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Treaty of Transit between Government of India and Government of Nepal Procedure for movement of goods in transit through India between Visakhapatnam Port and Nepal - Regarding.

Customs - 14/2016 - Dated:- 3-8-2016 - OFFICE OF THE PRINCIPAL COMMISSIONER OF CUSTOMS CUSTOM HOUSE: PORT AREA VISAKHAPATNAM-530035 F.No. S10/14/2016-Prev Date: 03.08.2016 PUBLIC NOTICE No. 14/2016 Sub: - Treaty of Transit between Government of India and Government of Nepal-Procedure for movement of goods in transit through India between Visakhapatnam Port and Nepal - Regarding. India and Nepal signed a Treaty of Trade and Transit in the year 1999 for providing transit facility to Nepal from Kol .....

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nsit ), with reference to Article VI of the Treaty of Transit, specifies mutually agreed entry-exit points and specifies the routes of transit and procedure to be followed for transit goods to Nepal by Road/Rail. A Detailed procedure for Import/Export clearance for Road and Rail bound Cargo to/from Nepal is specified in the Memorandum to the Protocol of the Transit Treaty between India and Nepal (hereinafter referred to as Memorandum to the Protocol ). 3. Further, Government of India has agreed .....

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istry of Commerce, Government of Nepal for operationalisation of Traffic-in-Transit between Visakhapatnam Port and Nepal. Consequent upon this understanding, it is agreed that the provisions of Treaty of Transit, its Protocol with reference to Article VI of Treaty of Transit and Memorandum to the Protocol signed between Nepal and India on 5th January, 1999, and as renewed thereafter, from time to time, shall apply mutatis-mutandis for traffic-in-transit between Visakhapatnam Port and Nepal with .....

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cargo will be in full rake only. (b) Cost of transshipment if any, will be borne by the consignor/consignee. iii. The existing system of checking would be strengthened for movement of Traffic-in-Transit to/from Visakhapatnam by affixing of an additional one-time lock by Indian Customs, besides the one -time -lock of the shipping agent or the carrier authorized by the shipping company. The serial number of the one-time-lock shall be endorsed in the Customs Transit Declaration (CTD) which will be .....

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apatnam Customs , v. Road Route:- The road routes between Visakhapatnam and Nepal will be as follows: (a) Biratnagar : Road connecting Visakhapatnam-Bhimunipatnam-Srikakulam-Chatrapur-Cuttack-Bhadrak-Baleswar-Kharagpur-Dunlop Bridge-Barrakpore-Krishnanagar-Malda-Raiganj-Dalkola-Purnia-ArariaForbesganj-Jogbani-Biratnagar. (b) Birgunj: Road connecting Visakhapatnam-Bhimunipatnam-Srikakulam-Chatrapur-Cuttack-Deogarh-Gumla-Ranchi-Kodaram-Nawada-Biharsharif-Bakhtiyarpur-GandhiSetu(Patna)-Hajipur-Muza .....

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ces between Visakhapatnam and Birgunj would be governed by the India- Nepal Rail Services Agreement, while transit of goods will be governed by the Treaty of Transit. The Letter of Exchange between India and Nepal shall constitute as addendum to the Clause II of the Protocol to the Treaty of Transit with reference to Article VI of Treaty of Transit between India and Nepal. A. IMPORT PROCEDURE When goods are Imported from third countries for Nepal in transit through India, the following procedure .....

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ve verified that the goods specified in this Declaration and of the quantity and value specified herein have been permitted to be Imported by the Government of Nepal without the requirement of Import Licence or Letter of Credit." Note: The Government of Nepal shall arrange to supply through the Embassy of India at Kathmandu or directly to the Principal Commissioner of Customs, Visakhapatnam, the specimen signature or signatures of official or officials who are authorised to sign Import Lice .....

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ng particulars: (a) Name of the ship, Rotation number and Line number; (b) Name and address of the Importer; (c) Number, description, marks and serial number of the packages; (d) Country of consignment and country of origin, if different; (e) Description of goods; (f) Quantity of goods; (g) Value of goods; (h) Import Licence number and date; (i) Letter of credit number, date and name and address of issuing bank; (j) Route of transit (one of the mutually agreed routes); and (k) A declaration at t .....

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overnment of Nepal, wherever such Licence is issued, and a copy of the letter of credit, authenticated by the Jurisdictional Nepalese Consulate in India or the issuing Bank, shall be presented to the Custom House. The copy of the Import Licence and the Letter of Credit so presented shall be examined by the Custom House, Visakhapatnam against the copy of the Import Licence and/or the statement of particulars of the Letter of Credit received directly from the Government of Nepal. No other addition .....

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onal One Time Seal (OTL) in all Nepalese Traffic-in-Transit and the seal serial number will be endorsed in the Customs Transit declaration and the same will be verified at the Land Customs Station or at the Border railway station, as the case may be. Thereafter the Customs officer shall allow transportation of the containerised cargo, without examination, unless there are valid reasons to do otherwise. (ii) In case where the One Time Seal (OTL) on the container arriving at the seaport in India i .....

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ner provided below:- (a) Arms, ammunition and hazardous cargo shall not be transported by road. NOTE: (1) With reference to hazardous cargo, exception can be permitted as shall be mutually agreed. (2) Petroleum products, chemical fertilizers and industrial alcohol shall be allowed to be transported by road, subject to compliance with fire, safety and other statutory requirements. (b) Sensitive goods for Imports, as specified by the Government of India from time to time with prior intimation to t .....

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r such legally binding undertaking (Annexure-B) to the satisfaction of the Principal Commissioner of Customs, Visakhapatnam, and letter of authority (Annexure-C) in the manner indicated below:- (a) Goods moving by rail up to the border shall be covered by an insurance policy or a bank guarantee (Annexure-D), at the option of the Importer, for an amount equal to the Indian Customs duties (including anti dumping duty and safeguard duty wherever applicable) on such goods. This insurance policy or b .....

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eguard duty wherever applicable) on such goods. This insurance policy or bank guarantee shall be assigned to the Principal Commissioner of Customs, Visakhapatnam, and the amount shall become payable to Principal Commissioner in the event of the goods not reaching Nepal. In addition, Nepal Transit and Warehousing Company Ltd. or Nepal Transport Corporation, as the case may be, shall give an undertaking to the Principal Commissioner of Customs, Visakhapatnam, to pay the difference between the mark .....

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et value is being calculated at a flat rate of 1.75 times of C.I.F. value declared by the Importer on the CTD. The insurance policy or bank guarantee shall be assigned to the Principal Commissioner of Customs, Visakhapatnam, and the amount shall become payable to the Principal Commissioner in the event of the goods not reaching Nepal. (d) The insurance policy shall be obtained by the Importer from an insurance company authorised to do business in India on such terms and conditions, to the satisf .....

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ndertaking as the case may be in addition to the antidumping duty and safeguard duty if applicable except, for the commodities where the Customs duty is 100% or nearby it viz., Betelnut, Spices (cardamom, cloves, cassis etc.), liquor, cigarettes etc. In the case of transit of all such commodities where the rate of duty is higher than normal peak rate, the Insurance coverage/Undertaking will cover the admissible amount of Customs duty in addition to anti dumping duty and safeguard duty if applica .....

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, Indian Railways shall, where liable as carriers under the Indian Railways Act, pay the C.I.F. price to the Importer. 3. When the Customs Transit Declaration, duly endorsed and authenticated, both by the border Land Customs Stations in India and Nepal, is received at the corresponding Indian border Land Customs Station within the prescribed period, it will be accepted as an evidence that goods have reached Nepal. 4. The expression "Indian Customs duties" wherever it appears in the Tre .....

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id, on demand, to the Principal Commissioner of Customs, Visakhapatnam, in the event of the goods not reaching Nepal. Further they have to submit a letter of authority (as prescribed in Annexure C), Income Tax registration certificate and Registration Certificate issued by the Department of Commerce, Government of Nepal. Market value is being ascertained at a flat rate of 1.75 times of C.I.F. value declared by the Importer on the C.T.D. 8. The Principal Commissioner of Customs, Visakhapatnam, sh .....

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he six copies of the Customs Transit Declaration. The original copy shall be handed over to the Importer. Quadruplicate copy will be retained by the Custom House. The remaining copies will be sent to Docks for release of the goods. The Docks officers after making necessary verifications and endorsements shall sent duplicate and triplicate copies by post to the Indian Customs officer at the border. In order to avoid delay in postal transmission, duplicate and triplicate copies of the Customs Tran .....

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nd vehicle number. 10. In case of any suspicion of pilferage, traffic-in-transit shall be subject to checks by the Indian Customs during the period that they are in transit, as may be necessary, particularly at the point of railway transshipment from broad-gauge to meter-gauge. b) Procedure at Land Customs Station(India) 11 On arrival of the containerised cargo at the border Land Customs Station or at the border railway station, as the case may be, the following examination procedure will be fol .....

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asons to do otherwise. (ii) In case where the One Time Seals (OTL) of the container is found broken or defective, the Indian Customs authorities posted at the Land Customs Station or the railway station, as the case may be, shall make due verification of the goods to check whether the goods are in accordance with Customs Transit Declaration and conform to the Import Licence, wherever such Licence is issued, and the letter of credit. (iii) If, on verification, the goods are found in accordance wi .....

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sit Declaration. 12. On arrival of traffic- in-transit mentioned at paragraph 11 above at the border Land Customs Station or at border railway station, as the case may be, the Importer shall present the original copy of the Customs Transit Declaration duly endorsed by the Indian Customs House of entry, to the Indian customs officer at the border Land Customs Station, who shall compare the original copy with the duplicate and triplicate received by him and will, after satisfying himself as regard .....

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is an Indian Customs officer posted right at the border, such officer will certify on the copies of the Customs Transit Declaration that goods have crossed into Nepal. The Indian Customs officer shall then hand over the original copy of the Customs Transit Declaration to the Importer, send the duplicate to the Indian Custom House at the port of entry, send the triplicate to the Nepalese Customs officer at the corresponding Nepalese post and after it is received back duly endorsed by the Nepales .....

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end the triplicate copy of Customs Transit Declaration to the Nepalese Customs officer at the corresponding Nepalese post only after release of the entire consignment as covered by the Customs Transit Declaration. 14. In cases where the duplicate and triplicate copies of the Customs Transit Declaration are not received at the Customs office of that the Indian Customs office of exit, the Indian Customs officer will, by telephonic/e-mail or other quick means of communication with the Customs offic .....

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ects with the particulars shown in the Declaration and in all material respects with the Nepalese Import Licence and the letter of credit, wherever required or opened, as the case may be, and that the goods have been cleared from the Nepalese Customs custody for entry into Nepal. (ii) hand over, under acknowledgement, duly endorsed and authenticated original copy of the Customs Transit Declaration to the Importer, who will present it to the corresponding Indian border Land Customs Station under .....

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Land Customs Station. (iii) send the triplicate copy of the Customs Transit Declaration duly endorsed directly to the corresponding Indian border land customs station. (iv) endeavour to send a fax/e-mail communication on a daily basis to the Principal Commissioner of Customs, Visakhapatnam, giving the number and date of the Customs Transit Declarations received by him on the day confirming that the goods covered by those Customs Transit Declaration have been received in Nepal. These particulars .....

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-mail message will be followed by a post copy in confirmation. The Indian border Land Customs Station will also forward the triplicate of the duly endorsed copy of the Customs Transit declaration on a daily basis to the Principal Commissioner of Customs, Visakhapatnam by Speed Post. The flow of communication (Fax/e-mail) with regard to imports is as follows: a) Immediately after dispatch of the goods on transshipment to Nepal Custom House Visakhapatnam -LCS (India) & LCS (Nepal) b) Immediate .....

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the border shall furnish the following certificate on the Customs Transit Declaration; "I have verified that the goods specified in this Declaration and of the quantity and value specified herein have been permitted to be exported under Licence number…………….. dated………………… (wherever issued) and under letter of credit number ……………… dated ………… .....

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ian Customs officer at the border Land Customs Station (LCS) through which the goods are to enter India, a Customs Transit Declaration containing the following particulars : (a) Name and address of the exporter; (b) Number, description, marks and serial number of the packages; (c) Country to which consigned; (d) Description of goods; (e) Quantity of goods; (f) Value of goods; (g) Export Licence number and date; (h) Country of origin of the goods; (i) Letter of Credit number, date and name and ad .....

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e 3. The Customs Transit Declaration shall be made in quadruplicate. All copies along with invoice, packing list and a copy of the letter of credit, authenticated by the concerned Nepalese bank, shall be presented to the Indian Customs officer at the entry point. No additional document will be asked for by the Indian customs, except when considered necessary for clearance of any specific goods. 4. (a) For the containerized goods, the Indian customs authorities at the point of entry into India sh .....

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r arriving at border Land Customs Station in India is found broken or defective, the Indian Customs authorities shall make due verification of the goods to check whether the goods are in accordance with the Customs Transit Declaration and shall put fresh One Time Seal (OTL) and allow the container to move to the destination. The serial number of the new One Time Seal (OTL) shall be endorsed in the Customs Transit Declaration. (b) The Indian Customs officer at the point of entry into India shall .....

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e with prior intimation to Government of Nepal, shall be transported from the Indian Customs border post to Visakhapatnam port in closed containers (to be provided by the exporter) which can be securely locked. The containers shall be locked and duly sealed after the examination by the border Customs officer. 6. After the Indian Customs authorities at the border Land Customs Station are satisfied as regards the checks contemplated in the preceding paragraphs, it shall endorse all the copies of t .....

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so desires. This facility shall, however, be denied to the exporter who defaults in the production of these documents within a reasonable time. 7. The sensitive goods for export (Annexure A), as specified by the Government of India from time to time with prior intimation to Government of Nepal, shall be covered by an insurance policy and/or such legally binding undertaking to the satisfaction of the concerned Commissioner of Customs in the manner indicated below: (a) Goods moving by rail up to t .....

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rporation shall be covered by an insurance policy or a bank guarantee, at the option of the exporter, for an amount equal to the Indian Customs duties on such goods. This insurance policy or bank guarantee shall be assigned to the concerned Commissioner of Customs, and the amount shall become payable to the concerned Commissioner in the event of the goods not reaching Visakhapatnam Customs. In addition, Nepal Transit and Warehousing Company Ltd. or Nepal Transport Corporation, as the case may be .....

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ket value of the goods in India and their CIF value. This insurance policy or bank guarantee shall be assigned to the concerned Commissioner of Customs having jurisdiction over the Land Customs Station and the amount shall become payable to the concerned Commissioner in the event of the goods not reaching Visakhapatnam Customs. (d) The insurance policy shall be obtained by the exporter from an insurance company authorised to do business in India on such terms and conditions, to the satisfaction .....

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undertaking or a further undertaking, as the case may be, is given by Nepal Transit and Warehousing Company Ltd. or Nepal Transport Corporation in lieu thereof. 2. In the event of goods carried by rail not reaching the booked destination, Indian Railways shall, where liable as carriers under the Indian Railways Act, pay the C.I.F. price to the exporter. 3. When the Customs Transit Declaration, duly endorsed and authenticated by the Visakhapatnam Customs, is received at the concerned border Land .....

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erned Commissioner of Customs, in the event of the goods not reaching Visakhapatnam Customs. 9. The concerned Commissioner of Customs shall provide to the concerned department of Government of Nepal, from time to time, details of cases where the goods, including those goods which have not been insured, do not appear to have reached Visakhapatnam Customs. The Government of Nepal shall thereupon carry out inquiries and make all possible efforts to ensure that the concerned persons pay the dues to .....

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orter shall present the original copy of the Customs Transit Declaration duly endorsed by the Indian border Land Customs Station to the Customs House. This copy shall be compared by the Customs House with the duplicate and triplicate received from the Indian border Land Customs Station. In case of goods which have moved under seals and locks, the Customs House shall check the seals and locks and where there is suspicion that they have been tampered with, will examine the goods to identify them w .....

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al to the exporter and send the triplicate copy to the Indian border Land Customs Station and retain the duplicate. d) Flow of Communication 12. The Custom officer at the concerned border Land Customs Station shall send fax/e-mail communication on a daily basis to the Principal Commissioner of Customs, Visakhapatnam, giving details of the export goods dispatched vide Customs Transit Declaration. The fax/e-mail message will be followed by a post copy in confirmation. The Custom House, Visakhapatn .....

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House Visakhapatnam c) Immediately after shipment of the goods covered under CTD. Custom House Visakhapatnam -LCS(India) & LCS(Nepal) 13. The Nepalese export cargo not shipped due to valid reasons will be permitted to be returned to Nepal according to the procedure applicable for the Nepalese Import cargo. 14. The above procedures are to be followed with immediate effect and until further orders. -sd- (C.RAJENDIRAN) PRINCIPAL COMMISSIONER OF CUSTOMS ANNEXURE-A List of Sensitive items of Imp .....

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utical bulk drugs and formulations 11. Betel Nut 12. Oxytetracycline 13. RBD Palmolein, Coconut oil, Oil/fat of animal origin 14. Plastics (HDPE/LDPE/LLDPE/PP Granules and Films 15. Ferrous and Non-Ferrous Scrap List of Sensitive items of Export Goods 1. Negative list of articles not allowed preferential entry into India under the industry safety trade(Presently Alcoholic liquors/beverage and other concentrates except industrial spirits, perfumes and cosmetics with non Nepalese/Indian Brand name .....

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executors, administrators & legal representative) an/are held and firmly bound upto the President of India hereinafter called the President (which expression shall include his successors and assigns) in the sum of Rs…………………………..(MVCIF) (Rupees………………………………..) to be paid to the President for which payment well and truly to be made. I/We bind .....

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the Protocol to the Treaty of Transit between Nepal and India-1999(hereinafter referred to as Treaty). CTD No. and Date Importers Name and Address. Vessel name/Rot. No./Line No. Description of the goods and quantity, CIF value and M.V.. Amount payable in terms of para 9A of the Treaty as above, (MV-C.I.F.) NOW THE CONDITION of the above written undertaking in such that:- 1). The Importer shall pay the amount equal to the difference between the market value of the goods in India and their CIF val .....

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terms of para 9A in the manner prescribed under para 9A and 9B of the Import procedure under the Memorandum to the Protocol to the Treaty of the Transit between Nepal and India effective from 6th Januray, 1999 and/or by other laws enforaceable, if any. IN WITNESS WHERE OF the Importer has herein set and subscriber its hands and seals the date, month and year first above written. SIGNED AND DELIVERED by and On behalf of the Importer it: …………………&hel .....

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ed M/s…………………………….....(CHA s name & full address) to clear the goods under B/L No………….. dated…….& L/C No………………. dated ……………, Ex. S.S……………….and to forward the goods to destination by Road. 2. I*…………………&hell .....

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of the Memorandum to the Protocol to the Treaty of Transit between Nepal and India dated 06.01.1999. 3. I herby undertake to pay the amount equal to the difference between the market value of the goods in India and their C.I.P. Value on demand to the Principal Commissioner of Customs, Visakhapatnam, in the events of the goods not reaching Nepal. 4. The President through the Assistant Commissioner of Customs will recover the amount as specified in Para 3 above in terms of para 9A & 9B of the .....

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ident of India acting through the Assistant Commissioner of Customs for Custom House, Port Area,Visakhapatnam-530 035, Ministry of Finance, Department of Revenue, Government of India(hereinafter referred to as the Govt.) has agreed to allow transit of goods described in the schedule below Imported by M/s…………………………….(Full expended name of the Importer with complete address) hereinafter referred to as Importer in terms of .....

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me and full address of the bank) (hereinafter referred to as the Bank) at the request of the Importer do hereby unconditionally and irrevocably undertake to pay Government an amount not exceeding Rs…………………..(in figures)(Rupees…………………………………..0nly) in the event of the goods not reaching Nepal in terms of Para-9 of the Importer procedure of Memorandum to the Pr .....

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the amount due and payable by the bank under this present. 3. We undertake to pay to the Government any money so demanded not with standing any dispute or disputes raised by the Importer in any suit or proceeding pending before any Court or Tribunal relating thereto and our liability under these presents being and unequivocal. 4. That this guarantee shall remain in force for one year from the date of issue i.e………………………..and shall be .....

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