Section 119: Requisites for agents and brokers
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
119. Requisites for agents and brokers
(1) No person shall be authorised by the Director-General to act as agent
or broker unless he is satisfied that such person has the necessary ability or
the equipment and storage facilities for the handling and safe custody of
cargo to effectively transact his business.
(1A) A freight forwarding agent shall apply to the Director-General for
any of its employees to be authorised to act as customs agent to transact
business, on his behalf, relating to the entry of any goods.
(1B) (a) The Director-General may, subject to paragraph (b), grant the
application and authorise the employee referred to in the application to act as
customs agent.
(b) No employee of a freight forwarding agent shall be authorised to
act as customs agent unless the Director-General is satisfied that such employee has the necessary ability to transact business referred to in subsection (1A).
(1C) Where the Director-General is of opinion that any customs agent
has, in the discharge of his duties as customs agent, committed any act of
misconduct, dishonesty or fraud, he shall, by notice in writing, suspend, for
such period as he may determine, or cancel, his authorisation.
(1D) Where a customs agent ceases to be in the employment of a freight
forwarding agent, the freight forwarding agent shall immediately notify in
writing the Director-General thereof and the Director-General shall cancel the
authorisation of the customs agent.
(2) The storage facilities of an agent or broker shall, for the purpose of
section 55, be deemed to form part of a quay, wharf or airport.
(3) The Minister may prescribe the maximum number of persons to be
authorised under subsection (1).
[Issue 7] C62 – 50
Revised Laws of Mauritius
(4) The Director-General may, by notice in writing, suspend for such period as he may determine, or revoke the authority given to any person to act
as agent or broker where—
(a) that person has been guilty of an offence involving fraud or other
dishonesty or been guilty of any crime or misconduct;
(b) findings of fraud or misconduct in the exercise of such person’s
function as broker or agent have been established;
(c) that person is unable efficiently to act as agent or broker by reason of mental or physical incapacity;
(d) that person fails to execute or renew the bond required by section 118, or fails to take out or renew the prescribed licence; or
(e) that person has not, on a continual basis, practised as agent or
broker for a period of one year.
(5) Where a notice in writing made under subsection (4) specifying the
reason or reasons for which the authority is revoked has been given to that
person or to his clerk or at his usual place of abode or business, such authority shall cease to have effect.
(5A) While an authorisation is suspended, the agent or broker shall not,
during the period of suspension, carry out his duties as agent or broker.
(6) For the purpose of this Part—
“agents or brokers” does not include shipping or aircraft agents entering or clearing the aircraft or ship, or their principals, in the discharge of
their duties as agents or proxies.
[S. 119 amended by s. 5 (i) of Act 28 of 2004 w.e.f. 1 March 2006; s. 27 (3) (l) of Act 33 of
2004 w.e.f. 1 July 2006; s. 8 (p) of Act 15 of 2006 w.e.f. 7 August 2006; s. 9 (g) of Act 17
of 2007 w.e.f. 22 August 2007; s. 12 (s) of Act 9 of 2015 w.e.f. 14 May 2015.]