Customs Broker Licensing Regulations 2013 - Renewal of Customs Broker License - Clarification – Regarding - Customs - 13/2014

OFFICE OF THE COMMISSIONER OF CUSTOMS C.R. BUILDING, P.B. No. 5400, QUEEN'S ROAD, BANGALORE 560 001 C.No. VIII/13/48/2014 Cus. Tech. Date: 14.07.2014 PUBLIC NOTICE No. 13/2014 Sub: Customs Broker Licensing Regulations 2013 - Renewal of Customs Broker License - Clarification Regarding. Attention is invited to the Notification No.65/2013 - Cus (NT) dated 21.06.2013 wherein the Customs Brokers Licensing Regulation, 2013, was notified and also to the Public Notice No.02/2014 dated 02.01.2014 issued by this office prescribing procedures regarding renewal of licenses under Customs Brokers Licensing Regulations (CBLR) 2013. 2. The Board has, now, issued Circular No.8/2014-Customs, dated 23.06.2014, stating that the Regulation 8 of CBLR, 2013, mandates that before granting the license under Regulation 7, the Commissioner of Customs shall require the successful applicant to enter into the bond and, where specified, a surety bond for due observance of the said Regulations and furnish a security in the form of bank guarantee, a postal security or National Saving Certificate (NSC) in the name of Commissioner of Customs for an amount of ₹ 5 lakhs for carrying out the business as Customs Broker. The amount of security has been enhanced from ₹ 75,000/- under Customs House Agents Licensing Regulations (CHALR), 2004 to ₹ 5 lakh in CBLR 2013. The matter of what security amount is to be furnished at the time of renewal of a license had been examined earlier in 2004 when the security amount had been similarly enhanced in comparison to CHALR, 1984. Accordingly, the Board had issued Circular No. 42/2004-Customs dated 10.06.2004 clarifying that at the time of renewal of licenses of Customs Brokers license, enhanced security will not apply and the same shall apply only to fresh licenses. No new factors have emerged to call for a review of this decision. Hence, the Board has clarified that the same dispensation shall apply under the present Regulations viz., CBLR 2013. In other words, the enhanced security amount would not apply to holders of valid licenses issued under erstwhile regulations i.e. CHALR, 2004 or CHALR, 1984 who seek a renewal. Other conditions prescribed under the CBLR, 2013 will have to be satisfied. 3. Further, as regards the documentation required for the renewal of Customs Brokers License, the Board has prescribed the following supporting documents for the renewal of Customs Brokers Licenses under CBLR, 2013:- (i) Declaration affirming that there is no change in constitution/address of Customs Broker; that there are no time expired/inoperative cards in Forms G/H pending submission to the Department; that accounts are being maintained as per Regulation 16 of CBLR, 2013; that no judicial/quasi-judicial cases are pending against them (if yes, the details and status of each pending case); and that no arrears are payable to the Department. (ii) Self-attested copy of Customs Broker License in Form B. (iii) List of Photo Identity Card holders in Form F/G/H with card number(s) and validity date(s). (iv) Self-attested copy of valid membership certificate of Customs Brokers Association (if registered in the Customs station and recognised by Commissioner of Customs). (v) Self-attested PAN card copy in the name of Customs Broker (Attested/Notarised), if not given earlier. 4. The Public Notice No.02/2014 dated 20.01.2014 stands modified to the above extent. (Sandeep Prakash) Commissioner