PART XVII - Customs Regulations

In this Part

"Board" means the Customs Brokers Licensing Advisory Board established under regulation 145; "customs broker" means any person, including a freight forwarder, who, on behalf of a client, transacts customs business with the Customs, including the entering of goods of all description under the customs laws, but does not include a ship's agent; "disqualified person" means a person who- (a) being an individual- (i) is under the age of' eighteen years; (ii) is an undischarged bankrupt; or (iii) is suffering from such physical or mental disability as would prevent him from properly carrying on business as a customs broker or as a clerk to a customs broker, as the case may be; ' (b) being a body corporate- (i) has passed a resolution for its winding-up or is subject to the order of a court, of' competent jurisdiction for its winding-up; (ii) is involved in any proceedings whereby its property may be distributed among its creditors;

Kingston, who shall preside at meetings of the Board in the absence of the chairman thereof; (c) an officer of the Customs and Excise Department, who shall be the Secretary to the Board; (d) an officer of the Tax Administration Services Department; (e) the Commissioner of Police or his nominee; (f) a representative of the Revenue Protection Division of the Ministry of Finance and Planning; (g) a representative of Jamaica Promotions Corporation; (h) five members (hereinafter referred to as nominated members) appointed by the Minister, each member to be selected from a panel of three persons nominated by each of the following organizations

- (i) The Jamaica Chamber of Commerce (ii) The Customs Brokers Association; (iii) The Jamaica Manufacturers Association; (iv) The Port Authority; (v) The Jamaica Exporters Association

Customs Brokers Licence 146 (1) No person shall

- (a) practise as a customs broker except under and in accordance with a licence; or (b) perform functions as a licensed clerk except under and in accordance with a provisional licence

or its equivalent, in two or more subjects, including English Language, and satisfied the Board that he is proficient in commercial arithmetic, or that he has passed such qualifying examination as may be held by the Board pursuant to regulation 147A or is exempt therefrom pursuant to paragraph (3) of that regulation; (iii) that he is a person of good character and is otherwise a proper person to obtain a licence or provisional licence, as the case may be

(iv) that he is not a disqualified person; (v) in respect of an application for a licence, that having regard to the knowledge and competence of the applicant and such staff (if any) as may be employed in the business to be authorized by the licence, the applicant is capable of carrying on business as a customs broker; and (vi) that the applicant has previously held a licence for a period of not less than one year or, has held a provisional licence for a period of not less than one year during which period he was articled to a licensed customs broker who had provided him with adequate training in the functions of a customs broker; (b) where the applicant is an unincorporated association, that each of the members thereof satisfies the requirement set out in sub-paragraph (a) of this paragraph, except that only one such member need satisfy the provisions of sub-paragraphs (4 (v) and (4 (i); (c) where the applicant is a body corporate (i) that the body is incorporated in Jamaica; (ii) that every director thereof and each person who manages or controls that body is a person of good character and is otherwise, a fit and proper person; and (iii) that the majority of such directors otherwise satisfies the requirements of subparagraph (a) of this paragraph in so far as they relate to applicants, except that only one such director need satisfy the provisions of sub-paragraphs (a) (v) and (a) (vi)

147C.-(1) Where the value of any goods exceeds an amount Jamaican currency equivalent to five thousand dollars in the currency of the United States of America then, whether or not they are personal effects or are imported for commercial purposes, such goods shall not be entered or cleared under the customs laws except by a licensed customs broker or licensed clerk, so, however, that nothing in the foregoing provisions of this regulation shall be construed to require the services of a licensed customs broker in connection with- (a) the entering and clearing of ships or aircraft or other vessel; (b) the trans-shipment of containers or packages or any goods by (c) the report inwards of aircraft and ships in ballast

(d) the report of cargo of aircraft and ships; (e) the clearance outwards of aircraft or ships; (f) the report of cargo remaining on an aircraft or ship; (g) the preparation of removal notes in respect of goods being transferred from one port to another by airline and shipping companies; or (h) the removal and exportation of goods by transit entries through airline and shipping companies