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The Customs Broker Agreement is essential for businesses engaging in international trade activities in Malaysia. This document is required when a company needs to appoint a licensed customs broker to handle customs clearance procedures, documentation, and compliance with Malaysian customs regulations. The agreement becomes necessary when businesses lack in-house customs expertise or require professional assistance in navigating complex customs procedures. It is particularly important given Malaysia's strict customs regulations and the need for compliance with the Customs Act 1967 and related legislation. The document typically includes detailed provisions about service scope, responsibilities, customs procedures, documentation requirements, and liability allocation, ensuring both parties understand their roles and obligations in the customs clearance process.

1. Parties: Identification of the Client and the Customs Broker, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement, including the broker's licensing status and the client's need for customs services

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

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

5. Broker's Obligations: Key responsibilities of the broker including compliance, documentation, and communication requirements

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

7. Fees and Payment Terms: Structure of fees, payment schedule, and handling of disbursements

8. Compliance and Regulations: Commitment to comply with relevant customs laws, trade regulations, and anti-money laundering requirements

9. Representations and Warranties: Standard warranties regarding capacity, authority, and compliance with laws

10. Liability and Indemnification: Allocation of risk and responsibility for losses, including indemnification provisions

11. Confidentiality: Protection of confidential information exchanged during the course of services

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

13. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law