Rule 37
License For The Customs Agent
(1) For the purpose of appointing the customs agent, the Department may call application by issuing public notice from time to time from the persons interested to get customs agent license.
(2) After the Notification is published pursuant to Sub-rule (1), persons interested to get license and with the qualification as mentioned below may apply by paying the fixed fee in the Department or the customs offices in a format mentioned in Schedule-5.
(a) Who has completed Twenty One years of age,
(b) Who has a minimum qualification of certificate level or 12 th grade pass or equivalent,
(c) Who does not have any outstanding due to be paid to the government,
(d) Who has convicted by court in any criminal offence.
(3) Notwithstanding anything contained in Sub-rule (2), any person who has worked as a representative of the customs agent for more than Two years till Bikram Sambat 2065 Baishakh 14 and it is certified by the chief of the customs office on the basis of the record, such person may apply for the customs agent and qualification mentioned in Clause (b) of Sub-rule (2) shall not be necessary for such person.
(4) The Department shall select the appropriate persons to issue license for customs agent from among the applicants through written examination and interview.
(5) Person selected as per Sub-rule (4), shall pay customs agent license fee of Three Thousand Rupees and a deposit of Three Hundred Thousand Rupees in cash or a bank guarantee of the equivalent amount. In such case, the applicants applying in the Department or the customs offices, the respective offices shall issue license in a format as mentioned in Schedule-6.
(6) The license issued pursuant to Sub-rule (5) shall remain valid for One fiscal year. In order to renew the license, the interested licensee shall apply to the license issuing authority by paying Three Thousand Rupees as renew charge before the new fiscal year begins and shall enclose following documents.
a) Certificate of income tax payment,
b) In case of bank guarantee, the due date of the bank guarantee shall be for the period for which the customs
agent license is to be renewed. Provided that, in case the customs agent wish to renew the license for Three fiscal years, the agent may apply for renew by paying sum of the license fee for Three fiscal years.
(7) If the customs agent fails to renew the license pursuant to Sub- rule (6), the agent may renew it within One year from the date of expiry of the license by paying additional Three Thousand Rupees as late fee. If any licensee does not renew the license within this period, the license shall be automatically cancelled.
(8) Notwithstanding anything contained in Sub-rule (7), the customs agent shall not be permitted to work as customs agent for the period failing to renew the license.
(9) The licensee shall normally be present in person at the customs office. In case of his/her absence, he/she shall nominate a representative with the qualification as mentioned in the Sub-rule (2) and may apply for the approval to the Chief of the customs office.
(10) The Chief of the Customs Office may permit to nominate the representative after enquiring with the customs agent and his representative, once the application pursuant to Sub-rule (9) is received. After getting permission from the customs office, the customs agent shall nominate the representative to work in the specific customs office to work on the customs agent’s behalf and such nomination paper shall be certified from the chief of customs office.
(11) In case of customs agent appointing one representative, no additional deposit or bank guarantee as per Sub-rule (5) shall be required. In case customs agent is appointing more than one representative in different customs, not more than one representative in each customs office may be appointed in a manner laid down in Sub-rule (10) and specified qualification in Sub-rule (2). If such representative is to be appointed, the customs agent shall deposit additional cash or bank guarantee in accordance with Sub-rule (5), before the chief of customs office approves the nomination of the representative. Provided that, the customs agent shall not nominate another representative in the customs office if the representative has already been nominated in accordance with Sub-rule (10).
(12) The Person nominated by the customs agent as representative in accordance with the Rule may work only in the
designated customs office.
(13) Customs agent shall be fully responsible for the customs related activities of the customs agent’s representative nominated in accordance with Sub-rule (10) or (11).
(14) The Department may implement the Manual relating to customs agent’s rank, code of conduct, procedure to conduct examination, syllabus and other matters relating to customs agent without contravening the provisions incorporated in the Act and the Rules.
(15) The customs agent license issued prior to 2064 Baishak 14 shall be considered as the license issued under this Rule .
(16) Notwithstanding anything contained in this Rule, any person who has worked as representative of the customs agent for more than two years until Bikram Sambat 2064 Baishakh 14 and is certified by the chief of the customs office on the basis of the record, such person may be appointed as representative and qualification mentioned in Clause (b) of Sub-rule (2) shall not be necessary for such person.
(2) After the Notification is published pursuant to Sub-rule (1), persons interested to get license and with the qualification as mentioned below may apply by paying the fixed fee in the Department or the customs offices in a format mentioned in Schedule-5.
(a) Who has completed Twenty One years of age,
(b) Who has a minimum qualification of certificate level or 12 th grade pass or equivalent,
(c) Who does not have any outstanding due to be paid to the government,
(d) Who has convicted by court in any criminal offence.
(3) Notwithstanding anything contained in Sub-rule (2), any person who has worked as a representative of the customs agent for more than Two years till Bikram Sambat 2065 Baishakh 14 and it is certified by the chief of the customs office on the basis of the record, such person may apply for the customs agent and qualification mentioned in Clause (b) of Sub-rule (2) shall not be necessary for such person.
(4) The Department shall select the appropriate persons to issue license for customs agent from among the applicants through written examination and interview.
(5) Person selected as per Sub-rule (4), shall pay customs agent license fee of Three Thousand Rupees and a deposit of Three Hundred Thousand Rupees in cash or a bank guarantee of the equivalent amount. In such case, the applicants applying in the Department or the customs offices, the respective offices shall issue license in a format as mentioned in Schedule-6.
(6) The license issued pursuant to Sub-rule (5) shall remain valid for One fiscal year. In order to renew the license, the interested licensee shall apply to the license issuing authority by paying Three Thousand Rupees as renew charge before the new fiscal year begins and shall enclose following documents.
a) Certificate of income tax payment,
b) In case of bank guarantee, the due date of the bank guarantee shall be for the period for which the customs
agent license is to be renewed. Provided that, in case the customs agent wish to renew the license for Three fiscal years, the agent may apply for renew by paying sum of the license fee for Three fiscal years.
(7) If the customs agent fails to renew the license pursuant to Sub- rule (6), the agent may renew it within One year from the date of expiry of the license by paying additional Three Thousand Rupees as late fee. If any licensee does not renew the license within this period, the license shall be automatically cancelled.
(8) Notwithstanding anything contained in Sub-rule (7), the customs agent shall not be permitted to work as customs agent for the period failing to renew the license.
(9) The licensee shall normally be present in person at the customs office. In case of his/her absence, he/she shall nominate a representative with the qualification as mentioned in the Sub-rule (2) and may apply for the approval to the Chief of the customs office.
(10) The Chief of the Customs Office may permit to nominate the representative after enquiring with the customs agent and his representative, once the application pursuant to Sub-rule (9) is received. After getting permission from the customs office, the customs agent shall nominate the representative to work in the specific customs office to work on the customs agent’s behalf and such nomination paper shall be certified from the chief of customs office.
(11) In case of customs agent appointing one representative, no additional deposit or bank guarantee as per Sub-rule (5) shall be required. In case customs agent is appointing more than one representative in different customs, not more than one representative in each customs office may be appointed in a manner laid down in Sub-rule (10) and specified qualification in Sub-rule (2). If such representative is to be appointed, the customs agent shall deposit additional cash or bank guarantee in accordance with Sub-rule (5), before the chief of customs office approves the nomination of the representative. Provided that, the customs agent shall not nominate another representative in the customs office if the representative has already been nominated in accordance with Sub-rule (10).
(12) The Person nominated by the customs agent as representative in accordance with the Rule may work only in the
designated customs office.
(13) Customs agent shall be fully responsible for the customs related activities of the customs agent’s representative nominated in accordance with Sub-rule (10) or (11).
(14) The Department may implement the Manual relating to customs agent’s rank, code of conduct, procedure to conduct examination, syllabus and other matters relating to customs agent without contravening the provisions incorporated in the Act and the Rules.
(15) The customs agent license issued prior to 2064 Baishak 14 shall be considered as the license issued under this Rule .
(16) Notwithstanding anything contained in this Rule, any person who has worked as representative of the customs agent for more than two years until Bikram Sambat 2064 Baishakh 14 and is certified by the chief of the customs office on the basis of the record, such person may be appointed as representative and qualification mentioned in Clause (b) of Sub-rule (2) shall not be necessary for such person.