(a)
| (i) |
The provisions of section 60 and the rules therefore, including the definitions, shall apply mutatis mutandis to the provisions in respect of a clearing agent's licence specified in section 64B and these rules and any applicant for such a licence must— |
| (aa) |
apply in accordance with rule 60.01A(b) on form DA 185 or the electronic application and the relevant annexure or the corresponding screen or page of the electronic application, as the case may be and comply with all the requirements specified therein and in the rules and any additional requirements that may be determined by the Commissioner; |
[Rule 64B.01 (1,2,3,4)(a)(i)(aa) substituted by section 67 of Notice No. R.473, GG43245, dated 24 April 2020].
| (bb) |
submit with the application a completed agreement in accordance with the pro forma agreement specified in these rules; |
| (cc) |
before a licence is issued, furnish the security the Commissioner may require. |
| (ii) |
Where any security is furnished in the form of a surety bond, such bond shall be subject to the provisions of rules 120.08 and 120.09. |
| (b) |
A licence issued under this paragraph authorises the transaction of business as a clearing agent in the control area of the Controller who issued and any Controllers listed on, the licence, only if at least one person at the business address of the clearing agent, for the duration of the licence— |
| (i) |
transacts business as a clearing agent at such address on a full-time basis; |
| (ii) |
meets the requirements of sufficient knowledge of customs and excise laws and procedures as contemplated in paragraph (c). |
(c)
| (i) |
Until such time as the Commissioner prescribes a qualification as contemplated in section 64B(2)(c), sufficient knowledge of customs and excise laws and procedures for the purposes of rule 64B.01(1, 2, 3, 4)(b) is established at any time during the validity of the licence where the clearing agent, if a natural person, or if any other person, any director or member, a person having the management of any association of persons or a partner or a trustee, as the case may be, or any permanent employee of such clearing gent, has conducted the business of a clearing agent or has been employed in such business, as the case may be, for at least five years or such shorter period as the Commissioner on good cause shown, may allow. |
| (ii) |
The names of the persons complying with the requirements of sufficient knowledge in the control area of each Controller where the clearing agent conducts business must be furnished with any application for, or renewal of, a licence. |
| (d) |
Every licensed clearing agent shall— |
| (i) |
at the premises where the business is transacted— |
| (aa) |
prominently display a sign bearing the business nature, registered and trading names of the business; and |
| (bb) |
a copy of the licence; |
| (ii) |
immediately notify the Controller of any change— |
| (aa) |
in the address of the business; |
| (bb) |
in the legal status of the business; |
| (cc) |
in the individuals who meet the knowledge requirement and who are employed full-time by the licensee at the control area in respect of which the licence was issued. |
| (e) |
The Commissioner or a Controller may, on application by the licensee and on furnishing of such security as the Commissioner may require, endorse a licence to include the control area of a Controller not stated on the licence when it was issued. |
(f)
| (i) |
In the case of a clearing agent who at his or her business address complies with paragraphs (b) and (c), the requirements of those paragraphs shall be deemed to have been met for transacting business at any customs office if that agent— |
| (aa) |
is a registered user for purposes of electronic communication as contemplated in section 101A; |
| (bb) |
generates, stores, transmits and receives electronic messages at that address for the clearance of goods at any customs office; and |
| (cc) |
for the purposes of performing any function in connection with the goods at the customs office to which such a message is transmitted has an employee or any authorised representative in attendance at that customs office. |
| (ii) |
Any employee or representative contemplated in subparagraph (i), must produce written authority to act on behalf of the licensed clearing agent who transmitted such message to the Controller. |
Implementation of Geneva Conventions Act, 2012
