No More Gifts from Ship Captains for Customs at
Inward Entry Point, Says Board
·
Rummaging Guidelines with Feedback
Form to Check Corruption in Customs Notified
[CBEC
Instruction No. 25 dated 23rd August 2016]
Sub: Boarding and Rummaging of vessels, aircrafts and
vehicles.
References have
been received in the Board alleging lackadaisical approach of Customs officers
in rummaging and examination of vessels which come to berth at various Indian
ports. The references also allege illegal gratification in the form of gifts
and cash.
2. Attention is invited to the detailed
guidelines prescribed in Customs Preventive Manual, 1987 regarding boarding and
rummaging of vessels. Over the years many changes have taken place in the
sphere of Customs administration in the background of changed economic scenario
and increasing volume of trade. There has been a manifold increase in the
number and movement of vessels and aircrafts. This has been accompanied by a
more transparent and accountable work environment based on information
technology which aims to better channelize scarce resources through risk
management and at the same time endeavours to reduce transaction costs and
promotes ease of doing business.
3. Needless to say that rummaging of vessels
berthing at the ports/aircrafts landing at airports/vehicles crossing land
customs stations is an effective method to prevent any attempt to smuggle
prohibited and restricted goods into the country and hence supervisory officers
need to pay adequate attention to this important preventive function. With an
enhanced fleet of vessels and aircrafts to be dealt with limited human
resources, rummaging exercises will prove to be effective when they are carried
on sound risk management principles. While the prevailing rummaging practices
need not be diluted, a full detailed rummage should be carried out on
vessels/aircrafts/vehicles where risk analysis, reliable information etc.
suggests the necessity for such. This will also help in reducing harassment,
alleged complaints and enhance ease of doing business.
4. Rummaging parameters may be decided by the
jurisdictional Principal Commissioner / Commissioner with utmost
confidentiality. Some of the probable parameters could be: ships/aircrafts arriving
from sensitive ports/airports having higher risk profiles; composition of crew;
frequency of visit of ship; random selection; passenger/cargo vessel; etc.
While deciding these, the Principal Commissioner / Commissioner shall keep in
mind the risk elements relating to smuggling of contraband goods, perceived
threat to national economy and security and recent experiences of rummaging and
their outcome. These parameters shall be reviewed once in every quarter based
on fresh inputs received from rummaging exercises, intelligence, trends in
smuggling etc. However, if specific intelligence / information is received
regarding smuggling etc., detailed rummaging shall be carried out without fail.
5. Further, to improve efficiency, transparency
and accountability in the boarding and rummaging exercises, and to streamline
the procedures, attention is invited to Public Notice No. 03/2016 and Standing
Order No. 01/2016 both dated 04.07.2016 (copies enclosed) issued by the Office
of the Principal Commissioner of Customs, Chennai III Commissionerate.
The aforesaid Public Notice and Standing Order also address the issue of
illegal gratification. The jurisdictional Principal Commissioners /
Commissioners of other Customs locations may issue similar Public Notices and
Standing Orders.
6. Though the new initiatives, as indicated
above, are required to be undertaken at each Customs location, the guidelines
prescribed in the Customs Preventive Manual, 1987 regarding rummaging which interalia
include the nature of goods, the areas to be searched, precautions for
safeguarding the officers and the vessels/aircrafts/vehicles, official
supervision, professional approach to minimise annoyance and loss, etc. will
continue to be in force.
7. A proforma
rummaging report is given in Annexure-I. The same may be used for rummaging
exercise. The rummaging report shall be signed by the Superintendent in charge
of rummaging after each rummaging exercise and counter signed by the
Deputy/Assistant Commissioner in charge of rummaging. Rummaging sections shall
also maintain the rummaging register as given in Annexure-II.
8. The above instructions shall be brought to
the notice of the officers under your jurisdictions with a direction to follow
these scrupulously. Any instance of deviation shall be viewed seriously.
9. Difficulties faced in implementation of
these instructions, if any, should be brought to the notice of the Board.
F.No.
394/66/2016-Cus (AS)