| 3. | Applications for registration certificates |
| (a) | An application for a registration certificate shall be made on or before the date on which an export agent commences business as such. |
| (b) | The application shall be made in the form prescribed from the Council from time to time and: |
| (i) | 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; |
| (ii) | provide accurate, true and up to date information of the export agent and its designated employee/s as may be required by the Council; |
| (1) | the applicable application fee determined by the Council for this purpose, as well as the other applicable particulars and documents indicated thereon; and |
| (2) | 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. |
| 4. | Renewal of registration certificates |
| (a) | An application for the renewal of a registration certificate shall be made by every export agent that has experienced a change in control within 90 (ninety) days of undergoing such change in control. An export agent who has not undergone a change in control as herein contemplated shall not be required to make application for the renewal of its registration certificate. For the sake of clarity and avoidance of doubt, the export agent shall however remain obliged to make payment of the annual fee required for the maintenance of such certificate as determined in accordance with rule 9. |
| (b) | The provisions of Rule 3(b) shall apply mutatis mutandis to applications made in terms of Rule 4(a) |
| 5. | Consideration of Application |
| (a) | The Council must, on receipt of an application by an export agent for the issue or renewal (if rule 4(a) applies) 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 or renewal of a registration certificate and of the following criteria and guidelines: |
| (i) | an applicant will not be disqualified from the issue of a registration certificate solely on the basis of the fact that such applicant has not undertaken and/or passed the regulatory courses, training or regulatory exams contemplated in these Rules; |
| (ii) | for purposes of the issue of a registration certificate, the requirement (if any) to have undertaken and/or passed the regulatory courses, training or regulatory exams contemplated in Rule 6 will be determined with reference to: |
| (1) | the applicant’s experience in the export industry; |
| (2) | compliance with the Rules and Act in the past; and |
| (3) | other documentary evidence placed before the Council demonstrating the applicant’s knowledge of the provisions of the Act and Rules together with its ability to comply therewith. |
| (iii) | an applicant will provide a declaration that the persons in control of the applicant have not been convicted of a criminal offence relating to a crime with an element of dishonesty such as corruption, bribery, fraud or money laundering and a criminal background check will not be required. Should such declaration be found to be false, a registration certificate may be forthwith withdrawn. |
| (a) | In order to determine whether applicants are fit and proper persons, the Council must, on receipt of an application by an export agent for the issue or renewal, consider the application (in addition that set out in Rule 5) on the basis of the following criteria and guidelines: |
| (i) | that the applicant, designated employees and the persons who are in charge or in control of the applicant: |
| (1) | are fit and proper persons; |
| (2) | 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; |
| (3) | will, as regards the relevant business, have adequate resources available to ensure proper compliance monitoring, including as regards the activities of the designated employees of the export agent concerned; |
| (4) | will be able to function adequately independently or objectively; |
| (5) | 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; |
| (6) | will be able to function in a manner ensuring that no actual or potential conflicts of interest will be incapable of being managed properly, either internally or externally; and |
| (7) | will be able to liaise directly with the Registrar. |
| 7. | Exceptions and Exemptions |
| (a) | In the exercise of its approval function, the Council is vested with a discretion and may grant an approval temporarily, provisionally, conditionally or unconditionally in a particular case notwithstanding that the Council is not satisfied that any particular criterion or guideline is fully met in any such case. |
| (b) | In addition to the above, the Council may grant to Emerging Export Agents such indulgences and/or exemptions as may be reasonably determined by the Council having regard to the Council’s objective to enhance the status and dignity of the occupation the persons practising the occupations of export agents read in conjunction with the objectives set out in section 2 of the B-BBEE Act. |
| 8. | Payments for registration certificates |
| (a) | The Council shall not issue a registration certificate to an export agent, unless the amount referred to and determined in terms of subrule (b) has been paid in full to the Council. |
| (b) | The amount required from an export agent by the Council in terms of subrule (a) 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 Rules 3 and 4 above. |
9. Maintenance of registration certificates
| (a) | The Council shall annually not later than 30 April in writing notify each export agent 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. |
| (b) | Such payment, together with any interest accrued in terms of subrule (c) (if applicable), shall reach the Council on or before 30 June first following the date of the relevant notice referred to in subrule (a). |
| (c) | The total outstanding amount owing from time to time in terms of subrule (a) shall bear interest at the mora interest rate determined from time to time in terms of the Prescribed Rate of Interest Act. |
| (a) | The Council may suspend an export agent from conducting his business as export agent if— |
| (i) | on written demand by the Registrar, has failed to remedy with 20 (twenty) days of such demand any breach of these Rules. |
| (b) | If the Council orders a suspension as contemplated in subrule (a), any interested person may apply in the prescribed manner and form 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 remedied his breach of the Rules. |
