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Customs Broker due diligence requires prescribed KYC, not detecting misdeclarations discoverable only through physical examination, defeating licence revocation.
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Customs Broker licence revocation, security forfeiture and penalty require proof of established statutory breaches, rather than apprehension of future misconduct. An importer's authorisation and prescribed KYC records satisfy authorisation and verification duties where the broker files documents supplied by the importer. A discrepancy in goods or brand particulars that emerges only on physical examination does not establish a failure of due diligence. Speed-and-efficiency obligations do not require BIS certificate verification, and cooperation in the investigation defeats a non-cooperation allegation. As the alleged breaches were unproved, the revocation, forfeiture and penalty were set aside.
Customs Broker licence revocation, security forfeiture and penalty require proof of established statutory breaches, rather than apprehension of future misconduct. An importer's authorisation and prescribed KYC records satisfy authorisation and verification duties where the broker files documents supplied by the importer. A discrepancy in goods or brand particulars that emerges only on physical examination does not establish a failure of due diligence. Speed-and-efficiency obligations do not require BIS certificate verification, and cooperation in the investigation defeats a non-cooperation allegation. As the alleged breaches were unproved, the revocation, forfeiture and penalty were set aside.
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