S.L. 217.26 Art. 7Functions of Agents. 

(1) An agent shall:

(a) advise and guide the applicant as to his responsibilities and obligations to ensure compliance with the applicable provisions of the Act, these regulations and any guidelines issued by the Agency;

(b) advise and guide the applicant on all matters relating to the application, and submit to the Agency all documentation and information in relation thereto as prescribed by these Regulations or as required by the Agency within the time set out in these Regulations, or as indicated by the Agency, as applicable;

(c) disclose to the Agency any information or explanations that the Agency may reasonably require, within the time indicated by the Agency in the request;

(d) act as liaison between the applicant and the Agency on all matters relating to the application; and

(e) notify the Agency without delay of its intention to renounce to the engagement or if such engagement is terminated by the main applicant, giving details of any facts or circumstances relevant thereto.

(2) In discharging his obligations, an agent shall at all times:

(a) deal with the Agency in an open, transparent and co-operative manner;

(b) deal promptly with all enquiries raised by the Agency; and

(c) disclose to the Agency in a timely manner any material information relating to the agent or the applicant, of which he has knowledge, which may affect compliance with or constitute a breach of any of the provisions of these regulations.

(3) Agents shall at all times:

(a) abide fully by the conditions of their licence;

(b) abide fully by any code of conduct or ethics, regulations, notices, policies or guidelines made or adopted from time to time by the Agency relating to the operation, implementation, marketing, promotion and advertising of the Programme and, or otherwise made applicable specifically to agents, including any best practices generally recognised in the industry or established as such by such local or international professional associations or organisations as have been approved by the Agency;

(c) ensure that their staff are aware of the regulations and procedures relevant to the Programme which must be followed for the proper marketing and promotion of the said Programme and for the proper discharge of their responsibilities;

(d) employ personnel with the skills, knowledge and expertise necessary for the discharge of their responsibilities and obligations under and in respect of the Programme and to train them appropriately from time to time;

(e) keep the affairs of clients confidential except where disclosure of information is required by law or in terms of guidance issued by the Agency or otherwise authorised by the person to whom the duty of confidentiality is owed;

(f) establish, implement and maintain systems and procedures that are adequate to safeguard the security, integrity and confidentiality of all data and information, including documentation, provided to them, taking into account the nature of the information in question; and

(g) avoid any conflict of interest with their clients and always act in their clients’ lawful interests.

(4) Without prejudice to any of the other provisions of these regulations, if, at any stage after the issuance of a certificate in terms of these regulations, an agent becomes aware, of any material breach of these regulations or fraud on the part of any applicant or of any false, misleading or materially inaccurate information provided to the Agency, or of any material information that was not provided to the Agency, by any applicant or on his behalf, but in all cases with reference to the information that was provided or should have been provided, the agent shall be duty bound to immediately inform the Agency thereof.

(5) Agents shall be personally responsible to ensure that they impose the same standards, requirements and obligations applicable to them in accordance with these regulations on their employees, assistants or associates.