Rui Pereira Pato - Customs Broker Ltd.

The Customs Broker and his helpers can practice on behalf of their constituents acts related to customs clearance of goods or merchandise, including baggage of travelers transported by any means, import or export.

The main function of customs broker is the formulation of the customs declaration of import or export, which is nothing more than the proposition of the destination to be given to goods subject to customs control, indicating the customs procedure applied to goods and communicating the information required Customs for the operation.

The verification of the goods, for identification or quantification, when needed, except in exceptional cases, is performed in the presence of the importer or his representative, in this case, the customs broker, which may receive it after its clearance.

Source: wikipédia

The documents used are substantially different, as we are to face an import/export, or with the purchase/sale.

No caso das trocas extracomunitárias de bens (importações e exportações), destacam-se pela sua importância, as licenças, as declarações e os certificados, o documento administrativo único, a factura comercial e o certificado de origem.

In the case of extra-Community trade in goods (imports and exports), distinguished by its importance, licenses, certificates and declarations, the single administrative document, the commercial invoice and certificate of origin. For more information see the headline "Documents Used in Trade"(October 2003 edition AICEP) in the Digital Library

Source: AICEP Portugal Global

Despite the free trade agreements with third countries would be the general rule on current, assuming an exceptional document issue prior to the operations of import and export, there are still some situations where those are needed.

These documents can take several forms: Licenses (for products subject to restrictions), Explanations (for goods subject to the system of statistical surveillance prior) and Certificates (where the law requires, as with most products agricultural).

The Direcção-Geral das Alfândegas e Impostos Especiais de Consumo (Direcção de Serviços de Licenciamento) is the entity responsible for issuing the documents mentioned above, not being allowed to clear the goods without presentation of the same.

Source: AICEP Portugal Global

• Commercial and Industrial Association of Porto Chamber of Commerce and Industry, Porto
• Commercial Association of Lisbon Chamber of Commerce and Industry Portuguese
• Portugal Business Association - Chamber of Commerce and Industry
• Commercial and Industrial Association of Funchal Chamber of Commerce and Industry of Wood
• Chamber of Commerce of Angra Heroism-Merchants Association, Industrial Importers and Exporters of the islands of Terceira, Graciosa and São Jorge
• Chamber of Commerce in Ponta Delgada, Merchants Association, Industrial, Exporters and Importers of the Island of Sao Miguel and Santa Maria
• Chamber of Commerce-Horta Merchants Association, Industrial Importers and Exporters of the islands of Faial, Pico, Flores and Corvo
• Chamber of Commerce and Industry Center
• Institute of Embroidery, Tapestry and Handicrafts
• Chamber of Commerce & Industry Arabic-Portuguese
• Chamber of Commerce and Industry Portugal - Angola

• Market Accsess Database (acesso gratuito);
• Fed Ex Trade Networks (acesso por assinatura).

Source: AICEP Portugal Global
 

Depending on the country of destination of the goods and type of products intended to be traded, the formalities may be substantially different.

With the support network of AICEP delegations abroad and with the collaboration of other entities (Embassies and Chambers of Commerce), the Unity of Knowledge Market could gather, the applicant, specific information of a regulatory nature, among others, in particular on a:

• Import formalities in the country x;
• Import restrictions (quotas / tariff);
• Customs duties and other fees;
• Technical regulation of products;
• Information about systematic import regimes in international markets may be obtained by consulting the Digital Library as well as the page of this site dedicated to foreign markets.

Systematic information on import arrangements in international markets may be obtained by consulting the Digital Library as well as the page of this site dedicated to foreign markets.

Interested parties may also consult the web site "Market Access Database, " the responsibility of the European Commission, which provides information on trade policy in third countries, barriers to trade with those countries (customs and technical) and investment between other relevant information

The procedures used do not differ much from the national. There is always a pre-negotiation stage where it shows a business proposal, usually borne by the seller and the counterproposal by the buyer.

The contract becomes perfect when both parties reach a consensus and write their own clauses, which need not be reduced to writing to be valid (although in practice the written form is most desirable).

The specificity of these contracts is the fact that the contractors have different nationalities and the contract may have connection with different legal systems.

Hence, in this case, be allowed the parties choose the law applicable to the contract (law of the seller, buyer or a third), provided that such choice does not present a fraudulent character, to help avoid the application of mandatory rules, which can not be waived by the parties.

More detailed information on the subject can be obtained from the National Delegation of the Portuguese Chamber of Commerce

To ensure greater legal certainty and clarity in the application of international law concerning contractual relations, was signed by Member States, the then European Economic Community, a convention on the law applicable to contractual obligations, known in short as the Rome Convention, aimed at in EU countries to create a set of uniform rules of law in the field of contracts, and which embraces the essential guidelines and principles described above.

The Convention and its protocols were approved by Resolution of the Assembly 3 / 94, 3 February. Notice No. 240/94 of September 19, lays down conditions for applying the same in Portugal and the entry into force.

In order to proceed with the standardization of international rules for the interpretation of terms and phrases commonly used in international trade, the International Chamber of Commerce (ICC) approved a set of acronyms assigned to Incoterms.

In this sense, the Incoterms can, simplistically, be defined as being the terms used in international trade, through which an importer and exporter define the rights and obligations on each one, since there has been agreement between the parties for their use.

For additional information on this subject see the Portuguese National Delegation of the International Chamber of Commerce.

Incoterms are as optional, and its use is only dependent on the willingness of the parties, with the success of an international business depends largely on the previous definition, so clear and precise as possible, the various duties and obligations that the individual one of the parties under the contract (to know on whose behalf they run the shipping costs, insurance, freight; which time the goods become the responsibility of the buyer, who is responsible for lost, misdirected or defects of goods, etc.).. These are the objectives that Incoterms seek.

Moreover, the use of different Incoterms is not tight, ie, it is perfectly permissible to use multiple Incoterms, or even the creation of a new by combining the features of several, since this was the intention expressed by shares and is duly explained in the documents with titles commerce operation. For additional information on this subject see the Portuguese National Delegation of the International Chamber of Commerce.

Depending on the degree of knowledge and trust established between the parties there are various methods of payment applicable to trade with foreign countries, which can be grouped into two distinct categories, depending on how documents are exchanged:

• Operations of Liquidation Direct - the documents are sent directly to the purchaser of the goods. Comprising two modes of payment: Cheque and Money Order.
• Operations Documentary - The transmission of documents is always done through banks. Included are the following forms of payment: Remittances and Documentary Documentary Credits. Considering the safety of their operations, the parties may choose the modalities that best meet the interests at stake.

Considering that the development of international trade relations have been acquiring and growing number of traders involved in this activity, the documentary credit has become the most widely used means of payment and insurance to safeguard the interests of various actors in international trade operations.

For more information see the title "International Settlements (June 2004 edition AICEP) in the Digital Library.