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TMI BlogSalient features of the HCCAR, 2009X X X X Extracts X X X X X X X X Extracts X X X X ..... ponsibilities specifically apply to one or the other category. For example, the responsibility for safety and security, pilferage of goods under their custody, disposal of un-cleared, unclaimed or abandoned goods within the prescribed time limit, payment of cost recovery charges of the Customs officers posted in the facility are applicable to an approved custodian who handled imported or export goods. On the other hand, responsibilities for publishing or display of the schedule of charges for the activities undertaken in respect of imported/ export goods shall apply to both categories of persons. These responsibilities are aimed at expeditious clearance of goods, reduction of dwell time, transaction cost and safeguarding revenue. 2.4 As specified in Regulation 3 of the HCCAR, 2009, these regulations shall apply to handling of imported goods and export goods in Customs area specified under Section 8 of the Customs Act, 1962. This would cover all Customs facilities such as ports, airports, ICDs/CFSs and LCSs. Also, imported goods would cover goods under transshipment and all goods held under the custody of CCSP. However, these regulations do not apply to Customs bonded warehouse or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s and other computer peripherals as may be specified by the Directorate General of Systems shall also be provided by the custodian. 2.8 Board has clarified that custodians already exempted from payment of cost recovery charges under Circular No.27/2004-Cus., dated 6-4-2004 and Para 5.3 of Circular No.13/2009-Cus., dated 23.3.2009 would continue to avail the exemption even after issue of Circular No.4/2011-Cus., dated 10.1.2011. 2.9 The Commissioner of Customs, subject to his satisfaction, should not insist for residential accommodation for staff from CCSP in cases where concerned facility of CCSP is located in the city area. The underlying idea is to provide for residential facilities for staff deployment at Customs facilities located in far flung and remote areas where it is difficult to have appropriate residential facility and which cannot be easily commuted by the officers. Therefore, requirement of residential accommodation should not be insisted upon in cases where the location is commutable from the base town/city. Commissioner of Customs concerned should exercise due diligence before enforcing provisions of 5(1)(i)(b) of Notification No.96/2010-Cus(NT)., dated 12-11-2010. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .06.2002 (e.g. AAI, custodian of Mumbai Air Cargo Complex prior to 26.06.2002 later transferred part custodianship to Air India); and (iii) Custodians notified prior to 26.06.2002 but premises extended after 26.6.2002 under the same custodianship. [Refer Circular No.27/2004-Cus., dated 6.4.2004] 2.12 The Greenfield Airports Policy framed by the Government and notified by the Ministry of Civil Aviation specifies that the applicant for setting up of a greenfield airport will obtain clearance from the Department of Revenue for provision of Custom services and the cost of providing these services will be borne by the Airport Company. 2.13 Regulation 6(1)(m) of the HCCAR, 2009 deals with disposal of imported or export goods lying unclaimed, un-cleared or abandoned in ICDs/CFSs/Customs areas by the CCSP who is holding custody of such goods. Proper and timely disposal of unclaimed, un-cleared or abandoned goods is to be ensured. [Refer Circular No.50/2005-Cus., dated 01.12.2005] 2.14 In order to ensure security of premises and to prohibit unauthorized access of person in the Customs area all CCSP/ Custodians should provide CCTV/ Video Camera and give video footage of the same to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s considered sufficient for being handled efficiently for such temporary period till the congestion is cleared and the delay in clearance of goods is sorted out. 2.18 In terms of Regulation 9 of the HCCAR, 2009, at the time of submission of applications for acquiring custody and handling of imported/export goods, the applicant shall provide complete details of the facility such as extent of the area, equipment, infrastructure etc. for receiving, unloading/loading, stacking, storage, delivery of imported/ export goods including the map. Further, the projected capacity of the cargo or container proposed to be handled at the premises, would form the basis for determining the adequacy of the infrastructural facilities and bond or bank guarantee, wherever applicable. For example, in respect of containers, the volume in terms of Twenty feet Equivalent Units (TEUs) may be ascertained. As regards X-Ray scanning equipment, the custodians are expected to provide for suitable land and other site requirements, but the actual scanning equipment would be installed by the Customs department subject to conditions as may be prescribed. 2.19 Only such CCSPs who wish to be appointed as custodian of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... toms from any liability arising on account of damages caused or loss suffered on imported or export goods, due to accident, damage, deterioration, destruction or any other unnatural cause during their receipt, storage, delivery, dispatch or otherwise handling by furnishing an indemnity bond. 2.24 No relaxation or exemption from requirements on safety and security of premises shall be allowed by the Commissioner of Customs to the custodians or CCSPs in terms of provisions of Regulation 7 of HCCAR, 2009. Also keeping in view the paramount importance of overall safety and security of imported / export goods, detailed guidelines are prescribed to ensure that all concerned persons ensure that suitable arrangements are put in place for safety and security of premises relating to imported or export goods. 2.25 The HCCAR, 2009 provide for levy of penalty in case the CCSP contravenes any of the provisions of the regulations or fails to comply with the regulations. However, these provisions do not impact the past proceedings against the custodian, if any, where necessary action has been initiated against erring custodians. 2.26 For the purposes of Regulation 6 (1) of HCCAR, the following ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... voked in terms of Regulation 12 of HCCAR, 2009, shall have the validity same as the validity of approval granted under Regulation 10 of HCCAR, 2009. [Refer Notification 75/2024-Customs (NT), dated 07.11.2024 Circular No. 22/2024-Customs, dated 08.11.2024] 2.29 Ministry of Agriculture has raised the issue of temporary ban on Import of Rice and Peanuts from India due to detection of quarantine pest in an import consignment and highlighted that CFSs conducting phytosanitary measures have no designated area for fumigation and separate storage for keeping fumigated/ treated cargo which leads to cross contamination from untreated goods/commodities. Ministry of Agriculture has desired that facilities provided by CFSs should be improved to ensure that treated cargo is adequately sanitized in a separate storage enclosure. Board has therefore decided that all CCSP/Custodians shall provide separate and dedicated storage space for fumigation and post fumigated storage sites to enable Plant Quarantine Authorities to carry out necessary checks for both imported / export goods under the Handling of Cargo in Customs Area Regulations, 2009. 2.30 In order to obviate the situation of compromising ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lectronic Delivery Order System, as a prerequisite, the Custodian should have the technical capability to implement an electronic messaging system for the receipt of electronic Delivery Order. Apart from the above prerequisites, it will facilitate trade if Shipping Lines, Airlines and Consol Agents can adopt a system of electronic invoicing of all charges along with the facility to conclude the payment process using e-Payment facilities. In respect of some categories of imports, namely - unaccompanied baggage, Direct Delivery, and one-time individual importers, the Shipping Line/ Airline may retain manual (i.e. paper copy) of the Delivery Order, if desired. Further, if for technical reasons, in case of any failure of the system of electronic transfer of Delivery Order, the concerned Shipping Line/ Airline or Consol Agent may issue manual Delivery Order, as a purely temporary measure, in order to avoid any difficulty or delay in clearance of imported goods. [Refer Circular No.24/2015-Customs dated 14.10.2015] 2.35 Board has decided to extend 24x7 customs clearance to all bills of entry and not just facilitated bills of entry. It has amended the Customs (Fees for Rendering Services ..... X X X X Extracts X X X X X X X X Extracts X X X X
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