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Date: 08-08-2022
Notification No: Notification No. 67/2022 Customs (N.T.)
Issuing Authority: Indian Customs  
Type: Non Tariff
File No: [F.No.CBIC-21/90/2022-INV-CUSTOMS-CBEC]
Subject: Passenger Name Record Information Regulations, 2022.
Untitled 2

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II,
SECTION 3, SUB-SECTION (i)]
Government of India
Ministry of Finance
Department of Revenue
(Central Board of Indirect Taxes and Customs)
Notification No. 67/2022 Customs (N.T.)
New Delhi, the 8th August, 2022

G.S.R. (E).- In exercise of the powers conferred by sub-section (1) read with clause
(ab) of sub-section (2) of section 157 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 as the
Passenger Name Record Information Regulations, 2022. \

(2) They shall come into force from the date 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) means a person or organization or enterprise engaged in or
offering to engage in the operation of aircraft other than,-
(i) a "State aircraft" as defined in the Aircraft Rules, 1937; or
(ii) an aircraft, which is used for the transportation of passengers or goods by air,
and specifically excluded for the purposes of these regulations by an order of
the Board; to, from, or through India;
( person who is authorized by, or on behalf of such
aircraft operator to undertake all acts connected with the entry and clearance of the
operator's aircraft, crew, passengers, cargo, mail, baggage (including unaccompanied
baggage) or stores;

(d) crew member means a person assigned on duty onboard an aircraft;

(e) Departure Control System he system, containing check-in information such
as seat number and baggage information, used to check passengers onto flights;

(f) nternational flight - (i) from a place within India to a place outside India; or
(ii) from a place outside India to a place within India;
(g) - means National Customs Targeting

Centre-Passenger referred to under regulation 3;

(h) passenger person, other than crew member, in transfer or transit,
carried or to be carried, in an aircraft on an international flight, with the consent, such
consent being manifested by that person's registration in the passengers list, of the
aircraft operator;

passenger name record information are collected for the purpose of reservations;
( ime of or departure time means the time of take-off from the last point
of embarkation of persons or goods before the aircraft arrives in India or the time of
take-off from India, as the case may be, in the case of an aircraft which carries persons
or goods;

(2) The words and expressions used herein and not defined in these regulations but
defined in the Act shall have the same meanings respectively assigned to them in the
Act.

3. National Customs Targeting Centre-Passenger.- The National Customs Targeting
Centre-Passenger established by the Board to receive and process passenger name
record information along with any other information relevant for risk analysis of
passengers for the purpose of,-

(a) the prevention, detection, investigation and prosecution of offences under the
Act and the rules and regulations made there under, or

(b) the law enforcement agencies or government departments of India or any
other country may specify for the purposes of regulation 10.

4. Registration of aircraft operator.- Every aircraft operator shall register with the
proper officer in the FORM as per Annexure-I to these regulations.

5. Transmission of passenger name record information.- (1) Every aircraft operator
shall transfer the passenger name record information, as per list in Annexure II to
these regulations, of passengers they have already collected such information in the
normal course of business operations, to the designated Customs systems by push
method using PNRGOV EDIFACT message format.

(2) The aircraft operator where the flight is code-shared to any other aircraft operator
shall transfer the information specified in sub-regulation (1).

(3) In the event of technical failure, passenger name record information shall be
transferred by any other appropriate means, as may be directed by the National
Customs Targeting Centre-Passenger, ensuring an appropriate level of information
security.

(4) Every aircraft operator shall transfer passenger name record information not later
than twenty four hours before the departure time; or at the departure time - wheels off.
Explanation,- For the purpose of this regulation,-
means a message of any standard electronic message
format endorsed jointly by World Customs Organisation, International Civil
Aviation Organisation and International Air Transport Association which can be
efficiently transmitted;
(b)

passenger name record information from the departure control system or the
reservation system of such aircraft operator to database of the National Customs
Targeting Centre-Passenger.

6. Supply of missing information, if any.- (1) Every aircraft operator or its authorised
agent who becomes aware, before or at the time of departure, that
any information provided by them under these regulations is incomplete or inaccurate,
shall immediately provide such complete or accurate information in the manner as
specified in regulation 5.

 7. Privacy and protection of information.- (1)The passenger name record information
received by Customs designated system shall be subject to the strict information privacy
and protection in accordance with the provisions of any law for the time being in force.

(2) race or
ethnic origin, political opinions, religion or philosophical beliefs, trade union
membership, health, sexual life or sexual orientation, shall not be permitted.

(3) The passenger name record information shall be received, stored, processed and
disseminated in a secure system accessible only to the duly authorized officers by
establishing robust procedure to protect the privacy of passengers and crew members
by the National Customs Targeting Centre-Passenger.

8. Period of retention of data.- (1) The passenger name record information received in
Customs designated system shall be retained for a maximum period of five years from
the date of such receipt:
Provided that the provisions under this sub-regulation shall not be applicable, if
such information is required in the course of an investigation, prosecution, or any court
proceeding.

(2) After expiry of five years specified under sub-regulation (1), it shall be disposed of
by depersonalisation or anonymisation through masking out the relevant information
which can serve to identify directly the passenger to whom the passenger name record
information relates:

Provided that such depersonalised or anonymised information may be
repersonalised or unmasked when used in connection with an identifiable case, threat
or risk for the specified purposes:
Provided further that the information received may be used for further analysis
and study only by an authorized officer not below the rank of Principal Additional
Director General or Additional Director General of the National Customs Targeting
Centre-Passenger.

9. Audit.- There shall be an extensive independent system audit and security audit on
annual basis, to prevent any misuse of the passenger name record information by an
officer of the rank of Principal Additional Director General or Additional Director General
of the National Customs Targeting Centre-Passenger appointed by the Director General
of Analytics and Risk Management:
Provided that the said officer shall not carry out both the system audit and
security audit.

10. Sharing of information with other law enforcement agencies or foreign states.- When passenger name record information relates to any offence, under any law for the
time being in force, at national or international level, the National Customs Targeting
Centre-Passenger, may share the relevant information on a case-to-case basis with
other law enforcement agencies or government departments of India or any other
country.
Provided that sharing of such relevant passenger name record information with
other law enforcement agencies or government departments of India or any other
country shall be subject to maintenance of same level of information privacy and
protection of information and safeguards:
Provided further that such other law enforcement agencies or government
departments of India or other countries shall, while seeking information, specify the
purpose for which such information is being sought.

11. Penalty.- Without prejudice to any other action that may be taken against an aircraft
operator or his authorised agent under the provisions of the Act, or any other law for the
time being in force, the Principal Additional Director General or Additional Director
General of the National Customs Targeting Centre-Passenger, may impose a penalty
which shall not be less than twenty five thousand rupees but not more fifty thousand
rupees, for each act of non-compliance, on an aircraft operator or his authorised agent
who contravenes or fail to comply with any provisions of these regulations.
~*~

Annexure-I
[See regulation 4]
FORM
Application Form for Registration

1. Name of applicant with detail Permanent Account Number (PAN): -
(In case the applicant is a firm or a company, the name of each of the partners of the
firm or the directors of the company as the case may be)

2. Full address of the applicant: -
(In case the applicant is a firm or a company, the full address of each of the partners of
the firm or the directors of the company as the case may be)

3. The name(s) and address of the authorised persons: -
(In case the applicant is a firm or a company, the name(s) of its partner or partners or
director or directors or duly authorised employees who will actually be engaged in the
work of filing PNR Information).

4. Educational qualification of each of the persons who will actually be engaged in
the filling of PNR information.

5. The enclosures: -
(a). Copy of contract, or
(b). Memorandum of understanding, or
(c). Agreement entered into with the foreign authorizing agent.
I/We hereby declare that the contents of the above paragraphs are true to the best of
my/our knowledge.
Date:
Place:
Signature of the applicant(s)

[F.No.CBIC-21/90/2022-INV-CUSTOMS-CBEC]

       

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