Who can be a Customs Broker?

Application for Customs Broker licence and eligibility:

Customs Brokers to be licensed.-

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 these regulations: 

Provided that no licence under these 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.

 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/ACMA/FCMA 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.

 Examination of the applicant.-

(1) An applicant, who satisfies the requirements of regulation 6, shall be required to appear for a written as well as oral examination conducted by the DGICCE:

            Provided that an applicant who has already passed the examination referred to in regulation 9 of the Custom House Agents Licensing Regulation, 1984 and regulation 8 of the Custom House Agents Licensing Regulation, 2004 shall not be required to appear for any further examination.

(2) The written examination shall be conducted on specified dates in month of January of each year for which intimation shall be sent individually to applicants in advance before the date of examination and the result of the said examination shall be declared by end May each year.

(3) The applicant who is declared successful in the written examination shall be called for an oral examination on specified dates in month of June of each year, the result of which shall be declared in the month of July of each year.

(4) The applicant shall be required to clear written examination as well as oral examination.

(5) An applicant who fails to clear the oral examination within two years from date of declaration of result of the related written examination, shall be treated as having failed in the examination.  

(6) An applicant shall be allowed a maximum period of seven years from the date of original application within which he shall pass both written and oral examinations and no further extension shall be granted.