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Customs (Amendment) Act 2014

REPUBLIC OF VANUATU
CUSTOMS (AMENDMENT) ACT NO. 23 OF 2014

Arrangement of Sections

_____________________

REPUBLIC OF VANUATU

Assent: 17/06/2014
Commencement: 17/06/2014
CUSTOMS (AMENDMENT) ACT NO. 23 OF 2014

An Act to amend the Customs Act No. 7 of 2013.
Be it enacted by the President and Parliament as follows-

1 Amendment
The Customs Act No. 7 of 2013 is amended as set out in the Schedule.

2 Commencement
This Act commences on the day on which it is published in the Gazette.

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SCHEDULE
AMENDMENTS OF CUSTOMS ACT NO. 7 OF 2013

1 Section 1 – Definition of customs broker
Repeal the definition, substitute

“customs broker means a person licensed under section 205 to facilitate the clearance of goods through Customs for an importer or exporter, and includes a principal broker;”

2 Paragraph 30(2)(b)
Delete “31”, substitute “32”

3 After subsection 42(2)
Insert

“(3) A person who contravenes subsection (1) or (2), commits an offence punishable on conviction to a fine not exceeding VT3,000,000, or to imprisonment for a term of not more than 2 years, or both.”

4 Section 128 (Heading)
Delete “107”, substitute “125”

5 Section 206 (Heading)
Repeal the heading, substitute “Cancellation of license”

6 Paragraph 206(e)
Delete “; or”, substitute “,”

7 Paragraph 206(f)
Repeal the paragraph.

8 After section 206
Insert

“206A Suspension of license

If a customs broker is found to have made entries where a particular contained in that entry is materially incorrect on more than 3 consecutive occasions, as provided under subsection 104(2), the Director may suspend that broker’s license for a period of not more than 1 year.

206B Principal broker

(1) A licensed customs broker who wishes to be a principal broker is to apply in writing to the Director in the prescribed form accompanied with the prescribed fee.

(2) The Director may:

(a) grant the license subject to any conditions the Director deems fit to impose; or

(b) refuse to grant a licence if the Director is satisfied that the applicant is not capable of complying with the licence conditions.

(3) The Director must notify the applicant, in writing, of his or her decision and if the application is refused, the reason for the refusal.

(4) The Director may cancel a license issued under this section if:

(a) that person’s license as a customs broker has been cancelled under section 206; or

(b) the person has contravened a term, condition or restriction specified in the license; or

(c) the prescribed fee has not been paid; or

(d) the person has failed to comply with any requirements prescribed in the Regulations.

(5) The Director may suspend a principal brokers license if, that person’s license as a customs broker has been suspended under section 206A.

(6) To avoid doubt, a decision by the Director to:

(a) refuse to grant a license under subsection (3); or

(b) cancel or suspend a license under paragraph (4)(b), (c), or (d),

does not affect the validity of that person’s customs brokers license issued under section 205.

(7) For the purposes of this section unless the context otherwise requires, a “principal customs broker means a licensed customs broker who lodges customs declarations for the importation or exportation of goods on behalf of another person;

206C Corporate importer or exporter’s licence

(1) A person who intends to be a corporate importer or exporter is to apply in writing to the Director in the prescribed form accompanied with the prescribed fee.

(2) The Director may:

(a) grant the license subject to any conditions the Director deems fit to impose; or

(b) refuse to grant a licence if the Director is satisfied that the applicant is not capable of complying with the licence conditions.

(3) The Director must give notice in writing to the applicant of his or her decision and if the application is refused, the reason for refusal.

(4) The Director may cancel a license issued under this section if:

(a) the person has contravened a term, condition or restriction specified in the license; or

(b) the prescribed fee has not been paid; or

(c) the person has failed to comply with any requirements prescribed in the Regulations.

(5) For the purposes of this section, unless the context otherwise “corporate importer or corporate exporter means a corporate entity that lodges customs declarations for any goods that are the property of that corporate entity and employs a licensed customs broker for this purpose; ”

9 After paragraph 215(2)(d)
Insert

“(dA) requirements for applying for a customs brokers license or a principal brokers license; or

(dB) prescribe licensing requirements and conditions for corporate importers or exporters; or”