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Draft manifest (Vessels) and Conditions of Transhipment Transportation of Goods through Foreign Territory Regulations 2016

News and Press Release - Dated:- 25-11-2016 - BRIEF INTRODUCTORY NOTE: Sea transportation has always been the main mode of transport in the international trade of merchandise goods but over the years it also started playing the significant role in coastal trade. For the compliance of legal requirements under the Customs Act or other Acts, presently different sets of regulations, circulars, instructions such as Import manifest (vessels) Regulations, 1971, Export Manifest (Vessels) Regulations, 19 .....

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t regulations is to provide a comprehensive framework covering all the aspects of movement of cargo including coastal cargo in line with the best international practices. It would provide a simplified and system based platform for all the stakeholders to comply with domestic legal requirements. Further, it would provide a system of ensuring safe and secure transit of the import and export goods within the country by way of IT backed tracking mechanism. Furthermore, it would also provide a proced .....

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territory Regulations, 2016 are placed in public domain so as to invite valuable inputs and comments. The feedback/inputs/comments may be mailed to dircus@nic.in or piyush.bhardwaj@gov.in till 09.12.2016. DRAFT MANIFEST (VESSELS) AND CONDITIONS OF TRANSSHIPMENT, TRANSPORTATION OF GOODS THROUGH FOREIGN TERRITORY REGULATIONS, 2016 In exercise of the powers conferred by section 157, read with section 30, section 41, section 42, section 54, section 56, sub-section (3) of section 98 of the Customs A .....

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tation of goods through foreign territory regulations, 2016. 2. Definition. -In these regulations, unless the context otherwise requires, a) Act means the Customs Act, 1962 (52 of 1962); b) Arrival manifest or the Departure manifest would be deemed to be manifest or the bill of transshipment referred to in the Section 30 or section 41 or section 54 of the Act respectively. c) coastal goods‖ means the goods as defined in the Customs Act; d) coastal goods transited through foreign territory& .....

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Act; g) declarant‖ in the appropriate circumstances means- (i) the person in charge of the vessel in which the goods are imported or transshiped, or his agent, or (ii) a person designated under section 30 of the Act by the Central Government. (iii) Custodian or container liner or rail operator h) designated foreign territory or port‖ for the purposes of these regulations means crossing over into territorial waters of Sri Lanka or Bangladesh whether or not calling at any port in the s .....

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eclarant mentioned at sub-clause (i) or (ii) of sub-regulation (g) of Regulation 2 shall deliver to proper officer electronically- (1) before the arrival of the vessel at the port but not later than departure from last port of call, a General declaration in Form II and an Arrival Manifest cargo declaration in Form IIIA or IIIB as applicable; (2) Upon arrival of the vessel- a. an application for entry inwards in Form I b. vessel s stores list in Form IV; c. list of private property in the possess .....

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iled. 5. Manner of filing Cargo declaration . - (1) The cargo declaration of Arrival Manifest shall be delivered in the following parts as applicable, namely:- Part A: Vessel arriving at an Indian port from a Foreign port:- The declaration by a Vessel arriving at any Indian gateway port from a Foreign port shall be delivered in respect of each of the following categories of cargo in Form IIIA, namely:- Goods to be landed (i) Goods (including unaccompanied baggage) to be landed meant for home cle .....

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unloading or at any Inland Container Depot. (Goods continue to be On-board): (i) Domestic transit goods (ii) Foreign transit goods Explanation 1: Domestic transit goods mean the goods destined for Indian port including ICD/SEZ and to remain on-board at the port where Manifest is to be filed. Explanation 2: Foreign transit cargo means the goods destined for foreign port and to remain on-board at the port where Manifest is to be filed. Part B: Vessel arriving at an Indian Port from an Indian Port .....

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transshipment) B. Export goods C. Coastal goods (including such goods transiting through foreign territory) (Goods continue to be On-board) (i) Imported Goods: a. Domestic transit cargo b. Foreign transit cargo (ii) Export goods. (iii) Coastal goods (including such goods transiting through foreign territory) (2) The details of the cargo (including unaccompanied baggage) to be landed as declared in the respective forms shall be set out in the order of the ports of loading. (3) Delivery of vessel .....

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- a. a cargo declaration in Form VIA & VI B as applicable; b. a vessel s stores list in Form IV, c. a list of private property in the possession of the Master, officers and crew, in Form V, d. any other goods which, under the Customs Act or any other Act for the time being in force is required to be declared to the Customs authorities on the arrival of vessel. (2) In case where the departure manifest cannot be delivered electronically, then the person in charge of the vessel shall deliver t .....

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at the previous ports and remained on-board (i) Imported goods destined for a foreign port (ii) Export goods Part B:. Vessel departing from an Indian Port for an Indian Port directly or via a designated foreign territory or foreign port . (2) The manifest in respect of these goods shall be filed in the Form VIB as the case may be. Goods loaded at the port (i) Imported goods a. Domestic transshipment goods b. Foreign transshipment goods (ii) Export goods (iii) Coastal Goods (including such goods .....

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including such goods transiting through foreign territory) 8. (1)Notwithstanding anything contained in regulations 5 & 7 respectively, the cargo declaration in respect of - (i) arms; (ii) ammunition; (iii) explosives; (iv) narcotics & psychotropic substances; (v) dangerous drugs; (vi) gold; (vii) silver, Irrespective of whether for landing, export, transshipment, or for being carried as same bottom cargo shall be delivered in separate sheets and shall be set out in the order of the ports .....

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under these regulations in the Form VIII to the Jurisdictional Commissioner. Provided for the purposes of these regulations, a single registration obtained at any Customs station would be a sufficient compliance for carrying out the obligations under these regulations at other customs stations. Provided further that a declarant already registered under Import Manifest (Vessels) Regulations, 1971 on or before the date of coming into force of these regulations, shall be deemed to be registered un .....

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e the Principal Commissioner or Commissioner of Customs, as the case may be, is satisfied with the information provided by the applicant in Form VIII mentioned in subregulation (1), he may register such applicant for transacting business under these regulations for a period of two years from the date of issue of such registration. (3) The Principal Commissioner or Commissioner of Customs shall review the registration granted under sub-regulation (2) before the expiry of the initial period of reg .....

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the declarant executes a bond in such form as is prescribed under these regulations, with or without Bank guarantee as prescribed in the sub regulation (2) for the completion of the transshipment of the imported goods or export goods, as the case may be, to the Customs station of destination. (2) The general bond referred to in sub-regulation (1) above shall be equal to the amount of duty involved on the imported goods and ten per cent of value of export goods likely to be transshipped during a .....

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ramme; Provided further that where the transshipment is through a vessel, no bank Guarantee shall be furnished. (3) The notional duty or the bond value for purposes of sub-regulation (2) in the case of transshipment of imported goods or export goods laden container shall be taken notionally as ₹ 500,000/- for a 40 feet container and ₹ 300,000/- for a 20 feet container respectively. (4) Where the transshipment from the port to ICD or vice versa is through a rail route, the responsibil .....

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n. (5) In the case of Less than container load (LCL) cargo on the import side, where the consolidation is done at the port, the responsibility of furnishing the bond and the bank guarantee in respect of movement of the cargo to ICD shall be on the destination custodian. However, in the case of LCL cargo on the export side, where the consolidation is to be done at the port, the responsibility of furnishing the bond and the bank guarantee in respect of movement of the cargo to Port shall be on the .....

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t for export or transhipment or coastal goods, as the case may be, and produce the same to the proper officer as and when required; (b) keep a record of each activity or action taken in relation to the movement or handling of imported or export goods or coastal goods and goods brought for transhipment; (c) display or make available in any other manner, information of process or movement or handling of imported or export goods or coastal goods and goods brought for transhipment; (d) be responsibl .....

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responsible for re-export of hazardous goods where such goods are ordered to be exported back to the exporting country; (h) abide by all the provisions of the Act and the rules, regulations, notifications and orders issued there under; (i) the person in charge of the vessel or his agent shall issue e-delivery orders to the importer, custodian and proper officer of the Customs; (j) publish and display at prominent places including website or webpage of the declarant the schedule of charges for t .....

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provisions of these regulations, suspend or revoke the registration granted to the declarant subject to the observance of procedure prescribed under regulation 12 and also order for forfeiture of security, if any, for failure to comply with any of the provisions of the Act and the rules, regulations, notifications and orders made thereunder; (2) Notwithstanding anything contained in sub-regulation (1), the Principal Commissioner of Customs or Commissioner of Customs may, in appropriate cases wh .....

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ecified in the notice not being less than thirty days, to the Assistant Commissioner or Deputy Commissioner of Customs nominated by him, a written statement of defence and also to specify in the said statement whether the declarant desires to be heard in person by the said Assistant Commissioner or Deputy Commissioner of Customs. (2) On receipt of the written statement from the declarant, or where no such statement has been received within the time-limit specified in the notice referred to in su .....

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