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TMI BlogDraft Circular on some of the issues relating to the CHALR, 2004 formulated by CBEC seeking comments / suggestionsX X X X Extracts X X X X X X X X Extracts X X X X ..... s been put up only to elicit public response. No final decision has been taken by the Government / Board. Government / Board will proceed further in the matter only after due examination of the response received. -------------------------------------------------------------------------------- DRAFT Circular No. /2009-Customs F.No.502/5/2008-Cus.VI Government of India Ministry of Finance Department of Revenue Central Board of Excise and Customs 159A, North Block, New Delhi - 110 001. August, 2009. To All Chief Commissioners of Customs. All Chief Commissioners of Customs & Central Excise. All Commissioners of Customs. All Commissioners of Customs & Central Excise. Subject: Issue of Customs House Agent License - Reference from field formations - regarding. *** Sir / Madam, It has been brought to the notice of the Board by certain field formations that they are facing difficulties in appointment of Customs House Agents (CHA) License for eligible persons and in implementation of the Customs House Agents Licensing Regulations (CHALR), 2004. 2. These issues were examined by the Board in consultation with customs field formations. Further a meeting was also held with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... son with a CHA, the individuals involved in any fraudulent activity (i.e., individuals suspended or blacklisted or denied permission to work in any section of the Custom House) shall not be allowed to be employed by a CHA for transacting business with Customs. Necessary undertaking in this regard may also be taken from the CHA at the time of submission of application giving details of the person who are proposed to be employed by them. 4.2. CHALR, 2004 do not provide for any restriction on the number of persons a CHA can employ as it would depend upon the workload and requirements of a CHA. However, under the regulation 19(3), any person employed by CHA is required to appear through an examination conducted by DC/AC designated or a Committee of officers to ascertain the adequacy of the knowledge of such persons about the provisions of the Customs Act, 1962 before they are granted 'G' Card. Hence, it is reiterated that it is only those persons who have qualified themselves in the examination conducted under regulation 19(3) and who have been authorized by CHA in terms of regulation 19(5) alone are allowed to sign the declarations filed before Customs for transacting the work at any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udulent availment of export incentives, unscrupulous imports evading duty by bogus IEC holders etc., it has been decided by the Board to put in place the "Know Your Customer (KYC)" guidelines for CHAs so that they are not used intentionally or unintentionally by importers / exporters who indulge in fraudulent activities. Accordingly, Regulation 13 of CHALR, 2004, has been suitably amended to provide that certain obligations on the CHAs to verify the antecedent, correctness of Import Export 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. In this regard, a detailed guideline on the list of documents to be verified and obtained from the client/ customer is enclosed in the annexure. It would also be obligatory for the client/ customer to furnish to the CHA, a photograph of himself/herself in the case of an individual and those of the authorised signatory in respect of other forms of organizations such as company/ trusts etc., and any two of the listed documents in the annexure. (v) Time limit for completion of suspension proceedings against CHA licensee under r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of personal hearing so granted by him. (vi) CHA licenses in respect of individuals who had passed the examination under CHALR, 1984: 8. The Board considered the issue of CHA licence for individuals who had passed examination under earlier CHALR, 1984 in its entirety, and in the context of the pronouncement of the Hon'ble Madras High Court in W.P.No.707-716/2009 in the case of Isak Ebinesar & Ors. Vs Chairman (CBEC) & Ors. [2009 -TMI - 33215 - MADRAS HIGH COURT] and that of the Hon'ble Delhi High Court in the case of Sunil Kohli & Ors. Vs Union of India in W.P.(C) No.17808-73 of 2004 and that of Hon'ble Punjab & Haryana High Court in the case of Union of India Vs Shree Narendra M. Prabhakar in CWP No.15463 of 2005. It also noted that the examination for grant of CHA licence had been conducted seven times since the promulgation of the CHALR, 2004 and that five years have lapsed since the new Regulations have come into force. It also took cognizance of the departure in the norms and the revised contents of the examination prescribed under CHALR, 2004. The conditions under CHALR, 2004 have been made more stringent and higher eligibility criteria in educational qualification like CA, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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