CUSTOM AGENT Is the person authorized by the Ministry of Finance to act before the competent bodies of the customs service in the name and on behalf of the one who hires its services, in the process of an operation, regime or customs activity. The Customs Agent performs a mercantile function aimed at facilitating those who contract their services, that is, their constituents in all matters related to compliance with the legal regulations in force in the matter of import, export, customs transit and any inherent incidental activity To such customs operations. In Venezuela, this brokerage work carried out by the Customs Agent is an auxiliary activity to the Public Customs function, but this does not mean that it possesses some delegated public authority with its corresponding coercive authority, on the contrary, it relies on strict control fiscal. Article 35 of the Organic Customs Law: «The Customs Agent is the person authorized by the Ministry of Finance to act on the competent bodies in the name and on behalf of the one who hires its services in the process of a customs operation or activity without prejudice to the responsibilities that, according to this Law To the consignee accepting, exiting or remitting the goods, the Customs Agent shall be responsible to the National Treasury and to its principal for infringements committed to customs regulations derived from his or her act or omission, willful or guilty in the exercise of his function. REQUIREMENTS FOR ACTING AS CUSTOMS AGENT Authorization to act as a customs agent shall be granted at the request of an interested party, subject to compliance with the following requirements: 1) Being Venezuelan; 2) be of legal age and enjoy the full exercise of their rights; 3) Graduated from University or Institute of Higher Education, enrolled in the Ministry of Education and have approved studies linked directly with customs. The Regulation shall establish the conditions for approval; 4) Not to be an officer or public or military employee in active duty; 5) Not having served in the Customs Administration during the year prior to the request; Y 6) Not be related up to the fourth degree of consanguinity or second of affinity with the officials who represent the National Treasury in the respective customs; 7) Have passed a knowledge contest, as established in the Regulations. 8) Any other requirements established by the Regulation. The Customs Administration will annually evaluate the persons authorized to act as customs agents, in accordance with the rules established in the Regulations, in order to verify that they maintain the same conditions that gave rise to the authorization. If these conditions are not maintained, the authorization will be revoked. First Paragraph: Legal persons who request authorization to act as a customs agent must maintain on their payroll one or more natural persons authorized at the same time, as a customs agent, in accordance with the previous provisions and according to the provisions of the Regulations. Paragraph Two: Legal entities other than those provided for in the previous paragraph, wishing to act on their own behalf before the Customs Administration, must comply with all the requirements set forth in this article. Paragraph Three: The Regulations shall establish the necessary conditions and requirements for the purposes of granting the authorization. Article 37: The authorization must indicate the customs operations on which it will be possible to act; Temporary or permanent nature, authorities to which it may manage; And any other circumstance indicated in the Regulations. Article 134: The request to obtain the authorization referred to in the previous article, will be formulated in paper sealed and addressed to the Ministry of Finance, General Directorate of Customs. It will indicate the customs operations on which it is intended to act, the temporary or permanent nature of the authorization requested and the customs authorities before which it will be managed. The application must be accompanied by the following precautions: A) Balance sheet and photocopy of the income tax return of the last year of the fiscal year; B) Evidence of domicile and solvency; C) Proof of knowledge and technical capacity in the matter. Sole Paragraph: In the case of juridical persons, the collection indicated in the literal «c» will refer to partners or employees of the same. In addition, the application must be accompanied by a certified copy of the articles of incorporation and by laws.
