Cap. 382 Art. 29APower to grant, refuse or withdraw authorization.

(1) The Commissioner may grant to, refuse to grant or withdraw an authorisation from a person to act as a registered consignee, registered consignor, registered merchant or authorized warehouse keeper.

(2) The Commissioner may refuse to grant or withdraw an authorization according to sub-article (1) if in the opinion of the

Commissioner:

(a) where the applicant is a natural person, the applicant is not a fit and proper person;

(b) where the applicant is a partnership, any of the partners are not fit and proper persons;

(c) where the applicant is a company, any director, shareholder or officer of the company who would be involved in the direction or control of the company is not a fit and proper person.

(3) A natural person, partnership or company shall be deemed to be unfit and improper, if amongst others:

(a) they lack honesty, integrity or competence in their dealings with the Commissioner; or

(b) they lack financial soundness; or

(c) such person has contravened any of the dispositions of this Act or any other Act relating to customs; or

(d) such person has been found guilty of committing a criminal offence for which such person has been effectively sentenced to imprisonment for twelve months or more: Provided that for the purposes of this paragraph:

(i) two or more sentences for convictions which are required to be served consecutively shall be considered as separate convictions if none of them will be for a term of more than twelve months or more, so however that if one of the convictions is for a term of imprisonment for a term of twelve months or more, the said convictions shall be considered as one conviction; and

(ii) no account shall be taken of any conviction of imprisonment imposed as an alternative for, or because of the failure to, the payment of a fine (multa); or

(e) has been found guilty of committing an offence relating to property and public security, public trust, government revenue, financial services or violence committed against a public officer:

Provided that for the purposes of this sub-article (3):

(i) an agreement between a person and the Commissioner in terms of article 63 of the Customs Ordinance or in terms of article 16A, except if it is an agreement related to manufactured tobacco products mentioned in the Third Schedule, shall not affect in any way the considerations about whether a person is fit and proper, so long as this agreement would have been entered into not less than one (1) year before the date of the application under this article;

(ii) if a person benefits from the provisions of paragraph (i) of this proviso and is given authorisation to act as a registered excise trader or as authorised tax warehouse keeper and then enters into another agreement with the Commissioner in terms of article 63 of the Customs Ordinance or article 16A, except if it is an agreement related to manufactured tobacco products mentioned in the Third Schedule, then this second agreement is not to affect in any way the considerations about whether a person is fit and proper, so long as this second agreement would have been entered into not less than three

(3) years before the date of the application under this article;

(iii) in case the person commits a third irregularity or more thereafter, except if it is an irregularity related to manufactured tobacco products mentioned in the Third Schedule, then the person is to be considered unfit and improper for the purposes of this sub-article (3);

(iv) A person who enters into an agreement with the Commissioner under article 63 of the Customs Ordinance or article 16A relating to manufactured tobacco products mentioned in the Third Schedule shall not be considered as a fit and proper person for the purposes of this article.

(4) Any person who feels aggrieved by a decision taken by the Commissioner according to sub-article (3), may appeal under article 31 to the Administrative Review Tribunal.