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The holder of a regulated air cargo agent certificate must—
(1) continue to meet the standards and comply with the requirements of Subpart B prescribed for certification under this Part; and
(2) comply with every procedure referred to in the certificate holder’s exposition; and
(3) hold at least one complete and current copy of the certificate holder’s exposition at each location where a senior person is based; and
(4) make each applicable part of the certificate holder’s exposition available to personnel who require those parts to carry out their duties; and
(5) maintain the register of known customers with current information for each of the certificate holder’s known customers; and
(6) subject to rule 109.103, suspend or remove the name of a known customer from the certificate holder’s register of known customers if so requested in writing by the Director; and
(7) notify the Director in writing of any change of address for service or telephone number within 28 days of the change; and
(8) ensure that a person does not perform a security control function under the authority of the holder’s certificate unless the person holds an appropriate authorisation issued in accordance with the procedures required under rule 109.59.
(a) Subject to paragraph (c), the Director may request in writing that the holder of a regulated air cargo agent certificate suspend or remove the name of a known customer from the certificate holder’s register of known customers, if the Director is satisfied that—
(1) the known customer has failed to comply with—
(i) a requirement relating to the cargo and security control procedures required by rule 109.55(a)(2), or (3); or
(ii) a requirement relating to the procedures and register for known customers required by rule 109.61; and
(2) it is in the interest of aviation security to suspend or remove the name of the known customer.
(b) The suspension or removal of the name of a known customer from the certificate holder’s register of known customers may be for a period specified by the Director or until the Director is satisfied that every requirement that the customer failed to comply with is met.
(c) Subject to paragraph (d), before requesting the suspension or removal of a known customer’s name under paragraph (a), the Director must, if the Director proposes to take into account any information that is or may be prejudicial to the known customer, disclose the information to the known customer, and allow the known customer to refute or comment on it, within 30 days of disclosing the information.
(d) The Director is not required to disclose information—
(1) which may endanger the safety of any person:
(2) which is not in the interest of aviation security, if disclosed.
(a) Subject to paragraph (b), the holder of a regulated air cargo agent certificate must—
(1) ensure that its exposition is amended as required, to remain a current description of the certificate holder’s organisation, and air cargo security services; and
(2) ensure that any amendment made to its exposition meets the applicable requirements of this Part; and
(3) comply with the exposition amendment procedure contained in its exposition; and
(4) provide the Director with a copy of each amendment to its exposition, as soon as practicable after the amendment is incorporated into the exposition; and
(5) make such amendments to its exposition as the Director may consider necessary in the interests of aviation security.
(b) If the holder of a regulated air cargo agent certificate changes, or proposes to change, any of the following, the certificate holder must notify the Director prior to the change or as soon as practicable if prior notification is not possible, and the change must be accepted by the Director, including applicable fit and proper person criteria under section 80 of the Act, before being incorporated into the certificate holder’s exposition:
(1) the person identified as the chief executive:
(2) the title or name of any senior person specified in the exposition as required by rule 109.71(a)(2):
(3) the cargo and mail security procedures required by rule 109.55:
(4) the screening procedures required by rule 109.57:
(5) the authorisation procedures required by rule 109.59:
(6) the procedures for a known customer required by rule 109.61:
(7) the internal quality assurance procedures required by rule 109.69.
(c) The Director may impose conditions under which the holder of the regulated air cargo agent certificate may operate during or following any of the changes specified in paragraph (b).
(d) The holder of an air cargo agent certificate must comply with any condition imposed by the Director under paragraph (c).
(e) If any of the changes under paragraph (b) requires an amendment to the air cargo agent certificate, the certificate holder must forward the certificate to the Director as soon as practicable for endorsement of the changes.
A person must not issue a declaration of security to an air operator for a consignment of cargo or mail to which this Part applies unless—
(1) the person holds a valid written authorisation from the holder of a regulated air cargo agent certificate to issue the declaration; and
(2) the person issues the declaration of security—
(i) under the authority of the regulated air cargo agent certificate; and
(ii) in accordance with the certificate holder’s procedures for issuing the declaration; and
(3) the consignment of cargo or mail has been subjected to the security control procedures detailed in the certificate holder’s exposition.
The holder of a regulated air cargo agent certificate must not permit a person to enter, and a person must not enter an access controlled area unless—
(1) the person holds a valid written authorisation issued in accordance with the procedures required under rule 109.59(b); or
(2) the person is accompanied by a person who holds an authorisation referred to in paragraph (1).
