Reduction of Time Gap Between Berthing Of Vessel And Ent Inwards, - Customs - FACILITY NOTICE NO. 240/2017

GOVERNMENT OF INDIA MINISTRY OF FINANCE, DEPARTMENT OF REVENUE OFFICE OF THE PRINCIPAL COMMISSIONER OF CUSTOMS, CHENNAI-III COMMISSIONER CUSTOMS HOUSE, 60, RAJAJI SALAI, CHENNAI 600001 F.NO.S.Misc.234/2014-PREV Date: 10.11.2017 FACILITY NOTICE NO. 240/2017 Sub: Reduction of Time Gap Between Berthing Of Vessel And Ent Inwards, Reg. Attention of the Members of Trade and Industry, Shipping lines, Port Terminal Operators and all other stakeholders is invited to Section 30 (delivery of Import Manifest) and Section 31 (Imported goods not to be unloaded from vessel until entry inwards granted) of the Customs Act, 1962. Attention is also invited to Public Notice No 03/2016 Dated 04.07.2016 Issued by Chennai Customs. For the sake of reference, Section 30 31 of Customs Act, 1962 are reproduced below: Section 30: Delivery of import manifest or import report. - (1) The person in-charge of- (i) a vessel; or (ii) an aircraft; or (iii) a vehicle, carrying imported goods or any other person.as may be specified by the Central Government, by notification in the Official Gazette, in this behalf shall/ in the case of a vessel or an aircraft, deliver to the proper officer an import. manifest prior to the arrival of the vessel of the aircraft, as the case may be, and in the case of a vehicle, an import report within twelve hours after its arrival in the customs station, in the prescribed form and if the import manifest or the import report or any part thereof, is not delivered to the proper officer within the time specified in this sub-section and if the proper officer is satisfied that there was no. sufficient cause for such delay, the person-in-charge or any other person referred to in this sub-section, who caused such delay, shall be liable to a penalty not exceeding fifty thousand rupees Provided that,- (a) in the case of vessel or an aircraft, any such manifest may be delivered the proper officer before the arrival of the vessel or aircraft; (b) if the proper officer is satisfied that there was a sufficient cause for not delivering the import manifest or import report or any part thereof within the time specified in this sub-section, he may accept it at any time-thereafter. (2) The person delivering the import manifest or import report shall at the foot thereof make and sub Scribe to a declaration as to the truth of its contents. (3) If the proper officer is satisfied that the import manifest or import report is in any way incorrect or incomplete, and that there was no fraudulent intention, he may permit it to be amended or supplemented. Section 31 read as: Section 31: Imported goods not to be unloaded from vessel until entry inwards granted.- (1) The master of a vessel shall not permit the unloading of any imported goods until an order has been given by the proper officer granting entry inwards to such vessel. (2) No order under sub-section (1) shall be given until an import manifest has been delivered or the proper officer is satisfied that there was sufficient cause for not delivering it. (3) Nothing in this section shall apply to the unloading of baggage accompanying a passenger or a member of the crew, mail bags, animals, perishable goods and hazardous goods. 2. thus, on a co-joint reading of sections 30 and 31, it is clear that the vessel can start unloading the goods only after an order/permission/permit led Entry Inward is granted by the Customs following submission by the Master or Shipping Agent of the import manifest containing details of the cargo on board the vessel 3. The Customs Act provides for filing of IGM in advance of vessel's arrival (Advance IGM). It also provides for filing of a B/E prior to arrival/import of goods. These measures are aimed at ensuring that the documentation etc. is completed well in advance so that the clearance of goods can be expedited. It has been represented that there is a time gap between the berthing of vessel and commencement of vessel operation (unloading of cargo), as the Entry Inwards is granted only after completion of Boarding formalities by the Boarding Officer. As per the extant procedure, the Entry Inwards is granted by the Boarding Officer after completion of boarding formalities. 4. In order to expedite the grant of Entry Inward, it has been decided to delink Entry Inwards with the physical act of boarding the vessel by the boarding officer and then granting Entry Inwards in the system. A message regarding the reporting of the vessel at the 'Pilot Station'/ 'Boarding of the Pilot' by the 'Port Control Room' Marine Department, CHPT from the Master of the vessel and after recording the same in their (CHPT) log books and the Vessel Traffic Services (VTS). There shall be an automatic message flow / exchange or an e-mail by the 'Port Control Room' to the Customs Boarding Office informing the arrival / reporting of the vessel giving the relevant details of vessel which are required for grant of Entry Inwards. Further, when the Shipping Lines / Shipping Agents inform the port authorities of the arrival of the vessel, they should also simultaneously inform Customs Boarding Office with relevant details. On receipt of message / documents, the boarding officer shall grant entry inward without any delay and the time of giving entry inwards shall be taken as time of arrival of vessel. 5. As per the above procedure, the event of 'Entry Inwards' wilt be advanced to the point of reporting of the vessel at the Pilot Station' / Boarding of the Pilot', the event of 'Entry Inwards' in the process of arrival of vessel and clearance of imported goods is likely to be advanced. Thus, enabling the vessels to discharge immediately after berthing. 6. The Boarding Officer shall complete the Boarding formalities like verifying of relevant documents and carrying out necessary checks immediately after arrival of vessel; and will take necessary action for any variation / shortcomings / mis-declaration, if any irrespective of the fact that Entry Inward has already been granted in the system. Any difficulties experienced in this regard may be brought to the notice of undersigned immediately. (RAJAN CHODHARY) COMMISSIONER OF CUSTOMS CHENNAI-III