Clearance agents
Article 164:
Customs declarations and the completion of related customs procedures in import and export and in other customs statuses shall be accepted from:-
A. The owners of goods or their employees who meet the terms set by the Director, including the terms of authorization.
B. Licensed customs clearance agents.
Article 165:
The delivery order of the goods shall be presented by the persons mentioned in the previous Article. The endorsement of such delivery order in the name of customs clearance agent or the employee of the declarant shall be considered as an authorization for completing the customs procedures. Jordan Customs Department shall not bear any responsibility pertaining to the delivery of the goods to the person to whom the delivery order was endorsed
Article 166:
A. subject to the acquired rights, any person shall not exercise the work of customs clearance except after obtaining a license from the Minister upon recommendation of the Director.
B. The natural person shall:
1. be a Jordanian National.
2. have completed 23 years of age.
3. have completed the secondary school or worked as a customs official in the Jordan Customs for 15 years.
4. have worked in clearance with a licensed party in the Kingdom or worked as a classified customs official for at least 5 years.
5. be of good reputation and character and has not been sentenced in any dishonorable crime or misdemeanor.
C. The legal person shall:-
1. be a registered Jordanian company.
2. The manager of the company, the partner entrusted with the management of the company and the directors of the branches of these companies should meet the conditions mentioned in paragraph (B) of this Article.
D. The Director may allow the licensed person to employ one or more employees provided that they shall meet the conditions prescribed in paragraph (B) of this Article with the exception of items (2, 4) thereof.
E. Applications for license to practice clearance shall be submitted via a dedicated form.
F. The Minister, upon the recommendation of the Director, may grant license or deny so with justifications.
G.
1. Upon issuance of license, an annual fee of (300) three hundred Dinars for the main office and for each of the branches shall be paid.
2. Upon issuance of license provided for in paragraph (D) of this Article, a fee of (20) Dinars and an annual renewal fee of (10) Dinars shall be levied. 29
H. The license shall be valid for one year expiring on the 31st of December. Renewing the license shall be approved by the Director.
I. The license of a customs agent shall be terminally canceled under a decision from the Director if the agent failed to fulfill any of the conditions and qualifications prescribed in this Article.
J. The customs agent must have an office and should have a work permit.
k.
1. The Director may hold an annual examination for the new brokers to test their efficiency. He may not grant a license without passing the examination.
2. The Director may issue the required instructions thereto.
Article 167:
A. The customs clearance agent shall be held liable before the persons to whom the goods are consigned and before the Customs Department and investing bodies of storehouses, warehouses and Free Zones for the actions of his employees whom he shall authorize. The authorization shall be prepared in accordance with the provisions of this Law and deposited at the Department.
B.
1. Before issuance of license, the applicant shall present a bank guarantee quoted by the Director, provided that it shall not be less than (10,000) dinars. It shall serve as a guarantee for the subsequent responsibilities which the agent shall bear as a result of his conducts or the conducts of his employees towards the Department.
2. Licensed companies shall adjust their statuses by amending the amount of guarantees pursuant to the provisions of item (1) of this paragraph before the provisions of this amended law take effect.
3. The Director may review the provided guarantee every five years, and may accordingly decide to confirm or increase the value thereof.30
Article 168:31
A. The Director may impose one of the following disciplinary penalties on customs clearance agent in proportion to the violation he committed:-
1. Written alert .
2. Written warning Notes.
3. Suspension from work for a period not less than three months and not more than one year.
B. The Minister, upon recommendation from the Director, may decide terminal removal of a clearance agent from the list of clearance agents, and prohibit him from practicing his profession. In addition, customs clearance agents could face civil and criminal charges in accordance with the provisions of this Law and other Laws in force concerning the following cases:
1. If the broker is given written alert/ warning for three times or more.
2. If he was suspended from work for more than twice within four years.
3. If he was sentenced in a dishonorable crime or misdemeanor.
4. If a final judgment by the competent court is issued against the agent for committing smuggling offense or the like.
C. the Director may impose any of the following disciplinary penalties on the clearance agency employee:
1. Written alert.
2. Written warning.
3. Withdrawal of granted permission and prevention from entering any of the Customs houses and Customs yards for a period not exceeding six months.
4. Terminal cancellation of work permit in case of repeated withdrawals for more than three times in 5 years, or if the agent is convicted of a dishonorable felony or misdemeanor, or convicted of committing a smuggling offense or the like.
Article 169:32
The Director, with the Minister's approval, may issue instructions in which he determines:-
A. The number of clearance agents allowed to practice work at customs houses.
B. The customs house or houses at which the clearance agents are allowed to practice their work.
C. The wages of the customs agents.
D. It may be allowed to establish unions for clearance agencies at customs houses in accordance with the public interest and the Minister's approval.
E. Standards and criteria of classifying Customs clearance agents.
Customs transactions records
Article 170:33
The clearance agent shall, under pain of suspension penalty, keep a paper or electronic record that fulfils the conditions of approval prescribed by the legislation in force. The record shall include a summary of customs transactions that were completed for the account of third parties for a period of three years within the conditions set by the Director. Such record shall particularly include duties paid to the Customs Administration, the charges paid to the clearance agent and any other expenses made in connection with the transactions. The Department shall have a full authority to inspect these records at any time without objection from the clearance agent.
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29 This paragraph was amended pursuant to Article (29) of the amending Law No. (33) of 2018
30 This paragraph was amended pursuant to Article (30) of the amending Law No. (33) of 2018
31 This article was amended pursuant to Article (31) of the amending Law No. (33) of 2018
32 This article was amended pursuant to Article (32) of the amending Law No. (33) of 2018
33 This article was amended pursuant to Article (32) of the amending Law No. (33) of 2018