Streamlining of procedures and practices related to the Customs Brokers to align them with the CBLR, 2013 and other existing instructions-Regarding - Customs - 22/2016

GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE OFFICE OF THE COMMISSIONER OF CUSTOMS CUSTOM HOUSE, TUTICORIN-628 004 C. No. VIII/48/06/2016-Cus.Pol Date : 27.07.2016 PUBLIC NOTICE NO. 22/2016 Sub: Streamlining of procedures and practices related to the Customs Brokers to align them with the CBLR, 2013 and other existing instructions-Regarding Further to the representations received from the trade and for improving ease of doing business, the Public Notice No. 10/2015 dated 27.02.2015 stands superseded by this Public Notice. The procedures to be followed on the above subject are prescribed hereunder in line with the Customs Brokers Licensing Regulations, 2013. Appointment of persons by Customs Brokers: 1. Regulation 17 (1) of the CBLR, 2013 mandates that the Customs Brokers should appoint persons only after verifying their antecedents and identity at the declared address by using reliable, independent, authentic documents, data or information. It also mandates that the minimum educational qualification of such persons so employed shall be 10+2, or equivalent. Instances have come to notice where the persons employed by the Customs Brokers could not produce their original certificates for verification by the Custom House raising doubts whether he meets that minimum educational qualification. Henceforth, Customs Brokers should, after due verification as per Regulation 17(1), submit a declaration on Bond Paper as per Annexure I and enclosures listed in Annexure Ill with every application for approval of DC/AC under regulation 17(2) for issue or renewal of Photo Identity cards. Copies of the documents listed in the Annexure Ill should be attested by the Customs Broker after comparing them with the originals. 2. Regulation 17 (5) of the CBLR says that 'where the Customs Broker has authorised any person employed by him to sign documents relating to his business on his behalf, he shall file with the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, a written authority in this behalf and give prompt notice in writing if such authorisation is modified or withdrawn'. Regulation 17 (6) further says that 'a Customs Broker shall authorise only such employee who has passed the examination referred to in regulation 6 or regulation 17 of these regulations to sign declaration on the bills of entry, shipping bills and annexure thereof. As per regulation 17(7), such persons are issued Form 'F' and Form 'G' ID cards. Henceforth, the authorisation of an employee to sign on behalf of the CB should be given by the Proprietor, Managing Partner or Managing Director of the Customs Broker as per Annexure IV along with a notarised affidavit by the employee as per Annexure V. They must also submit the proof of membership of CB with Customs Broker Association, Tuticorin. Copy of CB licence as proof of validity of licence and branch may also be submitted. In order to distinguish the Form 'G' ID card holders who are authorised by the Customs Broker and others who are not authorised, such authorised Form 'G' ID card holders will henceforth be issued ID cards in Form G in BLUE colour. The Form 'G' ID card holders who are already authorised by the CB may surrender their Form 'G' ID card and obtain BLUE colour Form 'G' ID cards. 3. Customs Brokers should give their authorised signatories a stamp with their name and Form F/G card ID No. which should be affixed under each of their signatures in correspondence with the department. This will make verification easy during any future investigations. 4. The Customs Brokers while applying for any identity card shall produce evidence for membership of the Customs Brokers Association, Tuticorin. Validity of Photo-Identity cards in Form 'H': 5. The photo ID cards in Form H are currently being issued with a validity Of one year. Henceforth, Form H cards will be issued valid for 3 years. Thereafter, they will be renewed for 3 years at a time subject to the validity of the CB Licence. 6. Form 'H' cards already issued will be valid up to the dates mentioned on them. Thereafter, they will be renewed for 3 years. 7. Customs Brokers should apply for the renewal of the photo identity cards at least 15 days prior to the expiry of the validity of the ID cards and they may retain the unexpired ID cards till its expiry date which should be surrendered while receiving the renewed ID cards from the CB section. Sevottam acknowledgement of application for renewal / fresh ID cards is not a substitute to Form H cards. No employee of a CB will be allowed to do Customs work if his ID card has expired. Form 'F' cards to persons qualified under Regulation 9 of CHALR 1984 or Regulation 8 of CHALR 2004 : 8. Many persons who have qualified under Regulation 9 of CHALR 1984 or Regulation 8 of the CHALR 2004 have not obtained Photo Identity Cards in Form 'F' as per CBLR, 2013. All such persons are advised to obtain Form F cards after submitti.ng the proof of passing the examination conducted under the Regulation 9 of CHALR 1984 or Regulation 8 of the CHALR 2004 in original as per Regulation 17(7) (i) if they continue to processing Customs work in this Commissionerate. They must also submit the proof of membership of CB with Customs Broker Association, Tuticorin. Copy of CB licence as proof of validity of licence and branch may also be submitted. Display of Identity Cards: 9. The Customs Brokers and their employees should display their original Form F/ Form G/ Form H Identity Cards at the times while processing the Customs work. Instructions have been issued to officers not to entertain anyone claiming to be the Customs Broker or their employee who does not have a valid ID card. Indication of H card details of CB's employee presenting goods in the examination report 9 As already mentioned in SI. No. 4, 5, 8, 9 and 10 of the Facility Intimation No. 09/2013-Cus dated 03.07.2013 the customs officers should specify the ID card No. of the card holder who presented the goods for examination in the examination report. (K.C .JOHNY) COMMISSIONER