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Customs - Board's Circulars22.06.2011

Issue of Custom House Agent License – Reference from field formations.

Document Text

Circular No.25/2011-Customs F.No.502/4/2011-Cus.VI Government of India Ministry of Finance Department of Revenue Central Board of Excise & Customs North Block, Room No. 253-A, New Delhi, the 22nd June, 2011. Subject: Issue of Custom House Agent License – Reference from field formations – regarding. Attention is invited to provisions of the Custom House Agents Licensing Regulations (CHALR), 2004 and various circulars and instruction issued from time to time in this regard. 2. Attention is also invited to Board’s Circular No.9/2010-Customs dated 08.04.2010 which stipulates that those applicants who have passed the examination referred to in Regulation 9 of CHALR, 1984, but were not given Licence under the said Regulation were required to appear in the examination and qualify the same under Regulation 8 of CHALR, 2004 in respect of additional subjects as provided in Notification No.30/2010-Customs (NT) dated 08.04.2010. The persons who qualify in the aforesaid examination shall be deemed to have passed under regulation 8 of the CHALR, 2004 and would be considered for grant of CHA licence in terms of regulation 9 of the CHALR, 2004. 3. Further, Board’s Circular No.9/2010-Customs dated 08.04.2010 clearly mentions that the requirement of number of licences will be determined by market forces and no numerical criterion can be fixed. Considering the pendency of non-grant of Licences to eligible qualified in the past, vide applicants, Board, F.No.502/5/2005-Cus.VI dated 31.10.2007, had also directed that all pending cases be liquidated and all eligible candidates should be granted Licences. instruction issued in 4. It has been reported that in spite of the aforementioned individual Commissioners are still Circular/Instruction of Board continuing to regulate the number of CHA. Despite qualifying in the examinations and passing additional subjects, licences are still not being granted under Regulation 9 of CHALR, 2004 by concerned Commissioner on the ground that the Commissionerate have to issue a separate public notice inviting fresh applications in this regard. 5. Board has taken a serious note of non-compliance of its instructions by the Commissioners who are not issuing licence to eligible applicants. In order to resolve the issue, it is reiterated that Commissioners should not restrict the number of CHAs and shall grant licences to all eligible applicants. A compliance report indicating number of eligible applicants who have been granted licence may be sent by 15.07.2011. Needless to state the other procedural requirements will have to be fulfilled by all such eligible applicants who are being granted licences. 6. Board’s decision may be brought to the notice of the trade by Standing issuing orders/instructions may also be issued for the guidance of the field officers. Trade/Public Notices. Suitable suitable 7. Difficulties faced, if any, in implementation of this Circular may be brought to the notice of the Board immediately. (Vikas) Under Secretary (Customs-III/VI) Telefax-011-2309 5532 Fax-011-2309 2173 E-mail-uscusiii@nic.in

Source: Government of India — Customs - Board's Circulars, dated 22.06.2011. Text is machine-extracted for reference; the officially published version prevails. Not legal advice.

HS Codes Referenced

198420042005200720102011217323095532

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