In exercise of the powers conferred by section 157 read with sub-section (1) of section 54 and section 143AA of the Customs Act, 1962 (52 of 1962), the Central Board of Indirect Taxes and Customs hereby makes the following regulations, to amend the Transhipment of Cargo to Nepal under Electronic Cargo Tracking System Regulations, 2019, namely: -

1. Short title and commencement. -

(1) These regulations may be called the Transhipment of Cargo to Nepal under Electronic Cargo Tracking System (Amendment) Regulations, 2020.

(2) They shall come into force on the day of their publication in the Official Gazette.

2. In the Transhipment of Cargo to Nepal under Electronic Cargo Tracking System Regulations, 2019, -

(i) in the sub-regulation (1) of regulation 2, for clause (b), the following clauses shall be substituted, namely: -

"(b) "authorised carrier" means an authorised sea carrier, authorised train operator or custodian, registered under regulation 3A;

(ba) "authorised sea carrier" means the master of the vessel carrying imported goods, export goods and coastal goods or his agent or any other person notified by the Central Government in terms of sub-section (1) of section 30 of the Act, in the case of a vessel;

(bb) "authorised train operator" means the train operator carrying imported goods and export goods;

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

(ii) after regulation 3, the following regulation shall be inserted, namely: -

"3A. Registration. -

(1) The authorised carrier shall apply to the jurisdictional Principal Commissioner or Commissioner of Customs for registration in the Form-II, appended to these regulations.

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

(3) The jurisdictional Principal Commissioner or 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.

(4) An authorised carrier registered under regulation 3 of the Sea Cargo Manifest and Transhipment Regulations, 2018, shall be deemed to be registered under these regulations."

(iii) in the regulation 4, for clause (a), the following shall be substituted, namely: -

"(a) declare the cargo destined to Nepal and the port of final discharge in Nepal in the arrival manifest, if he is required to do so as per the Sea Cargo Manifest and Transhipment Regulations, 2018;"

(iv) the "Form", shall be numbered as "Form-I", and after Form-I as so numbered, the following "Form-II" shall be inserted, namely: -

"FORM - II

(See Regulation 3A)

Application for Registration

1. Name of applicant with details of Permanent Account Number (PAN): -

(In case the applicant is a firm or a company, the name of each of the partners of the firm or the directors of the company as the case may be)

2. Category of the applicant (authorised sea carrier, authorised train operator, shipping line or custodian): -

3. Contact details: -

Phone number :-

Email address: -

4. Full address of the applicant: -

(In case the applicant is a firm or a company, the full address of each of the partners of the firm or the directors of the company as the case may be)

5. The name(s) and address of the authorised person: -

(In case the applicant is a firm or a company, the name(s) of its partner or partners or director or directors or duly authorised employees who will actually be engaged in the work of filing Declaration of Transhipment).

6. Educational qualification of each of the persons who will actually be engaged in the filing of Declaration of Transhipment: -

7. Details of cases booked under Customs Act against the applicant, if any: -

8. The enclosures: -

(a) Copy of contract, or

(b) Memorandum of understanding, or

(c) Agreement entered into with the foreign authorising agent.

I/We hereby declare that the contents of the above paragraphs are true to the best of my/our knowledge.

(Radhakrisnan Ananth)

Deputy Secretary to the Govt. of India

Note: The principal Notification No. 68/2019-Customs (N.T.) was published in the Gazette of India, Extraordinary, vide G.S. R. 704(E), dated the 30th September, 2019