Circular No.4 / 2011-Customs
F.No.450/55/2008-Cus.IV (Pt.II)
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
159A, North Block,
New Delhi-110001
10th January, 2011.
To
All Chief Commissioners of Customs / Customs (Prev.).
All Chief Commissioners of Customs & Central Excise.
All Commissioners of Customs / Customs (Prev.).
All Commissioners of Customs & Central Excise.
All Director Generals under CBEC.
Subject: Handling of Cargo in Customs Areas Regulations, 2009 – regarding.
***
Sir / Madam,
Attention is invited to the Handling of Cargo in Customs Areas Regulations, 2009 which provide comprehensive guidelines for receipt, storage, delivery or otherwise handling of goods in the Customs area. These regulations also prescribe the responsibilities of persons engaged in the aforesaid activities. Further reference is also made to Board Circular No.13/2009-Customs dated 23.3.2009 issued on the subject matter bringing out the salient features of these regulations.
- Regulation 5 of the Handling of Cargo in Customs Areas Regulations, 2009, as amended vide Notification No.96/2010-Customs (N.T.) dated 12.11.2010, provides the obligation of a Customs Cargo Service Provider (CCSP) approved as a Custodian of imported and export goods in respect of safety and security of the premises for loading, unloading, receipt and disposal of imported and export goods in the following manner:
“Customs Cargo Service provider for custody of imported goods or export goods and for handling of such goods, in a customs area, shall fulfill the following conditions, namely:-
………
5(1)(i)(n): security and access control to prohibit unauthorized access to the premises, and
………
5(1)(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;”
3. Similarly, Regulation 7 of the Handling of Cargo in Customs Areas Regulations, 2009 gives powers to Commissioner of Customs to exempt CCSP from any of the conditions of Regulation 5 for the reasons to be recorded in writing and subject to the satisfaction that in relation to custody and handling of imported or export goods in a Customs area, the CCSP, for the reasons beyond his control, is unable to comply with such conditions.
4. These regulations were examined by the Parliamentary Committee on Subordinate Legislation and it was recommended by the Committee that conditions under Regulation 5 which concerns overall safety and security of the premises may not be subjected to exemption by any authority. The Committee also suggested that CCSP should publish the Schedule of Charges of various services rendered in relation to imported / export goods and display at prominent places including website / web pages of the CCSP.
5. These suggestions of the Parliamentary Committee on Subordinate Legislation have been accepted. Accordingly, it has been decided that no relaxation or exemption from requirements on safety and security of premises shall be allowed by Commissioners of Customs to the Custodians or Cargo Service Providers in terms of provisions of Regulation 7 of the Handling of Cargo in Customs Areas Regulations, 2009. Also, keeping in view the paramount importance of overall safety and security of imported / export goods, detailed guidelines are being prescribed in order to ensure that all concerned persons ensure that suitable arrangements are put in place for safety and security of premises relating to imported or export goods. These guidelines are annexed as per annexure A to this Circular. Commissioners of Customs are required to ensure that provisions pertaining to safety and security of premises are complied with strictly at the time of appointment of CCSP and monitored thereafter. Commissioners of Customs should undertake review of such obligations of CCSP who have been appointed earlier in terms of proviso to sub regulation (2) to regulation 10.
6. The requirement of publishing a Schedule of Charges associated with various services in relation to imported or export goods in the Customs area and its display at prominent places including web page or website of the CCSP has also been made mandatory by making suitable amendments in Regulation 6(3) of the Handling of Cargo in Customs Areas Regulations, 2009 vide Notification No.96/2010-Customs dated 12.11.2010. Commissioners of Customs should, therefore, ensure that all CCSPs discharge this responsibility, as cast upon them vide the said Regulation 6(3).
7. Vide Notification No.96/2010-Customs dated 12.11.2010, Regulation 5 has been amended to the effect that in addition to other obligations, all CCSPs for custody of imported or export goods and for handling of such goods in the Customs area shall provide free of cost or rent, fully furnished office accommodation, EDI service center along with basic amenities and facilities. Further, amendments have also been made to make it mandatory to all such CCSP to provide residential accommodation and transport facilities to the Customs staff.
8. In this regard, it is clarified that no exemption is available to existing Custodians / CCSP in so far as provision of facilities and fulfillment of the prescribed conditions in Regulation 5 and 6, as applicable, within the specified limit are concerned. Further, custodians under the Major Port Trusts Act, 1963 and Airports Authority of India Act, 1994 shall not be required to make an application under Regulation 4 or 9 for approval or renewal under these regulations, but they would be required to necessarily discharge the responsibilities cast upon them in terms of Regulations 5 and 6 of the regulations without any exception.
9. The Board has also considered the issue of possible liabilities arising on account of damages caused or loss suffered on imported or export goods, due to accident, damage, deterioration, destruction or any other unnatural cause during their receipt, storage, delivery, dispatch or otherwise handling. In this regard, it has been provided by the Notification No.96/2010-Customs dated 12.11.2010 that the CCSP will undertake to indemnify the Commissioner of Customs from any such liability by furnishing an indemnity bond. Commissioners of Customs are, therefore, required to ensure fulfillment of this requirement by CCSP without fail. Commissioners may also undertake review of such obligations of existing CCSP in terms of proviso to sub regulation (2) to Regulation 10 of the Handling of Cargo in Customs Areas Regulations, 2009.
10. Circular No.13/2009-Customs dated 23.03.2009 issued on the subject matter stands modified to the above extent.
11. Suitable Public Notices or standing orders may be issued to guide the trade / Industry and officers.
- Any difficulties in implementation of these regulations may be brought to the notice of the Board immediately.
Yours faithfully,
Encl: Annexure A.
( R. P. Singh)
Director (Customs)
Internal circulation: As usual.