Customs Sector
The customs sector is a cornerstone of the national economy, serving as the main gateway for foreign trade and the primary pillar for controlling the movement of goods across borders. It ensures a balance between facilitating trade and protecting the local market. In recent years, this sector has undergone a radical transformation under Saudi Vision 2030, adopting the latest technologies for customs clearance, simplifying procedures, launching digital transformation initiatives, and enhancing transparency. This is coupled with an intensified regulatory role to combat practices harmful to international trade. In light of this significant shift, there is a pressing need for specialized legal services that align with the regulations of Zakat, Tax and Customs Authority (ZATCA) and international standards. Kayan Law Firm provides integrated legal services to support companies and investors in the import/export sector within and outside Saudi Arabia. We handle customs licenses, importer/exporter registration, and ensure compliance with local and international laws, allowing clients to operate with confidence. Our focus is on protecting business interests and ensuring full compliance. Our scope of work includes:
First: Customs Consulting and Regulatory Compliance
We offer precise legal advice on all customs laws and regulations, from importer/exporter registration to clearance conditions and invoicing requirements. We also help establish internal compliance systems for companies to ensure ongoing adherence to regulations and avoid penalties. Our work includes monitoring new regulations, such as fast-track systems and digital automation initiatives, and providing practical guidance for companies to adapt their operations accordingly, enhancing their efficiency.
Second: Anti-Dumping, Subsidies, and Countervailing Measures
The market faces growing challenges in protecting national industries from harmful trade practices like dumping. Our legal team:
- Represents companies in anti-dumping, subsidy (countervailing duties), and safeguard investigations before relevant Gulf authorities.
- Prepares complaints or defenses, responds to questionnaires, manages verification visits, and builds arguments on injury and pricing analysis.
- Follows up on cases before specialized committees, litigates appeals against decisions, and negotiates settlements or price undertakings when appropriate.
We represent our clients in proceedings under the anti-dumping law to protect their interests, whether they are local manufacturers or importers.
Third: Drafting and Reviewing Commercial Contracts
Import/export activities require precise contract drafting to ensure balance between parties, especially in shipping, supply, and logistics agreements. We:
- Draft and review sea, air, and land freight contracts, as well as agreements with agents, carriers, and warehouses, in compliance with Saudi law and international transport conventions (CIM, CMR, Hague-Visby Rules).
- Align contracts with Incoterms 2020, liability limits, marine insurance, and force majeure clauses.
- Structure supply chain agreements (SLA/KPI) and link them to customs and technical compliance obligations.
We ensure clients' rights are protected, obligations are clearly defined, and clauses for force majeure, delivery delays, and loss or damage of goods are included.
Fourth: Litigation and Customs Dispute Settlement
We represent clients before preliminary and appellate customs committees, as well as commercial and administrative courts, in cases arising from customs fines, classification and valuation disputes, or financial claims related to duties and taxes. We also promote arbitration and mediation as effective alternatives for dispute resolution, saving time and costs while maintaining business relationships. This includes:
- Preparing objections and appeals against decisions on classification, value, origin, and additional duties, and handling refund/offset requests.
- Representation in cases of smuggling, fines, and carrier/agent liability.
- Handling shipping disputes: delay, damage, loss, and compensation claims.
Fifth: Streamlining Procedures and Facilitating Border Crossing
With Saudi Customs moving towards a "Single Window" system, we offer legal services to simplify procedures for our clients by reviewing their customs documents. Our services include:
- Legal supervision of transactions on the "Fasah" platform.
- Designing workflows to reduce clearance time (Pre-Clearance).
- Regulatory coordination with conformity bodies (e.g., SABER/SASO certificates).
We also provide recommendations for proper goods classification and assist companies in benefiting from the Authorized Economic Operator (AEO) program, which grants them priority in customs transactions.
Sixth: Strategic Support and Assistance
Our role extends beyond resolving disputes. We act as long-term strategic partners, providing continuous legal support throughout all stages of business operations. This includes developing preventive plans to avoid customs risks, offering legal training for employees, and preparing periodic reports on legislative updates in the customs sector.
Seventh: Customs Compliance and Licensing
Customs compliance and licensing are crucial for smooth and secure business operations. This requires a thorough understanding of the obligations of importers and exporters. This area includes:
- Mapping importer/exporter obligations and reviewing registration procedures.
- Consultations on rules of origin, HS codes, customs valuation, and requirements for commercial invoices and certificates of origin.
- Building internal compliance policies (Policies & SOPs) and training operational teams.
- Support for joining the Authorized Economic Operator (AEO) program and customs risk management programs.
Eighth: Intellectual Property at the Border
Intellectual property rights are the first line of defense against counterfeit goods. Our legal role involves enhancing border control by registering trademarks, requesting seizure and destruction of infringing goods, and coordinating with authorities to prevent the entry of illegal products. Our services include:
- Registering trademarks with authorities to take action against counterfeit goods.
- Managing reports and coordinating with relevant bodies to prevent the entry of infringing goods and protect client rights.
Ninth: Added Legal Value to Operations
Working in the customs sector requires more than just completing transactions; it demands tangible legal value that enhances operational efficiency and ensures compliance. This involves an integrated approach that links accurate diagnosis of gaps with well-structured corrective action plans, including:
- Diagnosing compliance gaps and preparing a corrective action plan with clear timelines and responsibilities.
- Integrated representation: from consultation and prevention to disputes and enforcement.
- Operational-legal alignment: linking contractual texts with customs requirements to avoid delays at ports.
Our legal team includes specialized lawyers and experts in international trade. We are ready to provide training programs and preventive consultations to raise awareness of customs regulations. We believe that the success of import/export operations requires legal protection that ensures business sustainability and enhances competitiveness.
