|
CUSTOM
HOUSE AGENTS (LICENSING) DECREE,
1978 (SMCD 188)
ARRANGEMENT OF SECTIONS
Section
1. Custom House Agents to be
licensed
2. Grant of Licence to body of
persons
3. Condition and validity of
licences
4. Fees
5. Renewal of licences
6. Exemption from requirement of
Decree
7. Regulations
8. Interpretation
9. Transitory provisions
10. Commencement.
BE IT ENACTED by the Supreme
Military Council as follows:—
Section 1—Custom House Agents to
be Licensed.
No person shall engage in the
business of custom house agent
unless that person has been
granted a licence by the
Comptroller of Customs and Excise
(referred to in this Decree as
"the Comptroller") or an officer
authorised in that behalf in
accordance with regulations made
under this Decree.
Section 2—Grant of Licence to Body
of Persons.
(1) The Comptroller shall not
grant a licence under this Decree
to any body corporate or
partnership unless:
(a) in the case of a body
corporate, that body corporate is
authorised by its instrument of
incorporation to transact the
business of custom house agent; or
(b) in the case of partnership the
partnership is by virtue of its
partnership agreement authorised
to transact the business of custom
house agent;
(c) at least two officers of the
body corporate or in the case of a
partnership two members of the
partnership are licensed custom
house agents;
(d) the Comptroller is satisfied
that the body corporate or
partnership has a permanent place
of business.
(2) A licence granted to any body
corporate or partnership shall be
deemed revoked if for a continuous
period of sixty days after the
grant of licence there are not at
least two officers of that body
corporate or two members of that
partnership who are licensed
custom house agents.
(3) When a licence is revoked by
virtue of subsection (2) of this
section the Comptroller may notify
in writing the body corporate, or
the partnership concerned.
Section 3—Conditions and Validity
of Licences.
A
licence granted under this Decree
shall be subject to such
conditions and shall be valid for
such period as the Comptroller may
specify in the licence.
Section 4—Fees.
There shall be paid in respect of
a licence granted by the
Controller under this Decree such
fee as the Commissioner
responsible for Finance (referred
to in this Decree as "the
Commissioner") may by regulations
under section 7 of this Decree
prescribe.
Section 5—Renewal of Licences.
A
licence granted under this Decree
shall be renewable after the
expiration of the period specified
therein and upon the payment of
such renewal fee as the
Commissioner may prescribe by
regulations made under section 7
of this Decree.
Section 6—Exemption from
Requirement of Decree.
(1) Nothing in this Decree shall
be construed as to require any
licence in respect of the
following, namely,
(a) an importer or exporter
transacting custom business solely
on his own behalf;
(b) an employee of a custom house
agent authorised by the agent to
sign customs documents on his
behalf if such agent has filed a
power of attorney for that purpose
with the Collector-in-Charge of
the port where such agent
transacts his business;
(c) transactions in connection
with entry or clearance of
vessels;
(d) a common carrier making an
entry for any merchandise to be
transported under bond on behalf
of another person.
(2) Without prejudice to
subsection (1) of this section the
Commissioner may in writing exempt
any person or class of person from
the requirement of a licence under
this Decree.
Section 7—Regulations.
The Commissioner may by
legislative instrument make
regulations—
(a) providing for the grant,
suspension or revocation of
licences;
(b) providing for the conditions
for the grant, suspension or
revocation of licences;
(c) prescribing fees including
renewal fees for licences;
(d) providing for the inspection
of books, records and other
relevant documents and business
premises of custom house agents;
(e) prescribing for a fine not
exceeding ¢1,000.00 or
imprisonment for a term not
exceeding two years or both for
any contravention of regulations
made under this section;
(f) otherwise for giving full
effect to the principles and
objects of this Decree.
Section 8—Interpretation.
In this Decree—
"business of customs" or "customs
business" means the preparation,
signing and presenting of
documents with respect to the
import and export of goods;
"Commissioner" means the
Commissioner responsible for
Finance;
"Comptroller" means the
Comptroller of Customs and Excise;
"Custom house agent" means any
person to whom a licence has been
granted under this Decree to
transact business of customs on
behalf of another person;
"port" has the meaning assigned to
it in section 275 of the Customs
and Excise Decree, 1972 (NRCD
114).
Section 9—Transitory Provisions.
(1) Until such date that this
Decree shall come into force no
person shall transact customs
business unless that person has
obtained from the Comptroller
temporary licence to do so.
(2) A licence granted under
subsection (1) of this section
shall be subject to such
conditions as the Comptroller may
prescribe and shall be valid for a
period not exceeding six months.
(3) Any person who transacts
customs business in contravention
of subsection (1) of this section
shall be guilty of an offence and
liable on summary conviction to a
fine not exceeding ¢200.00 or to
imprisonment for a term not
exceeding three months or to both.
Section 10—Commencement.
Except section 9 which comes into
force on the publication of this
Decree in the Gazette the other
provisions of this Decree shall
come into force on such date as
the Commissioner may by
legislative instrument appoint.
Made this 2nd day of October,
1978.
LT.-GENERAL F. W. K. AKUFFO
Chairman of the Supreme Military
Council
Date of Gazette Notification: 6th
October, 1978.
|
