Import of wireless equipment by Telecom Service Providers (TSPs) on the basis of self-declaration. - Customs - Instruction No. 23/2021-Customs

Instruction No. 23/2021-Customs F.No.401/74/2021-Cus-III Government of India Ministry of Finance Department of Revenue (Central Board of Indirect Taxes Customs) North Block, New Delhi Dated 23rd November, 2021 To, All Principal Chief Commissioners/Chief Commissioners of Customs/Customs (Preventive), All Principal Chief Commissioners/ Chief Commissioners of Customs Central tax, All Principal Commissioners/ Commissioners of Customs/ Customs (Preventive), All Principal Commissioners/ Commissioners of Customs Central tax, Subject: - Import of wireless equipment by Telecom Service Providers (TSPs) on the basis of self-declaration-reg Madam/Sir, Reference is invited to the Department of Revenue Notification No. 71 dated 25.09.1953, as amended, relating to restriction on import of wireless equipment. 2. The above said Notification, inter-alia, allows import of transmitting apparatus and of receiving apparatus incorporated in a single unit with transmitting apparatus , only by the persons who have been licensed to import such apparatus, by the Ministry of Telecommunications. 3. As a part of the Ease of Doing Business initiative, the Department of Telecommunications (DoT) vide OM F.No. R-11017/02/2021-PP, dated 21.10.2021 (copy enclosed), has eased the manner of licence processing for import of wireless equipment by Telecom Service Providers. As per the modified procedure, importers shall apply to DoT thirty days prior to the arrival of shipment. On such application, the licence can be automatically generated on self-declaration basis by the importer through a portal developed by DoT named Saralsanchar. The full procedure prescribed by DoT is as follows: (a) Applicant shall submit all the relevant details on Saralsanchar Portal atleast 30 days in advance from the date of destination port entry. Applicant can immediately download a system generated certificate after online payment of fees of ₹ 500 and self-declaration. (b) For applications made within 30 days of the date of destination port entry, online fees of ₹ 5000 shall be payable. In such cases the completed application shall be authenticated by the Department. The applicant can download system generated certificate after 48 hours of application. (c) This certificate shall be accepted by the Customs authorities. In case of violation of any conditions mentioned in the self-declaration, the certificate generated will be cancelled and may entail appropriate action under applicable law. 4. The said facility has been made available with effect from 15.11.2021. While integration with ICEGATE for transmission of WPC licences/approvals is underway, the Customs Officers can verify the authenticity of the certificate by scanning the QR code in the certificate to get an appropriate link to verify details of such certificate on Saralsanchar Portal. A sample copy of Import certificate generated from the system is attached for ready reference 5. It is requested that the officers under your jurisdiction may be suitably sensitized on the above modified procedure. Difficulty, if any, may be brought to the notice of the Board. 6. Hindi version follows. Encl: As above Yours faithfully, (Kevin Boban) Under Secretary to the Government of India New Delhi, the 25th September, 1953 S.R.O. 1815. - In exercise of the powers conferred by section 19 of the Sea Customs Act, 1878 (VIII of 1878), and in supersession, with effect from the 15th October, 1953, of the notification of the Government of India in the Finance Department (Central Revenues), No. 55-Customs, dated the 9th December, 1933, the Central Government hereby restricts with effect from the 15th October, 1953, the bringing into India of apparatus for wireless telegraphs as follows :- (a) In the case of transmitting apparatus and of receiving apparatus incorporated in a single unit with transmitting apparatus, to persons who have been licensed to import such apparatus by the Ministry of Communications in Form I, annexed hereto; (b) in other cases, to persons who apply to a customs officer to Import the same in Form II, annexed hereto : Provided that in the case of wireless receiving apparatus imported by post the customs officer may dispense with the application referred to in clause (b). FORM I Registered No. . Dated . 19 . LICENSE TO IMPORT TRANSMITTING APPARATUS FOR WIRELESS TELEGRAPHS INTO INDIA In pursuance of Notification No. .-Customs, dated the ... issued under section 19 of the Sea Customs Act, 1878 (VIII of 1878), the Ministry of Communications of the Government of India (hereinafter called the Ministry) hereby grants to .. of .. (hereinafter called the Licensee), during the term or period commencing on the day of the date hereof, and terminating on the 31st day of December, 19 . when, the licence expires and becomes invalid unless renewed by endorsement thereon under the hand of the Ministry, license and permission to import at .. the following transmitting apparatus for wireless telegraphs :- for Ministry of Communications The .. day of .19 .. Signed by the Licensee . ... in the presence of ... The day of .. 19 . . (Reverse). NOTICE The licensee must produce this license to the Customs Authorities whenever wireless transmitting apparatus is being imported in order that the necessary details may be inserted in the form below by the Customs Authorities on each occasion when such licensed apparatus is imported. Date Invoice No. Real value for customs of Licensed Apparatus Imported Rs. Name and address of Consignee when other than the Importer Custom Stamp N.B. - This license should be returned to the Ministry of Communications, New Delhi, for renewal at least one month before the date on which it is due to expire together with the renewal fee of Rs. 10 by Money Order and application stating the registered number and date of the license. FORM II APPLICATION TO IMPORT WIRELESS RECEIVING APPARATUS INTO INDIA NOT to be used for Transmitting Apparatus. (1) Name and Address of Owner : (2) Name and Address of Importer when he is not also the owner : (3) Description of apparatus to be imported : Value : Rs. Number of complete wireless receivers : ...... I hereby certify that the above is correct to the best of my knowledge and belief. Date . . (Signature of Importer) Notice. - Under the Indian Wireless Telegraphy Act, 1933, and the Indian Telegraph Act, 1835, a license is required for the possession or for the establishment, maintenance and working of wireless apparatus in India. To be signed by the customs officer and forwarded to the Ministry of Communications, New Delhi. Importation permitted . (Customs Officer) Customs Stamp [Department of Revenue Notification No. 71, dated 25-9-1953] Enclosure-2 Government of India Ministry of Communications Department of Telecommunications Wireless Planning and Coordination (WPC) Wing Sanchar Bhawan, New Delhi-110001 File No. R-11017/02/2021-PP Dated : 21st October, 2021 OFFICE MEMORANDUM Subject : Import of wireless equipment by Telecom Service Providers (TSPs) on the basis of self-declaration. In supersession of existing procedures, henceforth the TSPs will be permitted to import wireless equipment based on self-declaration as per the following procedure : (a) Applicant shall submit all the relevant details on Saralsanchar Portal atleast 30 days in advance from the date of destination port entry. Applicant can immediately download a system generated certificate after online payment of fees of Rs. 500 (Rupees Five Hundred only) and self-declaration. (b) For applications made within 30 days of the date of destination port entry, online fees of Rs. 5000 (Rupees Five Thousand only) shall be payable. In such cases the completed application shall be authenticated by the Department. The applicant can download system generated certificate after 48 hours of application. (c) This certificate shall be accepted by the Custom Authorities, in case of violation of any conditions mentioned in the self-declaration, the certificate generated will be cancelled and may entail appropriate action under applicable law. 2. Department of Revenue/Customs will have suitable access of Saral- sanchar Portal for cross-verification. 3. The above facility on Saralsanchar portal will be made available w.e.f. 15 November, 2021. This is issued with the approval of the competent authority. Sd/- (M. Revathi) Sr. Dy. Wireless Adviser Ministry of Communications Department of Telecommunications Regional Licensing Office (NR) Northern Regional Wireless Monitoring HQRS Campus, Mehrauli Gurgaon Road, New Delhi - 110030 Import Certificate No. : IMP-SD-20211116026 Valid from 16-12-2021 Upto 16-6-2022 CERTIFICATE TO IMPORT WIRELESS TRANSMITTING AND/OR RECEIVING APPARATUS INTO INDIA by TELECOM SERVICE PROVIDERS (TSPs) In pursuance of Notification No. 71-Customs, dated September 25, 1953 issued under Section 19 of the Sea Customs Act, 1878 (VIII of 1878) and Department of Telecom O.M. No. R-11017/02/2021-PP, dated 21-10-2021, the Ministry of Communications of the Government of India hereby issues to the following TSP : M/s. BSNL BSNL, New Delhi, DELHI-110001 The certificate and permission to import the following Wireless Equipments at MUMBAI Sl. No. Type of Equip-ment Make Model Qua-ntity TX Freq Range(MHz) RX Freq Range(MHz) ETA No. 1 Trans-ceiver sasa asas 2 1939.000000-1 970.000000 2129.000000-2 130.000000 el234 Terms and Conditions : (1) This is only a clearance from technical angle and does not pertain to administrative and/or financial aspects of Import. (2) The equipments should be used as per DoT agreement No. AAAAA dated 25-10-2020 and frequency assignment letters issued by WPC wing. (3) The Certificate is liable to be cancelled and the concerned TSP is liable to be prosecuted under applicable law(s) in case of providing false declaration/information during the process of obtaining this certificate. (4) Empowered officers of Wireless Planning and Coordination (WPC) Wing and Wireless Monitoring Organization (WMO) may carry out technical inspection of the equipments being imported and deployed, as per the established procedure/ rules. Note : This is system-generated certificate (from saralsanchar.gov.in) generated on 16-11-2021. Hence, no signature is required.