9911796707
TMI BlogInstructions with regard to Compliance of CBLR, 2018X X X X Extracts X X X X X X X X Extracts X X X X ..... #39; Licensing Regulations, 2018 (CBLR, 2018), governing the Customs Brokers, Regulation 10 clearly laid down the obligations to be fulfilled by the Customs Broker and the same is reproduced below for reference: "10 Obligations of Customs Broker - A Customs Broker shall - (a) obtain an authorisation from each of the companies, firms or individuals by whom he is for the time being employed as a Customs Broker and produce such authorisation whenever required by the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be; (b) transact business in the Customs Station either personally or through an authorised employee duly approved by the Deputy Commissioner of Customs or Assistant Commissioner of Custom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the proper officer; (i) not attempt to influence the conduct of any official of the Customs Station in any matter pending before such official or his subordinates by the use of threat, false accusation, duress or the offer of any special inducement or promise of advantage or by the bestowing of any gift or favour or other thing of value; (j) not refuse access to, conceal, remove or destroy the whole or any part of any book, paper or other record, relating to his transactions as a Customs Broker which is sought or may be sought by the Principal Commissioner of Customs or Commissioner of Customs, as the case may be; (k) maintain up to date records such as bill of entry, shipping bill, transhipment application, etc., all correspondence, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall join investigations promptly in the event of an inquiry against them or their employees." 3. While Regulation 10 of CBLR, 2018 enumerates the obligations of the CBs for ascertaining identity of an Importer / Exporter, many instances have come to notice wherein the CBs are committing violations of CBLR. CBs are associating themselves with unidentified persons in filing Bills of Entry / Shipping Bills and for further clearance work etc., which is resulting in smuggling of goods viz., either prohibited or contraband. The main cause for such situation is arising out of the following reasons:- i) Non compliance of KYC norms by Customs Brokers (Circular 9/2010-Cus dated 08.04.2010) especially conditions mentioned in Para 6 of the Ci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Form F or Form G as the case may be to sign the declaration on the bills of entry, shipping bills, annexure thereof or any other document generated in connection with the proceedings under the Act or the rules or regulations made there under. (8) Where the Customs Broker has authorised any person employed by him in accordance with sub-regulation (7) to sign documents relating to his business on his behalf, he shall file with the Deputy Commissioner of Customs or Assistant Commissioner of Customs of each Customs Station, as the case may be, a written authority in this behalf and give prompt notice in writing if such authorisation is modified or withdrawn. (11) Any change in the persons issued a F card or G card or H card and actually eng ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e CBs are entrusted with the responsibility of acting as an Agent / Broker for the importer / exporter relating to import and export clearances, the actions as mentioned above have been found to be carried out with a disregard to the Regulations and Bond executed by them. In some cases, the omissions and commissions by the CBs are such that it goes beyond reasonable doubt in confirming that they are very much involved in the offences committed under the Customs Act, 1962. It was found in some instances that such violations are helping unidentified persons to smuggle goods and remain untraceable for the investigation after committing the crime. It may also be stated that irrespective of the fact whether the CB commits these omissions either ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
