Clearance of Passenger Baggage at Cruise Terminal - Customs - TRADE FACILITY PUBLIC NOTICE No. 05/2018 /27.09.2018

GOVERNMENT OF INDIA OFFICE OF THE PRINCIPAL COMMISSIONER OF CUSTOMS (GENERAL) Preventive Service Office, New Customs House, Ballard Estate, Mumbai- 400 001 F. No. S/43-26S/2017-18 P (M) Date: 26.09.2018 TRADE FACILITY PUBLIC NOTICE No. 05/2018 /27.09.2018 Subject: Clearance of Passenger Baggage at Cruise Terminal - regarding. Attention of International Cruise Passengers and Public is invited to the Baggage Rules, 2016, issued vide Notification No. 30/2016- Customs (N.T.) dated 01.03.2016 , as amended by Notification No-43/2016- Customs (N. T) dated 31.03.2016 , read with corrigendum dated 01.04.2016. 2. For the guidance of International Cruise Passengers, attention is also invited to Notification No. 90/2013 Cus (NT) dated 29.08.2013 , CBEC notifying the Customs Baggage Declaration Regulations, 2013', read with Customs Baggage Declaration (Amendment) Regulations, 2016, issued vide Notification No.31/2016 - Customs (N. T.) , The amended regulations prescribe that all passengers who come to India and have anything to declare or are carrying dutiable or prohibited/restricted items shall declare their accompanied Baggage in Form-I appended to the regulation. Further, vide corrigendum dated 10.09.2013 to said Notification, the Form - I has been amended so as to include details of prohibited/ restricted items, Duty free allowance limits applicable to different categories of passengers for guidance. A copy of the said Declaration Form, along with corrigendum, is annexed herewith for reference. 3. Advanced Baggage Declaration: The facility of online submission of advanced baggage declaration has been provided for the Cruise Passengers. The Cruise Passenger will also file electronically advanced baggage declaration over the internet through copies of the scanned Baggage declaration duly signed by the passenger 48 hours in advance. The scanned copies of the declaration will be digitally signed by the Customs Agents and submitted to the Superintendent A-Division through email (which will be notified in due course). The advanced Baggage declaration would enable advanced processing of the declarations by Customs and reduce the time required in clearance of the baggage at the RED CHANNEL counters. All other documents, such as passenger manifests will also be filed by the Customs Brokers/ Agents online electronically through digitally signed copies of the documents relating to the International Cruise, at least a week in advance of arrival. 4. Two Channel System : Accordingly, in order to facilitate the Cruise Passengers at the Mumbai Cruise Terminal, a Two-Channel System is being adopted: I. GREEN CHANNEL , for passengers not having any dutiable goods and within the free allowance or not carrying any prohibited goods. II. RED CHANNEL , for passengers having dutiable goods, prohibited / restricted goods or goods exceeding the free allowance. 4.1 The International Cruise Passengers disembarking at Mumbai Terminal are required to check the free allowance and the value of dutiable goods being carried, as per the limits on the date of arrival and approach the channels accordingly. Only the Cruise Passengers, who have submitted advanced baggage declaration over the internet, or are not sure whether the accompanied baggage is within the free allowance limit, must report at one of the RED CHANNEL Counters, with their accompanying baggage. If the value of dutiable goods possessed is less than the admissible free allowance or no prohibited / restricted item are being carried or where there is nothing to declare then Cruise Passengers can walk through the GREEN CHANNEL. 4.2 At the GREEN CHANNEL Counter, based upon the risk profiling or intelligence or random interdiction, some Cruise Passengers may be stopped at the Exit Gate and interviewed by the Customs Officers and if required, diverted to the RED CHANNEL COUNTER for further examination of their baggage. 4.3 Customs duty on baggage is presently charged at the rate of 35% of the value of the goods (beyond your duty-free allowance) (as notified vide Notification No. 26/2016-Customs, dated 31.03.2016 further any changes in the duty will be notified accordingly) along with a Social Welfare Surcharge of 10% (vide clause 108 of the Finance Bill, 2018), total working out to be 38.5% of the value of the goods (beyond your duty-free allowance). After assessing the goods on the basis of information provided by the Passenger, a challan would be prepared by the Customs Officer providing the calculation of duties to be paid. The Passenger or his Agent can pay the duty at the Bank counter in the Cruise Terminal, before release of the baggage. Customs directly doesn't collect any dues and no other person is authorized to collect the Customs duty 4.4 Walking through the Green Channel is accepted as a declaration that the Passenger does not possess any prohibited or restricted item and have goods within the admissible free allowance. Contravention of the Green channel facility shall invite heavy Penalty and may result in confiscation of the goods also. 5. Free Allowances for Passengers -Under the existing Baggage Rule, 2016, as amended regularly, a Cruise Passenger who is an Indian resident or a foreigner residing in India or a tourist of Indian origin, not being an infant arriving from any country other than Nepal, Bhutan or Myanmar, shall be allowed clearance free of duty articles in his bona fide baggage, that is to say, - (a) used personal effects and travel souvenirs; and (b) articles other than those mentioned in Annexure-I, upto the value of fifty thousand rupees . provided these are carried on the person or in the accompanied baggage of the passenger. In the above cases the free allowance of a passenger shall not be allowed to pool with the free allowance of any other passenger. 5.1 For a passenger (other than member of crew) of 18 years or above one laptop computer falling under tariff item 98030000 of the First Schedule to the Customs Tariff Act, 1975 is allowed which is exempted from whole of the customs duty. 6. Prohibited and Restricted Goods - Cruise Passengers are also advised not to bring any Prohibited / Restricted items, defined as any goods, the import or export of which is subject to any prohibition under the Customs Act, 1962 or any other law for the time being in force. Import and export of some specified goods may be restricted/ prohibited under other laws such as Foreign Trade (Development and Regulation) Act, Foreign Trade Policy Environment Protection Act, Wild Life Act, Indian Trade and Merchandise Marks Act, Arms Act, etc. Prohibition under those acts will also apply to the penal provisions of the Customs Act, rendering such goods liable to confiscation under Section 111 (d) of the Customs Act (for import) and 113 (d) of the Customs Act (for export). 6.1 Some of the prohibitions and restrictions both for imports and exports are listed below: Prohibited items: Pornographic and obscene materials. Maps and literature where Indian external boundaries have been shown incorrectly Narcotic Drugs and Psychotropic Substances Counterfeit goods and goods violating any of the legally enforceable intellectual property right Chemicals mentioned in Schedule I to the Chemical Weapons Convention of 1993 Wild life products Specified Live birds and animals Wild animals, their parts and products Exotic birds except a few specified ones Beef, tallow, fat / oil of animal origin Specified Sea-shells Human skeleton Restricted items: Telephone and Telephony equipment of restricted frequencies Arms and ammunition Plants and their produce, Seeds Medicines and drugs Animals such as Camel, Horses, Cattle etc Semi processed hides and skins. Silk worms, silk worm seeds and cocoons Family Planning Devices (NOC from Ministry of Health) Vintage products, replicas of antiques or weapons Sand and soil Whole human blood plasma and certain products derived from human blood Sandal-wood (except handicraft products oil) In addition, foreign currencies in excess of permissible limits, certain items of edible consumption in excess of bona fide personal use are not allowed to be exported. 7. Import of Foreign Exchange / Currency : Cruise Passengers can bring into India, foreign exchange/ currency without any limit . However, declaration of foreign exchange/ currency is required to be made in the prescribed Currency Declaration Form (CDF) in the following cases: a. Where the value of foreign currency s exceeds US$ 5000/ or equivalent b. Where the aggregate value of foreign exchange (in the form of currency, travellers' cheques etc.) exceeds US$ 10,000/- or its equivalent. 8. Currency Declaration : Cruise Passengers may approach RED CHANNEL Counter for declaration of foreign currency. The Customs Officer will issue a certificate in the form of Currency Declaration Form (CDP) in prescribed Proforma after verifying the currency, traveller's cheques etc. Passenger declaring currency has to sign in the Register in acknowledgement of receiving the CDP. 9. Import of Indian Currency as baggage : Cruise Passengers may note that the import of Indian Currency is prohibited, however, in the case of passengers normally resident in India who are returning from a visit abroad, import of Indian Currency not exceeding ₹ 25000/- is allowed. 10. Jewellery : A passenger residing abroad for more than one year, on return to India, shall be allowed clearance free of duty in his bona fide baggage of jewellery upto a weight, of twenty grams with a value cap of fifty thousand rupees if brought by a gentleman passenger, or forty grams with a value cap of one lakh rupees if brought by a lady passenger. The jewellery which is in addition to the jewellery otherwise allowed without payment of duty (under the Baggage Rules) is liable to payment of duty under the scheme for import of gold. 10.1 The passenger coming with the gold / silver should report at the Red Channel and make his declaration there. The Customs Officer would take the oral declaration from the passenger and there after weigh the same. If eligible entry about the same would be made in the Gold/ Silver Register maintained at the counter. There after the duty at applicable rate is charged from the passenger in convertible foreign currency. 11. Import of Gold as Baggage: Any passenger of Indian Origin or a passenger holding a valid passport, issued under the Passport Act, 1967, who is coming to India after a period of not less than six months of stay abroad; and short visits, if any, made by the passenger during the aforesaid period of six months shall be ignored if the total duration of stay on such visits does not exceed thirty days. Other Conditions required to be fulfilled are: a. The duty shall be paid in convertible foreign currency. b. The weight of gold (including ornaments) should not exceed I kg per passenger. c. The passenger should not have brought gold or other ornaments during any of his visits (short visits) in the last six months i.e. he has not availed of the exemption under this scheme, at the time of short visits. d. Ornaments studded with stones and pearls are not allowed to be imported. e. The passenger can either bring the gold himself at the time of arrival or import the same within fifteen days of his arrival in India as unaccompanied baggage. f. The passenger can also obtain the permitted quantity of gold from Customs bonded warehouse of State Bank of India and Metals and Minerals Trading Corporation subject to conditions (i) and (ii) above. He is required to file a declaration in the prescribed Form before the Customs Officer at the time of arrival in India stating his intention to obtain the gold from the Customs bonded warehouse and pay the duty before clearance. The duty rate is notified by the Govt. from time to time through Non-Tariff Notifications of Customs at the website www.cbic.gov.in. 12. Import of silver as Baggage : Any passenger of Indian origin (even if a foreign national) with a valid passport issued under the Passport Act, 1967 can import silver provided the weight of silver (including ornaments) should not exceed the quantity of 10 kgs per passenger. Provided such passenger is coming to India after a period of not less than six months of stay abroad. However, short visits during these six months shall be ignored if the total duration of such short visits does not exceed 30 days and the passenger has not availed of the exemption under this scheme, at the time of such short visits. Provided the duty as notified by the Govt. from time to time through Non-Tariff Notifications of Customs is paid by the passenger in convertible foreign currency. 12.1 Ornaments studded with stones and pearls will not be allowed to be imported under the scheme. The passenger can either bring the silver himself at the time of arrival or import the same within fifteen days of his arrival in India. 13. Application Of these rules to members of the crew: (1) These rules shall also apply to the members of the crew engaged in a foreign going conveyance for importation of their baggage at the time of final pay off on termination of their engagement. (2) Notwithstanding anything contained in sub-rule (1), a member of crew of a vessel or an aircraft other than those referred to in sub-rule (1), shall be allowed to bring articles like chocolates, cheese, cosmetics and other petty gift items for their personal or family use which shall not exceed the value of one thousand and five hundred rupees. 14. Passengers leaving for Shore leave and Overland journey : Passengers, who are intending to take shore leave or planning for an overland journey, need to submit details of dutiable goods/ currency carried with them at the Customs counter, along with photocopy of their passport, for necessary verification. On verification, the Customs officer will return original copy of the declaration duly endorsed by him and will keep duplicate copy along with the photocopy of passport for further. 14.1 At the time of return from shore leave, the Customs officer to be shown the original copy of declaration and the officer, after due verification, will endorse both the original and duplicate copy of the declaration and hand over the original copy of the declaration to the passenger. 14.2 The declaration submitted by the passenger leaving for overland journey will be communicated to the port of boarding by the shipping agent for necessary verification. All concerned are directed to take note of the above provisions and comply with the requirements therein. Difficulties if any, on implementation of the above may be brought to the notice of the undersigned. (S. K. DAS) Principal Commissioner of Customs (General)