ACT – 9

Where the holder of a Customs Clerk’s licence applies to the Board for a Customs Broker’s licence the Board may on the written recommendation of the Customs Clerks’ and Customs Brokers’ Association and payment of the prescribed fee and the establishment of a personal bond in the sum of five thousand dollars issue to him a Customs Broker’s licence.

To be able to understand the above mentioned Act – 9 one must first understand that a Customs Broker and a Customs Clerk are both required to be knowledgeable of the same customs laws for entering or clearing goods or other transactions under the customs laws.  A Customs Broker Apprentice and a Customs Clerk Trainee undergo a similar three years apprenticeship course under competent supervision.

We therefore, can conclude that they both are required to be equal in knowledge and responsibility towards the Customs laws and other laws that impinge upon the entering and clearing of goods.  For more clarification we must have another look at the meaning of a Customs Broker and a Customs Clerk as follows-:

ACT – 2

“Customs Broker” means an independent person who undertake or hold himself out as willing to undertake for remuneration, fee or reward to act on behalf of any other person or persons generally, or who in fact so acts in connection with the entering and clearing of goods or other transactions under the Customs laws;

“Customs Clerk” means a person not being a Customs Broker, who being the employee of some other person acts on behalf of that other person in connection with the entering or clearing of goods or other transactions under the Customs laws.

A Customs Broker is therefore liken unto an Attorney in private practice and a Customs Clerk is liken unto a State Council who is an employee of the government.

A Customs Broker and a Customs Clerk are not to be measured in terms of who is better that who in the entering and clearing of goods.

Regulation 17 qualifies apprentices and trainees to become Customs Brokers or Customs Clerks. We can certainly conclude that a Customs Clerk and a Customs Broker is equal in the entering and clearing of goods.

There is nothing in the regulation for the Board to impose an examination upon a Customs Clerk to become a Customs Broker, hence the reason for a recommendation letter as an instrument of power to transfer a clerk to a Broker.

A Customs Clerk is in fact, an “in-house Customs Broker”.

Let us now try to understand the un-lawful breaking up of the Customs Clerk into four parts namely:

(a)         Customs Clerk Grade I

(b)         Customs Clerk Grade II

(c)          Customs Clerk Grade III

(d)         Customs Clerk Boarding

It is alleged that:-

The Federated Chamber of Commerce requested from the Customs Clerks and Customs Brokers Association immediately after the act was passed in 1970 a lowering of the intended customs brokerage fees.  Since the regulations were not yet prepared the Association sacrificed the Customs Clerks in order to preserve their precious brokerage fees.  The Association in negotiation with the Chamber offered to split up the Customs Clerks into Grade I, Grade II, Grade III and Boarding as a means of paying lower wages.

Although the chamber was not too happy, they accepted the deal offered by the Association.  The Customs Clerks never knew what transpired and up to today they do not know that Customs Brokers sold them out as cheap labour.

The deal went down so fast that no one checked to see whether it was lawful or not. We are now suffering the consequences of this bad deal.

The breaking up of Customs Clerk was wrong then and is still wrong now.  I call on the Board to rectify this wrong. There should be only one Customs Clerk.

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  2. she still wanted it shown in case she gets sothiemng better until the contactual process starts. One day that potential buyer brought an inspector to the house, the same day another couple showed up and wanted to see the house. My friend was there and showed it, and they made an offer of X+10k on the spot. Turns out those people’s broker was trying to contact my friend’s broker for over a week and he never returned their calls. She also found out from a second couple that he never returned their calls either. To me this seems like the broker is trying weed out potential buyers that have their own brokers. What protection does the seller have when a broker is either misbehaving or doing a bad job that could cost her thousands of dollars? He has overall done a poor job not even counting this. Can she terminate their agreement without having to pay him anything? Or can he come back and take legal action against her for a commission that I truly feel he does not deserve?

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