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Clearing And Forwarding Agent Agreement Template for Belgium

A comprehensive legal agreement governed by Belgian law that establishes the relationship between a clearing and forwarding agent and their client. The document outlines the agent's responsibilities for managing customs clearance, documentation, and forwarding services for the client's international shipments. It includes detailed provisions for regulatory compliance under Belgian and EU customs regulations, liability allocation, service scope, fee structures, and operational procedures. The agreement is particularly relevant for businesses operating through Belgian ports and logistics hubs, incorporating specific requirements of Belgian commercial law and EU customs regulations.

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What is a Clearing And Forwarding Agent Agreement?

The Clearing And Forwarding Agent Agreement is essential for companies engaged in international trade through Belgian ports and logistics hubs. This document is typically used when a company needs to formalize its relationship with a professional customs broker and forwarding agent who will handle their customs clearance, documentation, and shipping arrangements. The agreement is structured to comply with Belgian commercial law, EU customs regulations, and international trade practices. It addresses critical aspects such as customs representation, liability, insurance requirements, service levels, and fee structures. The document is particularly important given Belgium's position as a major European logistics hub and the complex regulatory environment surrounding international trade. It provides legal protection for both parties while ensuring clear operational guidelines and regulatory compliance.

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

1. Parties: Identification of the clearing and forwarding agent and the client, including full legal names, registration numbers, and addresses

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

3. Definitions: Definitions of key terms used throughout the agreement, including technical customs and shipping terminology

4. Appointment and Scope of Services: Formal appointment of the agent and detailed description of services to be provided

5. Agent's Obligations: Detailed responsibilities of the clearing and forwarding agent, including customs documentation, compliance, and communication requirements

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

7. Customs Procedures and Documentation: Specific procedures for handling customs clearance, required documentation, and compliance with customs regulations

8. Fees and Payment Terms: Detailed fee structure, payment terms, additional charges, and invoicing procedures

9. Liability and Indemnification: Allocation of risks, limitation of liability, and indemnification obligations of both parties

10. Insurance: Required insurance coverage and minimum insurance limits

11. Confidentiality: Obligations regarding confidential information and trade secrets

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

13. Force Majeure: Provisions for unforeseen circumstances affecting performance

14. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes

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

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

1. Exclusive Appointment: Section defining exclusivity of the agent's appointment, used when the client agrees to work solely with this agent

2. Customs Bond: Details of customs bond requirements and procedures, included when specific bonding arrangements are needed

3. Special Services: Additional services beyond standard clearing and forwarding, used when agent provides value-added services

4. Performance Metrics: Specific KPIs and service levels, included when parties agree to measure performance

5. Subcontracting: Terms for engaging subcontractors, included when agent may need to delegate certain services

6. IT Systems and Integration: Requirements for IT system integration and data exchange, used when parties require specific technical integration

7. Training and Support: Provisions for training client's staff, included when agent provides additional support services

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

1. Schedule A - Service Level Agreement: Detailed performance standards and service levels

2. Schedule B - Fee Schedule: Comprehensive list of fees, charges, and payment terms

3. Schedule C - Required Documentation: List of required customs and shipping documentation

4. Schedule D - Operating Procedures: Detailed procedures for day-to-day operations

5. Schedule E - Contact Details: Key contacts and escalation procedures

6. Appendix 1 - Power of Attorney: Standard power of attorney form for customs representation

7. Appendix 2 - Insurance Certificates: Copies of required insurance certificates

8. Appendix 3 - Customs Licenses: Copies of agent's customs licenses and certifications

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Belgium

Document Type

Agency Agreement

Cost

Free to use

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