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2016 OAS Guidelines

Section V: Revocation

The provisions on revocation of the authorization and the cases that may give rise to revocation are contained in Articles 28 of the CAU and 34 of the AE CAU.

Pursuant to Article 28, paragraph 1 of the UCC, a decision in favour of the interested party shall be revoked or amended when

  • one or more of the conditions established for its adoption have not been met or have ceased to be met; or
  • the holder of the decision so requests.

If the competent customs authority decides on a revocation, a new application for AEO authorization will not be accepted within three years from the date of revocation.

Revocation of an AEO authorization will not affect any favorable decision made regarding the same person, unless AEO status was a condition for such favorable decision or such decision was based on the criterion no longer being met.

The revocation or modification of a favourable decision taken in relation to the authorisation holder will not automatically affect that person's AEO authorisation (Article 34(2) of the AE CAU).

Where the same person is both an AEOC and an AEOS and the authorisation is revoked due to non-compliance with the conditions stipulated in Article 39(d) of the Code (appropriate level of competence or professional qualifications directly related to the activity carried out), the AEOC authorisation shall be revoked and the AEOS authorisation shall remain valid (Article 34(3), first subparagraph, of the AE CAU).

Where the same person is both an AEOS and an AEOC and the authorisation is revoked due to non-compliance with the conditions stipulated in Article 39(e) of the Code (adequate levels of safety and security), the AEOS authorisation shall be revoked and the AEOC authorisation shall remain valid (Article 34(3), second subparagraph, of the AE CAU).

It should be noted that revocation at the initiative of the customs authorities is a customs decision, and the economic operator has the right to be heard. Therefore, the results, the assessment carried out, and the fact that, pursuant to this assessment, this may lead to the revocation of the AEO's status will be notified to the AEO concerned, unless the right to be heard has previously been invoked in the preceding suspension procedure. In any revocation decision, the economic operator will also have the right to appeal the decision.