Courier Imports & Exports (Clearance) Regulations, 1998
— Amendments
Circular No. 63/99-Cus., dated 24-9-1999
[From F.No. 450/120/97-Cus.IV]
Government of India
Ministry of Finance (Department of Revenue)
Central Board of Excise & Customs, New Delhi
Assessment and clearance of Goods Imported/Exported Subject
: through the Courier Mode - Courier Imports & Exports (Clearance)
Regulations, 1998 - Amendments regarding
I am directed to enclose a copy of Notification No.
54/99-Cus. (N.T.), dated 21st September, 1999 on the above subject. This
notification has effected significant changes in the Courier Imports and Exports
(Clearance) Regulations, 1998, the details of which are as follows :
The weight limit for courier/express material has been
raised (i) from the existing 32 Kg. to 70 Kg.
Sub-regulation (2)(e) of Courier Regulations, 1998,
provides (ii) that the Courier Imports & Exports (Clearance) Regulations,
1998, would not be applicable to export goods where the value of the consignment
is above rupees twenty-five thousand and transaction in foreign exchange is
involved. After considering representations from the trade, it has now been
decided to allow export of goods of higher value, i.e. value exceeding Rs.
25,000/-, through the courier mode subject to the condition that GR Waiver or
specific permission has been obtained from the Reserve Bank of India.
Clause (d) of regulation 3 of Courier Regulations,
1998 (iii) defines ‘free gifts’ as bona fide gifts of articles for personal use of a value
not exceeding Rs. 25,000/- in a financial year in case of export goods.
Monitoring of the limit of Rs. 25,000/- has been found to be a difficult task.
Therefore, as a practical measure, the limit of Rs. 25,000/- for free gifts in a
year has been changed to Rs. 25,000/- per consignment.
(iv)The value limit of bona fide
commercial samples and free gifts imported through the courier mode has been
raised from existing limit of Rs. 2,000/- to Rs. 5,000/-.
As per sub-regulation (5) of regulation 5 of Courier (v)
Regulations, 1998, the imported goods are required to be cleared within the
period of 30 days of the arrival of the said goods. In case of failure to do so,
the goods can be detained and disposed of by Customs. This regulation has now
been amended to provide that before disposal of the goods, notice would be given
to the authorised couriers.
Sub-regulation (5) of regulation 6 of Courier
Regulations, (vi) 1998, provides for goods to be exported within a period of
seven days of arrival of same in the Customs area. In case of failure to do so,
the goods may be detained and disposed of by giving notice to the concerned
courier. However, there can be cases where it may not be possible to export
within the said time limit due to genuine reasons such as bad weather,
cancellation of flights, which may be beyond the control of the authorized
courier. To deal with such extraordinary situations, it has now been provided
that the time limit of seven days can be extended by the Assistant Commissioner
of Customs in deserving cases.
(vii)The requirement of furnishing security alongwith bond
to the Commissioner of Customs by the authorized couriers has been significantly
lowered. It has now been decided that at four major international airports of
Mumbai, Delhi, Chennai & Calcutta, the authorized couriers would be required
to furnish the security of Rupees two lakhs in place of the existing requirement
of Rupees five lakhs, and in other cases (i.e. other than four major
international airports), the security would be kept at Rupees one lakh. Further,
it has been decided to give an option of bank guarantee in lieu of National
Saving Certificate, cash or postal security allowed earlier.
(viii)In the Courier Regulations, 1998, a limit was placed
on the number of authorized couriers to be registered at an airport. This limit
has now been removed.
It has been brought to the notice of the Board by the 2.
Ministry of Commerce that at present, the permission for amendment in the Import
General Manifest is given by the Assistant Commissioner of Customs (Preventive)
only, with the result that whenever he is absent, the authorized courier finds
it difficult to get the same amended. This results in delays. The matter has
been considered and it has been decided that the permission to amend the Import
General Manifest could be granted by any Assistant Commissioner of Customs on
duty. Suitable administrative arrangements may please be made to implement the
above decision.
Further, a number of references has been received in the 3.
Board poi- nting out that clearance of express/courier material is delayed
because of non- availability of Appraising Officer at night, when the courier
packages arrive. The matter has been considered by the Board and it has been
decided that the services of an Appraising Officer will be made available at the
four major inte- rnational airports, namely, Mumbai, Delhi, Calcutta and Chennai
at night. Ne- cessary administrative arrangements may be made by the concerned
Commissioner of Customs and the Board may please be informed of the action
taken.
The Circular No. 85/98-Cus., dated 13-11-1998 on the 4.
above subject stands modified to the above extent.
The instructions may please be given wide publicity in 5.
the form of a Public Notice.
Kindly acknowledge receipt of this Circular. 6.
Difficulties, if any, faced in the implementation of the above changes, may be
brought to the notice of the Board immediately.