No Compulsion for Vessel for Entry or Sail Out
·
The Central Board of Indirect Taxes & Customs
(CBIC) issued Circular No. 26/2026-Customs dated 15 May 2026 to standardise
procedures for Entry Inward and Vessel Sail-out Clearance across ports.
·
CBIC observed that some ports linked Entry Inward
and Sail-out Clearance with physical boarding of Customs officers, causing
delays in cargo operations.
·
The circular clarified that Entry Inward is
governed under Sections 30 and 31 of the Customs Act, 1962, while Vessel
Sail-out Clearance is governed under Sections 41 and 42.
·
Physical boarding of vessels by Customs officers is
a separate statutory process under Section 37 of the Customs Act and the
Imported Stores (Retention on Board) Regulations, 1963.
·
CBIC directed that Entry Inward and Sail-out
Clearance should not be made contingent upon physical boarding of Customs
officers.
·
The Board highlighted the rollout of Sea Arrival
Manifest (SAM) and Sea Departure Manifest (SDM) messages under SCMTR for online
filing by shipping lines and agents.
·
Shipping lines and agents can upload crew effects,
ship stores, and other declarations through e-Sanchit using IRN-based
referencing.
·
Customs officers are expected to grant Entry Inward
and Sail-out Clearance remotely based on online filings and prescribed checks.
·
The circular mandates prompt grant of clearances
upon submission of requisite documents, including SAM/SDM filings, without
insisting on physical boarding.
·
Physical boarding of vessels should henceforth be
conducted on a risk-based approach considering factors such as compliance
behaviour, voyage nature, vessel itinerary, cargo type, and security concerns.
·
Field formations have been instructed to issue
Public Notices informing stakeholders and report implementation difficulties,
if any, to the Board.
[CBIC Circular No. 26/2026-Customs dated 15 May,
2026]
Subject: Standardisation
of procedures relating to grant of Entry Inward and Vessel Sail-out Clearance.
Attention
is invited to the varying practices followed across ports with regard to grant of
Entry Inward and Vessel Sail-out Clearance, which in certain cases are being linked
with physical boarding of Customs officers on the vessel, resulting in avoidable
delays in commencement and completion of cargo operations.
2.
The matter has been examined. It is observed that at some ports, Entry Inward is
granted only after physical boarding of the vessel post-berthing, and similarly,
Sail-out Clearance is also being linked with completion of boarding formalities.
Such practices may lead to delays.
3.
In this regard, it is clarified that:
i.
The
provisions relating to Entry Inward are governed by Sections 30 and 31 of the
Customs Act, 1962, and Vessel Sail-out Clearance is governed by Sections 41 and
42 of the said Act. The boarding of vessels by the officers is independent
statutory process.
ii.
Physical
boarding of Customs officers on vessels is independent statutory process
governed under Section 37 of the Customs Act, 1962 and the Imported Stores
(Retention on Board) Regulations, 1963, which provide for Customs control over
imported stores, including sealing or inventory, wherever required issued in
exercise of the powers conferred by section 157 of the Customs Act, 1962.
iii.
Thus grant of Entry Inward and Vessel
Sail-out Clearance shall not be made contingent upon physical boarding of
Customs officers on the vessel.
4.
Field formations may take note that:
i.
CBIC
has already rolled out Sea Arrival Manifest (SAM) and Sea Departure Manifest
(SDM) messages under SCMTR, to be filed by Shipping lines and Shipping
Agents. The Shipping lines and Shipping agents may declare crew effects,
ship stores and persons under SCMTR, wherein provision has been enabled for
upload of such details in PDF format through e-Sanchit with IRN- based
referencing in message filings. The messages include filing of crew
and stock declaration details required by Customs Officers to grant Entry
Inwards/Sail out clearance.
ii.
All
stakeholders are required to file online messages, so that customs
officers can grant Entry Inward/Sail out remotely.
5.
Accordingly, it is directed that Entry Inward and Sail Out Clearance are granted
promptly upon filing of requisite documents, including Sea Arrival Manifest
(SAM)/ Sea Departure Manifest (SDM), and completion of prescribed checks, without
insisting on physical boarding of the vessel. Further, physical boarding of vessels
by Customs officers shall be undertaken based on risk profiling of the
vessels. Concerned field formations may devise suitable mechanism for risk based boarding by Customs officers considering compliance
behaviour, nature of voyage, itinerary of vessel on move, nature of cargo being
carried and other relevant parameter having bearing of safety and security of cargo.
6.
Suitable Public Notice may be issued by field formations to inform stakeholders.
Difficulties, if any, in implementation of this Circular may be brought to
the notice of the Board.
F.
No. CBIC-52/65/2024