Transhipment of Export Cargo from Bangladesh through LCSs to Kolkata Port in containers

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Procedure for a Pilot on Transhipment of Export Cargo from Bangladesh to third countries through Land Customs Stations (LCSs) to Kolkata Port / Airport, in containers or closed bodied trucks – reg

F.No. 550/02/2018-LC
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes & Customs
Circular 42/2018-Customs

North Block, New Delhi
Dated 2nd November 2018

To,

The Principal Chief Commissioner/Chief Commissioner of Customs
The Principal Commissioners /Commissioner of Customs

Madam/Sir,

Subject: Procedure for a Pilot on Transhipment of Export Cargo from Bangladesh to third countries through Land Customs Stations (LCSs) to Kolkata Port / Airport, in containers or closed bodied trucks – Reg.

References have been received from trade and industry for permitting transit of export cargo from Petrapole to Kolkata Port and Nhavasheva Ports / Kolkata Airport for better cargo evacuation and to improve logistics efficiency of the region.

2. The matter  has  been  examined. Section 54 of the Customs Act, 1962 allows for transhipment of goods through India, for which the Board is empowered to prescribe a form – “Bill of Transshipment” and a procedure. Before prescribing the procedure by way of a Regulation, it has been decided that a Pilot Program will be initiated for a period of six months, to gain experience and obtain feedback from industry, so as to build a Regulation which is facilitative as well as include safeguards against any cargo diversion.

3. The facility shall be available from the following LCSs and ports/Air Cargo complexes w.e.f. 5th November 2018:

4. The following procedure is being prescribed for allowing the transhipment:

(i)  A Bill of Transshipment ( Annexure-A) in respect of goods (being transported by road in a close bodied truck or as containerized cargo) brought to the LCS intended to be transshipped to Port/ Air cargo for export to third countries, shall be filed at the LCS by the Shipping Line or

Airline or their authorised representative;

(ii) the Bill of Transshipment in respect of goods (being transported by rail in a closed wagon or as containerized cargo) brought to the LCS and intended to be transshipped to the Port/ air cargo for export to third countries, shall be filed by the Shipping Line or Airline or their authorised representative at the LCS;

(iii) the shipping line or airline intending to carry the cargo to be transshipped will be at liberty to authorize a Customs Broker for filing the Bill of Transshipment;

(iv) The Import Report filed by the transporter (for goods moving by road or rail) shall specify the Port/ air cargo through which the cargo is meant to be  transshipped and state the destination port or airport of discharge. No cargo meant for discharge in India is permitted to be brought in the same truck/container/wagon, carrying the transhipment cargo;

(v) the Bill of Transshipment shall be presented in triplicate to the proper officer (Superintendent of Customs) for permission;

(vi) While presenting the Bill of Transshipment, the authorised representative of the shipping line or Airline shall produce an Electronic Cargo Tracking System (ECTS) seal for sealing the closed body truck or container, as the case may be. The seal number shall be declared on the Bill of Transshipment;

(vii)  The ECTS seal shall be procured by the shipping line or airline or the authorised customs broker at their own cost. Presently, the ECTS services are being offered by M/s Transecur Telematics Private Limited (wwww.transecur.com) under ADB’s Pilot Program for monitoring of traffic in transit of Nepal;

(viii) The Bill of Transshipment shall be accompanied by a Bond (Annexure-B) for an amount equivalent to twice the value of the goods, which may be specific to the consignment or a general bond; there shall be no need for the proper officer to obtain any security or surety;

(ix) Upon the proper officer (Superintendent) permitting transshipment, the goods may be unloaded from the Bangladeshi vehicle and loaded on to an Indian Truck under customs supervision. However, if the cargo is brought to the LCS by an Indian truck, then the same vehicle may be allowed to carry the cargo to the port or airport. In case of movement by rail, the same shall be undertaken by CONCOR;

(x) The original of the Bill of Transshipment shall be retained by the LCS while the duplicate copy (transference copy) shall be carried with the cargo by the driver in a sealed envelope to the Kolkata Port / Airport. The triplicate copy shall be retained by the authorised representative of the shipping line or airline.

(xi) Upon  reaching the Port of Loading (Airport / Port), the  transference copy of Bill of Transshipment shall be submitted by the person-in-charge of the conveyance to the proper officer of Customs; the proper officer shall check the ECTS web application for seal integrity and if there is no alert regarding unauthorized unsealing, the ECTS seal shall be removed and returned to the person-in-charge of the conveyance.

(xii) The Proper Officer shall permit the goods to be loaded on board the aircraft or vessel, as the case may be, by recording his order on the Bill of Transshipment;

(xiii) The details of the Sea or Air manifest (export manifest) shall be recorded on the Bill of Transshipment as well as uploaded on the ECTS web application upon which a “Trip Report” will be generated at the Port or Airport and LCS for record. The Transshipment Bond can then be duly credited or cancelled, as the case may be. There will be no need for a physical copy of the Bill of Transshipment to be sent to the LCS.

(xiv) In case the trip report indicates any unauthorized un-sealing, the matter shall be brought to the notice of the Deputy/Assistant Commissioner/Superintendent of Customs for action as appropriate.

5. Difficulties, if any, faced in the implementation of this circular should be brought to the notice of the Board.

6. Hindi version follows.

(Temsunaro Jamir)
Joint Commissioner (ICD)

Bond
(Single/General)
(To be executed for Transhipment of Export Cargo from Bangladesh to third countries)

KNOW ALL MEN BY THESE PRESENTS THAT WE M/s                                                         having our office located at                                                                                hereinafter  referred to as the “obligor”, (which expression shall include our successors, heirs, executors, administrators  and  legal  representatives)  hereby  jointly and  severally bind  ourselves  to  the President of India hereinafter referred to as the “President” (which expression shall include his successors and assigns) in the sum of Rs.                                                          (Please fill amount in words) to be paid to the President, for which payment well and truly to be made, we bind ourselves, our successors, heirs, executors, administrators and legal representatives firmly by these presents.

Sealed with our seal(s) this             day of                          20                       .

WHERE As the obligors have been permitted by the proper officer to execute transhipment operation  of  Export  Cargo  from  Bangladesh  to  third  countries  through  specified  Customs stations.

AND WHEREAS the Assistant/ Deputy Commissioner of Customs have given permission to enter into a Bond for the purpose Section 54 of the Customs Act 1962 (hereinafter referred to as the “Act”), in respect of such transhipment.

NOW THE CONDITIONS of the above written bond is such that, if we:

(1) comply with all the provisions of the Act, the rules and regulations made thereunder in respect of such goods;

(2) pay in the event of our failure to discharge our obligation,  the full amount of duty chargeable on account of such goods together with their interest, fine and penalties payable under the said Act, in respect of such goods;

Then the above written bond shall be void and of no effect otherwise the same shall remain in full force and virtue.

IN THE WITNESS WHEREOF, the obligor has herein, set and subscribed his hands and seals the day, month and year first above written.

SIGNED AND DELIVERED by or on behalf of the obligatory at                                  (place) in the presence of:

(Obligor)

Witness:

Name and Signature                           Address                                  Occupation

1.
2.

Accepted by me this        day of          20              , for and on behalf of the President of India.

((Assistant/Deputy Commissioner)
Signature and date
Name:

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