TMI BlogMakes Courier Imports and Exports (Electronic Declaration and Processing) Regulations, 2010X X X X Extracts X X X X X X X X Extracts X X X X ..... by an Authorised Courier by air, on behalf of a consignee or consignor at such Customs airports and in such form and to such extent, as the Board may, by notification, declare for the purposes of these regulations in this behalf. (2) These regulations shall not apply to: (a) the following imported goods requiring testing of samples thereof or reference to the relevant statutory authorities or to experts before their clearance, namely:- (i) animals and parts thereof, plants and parts thereof; (ii) perishables; (iii) publications containing maps depicting incorrect boundaries of India; (iv) precious and semi-precious stones, gold or silver in any form; (b) import or export of goods under any export promotion scheme other than Export Oriented Unit (EOU) scheme and similar schemes referred to in Chapter 6 of the Foreign Trade Policy 2009-14 . (c) the following export goods, namely:- (i) the goods which are subject to levy of any duty on their exports; (ii) goods where 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 su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bmission of any information, is carried out; (2) The words used and not defined in these regulations but defined in the Act shall have the meanings respectively assigned to them in that Act . 4. Packing of goods to be imported or exported by courier.- (1) For the purposes of these regulations, the imported or export goods shall be packed separately for documents and goods. (2) Imported or export goods shall bear a declaration from the sender or consignor regarding the contents of each of the packages and the total value thereof. 5. Clearance of imported goods.- (1) The Authorised Courier or his agent shall file, in an electronic form, a manifest for imported goods prior to its arrival, with the proper officer the Express Cargo Manifest - Import (ECM-I) in Form A; (2) (a) The Courier packages containing the imported goods shall not be dealt with in any manner except as may be directed by the Commissioner of Customs; (b) No person shall, except with the permission of proper officer, open any packages of imported goods. (3) The Authorised Courier or his agent who has passed the examination referred to in regulation 8 or regulation 19 of the Customs Hous ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Courier shall present the export goods to the proper officer, in such manner as to the satisfaction of the proper officer or as per instructions issued by the Board or Public Notice issued by Commissioner of Customs, from time to time, for inspection, screening, examination and assessment thereof. (5) Any export goods brought into customs area for export purpose and have not been exported within seven days of arrival of such goods into such area or within such extended period as permitted by the proper officer in case of delay due to such reasons which the proper officer considers to be beyond the control of the concerned Authorised Courier and declared exporter, may be detained by the proper officer and sold or disposed off by the person having custody thereof, after issuing notice to the concerned Authorised Courier and declared exporter provided the charges payable, for storage and handling of such goods are paid by such Authorised Courier. 7. Application for registration of Authorised Courier. - (1) Every person intending to operate as an Authorised Courier shall make an application in the Form-I to the Commissioner of Customs having jurisdiction over the Customs air ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns in a Customs airport, shall be considered as an Authorised Courier registered for the purpose of these regulations only on compliance of the conditions stipulated in regulation 8 . (4) The Authorised Courier referred to in sub-regulation (3) shall comply with the conditions within a period which shall not exceed a period of three months: Provided that the Commissioner of Customs may extend the said period which shall not exceed a period of nine months. Provided further that nothing contained in this sub-regulation shall apply in respect of condition prescribed under sub-regulation (2) of regulation 8 . (5) The registration granted under sub-regulation (3) shall be valid for a period of ten years. (6) The Commissioner of Customs may, if he finds that the applicant has been convicted in any court of law, or any criminal proceedings are pending before any court of law against the applicant, reject an application filed for registration of Authorised Courier. (7) The Authorised Courier, who is registered under sub regulation (1) or sub regulation (3), shall transact business in other Customs airports within the country subject to an intimation, as specified in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the effect that the Authorised Courier may act as agent of such consignee or consignor, as the case may be, for clearance of such imported or export goods by the proper officer; (ii) file electronic declarations, for clearance of imported or export goods, through a person who has passed the examination referred to in regulation 8 or regulation 19 of the Customs House Agents Licensing Regulations, 2004 and who are duly authorised under section 146 of the Act ; Provided that a transition period of six months from the date of publication of these regulations shall be allowed to the Authorised Courier for fulfillment of the obligation. (iii) advise his consignor or consignee to comply with the provisions of the Act , rules and regulations made thereunder and in case of non-compliance thereof, he shall bring the matter to the notice of the Assistant Commissioner of Customs or Deputy Commissioner of Customs; (iv) verify the antecedent, correctness of Importer Exporter Code (IEC) Number, identity of his client and the functioning of his client in the declared address by using reliable, independent, authentic documents, data or information; (v) exercise due dilige ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Provided further that, in case the Commissioner of Customs considers that any of such grounds against an Authorised courier shall not be established prima facie without an inquiry in the matter, he may conduct an inquiry to determine the ground and in the meanwhile pending the completion of such inquiry, may suspend the registration of the Authorised Courier: Provided also that if no ground is established against the Authorised Courier, the registration so suspended shall be restored. (2) Any Authorised Courier or the officer of the Customs authorised by the Chief Commissioner of Customs in this behalf, if aggrieved by the order of Commissioner of Customs passed under sub-regulation (1), may represent to the Chief Commissioner of Customs in writing against such order within sixty days of communication of the order to the Authorised Courier, and the Chief Commissioner of Customs shall, after providing the opportunity of being heard to the parties concerned, dispose of the representation as expeditiously as may be possible. 14. Penalty. - An Authorised Courier, who contravenes any of the provisions of these regulations or abets such contravention or who fails to c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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