Instruction No. 19/2020-Customs
F. No.450/88/2016-Cus- IV
Government of India
Ministry of Finance
Department of Revenue
(Central Board of Indirect Taxes & Customs)
*****
Room No. 227B, North Block,
New Delhi, dated the 18th of of November, 2020.
To,
All Principal Chief Commissioners/ Chief Commissioners of Customs/ Customs (Preventive),
All Principal Chief Commissioners/ Chief Commissioners of Customs & Central tax,
All Principal Commissioners/ Commissioners of Customs/ Customs (Preventive),
All Principal Commissioners/ Commissioners of Customs & Central tax.
All Principal Director Generals/Director Generals under CBIC.
Madam/Sir,
Subject: Imports from North Korea (KP)/Exports to North Korea (KP)- reg.
The undersigned is directed to refer to the United Nations Security Council’s (UNSC) Resolution relating to the above subject, the latest being 2397 (2017). The UNSC’s resolutions have been adopted by Government of India and the above stated resolution has been given force in law by way of DGFT Notification No. 52/2015-20 dated 07.03.2018.
2. Vide the above said Notification dated 07.03.2019, the import and export policy of DGFT has been further amended outlining the prohibitions on imports from North Korea and exports to North Korea in para 2.17 of the Foreign Trade Policy 2015-20. DGFT has also issued Trade Notice No.16/2020 dated 16th May 2019 to further clarify item descriptions and corresponding HS codes relevant to the said notification dated 07.03.2018.
3. It is noticed that several consignments have been interdicted by RMS in this regard. Upon scrutiny of these instances of imports/exports, it has been found that these are due to inadvertent data entry mistakes at the time of filing the Bills of Entry and Shipping Bills. However, despite instructions from the RMS to amend such data entry errors, Customs field formations have been clearing such import/export consignments without the requisite amendments. It may be appreciated that, once OOC/LEO is given without amendments, the data gets published by Directorate General of Commercial Intelligence and Statistics (DGCIS) leading to avoidable misinformation of violations of import/export prohibitions in this regard.
4. All Customs field formations are directed to ensure strict compliance of the legal prohibitions in force in regard to imports/exports from/to North Korea, and in case of bonafide errors in data entry, the Customs clearance (OOC/LEO) are to be allowed only after amending the data entry to delete the incorrect reference to North Korea and mention the correct Country of import/export (other than North Korea).
5. Suitable amendments in the RMS would also be made promptly.
6. Any difficulty in this regard may be informed to Board.
Yours faithfully,
(Ananth Rathakrishnan)
Deputy Secretary (Customs)
Email : [email protected]
Ph 01123095551
