Regarding Public Notice No. 30-2018, dated:- 19/12/2018, is hereby issued.

---.....- ..... ~ @. ~., ' .. OftlaebtT~ AsSlstilnt : oomm"lIlon1rOfC~ms , 19' PH lOlS '@ coumePtCELl, 'CSIAlRPO~ • .. ' $I\HA~ AI·&Qt .::.... 1 . ....--------..-- "-----.. .' OFFICE OFTHE COMMISsioNER OFCUSTOMS (II) . (AIRPORT SPECIAL CAJ«;OCOMMISSiQNmATIi) . 6t1i. Floor, AVASCORPORATB POINT, • MAKWANA I.aNI1 ANPfJImH!l!RI.A RoAD, ANDRER!!!il. MuMBA! 400 OS9 F, No.: AlrSCC/02-36/2018-19 "'!mn <n . Dated: 19,12.201_8~~_ '\ \ '.-- . . PUBUc NOTICE NO.;;on018 1 Various representailons have been received from' the trade with respect to ~,~t Inconveniences ,fated by them at t~e, Piedaus Cargo (ustomS Qeal<jnal (ent~ {pcccq atlh" Bharat DIamond Bourse'(BOB), Bandra Kulla Complex, Mumbai. ~"'. . 2. Such grievances were also raised· al;Ihe bpen House chaired by the Member (Cpstoms). CBIC Qr),S.12..201B. H _ ••~ ~,.r. _ ~...~ r.. ,.__.._ . • ------.__... 4. Hence, as an immediate measure, it has been decided to set up a Sustoms Help Desk (CH!?l at the peccc, BOB. 6. This CHD shall be man,ned by a SuperintendentIPreventive Officer and an Appralser/ExaminingOfficer, assisted by two ministerialslaffCT.A! S.TA) and two sepoys/ havaldars. The Officers shall repprt directly to the Assistant COmmjssioner/DepulyCommi~sioner (AGOQ. Vigilanie, Hqrs, APSe. . S. The aim is 10 make importers and exporters self ~Iiant by transparency of process at all stages of assessment and examination. and Immediate action on -. . 9.rievances. .•.•.3.

anie, Hqrs, APSe. . S. The aim is 10 make importers and exporters self ~Iiant by transparency of process at all stages of assessment and examination. and Immediate action on -. . 9.rievances. .•.•.3. Consultations were made with the Chairman and Executive Oirector, Gem and :' Jewelle/)' Export Promotion Council (GJEPq so as to ameiierate the situation and improve the ease of doing business at PCCCe.· ~lti ];. ilJJ1 • o". A'. " "'. .. . ~ . .. . ce .':.:f. '. O...o. c--.a 6"•• ~ 0» ,~.'" C"•. (') d., ~o d '" ~oa.. ~o-o.a 9o o ~ Q o-o i 9 o b b \o , o .• ,-"-,, _ ... h •••••••• _ •• .. •••••• _ D

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To help and guide lbe importm and exporters so that they are not dependent on 'any other person or middlemen for proper guidance and to provide correct infonnation' about Customs processes and aiso indicate walling time for the selVice ~ought depending upon the poSition of the importer OF aporter In the que,ue..

'To implement the Crtizen Charterofthe emc ." "/ Monitoring the work of all the Sepoys, Havaldars and'Head Havaldars at Pq:CC Induding the aiD viz. monitoring their courteousness 'tOWdrdS the trade and aiso 'the orderliness of trade so as to ensure the',comfo!,!' of importers and exporter>. Ensuring that the packing and sealing of consignments and other duties to be p;,rronned by these staff are performed' . immediately without any de,lay or hal'ilssrnent, Monitoring th~ work of all the TaxAssi$nts and SeniorTaxAs,sistants posted at PCCCC InclOding the CHD viz.

p;,rronned by these staff are performed' . immediately without any de,lay or hal'ilssrnent, Monitoring th~ work of all the TaxAssi$nts and SeniorTaxAs,sistants posted at PCCCC InclOding the CHD viz. documents as submitted by importers and exporters are immediately registered In the prescribed registers and on the ICES System, on f!rS;,..~'1me tiJ]!, swed ,basis only. There, .should be no, complaint of any particular person or group or broker being favoured on these maner>. . . EllSt!rlng that, all services are rendered on Arst Come First Served basis only and that there Is no instance of queue jumping. For this purpose, ihe CHD may adopt a queue management system based on numbered slips or tokens. ~nsuring that. the SelVice Centre is manned at all times andthe Touch Screen Information Kiosy.sare worldng and functional at all times. They shall ensure that, the staff'at the Service Centre are courteous and the . queues are structured and orderly'and t'he .service is rendered on first come first served basis,only. Ensuring that,-no unauthorized pewn. is allowed into the Customs Area. Proper identification is always carried by all persons and no middlemen are allowed to enter 'or operate. Any unauthorised person found In the PCCCC shall be dealt with in terms of the Customs Act, 1962 and the IPC. 1860 and all ,laws applicable including'those relating to trespassing. . Every complaint of harassment or demand for any consideration by any staff of Customs shall be. patiently and courteously received, and if oral, shall be' reduced to writing and got signed by the complainant.

plaint of harassment or demand for any consideration by any staff of Customs shall be. patiently and courteously received, and if oral, shall be' reduced to writing and got signed by the complainant. Such complaint shall 2 ®~ .. . , ••• 0.' .---",~...__ ' __ ~~ ,.... .__ .__ .H_. ··..•• ... " 7. Thefunctlons of the CHD shall be as under: ... .... .:..----:...~..-~ -._.- ..

' .. ,:") '-., --' .._--~. '--'-.- -----~-. be Immediately escalated to the AC/DC (Vigilance), Hqrs. APSe, Mumbai . orallyand by EMaill Fax. . . . . . .", -', In case afcomplaints of dela~ In prcicessin9 Imports or ..exports, the CHD Officers shall effectively coordinate With the relevant AC/DC, ImP'?rts or Exports, pccec andlor the Appraising Group and communicate.the cause of delay to the complainant This must be donewithin 60 (sixty) minutes.

The'Officer; ofthe CHD shall coordinate with the.BDB Authorities and GJEPC fOfimprO'ling the'amenlties 'avallabl<; 'forthe Il"!lporters and exporters and Customs staffIn thepeeec. . .' " The OlD shall also take ,up any complaint by the Customs staff, about 'intimidation ormisbehaviour or inducement orany threa~ by any i~porter or exporter or neenced cunoms broker. They shall promptly bring'such matters to notice of GiEPC arid BOB authorities. as well Customs staff at pcecc shall give Immediate, detailed written reports ofea.ch such Inddentto the CHD•. . ...... 8. Notice Is taken of the amendments made to the Customs Acr., 1962 by the Ananee Act, lO1S,w.e.f. 29.3.2018.

shall give Immediate, detailed written reports ofea.ch such Inddentto the CHD•. . ...... 8. Notice Is taken of the amendments made to the Customs Acr., 1962 by the Ananee Act, lO1S,w.e.f. 29.3.2018. A ProviSo has been inserted 'in' Section 17 (1) and so also the first Provisos have been substiMedJjnserled in Section 47 and Section 51 of the CU~2.rn~ ..Aj:l., 19.62, so' as 10 stipulate that, 'selection of verification oi. ~th: entries made in Bills of Eniryand Shipping Bills as well as sell assessment made by importers and exporters, shall be made on the basis of risk evaluation through appropriate selection criteria. Hence, the law now mandates ,verification based on appropriate selection criteria. This appltes to alf importS an~ , exports. Customsstaff have to take note of this position In law. 9. It is reported tha~ owing to the nature ofthe trade in ge(l1stones. most import or export documents are filed late in the day and mostly between 3 to 4 p.m. This Is more so in.case of ~xport consignments. Alof.cif pressure is exerted on Customs to dear all export consignments the same d"y. The Customs staffare required to work upto at least Sp.m. so as to ensure that exports are not held up. This casts some very specific responsibilities on' the importers, exporters and licensed customs ~rokers to give correct a~d comRlete descriptions/doeume~ts and present the goods in categories, packings and forms which support speedy examInation and assessment as well as.on Custol]1S to take proper. informed decisions quickly. , . 3

scriptions/doeume~ts and present the goods in categories, packings and forms which support speedy examInation and assessment as well as.on Custol]1S to take proper. informed decisions quickly. , . 3

lo.lnstruC!ions have been issued to the AClDe Imports and Exports, Customs, pceec that, tfte response time of CUstoms for any import or export, as far as possible, shall be within 12 (lW~!ve) hour;. Such timeoU2 (twelve) hour; shall be calculated from the delivery of the precious cargo by the Custodian La. BOB to the Customs through the Importer/exporter/licensed customs broker. It Is . . infunned that BOB retains time stam~s ofsuch deliveries. 11. No assessment or examination or c.nYCustoms.process, by.any Officer or Expert, shall·be undertaken in any area which Is not under CCTV coverage of BOB. No. interaction of any Customs staff with any importer, exporler,i'icenced customs broker or representative of the trade shall take place in any area ncit underCeN co,!erage of BOB.. 12.Withil) such 12 (lWelve) hour;, Customs shall deliverany one ofthe following five responses:

(i) In cases where the declaration is complete and correct. clear the export or import consignment for Customs purposes Qnduding 'such cases where importer or exporter agrees to a reassessment ofdB'!.sification or. value as advised by the AC/DClmpgNExporl;"PCCcq

• . (Ii) Direct p~ovisional assessment and clearance in terms of Sec 18 of the Customs Act.

or exporter agrees to a reassessment ofdB'!.sification or. value as advised by the AC/DClmpgNExporl;"PCCcq

• . (Ii) Direct p~ovisional assessment and clearance in terms of Sec 18 of the Customs Act. 1962 (iii) Refer the fmport or export con~ignment to the Panel ofExperts .. (iv) Refer the Import or export consignment to an authorised laboratory for testing '(v) Seize the import or expor. consignment. in case of any offending goods, tinder Section ·nO.of the Customs Act, 1962. 13.AII effort shall be made to give the responses' at 1O•.Qu) and Qv) above within 6" (six) hours.

14. In recognition of the fact that, Customs doeseequire skill to assess precious cargo because of the domain ~nowledge and expertise involved, a Panel of Experts recommended by GJEPC is appointed. The opinion of such a Panel is greatly desired and respecled. However, on account of various unfortunate events in J~ly. 2018, the following procedure is prescribed: Customs shall accept the opinion of the Panel of Experts, except in case orany .specific intelligence of al)Y collusion between the Paner and the Importer or 4 •• ,1.'00 ....._ •••• rI

s prescribed: Customs shall accept the opinion of the Panel of Experts, except in case orany .specific intelligence of al)Y collusion between the Paner and the Importer or 4 •• ,1.'00 ....._ •••• rI

.... .. .---- ..-- .. I. "-'---"'--" .-..- ..-.. " ...:- " .-- .-.--_.... .Exporter or Broker. Such intelligence shall be immediately reduced to writing and communicated immediately to the AC/DC (Vigilance), Hqrs, APSe. Due note has to be taken of t~e fact that such Experts, iormerly'appointed to the Panel based on the recommendation 01 the G.JEPC, were found to be collUding mth.importersll!Xjiprters In. acts of misdedaration, by the Directorate ofRevenueIntelligel)ce, . Customs shall refer any consigimlent of import or export to the Panel" of F.xperts, also incases where siJch feqUl!sHs made by the Importer or Exporter in writing. . ' j

In case of diamonds subjected to the Kimberley PIOCe5S Certification Scheme (KPCSj, the KPCS Certificate which is issued by the Designated Agency in the C1Junlly of Supply mentions the value of the goods. The authenticity. of this Certificate is validated by the GJEPC. However, in cases of imports from 'suspect countries of supply or exports to suspect countries of export, or in cases of imports-from S\l5pect suppliers or Imports and exports by suspect importers or exporters; the KPCS Certificate value cannot form tl)e basis for assessment.

suspect countries of export, or in cases of imports-from S\l5pect suppliers or Imports and exports by suspect importers or exporters; the KPCS Certificate value cannot form tl)e basis for assessment. If there is any specific intelligence as to undervaluation or overvaluation insuch cases, such intelligence shall be immediately redu~ed to writing and communicated immediately to the AC/DC-Import or Export at -PCCCe. There may be no need to refer the import or export consignment already referred to the Expert Panel and opinion is given, for a second opinion. except in cases of coliuslon as stated above. • However, in caseof a serious dispUteto the first Expert Opinion. the issue may be referred to committee of3 (three) Experts for asecond oplOfon: However, this must be donewith as little delay as possible.. The import or export consignment referred to the Panel of bperts, either by Customson theirown motion or at the r"quest afthelrad., shall be allotted a reference number. by the AC/DC, Customs. The referehce number will bE> a sequential numb~r and will be entered in a Reference Register. Bill of Entry (6E) and Shipping Bill (56) Wise. The consignment referred shall be taken by the "customs stoff only, to the Expert alpng with a·Reference Memo. ThE> Reference Memo shall slate only the Reference Number and deciared de5:criplion and value of goods. There shan be no revelation ofthe Identity of the Importer or exporter or licensed customs broker orthe BE/sB number. The , Experts shaJl give lheir evaluation report (E)fR) on the Reference Memo under their.

n be no revelation ofthe Identity of the Importer or exporter or licensed customs broker orthe BE/sB number. The , Experts shaJl give lheir evaluation report (E)fR) on the Reference Memo under their. dated signature, stamp and seal ofidentit>'_ 5 .. . : ._.:::..•.. ..

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Nt records of references made to the Panel Qf Experts along with Reference Memoranda and Evaluation Reports (EVR) shall be. scrupuloiJsly maintained with Bill of Enllyand Shipping Bill delaOs by Customs In the PCCCC Reference number and Expert Evaluation Report (EVR) shall be recorded In the ICES In the appropriate Remarlcs. . . BOB and. the GJEPC shan immeQiately provide a private seating lIrea for the . Panel of Experts ~thln the PCCCc, secured by CCTY coverage, insulated from the trade entirely. Thls.shal(prevent any knowledge of the identity of the Importer or exporter or licensed customs broker and shallprevent any cause for bIased opinion or foul play. No Ucensed customs broker or Importer or Exporter'shall. beallowed to interact, in any manner. with any member of the Panel of Expertsorto enter their seating area. . '- .BOil and: the GJEPC are requested to ensure attendance bY all Experts . appointed. Custorns reCllgnls'lS tha~ Experts are eminent persons from the trada who ar~ giving thefr valuable time for fadlirnting prompt clearance by . Customs. However. lIbserice of appointed Experts and lnsullident number 'of Experts Is 1I serlouHaus~ for concern. . BDB and GJEPC are requested to recommend as many numbers of competent and respectable ~e",.

However. lIbserice of appointed Experts and lnsullident number 'of Experts Is 1I serlouHaus~ for concern. . BDB and GJEPC are requested to recommend as many numbers of competent and respectable ~e",. asthey.can, so that the strength· of the'Expert Panel may be ~ulU;'blya'~gme~ted, after due process of veritkation by Customs. 15.1n case, importers and exporters are unsure of the nature, description. quantity or value of their consignment. they are requested to opt !Dr eitlier the facility of prior examination of consignment fudlity.under the Second Proviso to Section 46(l} of the Customs Act. 1962 OR .for First Check assessment of consign'!1ent This shall ensure tha~ there shall be no. ground for alleging misdcclaration against such importer or exporter and Customs shall itselr determine the Ingredients essential ror assessment and appr~isal of the consignment. 16.lmporters and Expoilers are requested to proVide the gems segregated as per prescribed standard sieye sizes or as per categories provided In the Rapaport Diamond.Report which Is iss~ed on a monthly basis. This shall faal/tate quicker assessment by Customs. Exporters,.espeaally. are requested to do this prior to filing of Shipping Bill so that exports are not delayed. • 17.Customs generally relies upon Certificates issued by authorised Testing laboratories, except In cases ~f iliteffigence that such certificates are either 6

Bill so that exports are not delayed. • 17.Customs generally relies upon Certificates issued by authorised Testing laboratories, except In cases ~f iliteffigence that such certificates are either 6

r> (1•o ~ ~•o ~ ~o ~ ~o (ia o o ~ ~ '"q er······,··,· --.-. .~-.-._.... . forged or do not pertain to the consignment for which presented. Importers and Exporws are informed tha~ In case they submit any such certificate to Olstoms, .the goods must match all requirements of-s~ch certificate. This applies to re importsalso. Goods, whose Identity hasbeen ~tabllshedat thetime of export on .the basis of a particular certificate, when Ie Imported must meet the r~quirement of.such certificate only. The Report numbers as mentioned in such· CertifiCates' . and which are etch~d/engraved on iheoutel edge' (girdles) of th'e gem: or hallmarl<s or such Identification numbers il$ are inentioned in stich certificates are the means to establish identity. These must not bealtered or obliteratedIfgoods preserrted for assessment. on the basls.of such certifiCation, aie found to be not . in terms of:the certificate, they may be subject to seizure on the ground of misdedaration. 18.ImportelHnd Exporters are Instructed to ensure that the measuring instnnnents used' by them are properly calibrated. They are requested to categorically state 'on the Shipping Bill or Bill ofEntry, the brand and type of measuring Instruments . . . US'1d by them e.!!. gauges, callipers .etc. for determining the dimensions of the gems for dedarallon ·on their Customs documents, invoices etc..

ry, the brand and type of measuring Instruments . . . US'1d by them e.!!. gauges, callipers .etc. for determining the dimensions of the gems for dedarallon ·on their Customs documents, invoices etc.. This sha!1 .....facilit."te proper ex.amlnJltl.qn ..and assessment by Customs and prevent disputes arising from instrument/gadget variations. 19. GJEPC and BOB are requeste~ to provide to the Customs at PCCCC at least 20 sets of all WIieties and brands of measuring instruments, commonly usef!.by the trade. This shall facUitate meaSUrement by the appropriate Instrument and method and prevent cause fqr dispute. 20. Importers and Exporters are requested to categorically state on the Shipping Bill or Bill of Entry the facets/ faces of the g'em adopted for determining the dimensions of the gems for declaration on their Customs documents, invoices etc This shall fadlitate proper examination and assessment by Customs and prevent disputes arising out of any varying method ad~pted by Customs from those adopted by the importer or exporter. . . 2L Exporters who export on Consignment BaSIS or for exhibition are requested to give photographs and test laboratory Certificates,. as far as possible, so as to. • support identification.at the time of re import. Re import of goods exported on consignment basis, as'far as possible, should be in the same segregation of size 7 . -..,..~ .-.:..~ -'

, so as to. • support identification.at the time of re import. Re import of goods exported on consignment basis, as'far as possible, should be in the same segregation of size 7 . -..,..~ .-_.:..~ -'

'. '. 27.1t has been reported that the Staff of various licensed customs brokers are preventing the efficient and legal functioning of the pcccc. There have been allegations of collu,lon on account of ,uch person,. It is directed that only , authorised persons holding proper identity cards, Vlorn on their person in a clearly visible manner, shall be allowed in the PCCCc. There shall be regular S . packets as when exported. This shall support easy identification of the ce imported goods. TIll! re import of such goods in mixed lots Is a cause fqr dispute and delay. However, for large size gems ( for e.g. 01 0.25 Carat and above), they'. -. shOUld bepresented as individual pieces (Netf 9/2012 Cus relers) 26. BOB and the GJE~C are reque'ted' t~ immediately provide a Kio'k ba,e? Queue Management System along with E1ectronlc Display Board and Automated Public Address System for generating structurel! queues at the Service Centre as well as other Customs points for e.g.'. submis'ion of document" registration of consignment, query handling etc. Such. SYstem shall ensure transparent and effective ticket based ranking of importers and exporters coming to the PCCCC for different Customs processes. It shall support the first· come first selVed concept and preventany person being favoured. 22. Proper records and control registers shall be maintained by the AC/OC.

for different Customs processes. It shall support the first· come first selVed concept and preventany person being favoured. 22. Proper records and control registers shall be maintained by the AC/OC. PCCC€ of exPorts and re Imports made on con;ignment basis, so that a prope~ mechanism is in place for establishing their Identity. This is to be done as per the directions of the Comptroller and Auditor General of India of India ini their Performance Audit Rep0r:t No.lioT2016 for Chapler1l of the Customs Tariff. . 23. New technologies for e.g. Optical Digital Imaging Technology etc. are today available for identifi,cation of gems and storing the Images comprehensively for future reference. BO.B has offered to p;ovide machines based on such technology . (e.g. Smart I etc.J"Theyare directed to piovlde 5 such machines immediately. 24;Examll)ation and assessment o/gold and gold Jewellery shali 6. done only upon testing by the Gold Purity Spectrum Analyser machines deployed by CuStom,. .. ' ....:2.5,!"ost laboratory. Grown Diamonds-are being sent to authorised iaboratories for identification.. To decrease dwell time and ensure faster re'ponse by Cu,toms BOB is directed to immediately provide appropriate machines for testing of ,uch gems. • '. I I I iI ; I ! j I ii, I i i 1 j I o 6..o oo»" t) o ;t " o D '" t;I p /t) b"'" (1:4 Q:. da ~ ~ ('J ~ c;. o d-. c;, o ~o o,o•o o r- (')•o

y provide appropriate machines for testing of ,uch gems. • '. I I I iI ; I ! j I ii, I i i 1 j I o 6..o oo»" t) o ;t " o D '" t;I p /t) b"'" (1:4 Q:. da ~ ~ ('J ~ c;. o d-. c;, o ~o o,o•o o r- (')•o

3L This Public Notice shall not in any manner, affect the ri9hts of the Directorate of Revenue Intelligence (DR!) or any law enforcement agency or any anti corruption . .
agency, in pecforming their functions within the pcecc 2aA/so, authorised persons should not 'enter the Pecce, except In relation. to dearance of lmpolls and exports (It'c'Onsl~nm~nts dealt with by their ncensed agency alone. Thepccce Is not ~place for InformalsociaUsati0lJ. scrutinyoftheCqv footage ofthe BOB, on a dallybasis, to identify unauthorised persons entering the' PCCCc. These pelSons and if they are staff of any Ocensed customs broken. such licensed customs brokers. shaD be fiable tei'prosecution in tEmns of the law. Immediate aclion shall be taken against Customs staff found' dealing with such persons. . I 1 -.-.--... --.--' --=- ..-_.....---- .~. . ~ -A•.J1,'" /-, 1?·/2.. 1.o(Y (HITESIl SHAH) (COMMISSIONER) AIRPORT SPEOAl CARGO, MUMBA' 9 -'- '-" - 29.AI' importerS, ~rters .and brokers should note that any.obstruction, of any staff of Customs, in perfocmiQ9 their offidal legal functions is punishable with Imprisonment under Section 353 of tlie jpc, 1860 as well as SectIon 133 of the Cu~ol)1s At:l,' 1962.

struction, of any staff of Customs, in perfocmiQ9 their offidal legal functions is punishable with Imprisonment under Section 353 of tlie jpc, 1860 as well as SectIon 133 of the Cu~ol)1s At:l,' 1962. .'Illere should I;>e n<\ threat or Intimidation or Inducement or. pressUre exercised on,the Customs staff,to prevent them from performing their functions under law. 30.The Customs Departmeritundertakes to behave legally. courteously and with due civility to all its clients along with.tlme bound action and prompt tediessal of . --regltimate ·griev3es. However, any threat or intimidation or pressure on the Customs staff shall be dealt with. in accordance with the law with equal promptness and seventy. Any attempt to influence Customs staff, by threat or calls from powerful entitles, so as to interfere with their functioning, If reported, shall be dealt with in accordance with the law.. I'..··-. j I I! I j I I • o Q.. Q Dn•D o '0 ~ w(j o ------_. b-"-~-'---~-'- ~, C) r;Ja At: ~. ~ , o. ry. --e;, oa" ~oa"o () '"""o•o o (;•o o ~.. Q

'. I i I!') II I IIi. . ,j I , ;!!III . I, ! I i; ! ! I b---···-_·· ....-. , -" -"'-"-.. ----- "'--"-' C!'py to:

1. The ChiefCommfssfonerofCustoms, Mumbai Zone-ill.
2. Commissionerof Customs, APSC.Mumbal Zone-m; >:..,_
3. Joint Commissioner ofCUstoms,. APSe, Mumbal Zone-ll1,
4. AU DC/ACs,APsc, Mumbai Zone-m;
5. GlEl'C, MulJllja~ .6) MIs Bhara! Diamond B~urse, Mumbai 7} BCHAA/ Customs Brokers Association, Mumba~
6. EDt APliC, Mumbal for uploading on website,
7. .Notice Board, . . 10)Offl~ Copy 10 ..---=----- '.'_.- I