Customs Brokers Licensing (Amendment) Regulations, 2021 - 62/2021 - Customs - Non Tariff

MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS) NOTIFICATION No. 62/2021-Customs (N.T.) New Delhi, the 23rd July, 2021 G.S.R. 505(E). -In exercise of the powers conferred by sub-section (2) of section 146 of the Customs Act, 1962 (52 of 1962), the Central Board of Indirect Taxes and Customs hereby makes the following regulations to amend the Customs Brokers Licensing Regulations, 2018 , namely:- 1. Short title and commencement. - (1) These regulations may be called the Customs Brokers Licensing (Amendment) Regulations, 2021. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Customs Broker Licensing Regulations, 2018, - (i) after regulation 8 , the following regulation shall be inserted, namely: - 8A. Surrender of License . - (1) A licensee may surrender the license granted under Customs House Agents Licensing Regulations, 1984, the Customs House Agents Licensing Regulations, 2004, the Customs Brokers Licensing Regulations, 2013 or the Customs Brokers Licensing Regulations, 2018 through a written request to the Principal Commissioner of Customs or Commissioner of Customs who has issued the license, as the case may be. (2) On receipt of the request under sub-regulation (1), the Principal Commissioner of Customs or Commissioner of Customs may revoke the license if, (a) the licensee has paid all dues payable to the Central Government under the provisions of the Act, rules or regulations made thereunder; and (b) no proceedings are pending against the licensee under the Act or the rules or regulations made thereunder. ; (ii) for Regulation 9 , the following regulation shall be substituted, namely:- 9. Period of validity of a license. - (1) A license granted under Customs House Agents Licensing Regulations, 1984, the Customs House Agents Licensing Regulations, 2004, the Customs Brokers Licensing Regulations, 2013 or the Customs Brokers Licensing Regulations, 2018 shall be valid unless and until revoked in terms of provisions under sub-regulation (2) of regulation 8A or regulation 14. (2) Notwithstanding anything contained above, the license shall be deemed invalid, if the licensee is found to be inactive for a period of one year. Explanation. -The term 'inactive' refers to a Customs Broker who does not transact any business pertaining to Customs during a period of one year excluding the period for which a license has been suspended under regulation 16. (3) Subject to the provisions of regulation 7, the Principal Commissioner of Customs or Commissioner of Customs may, on an application made by the licensee in Form - I, after his license has been deemed invalid under sub-regulation (2), renew the license from the date of expiration, after satisfying himself that the applicant is otherwise eligible for grant of license under regulation 7 and upon payment of fee of fifteen thousand rupees by the Customs Broker within one month of the date of receipt of application. ; (iii) in Form - A , under Declaration, for part (d), the following shall be substituted, namely: - (d) The undersigned/the person proposed to be employed by me have been/have not been penalised, convicted or prosecuted under any of the provisions of the Customs Act, 1962 (52 of 1962), the Central Excise Act, 1944 (1 of 1944), and the Finance Act, 1994, the Central Goods and Services Act, 2017 (12 of 2017) and Integrated Goods and Services Tax Act, 2017 (13 of 2017). ; (iv) after Form - H , the following form shall be inserted, namely: - FORM - I [see sub-regulation (3) of regulation 9] Application by Customs Broker to renew license To, The Principal Commissioner/Commissioner of Customs, Address 1.. Name of the Customs Broker :- 2. Full address of the Customs Broker :- 3. Customs Broker License No. and Custom House of issue :- 4. Has the applicant paid all dues payable to the Central Government under the provisions of the Customs Act, rules or regulations made thereunder? (Yes/No) 5. Whether bond and furnishing of security executed under regulation 8 is still active? (Yes/No) 6. Is there a change in the name and Permanent Account Numbers (PAN) of partner/partners or director/directors who will actually be engaged in the work as Customs Broker, in case the applicant is a firm or a company? (Yes/No) If Yes, details thereof. 7. Reason for renewal:- Declaration: (a) I have working knowledge of English/local language ( )/Hindi. (b) The firm or company by whom the undersigned is employed have earlier held a Customs House Agent or Customs Broker s License under the Customs House Licensing Regulation, 1984, the Customs House Licensing Regulation, 2004 or the Customs House Licensing Regulation, 2013 or these regulations and not cancelled or suspended. (c) The undersigned/the person proposed to be employed by me have been/have not been penalised, convicted or prosecuted under any of the provisions of the Customs Act, 1962 (52 of 1962), the Central Excise Act, 1944, (1 of 1944), and the Finance Act, 1994, the Central Goods and Services Act, 2017 (12 of 2017) and Integrated Goods and Services Tax Act, 2017 (13 of 2017). I/We hereby affirm that I/we have read the Customs Brokers Licensing Regulations, 2018 and agree to abide by them. Date : Signature of applicant . [F. No. 520/07/2013-Cus.VI (Vol.III)] KEVIN BOBAN, Under Secy. Note : The principal regulation No. 41/2018-Customs (N.T.), dated the 14th May, 2018 were published in the Gazette of India, Extraordinary, vide number G.S.R. 451(E), dated the 14th May, 2018.