Standard Operating Procedure (SOP) at Integrated Check Post (ICP), Raxaul for movement of export/import cargo and transit cargo through Integrated Check Post, Raxaul - Customs - PUBLIC NOTICE NO. -03/2019

G OVERNMENT OF INDIA OFFICE OF THE COMMISSIONER, CUSTOMS (PREVENTIVE), PATNA BIRCHAND PATEL PATH, PATNA - 800 001 C. No. VIII(48)5- 13/575/ Cus/Tech/Public Notice/17/1990-2003 Dated: 11.03.2019 PUBLIC NOTICE NO. -03/2019 Sub. : Standard Operating Procedure (SOP) at Integrated Check Post (ICP), Raxaul for movement of export/import cargo and transit cargo through Integrated Check Post, Raxaul - regarding. Attention of all the Exporters, Importers Customs Brokers (CB) and traders is invited towards the Notification No. 01/2016 dated 09.06.2016 issued by this office declaring therein Customs Area with regard to the Integrated Check Post, Raxaul (hereinafter referred to as ICP ) with effect from 09.06.2016 to facilitate the bilateral trade between India Nepal and transit of goods between Nepal and third countries with ease and flawlessness under the spirit of Indo-Nepal Treaty of Transit Trade. The procedure to be followed at ICP, Raxaul for cross border movement of export/ import cargo and transit cargo between India and Nepal is as under: I. ICP provides proper infrastructure, space and facilities at one place for all the concerned agencies performing their specified jobs which are necessary in effecting clearance of goods by the Customs. Here, it is to emphasize that all movements of vehicles, passengers, export/import cargo, empty trucks/containers through ICP are to be carried out in accordance with the provisions of Customs Act, 1962, Handling of Cargo in Customs Areas Regulations, 2009(hereinafter referred to as HCCAR, 2009 ) and other Circulars/Instructions/Public Notices issued in this regard from time to time. II. At ICP, Raxaul, Export as well as Import is facilitated through Indian Customs EDI System (ICES) which is an online, real time electronic interface with trade, transport, banks, and regulatory agencies concerned with Customs clearance of export import cargo through ICEGATE. ICES is designed to exchange/transact Customs clearance related information electronically using Electronic Data Interchange (EDI). The movement of the trucks and the cargo clearance shall be as per the procedure prescribed below: 1. EXPORTS CARGO: (a) Filing of Shipping Bills / Bills of Export (under Section 50 of the Customs Act, 1962) through EDI system by the Exporter/Customs Broker: The exporter/ CB gets generated Check-List by entering details of export cargo in the EDI system through ICEGATE using their Login/ID. Uploading of relevant documents under e-Sanchit at ICEGATE will become mandatory in view of Circular No. 43/2018-Customs, dated 08.11.2018 and subsequent instruction issued by Central Board of Indirect Taxes and Customs (CBIC) vide F. No. 450/ 148/2015-Cus IV dated 19.12.2018. On submission of verified Check-List in ICEGATE, Bill of Export number is generated. This first step towards exportation may be carried at RES (Remote EDI System) or at the especially dedicated Service Centre in ICP, Raxaul. (b) Processing of Bill of Export under EDI system: Risk Management System (RMS): Under EDI system, RMS facilitates the compliant trade segregating the transactions requiring deeper scrutiny by the Customs officers. After generation of Bill of Export, EDI system sends Bill of Export to RMS for scrutiny/appraisement as per the data-base available in system. Consequent upon scrutiny, the RMS sends a Bill of Export either for appraisement or for registration with instructions for examination/ inspection. Appraisement: The RMS forwards selected Bills of Export to the Customs Superintendent for appraisement who examines the exportability of the goods in the light of Indo-Nepal Treaty of Trade, Foreign Trade Policy and the submitted license, permission etc. wherever required for exportation of goods. After scrutiny of particulars declared in the Bill of Export and verification of the same through the documents like - Invoice, Packing list etc., the Superintendent completes appraisement. If the value of export cargo is of ₹ 10.00 lakh or more, the Bill of Export so appraised by the Superintendent is automatically marked to the Deputy/Assistant Commissioner of Customs. Also in certain cases the RMS may forward a Bill of Export directly to the Deputy/Assistant Commissioner for appraisement/assessment. Apart from above, the Superintendent may also forward a Bill of Export to the Deputy/Assistant Commissioner even if the value of export cargo is less than ₹ 10.00 lakh. Payment of Export Duty if any: If export duty is applicable then the exporter has to pay Export Duty/Cess. Registration: The Bill of Export so appraised/assessed by the Superintendent and/or the Deputy/Assistant Commissioner of Customs, is marked to Inspector for registration. Those Bills of Export which are not selected for appraisement by RMS, are directly marked to the Customs Inspector for registration. The registration of export cargo is done by the Inspector. (c) Export General Manifest (EGM) filed by Transporter/CHA ( Anexure C filing): Under Section 41 of the Customs Act, 1962, EGM shall be filed after award of Let Export Order (LEO) but prior to border crossing of the export cargo laden vehicle. At ICP, Raxaul, the EDT system mandates compulsory filing of EGM (vehicle details) in specific proforma of Annexure-C by the Transporter/CHA for processing of Bill of Export. Thus, at the ICP, Raxaul, EGM is filed after generation of Bill of Export, but, before the award of LEO . (d) Arrival of Export Cargo in ICP: Only in case where Bill of Export is filed by the exporter/CHA under ED! system, the Custodian will permit the export cargo laden vehicles to enter ICP. The vehicle of export cargo at this stage is already entered in EDI system through Annexure-C filing. (e) Weighment of Exprt Cargo: Weighment of only those export cargos is to be done in respect of which specific instruction has been given by RMS or by the appraising officer. After registration and weighment (if needed) , export cargo laden vehicle will move to the Customs Area earmarked for Export. (f) Examination of Export Cargo and award of Let Export Order : . At the time of registration, RMS may select an export consignment for physical examination. Besides this, Superintendent of Customs may also recommend for such examination. As per instruction of RMS or that of the appraising officer, the Inspector examines the goods physically in the Inspection Area of Export Complex with invoice, packing list etc. Subsequent to such examination of export cargo, Examination Report is entered by him in the EDI system. The Custodian will provide all the required logistics and manpower support for examination of the export cargo as and when required by the Customs Officer. After examination of the export consignment by the Inspector, the Bill of Export is marked to the Superintendent for Let Export Order (LEO). On the basis of all the documents accompanying the Bill of Export and the examination report given by the Inspector, LEO is given by the Superintendent of Customs in respect of a particular Bill of Export. (I) Clearance of Goods from ICP: Consequent upon award of LEO , Exporter s Copy of Bill of Export is printed. On the basis of this Exporter s copy of Bill of Export, the exporter or the representative of the Customs Broker approaches the Custodian to place the export cargo laden vehicle at the border crossing point (exit gate of ICP). The Inspector at the border crossing point after being satisfied will enter the vehicle details and its crossing time in EDI and will allow the export cargo laden vehicle to cross the Customs Area (ICP) for its scheduled destination in Nepal. Consequently, EP (Export Promotion) copy of the Bill of Export will be generated. 2. IMPORTS CARGO: (a) Filing of 1GM (under Section 30 of the Customs Act, 1962) Bill of Entry (under Section 46 of the Customs Act, 1962) by the Importer/CHA through the EDI system: The Central Board of Indirect Taxes and Customs (CBIC) vide Notification No. 36/2018-Cus (NT); dated May 11, 2918 has issued the Bill of Entry (Electronic Integrated Declaration and Paperless Processing) Regulations, 2018 for paperless filing and processing of Bill of Entry (end to end paperless process for clearance of Import consignments). Accordingly, for imports, working procedure will be adopted at ICP, Raxaul as per this Regulation. Prior to the arrival of import cargo, 1GM is generated by the Importer/CB under ICES at RES or at the Service Centre located in the ICP, by filing details of goods intended for importation including details of vehicle, number of packages, weight, Bill of Lading. Also they have to upload relevant documents in E-Sanchit at ICEGATE through RES and to get IRN No. in terms of Circular No. 40/2017-Customs, dated 13.10.2017. Subsequently, on the basis of 1GM Number and IRN No., Bill of Entry will be generated. (b) Arrival of Import Cargo in ICP: Custodian allows the Import cargo laden vehicle to enter the Indian Territory (ICP) on the basis of Bill of Entry filed. As soon as such cargo enters ICP, it will be the responsibility of the Custodian for safety and security of the goods and for secure exit thereof from ICP to its scheduled destination in India. Weighment of only those import cargo is to be done in respect of which specifid instruction has been given by RMS or by the appraising officer. After weighment (if needed), import cargo laden vehicle will move to the Customs Area earmarked for Import at ICP. (c) Processing of Bill of Entry under EDI system: Risk Management System (RMS): Under EDI system RMS facilitates the compliant trade segregating the transactions requiring deeper scrutiny by the Customs officers. After generation of Bill of Entry, EDI system sends the same to RMS for scrutiny/appraisement as per the data-base available in system. Bill of Entry will be processed on the basis of declaration made by the exporter. After scrutiny, RMS sends Bill of Entry either for appraisement or for registration with instructions for examination/inspection. Appraisement: On the basis of declarations made in the Bills of Entry, RMS selectively picks up some of the Bills of Entry for appraisement and forwards the same to the Superintendent, Customs. The Superintendent appraises such selected Bill of Entry by examining importability of the goods and by scrutinizing details mentioned in the same and those contained in Invoice, Packing List, Certificate of Origin, Pragyapan Patra, Bill of Lading etc. After appraisement, Bill of Entry is automatically forwarded to the Deputy/Assistant Commissioner of Customs. Also the appraising officer may direct the Inspector for examination of the imported goods. Registration and Payment of Duty: After appraisement by the Superintendent and the Deputy/Assistant Commissioner, the Bill of Entry it marked to the Inspector. The Inspector registers Bill of Entry in EDI system only after payment of appropriate duty (if applicable). Bills of Entry not selected for appraisement are directly marked to the Inspector for registration after payment of duty, if applicable. RMS may select a few Bills of Entry for examination. Where the Bill of Entry is selected for examination either by RMS or by the Superintendent and the Deputy/Assistant Commissioner, the Importer/CB or their authorized representative will produce the cargo for its examination before the Customs Inspector who is duly assigned with this work at the Examination Area in the Import Complex. Examination of Import cargo: The Inspector physically examines the goods asper direction given by RMS or by the appraising officer in presence of Importer/CB. The Custodian will provide all the required logistics and man power support for loading and unloading of cargo as and when required by the Customs Officer during the course of examination of the import cargo. Weighment of cargo and/or drawing of samples (if any) will be carried only if the same is required and necessary direction is given in this regard by RMS or by the appraising officer. If any cargo could not be cleared on the day of arrival on account of delay in getting Plant/Animal Quarantine clearance, non- payment of duty or for any other reason, the Custodian will be responsible for security and safety of the cargo. Out of Charge: Inspector submits examination report through EDI and the Bill of Entry is marked to the Superintendent for giving Out of Charge (OOC). If the Bill of Entry is not selected for examination, Out of Charge is given by the Superintendent on the basis of relevant documents only. In case where the Bill of Entry is selected for examination, the Superintendent gives OOC on the basis of examination report submitted by the Inspector and the relevant documents. (d) Generation of Bill of Entries and Clearance of Import Goods: Print of Bill of Entry is obtained by the importer/CB at the Service Centre after OOC . At this stage the import cargo is ready for being cleared. On the basis of printed (transporter copy) Bill of Entry, the Custodian will allow the import cargo laden vehicle to exit gate of the ICP for its scheduled destination in India. Customs officer in-charge of the ICP Main Gate (towards India) will verify the Gate Pass issued by the Custodian and Out of Charge given by the Superintendent of Customs and then allow the import cargo laden vehicle to move out of the ICP. Here, the Customs officer registers the details of Bill of Entry, vehicle no. and time of exit of the same. 3. CTD IMPORT (IMPORT BY NEPAL FROM THIRD COUNTRY): (a) On arrival of the containerized or non-containerized cargo under provisions of Customs Transit Declaration (CTD), for Import under Manually processed CTD as laid under Indo-Nepal Treaty of Transit, the Customs officer will merely check the one-time-lock of the container put on it by the shipping agent or the carrier authorized by the shipping company or the Customs authorities at the sea port or during the transit. If the one-time-lock of the container found intact, the Customs officer will allow it for onward transmission to Nepal, without examination of the cargo unless there are valid reasons to do so. In case where the one-time-lock of the container is found broken or defective, the Customs officer will make due verification of the goods with the help of Custodian in the Examination Area earmarked for this purpose, to check whether the goods are in accordance with Customs Transit Declaration and conform to the import license (wherever such license is issued) and the letter of credit. If the goods are found in accordance with the CTD, he will put fresh one-time-lock and allow the same for onward transmission to Nepal. The serial number of the new one-time-lock will be endorsed on the CTD. (b) If the CTD Import Container cargo arrives with ECTS (Electronic Cargo Tracking System) e-seals under Electronic Customs Transit Declaration (e-CTD), the status of seal should be checked by using handheld device. If no alert of unauthorized un-sealing is found, the Customs officer will remove the ECTS e-seal and allow the container/ truck to move to Nepal. In case the ECTS indicates an alert about any unauthorized un-sealing, the Customs officer will make due verification of the goods to check whether the same are in accordance with e-CTD. 4. CTD EXPORT (EXPORT BY NEPAL TO THIRD COUNTRY): (a) (a) On arrival of the container cargo from Nepal, the Customs officer merely checks the one-time-lock (OTL) of the container put on it and if found intact, he allows the same for its scheduled destination in India (designated seaport), without examination, unless there is some reasonable belief to do otherwise. In case where the *onetimelock1 is found broken/defective, the officer will make due verification to check whether the goods are in accordance with the CTD. If the goods are found in accordance with the CTD, he will put a fresh one-time-lock and allow the container for its destination. The serial number of the new one-time-lock shall be endorsed on the CTD. (b) For the purpose of CTD export, facility of ECTS is yet to be operationalized at ICP, Raxaul. 5. Entry and exit of Indian empty vehicles after unloading of exported goods in Nepal: After unloading of export cargo in Nepal, the empty Indian vehicles will be allowed to enter into the Indian Territory in Lane No.-7 and will exit from ICP without any diversion into other areas/lanes of ICP. 6. Entry and exit of Nepalese empty vehicles Intended to enter Nepal : Nepal bound Nepalese empty vehicles will take the course of Lane No. -4 of ICP and will cross the border without any diversion into other areas/lanes of ICP. III. GENERAL COMPLIANCE BY PARTICIPATING GOVT. AGENCIES (PGAs): In the ICP, it is not only the duty of the Customs Officers to clear the export bound cargo smoothly, but, the Custodian and the other stakeholders are also responsible to perform their assigned jobs in flawless manner so that all the exports/imports are carried out promptly and swiftly. In the third meeting of the National Committee on Trade Facilitation (NCTF) chaired by the Cabinet Secretary held on 12.02.2018, it has been decided that Customs would be the lead agency responsible at Ports and representatives from all PGAs are to work under the administrative control of the senior most Customs officer posted there for efficient clearance of export/import related cargo. Any export Consignment should not be stopped in ICP by any person/authority without prior written permission of the Deputy/Assistant Commissioner of Customs, in-charge of Customs at ICP or the Superintendent of Customs authorized by the Deputy/Assistant Commissioner of Customs. For clearance of the export or import cargo through ICP, the provisions laid under Customs Act, 1962, HCCAR, 2009, other allied Acts, Foreign Trade Policy and Circulars/ Instruction/ Public Notices issued thereunder from time to time are to be followed scrupulously. In this regard instructions contained in Public Notice No. 02/2013 dated 15.03.2013 issued by this office should be adhered. Various agencies functioning at ICP, Raxaul and performing their statutory jobs are as under: (i) Land Port Authority of India Limited (LPAI): As per Land Ports Authority of India Act, 2010, LPAI is to look after the management of facilities for cross border movement of goods and passengers through the ICP. In its capacity, LPAI is responsible for: Upkeep/maintenance of infrastructure, equipments, computers peripherals furniture, furnishings etc. in various buildings and offices at ICP; Providing medical facilities for drivers/cleaners in case of exigency and Earmarking proper parking area for the Customs borkers/CHAs of CBs/Importers/Exporters, Empty and loaded Indian vehicles. (ii) Border Guarding Force i.e. (hereinafter referred to as As Border Guarding Force along the Indo-Nepal Border, SSB is responsible for security safety of the Customs notified area/ premises of the ICP. (iii) Other PGAs like Immigration, Plant Quarantine, Food Safety and Standards Authority of India, Banks etc. will work in accordance with relevant statutory provisions. IV. RESPONSIBILITY OF THE CUSTODIAN: (a) Vide Notification No. 01/2017 dated 03.11.2017 issued by this office, M/s. Balmer Lawrie Company Ltd. has been appointed as the Custodian and Customs Cargo Service Provider , so it will comply all the provisions of Handling of Cargo in Customs Area Regulation, 2009. (b) As per the provisions of HCCAR, 2009 read with Customs Act, 1962 and Notification No. 01/2017 dated 03.11.2017 issued by this office, the Custodian has been made responsible to ensure prohibition of unauthorized access of persons in the Customs Area earmarked for Export/ Import i.e. the Export/Import Complex. (c) For their services like - Entry-cum-Parking, Weighment, Storage, Examination and Cargo handling, the Custodian charges fixed amount for rendering of such services. . (d) The Custodian will provide sufficient number of labour and machinery for loading/ unloading of import/ export cargo. (e) Custodian has been assigned with the job of ensuring safety security of cargo during the period it remains in ICP. The Custodian has indemnified Customs for any damage or loss suffered to any export/import cargo till its exit from ICP for its scheduled destination. Therefore, as soon as export/ import cargo enters ICP, it will be the responsibility of the Custodian for safety and security of the goods and for secure transit thereof from ICP, Raxaul. (f) In terms of section 45(2) of the Customs Act, 1962 read with Regulation 6(f) of HCCAR, 2009 and Para 4(f) of the Notification No. 01/2017 dated 03.11.2017 issued by this office, the Custodian will not permit the goods to be removed from the Customs area or otherwise dealt with, except under and in accordance with permission in writing of the proper officer of Customs. The Custodian will allow clearance/removal of only those vehicles laden with export/import cargo in respect of which Let Export Order / Out of Charge has been given by the proper officer of Customs. Also under no circumstance the Custodian can withhold clearance/removal of vehicles laden with export/import cargo in respect of which Let Export Order / Out of Charge has been given. VI. Hours of Operation of ICP, Raxaul : It will be as per mutually agreed time schedule decided by Indian Customs and Nepalese counterpart. VII. General: (a) This Public Notice lays down the procedure for clearance of goods intended for export/import from/into India. In case of any dispute, the relevant statutes will be referred to and provisions laid therein will prevail. (b) For any further clarification, Exporter/Importer/CHA and all the other concerned may contact the Deputy/Assistant Commissioner, Land Customs Station, Raxaul who is also in-charge of Customs in ICR (c) A detailed Standard Operating Procedure (SOP) in respect of cross border movement of daily commuters/passengers will be notified separately. (d) This Public Notice is subject to the changes made by the Board/Ministry from time to time. (V. P. ShukIa) Commissioner Customs (Preventive), Patna