Customs Brokers Licensing
(Amendment) Regulations, 2021
[Notification
No. 62/2021-Customs (N.T.) dated 23rd July 2021]
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 Brokers 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)]