Section 84
Section 84
(1)
No person shall act as an agent for transacting business relating to the import or export of any goods or luggage, including customs transit operations, or the entry or clearance of any vessel, except with the permission of a senior officer of customs.
(2)
When any person applies to a senior officer of customs for permission to act as an agent, such officer may require the applicant to produce a written authority from the person on whose behalf he is to act and in default of the production of such authority, such officer may refuse such permission.
(3)
Before granting such permission, a senior officer of customs may require such agent to give such security as he may consider adequate for the faithful and incorrupt conduct of such agent and of his clerks acting for him both as regards the customs and his employers.
(4)
A senior officer of customs may suspend or cancel any permission granted under this section if the agent commits any breach of this Order or if he fails to comply with any direction given by an officer of customs with regard to the business transacted by the agent.
Incorporating amendments until S 40/2018
(Clean Version) Norhasnani/H.Afif/zimah/zura_as of 17.02.2020
49
BLUV as at 08th August 2018
(5)
Any person aggrieved by the decision of a senior officer of customs, other than the Controller, under this section in respect of any of the following matters –
(a)
refusal to grant permission;
(b)
the nature or the amount of security required from the agent;
(c)
suspension or cancellation of the permission, may, within one month from the date on which the decision is notified to him, appeal to the
Controller whose decision shall be final.
(6)
The Controller may forfeit the whole or such part of the amount secured under subsection (3) as the Controller may think fit if he is satisfied that the agent or servant has committed or attempted to commit or abetted the commission of an improper or corrupt act.
(7)
Any person who acts as agent when permission has not been granted to him under this section or while such permission is cancelled or suspended, or who makes or causes to be made a declaration of any goods without being duly authorised for such purpose by the proprietor or consignee of such goods, shall be guilty of an offence and liable on conviction to a fine not exceeding $16,000.
(8)
The clerk or servant of any person who deposits with a senior officer of customs a signed authority authorising him to do so may transact business generally at any customs office on behalf of such person:
Provided that a senior officer of customs may refuse to transact business with such clerk or servant unless such person authorising the clerk or servant identifies such clerk or servant to such officer as empowered to transact such business.
Person in charge of goods imported etc. by land deemed agents.