|
Procedure for disposal regarding detection of explosives and other war
materials in imported consignments of heavy melting scrap
Circular No. 43 dated 26th
April 1995
Several instances have
been brought to the notice of the Board wherein the Customs authorities have
detected war materials (such as live shells, bombs, smoke bombs etc.) in
consignment of heavy melting scrap imported a different ports and Inland Container
Depots at various locations in the country. The question of safe disposal of
such dangerous explosive materials (after. appropriate action under the Customs
Act, 1962 has been taken) has been examined by the Department in consultation
with various other agencies concerned, viz., Ministries of Defence, Home
Affairs, Steel, Commerce, Surface Transport, etc.
2. It
has been accordingly decided that in so far as the Customs department is
concerned, its responsibility inform the local Police authorities regarding the
detection of the explosives/ dangerous materials in the imported consignments.
The local Police in turn would contact the Defence authorities or the
alternative available expect agency for disposal of all the detected materials
and explosives. If the local Police have any difficulty in sourcing the
expertise, they would be contacting the Ministry of Home Affairs. For this
purpose, the Ministry of Home Affairs shall be separately issuing instructions
to the state authorities laying down the responsibility to the local Police when
contacted by the Customs.
3. With
a view to prevent entry of such materials in the country; the Director General
of Foreign Trade has placed certain restrictions on the import of metal scraps
originating from the countries affected by rebellion or war. By issue of Public
Notice No. 283(PN)/ 92-97 dated 31.3.1995 Ministry of Commerce have notified
that in the case of such import of metal scrap the foreign suppliers shall also
furnish the following documents to the Customs at the time of clearance of
goods:
(i) A pre-shipment
inspection certification to the effect that the imported consignment does not
contain any type of arms,ammunition,
mines, shells, cartridges or any other explosive material in any form either
used or otherwise.
(ii) A
certificate from supplier to the effect that the imported consignment does not
contain any type of arms, etc.
(iii) A copy of
the contract between importer and exporter stipulating the above and undertaking
for liability of consequences, etc.
The agencies for
issue of such pre - shipment inspection shall be as specified in public Notice
No. 282(PN)/ 92-97 dated 31.3.1995.
4. It is desired
that suitable instructions may be issued to all concerned so that the import of
metal scrap is regulated in the manner prescribed and further that in case of
detection of any explosives/ war materials the same are disposed of as per the
procedure prescribed. In case of any difficulties the Board may be immediately
informed.
|