Rule 38
Appointment Of Customs Agent
(1) Any exporter or importer may clear the goods or other works relating to customs being present in the customs office in person.
(2) In case the exporter or importer is a government institution, fully or partially owned public enterprises or institution, the Board of Director or the Chief Executive officer or administrative chief of such institution or body may decide to appoint its staff to be present at the customs office to clear the goods or do any other customs related function.
(3) In case the exporter or importer is any legally registered firm, company, organized body or institution; the Director or partner or the Chief Executive officer or administrative chief of such firm, company, organized body or institution may decide to appoint an office r level staff of the firm, company, organized body or institution to be present at the customs office to clear the goods or do any other customs related function.
(4) In case the exporter or importer would like to clear the goods or do some other customs related function through the custom agent, the exporter or importer may appoint the customs agent in the format as prescribed in Schedule-7.
(5) In case a customs agent is appointed in accordance with Sub-rule (4), the exporter or importer shall make available the documents such as- appointment letter; renewed customs agent’s license, evidence to prove that the signature to appoint the customs agent is that of the legally registered exporter or importer, in case of
firm, company, organized institution; certified copy of certificate of registration and PAN number, In order to establish the authenticity of the documents, the chief of the customs office may ask to produce the true copy of the documents through the customs agent to the chief of the customs office from where the import or export takes place.
Provided that,
(a) If the importer or exporter has to reappoint the same customs agent in the same customs office,
among the documents mentioned in this Rule, the documents of non renewable nature shall not be required to be submitted.
(b) If the importer or exporter is a natural person, such person shall submit certified copy of renewed copy of license, citizenship certificate, PAN number if the person is liable to take PAN, along with the appointment letter of the customs agent.
(6) The customs agent shall submit the appointment letter pursuant to Sub-rule (5), and the attached documents to the Chief of the customs office from where the import or export of the goods takes place.
(7) Upon the enquiry into the customs agent’s appointment letter pursuant to Sub-rule (6) and the attached documents, if customs agent is found to be qualified to work in the customs related job, the chief of the customs office shall allow the customs agent to fill in the particulars with his/her signature and keep the record of the appointment letter and certify accordingly.
(8) Upon the enquiry into the customs agent’s appointment letter pursuant to Sub-rule (6) and the attached documents, if customs agent is found not to be qualified for working the customs related job, the chief of customs office shall cancel the appointment and inform in writing to the importer or exporter accordingly through the same customs agent.
(9) Customs agent appointed before the implementation of these Rule shall comply with the provisions made in Sub-rules (5), (6) and (7) within Thirty days from the date of implementation of these Rule. If customs agent does not comply with the process, such agent shall not be allowed to work as custom agent.
(2) In case the exporter or importer is a government institution, fully or partially owned public enterprises or institution, the Board of Director or the Chief Executive officer or administrative chief of such institution or body may decide to appoint its staff to be present at the customs office to clear the goods or do any other customs related function.
(3) In case the exporter or importer is any legally registered firm, company, organized body or institution; the Director or partner or the Chief Executive officer or administrative chief of such firm, company, organized body or institution may decide to appoint an office r level staff of the firm, company, organized body or institution to be present at the customs office to clear the goods or do any other customs related function.
(4) In case the exporter or importer would like to clear the goods or do some other customs related function through the custom agent, the exporter or importer may appoint the customs agent in the format as prescribed in Schedule-7.
(5) In case a customs agent is appointed in accordance with Sub-rule (4), the exporter or importer shall make available the documents such as- appointment letter; renewed customs agent’s license, evidence to prove that the signature to appoint the customs agent is that of the legally registered exporter or importer, in case of
firm, company, organized institution; certified copy of certificate of registration and PAN number, In order to establish the authenticity of the documents, the chief of the customs office may ask to produce the true copy of the documents through the customs agent to the chief of the customs office from where the import or export takes place.
Provided that,
(a) If the importer or exporter has to reappoint the same customs agent in the same customs office,
among the documents mentioned in this Rule, the documents of non renewable nature shall not be required to be submitted.
(b) If the importer or exporter is a natural person, such person shall submit certified copy of renewed copy of license, citizenship certificate, PAN number if the person is liable to take PAN, along with the appointment letter of the customs agent.
(6) The customs agent shall submit the appointment letter pursuant to Sub-rule (5), and the attached documents to the Chief of the customs office from where the import or export of the goods takes place.
(7) Upon the enquiry into the customs agent’s appointment letter pursuant to Sub-rule (6) and the attached documents, if customs agent is found to be qualified to work in the customs related job, the chief of the customs office shall allow the customs agent to fill in the particulars with his/her signature and keep the record of the appointment letter and certify accordingly.
(8) Upon the enquiry into the customs agent’s appointment letter pursuant to Sub-rule (6) and the attached documents, if customs agent is found not to be qualified for working the customs related job, the chief of customs office shall cancel the appointment and inform in writing to the importer or exporter accordingly through the same customs agent.
(9) Customs agent appointed before the implementation of these Rule shall comply with the provisions made in Sub-rules (5), (6) and (7) within Thirty days from the date of implementation of these Rule. If customs agent does not comply with the process, such agent shall not be allowed to work as custom agent.