Section 96: Compulsory guarantee

1 Guarantees shall be required for -
a customs licensed agents;
b customs warehouse and free zones;
c freight forwarders and transport firms;
d traders that import or export goods valued at an annual amount to be determined by the Service; and
e any person that the Service determines may not pay a customs debt, based on the application of risk management criteria.

2 When the amount can be established with certainty at the time a guarantee is required, the Service shall fix the amount of a compulsory guarantee at an amount equal to the duty, excise tax, other tax and fee obligation of the debtor.

3 Where it is not possible to establish the precise amount, the guarantee shall be fixed at the maximum amount, as estimated by the Service, of the duty, excise tax, other tax and fee obligation that will correspond to the customs debt which may be incurred.

4 When a comprehensive guarantee as defined in section 95 (6) of this Act is provided for the customs debts, the amount of such guarantee shall be set by the Service at a level enabling the Service debt to be covered by the guarantee at all times.