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Customs Agents Act [Cap 41]

Commencement: 28 March 1966

LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988

CHAPTER 41

CUSTOMS AGENTS

JR 19 of 1965
JR 25 of 1966

ARRANGEMENT OF SECTIONS

SECTION

1. Customs agent

2. Licence required

3. Issue of licence
4. Withdrawal of licence

5. Customs agents to produce evidence of premises and business licence

6. Customs agents to draw up customs declaration
SCHEDULE - Application for a licence to carry on the business of a customs agent.

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CUSTOMS AGENTS

To regulate the activities of customs agents.

CUSTOMS AGENT

1. Any person or corporate body carrying on the business of performing on behalf of another person, and against payment, the customs formalities connected with the detailed declaration of goods - whether this business be carried on as the main business, or whether it be part of the normal complement of the main business - shall be deemed to be a customs agent.

LICENCE REQUIRED

2. Notwithstanding the provisions of the Business Licence Act, Cap. 173, no person shall carry on the business of performing on behalf of another person the customs formalities connected with the detailed declaration of goods if he has not been licensed as a customs agent.

ISSUE OF LICENCE

3. (1) A licence shall be issued by the Minister responsible for finance, after consultation with the Director of Customs and shall be personal to the applicant, following an application addressed to the Director of Customs through the District Commissioner of the District concerned, in the form prescribed in the Schedule.

(2) A licence shall state the customs office or offices for which the licence is valid.

(3) A licence shall be granted within 2 months following the date of application.

(4) Decisions to reject applications - the reasons for which need not be disclosed - shall be notified individually to the applicants by the Director of Customs. If no reply is made within 2 months, the application may be regarded as approved.

WITHDRAWAL OF LICENCE

4. (1) The Minister responsible for finance, after consultation with the Director of Customs, may withdraw any licence either temporarily or permanently.

(2) In the event of renunciation of the permit by the holder thereof, the decease of the holder of such a permit, or the winding up of a company holding a permit, the Director of Customs shall certify that the permit has become null and void, and shall make this fact known to all those concerned by means of public announcements in the Gazette and notices displayed in places where this is normally done.

(3) The Director of Customs may request that the permit be withdrawn -

(a) when an amendment to the articles of a company holding a permit seems to him to be incompatible with the retention of the permit;

(b) when the holder of a permit has not carried on any professional activity for a period of 1 year;

(c) each time the holder of a permit has committed an offence either against customs legislation or against professional practice.

(4) At least 2 weeks before transmitting the file to the Minister responsible for finance, the Director of Customs shall notify the person or body concerned of the proposed measures and invite him to provide explanations in writing.

(5) The Minister responsible for finance shall give a decision with regard to the proposals made by the Director of Customs within 2 months following the transmission of the file. If a decision is not taken within 2 months, the proposals made by the Director of Customs may be regarded as approved.

CUSTOMS AGENTS TO PRODUCE EVIDENCE OF PREMISES AND BUSINESS LICENCE

5. (1) Every customs agent shall, within a period of 2 months as from the date of issue of his licences, give evidence to the Director of Customs of the following -

(a) that he is in possession of premises in Vanuatu at each port where he intends to carry on his professional activity;

(b) that he has paid the licence fee under the Business Licence Act, Cap. 173, relative to the business of a customs agent.

(2) A person shall not carry out any business transaction as a customs agent before producing the evidence required by subsection (1).

CUSTOMS AGENTS TO DRAW UP CUSTOMS DECLARATION

6. (1) The customs agent himself shall draw up the declaration. He may make provisional payment of the duties and taxes, and may himself present the goods for examination.

(2) He may authorise in writing his salaried employees to act on his behalf.

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SCHEDULE

(Section 3(l))

APPLICATION FOR LICENCE AS CUSTOMS AGENT*

Application for a licence to carry on the business of a customs agent

PART 1 (to be completed by applicant)

Surname and first names .....................................................................................................

Address ..............................................................................................................................

Name in which business will be conducted ..........................................................................

Address at which business will be conducted .......................................................................

............................................................................................................................................

............................................... (signature)

PART 2 Comments of District Commissioner

............................................................. ............................................................
............................................................. ............................................................

PART 3 Comments of Treasury
............................................................................................................................................

*Five copies required.

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