Role of Customs Brokers
Customs brokers are an integral part of Customs business and provide an important link between the import and export community and PNG Customs Service.
Brokers have the responsibility for:
- Ensuring PNG's borders are protected;
- Legitimate trade is facilitated; and
- Accurate revenue is reported and collected.
Brokers are obliged to impart these three areas of responsibility onto their clients in the import and export industry.
High levels of integrity and ethics will ultimately lead to all brokers being compliant with PNG Customs legislation, regulations and current standard operating procedures.
Licensing of Customs Brokers
Under Section 77 of the Customs Regulations 1951 the Commissioner of Customs may, upon application, grant to a person a broker's license. When considering the application for a license PNG Customs will consider:
- If the person is a fit and proper person;
- If the person has completed a course of study or instruction approved by PNG Customs; and
- If the person has acquired experience that PNG Customs deems fits for them to be a customs broker.
Intending broker refers to those persons who are not yet practicing as customs brokers. Intending Broker also includes an inactive broker over the last three years.
An intending Broker must:
- Be fit and proper persons;
- Have no criminal record, including offences against Customs Act 1951 Business Act 1998;
- Within the last three years have completed a course of study or instruction and acquired experience that in the opinion of PNG Customs fits them to be a customs broker; and
- Within the last three years must have sat, and passed, the Brokers Exam conducted by PNG Customs.
In determining whether a person is fit and proper and eligible for a license, PNG Customs will give consideration to the following:
- Any conviction of an applicant for offences involving dishonesty or any offence against Customs laws committed within the last 10 years;
- Whether the applicant is in the process of filing for bankruptcy or is in the process of filing for bankruptcy;
- Whether the applicant can show that they will be operating from reputable premises and will have the capacity to submit electronic entries via a connection to ASYCUDA and securely retain documents for PNG Customs auditing purposes; and
- Any false or misleading statement/s made in the application.
To then register your Customs Broker License application you must lodge at your nearest Customs office;
- Customs Form 71
- Customs Form G26A&B: Appointment of a Licensed Custms Agent or Agency by the Owner of the Goods;
- A new license fee of PGK1000 (or PGK500 for CBA members) made payable to the "Collector of Customs". Where the application is made during the year, the license fee is payable in advance and will be charged at a pro rata rate of PGK83.33 for each month remaining for the balance of the year;
- Bank Guarantee of PGK50,000 made payable to "Collector of Customs";
- 2x ID photos;
- A copy of curriculum vitae (and for foreign nationals, copies of Department of Labour and Industrial Relations issued work permit and visa must be produced);
- Police clearance from Police Department for the last twelve months; and
- PNG Customs examination result.
This license fee is not transferable under any circumstances.
Any intending broker who has successfully undertaken broker training and has been issued with a certificate must apply for their license within three years of receiving it. If they then intend to become a broker after this time they must undertake another training course.
If PNG Customs refuses to grant a license they will provide reasons in writing to the applicant. An applicant will have 30 days from the date of notification to appeal in writing to PNG Customs stating the grounds for their appeal. PNG Customs will consider the appeal in accordance with Division XV of the Customs Act 1951.