Sea Cargo Manifest and Transhipment
Regulations, 2018 Amended
· Transportation
of Goods (Through Foreign Territory) Regulations, 1965 Removed from this
Regulation
· Definitions
Enlarged – Designated Foreign Route and Postal Authority Definitions included
· Filing
arrival or departure manifest, shall be required to enter into a bond of rupees
ten lakh in Form- XI and furnish a bank guarantee, or a postal security or
National Saving Certificate or a fixed deposit receipt issued by a Nationalised bank, in the name of the Commissioner of
Customs, for an amount of rupees ten lakhs along with Form-I:
· Authorised
Economic Operator (AEO) shall not be required to furnish a bank guarantee, or a
postal security or National Saving Certificate or a fixed deposit receipt issued
by a Nationalised bank for an amount of ten lakh
rupees
·
Form- VIIIA for Transhipment of Imported Goods between Port to Land Customs
Station Inserted
· Form
XI and Form XII Included
Notification No. 54/2019-Customs (N.T.)
dated 1 August 2019
[Please
see Customs Manual July 2019 Vol.III at page 90 to
114 for details]
G.S.R.
(E). - In exercise of the powers conferred by section 157, read with sections
30, 30A, 41, 41A, 53, 54, 56, sub-section (3) of section 98 and sub-section (2)
of section 158 of the Customs Act, 1962 (52 of 1962), the Central Board of
Indirect Taxes and Customs hereby makes the following regulations further to
amend the Sea Cargo Manifest and Transhipment
Regulations, 2018, namely: -
1. Short title and commencement. - (1) These regulations may be called the Sea Cargo Manifest and Transhipment (Amendment) Regulations, 2019.
(2) They shall come into force on the date of
their publication in the Official Gazette.
2. In the Sea
Cargo Manifest and Transhipment Regulations, 2018,
-
(i) in the opening paragraph of the said regulations, for
the words and figures, “Export Manifest (Vessels) Regulations, 1976 and
Transportation of Goods (Through Foreign Territory) Regulations, 1965”, the
words and figures “and Export Manifest (Vessels) Regulations, 1976” shall be
substituted;
(ii)
for the regulation
2, the following regulation shall be substituted, namely: -
‘2. Definitions. - (1) In these regulations, unless the context otherwise requires,
(a) “Act” means the Customs Act, 1962 (52 of 1962);
(b) “arrival manifest”
means an integrated declaration required to be delivered by an authorised carrier before or on arrival of, -
(i) the vessel carrying imported goods, export
goods, or coastal goods or
(ii) a
train or a truck carrying imported goods or export goods;
(c) “authorised
carrier” means an authorised sea carrier, authorised train operator or a custodian, registered under
regulation 3 and postal authority;
(d) “authorised sea
carrier” means the master of the vessel carrying imported goods, export goods
and coastal goods or his agent, or any other person notified by the Central
Government;
(e) “authorised
train operator” means the train operator carrying imported goods and export
goods;
(f) “custodian” means a
person approved by the Principal Commissioner or the Commissioner of customs,
for the purposes of section 45 of the Act;
(g) “departure manifest”
means an integrated declaration required to be delivered by an authorised carrier before departure of:
(i) a vessel carrying imported goods, export
goods or coastal goods; or
(ii) a
train or truck carrying imported goods or export goods;
(h) “designated foreign route” means the sea route
between an Indian port and another Indian port, traversed by a vessel, through
the territorial waters of Sri Lanka or Bangladesh, whether or not calling any
port in Sri Lanka or Bangladesh in between;’
(i) “Form” means a
Form appended to these regulations or the corresponding electronic form
provided at the website https://www.icegate.gov.in in
relation to filing of arrival and departure manifest;’
(j) “Jurisdictional Commissioner of customs” means
the Commissioner of customs who has granted registration under regulation 3;
(k) “postal authority”
means an ‘officer of the Post Office’ as defined in The Indian Post Office Act,
1898 (6 of 1898);
(l) “Special Economic Zone (SEZ)” means special
economic zone as per the Special Economic Zones Act, 2005 (28 of 2005);
(2)
Any reference to a Commissioner of customs shall also include a reference to
Principal Commissioner of customs for purposes of these regulations.
(3)
The words and expressions used herein and not defined but defined in the Act
shall have the same meaning respectively assigned to them in the Act;’;
(iii)
in regulation 3,
-
(a) in sub-regulation (1), the following proviso shall be inserted, namely: -
“Provided
that the postal authority shall not be required to apply for the registration
in case such authority intimates to the jurisdictional Commissioner of customs
in writing, to transact business under these regulations.”;
(b) after sub-regulation (1), the following
sub-regulation shall be inserted,
namely: -
“(1A)
Any other person notified by the Central Government for the purposes of filing
arrival or departure manifest, shall be required to enter into a bond of rupees
ten lakh in Form- XI and furnish a bank guarantee, or a postal security or
National Saving Certificate or a fixed deposit receipt issued by a Nationalised bank, in the name of the Commissioner of
Customs, for an amount of rupees ten lakhs alongwith
Form-I:
Provided
that
any Authorised Economic Operator (AEO) shall not be
required to furnish a bank guarantee, or a postal security or National Saving
Certificate or a fixed deposit receipt issued by a Nationalised
bank for an amount of ten lakh rupees.”;
(iv)
in regulation 4,
-
(a)
for the sub-regulation
(1), the following sub-regulation shall be substituted, namely: -
“(1)
An authorised sea carrier
carrying imported goods, export goods, or coastal goods shall deliver the
arrival manifest to the proper officer electronically:
Provided
that where it is not practicable to deliver the arrival manifest or any part
thereof electronically, then the manifest or any part thereof shall be
submitted manually in duplicate with the approval of the Commissioner of
customs or any other officer authorised by him:
Provided
further that for the vessels carrying only coastal goods and operating from
exclusive berths meant for coastal goods at the loading as well as the
unloading ports, there shall be no requirement of delivering arrival
manifest.”;
(b)
after sub-regulation (3), the following
sub-regulation shall be inserted, namely:-
“(4)
Notwithstanding anything contained in sub-regulation (3), the authorised sea carrier may update the information furnished
in Form- VIA and Form- VIB, -
(i) before 48 hours of
expected arrival at the destination customs port, for the vessels on voyage of
more than ninety-six hours between departure from the last port of call and
arrival at the next port;
(ii) before 24 hours of expected arrival at the
destination customs port, for the vessels on voyage of forty-eight to
ninety-six hours between departure from the last port of call and arrival at
the next port;
(iii) before 6 hours of expected arrival at the
destination customs port for the vessels on voyage of less than forty-eight
hours between departure from the last port of call and arrival at the next
port:
Provided
that
for vessels carrying non-containerized cargo, whether or not carrying
containerized cargo, the authorised sea carrier may,
irrespective of the voyage duration, update the arrival manifest before entry
inwards at the destination customs port.”;
(v)
in regulation 5, -
(a)
for sub-regulation
(1), the following sub-regulation shall be substituted, namely: -
“(1)
An authorised sea carrier
carrying imported goods, export goods or coastal goods, shall before the
departure of the vessel from the port, deliver the departure manifest to the
proper officer electronically:
Provided
that
where it is not practicable to deliver the departure manifest or any part
thereof electronically, then the manifest or any part thereof shall be
submitted manually in duplicate with the approval of the Commissioner of
Customs or any other officer authorised by him:
Provided
further that for the vessels carrying only coastal goods and
operating from exclusive berths meant for coastal goods at the loading as well
as the unloading ports, there shall be no requirement of delivering departure
manifest.”;
(b)
after sub-regulation (2), the following
sub-regulation shall be inserted,
namely: -
“(3)
Any authorised sea carrier may update the departure
manifest within twenty-four hours after departure:
Provided
that,
for vessels carrying non-containerized cargo, whether or not carrying
containerized cargo, the authorised sea carrier may
update the departure manifest within seventy-two hours after departure.”;
(vi)
in regulation 6,
in sub-regulation (1), -
(i) the clause (e)
shall be omitted;
(ii) for the words
“separate sheets and shall be set out in the order of the ports of loading”,
the words “Form- XII” shall be
substituted;
(vii)
for the regulations 7 and 8, the following regulations
shall be substituted, namely: -
“7.
Transhipment of imported goods or export
goods. - An authorised carrier shall file a
departure manifest before the departure of a train or a truck and arrival
manifest upon arrival of the train or truck, as the case may be, -
(1) in Form- VIII for
purposes of transhipment of imported or export goods
between a port /ICD and Inland Container Depot / Container Freight Station /
Special Economic Zone (SEZ)/ Foreign post Office and vice versa.
(2) in Form- VIIIA for the
purposes of transhipment or transit of imported goods
between a port and Land Customs station and vice versa.
8.
Amendment of arrival or departure Manifest or Condonation of delay.
Where
any officer authorised by the Commissioner of customs
is satisfied that-
(i) the
arrival manifest or departure manifest is in any way incorrect or incomplete,
and that there was no fraudulent intention towards incorrect or incomplete
submission as regards the contents thereof; or
(ii) there was sufficient cause for not delivering
the arrival manifest or the departure manifest or part thereof within the time
period specified in these regulations,
then
he may permit to amend or supplement the arrival or departure manifest, or
condone the delay for not filing the arrival or departure manifest or part
thereof, as the case may be, at the request of the authorised
carrier.”
(viii)
in regulation 9,
-
(a)
in sub-regulation
(1), for the clause (d), the following clause shall be substituted, namely: -
“(d)
in case of imported goods or export goods meant for transhipment
by land route, the officer authorised by the
Commissioner of customs, shall seal the container or the bonded truck or
covered truck or wagon, as the case may be, before permitting such transhipment:
Provided
that
Commissioner of custom may, in certain cases, allow transhipment
without sealing the container or the bonded truck or covered truck or wagon,
for reasons to be recorded in writing.”;
(b) in
sub-regulation (2), for the
word “territory”, the word
“route” shall be substituted.”;
(ix)
in regulation
10, -
(a)
in sub-regulation
(1), -
(A)
in clause (f),
after the words “area or enroute”, the words “, under
its custody” shall be inserted;
(B)
for the clause (l), the following clause shall
be substituted, namely: -
“(l)
not demand any container detention charges for the
containers laden with the goods detained by customs for purpose of verifying
the entries made under section 46 or section 50 of the Act, if the entries are
found to be correct.
Provided
that
the authorised carrier may demand, container
detention charges for the period, commencing after expiry of sixty days.”;
(b)
for sub-regulation
(2), the following sub-regulation shall be substituted, namely: -
“(2)
The authorised carrier, after intimation to the
Commissioner of customs, may outsource any function, required to be carried out
by him under these regulations, to any other person on his behalf. The authorised carrier and such person shall be liable for any
act of commission or omission while transacting business under these
regulations.”;
(x)
after regulation
14, the following regulation shall be inserted,
namely: -
“15.
Transitional provisions. – (1) Notwithstanding anything contained in
regulations 4, 5 and 7, the authorised carrier may
deliver the cargo declaration in Form-VIA or Form-VIB and Form-VIIA or
Form-VIIB or arrival and departure manifest in Form-VIII or Form- VIIIA, for
the period of forty-five days from the date of commencement of these regulations.
(2)
Notwithstanding anything contained in these regulations, the authorised sea carrier shall continue to deliver the cargo
declaration in Form III of the Import Manifest (Vessels) Regulations, 1971 and
Form I of the Export Manifest (Vessels) Regulations, 1976, in the manner as was
applicable before the commencement of these regulations, till 1st November,
2019.”;
(xi)
after Form VIII, the following Form- VIIIA shall be
inserted, namely: -
“Form-
VIIIA
[See
regulation 7]
I. Transhipment
of Imported Goods between Port to Land Customs
Station:
(a) Departure Manifest to be
filed at port:
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Authorised Carrier Code: |
Bond No. of Authorised Carrier |
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Port: |
Departure Manifest No. and Date: Auto generated |
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Sl.
No. |
Arrival
Manifest No./ date by which cargo arrived at port |
Line
no. |
Goods
descripti on |
Containe
r No. & Customs Seal No. |
Train
No./ Truck No. |
Destinatio
n |
Net
Wt. & Gross Wt. in case of non- containeri zed
cargo |
Gate
Out Time from the Port |
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(b)
Arrival Manifest to be filed at Land Customs Station:
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Authorised Carrier Code: |
Bond No. of Authorised Carrier |
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Land Customs Station: |
Arrival Manifest No. and Date: Auto generated |
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Sl. No. |
Departure manifest filed at Port |
Date of departure manifest |
Train No./ Truck No. |
Container No. & Customs Seal No. |
Goods description |
Net Wt. & Gross Wt. in case of non- containerized
cargo |
Gate in Time & date |
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II. Transhipment
of Imported Goods from Land Customs Station to Port:
(a) Departure Manifest to be
filed at Land Customs Station:
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Authorised
Carrier Code: |
Bond
No. of Authorised Carrier |
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Land
Customs Station (LCS): |
Departure
Manifest No. and Date: Auto generated |
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Sl.
No. |
Import
report no. by which cargo arrived at LCS |
Container
No. & Customs Seal No. |
Destination |
Goods
description |
Train
No./Truck No. |
Net
Wt. & Gross Wt. in case of non- containerized cargo |
Gate
Out Time |
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(b) Arrival Manifest to be
filed at port:
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Authorised
Carrier Code: |
Bond
No. of Authorised Carrier |
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Port: |
Arrival
Manifest No. and Date: Auto generated |
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Sl.
No. |
Departure
manifest filed at Port and date |
Goods
description |
Container
No. & Customs Seal No. |
Train
No./Truck No |
Net
Wt. & Gross Wt. in case of non- containerized cargo |
Gate
in Time & Date” ; |
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(xii)
after the Form- X, the following Form- XI and Form- XII shall be added, namely: -
“Form
– XI
(See regulation 3 (1A))
Know
all men by these present that we are held and firmly bound to the President of
India in the sum of Rs. ten lakhs for payment whereof
we hereby bind ourselves, and each of us bind himself and each of our heirs,
executors and administrators firmly by these present dated this ………………….. day of …………………..in the year two thousand.…………………..
Whereas
the said ………………….. has been registered to act as an authorised carrier under Sea Cargo Manifest and Transhipment Regulations, 2018 and the said ………………….. has agreed to enter into this bond as required by under the
said regulations.
And
whereas the said ………………….. has deposited the sum of Rs. 10,00,000/- (Rupees ten lakhs) only with the President
of India as security for his faithful behaviour and
that of his employees as regard the said regulations.
Now
the condition of the above written bond is such that if the said ………………….. and
his employees do at all times, whilst holding, such registration as aforesaid,
behave themselves in a
faithful manner as
regards the said
regulations and if the said ………………….. and
their executors or administrator fails to comply the obligations under the said
regulations, ............. shall forthwith pay to the Government on demand the
said sum of Rs. Ten lakhs.
AND
upon making such payment, the above written obligations shall be void and of no
effect, otherwise it shall be and remain in full force and virtue.
Signed,
sealed and delivered by the above named on this day, the ………………….. of 20……….. in the presence of witnesses.
1.
…………………..…………………..
2.
…………………..…………………..
Accepted
for and on behalf of the President of India
Signature
of the Principal Commissioner of Customs/Commissioner of Customs
FORM-
XII
[See regulation 6]
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Sl.
No. |
Field
Description |
Remarks |
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1. |
Details
of Gold & Silver |
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Form
of Gold& Silver |
Weight |
Value |
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2. |
Arms
& Ammunitions |
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Sl.
No. |
Type |
Quantity |
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3. |
Explosives |
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Sl.
No. |
Type |
Quantity |
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4. |
Narcotics
and psychotropic substances |
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Sl.
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Type |
Quantity |
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5. |
Radio-active
material |
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Sl.
No. |
Type |
Quantity |
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6. |
Any
other declaration which, under the provisions of the Customs Act or any other
Act for the time being in force”. |
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[F.
No. 450/58/2015- Cus-IV]