License if operating as customs broker

  • Act/Rule/Legislation

  • Online Link to Act/Rule/Legislation

  • Initial Setup or Ongoing Maintenance

    Initial Setup only

  • Filing and Maintenance Requirements

    No person shall carry on business as a Customs Broker relating to the entry or departure of a conveyance or the import or export of goods at any Customs Station unless such person holds a licence granted under the regulations:

    Provided that no licence under the regulations shall be required by —

    (a) an importer or exporter transacting any business at a Customs Station solely on his own account;

    (b) any employee of any person or a firm transacting business generally on behalf of such person or firm, and holding an identity card or a temporary pass issued by the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be,: and

    (c) an agent employed for one or more vessels or aircrafts in order solely to enter or clear such vessels or aircrafts for work incidental to his employment as such agent.

  • Penalty

    A Customs Broker, who contravenes any provisions of these regulations or who fails to comply with any provision of these regulations shall be liable to a penalty which may extend to fifty thousand rupees.

  • Application Guidelines / Responsible Persons / Comments

    Invitation of application-
    (1) The Directorate General of Inspection of Customs and Central Excise ( DGICCE) shall in the month of April of every year invite applications for conducting examination and subsequent grant of licence to act as Customs Broker in Form A by publication in two leading national daily newspapers in English and Hindi.
    (2) The application for a licence to act as a Customs Broker in a Customs Station in Form A shall be made to the Commissioner of Customs having jurisdication over the area where the applicant intends to carry on his business.

    Conditions to be fulfilled by the applicants.-
    The applicant for a licence to act as a Customs Broker in a Customs Station, shall prove to the satisfaction of the Commissioner of Customs, that :-
    (a) he is a citizen of India;
    (b) he is a person of sound mind;
    (c) he is not adjudicated as insolvent;
    (d) he has neither been convicted by a competent court for an offence nor any criminal proceeding is pending against him in any court of law; and
    (e) he has not been penalised for any offence under the Act, the Central Excise Act, 1944 and the Finance Act, 1994.
    (f) an individual applicant or in case the applicant is a firm or company its partner or director or an authorised employee who may handle the Customs work shall:
    (i) be a graduate from a recognised University, and

    (ii) possess a professional degree such as Masters or equivalent degree in Accounting, Finance or Management, CA/MBA/LLB or Diploma in Customs Clearance work from any Institutes or University recognised by the Government or is having at least two years experience in transacting Customs Broker work as G-Card holder;
    (g) he is a retired Group A officer from the Indian Customs and Central Excise Services having a minimum of five years experience in Group 'A' service;
    (h) the applicant has financial viability as evidenced by a certificate issued by a Scheduled Bank or such other proof acceptable to the Commissioner of Customs in terms of possession of assets of value of not less than five lakhs rupees:
    Provided that for the purpose of his satisfaction, the Commissioner of Customs may make enquiries as may be deemed fit.