info on CHA........................export import procedures and documentation
Export-Import Procedures
and
Documentation
Customs House Agent
Introduction
Before the clearing and forwarding agents came into the picture, the export-import rules and procedures were very complex, time-consuming in short difficult to understand. So as to make it easy, the commission rate of customs have issued clearing and forwarding license to the people who have proved themselves convergent with customs rules and regulations.
The clearing and forwarding agents are also known by different names such as custom house agent or freight forwarders or shipping agents.
“Customs House Agent (CHA) is a person who is licensed to act as an agent for transaction of any business relating to the entry or departure of conveyances or the import or export of goods at any Customs station.”
Clearing and forwarding agents are authorized by the Government of India to not only help the importers and the exporters but also to bring it to the notice of the custom officials any irregularities in the customs rules and regulations operated by the customs, importer and exporter. The clearing agent should be converse with customs act rules and regulations.
Three facets of customs clearance:
A customs house agent clears and forwards the goods arrived at the following places:-
1. Goods which come by a foreign post.
2. Goods which come through Sea-ports.
3. Goods which come through Airports
Mode of Payment
The C&F offers various services to its clients. While planning for distribution logistics, the exporter should in the first instance, appoint C&F agents to provide him the required services. There are no standardized rates of charges taken by these agents. The exporter should negotiate with these agents the amount of fees payable to them in relation to the desired services or even could pay him on commission basis.
Invitation of application
The Commissioner may invite applications for the grant of such number of licences as assessed by him, to act as Customs House Agents in the month of January every year by means of a notice affixed on the notice board of each Customs Station as well as through publication in at least two newspapers having circulation in the area of his jurisdiction specifying therein the last date of receipt of application. Such application shall be for clearance work within the jurisdiction of the said Commissioner.
Application for licence
(1) An application for a licence to act as a Custom House Agent in a Customs Station shall be made in Form A and shall contain the name and the address of the person applying; and
(2) If the applicant is a firm-
(a) The name and address of every partner of the firm, the firm's name, and
(b) The name of the partner or the duly authorised employee, who will actually be engaged in the clearance of goods or conveyances through the customs.
(3) If the applicant is a company-
(a) The name of each director, manager, managing director, and
(b) The names of director, manager or the duly authorised employee, who will actually be engaged in the clearance of goods or conveyances through the customs.
Form – A
Application Form for Grant of Custom House Agent’s Licence under
Section 146 of the Customs Act, 1962
1. Name and Full address of the applicant
2. In case the applicant is a firm or a company, the name(s) of its partner/partners or director/directors or duly authorized employees who will actually be engaged in the work as Custom House Agents.
3. In case it is desired to appoint clerk(s), the name and address of the clerk(s)
4. Educational qualification of each of the persons, who will actually be engaged in the work as Customs House Agent (including proof of working knowledge of computers)
5. Particulars regarding knowledge of English, local language and Hindi
6. Particulars regarding knowledge of Customs Law and procedure.
7. Whether the applicant had earlier applied for a licence to act as Customs House Agent and whether such application was rejected.
8. Whether he or the firm or company by whom he is employed have earlier held a Custom House Agent’s Licence under these Regulations and whether it was cancelled or suspended.
9. Whether the applicant or any of the persons proposed to be employed by him have been penalized, convicted or prosecuted under any of the provisions of the Customs Act, 1962 or any other law for the time being in force
10. Number and date of each of the documents furnished.
I/We hereby affirm that I/we have read the Customs House Agent’s Licensing Regulations, 2004 and agree to abide by them.
Date:
Signature of applicant(s)
FORM – B
Licence for Custom House Agent
Licence No……………..
M/s/Shri……………………………………………………………….. Address……………………………………………………………………… is/are hereby authorized to transact business as Custom House Agent all over India subject to the conditions laid down in this licence.
It is the condition of this licence that in the case of firm or a company, the Custom House Agent’s work shall be transacted through one of the following persons:-
Name of person(s) Specimen Signature(s)
1. _________________________ __________________________
2. _________________________ __________________________
3. _________________________ __________________________
4. _________________________ __________________________
5. _________________________ __________________________
Customs Station of issue
Signature of the Commissioner of Customs
(With seal)
Date of Issue:
Conditions of the License
This license is issued subject to the following conditions:
The Licensee shall -
1. not sell or otherwise transfer the licence to any other person.
2. obtain an authorisation from each of the companies, firms or individuals by whom he is for the time being employed as Custom House Agent and produce such authorisation whenever required by an Assistant or Deputy Commissioner of Customs;
3. transact business in the Customs Station either personally or through an employee duly approved by the Assistant or Deputy Commissioner of Customs, designated by the Commissioner of Customs;
4. in the event of the licence being lost, report the same immediately to the Commissioner of Customs;
5. ensure that he discharges his duties as Custom House Agent with utmost speed and efficiency and without avoidable delay.
6. comply with the obligations specified.
Validity of licence
The validity of licence is for a period of five years.
Extension of licence
An applicant seeking revalidation or extension of licence has to apply before the validity expires, to the Commissioner. It will be renewed for a period of five years either from the date of expiration of licence or from the date of last renewal of licence.
A CHA seeking renewal has to satisfy the Commissioner that he has conformed to the norms fixed by the Commissioner regarding minimum quantity and value of cargo clearance and that he is not guilty of misconduct or that he has not been the cause of delayed clearance of goods or delayed payment of duty. The renewal fee payable is Rs.3000/-
Employment of Persons
A CHA may employ one or more persons for assisting him in his work as CHA. The appointed person should have atleast passed X standard examination.
The appointment of a person has to be approved by the Deputy/Assistant Commissioner designated for this purposes by the Commissioner. A new appointee has to pass an examination within six months which is conducted by a committee of Customs officers, for ensuring that the appointee has adequate working knowledge of the provisions of statutes.
A person who has passed this examination while working under a CHA will not be required to appear for examination when he works for another CHA.
The CHA will be responsible for the conduct of his employees and acts of omissions and commissions by them.
Export-Import Procedures
and
Documentation
Customs House Agent
Introduction
Before the clearing and forwarding agents came into the picture, the export-import rules and procedures were very complex, time-consuming in short difficult to understand. So as to make it easy, the commission rate of customs have issued clearing and forwarding license to the people who have proved themselves convergent with customs rules and regulations.
The clearing and forwarding agents are also known by different names such as custom house agent or freight forwarders or shipping agents.
“Customs House Agent (CHA) is a person who is licensed to act as an agent for transaction of any business relating to the entry or departure of conveyances or the import or export of goods at any Customs station.”
Clearing and forwarding agents are authorized by the Government of India to not only help the importers and the exporters but also to bring it to the notice of the custom officials any irregularities in the customs rules and regulations operated by the customs, importer and exporter. The clearing agent should be converse with customs act rules and regulations.
Three facets of customs clearance:
A customs house agent clears and forwards the goods arrived at the following places:-
1. Goods which come by a foreign post.
2. Goods which come through Sea-ports.
3. Goods which come through Airports
Mode of Payment
The C&F offers various services to its clients. While planning for distribution logistics, the exporter should in the first instance, appoint C&F agents to provide him the required services. There are no standardized rates of charges taken by these agents. The exporter should negotiate with these agents the amount of fees payable to them in relation to the desired services or even could pay him on commission basis.
Invitation of application
The Commissioner may invite applications for the grant of such number of licences as assessed by him, to act as Customs House Agents in the month of January every year by means of a notice affixed on the notice board of each Customs Station as well as through publication in at least two newspapers having circulation in the area of his jurisdiction specifying therein the last date of receipt of application. Such application shall be for clearance work within the jurisdiction of the said Commissioner.
Application for licence
(1) An application for a licence to act as a Custom House Agent in a Customs Station shall be made in Form A and shall contain the name and the address of the person applying; and
(2) If the applicant is a firm-
(a) The name and address of every partner of the firm, the firm's name, and
(b) The name of the partner or the duly authorised employee, who will actually be engaged in the clearance of goods or conveyances through the customs.
(3) If the applicant is a company-
(a) The name of each director, manager, managing director, and
(b) The names of director, manager or the duly authorised employee, who will actually be engaged in the clearance of goods or conveyances through the customs.
Form – A
Application Form for Grant of Custom House Agent’s Licence under
Section 146 of the Customs Act, 1962
1. Name and Full address of the applicant
2. In case the applicant is a firm or a company, the name(s) of its partner/partners or director/directors or duly authorized employees who will actually be engaged in the work as Custom House Agents.
3. In case it is desired to appoint clerk(s), the name and address of the clerk(s)
4. Educational qualification of each of the persons, who will actually be engaged in the work as Customs House Agent (including proof of working knowledge of computers)
5. Particulars regarding knowledge of English, local language and Hindi
6. Particulars regarding knowledge of Customs Law and procedure.
7. Whether the applicant had earlier applied for a licence to act as Customs House Agent and whether such application was rejected.
8. Whether he or the firm or company by whom he is employed have earlier held a Custom House Agent’s Licence under these Regulations and whether it was cancelled or suspended.
9. Whether the applicant or any of the persons proposed to be employed by him have been penalized, convicted or prosecuted under any of the provisions of the Customs Act, 1962 or any other law for the time being in force
10. Number and date of each of the documents furnished.
I/We hereby affirm that I/we have read the Customs House Agent’s Licensing Regulations, 2004 and agree to abide by them.
Date:
Signature of applicant(s)
FORM – B
Licence for Custom House Agent
Licence No……………..
M/s/Shri……………………………………………………………….. Address……………………………………………………………………… is/are hereby authorized to transact business as Custom House Agent all over India subject to the conditions laid down in this licence.
It is the condition of this licence that in the case of firm or a company, the Custom House Agent’s work shall be transacted through one of the following persons:-
Name of person(s) Specimen Signature(s)
1. _________________________ __________________________
2. _________________________ __________________________
3. _________________________ __________________________
4. _________________________ __________________________
5. _________________________ __________________________
Customs Station of issue
Signature of the Commissioner of Customs
(With seal)
Date of Issue:
Conditions of the License
This license is issued subject to the following conditions:
The Licensee shall -
1. not sell or otherwise transfer the licence to any other person.
2. obtain an authorisation from each of the companies, firms or individuals by whom he is for the time being employed as Custom House Agent and produce such authorisation whenever required by an Assistant or Deputy Commissioner of Customs;
3. transact business in the Customs Station either personally or through an employee duly approved by the Assistant or Deputy Commissioner of Customs, designated by the Commissioner of Customs;
4. in the event of the licence being lost, report the same immediately to the Commissioner of Customs;
5. ensure that he discharges his duties as Custom House Agent with utmost speed and efficiency and without avoidable delay.
6. comply with the obligations specified.
Validity of licence
The validity of licence is for a period of five years.
Extension of licence
An applicant seeking revalidation or extension of licence has to apply before the validity expires, to the Commissioner. It will be renewed for a period of five years either from the date of expiration of licence or from the date of last renewal of licence.
A CHA seeking renewal has to satisfy the Commissioner that he has conformed to the norms fixed by the Commissioner regarding minimum quantity and value of cargo clearance and that he is not guilty of misconduct or that he has not been the cause of delayed clearance of goods or delayed payment of duty. The renewal fee payable is Rs.3000/-
Employment of Persons
A CHA may employ one or more persons for assisting him in his work as CHA. The appointed person should have atleast passed X standard examination.
The appointment of a person has to be approved by the Deputy/Assistant Commissioner designated for this purposes by the Commissioner. A new appointee has to pass an examination within six months which is conducted by a committee of Customs officers, for ensuring that the appointee has adequate working knowledge of the provisions of statutes.
A person who has passed this examination while working under a CHA will not be required to appear for examination when he works for another CHA.
The CHA will be responsible for the conduct of his employees and acts of omissions and commissions by them.