KYC norms for the Shipping lines/freight forwarders etc.-reg. - Customs - 13/2017

GOVERNMENT OF INDIA OFFICE OF THE COMMISSIONER OF CUSTOMS (PORT) 15/1 STRAND ROAD, CUSTOM HOUSE, KOLKATA-700001 F.No. S121-109/2016 SIB/223 Date: 28.03.2017 Public Notice No. 13/2017 Sub: KYC norms for the Shipping lines/freight forwarders etc.-reg. Attention of all the Shipping lines, shipping line agents/sub-agents, container lines, container line agents/sub-agents, freight forwarders etc. who give the containers on lease/rent for stuffing of export cargo, is invited to the recent cases, wherein subsequently it is found that contraband/prohibited goods were attempted to be exported from Kolkata Port. investigations have revealed that the containers for stuffing these goods are booked by some unscrupulous elements over a mobile phone or by sending an e-mail or a fax, who use IEC s of unsuspecting t exporters to smuggle out such goods, verification of which generally lead to dead ends, resulting in actual perpetrator of the crime getting scot free. Such exports are effected/attempted to be effected with an intention to avail ineligible benefit under various export promotion/duty exemption/remission schemes. There is not only loss of precious natural resources like Red Sander but shipping lines/container lines have also to face the prolonged investigations and consequently their containers are held up resulting in loss of business to them. As a preventive measure and to curb the menace of smuggling of prohibited goods like red sanders, beef etc., it is directed that all the shipping lines agents/sub-agents, container lines, container line agents/sub-agents, freight forwarders etc. Should follow Know Your Customer (KYC) norms and must insist on and keep at least three documents out of the documents listed below in their records from exporter/person seeking the container for stuffing of export cargo (Document at Sr no. 1 must be one of the three documents): 1. One of the photo IDs of person seeking to book the container/photo ID of authorized of exporter. viz. PAN Card, Driving license, Election ID Card, valid Passport. 2. Address proof of the exporter -viz Landline telephone Bill [ not more than 3 months old] or electricity bill [ not more than 3 months Old] or valid passport. 3. Photocopy of IEC of Exporter. 4. A certificate from the Bank with whom the Bank Account is being maintained for the purpose of remittance of foreign exchange to the effect that account is being maintained satisfactorily. Where the bank account is less than 3 months old, details of other bank accounts held by the exporter. 5. Copy of PAN Card Copy of the last income Tax Return/VAT or Sales Tax Return filed. 6. Copy of VAT/Sales Tax Registration/Exemption certificate of the merchant exporter. It is also suggested that the freight forwarder/shipping line agent should check up the details of the IEC holder by way of email or phone before delivery of the empty container. Further, the payment for the container must be received in A/c payee Cheques/RTGS. Further, if there is a case where because of some reasons the consignment is being exported in the name of some other exporter, the change of exporter/goods/destination should be allowed only after due verification on the basis of documents. Any shipping line, shipping line agents/sub-agents, container lines, container line agents/sub-agents, freight forwarders etc. found violating the provisions of this Public Notice shall also be held responsible for any export/attempt to export of prohibited goods stuffed in the containers leased out/rented out by them and will be liable for penal consequences under the customs Act, 1962. Any difficulty faced by the trade in this regard may be brought to the notice of the undersigned. Sd/- (Dr. N.K. Soren) COMMISSIONER OF CUSTOMS (PORT) CUSTOM HOUSE, KOLKATA