Transhipment of Cargo
to Nepal under Electronic Cargo Tracking System Regulations, 2019
See Section 54 and 143AA in Chapter VIII
and Chapter XVII of CA, 1962 in Customs Manual Vol. III
[Customs Notification No. 68
(Non Tariff) dated 30th September 2019]
1. Short title and commencement
2. Definitions
3. Application
4. Declaration of transshipment
5. Permission to load goods
6. Permission for transshipment
7. Arrival at the land customs station
8. Discharge of bond
In
exercise of the powers conferred by section 157 read with sub-section (1) of
section 54 and section 143AA of the Customs Act, 1962 (52 of 1962), the Central
Board of Indirect Taxes and Customs hereby makes the following regulations,
namely: -
1.
Short title and commencement
(1)
These regulations may be called the Transhipment of
Cargo to Nepal under Electronic Cargo Tracking System Regulations, 2019.
(2)
They shall come into force on the day of their publication in the Official
Gazette.
2. Definitions
(1)
In these regulations, unless the context otherwise requires –
(a)
‘Act’ means the Customs Act, 1962 (52 of 1962);
(b)
“authorised carrier” means an authorised
sea carrier, an authorised train operator, shipping
line or a custodian, registered under regulation 3 of the Sea Cargo Manifest
and Transhipment Regulations, 2018 or his authorised agent;
(c)
“ECTS” means the electronic cargo tracking system deployed for securing and
monitoring traffic-in-transit destined to Nepal;
(d)
“managed service provider” means a technology service
provider appointed, as bi-laterally agreed between the Governments of India and
Nepal, for providing ECTS services.
(2)
The words and expressions used and not defined in these regulations but defined
in the Act shall have the same meanings respectively assigned to them in the
Act.
3. Application
These
regulations shall apply to the transhipment of cargo
from the ports of Kolkata, Haldia and Visakhapatnam
in India to Birgunj in Nepal by rail and from the
ports of Kolkata, Haldia and Visakhapatnam to Batnaha in India by rail and from Batnaha
to Biratnagar in Nepal by road.
4. Declaration
of transshipment
The authorised carrier shall, –
(a) declare the cargo destined to Nepal and the port of final
discharge in Nepal in the arrival manifest;
(b) undertake to transport the goods by rail or rail-cum-road
till they reach the port of final discharge in Nepal;
(c) directly procure ECTS seals at their own cost from the
managed service provider;
(d) execute a general bond for an amount as directed by the
proper officer;
(e) file a declaration of transhipment,
in triplicate, in the Form appended to these regulations before the proper
officer, along with a copy of the commercial invoice.
5. Permission
to load goods
No
person-in-charge of a conveyance shall permit the loading of goods destined to
Nepal, onto a railway vehicle, unless the declaration of transhipment
relating to them has been approved by the proper officer.
6. Permission
for transshipment
(1)
Where pursuant to the approval referred to in regulation 5, goods have been
loaded on a railway vehicle, the proper officer shall, -
(a) ensure that the cargo is sealed securely with the ECTS seals
and related information is entered into the associated web-application;
(b) endorse all the three copies of the declaration of transhipment with the ECTS seal number and retain a copy
therefrom and hand over the remaining two copies of the declaration of transhipment to the person in charge of the railway vehicle
for being carried along with the goods.
(2)
The authorised carrier shall submit a copy of the
endorsed declaration of transhipment at the land
customs station of exit from India and the other copy shall be handed over to
the customs at the port of final discharge in Nepal.
7. Arrival
at the land customs station
(1)
The containers which are affixed with an ECTS seal shall be halted at the land
customs station of exit in India for unsealing by the proper officer.
(2)
The proper officer shall, before unsealing, check the integrity of the seal
using web application and if no alert of unauthorised
unsealing is found, he shall remove the ECTS seal.
(3)
In case the ECTS indicates an alert about any unauthorised
unsealing, the proper officer shall make due verification of the goods to check
whether the goods are in accordance with the declaration of transhipment
and shall allow the transhipment to Nepal, upon being
satisfied that there is no irregularity.
(4)
The proper officer shall make an endorsement of unsealing on both the copies of
declaration of Transhipment, retain one copy, and
shall hand over the other to the authorised carrier
for onward submission to Nepal Customs.
(5)
The person-in-charge of the conveyance shall not commence onward journey to
Nepal unless the proper officer has permitted him so to do by an order endorsed
on the declaration of transhipment.
8. Discharge
of bond
(1)
The proper officer shall extract trip reports from the ECTS web application as
proof of completion of transhipment.
(2) The reconciliation of transhipment of
consignments shall be carried out on the basis of trip report, by the proper
officer at the Ports of Kolkata, Haldia or
Visakhapatnam, as the case may be, and the general bond submitted by the authorised carrier will be re-credited or discharged.
FORM
(See regulation 4)
Declaration of transshipment
(To be filed in triplicate)
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Part A (To be filed by the authorised
carrier or his agent) |
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Name
of the authorised carrier filing the declaration of
transshipment |
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Manifest
number and date |
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Port
of entry in India |
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Land
customs station of exit from India |
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Port
of entry in Nepal |
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Port
of final discharge in Nepal |
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Name
and address of importer in Nepal |
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Vehicle
number on which goods will transit India (if applicable) |
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Name
and mobile number of the driver (if applicable) |
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Container
number or wagon number (as applicable) |
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Bond
No. |
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Details
of goods |
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Marks
& serial Nos. |
Commercial
invoice number and date |
Description
of goods |
H.S
code |
Quantity
(in pcs) or weight, as relevant |
Gross
weight |
CIF
Value in INR |
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I
/ We declare that the goods entered herein are for transit through India to
Nepal and shall not be diverted en-route in India
or retained in India. I/We
undertake to bear the cost of electronic cargo tracking system for the above
trip. I
/ We further declare that all the entries made herein above are true and
correct to the best of my / our knowledge. Signature of the authorised
carrier or his representative |
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Part B (To be filled by the customs officer at the
port of entry into India)
I verify that the aforesaid container or wagon has
been sealed with ECTS seal by me. Signature of the officer,
designation, stamp and date |
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Part C (To be filled by the customs officer at the land
customs station of exit from India) I
certify that the cargo has reached from _____________port (India) to
_____________ Land Customs Station (India), as per trip report of the ECTS
without any alert of unauthorised unsealing. Signature of the officer, designation, stamp and date |
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