THE CUSTOMS BROKERS BOARD EXAMINATION

THE CUSTOMS BROKERS BOARD EXAMINATION

 

ACT- 7

The Board shall by examination and such other means as it may think necessary satisfy itself as to the competence and fitness of any applicant.

The above mentioned statement (Act – 7) is a broad base statement that one must not try to quantify on any person. Act 18 requires that regulations must be made to give effect to the provisions of this act and for prescribing all things required to be prescribed and in particular such regulation shall relate to :-

(a)                     The nature, scope and conduct of examinations referred to in section 7 and the fees payable for such examinations.

The Board therefore, can only impose upon us whatever is written or spelt out in the regulations concerning examinations.

The strongest and most powerful regulation dealing with examination is regulation 6 which has placed the examinations in regulation 17 as an option to qualify for a licence before three years.

 

Act – 18 (b)

Act- 18 (b) mandates the Board to make regulations to establish an apprenticeship scheme for the training of persons desirous of becoming Customs Brokers or Customs Clerks and in so doing regulation 15, 16 and 17 was established.

Regulation 17 in particular qualifies both Customs Broker Apprentices and Customs Clerk Trainees to become Customs Brokers and Customs Clerks as the case may be.

Regulation 15, 16 and 17 do not make mention of the sitting of examinations but rather by competent supervision while undergoing a training course for three years.

However, regulation 6 has placed as an option the Board’s examination for whoever wants to qualify before the duration of three years.  Therefore, all apprentices and trainees have an option of sitting the Board’s examination five times to become a Customs Broker or Customs Clerk as the case may be.

I must also state here that the breaking up of the Customs Clerk into Grade I, Grade II and Grade III is wrong.

Act 18 mandates the Board to make regulations to give effect to the provisions of this Act. Customs Clerk Grade I, Grade II and Grade III are not provisions of this Act.  It is therefore, need to be corrected.

After three months of becoming an apprentice or a trainee they both have the option of sitting the Board’s examination for a Customs Broker’s or Customs Clerk’s licence as the case may be.  The regulations to be followed are 2(1) (2), 5 (1) (2) and 6.

Reg. 2(1)

Application for customs broker’s or a customs clerk’s licence shall be forwarded in duplicate to the Secretary of the Board (hereinafter referred to as “the Secretary’) in the form set out as Form 1 in the First Schedule together with an application fee of one hundred dollars and the birth certificate of the applicant.

Reg. 2(2)

In every case where an applicant is required to satisfy the Board as to his fitness and competence by means of an examination held under section 7 of the Act, his application shall reach the Secretary no later than thirty days before the examination.

Reg. 5(1)

In April and October each year the Board shall hold examinations in matters relating to customs laws and procedures and other related subjects.

 

 

Reg. 5(2)

The Board shall notify each candidate of the date, time and place of the examination.

Reg. 6

An applicant for a licence may not be accepted as a candidate for an examination unless he first satisfies the Board that he has not less than three months experience of the duties of a customs broker or customs clerk, as the case may be.

 

The Board is obliged to issue Broker’s or Clerk’s licence to all the successful candidates passing the Board’s examination.

 

Act-16

The Minister may by order limit the number of persons who may be licenced as customs brokers and the Board shall govern itself accordingly.

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