Amendment in SRO.450(I)/2001 dated 18.6.2001 -Customs Rules,2001

GOVERNMENT OF PAKISTAN CENTRAL BOARD OF REVENUE ***** Islamabad, the 28th February,2005. NOTIFICATION (CUSTOMS) S.R.O. 210(I)/2005.- In exercise of the powers conferred by section 219 of the Customs Act, 1969 (IV of 1969), the Central Board of Revenue is pleased to direct that the following further amendments shall be made in the Customs Rules, 2001, namely:- In the aforesaid Rules, in CHAPTER XVIII, after sub-Chapter-I, the following new sub-Chapter, shall be added, namely:- “Sub-Chapter-II ARRIVAL AND DEPARTURE OF VESSELS 392. Application.- The provisions of this Chapter shall apply to arrival and departure of vessels at Karachi Port and Port Muhammad Bin Qasim. 393. Procedure to be specifically meant for computerized environment.- The procedure given in this Chapter is specifically meant for the computerized environment under the Pakistan Customs Computerized System (PACCS) which shall come into force on such date as notified by the Board through general order. 394. Definitions.- In this Sub-Chapter unless there is anything repugnant in the subject or context,- (a) “Act” means the Customs Act, 1969 (IV of 1969); (b) “amendment” means any change to a declaration after its initial filing and includes any addition or deletion to a data field; (c) “co-loader or non-vessel operating common carrier (NVOCC)” means the local agent of the principal utilizing the services of the Carrier for the transport of cargo and licensed under section 207 of the Act; (d) “estimated time to arrival (ETA)” means the date and time as reported through vessel intimation report (VTR), at which the vessel is due to arrive at the pilot grounds; (e) “estimated time of departure (ETD)” means the date and time as reported through vessel intimation report(VIR), at which the vessel is due to depart from a berth in Pakistan; (f) “ship-chandler” means the person authorized by the carrier, shipping agent or vessel owner to supply provisions and stores to the vessel and licensed under section 207 of the Act; (g) “Terminal Operator (T.O.)” means the organization or establishment responsible for physical custody of cargo within Customs-port; and (h) “vessel operating agent” means the local agent of the carrier and licensed under section 207 of the Act; 395. Fixation of place under sub-section (1) of section 43 of the Act. No vessel coming into the Karachi Port or Port Muhammad Bin Qasim shall proceed into the port channel beyond the pilot grounds unless a vessel intimation report has been made to Customs by the carrier or his vessel operating agent in the form and manner as provided in these rules. 396. Authorization to pilots under sub-section(2) of section 43 and sub-section (2) of section 51 of the Act.- Unless so authorized by PACCS no pilot shall bring in, or take a vessel out of, the Customs port. Such authorizations shall be issued by PACCS to the carrier or his vessel operating agent through their inboxes on confirmation of VIR for entry, and Port Clearance for departure. 397. Electronic documents to be time stamped.- All documents received electronically by PACCS shall be time stamped and retained in their original form under section 155G of the Act as proof of document originally filed. 398. Carriers or agents to obtain unique user identifiers.- All carriers or their vessel operating agents and all co-loaders or NVOCCs filing or amending declarations under these rules shall obtain unique user identifiers (IDs) for interacting with PACCS under section 155D of the Act. 399. Containers to bear security seals.- (1)All containers except empties and one-door-off, arriving or leaving Pakistan, shall bear numbered security seals (bullet seals). (2) All containers being exported from Pakistan shall be sealed prior to their pass in into the Customs area by,- (a) in case of shipper’s load, stow and count containers, by the shipper; (b) in case of CY containers subject to inspection by an authority for quality check, by that authority; and (c) in case of LCL containers, by the person stuffing the containers. 400. Time, contents and manner of filing vessel intimation report.- The carrier or his vessel operating agent shall log onto PACCS using his distinct user identifier and shall furnish the information as per Annex-A. On receipt of VIR, PACCS shall issue a VIR number as proof of receipt and for future reference. The VIR number shall be required for filing goods declarations for imports and exports. VIR may be filed at any time up to fifteen days prior to ETA of the vessel. 401. Confirmation of vessel intimation report.- The carrier or his vessel operating agent shall confirm the VIR of the vessel, up to twenty-four hours prior to the ETA. 402. Amendments to vessel intimation report.- The carrier or his vessel operating agent shall be entitled to electronically amend, add and delete authorized fields in the VIR, by using their user IDs. For incoming vessels amendments shall be allowed at the rate of fifty rupees per data field, till the ETA of the vessel. For outgoing vessels, amendments shall be allowed at the rate of fifty rupees per data field, till issuance of port clearance. The carrier or his vessel operating agent shall be accordingly billed online and shall clear all his outstanding dues on the 1st and 15th of each month, or the next working day in case of gazetted holiday, by depositing the due amount in the National Bank of Pakistan, in the relevant head of account of the Collector of Customs. In case of failure to clear the outstanding amount on the due date the user ID(s) of the Carrier and his vessel operating agent shall be blocked till clearance of the outstanding dues. 403. Time, contents and manner of filing of Cargo Declaration (manifest).- Cargo declarations as per Annex-E may be filed at any time after confirmation of VIR has been received by PACCS. The Carrier, vessel operating agent co-loader or NVOCC shall file the incoming Cargo Declaration (IGM) against the VIR number allocated, to the extent of indexes relating to them as declared in the VIR by the carrier or his vessel operating agent. Cargo information shall be filed online free of charge till eighteen hours prior to the ETA. In cases where the port of loading for the index is Dubai, Jebel Ali, Khor-Fakkan, Salalah, Fujairah, Bandar Abbas, Mumbai, Nhava Sheva, Mundra, Kandla and Mina Qaboos, cargo information may be filed without charges till twelve hours prior to the ETA. 404. Declaration of transit and transshipment cargo.- The declaration of transit and transshipment cargo shall be as follows, namely:- (a) Transits: (i) For cargo destined for off-dock station, the name of off-dock station shall be mentioned in the data field of Via (port of exit/clearance). (ii) For cargo destined for inland Customs dry ports within Pakistan through multimodal bill of lading, inland port shall be mentioned in the data field of port of destination. (iii) For cargo destined for inland Customs dry ports within Pakistan through non-multimodal bill of lading, the city of destination other than Karachi shall be mentioned in the data of consignee city. (iv) For cargo destined to Afghanistan, the port of exit from Pakistan shall be mentioned in the data field of via (port of exit/clearance) as Peshawar or Quetta. (b). Transshipments: Transshipment cargo shall be declared in the manifest, and port from where it is intended to be exported from Pakistan will be distinctly mentioned in the data field of via (port of exit/clearance). Ports selectable for transshipment cargo will be Karachi International Container Terminal (KICTL), Pakistan International Container Terminal (PICT), KPT East Wharf, KPT West Wharf, Qasim International Container Terminal (QICT), Port Qasim or Karachi Air Freight Unit. 405. Declaration of temporarily imported containers.- The person filing cargo declaration to Customs shall undertake that containers temporarily imported by him without payment of Customs duties shall be re-exported within six months. 406. Amendments to cargo declaration.- After the lapse of free time as specified in rule 403, all cargo information added, deleted or amended shall be charged at the rate of fifty rupees per data field, till ETA is declared. After ETA all additions, deletions or amendments shall be charged at the rate of two hundred fifty rupees per data field and shall be subject to approval by Customs. 407. Payment of dues.- The liabilities of against the carrier, vessel operating agent or co-loader or NVOCCs shall be billed online. These liabilities shall be cleared by the concerned on the 1st and 15th of each month, or the next working day in case of gazetted holiday, by depositing the due amount in the National Bank of Pakistan, in the relevant head of account of the Collector of Customs. In case of failure to clear the outstanding amount on the due date the user ID(s) of the carrier and his vessel operating agent shall be blocked till clearance of the outstanding dues. 408. Vessel Store Declaration.- Vessel Store Declaration shall be furnished to the Boarding and Rummaging Officer on boarding of the vessel on arrival as per Annex-D. 409. Crew list and passenger list.- Crew list and passenger list shall be filed at the time of confirmation of VIR as per Annex-B. 410. Crew and passenger effects list.- Crew and passenger effects list as per Annex-C shall be submitted by the Master of the vessel to the Boarding and Rummaging Officer at the time of boarding. 411. Un-manifested cargo not to be landed.- Cargo that is not manifested shall not be allowed to be offloaded in Pakistan. 412. Late filing of vessel intimation report.- On receipt of confirmation of VIR as per Annex-B by PACCS, the ETA of the vessel shall be compared with the system time, and shall be subject to imposition of fine as follows, namely:- Difference between ETA and system time at time of receipt of declaration (1) | Amount of fine (2) (i) Twenty-four hours or greater | Nil (ii) Less than twenty-four hours | Fifty thousands rupees and the vessel will be allowed to berth twenty-four hours after the confirmation of VIR. 413. Delay or cancellation of arrival of vessel.- (1) Where after filing a confirmation of VIR, the carrier or his vessel operating agent learns that the arrival of the vessel has been cancelled or the ETA of the vessel has been delayed by more than three hours of its declared ETA, the Carrier or his vessel operating agent shall declare the new ETA to PACCS. Such amendments shall be subject to payment of following amendment fee, namely:- Time of intimation to PACCS Before twelve hours of initial ETA. | Before six hours of initial ETA. | Before 0 hours of initial ETA. | Within + twenty-four hours of initial ETA. Delayed or cancelled. | Free | Rs. 50/- | Rs. 5000/- | Rs. 10,000/- (2) Where a vessel fails to arrive within twenty-four hours of its ETA as declared, and there is no intimation to PACCS by the carrier or his vessel operating agent, the VIR shall be cancelled by PACCS on the lapse of twenty-four hours after the ETA declared and the carrier or his vessel operating agent shall be charged ten thousand rupees as cancellation fine. (3) In case of cancellation of VIR, charges calculated in respect of delay in confirmation of VIR shall not apply. 414. Boarding and rummaging of vessel .- On berthing of the vessel as confirmed by the Terminal Operator (T.O.), PACCS shall depute boarding officials who shall board and examine the vessel in accordance with the vessel store declaration and shall seal the vessel’s bonded stores. Information as per Annex-H shall be furnished by the Boarding and Rummaging Officer. If rummaging is carried out, a report shall be entered by the Boarding and Rummaging Officer as per Annex-J. 415. Persons entering or leaving Customs port.- Any person carrying any goods in or out of the customs-port including ship’s crew on shore leave shall be subject to Customs check. 416. Supplies to the vessel .- The ship-chandler shall file a declaration to PACCS regarding supplies that are to be loaded on the vessel as per Annex-F. This declaration shall be provided at least three hours prior to the entry of the delivery vehicle to the port area. On receipt of such declaration PACCS shall authorize the T.O. to allow the pass in of the delivery vehicle. At pass in the T.O. shall confirm the event to PACCS which may depute Customs officials to examine the goods as per declaration and may supervise loading onto the vessel. 417. Grant of port clearance.- The carrier or his vessel operating agent shall file port clearance request as per Annex-G to PACCS at any time after the vessel has berthed. The necessary documents to establish the payments and clearances from various departments shall be maintained by the carrier or his vessel operating agent under section 211 of the Act which shall be produced to customs whenever required. He shall quote the number and date of each on his port clearance request. On receipt of a duly completed request, PACCS shall grant port clearance which shall be electronically transmitted to the T.O. and the carrier or his vessel operating agent. 418. Loading of vessel and its departure.- PACCS shall clear (allow loading) the export consignments to the system of the Terminal Operator (T.O.), who shall load the PACCS cleared consignments as per Customs Reference Number (CRN) onto the outgoing vessel. Once the loading of the vessel has been completed it shall be confirmed by the T.O. to PACCS as per Annex-K. The T.O. shall obtain the signatures of the Master of the vessel or of an officer duly authorized by him on the list of containers, or consignments in case of non-containerized cargo, that have been loaded on the vessel and shall retain this list under section 211 of the Act on his record for scrutiny if and when required by Customs. 419. Mate’s Receipt (MR) and Export General Manifest (EGM) for export cargo.- For vessels departing from terminals where PACCS is fully operational the filing of MR and EGM shall not be required. However, where PACCS is not fully functional, carriers or their agents shall continue filing MR and EGM to Customs in hard copy as usual as per Annex-L. Annex-A [see rule 400] Vessel Declaration (for incoming) Vessel’s General Declaration: Vessel ID. | Name of vessel. | Year built. Type of vessel. | Nationality of vessel. | Gear / Gearless. IMO number. | Call sign. | Gross registered tons. Net registered tons. | Certificate of registry (port, date, number). | LOA. Dead weight. | Shipping Line (Vessel Operator). | Position of bridge. Beam. Incoming Voyage Information: Voyage number. | P & I Club (Popup combo field). | Draft Aft (Non-mandatory). Last port of call. | Draft Fwd. | Free Board (Non-mandatory). PC Number (last port). | Air Draft (Non-mandatory). | Allocation of TEU’s for loading from this port. ETA and date. | Port of call in Pakistan. | Terminal / Berth. Quarantine Y / N. | Special requirement. Purpose of vessel (Popup drop down field). Annex-B [See rule 409]. Vessel’s General Declaration (Confirmation of VIR): Vessel’s General Declaration: Vessel ID. | Name of vessel. | Year built. Type of vessel. | Nationality of vessel. | Gear / Gearless. IMO number. | Call sign. | Gross registered tons. Net registered tons. | Certificate of registry (port, date, number). | LOA. Dead weight. | Shipping Line (Vessel Operator). | Position of bridge. Beam. Incoming Voyage Information: Voyage number. | P & I Club (Popup combo field). | Draft Aft (Non-mandatory). Last port of call. | Draft Fwd. | Free Board (Non-mandatory). PC Number (last port). | Air Draft (Non-mandatory). | Allocation of TEU’s for loading from this port. ETA and date.. | Port of call in Pakistan. | Terminal / Berth. Quarantine Y / N. | Special requirement. Purpose of vessel (Popup drop down field) Co-loaders section: CHAL # | Cargo Agent Name (Popup selectable field). Crew List: S. No. | Family name, given names. | Rank or rating. | Nationality . | Certificate number of seafarer. | Valid up to. | Issuing authority. | Number of identity document (seamen’s CDC / SSB or passport). | To disembark at this port Y/N. Passenger List: S. No. | Family name, given names. | Nationality. | Passport Number. | Port of embarkation. | Port of disembarkation. Annex- C [See rule 410] Crew and Passenger Effect List: S. No. | Family name, given names. | Rank or rating. | Nationality. | Certificate number of seafarer. | Valid up to. | Issuing authority. | Number of identity document (seamen’s CDC / SSB or passport). | Effects. | Quantity. | To disembark at this port Y/N. Annex-D [See rule 408] Vessel Store Declaration: S. No. | Period of stay. | Name of article. | Quantity. | Place of storage. Annex-E [See rule 403] Cargo Declaration (IGM): (Index wise Information) Document No. (Numeric Field entered by user). Index Number. | Bill of Lading Number / Airway Bill Number. | Type of BL: Multimodal / other. Shippers Name . | Consignee Name. | Consignee Address. | Consignee City. Consignee Country (Drop down popup field; default value is ‘Pakistan’) Cargo Information: General Description of goods. | Dangerous cargo with IMO classification. | General PCT of Goods. Port of shipment. | Port of discharge. | Place of Delivery. Port of destination | Cargo Type (Containerized, Non Containerized, Bulk). Delivery Mode (This field will be enabled only if the Cargo Type is ‘Containerized’). CY CFS | UCRN. Container Information: (This section will be enabled only if Cargo Type is “Containerized”) (Information for each container to be given separately) Sr. No. | Container Number. | ISO Code. | Gross weight. | Net weight. | Seal Number. | SOC (Yes/No). | FCL/LCL (The value of this field will be either ‘FCL’ or ‘LCL’). Total Weight of Consignment =Σ (Gross Weight) - Σ (Net Weight) Container Items Information: (This section will be enabled only if Cargo Type is “Containerized”) (All items will be defined under each container) Sr. No. | Srl description. | HS Code. | Quantity. | Quantity UoM. | Dangerous cargo description with IMO classification. | Mode of packing. | Total packing quantity. | Country of origin. | Marks & Numbers. Non Containerized (Break Bulk): (This section will be enabled only if Cargo Type is “Non Containerized”) (Loose or Break Bulk cargo will be declared under this section) Sr. No. | Srl description. | HS Code. | Quantity. | Quantity for Karachi. | Quantity UoM. | Dangerous cargo description with IMO classification. | Mode of Packing. | Total packing quantity. | Country of origin. | Marks & Numbers. Bulk Cargo: (This section will be enabled only if Cargo Type is “Bulk”) (Bulk cargo will be declared under this section) Sr. No. | Srl description. | HS Code. | Quantity. | Quantity UoM. | Dangerous cargo description with IMO classification. | Country of origin. Empty Containers: (This section will be enabled only if ‘Empty Container’ check box is checked) (Information for each container to be given separately) Sr. No. | Container Number. | ISO Code. | Tare weight. | Seal Number. Total Weight of Consignment =Σ (Gross Weight) - Σ (Net Weight) Ship supplies Annex -F [See rule 416] S. No. | Description of Goods. | Quantity / unit. | Chandler’s CHAL # | Estimated time of Pass in. Annex-G [See rule 417] Vessel Declaration (for outgoing) Vessel’s General Declaration: Name of vessel. | Voyage number. | Beam. Last port of call. KARACHI. | Draft Fwd. | Draft Aft. Next Port of call. | ETD and date. | Air Draft. [BA1] Crew and Passenger Effect List: S. No. | Family name, given names. | Rank or rating. | Nationality. | Certificate number of seafarer. | Valid up to. | Issuing authority. | Number of identity document (seamen’s CDC / SSB or passport). | Effects. | Quantity. Passenger List: S. No. | Family name, given names. | Nationality. | Passport Number. | Port of embarkation. | Port of disembarkation. Port Clearance for departure: Light dues payment Receipt No & date. | Health Certificate No & date. | Income tax certificate No & date. | MMD’s NOC No & date. | KPT’s NOC No & date. Annex- H [See rule 414] Boarding Report Crew and Passenger effect List: S. No. | Family name, given names. | Rank or rating | Nationality. | Certificate number of seafarer. | Valid up to. | Issuing authority. | Number of identity document (seamen’s CDC / SSB or passport). | Effects. | Quantity. | To disembark at this port Y/N. | Discrepancy (Yes / No). Vessel’s Stores Declaration: S. No. | Period of stay. | Name of article. | Quantity. | Place of storage. | Discrepancy (Yes / No). On clicking “No” in Discrepancy column a text box will open wherein the report will be entered against the relevant S. No. The ship stores have been sealed (for incoming) Verified that the ship stores have not been opened during the stay of the vessel at the port and have now been de-sealed and the port clearance document has been handed over to the Master. (for outgoing) Annex - J [See rule 414] Rummaging Report Any discrepancy found. Yes No Observations (in case of discrepancy). Annex- K [See rule 418] Confirmation of Loading Report S. No. | CRN. | Container Number. Annex- L [See rule 419] Mate Receipt (MR) VIR # | Name of vessel. | Date of sailing. S. No. | Shipping Bill No. | Container # or description. | Remarks (short shipped etc.)”. ________________________________________________________________________________________ C.No.9(24)/2003-CB.Part-19/05] (MUHAMMAD SALEEM) Secretary (Customs Budget) [BA1]Not mandatory