Authorized Economic Operator: Rights and Responsibilities

Who is the authorized economic operator? What does he do? What are his rights and obligations? What is the point of introducing this concept? What does she offer to customs? What prospects open up to subjects of economic activity? Questions that we will try to answer in the article.

general information

First, let's deal with terminology. An authorized economic operator is a legal entity that is involved in the international movement of goods and is recognized by the national customs authority as complying with the WCO security standards or other similar supply chain. Most often, manufacturers, exporters, importers, carriers, brokers, resellers, ports, terminals, airports, warehouses and distributors fall into this category.

How it all began

In the 70s of the last century, there was a tendency to shift the focus of attention of customs authorities to security in the international supply chain. In this regard, a number of special programs have been developed. Their goal is to achieve enhanced trade security throughout the world. The answer to the challenges and one of the solutions was the development of the concept of an authorized economic operator. Now, to obtain this status, the organization must make considerable efforts. But even its acquisition does not mean the end of the path. After all, this prestigious status must be constantly maintained. It should be noted that customs authorities often do not provide any more or less significant benefits to simplify trade procedures, which, alas, increases existing costs. Because of this, this tool is being implemented relatively slowly.

Implementation

What is the status of “authorized economic operator”? He has pros and cons, but the former exist on paper. Negative moments are slow progress. But first things first. Under this program, customs authorities are obliged to provide organizations with this status with a number of benefits. However, they (commercial structures) should closely interact with representatives from the sphere of trade.

This point is discussed in the sixth standard of the second section of the WCO. The document provides for the promotion of cooperation between trade participants and customs authorities in order to ensure the greatest possible simplification and a high level of security. But here it is worth talking about priority.

The fact is that the standard makes the main bet not on simplification, but on security. And this situation offers a certain dilemma. To solve it, special guidelines and a plan of benefits were developed. All this is aimed at reducing the number of inspections conducted, and also stipulates priority during their implementation. There are a number of positive aspects that allow you to use pre-registration, priority service in emergency situations.

Credentials

What is an authorized economic operator in the TC TC? Regulatory documentation gives the following answers:

1. A legal entity that meets the conditions contained in the thirty-ninth article of the code may use special simplifications provided for in the framework of the agreements concluded.
2. An organization may be assigned the status of an economic operator exclusively by customs authorities by issuing a certificate of inclusion in the register. But they confirm this state of affairs only in their country. If it is planned to operate in the territory of another state, then it is necessary to go through all the bureaucratic processes in order to obtain the status of “authorized economic operator”. A register of legal entities with such advantages exists within the national framework, but cooperation in the future between different states is not excluded, when one body issues a certificate, and the rest simply recognize it. Today, the procedure for issuing it is determined by the laws of individual countries.
3. The duties of the authorized economic operator include informing the customs authority about all changes in the information that are needed to obtain this status.

To verify the availability of powers and benefits, you should refer to the appropriate list. Where can I see data on whether the structure is really an authorized economic operator? FCS registry - this is where to look.

Conditions for obtaining status

A legal entity may become an authorized economic operator subject to the following provisions:

1. Providing data to the customs authority in the operating area of ​​which the entity is located. They indicate the payment of taxes and duties above a certain amount. Its specific size depends on the volume of activity. More loyal conditions for those companies that export.
2. The number of operations is at least twelve in annual terms until the time of treatment.
3. There is all the necessary documentation, including: a free-form statement with information that confirms compliance with the conditions, copies of constituent documents and an agreement on the purchase of the necessary software to work in this status.

Rights and obligations

After receiving the status, a certificate is issued for an indefinite period. It is executed in duplicate. And from that moment on, the legal entity is an authorized economic operator. The rights and obligations that status gives are quite numerous. Let's deal with them. So, responsibilities:

1. A legal entity shall, at the request of customs officials, submit all documents and information that is necessary for the performance of their tasks by public servants.
2. In case of changes, the authorized economic operator is obliged to inform about this and obtain new certificates.

Agree a bit. But more is right. The following simplifications can be applied to a subject with AEO status:

1. Temporarily store goods on the territory of a legal entity.
2. Release of transported products before the customs declaration is filed .
3. Conducting operations on the territory of a legal entity.

In fairness, it should be noted that these are simplifications. The rights and benefits derived from them will be further examined in more detail in order to understand the positive aspects of such an organization of interaction between government bodies and commercial structures. And one more thing: if a license is withdrawn from an authorized economic operator, then he has the right to submit a second application only after one year.

About the benefits

The whole essence of this idea comes down to creating a category of people who enjoy the trust of the customs authorities and facilitate their work. Therefore, further we will pay attention to the advantages of legal entities. Of course, not everything is implemented as we want. An authorized economic operator was no exception. Hopes and realities in this direction are different, but the direction of movement itself, of course, is positive. Earlier, the advantages were mentioned in passing, but now we will talk about them in more detail. So, the following is available to the operator:

1. The ability to store and arrange goods on its territory, to use them until the customs declaration is submitted.
2. Products can be delivered directly to storage facilities without presentation to the destination authority.
3. There are no restrictions on territorial declaration.
4. You can get an interest-free delay on the payment of customs payments for up to 40 days.

In work

In the interaction processes, authorized economic operators have several advantages:

• Upon preliminary declaration, the customs authority shall notify in advance of the desire to inspect the goods. This will prepare for inspection.
• You can specify one classification code for a product.
• It is possible to conclude a special agreement between the customs authority and the authorized economic operator, which determines the procedure for their work, the regulation of data exchange, transfer of seals. Other issues are being considered.
• A number of preferences are also provided when inspecting goods that move in transit. In this case, the customs authority may operate within the control zone without delivering products there.

Prospects

As relations and trade processes develop, there is a need for ever easier interaction between different structures and even within the framework of a single legal entity, but in different countries. Regarding the future, it can be said that mechanisms gradually used by state bodies will be improved.

Even the very idea of ​​authorized economic operators is a breakthrough. Yes, of course, it is slowly being introduced. But the process itself is going on. However, until he gains strength, all errors will be identified and eliminated, a lot of time will pass. But the result of this will be the opportunity to bring your work to a whole new level. And when this tool is fully implemented, the turn of another will come, which will also help facilitate the work and interaction between government bodies and commercial structures.