Standard Operating Procedure (SOP) for in dealing with the references received by JNCH from the “External Intelligence Agencies, viz. DRI, M&P Wing, and NCB, etc. – regarding

(सीमाशुल्क आयुक्त ( एन एस – I,IIIऔर Vका कायाालय OFFICE OF THE COMMISSIONER OF CUSTOMS, NS-I,III&V मूल्यननरूपण मुख्य आयात )APPRAISING MAIN (IMPORT) जवाहरलाल नेहरू सीमाशुल्क भवन, न्हावा शेवा, JAWAHAR LAL NEHRU CUSTOM HOUSE, NHAVA-SHEVA ता.उरण,TAL-URAN, नजला रायगड/ RAIGAD – 400707,महाराष्ट्रMAHARASHTRA (e-mail:appraisingmain.jnchimp@gmail.com
(Telephone No.022-27244779)

F. No. S/22-Gen-133/2017-18/AM (I)

       Date : 06.05.2019 

Standing Order No. 06/2019

Subject: Standard Operating Procedure (SOP) for in dealing with the references received by

JNCH from the “External Intelligence Agencies, viz. DRI, M&P Wing, and NCB, etc. – regarding -

---

Various types of correspondence are regularly received by Commissionerates of Nhava Sheva, Sections, Groups or intelligence units of JNCH from external agencies, viz. Directorate of Revenue Intelligence (DRI), Marine & Preventive Wing (M&P), Narcotics Control Bureau (NCB), etc. [hereinafter referred to as “External Intelligence Agencies (EIA)], which are sensitive in nature and require time bound action by the different concerned sections / Groups of JNCH.

2. The references received from the EIA by JNCH are generally of the following nature: i) To provide copies of bills of entry, shipping bills and supporting documents, etc. ii) Instructions to put container(s) on hold either at port area or CFSs for examination or any other purpose. iii) Preventive escort of the container from the port area to any CFS for examination or any other purpose. iv) Examination of the goods in presence of EIA. v)
   To assist EIA during examination of the goods, if requested, and follow up support. vi) To provide logistical support to EIA for facilitating examination of the consignment. vii) Consideration of case for provisional release of consignment (section 110A) seized by the EIA. viii) Processing the request for warehousing under section 49 of Customs Act, 1962 and ix) Time bound disposal of “Perishable cargo” seized by EIA etc.

(section 110A) seized by the EIA. viii) Processing the request for warehousing under section 49 of Customs Act, 1962 and ix) Time bound disposal of “Perishable cargo” seized by EIA etc.

It has been observed that there is a need to issue “Standard Operating Procedure (SOP)’ to deal with such references received from EIA in uniform and expeditious manner. It is seen that such references are made in case of both Import and Export. Moreover, there is a need for nominating a nodal agency in JNCH, which would be better placed to deal with such references and co-ordinate with various other authorities viz. Port, CSD, Warehouse, Shipping Line, Groups / Sections etc. 4. Accordingly, it has been decided that Central Intelligence Unit (CIU), JNCH shall be the Nodal Agency only for the purpose of co-ordination and communication with EIA. It is,

however, clarified here that, concerned sections shall continue to perform their assigned role even if the matter relates to an EIA. In other words, these instructions should not be interpreted to mean abrogation / delegation of assigned function / role by the concerned section to CIU whose role is limited to co-ordination / communication with EIA only. The purpose is to provide a single point of contact to EIAs for interaction with any of the sections in this customs zone.

The CIU, after receipt of any such correspondence shall make a suitable entry in a register to be maintained for that purpose. The register should also be maintained electronically on a stand-alone computer.

fter receipt of any such correspondence shall make a suitable entry in a register to be maintained for that purpose. The register should also be maintained electronically on a stand-alone computer. After making the entry in the register, the CIU shall examine the references / directions communicated by the external intelligence agencies, and shall initiate follow up action in a time bound manner as under:

a. To provide copy of B/Es, S/Bills, IGMs, EGMs and their supporting documents, etc. – After receipt of such requests, the same shall be forwarded to MCD Section / EDI Section or any other section, as the case may be, with instructions to provide requisite documents or EDI copy of such documents as applicable, for onward submission to the external agencies within the prescribed time limit, through CIU. It is emphasized that, the respective sections like EDI / MCD etc. have to mandatorily supply documents to CIU as requisitioned by EIA. It is also necessary for such sections like EDI / MCD etc., that they should certify these documents and also produce certificate in prescribed format as and when requisitioned by EIA. CIU is only a single point contact for liasioning with EIA and the responsibility to provide authentic data rests with the respective custodian/ sections for data. Further, whenever any briefing to EIA is required, concerned section shall depute it’s officer for such briefing.

b.

rovide authentic data rests with the respective custodian/ sections for data. Further, whenever any briefing to EIA is required, concerned section shall depute it’s officer for such briefing.

b. Instructions to put certain consignment / container on hold, lying either at Port area or CFSs – A detailed procedure to put such consignment / container on hold, has been devised and issued vide Standing Order No.15/2018 JNCH dated 04.05.2018. The same shall be applied in these cases mutatis-mutandis. The details of containers put on hold, based on their request, should be communicated to EIA both by written communication as well as through email on the date of putting any container on hold. Further, EIA should communicate within 7 days of hold to CIU, JNCH about action to be taken in respect of such hold containers. Any litigation arising in future for demurrage, detention etc. shall be dealt by the EIA only.

c. Preventive escort of the container from port area to CSD for scanning before examination in CFS area – In these cases, the procedure will be same as mentioned at Para 5 (b) above. In addition, it will be the responsibility of the concerned SIO / IO, CIU to co-ordinate with the CSD for

in CFS area – In these cases, the procedure will be same as mentioned at Para 5 (b) above. In addition, it will be the responsibility of the concerned SIO / IO, CIU to co-ordinate with the CSD for

scanning of such container on priority basis and to co-ordinate with Preventive General (PG) for requirement of escort.

d. Instructions to provide assistance during examination of the consignment (examination by EIA officials) – In this case, the jurisdictional DC/AC-in-charge of import docks shall be directed to co-ordinate with the EIA. Only in rare cases, where there is absolute need of additional staff for examination, the DC/AC-in-charge of import docks may request the DC/CIU, who in turn, will provide the additional staff for proper examination. Moreover, where there is need of drawal of samples, the no. of samples to be drawn shall be decided by EIA official only and same shall be collected by them immediately.

e. Instructions for examination of goods by JNCH officials as per request of EIA – In case examination is to be conducted by JNCH officials, then CIU/Nodal Agency shall convey to docks officials to carry out the examination in a time bound manner and shall also specify whether such examination is required under the proceedings of Panchanama or otherwise. However, in some cases, depending on nature / sensitivity of intelligence, ADC/JC CIU may instruct to carry out examination by the officers of CIU itself or in presence of officers of CIU.

erwise. However, in some cases, depending on nature / sensitivity of intelligence, ADC/JC CIU may instruct to carry out examination by the officers of CIU itself or in presence of officers of CIU. Then, result of examination (along with photographs) should be informed to the EIA Nodal Officer at the earliest. It is expected that whenever, EIA request JNCH for examination of any consignment, they should clearly specify specific aspects to be seen / checked during examination and any special requirement.

EIA may further specify whether these goods are to be examined by docks officials only or to be done in the presence of officials of EIA.

In case, the consignment is seized by way of the seizure memorandum, a copy of the same shall be invariably marked to the nodal agency for updating the records and registers for better coordination.

f. Instructions for drawl of sample by JNCH officials as per request of EIA – In case a sample is to be drawn by JNCH officials, then the fact of drawl of sample (along with number of samples) should be informed to the EIA Nodal Officer and samples should be sent for testing or inspection to such laboratories / PGAs, as per the communication received from EIA. It is expected that whenever, EIA request JNCH for drawl of sample from any consignment, they should clearly specify particulars such as the number of samples, nature of tests required, testing lab or agency and any special requirement. Second set of RSS should be sent to Nhava Sheva Regional units of EIA.

g.

particulars such as the number of samples, nature of tests required, testing lab or agency and any special requirement. Second set of RSS should be sent to Nhava Sheva Regional units of EIA.

g. Instructions to provide logistical support for examination of the consignment by external intelligence agencies – Any request for logistical support would be considered by the DC/CIU, who in turn, shall arrange for such

logistical support as sought by the agencies. This include providing manpower, vehicle, etc. This may also include the pre-trial inspection of goods before Magistrate in certain cases.

h. Consideration for provisional release of consignment (Section 110A) seized by EIA by the Adjudicating Authority – The CIU will forward such request to the concerned DC/AC, Group / Section concerned for onward submission to Adjudicating Authority for consideration of provisional release. A copy of communication regarding grant of provisional release addressed to Importer / Exporter, will also be sent to the EIA.

i. Consideration of disposal of perishable cargo seized by them – Same shall be taken up by CIU through disposal section after following the procedure envisaged under Section 110(1B) of the Customs Act, 1962.

j. Consideration of granting warehousing under Section 49 of Customs Act, 1962 to consignment seized by them – Decision on Section 49 shall be taken by the CIU if investigation is being undertaken by CIU itself. However, in case it is done by EIA any decision on Section 49 shall be taken by CIU in consultation with EIA.

k.

49 shall be taken by the CIU if investigation is being undertaken by CIU itself. However, in case it is done by EIA any decision on Section 49 shall be taken by CIU in consultation with EIA.

k. Liaison for alert / target placed through RMS – In case of alert / target placed through Risk Management System by EIA where the consignment is asked to be put on hold for EIA’s examination or to conduct 100% examination before taking NOC for EIA, nodal agency (CIU) shall contact the officer of EIA in line with the instruction of RMS alert / target to have a better liaison.

l. Status of cases pending at various stages – CIU shall be nodal agency to update the status of a case pending at various stages from early detention to various stages of appeal.

m. Other general points – The dedicated email id for faster communication shall be supdtadmn-ciujnch@gov.in as information / intelligence may be communicated at any time including non-working hours or holidays, the CIU / concerned nodal office may nominate a nodal officer and alternate nodal officer whose email id and mobile number shall be shared with the EIAs. Names and contact details thereof shall be circulated to all the EIAs quarterly and / or upon transfer / change of officers.

This SOP is being issued in consultation with (i) DRI, HQ, Delhi (ii) Office of Commissioner (M & P), Zone III, Mumbai (iii) Commissioner, NS – V, Zone III, Mumbai and (iv) Commissioner (NS-General), Nhava Sheva, Zone – II.

consultation with (i) DRI, HQ, Delhi (ii) Office of Commissioner (M & P), Zone III, Mumbai (iii) Commissioner, NS – V, Zone III, Mumbai and (iv) Commissioner (NS-General), Nhava Sheva, Zone – II.

Sd/-

  (S. K. Mall) 

Commissioner of Customs (NS-I)

   JNCH (Nhava-Sheva) 

Copy to:

1. The Chief Commissioner of Customs, Mumbai Zone-II, JNCH.
2. The Commissioner of Customs, NS-G/ NS-I/ NS-II / NS-IV / NS-V, JNCH.
3. All Additional / Joint Commissioners of Customs, JNCH.
4. All Deputy / Assistant Commissioner of Customs, JNCH.
5. All Sections / Groups of NS-G, NS-I, NS-II / NS-III/ NS-IV / NS-V, JNCH.
6. AC/DC, EDI for uploading on JNCH website immediately.