By: Gov Auctions | 18 November 2014
Exporting Cars from US - Things You Need To Know (part 2)
Legal Issues Highlighted by the US Customs and Border Protection (Department of Homeland Security)
While the overarching legal issues, including taxes, the primary issues are highlighted by the US customs and border protection-which is a subsection of the Department of Homeland Security.
1. Basic Requirements
The basic requirements of someone attempting to export a used vehicle must present to customs both the vehicle itself as well as the required documentation. This documentation includes the VIN number/product identification number. The exportation of a vehicle is only permitted upon compliance of local requirements and less the vehicle entered the United States under and in the bond a procedure, temporary importation bond, or personal exemption for non-residents.
2. Document Requirements
Under section 192.2 there are several basic requirements for exporting cars from the United States.
When exporting a vehicle the required documentation must be presented to customs agents at least 72 hours prior to export. This includes all vehicles exported by rail, highway, or under their own power.
Port directors establish locations at which exporters will present the required documentation as well as the vehicles. These locations are publicized by port directors. Customs agents will determine the authenticity of documentation and a mark of the original documents. In most cases, the original documents are returned to the exporter. If the documentation cannot be found prior to the vehicles export, the exporters authenticated copy of the original documentation will serve as evidence of compliance.
3. Rules Which Specifically Apply to Titled Vehicles
The regulations regarding title vehicles varies based upon where they certificate of title is from.
Original Certificate of Title
If the original certificate of title is from the United States it will remain in force and must be provided to customs. If the title evidences third-party ownership the owner must provide a separate writing from the third party in interest which expressly provides that the vehicle may be exported. This must be on the third parties letterhead and contain a complete description of the vehicle. This includes the VIN number, name of owner, and telephone numbers at which they can be contacted.
If the car exported from the United States has a boring title than the owner must provide customs with original documentation that provides satisfactory proof of ownership including an English translation of the title and two complete copies of any documentation.
4. Unique Situations
There are several unique situations which carry individual rules and regulations that one must follow.
Newly Manufactured Vehicles
Newly manufactured vehicles are typically not issue a statement of origin. The owner must establish that the jurisdiction from where the vehicle comes does not have any ownership documentation requirements regarding the vehicle. This documentation must be provided to customs at the time and place specified. This type of documentation includes a dealer’s invoice and two complete copies of original documentation.
For junk or scrap certificates, the owner must provide customs and original certificate for certified copy of the original documentation as well as two complete copies of the original documentation.
The final unique situation is nonregistered vehicles. For any vehicle which was issued a title or certificate that is no longer in force, the owner must establish that the jurisdiction from where the vehicle comes from is not have any ownership documentation requirements. They must provide this statement to customs as well as any original documentation which shows the basis for ownership or right of possession. This documentation is often in the form of a bill of sale. The owner must also certify in writing to customs that the procurement of the vehicle was a bona fide transaction. Essentially, the owner must prove the vehicle was not stolen.