nowledge of operating rights

nowledge of operating rights

Article 376- The duty of the customs officer refers to a person (whether real or legal) who performs the customs formalities of the goods belonging to another person on behalf of that person in the customs. They can not do this more than 10 times a year.

Employees of commercial establishments or employees of salaried workers who exclusively perform the work of that commercial establishment or that right of employment in customs shall be subject to the provisions of Article 382 of this regulation.

Article 377- No person shall be accepted as a right to work in the customs unless he has obtained a special license for this job from the General Directorate of Customs.
A license to work in customs is issued to persons who have a business card and meet the following conditions:
1. Citizenship of Iran
2. Age is not less than twenty-five years.
3. No conviction for misdemeanors and crimes and no history of smuggling in customs according to the written certificate of the relevant authorities.
4. Having at least a high school diploma, holders of higher education will have the right of precedence on equal terms.
5. Not be a government employee.
6. Acceptance in the examination of the law of customs affairs and its regulations, which will be done by the customs once a year.

Note: Persons who have more than three years of work experience on the date of approval of this regulation will be exempted from having the above degree and taking the exam, but after one year of extension of their work card, it will be left to succeed in the exam subject to this article.

Article 378- The remuneration of the employees is divided into two categories and from them the cash guarantee or bank guarantee is taken as follows:
1. Those whose annual gross salary is up to four hundred thousand Rials, one hundred thousand Rials.
2. Those whose annual gross salary is from four hundred thousand Rials up to two hundred thousand Rials.

Note 1- The funds that are taken as a guarantee amount as long as the right to work in the customs continues its work must be deposited in a fixed deposit account in the bank and its profit will be the income of the owner of the fund.

Note 2: If the amount of labor remuneration in one year according to the office mentioned in Article 383 of this regulation exceeds the quorum, it is .

Article 379- In order to obtain a license to work in the customs, the candidates for this job must apply for a license in writing from the customs where they want to work in the applicant. The competent person must be issued with three pieces of photographs attached. The head of the said customs must review the application and its annexes and conduct an investigation on the applicant’s records. Sends to the General Directorate of Customs for approval and signature. When submitting the license to the beneficiary, 100 and 200 Rials must be taken from him in proportion to the rating, respectively, and the equivalent stamp must be attached to the license and canceled.

Note 1- The application for labor rights on printed papers according to the special sample prepared and signed by the applicant must be certified by the notary public below the application form.

Note 2: Persons who want to work in different customs offices must specify this point in their application and submit their application for a license directly to the General Directorate of Customs.

The General Directorate of Customs is allowed to determine and limit the number of employees according to the volume of work and the characteristics of each customs house, and to ensure this purpose, the customs offices of the cities are obliged to From the end of January of each year, the number of employees who will be required in the following year will be reported to the center so that the General Customs Administration can issue a new license in accordance with the provisions of Article 377 of this regulation and the right of priority in terms of GPA.

** Article 380- The validity period of the labor right license is only one year from the date of its issuance. If the license holder wishes to continue the labor right at the customs, it must 383 This by-law requests the renewal from the customs that obtained the license. The previous year and the seal and signature of the office of labor rights of the next year up to another year of the license if the labor rights have an annual clearance history of at least one hundred declarations in the customs of first class houses or fifty declarations in the customs of second class houses or 25 declarations in the customs houses Grade 3 to have an extension.

Note: The customs rating of the houses subject to this Article shall be determined and announced by the General Directorate of Customs on the first of January of each year.

Article 381- The right to work is obliged to prepare the original official power of attorney of the persons on whose account the customs formalities are performed according to the sample determined by the General Directorate of Customs and submit it to the General Directorate of Customs and certify a copy in each case. Attach the submission declaration.

Article 382- A special card will be issued for the employees of the trade houses and the employees of the right-of-way workers who refer to the customs for customs formalities or assistance in carrying out customs affairs and do only the work related to the business or the right-of-way work. .

A- In addition to being literate in the third grade of high school and having information related to customs affairs, such persons must meet the conditions set forth in paragraphs 1, 3 and 5 of Article 377 of this regulation and about such employees will be at least twenty years old.

B- If they intervene only as an aid in carrying out customs formalities, they must present a letter of signature, the signature of which is certified in notaries, by the trading house or the right to work, specifying the limits of interference in affairs. And such papers are accepted only at the customs with the signature of the merchants or the right to work on behalf of the owner of the goods.

C- If they want to sign the declaration and papers, they must have an official and registered power of attorney from the owner of the goods in accordance with the provisions of Article 381 of this regulation and attach it to the customs and a certified copy of it in each case. If such authority is given to the employee by the right of action, it is accepted provided that the right of action according to the power of attorney of the owner of the goods that he submitted to the customs also has power of attorney in the power of attorney. In both cases, the issuer of the letter of recommendation or power of attorney must provide a written guarantee for the actions of the person introduced to the customs as follows.

انجانب …………. Holding a business card / work permit, number issued by the Iranian Chamber of Commerce and Industry / Customs, I promise whenever due to the actions of Mr. ………. The General Directorate of Customs of the Islamic Republic of Iran should be compensated or fined for violating the customs regulations. I should compensate the damage and pay the fine according to the customs.

D) For each of these persons, after submitting the letter of attorney or power of attorney (original or certified copy) and the prescribed documents of the head of the department, if he deems it eligible, a special card based on the limits of authority given by the nominee or his client to the holder. Is issued for a period not exceeding one year. The mentioned cards are issued in two copies and the photo of the holder must be attached to both copies and the stamp must be attached and canceled and canceled after receiving fifty Rials.
The first copy of the card will be confiscated to the beneficiary of the second copy in the case file related to the employee’s right to work, and if the card holder is an employee of the trading house, a special file will be opened and kept for him.

obliged to increase its guarantee in proportion to the annual performance when renewing the license.

Note – Depending on the volume of their work in the customs, the employees can introduce the necessary number of representatives at the discretion of the head of customs and observing the relevant regulations.

Article 383- The labor right is obliged to register all the operations performed in the customs on behalf of the persons in a special office. This office is kept at the expense of the labor right according to the sample and order given by the customs and before registration Its sheets should be sealed by the customs at the place of numbering and the office, and in the first sheet of the said office, the name and address of the work permit and the number and date of the license issued by the General Customs Office as well as the number of sheets should be signed by the head of customs. Receipt of the right to work must be submitted.

Article 384- The head of customs has the right to inspect the office of labor rights whenever he wants and the director of customs is obliged to immediately submit his office to the head of customs for written notice as soon as the head of customs or his representative Must note and sign his / her visit with the date below the last record.

Article 385- The right to work is obliged to keep the said office always tidy and undamaged.
Part II – Violations of the rights of perpetrators and their punishment
Article 386- Whenever the employer’s right to work while working in the customs is mainly a false declaration or an act contrary to the customs law and regulations, which entails financial losses of the government, his violation shall be violated upon the proposal of the customs in a commission composed of representatives of the Ministry of Economy and The Chamber of Commerce, Industries and Mines of Iran and the General Directorate of Customs of the Islamic Republic of Iran will investigate and if the violation is proven according to the final decision of the said commission, the license of the violator will be temporarily or permanently revoked (Article 36 of the Law on Customs Affairs). Involved in the commission of customs smuggling, in addition to the implementation of the above regulations, will also be subject to the regulations of the perpetrators of smuggling.

Note – If the right to work is infringing on legal persons, the provisions of this article include both the said legal person and those in which the legal entity has the right to sign and has signed the declaration of violation or has acted in violation of it, and If the right to work is from natural persons, during the period of prohibition, he / she cannot interfere in the affairs of customs work as a person who has a signature in a legal entity.

Article 387- The customs of each place must keep an independent file consisting of three folders for each of the employees who are engaged in the work fee in the customs of that place by obtaining a license. The files that should always be available in these files are as follows:

Folder 1 – Applying for a license
Certified copy or photocopy of the operating license
Certified photocopy of business card subject to Article 377 of this by-law Receipt of work rights office subject to Article 383 of this by-law.

Folder 2 – A copy of any violation record or smuggling record filed against him at customs.

Folder 3 – Any other correspondence and correspondence that is exchanged about the person entitled to work.