OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 10 Year No. 65 Addis Ababa 184h July , 2004 CONTENTS Council of Ministers Regulation No. 108/2004 Customs Clearing Agents Council of Ministers Regulation Page 2886 COUNCIL OF MINISTERS REGULATION No. 108/2004 CUSTOMS CLEARING AGENTS COUNCIL OF MINISTERS REGULATION This Regulation is issued by the Council of Ministers Proclamation No. 60/1997 as amended . 1. Short Title This Regulation may be cited as “ Customs Clearing Agents Council of Ministers Regulation No.108 / 2. Definitions In this Regulation a ) “ Authority ” means The Ethiopian Customs Authority . b ) “ Valid business license ” means a business license issued by the Ministry of Trade and Industry to carry out customs clearance services . c ) “ Certificate of Competence ” means a certificate issued for a person who has met the required manpower and office provisions to work as Customs Clearing Agent . d ) “ Certificate of Professional Qualification ” means a certificate issued by the Authority for a person that has completed customs clearing agent training . Unit Price The African Law Archive e ) “ Customs Clearing Agent ” means a person authorized to deal with the customs , for and on behalf of another person , to carry out customs formalities related with the importation , expor tation and in general with the movement and storage of such goods within the customs territory of Ethiopia . f ) “ Customs Formalities ” means any customs operations carried out in connection with impor tation , exportation or transit of goods from the time of arrival at the customs port until released from the customs control . g ) " Identification Card ” means a card issued by the Authority for Customs Clearning Agent to enter in to the Authority and stations to enable him to accomplish customs formalities . h ) “ Person ” means natural or legal perosn . i ) “ Ministry ” or “ Minister " means the Ministry or Minister of Revenue . j ) “ Proclamation ' means the re - establishment and moderniization Customs Authority Proclamation No. 60/1997 as amended . 3. Scope of Application This Regulation shall be applicable on all Customs Clearing Agents . Section One Training , Issuance , Suspension , and Cancellation of certificate of qualification , competence and identification card " LawArchive , the 4. Training 1. the Authority , may based on its training program to be announced from time to time , recuit and give training to any person who is ; a ) An Ethiopian b ) Not less than 21 years of age c ) Not accused and convicted of any customs offences 2. the Ministry may decide by a directive to be issued , the educational requirement for the training of customs clearing agents . 3. the authority may if deemed necessary , give ad ditional training upgrade professional qualification . 4. the Authority may if deemed necessary , give cus toms clearing agents training by a certified training institution . . 5. Professional qualification The Authority may issue certificate of perofessinal qualification for a person who has effectively completed customs clering agent training . 6. Certificate of competence The Authority may issue certificate of competence to any person who is certified to have fulfiled the criteria provided under article 10 of this regulation to enable him to engage in customs clearing activities . The African Law Archive – No. 65 16 July , 2004_Page 7. Trade license 1. any customs clearing agent who has cerificate of professional qualification and competence must pos sess valid business license to operate customs clearing service . 2. Sub - article 1 of this article may not be applicable for organizations engaged in import and export of goods pursuant to article 86 ( 3 ) of the proclamation . 8. suspension and cancellation of certificate of professional qualification and competence The Authority may depending on the circumstance , temporarity suspend or revoke certificate of preofes sional qualification or competence issued for customs clearing agent where it has proved that : a ) the certificate was obtained contrary to article 4 and 6 of this regulation ; b ) there is violation of the relevant laws of the profession and c ) the customs clearing agent has failed to obey the obligations or responsibilities imposed upon him under this regulation , the proclamation and other laws enforced by the Authority . 9. Customs clearing agent identification card The Authority may issue identification card to any person that has acquired certificate of professional qualification after obtaing a valid business licens or upon the rquest of the customs clearing organization or when the employer certifies that the customs clearing agent is his employee in accordance with article 7 ( 2 ) of this regulaltion . SECTION TWO Criteria for issuing certificate of competence 10. Criteria for the issuance of certificate of competence Any person wishing to engage in customs clearing services shall meet the following criteria in addition to the requirements stipulated under Commercial Regis tration and Business Licensing proclamation No. 67 / 1997 to obtain a business license ; a . have permanent office with adequate telephone , fax computer and related communication equipments to carry out the work ; b . appropriate place to keep any correspondence finan cial and customs documents ; at least two employees that have certificate of professional qualification and ; d . such amount of money in the bank account or acceptable guarantee the Authority may require to be deposited or furnished from time to time . 11. Powers of the Authority The Authority shall determine by a directive to be issued the condition of issuance , use , renewal , suspension and cancellation of customs clearing agent identification card . SECTION THREE Responsibilities and obligations of customs clearing agent 12. Responsibilities of customs clearing agent Any customs clearing agent shall have the obligation to ; submit the evidence proving his authority to act on behalf of his client when requested ; The African Law Archive - No. 65 16 July , 2004 Page 2889 b . promptly advise when he is aware that his client has committed mistake or irregularity that violates the law ; C. perform utmost diligence to his client in providing information about customs ; d . pay duties taxes and other fees promptly when requested by customs ; be jointly and serverally liable with his client for duties and taxes ; e . refrain from any act or attempt of threat , false accusation manipulations , or offering of gifts promises or advantages for customs officers and police ; f . refrain from any act or attempt to acquire relevant customs information directly or indirectly in violation of the normal channel . 13. Keeping records 1. Any customs clearing agent shall · have the obligation to keep all records of financial transac tion , correspondences , and in general complete documents relating to his activities regarding his clients to on whose behalf he has carried out customs formalities . 2. Any customs clearing agent shall permit all documents kept in accordance with sbu - article 1 of this article to be seen and inspected by customs officer and to take copies if necessary . 3. Any customs clearing agent shall maintain all documents related to his activities up to five years . SECTION FOUR Miscellaneous provisions 14. Fees 1. The Authority shall charge fees for certificates as determined by the council of ministers . 2. The Authority shall charge fees determined by the ministry for the training of Customs clearing agents . Transitory provision The provisions of this regulations shall be ap plicable to Customs clearing agent that have already acquired certificate of professional qualification . 16. Repeal Customs Clearing Agency License Issuance Coun cil of Ministers Regulation No. 155/1994 is hereby repealed . 17. Power to issue directive The Ministry may issue directive for the im plementation of this regulation . The African Law Archive 18. Penalty Any person who violates this regulation shall upon conviction be punished with the relevant provisions of penal laws . 19. Effective date This Regulation shall come in to force on the date of its approval by the Council of Ministers . Done at Addis Ababa this 16h day of July 2004 Federal Democratic Republic of Ethiopia Prime Minister The African Law Archive