Regulations Governing the Establishment and Management of Customs Brokers Article 8

Under one of the following circumstances, a customs broker establishment application from the responsible person of the customs broker or his/her authorized customs brokerage manager (hereinafter referred to as "the person") should be denied; where establishment is approved, no customs broker operating license should be issued; where a customs broker operating license is issued, license should be amended within ten days, otherwise, said customs broker operating license should be cancelled.1. The person is a subject of a bankruptcy declaration and rights have not been restored;2. The person is a subject of a tax evasion penalty and case is still unresolved;3. The person has a prior record of major customs tariff related law violation, thereby making party an untrustworthy candidate for customs brokerage operations;4. The person has been removed from the public functionary post that he/she served, and the term of such removal has not yet exceeded five years, or the person has been suspended from the public functionary post that he/she served, and the term of such suspension has not yet expired;5. The person lacks capacity, possesses limited capacity, or is subject to the order of commencement of assistance that has not yet been revoked;6. A customs broker previously under the person’s responsibility committed a violation against the customs regulations serious enough to cause a cancellation of its customs broker operating license, and the prohibition period of five years has not yet elapsed;7. Has previously been convicted to final and unappealable judgment of a crime of forgery, fraud, breach of faith, embezzlement, or a violation of legislation related to business management, and that he/she has not served sentence, completely served sentence, or his/her conviction is made within two years have not elapsed since completion of the sentence, expiration of the suspended sentence, or being pardoned.8. Has a serious loss of financial credibility, and matter is still unresolved or although matter is resolved, the two-year period has not yet elapsed.9. Has previously been convicted by a final and unappealable judgment of a crime under Controlling Guns, Ammunition and Knives Act, Punishment of Smuggling Act, Narcotics Hazard Prevention Act or Organized Crime Prevention Act, and that he/she has not served the sentence, or completely served the sentence, or his/her conviction is made within five years have not elapsed since completion of the sentence, expiration of the suspended sentence, or being pardon.The customs broker set up before the implementation of the amended provisions effective on November 2, 2018 shall be subject to the provision of the preceding paragraph after this amendment has been implemented for six months.The customs broker, whose operating license has been issued by the customs authorities before the implementation of the amended provision of Subparagraph 6, Paragraph 1 effective on May 26 th , 2023 and who previously under the person’s responsibility committed a violation against the customs regulations serious enough to cause a cancellation of its customs broker operating license and the prohibition period of two years has elapsed , however, five years not y et elapsed at the time the amended subparagraph was implemented, shall be subject to the provision of the subparagraph after this amendment has been implemented for six months.