Customs brokers act on behalf of companies for import and export of goods, particularly in India where they must be licensed. They address import/export issues for companies lacking resources, and are authorized by the local Customs Commissioner after meeting certain requirements.
A customs broker has the right to act on behalf of a company over actions involving the import and export of goods. The phrase is most commonly used in India. There such agents must be licensed under Section 146 of the Customs Act.
The purpose of a custom home agent is to address the problem that the management of many businesses simply do not have the resources to deal with import and export issues themselves. This is a particular concern given that India has traditionally been a trading nation. There is also a high degree of bureaucracy in Indian business.
The laws governing these agents specify that any action taken is treated legally as if it were done by the company itself. In legal terms, the agent is treated as if he were the rightful owner of the assets he is dealing with. An exception to this is that a customs house agent normally cannot be held personally liable for any unpaid duty by the company.
A customs agent must be authorized by the local Customs Commissioner. This is a two-step process, involving an initial temporary license. Application is only open to graduates with legal employment status and sound finances.
To be eligible to become a custom house agent, a candidate must have experience working in customs matters. This experience must last at least a certain period of time. In most cases this is three years, but a commissioner can reduce this to one year if the candidate presents an acceptable case for doing so, in writing.
Once someone has a temporary license, they have one year to become a regular license holder. This is done by passing an exam, which is held twice a year. If a candidate fails the exam by the end of the first year, an extension of six months or a year may be granted to allow for further attempts. Such extensions are only granted to applicants who can demonstrate that they have performed a certain level of work during their period as temporary license holders. Candidates are allowed a maximum of three attempts to pass the exam.
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