Standard Operating Procedure (SOP) for Cruise vessel Passenger Facilitation at temporary cruise terminal at BPX and at OCT:

भारतसरकार GOVERNMENT OF INDIA 1

प्रधानसीमाशुल्कआयुक्त (सामान्य) काकायाालय OFFICE OF THE PRINCIPAL COMMISSIONER OF CUSTOMS (GENERAL) ननवारकसेवाकायाालय,नवीनसीमाशुल्कभवन, बैलार्ाइस्टेटमुंबई - 400001 Preventive Service Office, New Customs House, Ballard Estate, Mumbai- 400 001 Phone No: - 022 22757722, 022 22757723

F. No. S/43-485/2019-20/P(M)

Date: 19.11.2019 

Public Notice No. 108 /2019

Subject:- Standard Operating Procedure (SOP) for Cruise vessel Passenger

Facilitation at temporary cruise terminal at BPX and at OCT: - Reg.

In exercise of powers conferred under Section 45 and sub-section(2) of Section 141, Customs Act, 1962, (henceforth referred as ‘the Act’), read with Regulation 7(2) of “Handling of Cargo in Customs Area Regulation(HCCAR), 2009”, as amended time to time, The Principal Commissioner of Customs (Gen), NCH may regulate the entry of goods in a Customs area for efficient handling of such goods.

After due deliberations with all the stakeholders, for formulation of Standard Operating Procedure (SOP) for Cruise vessel Passenger Facilitation, calling on Mumbai Port, at Ballard Pier Extension (BPX) and Offshore Container Terminal (OCT), the final approved SOP, to regulate the movement of passengers and their baggage is detailed as below:

2(a)SOP FOR Arrival Passengers i. The cruise passengers disembarking from the vessel shall reach the Cruise Terminal arrival hall with their hand luggage and report to the immigration counters.
ii. After due clearance from immigration, the passengers shall enter the Customs demarcated area, wherein there are two channels marked: Red channel and Green channel.
iii. Red Channel: Passengers who have dutiable goods, over and above the admissible free allowance, as per prevalent rules and jewellery purchased abroad and who have submitted the electronic declaration to Customs through Master/ Cruise shipping agent may choose the red channel for further clearance by Customs. Any passenger having jewellery and having export certificate, in this regard, shall produce the same to the Superintendent of Customs in Red channel for verification and

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cancellation of the export certificate. For the details with regard to Prohibited/Restricted goods passengers may refer to the following websites for information: http://www.mumbaicustomszone1.gov.in/ and http://www.cbic.gov.in/htdocs-cbec/guide_for_travellers/trvler-guide. iv. Green Channel: Passengers, who do not have any dutiable goods and have submitted the electronic declaration confirming the same to Customs through Master/ Cruise shipping agent, may choose Green Channel and present their hand baggage in the hand baggage scanning machines manned by Customs Superintendent/ Preventive Officer, empowered by Section 100 & 101 of the Act. If nothing dutiable is found, then the passengers after collecting their hand baggage may proceed to the exit of Customs demarcated area. Those passengers who are found carrying dutiable goods, including jewellery in their hand luggage and for which they do not have any export certificate shall be diverted to Customs’ Red channel counter for further necessary action under Customs Act, 1962. v. For the information of arrival passengers, the Custom Preventive Officers posted at the PRO Help Desk shall keep copies of baggage rules and other information literature, which the passengers may collect for their information. Further, the Baggage Rules for Cruise passengers are available on http://www.cbic.gov.in/htdocs-cbec/guide_for_travellers/trvler- guide and http://www.mumbaicustomszone1.gov.in/. vi. Passengers exiting the Customs area, at random may be asked by Customs Superintendent of Intelligence section to pass through metal detector door as mandated under Section 100 & 101 of Act. The Personal Search of suspected passengers, especially lady passengers shall be conducted in a closed cabin provided by MBPT in the temporary cruise terminal building. If any contraband is found, then further necessary action by Customs under the Act shall be initiated. If nothing is found then the passenger shall be allowed to exit the Customs demarcated area. vii. The large luggage of passengers shall be brought for screening by Shipping Agents to the screening machines employed for large luggage, just adjacent to baggage hall of terminal building near the wharf. The same shall be screened by Customs for any misdeclaration and also by CISF for security purpose. Ideally there should be separate screening machines, but if only one BSM machine is available then both Customs Superintendent/PO and CISF officers shall share the same resource for their respective purposes. If any misdeclaration is found by Customs, then it shall be responsibility of the Cruise Shipping agent to identify the passenger and bring the luggage along with the passenger to Customs Red Channel inside the terminal for further necessary action under Customs Act 1962 viii. The large luggage of passengers, selected from the passenger list by Customs based on alerts and intelligence, shall be brought for screening

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by Shipping agents to the screening machines employed for larger luggage outside the terminal building near the wharf. If any misdeclaration is found by Customs, then it shall be responsibility of the Cruise Shipping agent to identify the passenger and bring the large luggage along with them to Customs Red Channel inside the Terminal building for further necessary action under Customs Act 1962. ix. If the passenger of the vessel, who are arriving with dutiable goods, have no money at the time of arrival, to pay the duty, then, in such cases, the goods shall be detained and kept in the strong room provided by MBPT, until the passenger pays the duty on subject goods. In addition to this, if passengers are intercepted by Customs with prohibited goods then goods are liable for seizure under section 110 of Customs Act 1962. The same shall be kept inin the strong room with adequate security to be provided by MBPT. x. To promote the “Ease of doing business” in cruise tourism, MBPT shall provide mobile POS with connectivity of a Bank approved by Principal Commissioner of Customs (Gen). Those passengers who have to pay Customs duty can utilize this facility at the Custom counters for faster clearance and facilitation. xi. After clearance from Customs, all passengers CISF may screen their hand baggage for security clearance, if required, as per the legal mandate. Any objectionable material found and intercepted by CISF personnel on the screening machine shall after due process be handed over to Customs Superintendent in charge of Intelligence, for further necessary action. xii. The vehicles to carry the Customs & CISF cleared passengers shall be aligned near the temporary cruise terminal building and it shall be responsibility of the shipping line to quickly get the passengers on board of the vehicle and take them to Green gate IDK. The shipping agent shall get the list of names of passengers cleared with the vehicle numbers endorsed by both Customs Preventive officer at gate as well as CISF manning the green gate. One copy of the same shall be kept on record by Green gate Customs Preventive officer and CISF. After every cruise vessel clearance and sailing out of the cruise vessel, the Green Gate officers shall forward the same to the Customs Superintendent in charge of A-Division or C-I Division.

2(b). SOP FOR DEPARTURE PASSENGERS i. All passengers shall enter MBPT from Green gate IDK and it shall be the responsibility of the cruise vessel shipping agent to inform the same to the passengers and bring them along with their baggage through the side gate directly into the baggage check room. All large baggage shall be screened for security purpose by CISF and handed over to passenger. It shall be

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the responsibility of the cruise vessel shipping agent to seal and tag the screened baggage and bring them along with the departure passengers to the temporary cruise terminal building at BPX . ii. All passengers shall screen their hand luggage and subject themselves to security check by CISF personnel before entering Immigration for stamping their passports and clearance by Immigration officials. iii. After clearing immigration the passengers shall go through Departure Custom Help Desk Counter, where they can get stamped their export certificates issued by Appraising Officer, Precious Cargo Customs Clearance Center (PCCCC) at Bandra Kurla Complex Mumbai for jewellery and other dutiable goods. For the information of departing passengers, the Custom Preventive Officers posted at the Departure Customs Help Desk shall keep copies of baggage rules and other information literature, which the passengers may collect for their information. iv. The shipping agent shall submit the entire list of passengers to Customs Superintendent A1 Division or C-1 Division, 24 hours in advance. Further, the Shipping Agent should submit the copy of same to the Customs Superintendent in charge Intelligence in the departure baggage hall who may select the large baggage or hand baggage of passengers for screening based on any alerts or intelligence as mandated under section 100 and 101 of Customs Act 1962. v. Any prohibited or restricted goods as per Foreign Trade Export Policy/rules, found in the passenger baggage, after clearance from immigration, shall attract provisions of Indian Customs Act and other Allied Acts. It shall be the responsibility of the Cruise Vessel Shipping Agent to inform and sensitize the passengers as well as the foreign tourists, with regard to prohibited and restricted goods, who go on Mumbai city, tour for sightseeing and shopping in the local markets. vi. After due clearance from departure Customs, the Cruise Vessel Shipping Agent shall ensure orderly boarding of Vessel by passengers and ensure all the baggage of the passengers are loaded onto the Cruise Vessel. It shall be the responsibility of the Cruise Vessel Shipping Agent to ensure that if any passenger/tourist fails to board the cruise vessel and the vessel has sailed away to the next destination without the said passenger/tourist, the entire details including name, passport number, passport copy showing his/her photograph shall be immediately intimated to Immigration, Customs and CISF.

2(c). SOP for Miscellaneous Circumstances

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i. In circumstances, where the Cruise Vessel calls on any other Indian Port before calling on MBPT and any passenger on board the vessel, who has not got cleared immigration and Customs at that Indian port/ports, but wishes to clear immigration and Customs at MBPT, it shall be the responsibility of the Master/ Cruise vessel shipping agent to submit the details of all such passengers 24 hours in advance, along with their declarations to Customs and Immigration before the cruise vessel starts from that earlier Port/Ports. ii. In circumstances, where there is a mix of International passengers disembarking at MBPT and domestic passengers, who have boarded the vessel at the earlier Indian Port/Ports and disembarking at MBPT port, then it shall be the responsibility of the Master/ Cruise Vessel Shipping Agent to submit details of all such passengers 24 hours in advance to Customs and Immigration before the cruise vessel starts from that earlier Port/Ports. iii. In both the above circumstances detailed in 2c(i) and 2c(ii) above, the Customs shall screen the baggage of the International passengers as well as the domestic passengers disembarking the cruise vessel.
iv. Passengers leaving for Shore leave and Overland journey: All such passengers who are leaving for Shore leave and Overland journey need to submit their declaration called “over landing passenger collective declaration form (Annexure-A)”, of dutiable goods, jewellery, currency etc. being carried by them for personal use only and not for commercial use, during the course of excursion. These passenger shall submit their declaration other than the person effects, to the Cruise Vessel Shipping Agent. It shall be the responsibility of Cruise Vessel Shipping Agent to collate the declaration of all the passenger in the prescribed format- Annexure A and shall submit the same to the Baggage Superintendent In charge (Arrival), who shall endorse the same. He shall ensure that the one copy of the endorsed declaration to be forwarded to the next port with the circulating copy and also the same copy shall be scanned and mailed to next port of call. The Baggage Superintendent In charge (Arrival) shall keep one copy for record. The said declaration givrn by passengers at arrival port should be verified physically and endorsed by the Baggage Superintendent(Departure) at the time of passenger joining the vessel, at the next port of call. It shall be the responsibility of the Cruise Vessel shipping agent to produce the copy of declaration endorsed by Customs of next Indian port of call within 7 days to the Baggage Superintendent In charge (Arrival) from where the Cruise Vessel had departed earlier. Failure to submit the declaration to Customs by the Cruise Vessel

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Shipping Agent or any deviation in compliance of above procedure, shall attract penal action under provision of Customs Act 1962.

2(d). SOP for Corporate conventions, Press meets, and other events booked by corporate on board any cruise vessel between Indian and foreign ports. i. Foreign going participants/delegates: - It is the responsibility of the
such foreign going participants/delegates to declare the dutiable goods at the time of departure, at Custom facilitation counter (Departure) and obtain the Export certificate for the same, from the Baggage Superintendent(Departure). Further, at the time of arrival back into the India, the said participants and delegates shall cancel the same export certificate after due verification of the goods, by the Baggage Superintendent(Arrival).
ii. Participants/Delegates not calling for any foreign ports: - It shall be the responsibility of Cruise Vessel shipping line or the appointed agent to submit the details of the participants/delegates declaration of dutiable goods, electronic/digital equipment etc. to be taken on board, to the Assistant Commissioner of Customs Preventive (General). The Assistant Commissioner of Customs Preventive (General) shall grant permission to take the aforementioned articles on board. The Baggage Superintendent shall check the said articles and endorsed the original copy of declaration. One copy of the same shall be retained by the Baggage Superintendent for record. On arrival of the participants/delegates he shall verify, at the time of arrival, the details of dutiable goods, electronic/digital equipment etc. which were taken on board. 3. The Shipping Agent shall complete the process of arrival passengers from Vessel and after informing Customs, Immigration and CISF and then only start the process of departure passengers in the Terminal building. There are separate gates for exit of arrival passengers from the baggage hall and entry of departing passengers in the baggage hall. No person except Officers of Customs, Immigration, CISF, approved personnel of Cruise Vessel Shipping Agent and on duty MBPT Officers for the Cruise shall be allowed inside the Terminal building. During the Arrival and Departure process, no passenger shall be allowed in reverse flow and it shall be the responsibility of the Cruise Vessel Shipping Agent to follow the rules.
4.
No Private Taxi shall be allowed to enter high security /sterile Customs notified wharf during Cruise Vessel stay at MbPT. The shipping line shall provide shuttle Bus Service from Wharf to Port exit gate/City. They shall obtain permission from Deputy/Assistant Commissioner of Customs Preventive (General) and submit the details of the same.

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The email id to post all the above mentioned passenger declarations as detailed in Para 2a, 2b and 3 above and other submissions at the specified time, by the Master/ Cruise Vessel Shipping Agent is Adivision.NCH@ icegate.gov.in. 6.
Apart from the above clearance procedures, Customs Sniffer dogs may also be deployed for detection of narcotics and psychotropic substances in all baggage, including that of crew members. In case of any alert/ intelligence, Principal Commissioner of Customs (Gen), by order, may deploy the sniffer dogs, along with Customs Intelligence Officers, to inspect the cruise vessel, including the cabins of suspect crew members or passengers for any violation of Customs Act, NDPS Act, Allied Acts and safeguarding Customs Revenue. The MBPT shall make provision of
kennels in the temporary Cruise terminal building.
7.
All the records, pertaining to clearance of Passengers of Cruise Vessels, should be maintained properly, by office of Superintendent of Customs ‘A’ Division Section. 8.
Principal Chief Commissioner of Customs/ Chief Commissioner of Customs, reserves the right to post any Superintendent of Customs/ Preventive Officer to escort the Cruise Vessel between MBPT and any other domestic port, when there are domestic passengers travelling with International passengers, to safeguard revenue and enforce Customs Act, 1962 as and when required. The role and duties of such Officers posted as escort officers shall be prescribed by a Special Order. 9.
Difficulty, if any, faced by the concerned in implementation of the said Public Notice, 0may be brought to the notice of Deputy/ Assistant Commissioner of Customs Preventive (General), NCH.

-Sd-

(V. Rama Mathew)
Principal Commissioner of Customs (Gen)

       NCH, Mumbai, Zone-I 

Copy to:

1. The Pr. Chief Commissioner of Customs, Mumbai Customs Zone I
2. The Chairman, MBPT.
3. The FRRO, Immigration , Mumbai Port
4. The Commandant, CISF, Mumbai Port
5. The Deputy/ Assistant Commissioner of Customs(PG)
6. AC/DC EDI for uploading on NCH website.
7. All concerned - to take note of the above procedures for compliance.
8. Notice Board