TMI BlogRegistration of Shipping Lines, Freight Forwarders and Non vessel operating common carrier (NVOCC) and other members of Trade and Industry which are covered under “Handling of Cargo in Customs Areas Regulations, 2009”X X X X Extracts X X X X X X X X Extracts X X X X ..... 2010- Cus. (N.T.) dated 12-11-2010, 43/2012-Cus. (N.T.) dated 16-05-2012, 104/2012-Cus. (N.T.) dated 16/11/2012, 115/2016-Customs (N.T.) dated 26.08.2016, 24/2017- Customs (N.T.) dated 31.03.2017 and 29/2019 dated 01.04.2019 issued by CBIC. Henceforth, the said regulations is known as Handling of Cargo in Customs Area (Amendment) Regulation (HCCAR), 2019 dated 01.04.2019 vide Notification no 29/2019 dated 01.04.2019 issued by CBIC. The regulations contain provisions laying down the manner in which the imported goods/export goods shall be received, stored, delivered or otherwise handled in a custom area and also prescribe the responsibilities of persons engaged in the aforesaid activities. 2. According to Regulation 2(b) of said regulation Customs Cargo Services provider means any person responsible for receipt, storage, delivery, dispatch or otherwise handling of imported goods and export goods and includes a custodian as referred to in section 45 of the Act and persons as referred to in sub-section (2) of section 141 of the said Act. 3. Application.- These regulations shall be applicable to the handling of imported and export goods in ports, airports, inland container ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laimed or abandoned cargo; (m) facilities for installation of scanning equipment; (n) security and access control to prohibit unauthorized access into the premises, and (o) such other equipment or facilities as the Board or Principal Commissioner of Customs or Commissioner of Customs, as the case, may specify having regard to the screening, examination, custody and handling of imported or export goods in a customs area; (ii) safe, secure and spacious premises for loading, unloading, handling and storing of the cargo for the projected capacity and for the examination and other operations as may be required in compliance with any law for the time being in force; (iii) insurance for an amount equal to the average value of goods likely to be stored in the customs area based on the projected capacity, and for an amount as the Commissioner of Customs may specify having regard to the goods which have already been insured by the importers or exporters. (2) Undertake to bear the cost of the Customs officers posted, at such customs area, on cost recovery basis, by the Commissioner and shall make payments at such rates and in the manner prescribed, unless specifically exempt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (b) keep a record of each activity or action taken in relation to the movement or handling of imported or export 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 and goods brought for transhipment; (d) demarcate separate areas for unloading of imported goods for their storage with respect to the category of importers, nature of goods, place of destination, mode of transportation or any other criterion as the Commissioner of Customs may specify having regard to the custody and handling of imported goods in a customs area; (e) demarcate separate areas for loading of export goods for their storage with respect to categories of exporters, nature of goods, examined and sealed containers or other criterion as the Commissioner of Customs may specify having regard to the custody and handling of export goods in a customs area; (f) not permit goods to be removed from the customs area, or otherwise dealt with, except under and in accordance with the permission in writing of the Superintendent of Customs or Appraiser; (g) not permit any export cargo to enter t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r manner transfer any of the premises in a customs area; or sub contract or outsource functions permitted or required to be carried out by him in terms of these regulations to any other person, without the written permission of the Commissioner of Customs. (3) The Customs Cargo Service provider shall publish and display at prominent places including website or webpage of the Customs Cargo Service provider the schedule of charges for the various services provided by him in relation to the imported goods or export goods in the customs area. 7. Power to relax and regulate: (1) if the Commissioner of Customs is satisfied that in relation to the custody and handling of imported or export goods in a customs area, the Customs Cargo Service provider, for reasons beyond his control, is unable to comply with any of the conditions of regulation 5, he may for reasons to be recorded in writing, exempt such Customs Cargo Service provider from any of the conditions of regulation 5. Provided that no exemption shall be granted in respect of any of the conditions referred to in regulation 5, where the overall safety and security of the premises are likely to be affected thereby. (2) The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... years at a time. 11. Suspension or revocation of approval for appointment of a Customs Cargo Service provider: (1) The Commissioner of Customs may, subject to the provisions of these regulations, suspend or revoke the approval granted to the Customs Cargo Service provider 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 Commissioner of Customs may, in appropriate cases where immediate action is necessary, suspend the approval granted to a Customs Cargo Service provider where an enquiry against such Customs Cargo Service provider is pending or contemplated. 12. Procedure for suspension or revocation of approval and imposition of penalty:- (1) The Commissioner of Customs shall issue a notice in writing to the Customs Cargo Service provider stating the grounds on which it is proposed to suspend or revoke the approval and requiring the said Customs Cargo Service provider to submit within such time as may be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rvice provider contravenes any of the provisions of these regulations, or abets such contravention or who fails to comply with any provision of the regulation with which it was his duty to comply, then, he shall be liable to a penalty which may extend to fifty thousand rupees. (9) Any Customs Cargo Service provider aggrieved by any decision or order passed under this regulation, may appeal under section 129A of the Act to the Customs Central Excise and Service Tax Appellate Tribunal established under sub-section 1 of section 129 of the Act. 13. Renewal of approval for appointment of Customs Cargo Service provider: The Commissioner of Customs may on application made by the Customs Cargo Service provider before the expiry of the validity of the appointment under regulation 10, renew the approval for a further period of five years from the date of expiration of the original approval granted under regulation 10 or of the last renewal of such approval, as the case may be, if the performance of the approved Customs Cargo Service provider is found to be satisfactory with reference to his obligations under any of the provisions of the Act and the rules, regulations, notifications and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1962, which provides for approval of custodians makes an exception to these custodians who are otherwise approved under any law for the time being in force. Accordingly, the Port Trusts of the notified major ports and the Airports Authority of India shall not be required to make an application under Regulation 4 or 9 for approval or renewal under these regulations. However, they would be required to discharge the responsibilities cast upon them as specified in Regulation 6. 18. It is clarified that all persons operating in a Customs Area and engaged in the handling of imported/export goods in any capacity, therefore, are mandatorily required to comply with the applicable provisions of Handling of Cargo in Customs Areas Regulations, 2009. They shall apply for same within 30 days of the issuance of this Public Notice. Mumbai Port Trust(MbPT) are also directed to take services of Shipping Line, Freight Forwarders and Non vessel operating common carrier (NVOCC) which are registered as Customs Cargo Services(CCSP). 19. It is brought to the attention of all stake holders that consequent to Trade Notice No. 01/2020-CCO-MZ-I dated 20.01.2020 (Amendment to Trade Notice No. 01/2018 - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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