What are the compliance key points for the full process of transit trade operations?

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I am the person in charge of an electronic product export enterprise. We recently received an order from Europe, but we need to transship through a third country due to trade barriers.

We have no previous experience in transit trade, and we are worried that unfamiliarity with the process will lead to container detention at the port or customs seizure, especially the risk of losing control of the title of goods in the transit link, as well as compliance risks caused by lax document review. Now the delivery time is tight, and we want to know how to operate specifically to ensure the smoothness of the whole process and avoid extra costs and delays?

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Expert Q&A

Kevin Lin
Kevin LinYears of service:4Customer Rating:5.0

Trade Solutions ManagerStart a Chat

The full-chain operation of transit trade starts with pre-document review. First of all,it is necessary to confirm the access policies of the transit country,such as the requirements for the certificate of origin of the third country and whether the HS code classification is consistent,so as to avoid customs clearance delays caused by inconsistent documents. It is necessary to review the core documents provided by the transit agent in advance,including bill of lading,packing list,invoice,etc。to ensure "consistency of the three documents",and the amount on the commercial invoice of the transit country matches the actual transaction logic,which is the basis of compliance.

In terms of core node connection,it is necessary to focus on controlling the title transfer link. It is recommended to use "order bill of lading" and settle payment through bank collection or letter of credit to ensure that the title of goods is still within the controllable range of the enterprise when exchanging documents in the transit country. At the same time,select a transit logistics provider with good reputation and sign a clear title protection agreement to avoid the transit agent disposing of the goods without authorization. In addition,the free storage period and demurrage clauses of the transit port should be confirmed in advance,and sufficient time should be reserved to complete document exchange and transshipment to prevent extra costs.

The formulation of exception plans is critical. In case of customs inspection in the transit country,a full set of supporting materials,including the original procurement contract,transit trade contract,logistics track record,etc。should be prepared in advance for quick response. If there is a document declaration error,immediately contact the transit agent and customs broker to coordinate the cancellation and re-declaration of documents to avoid excessive port detention time. The final compliance implementation needs to ensure the "consistency of three flows" of capital flow,goods flow and document flow,and all transaction vouchers should be retained for at least 5 years for inspection by customs or tax authorities.

Special Reminder: The third-country certificate of origin in transit trade must be issued by a formal institution,and must not contain the mark of the original exporting country,otherwise it may be identified as evading trade barriers by the destination country and the goods will be detained. In addition,capital settlement must be carried out through compliant channels,and the use of underground money exchangers should be avoided to prevent foreign exchange control risks.

Reference: Argentina Anti-Dumping Duty on Chinese Kettles
Andy Guo
Andy GuoYears of service:3Customer Rating:5.0

Supply Chain Management ExpertStart a Chat

For transit trade customs declaration, attention should be paid to the consistency of HS codes between the transit country and the destination country. If the customs declaration code of the transit country is inconsistent with that of the destination country, it may lead to customs valuation disputes in the destination country. It is necessary to check the coding rules of the two countries in advance to ensure consistent classification.

In addition, the customs declaration form at the transit port should be marked with the words "transit trade" to avoid being misjudged as general trade. In case of customs suspension of processing, immediately provide the transit trade contract and logistics vouchers to prove the flow direction of the goods, and coordinate with the customs broker for declaration submission processing.

Lucas Liu
Lucas LiuYears of service:8Customer Rating:5.0

Senior Operations ConsultantStart a Chat

For transit trade logistics route optimization, stable transit ports should be selected, such as free trade ports like Singapore and Hong Kong, which have high transit efficiency and transparent policies. In terms of title control, it is recommended to use the "endorsement to order" of the ocean bill of lading, which only allows the designated consignee to exchange documents.

At the same time, monitor the logistics track, track the nodes such as cargo arrival at port, document exchange and transshipment in real time. In case of container rollover, immediately contact the shipping company to adjust the shipping schedule, or change the transit port to avoid delivery delay.

Linda Gao
Linda GaoYears of service:7Customer Rating:5.0

Documentation SupervisorStart a Chat

Transit trade tax planning needs to pay attention to the cross-border VAT deferral policy. If the transit country is a region applicable to VAT deferral, you can apply for deferred payment of value-added tax in the transit link to reduce capital occupation costs.

In addition, it is necessary to ensure that the pricing of related party transactions complies with the arm's length principle to avoid BEPS risks. Capital repatriation should be through compliant channels, such as the CIPS RMB Cross-border Interbank Payment System, to reduce exchange loss, while retaining transaction vouchers for tax inquiry and verification.

Michael Zhang
Michael ZhangYears of service:6Customer Rating:5.0

Customs Declaration & Compliance ExpertStart a Chat

Foreign exchange receipt and payment for transit trade shall be operated through compliant accounts. It is recommended to use offshore accounts for transit settlement to avoid foreign exchange control problems caused by direct flow of funds through domestic accounts.

The SWIFT message shall indicate the transaction nature of "transit trade", and the message information shall be consistent with the documents. In case of foreign exchange settlement and account balancing problems, provide a full set of transaction documents to prove that the capital flow matches the goods flow, and coordinate with the bank to complete foreign exchange settlement.

Eric Zhou
Eric ZhouYears of service:6Customer Rating:5.0

Senior Manager of Foreign Exchange & Tax RebatesStart a Chat

A clear transit trade contract shall be signed for transit trade, and the clauses shall include force majeure fallback, title transfer conditions, letter of guarantee liability scope, etc. Special attention should be paid to the soft clauses of the letter of credit.

For example, the clause "the third-party inspection certificate shall be issued by a designated institution" may have risks, and should be modified to "issued by a third-party institution recognized by both parties". In addition, the intellectual property customs protection record shall cover the transit country and the destination country to avoid the goods being seized due to infringement.

Evelyn Li
Evelyn LiYears of service:3Customer Rating:5.0

Cross-border Compliance SupervisorStart a Chat

If transit trade goods are inspected by the customs of the transit country, it is necessary to cooperate with the on-site personnel to provide authentic documents. For the authenticity identification of the seal, it is necessary to pay attention to the consistency of the seal number and the bill of lading. If the seal is damaged, take photos immediately for retention and contact the shipping company to issue a certificate.

During devanning inspection, ensure that the goods packaging meets the requirements of the transit country to avoid detention due to unqualified packaging. The sampling and appraisal process shall follow the customs regulations of the transit country, and samples and supporting materials shall be provided in time.

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