3. If something happens on the way it will be difficult to prove your ownership or loss in order to refund at least money. De facto it means that you paid neither to the supplier, nor the offshore which receives cargo nor the importer- X. In this case you will not have losses or the right of ownership and, and the company X and a short-lived company - Y can "disappear" for various reasons.
4. A similar situation can take place during the movement of a cargo across the border and Russian customs. Therefore if something happens and cargo will get under confiscation, the real owner can easily lose the goods. The owner and the "grey" broker have no any rights for a cargo. However the "grey" broker can create a variety of paper from his front companies, but their reliability, as well as the companies will create problems not only to the parties of a transaction.
5. If the situation on the custom is not very difficult, that owner will face the raise of payment scheme or transport costs until the problems are solved. It will be worse if it is more serious. In such case a broker with its companies just disappear. He won't lose anything except his "image'. The problem can be solved by paying a lot of money or good relations. In such case it is worse to calculate the planned savings, who will pay all the costs, losses and will it cover his profit. A "grey" broker promises by words but does not pay in fact.
6. After passing the customs clearance based on a "grey" scheme the cargo must go to the owner and legalized. A: grey: broker suggests an owner to legalize delivery via his 2-3 technical short-lived companies - Y explaining that in this case he will become a law-abiding buyer. In reality such companies can rarely be reliable and pay taxes seldom. Usually they carry out a lot of illegal transactions. That is why it is quite easy to inspect them revising their banking payments. You will face new problems. You will need to pay based on juridical and conciliation practice.
7. You will be suggested to use illegal financial schemes to transfer money abroad when you pay a foreign supplier for the goods. The first (official payment) payment used to reduce customs fees and payments must meet the customs requirements but the second payment will be done based on shadow financial schemes as an additional transaction payment to the supplier. Thus you might face risks of money losses if a shadow scheme faces failure or it will be found. It will bring you to the problems with monetary and other supervision bodies of power.
8. You might face the problems and risks in case of using "grey" schemes while delivery five times: with customs, tax bodies, banks, monetary inspection bodies and force bodies. They are not connected and that is why it is difficult to corrupt and control them.
B. The simpliest features of "grey" schemes during customs clearance. What should you pay attention?
1. You must have a direct contract with a foreign supplier or in case of FEA-outsourcing with technical importers in Russia which in its turn must have a direct contract with your supplier. You must pay for your transaction bas dot the contract or via an outsourcer. Remember that the prove of the cargo ownership and losses is the factual payment to a supplier.
2. A technical importer-outsourcer or the: grey: broker company must have a direct international trade contract with your foreign producer or exporter in Europe. Don't believe if somebody says that it is only enough to have a Russian-English contract on 1-2 pages. FEA contract must copy as a minimum conditions of your contract with a technical receiver and conditions of transactions with foreign suppliers or producers. Avoid offshore schemes that depersonalize your ownership.
3. It is desirable to get a copy of a contract used in Europe between an exporter-supplier and your producer. However it is difficult to get it even you work on legal -based transaction. But it is necessary to have a payment based on SWIFT terms made to a producer.
4. You must get either it was done based on a "grey" or "white" scheme the documents proved by the bank receipts that your money were paid directly to your supplier based on the FEA contract and for your goods.
5. After sending your goods to Russia, an outsourcer must provide you original export customs declaration from the country of departure, all transport, customs and other accompanying documents. There mustn't be any other third participants. Only your supplier or a producer. Only your outsourcer or a technical receiver and a carrier.
6. You must get a customs declaration after customs clearance. As a rule, "grey" brokers do not give it, just give the number of the declaration. In case of a revision information declared there is not right: only 40% is right. Mainly it is connected with the changing codes or the price of goods, sometimes the weigh or quantity, the country of origin etc.
7. If there is no a seal of a licensed customs broker on a CD (customs declaration) it means that the "grey" scheme is used. Such a license costs 1 million Euros. No one "white" broker will sign "grey" declarations. A "grey" broker passes customs clearance on behalf of a receiver.
You must remember that if something from the following is not carried out or provided you are in a "grey' zone. In this case look again at point A "What kinds of risks a real owner of cargo faces if works based on a "grey" scheme? And live with the hope. Probably you will be happy for a while. But such happy in business connected with FEA disappear quite quickly.
C. Advantages of "white" customs clearance
1. A direct contract with a producer.
It is not important whether you or your outsourcer has it but for customs it is a powerful argument of a legal transaction. It allows to prove the price of the goods and thus to avoid corrections and to save customs fees. (In courts 80% of "white" importers win the cases with customs. That is why most brokers transfer to white schemes).
2. You will be always able to prove the ownership on the goods and raise a claim to contract parties or the third parties including state structures if their actions brought you to losses.
3. Customs inspections and post corrections that can take place during 3 years after delivery are not dangerous. You will always be able to prove that you are right. Supervision bodies, customs and fiscal bodies won't have serious arguments on your FEA transaction to press you.
4. There is no gasket system from a short-lived company in a direct contract and "white" delivery. That is why you are assured from counter and direct tax, monetary and law enforcement bodies inspections and problems.
5. Costs on transport standing in customs, additional financial payments on losses while using "grey" and transit schemes of payments reduce largely.
6. You get calmness and guarantee in your business connected with FEA. Your main business in Russia is protected maximally.
7. Nobody in business society will call you a smuggler and your buyers and partners together with you will get stability and reliance in supply, and assurance in business. Because inspections in payment chains and movements of goods will come to them.