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The Customs (Import Duty) (EU Exit) Regulations 2018, Section 93 is up to date with all changes known to be in force on or before 02 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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93.—(1) A person may only be an authorised economic operator if—
(a)the person is established in the United Kingdom;
(b)the person is registered as an economic operator under Article 9 of the UCC;
(c)the person, and any directors or senior employees of that person, have not been involved in a breach of an obligation relating to tax or a Customs obligation, which in the opinion of an HMRC officer is—
(i)a serious breach having regard to the circumstances and nature of any breach and the number of any breaches; and
(ii)relevant to the suitability of that person to be an authorised economic operator;
(d)the person, and any directors or senior employees of that person, have no criminal convictions which in the opinion of an HMRC officer are—
(i)serious having regard to the type of conviction; and
(ii)relevant to the suitability of that person to be an authorised economic operator;
(e)the person maintains a logistical system and records that identify the movement of, and transactions in, chargeable goods M1 and domestic goods M2 and facilitates compliance with Customs obligations;
(f)in the opinion of an HMRC officer, the person's financial standing makes that person suitable to be an authorised economic operator; and
(g)the person meets any professional standards of competence specified in a notice published by HMRC or, in the opinion of an HMRC officer, the person's practical experience makes that person suitable to be an authorised economic operator.
(2) HMRC may publish a notice specifying professional standards of competence.
Modifications etc. (not altering text)
C1Pt. 9 modified (31.12.2020) by The Customs (Special Procedures and Outward Processing) (EU Exit) Regulations 2018 (S.I. 2018/1249), regs. 1(2), 42(4); S.I. 2020/1643, reg. 2, Sch.
C2Pts. 1-10 applied (with modifications) (31.12.2020) by The Customs (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1605), regs. 1(1), 32; S.I. 2020/1643, reg. 2, Sch.
C3Pt. 9 applied (with modifications) (22.2.2019 for specified purposes, 31.12.2020 in so far as not already in force) by The Customs (Export) (EU Exit) Regulations 2019 (S.I. 2019/108), regs. 1(3)(d), 59(1); S.I. 2020/1643, reg. 2, Sch.
C4Pt. 9 modified (1.10.2020 for specified purposes, 31.12.2020 in so far as not already in force) by The Customs (Bulk Customs Declaration and Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/967), regs. 1(2)(4)(b), 3(2); S.I. 2020/1643, reg. 2, Sch.
Commencement Information
I1Reg. 93 in force at 2.1.2019 for specified purposes, see reg. 1(4)(c)
I2Reg. 93 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1643, reg. 2, Sch.
Marginal Citations
M1“Chargeable goods” is defined in section 2 of the Act.
M2“Domestic goods” is defined in section 33 of the Act.
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