Qualification of Attorney for Customs Procedures (ACP)

While any individuals or companies can be entitled to be an ACP under the Japan Customs Law, we highly recommend appointing an ACP service company that specializes in managing trade and customs issues in accordance with the Japan Customs Law. It is particularly important to select an ACP who is well-versed in Customs issues, including Customs Valuation. Japan Customs has recently increased scrutiny on the value setting for non-resident imports. In fact, we have observed numerous cases where troubles arise due to inappropriate Customs Value settings.

In the worst-case scenario, goods may fail to clear customs, resulting in substantial detention fees and eventual return shipment. As qualified Customs professionals, ACP Japan is dedicated to supporting the proper importation of goods to Japan. By leveraging our expertise, we aim to ensure compliance, mitigate risks, and facilitate a smooth customs clearance process.

In regards to exports, it is required to verify whether the exported goods and transactions are not controlled items or transactions under the security trade control (export control) regulations. Necessary documentation such as the determination result document (judgment certificate, etc.) must be prepared for export customs clearance, and permission may need to be obtained from the Ministry of Economy, Trade and Industry as needed.

Compliance with list controls and catch-all controls specified by the Foreign Exchange and Foreign Trade Act, Export Order, Foreign Exchange Order, and other related regulations is necessary, and there are penalties for non-compliance.

Japanese Customs System Reform: Clarification of Importer Definitions

Starting October 1, 2023, Japanese Customs has instituted a pivotal reform aimed at addressing the issue of foreign sellers improperly designating third parties (such as forwarders or customs agents) as importers.

This revision necessitates foreign corporations to utilize an Attorney for Customs Procedures (ACP) to assume the role of Importer of Record (IOR) directly in many cases. The practice of merely nominally appointing another entity as the importer is no longer feasible.

Notably, foreign corporations that act as importers themselves, through the engagement of ACP, are eligible for Japan Consumption Tax (JCT) benefits. (link: Consumption Tax Treatment and Benefits of Using ACP).

As a dedicated ACP firm, we ensure compliance with the law to facilitate correct import procedures, allowing you to trust us with your importation requirements confidently. We are eager to engage in further discussions with you.

Revisions Effective October 1, 2023:

Definition of the Importer

Under Japan Customs practice, the importer is determined as follows.

For cargo imported under an import transaction, such as a normal transaction between an overseas seller and a buyer in Japan, the importer is the buyer in Japan, namely the person who imports the cargo as referred to in Article 6-1(1) of the General Notification of the Customs Act.

In cases other than the above, the importer is the person who has the right to dispose of the import cargo at the time of import declaration.

In addition, another person acting for the purpose of the import, such as those listed below, may also be treated as the importer:

for cargo imported under a lease contract, the person who rents and uses the cargo;
for cargo imported for consignment sales, the trustee who sells the cargo in their own name under the consignment arrangement;
for cargo imported for processing or repair, the person who processes or repairs the cargo; and
for cargo imported for disposal, the person who disposes of the cargo.

Importer Defined as the “Person Having the Right of Disposal”

One of the most notable aspects of the amendment is the clarification that the “person having the right of disposal” is regarded as the importer under Japan Customs law. The term “right of disposal” is similar to ownership, but not identical. Although there is no explicit definition in the customs-related legislation, according to Japan Customs, it refers to the authority to decide how the goods will be handled after being released into Japan—for example, whether to sell the goods or to enter into a sales contract.

For additional information, please refer to the following resources:

We’re a reliable ACP service provider for Amazon FBA’s seller

In recent, we’ve been supporting many import projects of goods related to the Amazon-FBA program. If you are looking for a reliable ACP service provider, please let us know.

Our ACP Service: The Best Solution for the Japan Importer of Record (IOR) and Exporter of Record (EOR)

ACP is an effective solution for addressing Importer of Record (IOR) and Exporter of Record (EOR) requirements in Japan. Through our ACP service, non-resident entities located outside Japan are able to import and export goods as Non-Resident IOR and EOR.

Below is an overview of our basic scope of work, together with a diagram illustrating the operational structure of the ACP service. Once ACP registration is completed, the non-resident entity can act as the Importer of Record (IOR) and Exporter of Record (EOR) in Japan.

Scope of Work – How We Can Assist

Preparation and filing of all required documents for ACP registration with Japan Customs.
Coordination and communication with relevant stakeholders, including Japan Customs, logistics providers, and customs brokers to ensure the smooth and compliant import and export procedures.
Preparation and review of import documentation, including commercial invoices and shipping documents.
*Proper customs clearance requires accurate identification and statement of the shipper, consignee / Exporter of Record (EOR), and Importer of Record (IOR) on B/L, AWB, and Commercial Invoice. We provide practical guidance on correct documentation practices. We also advise on customs valuation (import declaration value) and its supporting documentation, HS classification, and country of origin to ensure compliance with Japanese customs requirements.
Advisory on customs valuation (import declaration value), HS codes, duty rates, and origin (including advance rulings).
Import compliance support for regulated products, including Domestic Administrator (sometimes referred to as “Domestic Representative”) Services under the Product Safety Acts (PSE/PSC) and food-related products regulated under the Food Sanitation Act.
Support for security export control, including list-based classification, catch-all control assessment, and assistance with export license applications to the Ministry of Economy, Trade and Industry (METI).
Maintenance and retention of records required under the Japan Customs Law.
Provision of professional trade and customs advisory services to address and resolve issues that may arise during import or export operations.

**Both import and export activities can benefit from the use of an ACP (Attorney for Customs Procedures). This support is applicable in scenarios where a non-resident acts as the Importer of Record (IOR) for imports and as the Exporter of Record (EOR) for exports.

Three Steps to Initiate Shipments Under the ACP Program:

Quotation Review to Contract Conclusion: Upon receiving your contact details, we will promptly provide a quotation for your review.
Commencing the Registration of ACP (Attorney for Customs Procedures) to Japan Customs: This process is generally completed in about two weeks.
Initiation of First Shipment, Import/Export

Track Record – Attorney for Customs Procedures (ACP) Services

We have supported import and export operations in Japan for over 300 clients across more than 40 countries.

Why choose us?

We specialize in navigating complex issues at the intersection of customs procedures and taxation—an area where our ability to offer practical, comprehensive support from both perspectives sets us apart. Understanding the close relationship between customs duties and national taxes (especially, Japan Consumption Tax – JCT), and addressing both in an integrated manner, is crucial in the context of international trade.

Customs and International Trade Professionals – Led by our CEO, Mr. Sawada—Certified Customs Specialist and former KPMG professional—ACP JAPAN provides expert-level support in Customs and international trade. Mr. Sawada also serves as an external expert for the World Bank’s B-READY project in the field of customs and international trade.
Full Compliance with Japanese Customs Law – We ensure full adherence to Japanese Customs Law, including Importer of Record (IOR) structure, HS code classification, and customs valuation. We assist in preparing all essential shipping documents for non-resident entities.
One-Stop Support for ACP and JCT Tax Representative Services – In collaboration with trusted partner tax accountants, we provide comprehensive support for both customs procedures through the Attorney for Customs Procedures (ACP) and Japan Consumption Tax (JCT) filings through the JCT Tax Representative.
Multilingual Communication – Our team communicates fluently in English, Japanese, and Chinese, offering smooth coordination with global clients and authorities in Japan.
Support for Regulated Products – Our ACP/IOR partnership system can manage regulated items, including cosmetics, PSE-products, foodstuffs, and tableware.
Trusted by Global Clients – Serving around 100 ACP clients annually, including many Amazon sellers, we’re a certified provider on Amazon SPN (Service Provider Network) under Trade Compliance.