CHAPTER CUSTOMS BROKERS AND CUSTOMS CLERKS ACT

Transcription

1 SAINT LUCIA CHAPTER CUSTOMS BROKERS AND CUSTOMS CLERKS ACT Revised Edition Showing the law as at 31 December 2005 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Revised Edition of the Laws Act. This edition contains a consolidation of the following laws CUSTOMS BROKERS AND CUSTOMS CLERKS ACT Act 3 of 2001 in force 1 January 2003 (S.I.121/2002)

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3 Laws of Saint Lucia Customs Brokers and Customs Clerks Act Cap CHAPTER CUSTOMS BROKERS AND CUSTOMS CLERKS ACT ARRANGEMENT OF SECTIONS Section 1. Short title Interpretation Establishment and composition of Commission Appointment of Secretary Period of appointment of members Power to appoint alternates Resignation from Commission Revocation of appointment Publication in Gazette Sittings of the Commission Functions of the Commission Requirement for licence or permit Categories of licences and permits Applications for and grant of licence or permit Examinations Conditions of licences or permits Bonding of customs broker Penalty for work other than for employer Publication Fund Registration of customs clerk and apprentice Suspension, revocation or refusal of licences or permits Savings provisions Limitation on the number of customs brokers Mitigation of penalties Regulations... 15

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5 Laws of Saint Lucia Customs Brokers and Customs Clerks Act Cap CHAPTER CUSTOMS BROKERS AND CUSTOMS CLERKS ACT (Act 3 of 2001) AN ACT to regulate the licensing and operations of customs brokers, customs clerks, and apprentices and for related matters. Commencement [1 January 2003] 1. SHORT TITLE This Act may be cited as the Customs Brokers and Customs Clerks Act. 2. INTERPRETATION In this Act apprentice means a person who has been granted and who holds a valid apprentice permit; apprentice permit means an apprentice permit issued under section 14; Chairperson means the Chairperson referred to under section 3; Commission means the Customs Brokers and Customs Clerks Commission established by section 3; Comptroller has the meaning assigned to it by the Customs (Control and Management) Act; Customs means the Customs and Excise Department; customs broker means a person who has been granted and who holds a valid customs broker licence; customs broker licence means a customs broker licence issued under section 14; customs clerk means a person, not being a customs broker, who has been granted and holds a valid customs clerk licence;

6 6 Cap Customs Brokers and Customs Clerks Act Laws of Saint Lucia customs clerk licence means a customs clerk licence issued under section 14; customs enactments has the meaning given to it in the Customs (Control and Management) Act; Minister means the Minister responsible for finance; prescribed means prescribed in regulations made under section 26; recognised examination body includes the Caribbean Examination Council. 3. ESTABLISHMENT AND COMPOSITION OF COMMISSION (1) There is hereby established a body corporate to be known as the Customs Brokers and Customs Clerks Commission and to which section 19 of the Interpretation Act shall apply. (2) The Commission shall consist of the Comptroller and 6 other members appointed by the Minister as follows three persons nominated by and drawn from the following bodies (i) (ii) Customs and Excise Department, Saint Lucia Air and Sea Ports Authority, (iii) the Ministry with the responsibility for commerce; three persons nominated by and drawn from the membership of the following bodies (i) (ii) the Chamber of Commerce and Industry, the Shipping Association, (iii) any association representing customs brokers and customs clerks. (3) The Comptroller shall be ex-officio Chairperson of the Commission. 4. APPOINTMENT OF SECRETARY (1) The Commission shall appoint a Secretary from among its members. (2) The Secretary shall have custody of the seal of the Commission.

7 Laws of Saint Lucia Customs Brokers and Customs Clerks Act Cap PERIOD OF APPOINTMENT OF MEMBERS All members of the Commission other than the Comptroller shall hold office for a term of 2 years but shall be eligible for re-appointment. 6. POWER TO APPOINT ALTERNATES (1) Subject to subsection (2), where a member will be absent from the State or is prevented by illness or any other cause from exercising his or her functions as a member of the Commission, the body which nominated the member shall notify the Minister of that member s inability to perform the function as a member of the Commission; and shall nominate another person to act in the place of that member during the period of the member s absence or incapacity; and the Minister shall appoint that other person as an alternate member. (2) The body which nominates a member under section 3 may advise the Minister of the names of 2 alternate members who will serve in the absence of a member in circumstances as contemplated in subsection (1) and the Minister shall appoint such persons as alternate members, and any one of these alternate members may sit and function as a member of the Commission in the absence of the members nominated by the body. 7. RESIGNATION FROM COMMISSION (1) A member of the Commission, who was nominated by and drawn from any of the bodies as set out in section 3(2), may resign by informing the Chairperson in writing of his or her intention to resign and the date on which his or her resignation will take effect, and shall send a copy of such letter to his or her nominating body. (2) A member of the Commission who was nominated by and drawn from any other bodies as set out in section 3(2), may resign from the Commission if the member is transferred to another Ministry; is promoted to a higher post; or

8 8 Cap Customs Brokers and Customs Clerks Act Laws of Saint Lucia (c) resigns or retires from the Public Service. 8. REVOCATION OF APPOINTMENT The Minister may revoke the appointment of a member of the Commission where the Minister is satisfied that the member (c) has failed without reasonable excuse to carry out his or her duties for 3 consecutive meetings of the Commission; is incapacitated physically or mentally to such an extent as to impair his or her ability and render him or her unable to perform his or her duties or is otherwise unfit to perform his or her duties; has had his or her nomination withdrawn by the body which nominated him or her. 9. PUBLICATION IN GAZETTE The names of all members of the Commission as first constituted and every change in membership thereof shall be published in the Gazette. 10. SITTINGS OF THE COMMISSION (1) If at any meeting of the Commission the Chairperson is absent, the members present shall elect one of their number to be Chairperson for that meeting. (2) Five members of the Commission shall constitute a quorum at any meeting, and the decision of the majority present shall be the decision of the Commission. (3) In the event of an equality of votes at any meeting, the member presiding at that meeting shall in addition to his or her original vote, have a casting vote. (4) The Chairperson may summon a meeting of the Commission at any time. (5) The Chairperson, shall, within 7 days of receipt by him or her of a written request for that purpose signed by any 2 members convene, a special meeting of the Commission. (6) Except with the permission of the Chairperson, all meetings shall be convened on notice of not less than 2 clear days.

9 Laws of Saint Lucia Customs Brokers and Customs Clerks Act Cap FUNCTIONS OF THE COMMISSION The functions of the Commission shall be to (c) (d) promote high standards of efficiency and integrity in the conduct of persons licensed to perform the duties of customs brokers, customs clerks, and apprentices; supervise and monitor the training of apprentices; issue customs broker licences, customs clerk licences and apprentice permits to those who attain the standards set by the Commission; and ensure the maintenance of standards set by the Commission. 12. REQUIREMENT FOR LICENCE OR PERMIT (1) A person shall not (c) (d) carry on business as a customs broker unless that person has been granted and holds a valid customs broker licence; be employed as a customs clerk unless that person has been granted and holds a valid customs clerk licence; or be employed as apprentice unless that person has been granted and holds a valid apprentice permit; employ another person as a customs clerk or an apprentice unless that other person holds a valid customs clerk licence or apprentice permit. (2) A person who contravenes subsection (1) commits an offence and upon summary conviction is liable to a fine of $1, CATEGORIES OF LICENCES AND PERMITS (1) A licence granted under section 14 shall be a customs broker licence, the holder of which may undertake, on behalf of any person for a fee or reward, any function set out or allowed in the customs enactments relating to (i) (ii) the entering or clearing of imported goods, or the exportation of goods;

10 10 Cap Customs Brokers and Customs Clerks Act Laws of Saint Lucia a customs clerk licence the holder of which may (i) (ii) for a fee or reward undertake on behalf of his or her employer any function set out or allowed in the customs enactments relating to the entering or clearing of imported goods, or the exportation of goods, except the signing of documents required for consideration by Customs, board a ship or aircraft on behalf of the agents of the ship or aircraft provided that the holder is an employee of the agent. (2) A permit granted under section 14 shall be an apprentice permit the holder of which may be employed by a customs broker or by an employer of a customs clerk to be trained as a customs clerk. 14. APPLICATIONS FOR AND GRANT OF LICENCE OR PERMIT (1) A person may apply in the prescribed form to the Commission for a customs broker licence; or if he or she is a customs broker or the employer of a customs clerk, for a customs clerk licence or an apprentice permit on behalf of his or her employee. (2) The Commission may, subject to section 23, grant a licence applied for under subsection (1), if satisfied that the applicant in the case of a customs broker licence, or the employee on whose behalf the application is made in the case of a customs clerk licence or an apprentice permit (c) (d) (e) has paid the prescribed fee; has attained the age of eighteen years; is not suffering from any mental incapacity; has passed an examination in Mathematics and English Language as set by a recognised examination body; and with respect to an application for a licence only, has satisfied the Commission as to his or her fitness and competence, and has been successful at the examination set for this purpose under section 15.

11 Laws of Saint Lucia Customs Brokers and Customs Clerks Act Cap EXAMINATIONS The Commission may set examinations or may use any other means as it thinks necessary to satisfy itself as to the competence and fitness of any applicant for a licence or permit under this Act. 16. CONDITIONS OF LICENCES OR PERMITS (1) Subject to subsection (2) a licence or permit granted under this Act shall expire on 31 December in each year. (2) A licence or permit granted under this Act may be renewed prior to or on the date of its expiry on application in the prescribed forms and payment of the prescribed renewal fee to the Commission, but such application and payment for renewal shall not be made earlier than one calendar month prior to the expiry of the licence. (3) In addition to the prescribed renewal fee, a penalty of $100 shall be paid to the Commission where a customs broker, customs clerk, or apprentice respectively, applies for renewal of his or her licence or permit, under subsection (2), after 31 December. 17. BONDING OF CUSTOMS BROKER A holder of a customs broker licence shall deliver to the Commission a bond in the prescribed form in the sum of $5,000 with one or more sureties as may be approved by the Commission, and in accordance with the Customs (Control and Management) Act, for the faithful and honest performance of his or her duties under the customs enactments, or this Act. 18. PENALTY FOR WORK OTHER THAN FOR EMPLOYER (1) A holder of a customs clerk licence or apprentice permit shall not for reward assist any person other than his or her employer in connection with the entering or clearing of goods or other transaction under the customs enactments. (2) A holder of a customs clerk licence or apprentice permit who contravenes subsection (1) commits of an offence and upon summary conviction is liable to a fine of $500.

12 12 Cap Customs Brokers and Customs Clerks Act Laws of Saint Lucia 19. PUBLICATION (1) The Commission shall cause to be published within 3 months after the end of the current year in the Gazette a notice containing the names of the holders of licences and permits; and quarterly notices in respect of licences and permits in force, issued, or revoked under this Act. (2) The Commission shall prominently display a notice made under subsection (1) at all Customs offices. 20. FUND (1) All monies collected by the Commission under this Act shall be paid into a fund to be managed by the Commission and to be used towards defraying expenses incurred in carrying out the provisions of this Act. (2) The Commission shall appoint auditors who shall report annually to the Minister on the fund referred to in subsection (1). 21. REGISTRATION OF CUSTOMS CLERK AND APPRENTICE (1) A person shall immediately register with the Commission in the prescribed form 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 under the customs enactments. (2) A person who fails to comply with the provisions of subsection (1) commits an offence and upon summary conviction is liable to a fine of $250. (3) A customs clerk licence or apprentice permit shall become invalid upon the termination of the holder s employment with the person who applied for the customs clerk licence or apprentice permit on their behalf.

13 Laws of Saint Lucia Customs Brokers and Customs Clerks Act Cap SUSPENSION, REVOCATION OR REFUSAL OF LICENCES OR PERMITS (1) The Commission may suspend, revoke, or refuse to renew a customs broker licence, customs clerk licence or an apprentice permit issued to any person under this Act if at least 7 clear days notice is given prior to the holding of an inquiry; and after holding an inquiry at which the person is given an opportunity of being present and of being heard, the Commission is of the opinion that the customs broker licence, customs clerk licence or apprentice permit should be suspended, revoked or not renewed. (2) In arriving at a decision on an inquiry held under subsection (1) the Commission may take into account the mental or physical incapacity of the person; and court records relating to the conviction of that person by a court of competent jurisdiction on charges relating to misconduct, fraud or corruption in the performance of his or her duties as a customs broker, customs clerk or apprentice. (3) The Commission shall notify a person and that person s employer, if any, of the suspension, revocation of or refusal to renew that person s customs broker licence, customs clerk licence or apprentice permit and in the notification shall state the reasons therefor. (4) A person whose customs broker licence, customs clerk licence or apprentice permit has been suspended, revoked, or the renewal thereof has been refused, may appeal against such suspension, revocation, or refusal to the High Court, except where the customs broker licence, customs clerk licence or apprentice permit has been suspended, revoked or refused renewal owing to a conviction and the statutory limit for appealing such a conviction has elapsed. (5) Where the Commission suspends, revokes, or refuses to renew a customs broker licence, customs clerk licence or apprentice permit and

14 14 Cap Customs Brokers and Customs Clerks Act Laws of Saint Lucia no appeal against the suspension, revocation or refusal to renew has been made within one month of the suspension, revocation or refusal; or an appeal has been made but disallowed, a notice of the suspension, revocation or refusal to renew shall be published in the Gazette and displayed at all Customs offices. 23. SAVINGS PROVISIONS (1) Where at the commencement of this Act a person has been (c) for a period of not less than 5 years, carrying on business as a customs broker or employed as a customs clerk, that person may continue to act as such but shall within 3 months apply in the prescribed form for the appropriate licence without being required to take the examination referred to in section 15, and the Commission shall grant the appropriate licence on payment of the prescribed fee; for a period of less than 5 years, carrying on business as a customs broker or employed as a customs clerk, that person may continue to act as such but shall within 6 months apply on the prescribed form for and be granted the appropriate licence on satisfying section 14(2); for a period of not less than 3 months, employed as an apprentice, he or she may continue to act as such but shall within one month apply in the prescribed form for and be granted an apprentice permit or customs clerk licence on satisfying section 14(2). (2) The period for which a person has been carrying on business under subsection (1) or (1) or the length of employment under subsection (1)(c) shall be verified by the Comptroller prior to the grant of a licence by the Commission under this section. 24. LIMITATION ON THE NUMBER OF CUSTOMS BROKERS The Minister may, by order published in the Gazette, limit the number of persons who may be licensed as customs brokers and the Commission shall govern itself accordingly.

15 Laws of Saint Lucia Customs Brokers and Customs Clerks Act Cap MITIGATION OF PENALTIES The Commission may, subject to the approval of the Minister, signified in writing, mitigate or remit any penalty it has imposed on any person for a breach of this Act at any time prior to the commencement of proceedings in any court. 26. REGULATIONS The Commission may, subject to the approval of the Minister make regulations generally for giving effect to the provisions of this Act, and for prescribing all things required to be prescribed and in particular such regulations may relate to the nature, scope and conduct of examinations referred to in section 15 and the fees payable for such examinations; the establishment and supervision of an apprenticeship scheme for the training of persons desirous of becoming customs brokers or customs clerks.