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TMI BlogCustoms BrokersX X X X Extracts X X X X X X X X Extracts X X X X ..... pection of Customs and Central Excise (DGICCE) in the month of April every year for conducting examination and subsequent grant of license to act as Customs Broker in prescribed Form A of CBLR by publication in two leading national daily newspaper in Hindi and English. The application in Form A shall be made to Commissioner of Customs having jurisdiction over the area where the applicant wants to transact business. 2.2 The eligibility condition as per Regulation 5 of CBLR 2013 is that an applicant should be a citizen, a person of sound mind, is not adjudicated as insolvent and confirms financial viability by a certificate issued by a scheduled bank or such other proof acceptable to Commissioner of Customs evidencing possession of assets of value of not less than ₹ 5 lakhs. Further an individual applicant or in the case applicant is a firm or company its partner or director or an authorized employee shall be a graduate from a recognized university and possess a professional degree such as Masters or equivalent degree in Accounting , Finance or Management, CA./ MBA/LLB or Diploma in Customs Clearance work from any institute or university recognized by the Government or is ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) examination goods at Customs Stations; (i) prohibitions on import and export; (j) bonding procedure and clearance from bond; (k) re-importation and conditions for free re-entry; (l) Drawback and export promotion schemes including SEZ scheme; (m) offences under the Act; (n) provisions of the allied Acts including the Indian Explosives Act 1884, Destructive Insects and Pests Act 1914, Dangerous Drugs Act 1930, Drugs and Cosmetics Act 1940, Central Excise Act 1944, Copy Right Act 1957, Trade and Merchandise Marks Act 1958, Arms Act 1959, Patents Act 1970, Narcotics Drugs and Psychotropic Substances Act 1985, Foreign Trade (Development and Regulations) Act, 1992, Foreign Exchange Management Act 1999, Design Act, 2000 and Food Safety and Standard Act, 2006 in so far as they are relevant to Customs clearance of goods; (o) provisions of the Prevention of Corruption Act, 1988; (p) procedure for appeal and revision applications under the Act; and (q) on-line filing of electronic Shipping Bills or Bills of Entry via ICEGATE/ICES. 4. Bond for grant of licence: 4.1 The Commissioner of Customs shall on payment of ₹ 5,000/- grant lice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... if registered in the Customs station and recognized by Commissioner of Customs). (v) Self attested PAN card copy in the name of Customs Broker (Attested/Notarized), if not given earlier. 5.3 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. [Refer Circular No 8/2014-Cus., dated 13-6-2014] 6. Obligations of Customs Brokers: 6.1 Regulation 11 of the CBLR 2013 casts certain obligations on a Customs Broker . Some of the important obligations enjoin the Customs Broker are to : (a) obtain an authorisation from each of the companies, firms or individuals by whom he is for the time being employed as Customs Broker and produce such authorisation whenever required by the Assistant/Deputy Commissioner of Customs; (b) transact business in the Customs Station either personally or through an employee duly approved by the Assistant/Deputy Commissioner of Customs; (c) not represent a client in any manner to which the Customs Broker , as a former employee of the Central Board o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... code number, identity of his client and functioning of the client at the declared address by using reliable, independent, authentic documents, data and information; and (o) Inform any change of postal address, telephone number, e- mail etc. to the Deputy Commissioner / Assistant Commissioner of Customs within 1 month of such change. 7. Suspension, revocation of licence or imposition of penalty: 7.1 The Commissioner of Customs may revoke the licence of a Customs Broker and order for forfeiture of part or whole of security, or impose penalty not exceeding ₹ 50,000 on him on any of the following grounds: (a) failure of to comply with any of the conditions of the bond executed by him; (b) failure to comply with any of the provisions of the regulations; (c) committing any misconduct, which in the opinion of the Commissioner renders him unfit to transact any business in the Customs Station; (d) adjudicated as an insolvent; (e) becomes of unsound mind; and (f) has been convicted by a Court for an offence involving moral turpitude. 7.2 The Commissioner of Customs may, in appropriate cases where immediate action is necessary, suspend the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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