Control Measures introduced in the Examination/Appraisement Area at Air Cargo Complex, Bangalore-Reg. - Customs - 14/2011 CUS

OFFICE OF THE COMMISSIONER OF CUSTOMS C.R. BUILDING: P.B. NO.5400: QUEENS ROAD: BANGALORE C.No.VIII/13/227/2010 Cus Tech Date: 23.02.2011 PUBLIC NOTICE NO: 14/2011 CUS Sub:- Control Measures introduced in the Examination/Appraisement Area at Air Cargo Complex, Bangalore-Reg. Attention of Trade and CHAs operating at ACC, Bangalore is invited to, i) Public Notice No.39A/2009 CUS, dated 04.07.2009, communicating facilitation measures introduced in Al-SATS Air Freight Terminal, Bangalore and ii) Trade Facility Circular No.20/2010, dated. 11.03.2010, communicating introduction of Electronic Access Control System at Air Cargo Complex, Bangalore with effect from 29.03.2010, where by certain measures were introduced to facilitate smooth clearance of Import/Export cargo. 2. It was also categorically brought out in the said Public Notice and Trade facility circulars that the trade Industry Representatives involved in cargo clearances at ACC either directly or through their authorized Custom House Agent (CHA)/CHA authorised agents, shall interact with the Customs Officials only through/at the designated counters and that under no circumstances these representatives/agents shall be allowed entry into the secured area beyond these counters. Further it was also communicated that stringent action will be initiated against such CHA/CHA authorised agents found inside the secured area beyond these counters, and vicarious liability will be fixed on such agents as well as the organization they represent. CHAs were further advised to ensure that their representatives handling customs cargo/customs documents shall always possess a valid 'G' Card/'H' Card and identity cards failing which strict action will be taken against such person/s found handling customs cargo/customs documents without proper licence/identity card/s. 3. These aspects have been brought to the notice of the CHA Association during meetings held on number of occasions including visits of Commissioner and/or Additional Commissioners to the Shed. Even after all these efforts to curb malpractices, it is noticed that the some of CHA/CHA authorised agents (herein after referred to as 'Agent') are entering the Secured Area in gross violation of above said instructions. It is also noticed that while entering the Customs Area, the agents are not taking care to check whether they are carrying valid 'F' or 'G' or 'H' Card and having Access Control Card. Mere holding of 'F' or 'G' or 'H' Card issued under CHALR, 2004, does not authorize a person a valid entry to the Import/Export Shed. In order to curb such misdeeds, the following measures are initiated with immediate effect: i. The agents shall be seated only in the 'CHA Waiting Room' in the Menzies Building (Ground Floor)/Air India SATS building (3rd Floor); ii. Under no circumstances the Agents are allowed inside the Customs Area, Import/Export Shed or the Secured Area, including the Appraising Hall on 1 st floor Menzies Building unless specifically called by the officer to explain any product with catalogue/letter etc or in connection with any query raised; iii. In the case of Cargo Examination at Import/Export Shed, only 'F'/'G' card holders repeat only 'F'/'G' card holders who are authorized signatories under CHALR, 2004, are allowed to enter Examination Area against 'Examination Slip' obtained from the Custodian; iv. No Agent whose goods are currently not being examined will be allowed inside the Examination Area; v. The AISATA/Menzies Bobba Custodians shall ensure that the Examination Area is secured, enclosed and separated from the Shed Area so as to avoid any mixing up of cargo; vi. In the case of Goods Registration and Out of Charge, no person other than the Customs Officer concerned shall enter the secured area (Import/Export Shed Area). Agents are allowed to enter only when their respective bill of Entry or Shipping Bill comes for Goods registration or Out Of Charge; vii. Agents are advised to track/check the status of the bills in ICES 1.5 version on Touch Screen Kiosk system provided at Air Cargo Complex; viii. At Appraisement Hall on I floor, Menzies building, Agents can enter the designated area in front of the Assessment Hall for interacting with the Assessing Officers, only if their presence is required by the Customs Officers; ix. Any document to be submitted to the Officer will have to be handed over to the concerned staff posted at these areas. Under no circumstances the Agent shall enter the secured area or assessing hall; x. In such of those cases where the presence of the Agent is required by the officer in the shed, the Asst. Commissioner concerned may allow such Agent on the basis of sufficient cause shown in writing by the Agent/shed officer; xi. It shall be the responsibility of the custodian to produce the cargo for Customs examination and processing for out of Customs charge/Let export, as the case may be. In each of such cases, the custodian shall provide a document confirming the receipt back of the cargo in good condition from customs; xii. After out of Customs Charge (OOC), the custodian shall issue a Gate Pass to the concerned Agent from their office and the Agent shall abide by the procedures laid down by the custodian in this regard; xiii. For tracking of the Bills separate Touch Screen Kiosks and computer terminals have been provided. Agents can also avail the tracking facility provided by the Help Desk at EDI Service Centres; xiv. In view of (xiii) above, the Agent shall not insist any of the Customs Officers to provide tracking of bills; xv. The Agents are bound to maintain strict office decorum. There shall be first come first service system, while approaching any of the Customs Officer; xvi. The Officers shall attend to the bills on first come first serve (FIFO) basis and there shall not be any out of turn preference to any CHA/Importer/Exporter; xvii. The inward and outward dispatch sections at ACC Bangalore will make necessary arrangements for carrying of the dockets into and outside the cargo sheds. Under no circumstances shall the Agents be seen carrying these dockets; xviii. It is also proposed to provide Drop Boxes where the Agents can drop the dockets and other necessary documents and it will be the responsibility of the Assistant Commissioner (Administration) to ensure that the dockets are delivered to the concerned customs officers; xix. The Custodian shall provide adequate number of Drop Boxes at Ground Floor, Menzies Building and 111 Floor, Al-SATS Building in consultation with the Asst. Commissioner (Admn); xx. The Gate Officer (Inspector) working in the import Shed and the Examination Officer at Export shed shall be vigilant and shall not allow any unauthoriesd person to enter the customs secured area; xxi. The Agents are strictly advised to adhere to the above instructions any breach of the said instructions by anyone will be viewed seriously and stern action initiated, apart from taking action under CHALR 2004, immediately. 4. Difficulties faced if any, in following the above instructions may be brought to the notice of the undersigned by the Trade or CHA Association. (B. BHATTACHARYA) COMMISSIONER