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Government of India Ministry of Finance Department of Revenue (Central Board of Indirect Taxes and Customs)

Notification No. 38/2018-Customs (N.T.)

Sea Cargo Manifest & Transhipment Regulations, 2018

 

G.S.R. __(E).- In exercise of the powers conferred by section 157, read with sections 30, 30A, 41, 41A, 53, 54, 56, sub-section (3) of section 98 and sub-section (2) of section 158 of the Customs Act, 1962 (52 of 1962), and in supersession of Import Manifest (Vessels) Regulations, 1971, Export Manifest (Vessels) Regulations, 1976 and Transportation of Goods (Through Foreign Territory) Regulations, 1965, the Central Board of Indirect Taxes and Customs hereby makes the following regulations, namely: -

 

Short title and commencement. – (1) These regulations may be called the Sea Cargo Manifest and Transhipment Regulations, 2018.

 

(2) These regulations shall come into force on 1st August, 2018.

 

Definitions. - (1) In these regulations, unless the context otherwise requires,

 

(a) "Act" means the Customs Act, 1962 (52 of 1962);

 

(b) "arrival manifest" means an integrated declaration required to be delivered by an authorised carrier on arrival of the vessel or train or truck carrying imported goods, export goods and coastal goods;

 

(c) "authorised carrier" means an authorised sea carrier, authorised train operator, shipping line or a custodian registered under regulation 3;

 

(d) "authorised sea carrier" means the master of the vessel carrying imported goods, export goods and coastal goods or his agent;

 

(e) "authorised train operator" means the train operator carrying imported goods, export goods and coastal goods;

 

(f) "Coastal goods transited through a designated foreign route" means:

 

(i) coastal goods transported between an Indian port on east coast and another Indian port on west coast or vice versa, by a vessel through the territorial waters of Sri Lanka, whether or not calling any port in Sri Lanka in between and without change of vessel;

 

(ii) coastal goods transported between an Indian port on east coast and a river port in India or vice versa, by a vessel through a route passing through the Bangladeshi waters and without change of vessel;

 

(g) "custodian" means a person approved by the Principal Commissioner or the Commissioner of customs, for the purposes of section 45 of the Act;

 

(h) "departure manifest" means integrated declaration required to be delivered by an authorised carrier before departure of a vessel or train or truck for imported goods, export goods and coastal goods;

 

(i) "Form" means a Form appended to these regulations;

 

(j) "Jurisdictional Commissioner of Customs" means the Commissioner of Customs who has granted registration under regulation 3.

 

(k) "Special Economic Zone (SEZ)" means special economic zone as per the Special Economic Zones Act, 2005 (28 of 2005);

 

(l) any reference to a Commissioner of customs shall also include a reference to Principal Commissioner of customs for purposes of these regulations.

 

(2) The words and expressions used herein and not defined but defined in the Act shall have the same meaning respectively assigned to them in the Act.

 

Registration. -
(1) Any person who is required to deliver arrival manifest or departure manifest shall apply to the jurisdictional Commissioner of Customs for registration in the Form- I.

 

(2) Where the jurisdictional Commissioner of customs is satisfied with the information provided by the applicant in the Form-I, he shall register such applicant for transacting business under these regulations for a period of three years from the date of issue of such registration.

 

(3) An authorised carrier registered under these regulations at any customs station, shall be deemed to be registered for other customs stations also, for the purpose of transacting business under these regulations.

 

(4) The jurisdictional Commissioner of Customs shall review the registration before the expiry of the initial period of registration of three years and may extend such registration to a further period of five years at a time and in case of an authorised economic operator for a period of ten years.

 

Delivery of an Arrival Manifest. - (1) An authorised sea carrier carrying imported goods, export goods or coastal goods, shall deliver the arrival manifest to the proper officer electronically:

 

Provided that where it is not possible to deliver the arrival manifest electronically then the manifest shall be submitted manually in duplicate with the approval of the Commissioner of Customs.

 

(2) The arrival manifest shall consist of, -

 

(a) an application for entry inwards in Form-II (except in case of vessel carrying exclusive coastal goods);

 

(b) a general declaration in Form-III;

 

(c) vessel’s stores list in Form- IV;

 

(d) list of private property in the possession of the Master and crew, in Form- V

 

(e) cargo declaration: -

 

(i) for vessel arriving at an Indian port from a Foreign port in Form-VIA; or

 

(ii) for vessel arriving at an Indian Port from another Indian Port directly or through designated foreign route in Form-VIB;

 

(f) any other declaration which, under the provisions of the Customs Act or any other Act for the time being in force is required to be delivered to the proper officer on arrival of vessel.

 

(3) The general declaration and cargo declaration shall be delivered before the departure of the vessel from last port of call and the rest of the arrival manifest shall be delivered before arrival of the vessel.

 

Delivery of a Departure Manifest. – (1) An authorised sea carrier carrying imported goods, export goods, coastal goods or goods meant for foreign transit or foreign transhipment, shall before the departure of the vessel from the port, deliver the departure manifest to the proper officer electronically:

 

Provided that where it is not possible to deliver the departure manifest electronically, then the manifest shall be delivered manually in duplicate with the approval of Commissioner of Customs before the departure of the vessel.

 

(2) The departure manifest shall consist of, -

 

(a) a general declaration in Form-III;

 

(b) a vessel’s stores list in Form-IV;

 

(c) a list of private property in the possession of the Master and crew, in Form-V;

 

(d) a cargo declaration:

 

(i) for vessel departing from an Indian port to a Foreign port in Form-VIIA;

 

or

 

(ii) for vessel departing from an Indian Port to another Indian port directly or through designated foreign route in Form-VIIB;

 

(e) any other declaration which, under the provisions of the Customs Act or any other Act for the time being in force is required to be delivered to the proper officer on arrival of the vessel.

 

Declaration in respect of specific cargo. - (1) the cargo declaration in respect of —

 

(a) arms;

 

(b) ammunition;

 

(c) explosives;

 

(d) narcotics and psychotropic substances;

 

(e) dangerous drugs;

 

(f) gold;

 

(g) silver;

 

(h) radio-active material for import, export, transhipment, or for being carried as same bottom cargo shall be delivered in separate sheets and shall be set out in the order of the ports of loading.

 

(2) Where a vessel does not carry any of the cargoes referred above, a nil declaration shall be delivered.

 

[F. No.450/58/2015- Cus IV]

(Zubair Riaz)

Director (Customs)

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