23. Applications for registration certificates
| (1) | An application for a registration certificate shall be made every 2 (two) years, not later than 20 (twenty) business days before each anniversary of the date of issue of the registration certificate concerned on a form available from the Council for this purpose. |
| (a) | be completed in full in accordance with the directions indicated thereon, and shall be signed by the applicant or by a person duly authorised thereto, on behalf of the applicant; |
| (i) | the applicable application fee determined by the Council for this purpose, as well as the other applicable particulars and documents indicated thereon; and |
| (ii) | a tax clearance certificate issued to the applicant by the South African Revenue Services which tax clearance certificate is not older than 3 (three) months since date of issue; |
| (c) | be forwarded by post to the Council to, or be delivered to the Council at, the address indicated thereon; and |
| (d) | authorise holders of personal data to furnish information regarding the applicant's credentials to the Council and /or its duly authorised verification agent. |
| (3) | In order to determine whether the applicant and the persons referred to in sub-rule 5(a) below are fit and proper persons, the application form submitted to the Council shall provide particulars of such persons and shall also deal with the matters referred to in sub-rules 5(a)(i) to (vii) and sub -rule 5(b) below. |
| (4) | A export agent must in the application to the Council, be candid and accurate and must of his own accord disclose all facts and information at his disposal or which may be accessible to him, and which may be relevant for purposes of a decision by the Council. |
| (5) | The Council must, on receipt of an application by an export agent for the issue of a registration certificate, consider the application on the basis of all information disclosed in the application, or otherwise obtained in terms of the Act or these rules, relating to the proposed issue of a registration certificate and of the following criteria and guidelines: |
(a) that the applicant and the persons who are in charge or in control of the applicant:
| (i) | are fit and proper persons; |
| (ii) | have sufficient and appropriate knowledge of the provisions of the Act and the Rules, and particularly of all duties and obligations imposed on the applicant in terms of the Act and the Rules and of duties and obligations to be discharged by the applicant in the enforcement of any rights granted by the Act; |
| (iii) | will, as regards the relevant business, have adequate resources available to ensure proper compliance monitoring, including as regards the activities of the employees of the export agent concerned; |
| (iv) | will be able to function adequately independently or objectively; |
| (v) | will be able and enabled to keep a written record of all activities undertaken in the course of the business including, but not limited to accounting records and relevant financial transactions; |
| (vi) | will be able to function in a manner ensuring that no actual or potential conflicts of interest arise either internally or externally; |
| (vii) | will be able to liaise directly with the Registrar; and |
| (b) | the number of regulatory courses or training attended and regulatory examinations or training passed by the persons referred to in sub-rule (5)(a). |
| (6) | In the exercise of its approval function, the Council is vested with a discretion and may grant an approval temporarily, provisionally, conditionally or unconditionally and in a particular case notwithstanding that the Council is not satisfied that any particular criterion or guideline is fully met in any such case; provided that the Council shall not grant an approval where non -compliance with rule 23(5)(a), (b), (e) or (f) is found. |
24. Payments for registration certificates
| (1) | The Council shall not issue a registration certificate to an export agent, unless the amount referred to in sub-rule (2) and determined in terms of sub-rule (3) has been paid in full to the Council. |
| (2) | The amount required from an export agent by the Council in terms of sub-rule (1) above shall be determined by the Council on an annual basis and shall be paid to the Council simultaneously with the application referred to in rule 2(1) above. |
| (3) | The amount to be paid to the Council by an export agent for the issue of a registration certificate shall be determined by the Council annually. |
25. Maintenance of registration certificates
| (1) | The Council shall annually not later than 30 April in writing notify each export agent and each employee who is the holder of a registration certificate, of the amount determined in terms of section 16(9)(a) of the Act, that is payable for the maintenance of such certificate, which payment is to be made not later than the date determined by the Council. |
| (2) | Such payment, together with any interest accrued in terms of sub-rule (3) (if applicable), shall reach the Council on or before 30 June first following the date of the relevant notice referred to in sub-rule (1). |
| (3) | The total outstanding amount owing from time to time in terms of sub-rule (1) shall bear interest at the mora interest rate determined from time to time in terms of the Prescribed Rate of Interest Act, 55 of 1975. |
26. Suspension
| (1) | The Council may suspend an export agent from conducting his business as export agent if— |
| (a) | that export agent has failed to make the payment referred to in rule 26 (2) above; or |
| (b) | on written demand by the Registrar, has failed to— |
| (i) | comply with rule 40(2) below and give satisfactory reasons for the failure to furnish the required report; or |
| (ii) | show satisfactory cause for the export agent to continue conducting his business as such. |
| (2) | If the Council orders a suspension as contemplated in sub-rule (1), any interested person may apply in the prescribed manner and farm to the Council, to cancel the suspension of the export agent; provided however that if such request is made by or on behalf of the export agent concerned, the Council shall cancel the suspension of the export agent, only after the export agent has complied with his outstanding obligations in terms of rule 25 (2) and rule 40 (2) below (as the case may be). |
