Circular No. 2/2016-Customs
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
North Block, New Delhi
Dated the 27th January, 2016
All Chief Commissioners of Customs/Customs (Preventive)
All Chief Commissioners of Customs and Central Excise
All Commissioners of Customs/Customs (Preventive)
All Commissioners of Customs and Central Excise
Subject: Clearance of Livestock and Livestock products- regarding
Kind reference is invited to Boards Circular No. 13/2007- Customs dated 2nd March, 2007 on the subject cited above. Board has already issued instructions reiterating the provisions for import of Livestock/Livestock products to ensure that clearance of Livestock/Livestock products is done after proper quarantine check and issue of no objection certificate by Animal Quarantine Officer.
2. The said circular no. 13/2007- Customs dated 2nd March, 2007, in respect of clearance of Diplomatic baggage and cargo, reiterated that the import of goods which is prohibited by the law or regulated by the quarantine provisions, inspection can be conducted only in the presence of the diplomatic agent or of his authorized representative. However any such inspection should be undertaken only after prior consultation or authorization of the protocol division of Ministry of External Affairs (MEA). A representative of MEA should invariably be present at the time of inspection. Further, Inspection should be based on prior intelligence and with the approval of the Commissioner of Customs. In cases where declaration itself contains presence of livestock and livestock products in the cargo, the standard procedure of referral to Quarantine authorities needs to be adhered to. MEA has informed that such requirement of quarantine authorities in respect of Diplomatic cargo need to be informed to all Diplomatic Missions before the procedure is put in place. Accordingly, it was decided that such referral by Customs should commence only after MEA has briefed all Diplomatic Missions about these requirements.
3. Ministry of External Affairs has now informed that the Diplomatic Missions who are importing Livestock/Livestock products have been submitting a Self Certification along with their Customs Duty Exemption Certificate for import of goods in the format Form 7A recently uploaded on the website of Ministry of External Affairs under the Useful Links/Protocol Division. In the self certification, the authorized signatory of the Diplomatic Mission certifies that he/she is aware that import and export of some specified goods may be restricted/prohibited under the Customs Act, 1962 and Notifications of the Government of India and other laws including the Livestock Importation Act.
4. As such, the Diplomatic Missions are aware of the need for compliance of the laws of the land for import of all goods including Livestock products. Therefore, Diplomatic Missions are already following the procedure for import of Livestock products. However, Ministry of External Affairs has desired that top priority be accorded to Diplomatic Missions while issuing AQCS clearances for their Livestock product imports.
5.Keeping in view the above, it has been decided that Customs should commence standard procedure of referral to quarantine authorities in respect of Diplomatic Cargo and baggage. However, priority may be accorded to such consignments of Diplomatic Missions. Para 6 of the Circular 13/2007-Customs dated 2nd March, 2007 stands modified to this effect.
6. Suitable Public Notice/Standing Order may be issued.
7. Difficulty faced, if any, may be brought to the notice of the Board.