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TMI BlogCustoms BrokersX X X X Extracts X X X X X X X X Extracts X X X X ..... Customs Broker. 1.2 Section 146 of the Customs Act, 1962 read with the Customs Brokers Licensing Regulations (CBLR), 2013 governs the legal and procedural aspects of the grant of Customs Broker licence as well as the obligations and responsibilities of a Customs Broker. 2. Application for Customs Broker licence and eligibility: 2.1 Regulation 4 of CBLR 2013 provides for invitation of applications by Directorate General of Inspection 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 Commi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Any applicant who satisfies the criteria of Regulations 5 of CBLR 2013 and has applied for grant of licence under Regulation 4 shall be required to appear for the written as well as the oral examination conducted by the Directorate General of Inspection of Customs & Central Excise( DGICCE). 3.2 The written examination shall be conducted on specified dates in month of January of each year for which intimation shall be sent individually to applicants in advance before the date of examination. The result of the said examination shall be declared by end May each year. The successful applicant shall be called for an oral examination on specified dates in month of June of each year, the result of which shall be declared in the month of July of e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... chandise 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 ICEGA TE/ICES. 4. Bond for grant of licence: 4.1 The Commissioner of Customs shall on payment of Rs.5,000/- grant license to an applicant who has passed the oral examination within two months of date of declaration of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (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 authorization 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 of Excise and Customs gave personal consideration, or as to the facts of which he gained knowledge, while in Government service; (d) advise his client to comply with the provisions of the Act and in case of non- compliance, shall bring the matte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ustoms Broker which is sought or may be sought by Commissioner of Customs; (k) maintain up to date record such as bill of entry , shipping bill , transshipment application and all correspondences and other papers relating to his business as Customs Broker and also accounts including financial transactions in an orderly and itemized manner as specified by Deputy / Assistant Commissioner of Customs and keep them current; (l) immediately report the loss of license to the Commissioner of Customs; (m) discharge duty as a Customs Broker with utmost speed and efficiency; (n) Verify antecedents, correctness of IEC code number, identity of his client and functioning of the client at the declared address by using reliable, independent, authen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s from the date of receipt of an offence report, stating the grounds on which it is proposed to revoke the licence or impose penalty and require the said Customs Broker to submit within 30 days to a nominated Deputy / Assistant Commissioner of Customs a written defense and also to specify whether the Customs Broker desires a personal hearing by the said Deputy / Assistant Commissioner of Customs. Thereafter, the Commissioner of Customs may direct the Deputy / Assistant Commissioner of Customs to inquire into the grounds which are not admitted by the Customs Broker. At the conclusion of the inquiry, the Deputy / Assistant Commissioner of Customs shall submit the enquiry repor within 90 days from the date of issue of the notice. 7.4 The Comm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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