Issues hampering prompt filing of Courier Bill of Entry - Requirement of proper KYC and NOC from Participating Government Agencies like WCCB and PQ etc. — Reg. - Customs - PUBLIC NOTICE NO. 02/2023

OFFICE OF THE PRINCIPAL COMMISSIONER OF CUSTOMS AIRPORT AND AIR CARGO COMMISSIONERATE MENZIES AVIATION BOBBA TERMINAL Devanahalli, Bengaluru 560 300 Email ID: [email protected] / [email protected] File No: GEN/TECH/MISC/3113/2021-TECH Date : 11.01.2023 PUBLIC NOTICE NO. 02/2023 Subject : Issues hampering prompt filing of Courier Bill of Entry - Requirement of proper KYC and NOC from Participating Government Agencies like WCCB and PQ etc. Reg. 1. It has been observed that concerns, doubts and grievances have often been raised by individuals regarding delay in filing the Courier Bill of Entry due to mismatch of KYC documents submitted by importer and also in cases involving NOC from other Agencies like WCCB etc. 2. Regarding issues/doubts related to KYC documents submitted by importer, Authorized Couriers shall immediately report the issue to the Customs (Deputy Commissioner Courier) instead of keeping the matter pending/repeatedly seeking same set of documents from importer and thereby delaying filing of Courier Bill of Entry. Example of a case there was unnecessary delay in filling the Courier Bill of Entry is cited below : On 17 June 2022 the shipment arrived at International Courier terminal Bengaluru. On 18 June, the authorized Courier tried to upload the Bill of Entry but could not file it as IEC and GSTIN linkage was showing an error. Authorized courier tried to reach the customer to explain the technical issue from 18.06.22 to 19.06.2022 but the importer had not responded. On 20 June, the process to check the technical glitch from DGFT/ICEGATE for the IEC and GSTIN linkage issue was explained. On 24th June,the Authorized Courier received an update from the importer te. IEC and GSTIN was linked and he asked them to verify but the same was not found to be linked. Further, the package was abandoned in their system by authorized courier after a stipulated period. On 2nd Oct, on receipt of the grievance from Customs Office, the Authorized Courier filed the Bill of Entry as the linkage issue had been resolved. On 6 th October the Bill of Entry was regularized on system as CBOE was processed after 30 days on paying Section 48 charges. On 7 Oct the shipment was assessed and cleared by Customs. Had it not been brought to the notice of Customs, the imported item could have been disposed as uncleared/unclaimed under Section 48 of the Customs Act, 1962. 3. Regarding the issue of NOC from other agencies, attention is invited to following para of the Courier Imports and Exports (Electronic Declaration and Processing) Regulations, 2010 : (2) These regulations shall not apply to: (a) The following imported goods requiring testing of samples thereof or reference to the relevant statutory authorities or to experts before their clearance, namely: - (i) animals and parts thereof, plants and parts thereof; (ii) perishables; (iii) publications containing maps depicting incorrect boundaries of India; (iv) precious and semi-precious stones, gold or silver in any form; As per courier regulations, import of the above items is not allowed through courier mode. However, if such items are still imported through courier mode then Authorized Courier shall take necessary action as soon as the goods land. In case of any doubt regarding applicability of NOC from other agencies, the authorized courier should immediately put up the matter to Customs (Deputy Commissioner Courier) so that necessary decision may be taken at earliest without delaying filing of Courier Bill of Entry. An instance where unnecessary delay was there- In one particular import, the authorized courier insisted for NOC from WCCB for Wildlife Protection Act, 1972 and CITES before filling Courier Bill of Entry and Bill of Entry was not being filed; however, the importer had already provided necessary documents for non-applicability/ Waiver of the NOC from concerned agencies. The BoE was filed on intervention of Customs after a gap of 44 days. In another instance, the shipment arrived on 22nd June 2022. Bill of Entry (BoE) was not filed by the authorized courier as they were under impression that NOC from Animal Quarantine Certification Services (AQCS) is required. After nearly two months, on importer s request authorized courier filed BoE and sent a copy for NOC to AOCS on 26 th Aug. On 27th August, AQCS sent an email confirmation stating NOC is not required for the shipment. 4. Thus, the authorized Courier should not delay in filing the CBoE and should immediately seek clarification from DC incharge of Courier through email with complete facts in case of any doubts. Further, Authorized Courier should not mislead/misinform the importer stating that Courier Bill of Entry is not being filed as documents are requested by Customs. Authorized Courier should update and inform the importer as to the factual status only and that the documents- are being asked by them (the authorized Courier) under relevant notification/rules prior to filing of BoE. Any clearance requests submitted with Authorized Courier by importers should be immediately produced before Deputy Commissioner in charge of Courier without any undue delay. 5. The consignments should be presented to Customs for examination only after the CBoE is filed by the authorized courier. No open examination or inspection of shipments will be done by Customs if the CBoE has not been filed. Risk Management System provides specific instructions for the Appraising Officer, Examining Officer or the Out-of-Charge Officer. The instructions communicated by the RMS on the need for assessment and/or examination shall be meticulously followed by Officers processing the CBoE. Customs will do physical examination of the consignment/shipment for which the RMS has given instructions to examine. The Customs Officers will not examine any RMS facilitated CBEs unless there is a suspicion about the contents and this examination which may be required should be done only after taking necessary permission and approval of the Deputy Commissioner in charge of Courier. The packages that are physically examined by Customs should after completion of examination be packed and taped securely by the authorized Courier/Custodian with a distinctive tape having following print; examined by Customs or opened for Customs to differentiate from packages that have been cleared without a physical examination by Customs. All Courier shipment meant for clearance should be scanned by Customs (100%). 6. In all such cases where the delay in filling of Courier Bill of Entry is due to negligence on behalf of Authorized Courier, the Customs late filing charges and the Custodian s demurrage charges would be borne by the authorized courier themselves. 7. The above is brought to the notice of all the concerned stakeholders. Difficulties, if any, may be brought to the notice of the Deputy Commissioner of Customs, International Courier Terminal, Plot No. C19, Express Cargo Terminal, KIAL, Devanahalli, Bengaluru-560300 through mail id - [email protected] or [email protected]. Kajal Singh Principal Commissioner of Customs ACC and Airport Bangalore