www.bifa.org


Robert Keen’s Column


BIFAlink


BIFAlink is the official magazine of the British International Freight Association Redfern House, Browells Lane, Feltham TW13 7EP Tel: 020 8844 2266 Web site: www.bifa.org E-mail: bifa@bifa.org (A company limited by guarantee. Registered in England: 391973. VAT Registration: 216476363)


Director General Robert Keen r.keen@bifa.org Executive Director Robert Windsor r.windsor@bifa.org Executive Director Spencer Stevenson s.stevenson@bifa.org Policy & Compliance Advisor Mike Jones m.jones@bifa.org Policy & Compliance Advisor Pawel Jarza p.jarza@bifa.org Training Development Manager Carl Hobbis c.hobbis@bifa.org Editorial Co-ordinator Sharon Hammond s.hammond@bifa.org Administration Controller Jane Robinson j.robinson@bifa.org


Published by Park Lane Publishing peter@parklanepublishingltd.com Contributors Robert Keen, Robert Windsor, Mike Jones, Spencer Stevenson, Carl Hobbis, Sharon Hammond, Pawel Jarza


Regional Consultants to BIFA Scotland and the Borders Len Hobbs: bifa.scot@gmail.com Northern Ireland Carson McMullan: carsonconluce@aol.com Midlands and the North Paul Young: youngyes@aol.com London West and the South West Colin Young: young_colin.t21@btinternet.com Anglia, London East and the South East Paul Newman: paul@pnauk.com


Please be advised that BIFA DOES NOT OFFER LEGAL ADVICE. BIFA is not a law firm and the authors of this publication are not legally qualified and do not have any legal training. The guidance and assistance set out herein are based on BIFA’s own experience with the issues concerned and should not be in any circumstances regarded or relied upon as legal advice. It is strongly recommended that anyone considering further action based on the information contained in this publication should seek the advice of a qualified professional.


December 2018


Why direct representatives should be certain about their authorisation


At BIFA we have four main roles. These are to represent the views of the membership to government, other regulatory bodies and non-government organisations, to promote the freight forwarding sector, to provide training and skill development, and to provide advice and information. Advice and information is a broad topic but most months we receive enquiries from BIFA Members when they are stuck with a problem. The perennial subjects we deal with are containers stuck overseas and liens; however, we have noted that an increasing number of BIFA Members are calling us having received post-clearance demands from HM Revenue & Customs (HMRC), usually due to their representation status. We cannot emphasise enough that if you claim direct representation with your


customer when completing the declaration, you need to have evidence on file that you are empowered to do this. There are a number of transactions where you cannot claim direct representative status, such as on a DDP shipment. The exposure that you face if HMRC deems you to be ‘indirect’ is total liability for the duty and VAT if it cannot be recovered from the importer. In some cases you may have dealt with an intermediary, and HMRC will still look to you as the declarant if the importer disputes some of the circumstances of classification or representation. We have comprehensive advice on this topic in the Good Practice Toolbox section of the BIFA website, and


in an article on page 8 of this edition of BIFAlink. Each November, the European Union Freight Forwarders Association (CLECAT) holds a Forwarders’ Day, and


this year training for Customs matters was a central theme. Robert Windsor presented on what we are doing in the UK with the freight forwarding Trailblazer apprenticeship. He also highlighted the increased attendance at our training courses relating to Customs procedures, both at an introductory level and the BTEC qualification. As Brexit rumbles on, it is interesting to note information about the lack of preparation in other EU countries


on how they will handle the anticipated changes, although rather like the UK a lot depends on the media interpretation of “off record” briefings by politicians. CLECAT has produced a briefing paper on Brexit urging no disruption to international trade, which you can find on our website. In fact, all of our papers on exiting the EU are at www.bifa.org – Information – Exiting the EU downloads. Iran is back in the news again following the decision by President Trump to re-impose sanctions. It is worth


reminding all staff of the dangers of facilitating trade with Iran under even the most tenuous circumstances. Even if you do not have a US office, a company director could be arrested when visiting the USA if his firm was thought to be breaching sanctions. It also seems that the threat of US action will stop banks handling any payments to or from Iran. An inevitable part of my role is to receive news of BIFA friends that have passed away and the past month


has seen the loss of John Smith, the founder of Laser Transport. I last visited Laser on its 40th anniversary and joined in the celebrations with John and his team. A real family firm atmosphere and a perfect gentleman. Finally, a plug for the 30th BIFA Awards ceremony in London on 17 January. The judging panel met in


November and the winners have been selected. It was good to see some new companies enter and with Dame Kelly Holmes as our host, a great day out is guaranteed. As well as being a highlight of the year for the finalists, it is also an opportunity to catch up with industry friends, so consider coming along if you have not been before. Tickets can be purchased from the BIFA website and I look forward to meeting many BIFA Members on the day.


Robert Keen Director General


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