[Code of Federal Regulations]

[Title 19, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR111.45]



[Page 521]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

              HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

 

PART 111_CUSTOMS BROKERS--Table of Contents

 

        Subpart C_Duties and Responsibilities of Customs Brokers

 

Sec.  111.45  Revocation by operation of law.



    (a) License. If a broker that is a partnership, association, or 

corporation fails to have, during any continuous period of 120 days, at 

least one member of the partnership or at least one officer of the 

association or corporation who holds a valid individual broker's 

license, that failure will, in addition to any other sanction that may 

be imposed under this part, result in the revocation by operation of law 

of the license and any permits issued to the partnership, association, 

or corporation. The Assistant Commissioner or his designee will notify 

the broker in writing of an impending revocation by operation of law 

under this section 30 calendar days before the revocation is due to 

occur.

    (b) Permit. If a broker who has been granted a permit for an 

additional district fails, for any continuous period of 180 days, to 

employ within that district (or region, as defined in Sec.  111.1, if an 

exception has been granted pursuant to Sec.  111.19(d)) at least one 

person who holds a valid individual broker's license, that failure will, 

in addition to any other sanction that may be imposed under this part, 

result in the revocation of the permit by operation of law.

    (c) Notification. If the license or an additional permit of a 

partnership, association, or corporation is revoked by operation of law 

under paragraph (a) or (b) of this section, the Assistant Commissioner 

or his designee will notify the organization of the revocation. If an 

additional permit of an individual broker is revoked by operation of law 

under paragraph (b) of this section, the Assistant Commissioner or his 

designee will notify the broker. Notice of any revocation under this 

section will be published in the Customs Bulletin.

    (d) Applicability of other sanctions. Notwithstanding the operation 

of paragraph (a) or (b) of this section, each broker still has a 

continuing obligation to exercise responsible supervision and control 

over the conduct of its brokerage business and to otherwise comply with 

the provisions of this part. Any failure on the part of a broker to meet 

that continuing obligation during the 120 or 180-day period referred to 

in paragraph (a) or (b) of this section, or during any shorter period of 

time, may result in the initiation of suspension or revocation 

proceedings or the assessment of a monetary penalty under subpart D or 

subpart E of this part.