Regulation 12 - Obligations of Authorised Courier - Courier Imports and Exports (Electronic Declaration and Processing) Regulations, 2010

12. Obligations of Authorised Courier. - (1) An Authorised Courier shall - (i) Obtain an authorisation, from each of the consignees or consignors of the imported goods for whom or from whom such Courier has imported such goods; or consignees or consignors of such export goods which such Courier proposes to export, to the effect that the Authorised Courier may act as agent of such consignee or consignor, as the case may be, for clearance of such imported or export goods by the proper officer; 1 [Provided that for import of documents, gifts and samples, and low value dutiable consignments for which declaration have been filed in, Form-B or the Courier Bill of Entry-XI (CBE-XI), Form C or the Courier Bill of Entry-XII (CBE-XII) or Form-D or Courier Bill of Entry- XIII (CBE-XIII) respectively, the authorization may be obtained at the time of delivery of the consignment to consignee subject to the production of consignors authorisation at pre-clearance stage and retention of authorisation obtained from the consignee for a period of one year or date of Audit by Customs, whichever is earlier. ] (ii) file electronic declarations, for clearance of imported or export goods, through a person who has passed the examination referred to in regulation 8 or regulation 19 of the 3 [Customs Brokers licensing Regulations, 2013] and who are duly authorised under section 146 of the Act ; 2 [Provided that a transition period upto 31st December, 2011 shall be allowed to the Authorised Courier for fulfillment of the obligation in so far as it relates to examination referred to in regulation 8 of the 3 [Customs Brokers licensing Regulations, 2013. ]] (iii) advise his consignor or consignee to comply with the provisions of the Act , rules and regulations made thereunder and in case of non-compliance thereof, he shall bring the matter to the notice of the Assistant Commissioner of Customs or Deputy Commissioner of Customs; (iv) verify the antecedent, correctness of Importer Exporter Code (IEC) Number, identity of his client and the functioning of his client in the declared address by using reliable, independent, authentic documents, data or information; (v) exercise due diligence to ascertain the correctness and completeness of any information which he submits to the proper officer with reference to any work related to the clearance of imported goods or of export goods; (vi) not withhold information communicated to him by an officer of customs, relating to assessment and clearance of imported goods as well as inspection, examination and Clearance of export goods, from a consignor or consignee who is entitled to such information; (vii) not withhold any information relating to assessment and clearance of imported goods or of export goods, from the Assessing Officer; (viii) not attempt to influence the conduct of any officer of Customs in any matter pending before such officer or his subordinates by the use of threat, false accusation, duress or offer of any special inducement or promise of advantage or by the bestowing of any gift or favour or other thing or value; (ix) maintain records and accounts in such form and manner as may be directed from time to time by an Assistant Commissioner of Customs or Deputy Commissioner or Customs for a period of five years and submit them for inspection to the Assistant Commissioner of Customs or an officer authorised by him, wherever required; and (x) abide by all the provisions of the Act and the rules, regulations, notifications and orders issued thereunder. ******************** Notes:- 1. Inserted vide Notification No. 26/2011-Cus(NT), dated 01/04/2011 2. Substituted vide Notification No. 26/2011-Cus(NT), dated 01/04/2011 before it was read as:- Provided that a transition period of six months from the date of publication of these regulations shall be allowed to the Authorised Courier for fulfillment of the obligation. 3. Substituted vide Notification No. 28/2018-Customs (N.T.) - Dated 28-03-2018 , before it was read as, Customs House Agents Licensing Regulations, 2004