Procedure regarding export of Diplomatic Cargo —reg. - Customs - 01/2014

OFFICE OF THE COMMISSIONER OF CUSTOMS (EXPORT) INLAND CONTAINER DEPOT, TUGHLAKABAD NEW DELHI -110020 C.No. VIII(ICD)6/Export/Deplomatic/01/2014/1142 to 44 STANDING ORDER No. 01/2014 Dated 10.12.2014 Sub.:-Procedure regarding export of Diplomatic Cargo -reg. It has been noticed that over a period of time a practice had evolved in respect of allowing empty containers to be taken to the residences of diplomats for stuffing of household goods for export at the time of transfer of diplomat from India on the basis of letter from the diplomat / diplomatic mission. The practice has been examined in the light of Article 36 of The Vienna Convention on Diplomatic Relations 1961. The relevant provision is reproduced below :- Article 36 1. The receiving state shall, in accordance with such laws and regulations as it may adopt, permit entry of and grant exemption from all customs duties, taxes and related charges other than charges for storage, cartage and similar service, on: a) Articles for the official use of the mission; b) Articles for the personal use of a diplomatic agent or members of his family forming part of his household, including articles intended for his establishment. 2. The personal baggage of a diplomatic agent shall be exempt from inspection, unless there are serious ground for presuming that it contains articles not covered by the exemptions mentioned in paragraph 1 of this article, or articles the import or export of which is prohibited by the law or controlled by the quarantine regulations of the receiving state. Such inspection shall be conducted only in the presence of the diplomatic agent or of his authorized representative. It has been given force of law by the diplomatic Relations (Vienna Convention) Act 1972. 2. In view of above it appears that The Vienna Convention allows clearance of cargo in respect of officials holding diplomatic rank as defined in the Convention and not for any other staff working in the mission. Further, the convention does not allow stuffing of household goods at the residence of the diplomat. 3. In view of above it is hereby directed that the practice of allowing containers to be taken to diplomat residence will be discontinued forthwith. Further, the exemption from examination of export goods will be extended to accredited diplomatic on the basis of such a request made by the diplomatic mission stating clearly whether the said diplomat enjoys the privilege under the Vienna Convention. The goods of other staff of mission shall be examined in the normal course before Customs clearance. (ATUL DIKSHIT) COMMISSONER (EXPORT)