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Regarding transhipment of cargo from gateway ports to other ports/ ICDs/
CFSs � issuance of transhipment permit
Circular
No. 79 dated 7th December 2001
A number of references have been
received from the trade, stating that the existing procedure for issuance of
transhipment permits for transhipment of cargo from gateway port to other
ports/ICDs/CFSs is time consuming and that delays in transhipment add to the
transaction cost. It has been suggested that the system of issuance of
transhipment permit should be done away with and that containers mentioned in
the IGM for transhipment to another Customs station should be allowed to be
transhipped automatically.
2. The matter has
been examined. It is observed that once EDI is fully implemented and all the
ICDs/ CFSs are linked with the ports by the system, the transhipment of
containers from the ports to ICDs/ CFSs would be allowed automatically without
any procedural hassles. However, pending implementation of EDI connectivity, it
has been decided to simplify the procedure for issuance of transhipment permit
as mentioned below:
(a) The Customs shall
introduce a single window system and will make use of a personal computer (PC)
for issuance of transhipment permit. A negative list of shipping agents/carriers
who have violated the Customs law in the past or against whom an alert notice is
pending, shall be prepared and fed into the computer. The details of bonds and
bank guarantees executed by the carriers shall also be maintained in the
computer. The scrutiny of documents and issuance of transhipment permit shall be
undertaken by an officer, preferably an Appraiser/Superintendent appointed by
the Commissioner of Customs in this behalf.
(b) The shipping agents may
file the IGM containing cargo meant for clearance from different ports, ICDs/
CFSs in different parts, i.e. containers meant for transhipment to different
ports/ ICDs/ CFSs shall be mentioned in separate pages of the IGM. This will
facilitate checking by Customs at the time of issuance of transhipment permit
and it will avoid having to enclose voluminous IGM with the transhipment permit.
Only relevant part of the IGM shall be enclosed with the transhipment permit.
Details of amendments of IGM in respect of cargo to be transhipped, made by the
Import Department shall be made available to the Appraiser/ Superintendent
dealing with the issue of transhipment permit, who may forward such details to
the destination Customs.
(c) The shipping agents
shall submit application for transhipment in prescribed forms (5 copies)
along-with copies of relevant parts of IGMs to the Appraiser/Superintendent, as
is being done under the existing procedure. However, instead of writing complete
details of cargo in the application for transhipment, reference of relevant IGM
may be made in the transhipment application by mentioning �details as per
part/ page ___________ of IGM No. ___________ as enclosed�. The shipping
agents shall also submit an authorization from the carriers appointed for
transportation of goods from gateway port to other ports/ICDs/CFSs, so that
issuance of transhipment permit and debiting of bond and bank guarantee can be
done simultaneously. The present practice of filling of sub-manifest, which is
mere duplication of IGM, shall be dispensed with.
(d) On receipt of the
application from the shipping agent, the Appraiser/Superintendent shall check
whether the name of carrier/shipping agent appear in the negative list.
Transhipment permit may be denied in case the name of the shipping agent figures
in the negative list.
(e) In case the name of
shipping agent does not figure in the negative list, the details furnished by
the shipping agent in the transhipment form shall be scrutinized by the officer,
and if these are found to be in order, the officer shall debit the bond and bank
guarantee of the carrier on the basis of notional value of the goods as is being
done under the existing procedure. After scrutiny of the transhipment form and
debiting of bond and bank guarantee, the officer shall sign all the copies of
transhipment permit and put a seal. A print out of bond and bank guarantee
showing opening balance, credit, debit and closing balance shall be taken from
the computer. One copy of the print out may be handed over to the shipping agent
and another may be kept for office record.
(f) Container numbers
being transhipped against a particular permit shall be entered in the computer,
which will help in reconciliation of landing certificates. The details of cargo
in the containers shall be verified with the help of IGM by the Customs at the
destination port/ICD/CFS. If any discrepancy is noticed, it will be recorded in
the landing certificate. The carrier shall bring the landing certificate duly
certified by destination Customs within the stipulated time and submit these to
the officer for giving credit in the bond/bank guarantee and for reconciliation
of record. After crediting the bond/bank guarantee, print outs shall be taken, a
copy of which shall be handed over to the shipping agent and another copy kept
for office record. A copy of landing certificate shall then be sent to Manifest
Closing Department (MCD) for closure of manifest in respect of containers
transhipped to other destinations.
(g) In case the landing
certificates are not produced within the stipulated time, the bond/ bank
guarantee may be enforced.
3. The work relating
to execution of bonds by the shipping agents for re-export of transhipment
containers presently being handled by the Container Cell, shall be transferred
to the Appraiser/ Superintendent dealing with the issuance of transhipment
permits. However, the work relating to maintenance of bond for re-export of
containers to be cleared at the gateway port itself, shall continue to be
handled in the Container Cell. The shipping agents shall execute running bonds
with Assistant/ Deputy Commissioner of Customs (Import) for re-export of
containers to be transhipped to other port/ ICD/ CFS. The details of bonds
executed by the shipping agents shall be maintained in the PC to be used for
processing of the transhipment permits. The running bonds of shipping agents may
be debited at the time of issue of transhipment permit and credited when
evidence for re-export of container is produced.
4. The existing
procedure of sealing of containers and supervision of loading of containers by
Customs shall continue. The collection of overtime for supervision of
transhipment shall be governed by the Customs (Fees for Rendering Services by
the Customs Officers) regulations, 1998 and instructions issued by the Board
from time to time.
5. The Commissioner
of Customs shall get a suitable software made with the help of NIC or private
consultant, to implement the above-said procedure within 15 days, In this
connection, help of the Shipping Agents Association may also be taken.
6. The above said
simplified procedure for issuance of transhipment permit shall be applicable
only for the containers manifested for transhipment to other ports/ ICDs/ CFSs.
7. The above said
instructions may be brought to the notice of all concerned by issuing suitable
Public Notice and Standing Order.
8. Difficulties, if
any, in implementation of this circular may be brought to the notice of the
Board. Kindly acknowledge receipt of the circular.
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