TMI BlogDraft - Regulations for Courier imports and exports through electronic declaration and processing in specified Customs stations - regarding.X X X X Extracts X X X X X X X X Extracts X X X X ..... It also covers the procedure for clearance of imported or export goods, the responsibilities of the authorised couriers engaged in such activities. 3. The CBEC solicits views, comments and suggestions on the draft regulation from the trade and industry associations, departmental officers and from all other concerned. The views, comments and suggestions to the draft regulations may please be sent to the O.S.D. (Customs), Room No.227-B, North Block, New Delhi - 110 001 or on Fax No.(011) 23092173 or at E-mail I.D: uscusiii@nic.in latest by 11.5.2009. (M.M. Parthiban) Director (Customs) Tel: 23093908 Fax: 23092173 To All Concerned. DRAFT REGULATIONS (To elicit response/Comments only) The Central Board of Excise Customs (CBEC) solicits views, comments and suggestions on the Draft Regulations, from the trade and industry associations, departmental officers and others. The views, comments and suggestions to the draft Regulations may please be sent to the O.S.D.(Customs), Room No.227-B, North Block, New Delhi - 110 001 or on Fax No. (011) 23092173 or at E-mail I.D.: uscusiii@nic.in latest by 11.05.2009. Disclaimer:- These Draft Regul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the value of the consignment is above Rupees twenty five thousand and transaction in foreign exchange is involved. Provided that the limit of Rupees twenty five thousand as provided in this sub-clause shall not apply to such export consignments where the G.R. Waiver or specific permission has been obtained from the Reserve Bank of India. 3. Definitions- (1) In these regulations, unless the context otherwise requires - (a) "Act" means the Customs Act, 1962 (52 of 1962); (b) "Authorised Courier" in relation to imported or export goods means a person engaged in the international transportation of time-sensitive documents or goods on door-to-door delivery basis and is registered in this behalf by a Commissioner of Customs in charge of a Customs airport which has been notified for applications of these regulations; (c) "documents" include any message, information or data recorded on paper, cards or photographs and of no commercial value which is for the time being not liable to any customs duty or subject to any prohibition or restriction on their export out of or import into India; (d) "samples" means any bonafide commercial samples and prototypes of goods supplied ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... goods imported by him, in an electronic declaration, by presenting to the proper officer a bill of entry in Form Courier Bill of Entry-XI (CBE-XI) for documents or as the case may be in Form Courier Bill of Entry-XIV (CBE-XIV) for goods, appended to these regulations: Provided that in respect of import of gifts and samples which are exempted from the duties of customs under a notification issued by the Government in terms of section 25 of the Act, for the time being in force, and the weight of individual consignment of such gifts and samples is not exceeding 3 Kilograms, the entry of goods shall be made in the Form Courier Bill of Entry-XII (CBE-XII) appended to these regulations. (4). The authorised courier shall present all the imported goods brought by them or by their agent, to the proper officer for examination and assessment thereof. (5) Any imported goods which are not taken clearance after the expiry of a period of thirty days of its arrival, shall be detained by the Customs and shall be sold or disposed of by the person having custody thereof, after issuing a notice to the Authorised Courier and to the declared importer, if any, and the charges payable for storage an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... horised Courier shall disclose to the satisfaction of the Commissioner of Customs that he is financially viable and in support thereof he shall produce to the said Commissioner of Customs a certificate issued by a scheduled bank or such other proof acceptable to the Commissioner of Customs evidencing possession of assets of a value not less than twenty five lakh rupees. (2) The declarations referred in regulation 5(3) and 6(3), for clearance of imported or export goods shall be made by the persons duly authorised under section 146 of the Act. (3) The applicant shall undertake to comply with the provisions and abide by all the provisions of the Act and the rules, regulations, notifications and orders issued thereunder. 9. Scrutiny of application - On receipt of application for registration under regulation 7, the Commissioner of Customs, may make enquiries for verification of the particulars set out in the application and also such other enquiries as the Commissioner of Customs may deem necessary for such registration including enquiries about the identity, bonafides and reputation of the applicant. 10. Registration - (1) If on scrutiny of the application filed b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... years and may extend such registration to a further period of five years at a time. Provided that the Commissioner of Customs, for reasons to be recorded in writing, may order for review of the registration granted to any authorised courier before the completion of the period of registration. 11. Execution of bond and furnishing of security - The Commissioner of Customs shall require the applicant to enter into a bond in such form with a security of ten lakhs rupees in case of major international airports of Mumbai, Delhi, Calcutta and Chennai and five lakhs rupees in case of other airports in the form of cash deposit or bank guarantee in the name of the Commissioner of Customs for complying with the provisions of the Act and the rules and regulations made thereunder. The condition of the said bond shall also be that the applicant shall agree to pay the duty, if any, not levied or short levied, with interest if applicable on any goods taken clearance by the Authorised Courier if the opinion of the Assistant Commissioner of Customs or Deputy Commissioner or Customs the same cannot be recovered from the importer or the exporter. 12. The Authorised Courier who has been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... them for inspection to the Assistant Commissioner of Customs or an officer authorised by him, wherever required; and (viii) abide by all the provisions of the Act and the rules, regulations, notifications and orders issued thereunder. 14. Suspension or revocation of Registration of authorised courier - (1) The Commissioner of Customs may revoke the registration of an Authorised Courier and also order forfeiture of security on any of the following grounds namely:- (a) failure of the Authorised Courier to comply with any of the conditions of the bond executed by him under regulation 11; (b) failure of the Authorised Courier to comply with any of the provisions of these regulations or the provisions of the Act and the rules and regulations made thereunder; (c) misconduct on the part of Authorised Courier whether within the jurisdiction of the said Commissioner or anywhere else, which in the opinion of the Commissioner renders him unfit to transact any business in the Customs Station. Provided that no such revocation shall be made unless a notice has been issued to the Authorised Courier information him the grounds on which it is proposed to revoke the registration and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n is required. 3) Existing Authorized Courier Registration No.(s), date Customs Station, if any. 4) Permanent Account No. (PAN No.) 5) Constitution of Business: (Specify whether Proprietorship, Partnership, Public Ltd. / Private Ltd. Company Others.) 6) Registered Office address: (Complete details of the following to be provided: Flat /Building/Plot No., Name of premises / Building, Road / Street Name, Locality, City, State, Pin code No., Telephone Nos., Fax No., Email Address) 7) Name and Residential Address of the Proprietor, Partners of the partnership firm, of Directors of the Company or the persons in charge in case of other category, as the case may be: (Complete details of the following to be provided: Flat /Building/Plot No., Name of premises / Building, Road / Street Name, Locality, City, State, Pin code No., Telephone Nos., Fax No., Email Address). 8) Name, designation, residential address and educational qualification / knowledge of Customs law procedure of duly authorized signatory and employees who will actually be engaged in work of Authorized courier (Complete details of the following to be provided: Flat /Building/Plot No., Name of premise ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rsigned hereby intimate the following details for functioning as an authorised courier under the Courier Imports and Exports (Electronic Declaration and Processing) Regulations, 2009: This application is for i) Form of Intimation for working as Authorised Courier at a Custom House other than Customs House of Registration ii) Amendment to information pertaining to Existing Intimations 1) Name of the Authorized Courier. 2) Custom House where PAN-based Registration of Authorised Courier was issued under Regulation 7(1) (Name and place) 3) Name of Customs House where intimation is required. 4) Existing Authorized Courier Registration Nos, date Customs Station, if any. 5) Permanent Account Number (PAN No.). 6) Constitution of Business (Specify whether Proprietorship, Partnership, Public Ltd / Private Ltd. Company Others.) 7) Registered Office address: (Complete details of the following to be provided: Flat /Building/Plot No., Name of premises / Building, Road / Street Name, Locality, City, State, Pin code No., Telephone Nos., Fax No., Email Address). 8) Name and residential address of the Proprietor, Partners of the partnership firm, of Directors of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ture and name of the applicant(s) or authorised signatory Place: *** FORM ECM - Import [see Regulation 5(1)] Express Cargo Manifest - Import (ECM-I) (Electronic Filing) S. No. Description Details 1 Courier Registration Number 2 Name and address of the Authorized Courier 3 Name and address of the on-board courier, wherever applicable. 4 Import General Manifest Number 5 Name of the airlines 6 Airport of arrival 7 Flight No. 8 Date of arrival 9 Time of arrival 10 Airport of shipment 11 Shipment/Consignment-wise Details: MAWB No. HAWB No. Consignment Reference Note (CRN) No. Number of packages / pieces / bags / ULDs Weight (in Kgs.) (1) (2) (3) (4) (5) 11 Shipment/Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of arrival 9 Airport of shipment 10 Country of Exportation 11 HAWB No. 12 CRN No., wherever applicable. 13 No. of items included in HAWB 14 Unique Consignment Reference No. 15 Name and address of consignor 16 Name and address of consignee 17 Import Export Code of consignee/importer 18 IEC Branch code 19 Category of importer 20 Category of Courier Bill of Entry 21 Bill of Entry No. date 22 Class Code (New / split / post / apart) 23 Type of Bill of Entry 24 Special request 25 Item-wise Details: Licence Type License No. Bond details Details of multiple invoices Details of purchase order terms of payment (1) (2) (3) (4) (5) 25 Item-wise Details (continued): CTSH ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssion of Bill of entry. Declaration (i). I/We hereby declare that I/we have obtained the authorization from each of the consignees mentioned above to act as an agent for the clearance of the goods described above. (ii) I/We hereby declare that I/we have not received any other documents or information showing a different price, value, quantity or description of the said goods and that if at any time hereafter. I/we receive any documents from the importer showing a different state of facts I/we will immediately make the same known to the Commissioner of Customs. (iii) I/We hereby declare that the contents of this Bill of Entry are true, correct and complete in every respect and are in accordance with the airway bills, the invoices and other documents attached herewith. (iv) I/We enclose herewith _____(number) of airway bills and _______(number) of invoices for the aforesaid consignments with this Bill of Entry. Date: Signature and name of the authorised courier Place: DECLARATION (To be signed by the importer) 1. * I / We declare that the contents of invoice(s) No.(s)__________ dated________ of M/s______________ and of other documents rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 14 Name and address of the consignee 15 IEC Code 16 IEC Branch Code 17 No. of items included in HAWB 18 Item-wise Details: CTH Nature of shipment (Gifts / Samples) Country of origin Description of goods Name address of manufacturer (1) (2) (3) (4) (5) 18 Item-wise Details (continued): No. of packages Marks and number of packages Unit of measure Quantity Invoice No. (6) (7) (8) (9) (10) 18 Item-wise Details (continued): Invoice value Invoice currency rate of exchange Assessable value in Rs. (As per section 14 of the Customs Act, 1962) Notification type Notification No. date (11) (12) (13) (14) (15) (16) Sl. No. List ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and other documents presented herewith are complete, correct and true, in every respect. Date: Signature and name of the authorised courier Place: Form Courier Shipping Bill - III (CSB - III) [See regulation 6(3)] Courier Shipping Bill for Documents (Electronic Filing) S. No. Description Details 1 Courier Registration Number 2 Name and address of the Authorized Courier 3 Name of the airlines 4 Airport of departure 5 Flight No. 6 Date of departure 7 Time of departure 8 Airport of destination 9 Customs Department's Sl.No. date 10 Expected date of landing at destination 11 Airway Bill-wise information: (a) MAWB No. (b) No. of HAWBs included in this MAWB (c) HAWB No. (d) Number of bags / packages / pieces / ULD (e) Weight (In KGs) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of bags / packages / pieces / ULD (1) (2) (3) (4) 11 Shipment / consignment-wise information (continued): Weight (In KGs) Value Name and address of the consignor Name and address of the consignee (5) (6) (7) (8) Declaration I/We hereby declare that I/we have obtained the authorization from each of the consignors mentioned above to act as an agent for the clearance of the goods described above. I/We hereby declare that the goods for export as per this Shipping Bill include only bona fide commercial samples, prototypes of goods and bona fide gifts of articles for personal use of a value not exceeding Rs.25,000/- in a financial year and which are for the time being not subject to any prohibition or restriction on their export from India and no transfer of foreign exchange is involved. I/We enclose herewith __________(number) of airway bills and ________ (number) of invoices for the aforesaid consignments with this shipping bills. I/We hereby declare th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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