Logistics Department
Supply Chain Team
Legal Department
Finance Department
Compliance Team
Procurement Team

Relevant Roles

Logistics Manager
Import/Export Manager
Supply Chain Director
Customs Compliance Officer
Procurement Manager

Industries

Customs Modernization Act: Federal law that modernizes customs procedures and enforcement, affecting how clearing agents must handle customs documentation and compliance

Tariff Act of 1930: Fundamental customs law establishing basic procedures for imports and duties, including provisions for customs brokers and agents

Trade Facilitation and Trade Enforcement Act: Modern legislation focusing on trade enforcement, intellectual property rights, and customs modernization

Export Administration Regulations (EAR): Regulations governing the export of commercial and dual-use items, which clearing agents must comply with when handling exports

International Traffic in Arms Regulations (ITAR): Regulations controlling the export and import of defense-related articles and services

Foreign Trade Regulations (FTR): Regulations governing the reporting of export information to the U.S. government

Shipping Act of 1984: Key maritime law governing ocean shipping practices and requirements for ocean transportation intermediaries

Ocean Transportation Intermediary Regulations: Specific regulations governing the activities of ocean freight forwarders and non-vessel operating common carriers

Carriage of Goods by Sea Act (COGSA): Law governing the rights and responsibilities in the international shipping of cargo by sea

Code of Federal Regulations (19 CFR): Comprehensive customs regulations that clearing agents must follow in their operations

C-TPAT Requirements: Customs-Trade Partnership Against Terrorism program requirements for supply chain security

Interstate Commerce Act: Federal law governing transportation of goods between states, including carrier responsibilities

Carmack Amendment: Law governing carrier liability for loss or damage to interstate shipments

USA PATRIOT Act: Anti-terrorism law with provisions affecting international trade and financial transactions

Maritime Transportation Security Act: Law establishing maritime security requirements and procedures

EPA Requirements: Environmental Protection Agency regulations affecting the transportation and handling of certain goods

Foreign Corrupt Practices Act (FCPA): Anti-bribery law affecting international business transactions and interactions with foreign officials

Anti-boycott Regulations: Regulations prohibiting participation in unsanctioned foreign boycotts

State Transportation Regulations: Various state-specific laws governing transportation and logistics within state boundaries

Customs Broker Licensing Requirements: Federal regulations governing the licensing and operation of customs brokers

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What is a Clearing And Forwarding Agent Agreement?

What sections should be included in a Clearing And Forwarding Agent Agreement?

What sections are optional to include in a Clearing And Forwarding Agent Agreement?

What schedules should be included in a Clearing And Forwarding Agent Agreement?

Authors

Alex Denne

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