64B.      Clearing agent licences

 

(1)     No person shall, for the purposes of this Act, for reward make entry or deliver a bill of entry relating to, any goods on behalf of any principal contemplated in section 99(2), unless licensed as a clearing agent in terms of subsection (2).

[Subsection (1) substituted by section 58 of Act 53 of 1999]

 

(2)    

 

(a)     Application for such licence shall be made on the form prescribed by the Commissioner by rule and the applicant shall comply with all the requirements specified therein and with any additional requirements that may be prescribed in any other rule and as may be determined by the Commissioner in each case.

(b)     The Commissioner may, subject to such conditions as he may prescribe by rule and such obligations as he may in each case impose, license any person applying therefor as a clearing agent.

(c)     The Commissioner may prescribe by rule –

(i)      a date from which the applicant and employees of the applicant must be in possession of a qualification obtained at such time and with at least such qualifying mark as may be stated in such rule;

(ii)     any other matter which may be reasonably necessary and useful to achieve the efficient and effective administration of the objects of this section.

[Paragraph (c) added by section 47 of Act 19 of 2001]

(d)     For the purposes of paragraph (c), “applicant” means any natural person or a director of a company or member of a close corporation or a partner of a partnership, who participates in the clearing agents’ business of the company, close corporation or partnership, as the case may be.

[Paragraph (d) added by section 47 of Act 19 of 2001]

[Subsection (2) substituted by section 46 of Act 45 of 1995 and section 58 of Act 53 of 1999]

 

(3)     Before any such person is so licensed as a clearing agent, he shall furnish such security as the Commissioner may require.

 

(4)     The Commissioner may at any time require that the form, nature or amount of such security shall be altered or renewed in such manner as he may determine.

 

(5)     A licensed clearing agent shall be liable in respect of any entry made or bill of entry delivered as contemplated in section 99(2).

[Subsection (5) added by section 58 of Act 53 of 1999]

 

(6)     A licensed clearing agent shall disclose the name and category of the principal referred to in section 99(2) on such bill of entry and if such agent does not so disclose or makes or delivers a bill of entry where the name of another such agent or his own name is stated as the importer, exporter, remover in bond or other principal, as the case may be, he shall be liable for the fulfilment of the obligations imposed on such principal in terms of this Act.

[Subsection (6) added by section 58 of Act 53 of 1999]

 

(7)     No security provided by a licensed clearing agent shall be utilised or accepted as security for the fulfilment of any obligations in terms of this Act of any other such agent.

[Subsection (7) added by section 58 of Act 53 of 1999]

[Section 64B inserted by section 19 of Act 112 of 1977]