The regular Customs Broker Exam is held twice a year on the fourth Wednesday in April and October unless the regularly scheduled examination date conflicts with a national holiday, religious observance, or other foreseeable event in which case the CBP will publish an appropriate notice of a change in the examination date in the Federal Register.
However, in circumstances where a brokerage is at risk of losing its license by operation of law before the next scheduled examination, CBP may, at the request of the brokerage and on payment of the associated expenses, conduct a special examination for the Customs Broker License, for a prospective applicant for an individual license, who would serve as the required licensed member or officer for the brokerage.
- Under § 111.11(b) to qualify for a broker’s license, a partnership must have at least one member of the partnership who is a broker.
- Under § 111.11 (c) to qualify for a broker’s license, an association or corporation must have at least one officer who is a broker.
- Under § 1641(b)(5) the failure of a customs broker that is licensed as a corporation, association, or partnership … to have, for any continuous period of 120 days, at least one officer of the corporation or association, or at least one member of the partnership, validly licensed [as a broker] … shall, …, result in the revocation by operation of law of its license.
- Further, under § 111.45(a) 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 result in the revocation by operation of law of the license and any permits issued to the partnership, association, or corporation.
- Under § 111.13 (c) if a partnership, association, or corporation loses the required member or officer having an individual broker’s license and its license would be revoked by operation of law before the next scheduled examination, CBP may authorize a special examination for a prospective applicant for an individual license who would serve as the required licensed member or officer. CBP may also authorize a special examination for an individual for purposes of continuing the business of a sole proprietorship broker.
A special examination for an individual may also be authorized by CBP if a brokerage firm loses the individual broker who was exercising responsible supervision and control over an office in another district and the permit for that additional district would be revoked by operation of law before the next scheduled examination.
A request for a special examination must be submitted to the Executive Assistant Commissioner, Office of Trade, in writing and must describe the circumstances giving rise to the need for the examination. If the request is granted, the Executive Assistant Commissioner will notify the prospective examinee of the exact time and place for the examination. If the individual attains a passing grade on the special examination, the application for the license may be submitted in accordance with § 111.12.
The examinee will be responsible for all additional costs incurred by CBP in preparing and administering the special examination that exceed the $390 examination fee prescribed in § 111.96(a), and those additional costs must be reimbursed to CBP before the examination is given.
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