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Policy of Guidelines for setting up of Inland Container Depots(ICDs), Container Freight Stations (CFSs) and Air Freight Stations (AFSs) - Customs - PUBLIC NOTICE No. 67/2020

Extract

..... 2018. Accordingly, the Board had reconstituted the Inter-Ministerial Committee vide order issued under F.No.434/4/2018-Cus.IV dated 20.06.2018. 1.2 In the last two decades, both the cargo volumes and capacities of ICDs/CFSs have increased manifold. A few key initiatives transforming the manner of trade in recent years, such as implementation of the Authorized Economic Operator(AEO) programme, rising penetration of the Direct Port Delivery(DPD) and Direct Port Entry(DPE) initiatives, Self Sealing (RFID seals), Self-Assessment, Electronic Cargo Tracking System(ECTS) and RMS based facilitation have completely changed the operation of Export-Import logistics. The CBIC is also targeting higher DPD, DPE numbers with minimum but more effective Customs interventions aided by technological measures. 1.3. Similarly, physical infrastructure has undergone exponential improvements with the development of expressways, national highways connecting ports to hinterland. Many new private ports & terminals within the existing ports have come up on both Western and Eastern coasts of the country. The operationalisation of Western and Eastern Dedicated Freight Corridors is near future is expected t .....

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Policy of Guidelines for setting up of Inland Container Depots(ICDs), Container Freight Stations (CFSs) and Air Freight Stations (AFSs) - Customs

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..... system with a separate station code (such as INTKD 6, INSNF 6 etc.) being allotted by Ministry of Commerce and with in-built capacity to enter examination reports and enable assessment of documents, processing of manifest, amendments, etc. 2.2. Container Freight Station 2.2.1. An off seaport (or port) facility having such fixed installations or otherwise, equipment, machinery etc., providing services for handling/ clearance of laden import, export containers for home use, warehousing, temporary admissions, re-export etc under customs control and with storage facility for customs bonded or non-bonded cargo. 2.2.2. Though by definition, both ICD and CFS are similar, a CFS is only a Customs area notified under section 8 of the Customs Act, 1962, located in the jurisdiction of a Commissioner of Customs exercising control over a specified Customs port, airports, LCS/ICD while an ICD is notified under section 7 of the Customs Act, 1962. A CFS cannot have an independent existence and has to be linked to a Customs station within the jurisdiction of a Commissioner of Customs. It is an extension of a Customs port set up with the main objective of decongestion. In a CFS only a part of the Cu .....

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Policy of Guidelines for setting up of Inland Container Depots(ICDs), Container Freight Stations (CFSs) and Air Freight Stations (AFSs) - Customs

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..... in a warehouse or in different nominated warehouses/sheds. 2.4.4. Gate Complex: The Gate complex regulates the entry and exits of road vehicles carrying cargo and containers through the terminal. It is place where documentation, security and container inspection procedures are undertaken. 3. Functions and benefits of ICDs/CFSs/AFSs: 3.1. primary functions of ICD/CFS/AFS include receipt of dispatch/ delivery of cargo, stuffing and stripping of containers, transit operations by rail/road to and from serving ports; customs clearance, consolidation and desegregation of loose Container Load (LCL) cargo, temporary storage of cargo and containers, reworking of containers, and maintenance and repair of container units. 3.2. ICD/CFS/AFS, inter alia, offer the following benefits to the trade, namely, serving as concentration points for long distance cargo movement and transit facility, making available customs clearance facility available near the centers of production and consumption free movement of cargo at gateway ports and decongesting the ports, reducing the costs of transport, inventory, demurrage and level of pilferage; enabling intermodal transshipments & repositioning of contai .....

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Policy of Guidelines for setting up of Inland Container Depots(ICDs), Container Freight Stations (CFSs) and Air Freight Stations (AFSs) - Customs

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..... directions) between ICDs and shortest road distance (National Highway / State Highway, both directions) in case of road linked ICD. This rule shall be applicable across all Geographical Zones.. 4.1.5 Development in States with low Logistics Infrastructure To support infrastructure development in states with limited logistics infrastructure, priority should be given to identifying and promoting ICD/CFS/AFS facilities where presence of such facilities is limited. These are clustered in Green Zone as proposed above. IMC can give relaxation on Distance rules in Green Zone. 4.1.6 National Logistics Action Plan/Policy The approval and notification of all new ICD/CFS, including existing and new MMLPS will be processed in consonance with the national logistics action plan/policy. 4.1.7 Inland National Waterways Development of ICDs based on Inland National Waterways as mode of transportation will be encouraged with relaxation being given on Geographical Zone & Distance rules. 4.1.8 Railways Freight Corridors Approval of Greenfield ICDs directly along/Linked with DFCs (Eastern & Western DFCs and any new operationalized railways freight corridor) will be accorded with no more than one .....

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Policy of Guidelines for setting up of Inland Container Depots(ICDs), Container Freight Stations (CFSs) and Air Freight Stations (AFSs) - Customs

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..... een Zone, ICD with three hectares for customs notified area and one hectare for DPD & DPE may be considered. The minimum area requirement shall be two hectare for a CFS. For AFS 100 Sq. meters of covered area each for imports and exports respectively shall be made available. 4.3.2. Ownership of Land- The applicant must have the legal rights over the land which is proposed for ICD/CFS construction. If the land not owned and the land is leased, the lease agreement with lessor must be for period of 30 years. Change of Land Use certificate, wherever required shall accompany the application and land should be free from acquisition proceeding at date of application. The land parcels should be contiguous with only exception for setting up non-bonded storage facility. 4.4. Other Criteria 4.4.1. Legal entity - The applicant must be a legal entity in India under applicable law. The entity must possessa valid GST registration and should have been operating for a minimum period of three years. Page 6 of 23 4.4.2. Prior experience The applicant must have prior experience of operating as CCSP or should have other trans-border logistics experience such as logistics service provider including .....

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Policy of Guidelines for setting up of Inland Container Depots(ICDs), Container Freight Stations (CFSs) and Air Freight Stations (AFSs) - Customs

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..... will be a relevant factor but not necessarily binding on the IMC. The IMC can independently decide about approval/rejection of any project based on the valid considerations. The applicant shall not make any investment before obtaining the approval from IMC. The "in-principle" approval from the jurisdictional Customs Commissioner regarding the feasibility of the proposed facility shall not be considered as final. Any investment made by the prospective developer before the approval of IMC shall be at the risk of developer and as a result would not constitute a relevant factor for approval of the facility. 5.1.6. On approval of a proposal, a Letter of Intent (LOI) will be issued to the applicant with conditions as may be considered necessary, which enable applicant to initiate steps to create infrastructure. The applicant would be required to set up the infrastructure within one year from the date of approval. 5.1.7 The LOI will have a validity of 12 months. It will be further extendable by a maximum of 12 months once only. Only in exceptional cases, IMC would further extend it by 6 months in one go for maximum 2 terms. Therefore, no extension after this time will be provid .....

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Policy of Guidelines for setting up of Inland Container Depots(ICDs), Container Freight Stations (CFSs) and Air Freight Stations (AFSs) - Customs

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..... nfrastructure and meet the regulatory requirements in compliance with applicable law to become functional. The Check list for various requirements is given at the Annexure-ll. 6.1.2. The applicant, after receipt of LOI, shall send monthly progress report to jurisdictional Commissioner of Customs in the proforma as may be prescribed by him. Failure to submit progress report would have an adverse effect in cases where extension is to be sought. Non-compliance to send reports shall be a valid ground for rejection of request for extension. 6.1.3. After development of infrastructure as per requirements, applicant shall apply to CBIC for notification of facility as ICD or AFS under Section 7(aa) of Customs Act, 1962 through the Jurisdictional Commissioner of Customs. 6.1.4. Further, applicant will approach jurisdictional Commissioner of Customs to issue notifications under section 8 of the Customs Act, 1962 for approving landing place and specifying limits of Customs area and under Section 45(1) of the Customs Act, 1962 for declaration as "Custodian". 6.1.5. These notifications will be issued only if the Board or the jurisdictional Commissioner of Customs, as the case may be, i .....

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Policy of Guidelines for setting up of Inland Container Depots(ICDs), Container Freight Stations (CFSs) and Air Freight Stations (AFSs) - Customs

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..... ssets including track, rolling stock, etc. as per extant railway rules applicable to such sidings. The cost of the railway staff would be governed as per the prevailing Indian Railway policy. 6.2.6. The custodians should strictly follow any guidelines/directions issued in account of force-majeure of Government of India from time to time. 6.3. Record keeping handling, receipt and storage 6.3.1. For the proper discharge of duties, the custodian shall execute a Bond covering the value of the goods stored in the ICD/CFS with the Assistant/Deputy Commissioner of Customs. The custodian shall ensure that all goods held in the lCD/CFS are adequately covered as per extant circulars issued by the Board. 6.3.2. The custodian shall provide safe, secure and spacious place for loading, unloading and storage of the cargo. 6.3.3. The custodian shall also provide sufficient modern handling equipments in operating condition for handling the cargo in the notified area. 6.3.4. The custodian shall be responsible for the proper receipt, handling, storage and shall be accountable for the loss of imported goods after the landing and before clearance, and also for goods meant for export/transhipment. They .....

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Policy of Guidelines for setting up of Inland Container Depots(ICDs), Container Freight Stations (CFSs) and Air Freight Stations (AFSs) - Customs

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..... e jurisdictional Commissioner of Customs. 7.2. At the time of renewal, the jurisdictional Commissioner of Customs shall satisfy himself about the functioning of the facility including the minimum volume projected at the time of initial proposal. 7.3. The ICDs not meeting the minimum prescribed threshold performance for four consecutive financial years will be considered for de-notification by the Board based on the recommendation of the jurisdictional Commissioner of Customs. As regards CFSs, jurisdictional Commissioner can de-notify the facility if it failed to meet the prescribed minimum threshold performance for four consecutive financial years. In the case of AFSs, the Board may analyze the performance of the facility and may consider the de-notification wherever necessary, based on the recommendation of the Jurisdictional Commissioner of Customs. 7.4 The jurisdictional Commissioner of Customs can order for closure of a facility when requested by a custodian. Such requests should be approved within 6 months subject to clearance of dues of Cost Recovery Charges, disposal of detained/Seized cargo & cases against CCSP if any. Jurisdictional Commissioner will take no dues certi .....

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