Revised Laws of Saint Lucia (2021)

Customs Brokers and Customs Clerks Regulations

(Statutory Instrument 4/2006)

Statutory Instrument 4/2006 .. in force 23 January 2006

ARRANGEMENT OF REGULATIONS

CUSTOMS BROKERS AND CUSTOMS CLERKS REGULATIONS – SECTION 26

Commencement [23 January 2006]

1.   Citation

These Regulations may be cited as the Customs Brokers and Customs Clerks Regulations.

2.   Interpretation

In these Regulations—

“Act” means the Customs Brokers and Customs Clerks Act;

“Secretary” means Secretary of the Commission.

3.   Form of Application

For the purposes of section 14(1) of the Act which deals with applications for licences or permit, an application for—

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   (a)     an apprentice permit;

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   (b)     a customs clerk licence;

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   (c)     a customs broker licence;

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   shall be in the form prescribed in Schedule 1.

4.   Application Requirement

Completed application forms in the quantity specified by the Commission shall be submitted to the Secretary and accompanied by—

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   (a)     a non-refundable fee prescribed in Schedule 2;

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   (b)     a current police record;

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   (c)     a form of picture identification; and

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   (d)     a certified birth certificate.

5.   Notice of Application

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   (1)   The Secretary shall post a notice of each application received by him or her at the main office of Customs and the office of the Commission, and such notice shall remain posted for a period of not less than 14 days.

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   (2)   The notice in sub-regulation (1) shall—

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      (a)     state the name and address of the applicant;

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      (b)     state the type of licence applied for; and

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      (c)     invite comments regarding the advisability of issuing the licence.

6.   Comment on Application

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   (1)   On receipt of an application, the Secretary may forward it to Customs for comment.

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   (2)   The Comptroller of Customs shall, within 14 days of receiving the application for comment, forward such comments to the Commission through the Secretary.

7.   Candidates for Examination

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   (1)   An apprentice applying for a customs clerk licence shall not be accepted as a candidate for examination unless the Commission is satisfied that he or she has completed an apprenticeship period of not less than 12 continuous months.

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   (2)   A person holding a customs clerk licence who wishes to advance to a higher grade shall not be accepted (as a candidate for examination) unless he or she first satisfies the Commission that he or she has had not less than 6 months experience of the duties of a customs clerk at the current grade.

8.   Notice to Candidates of Examination

Within 30 days of receiving an application, the Commission shall notify applicants of their eligibility to take the examination.

9.   Holding of Examinations

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   (1)   The Commission shall hold examinations in matters relating to customs laws and procedures and other related subjects.

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   (2)   The Commission shall 60 days before the holding of any examination publish a notice in the Gazette and 2 local newspapers indicating the month in which the examinations are to be held.

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   (3)   The Commission shall notify each candidate at least 14 days prior to the holding of any examination, of the date, time and place of such examination.

10.   Form of Licences or Permit

For the purposes of section 14(2) of the Act which deals with the granting of licences or permits—

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   (a)     an apprentice permit shall be in the form prescribed in Form 1;

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   (b)     a customs clerk licence shall be in the form prescribed in Form 2;

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   (c)     a customs broker licence shall be in the form prescribed in Form 3;

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   of Schedule 3.

11.   Grades of Customs Clerk Licence

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   (1)   The Customs Clerk licence shall be issued in any of the following grades—

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      (a)     Clearance Certified;

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      (b)     Boarding Certified;

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      (c)     Entry Certified.

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   (2)   A customs clerk licence at grade Clearance Certified shall be issued to a person who has knowledge of customs laws and procedures relating to the examination and clearance of goods out of customs charge.

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   (3)   A customs clerk licence at grade Boarding Certified shall be issued to a person who has knowledge of the customs laws and procedures relating to the boarding of ships and aircraft and is competent in the preparation, processing and submission of declarations for shipment of cargo and ship's stores.

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   (4)   A customs clerk licence at grade Entry Certified shall be issued to a person who is competent in the preparation, processing and submission of declarations and other documents for the importation and exportation of goods, and has a thorough knowledge of customs laws and procedures.

12.   Advancement to Higher Grade

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   (1)   Subject to sub-regulation (2), a person who holds a customs clerk licence or apprentice permit who wishes to advance to a higher grade or to apply for a Customs Broker licence may undergo a course of training approved by the Commission, to qualify for such licence.

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   (2)   Despite sub-regulation (1), a person who holds a Customs Clerk Entry Certified licence need not undergo a course of training to qualify for a Customs Broker licence.

13.   Applications for Renewal

For the purposes of section 16(2) of the Act which deals with the conditions of licences or permit—

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   (a)     an application for the renewal of—

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      (i)     an apprentice permit,

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      (ii)     a customs clerk licence,

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      (iii)     a customs broker licence,

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   shall be in the form prescribed in Form 2 of Schedule 1;

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      (b)     the renewal fees shall be as prescribed in Schedule 2.

14.   Form of Renewal Licence or Permit

The renewal of—

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   (a)     an apprentice permit shall be in the form prescribed in Form 4;

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   (b)     a customs clerk licence shall be in the form prescribed in Form 5; and

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   (c)     a customs broker licence shall be in the form prescribed in Form 6,

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   of Schedule 3.

15.   Form of Bond

For the purposes of section 17 of the Act (which deals with the bonding of customs broker), the bond to be delivered to the Commission by a holder of a customs broker licence shall be in the form prescribed in Schedule 4.

16.   Expenditures of Fund

For the purposes of section 20(1) of the Act which deals with the establishment of a fund, all expenditure charged against the fund shall be authorized by the Commission and cheques shall be signed by the Chairperson or Secretary and any other member of the Commission.

17.   Registration Form

For the purposes of section 21(1) of the Act which deals with registration of customs clerk and apprentice, an employer shall register the name of his or her employee who holds a customs clerk licence or an apprentice permit and who is employed by him or her to enter or clear goods or to effect other transactions, in the form prescribed in Schedule 5.

18.   Register

The Commission shall maintain a register containing the information given by an employer in regulation 17.

19.   Restriction on Apprentices

An apprentice registered under section 21(1) of the Act shall not sign any customs document but may transact other business at customs for and on behalf of the person to whom he or she is apprenticed and by whom he or she is employed.

20.   Liability for Acts of Apprentice

An employer or the person on whose behalf an apprentice transacts business shall be liable for the acts or omissions of the apprentice acting within the scope of his or her apprenticeship or employment.

21.   Responsibilities of Customs Brokers, Employers and Apprentices

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   (1)   Every customs broker and every employer of a customs clerk or apprentice shall—

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      (a)     establish and maintain a registered office;

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      (b)     keep adequate records of all—

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         (i)     transactions pertaining to his or her import and export undertakings and of all customs documents processed by him or her,

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         (ii)     the names of customs clerks and apprentices working for him or her in the form prescribed in Schedule 6; and

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      (c)     retain copies of all correspondence, bills, accounts, statements and other papers relating to his or her transactions with Customs.

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   (2)   All records and papers described in sub-regulation (1) shall be retained and preserved by every customs broker or employer for a period of 5 years and such records and papers shall be available at any time for examination by the Commission or by any person duly authorized by the Commission.

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   (3)   Where a customs clerk or apprentice is no longer employed with a customs broker or employer that customs broker or employer shall immediately notify the Commission of such termination of employment.

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   (4)   Any disciplinary action against a customs clerk or apprentice shall be immediately reported to the Commission by the customs broker or employer.

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   (5)   Every customs broker, customs clerk or apprentice shall furnish to his or her client or employer evidence of all payments made in respect of the client's or employer's importation or exportation.

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   (6)   Where a customs broker, customs clerk or apprentice knows or has reason to believe that his or her client or employer has failed to comply with a provision of the laws relating to customs and excise or other related matters, he or she shall—

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      (a)     promptly advise his or her client or employer of the non-compliance;

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      (b)     where the client continues not to comply, report such facts to the Comptroller.

22.   Customs Broker Fees

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   (1)   Subject to this sub-regulation, the fees and charges for the regular services of a customs broker shall be as prescribed in Schedule 7.

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   (2)   The fees in sub-regulation (1) shall be subject to review by the Commission from time to time.

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   (3)   The fees for services other than those specified in Schedule 7 including consultation shall be negotiable.

23.   Release of Goods

A person who requires goods to be cleared from customs shall be required to supply the customs broker of all necessary documentation and information to facilitate obtaining release of such goods from customs charge.