OFFICE OF THE COMMISSIONER OF CUSTOMS (NS-III)
JAWAHARLAL NEHRU CUSTOM HOUSE, NHAVA SHEVA, TALUKA: URAN,
DISTRICT: RAIGAD, MAHARASHTRA-400707.
F. No. S/22-Gen-343/2017-18 AM (I)
PUBLIC NOTICE NO. 112/2017
Subject: First time importers / exporters, verification of documents- regarding
Attention of all the Importers, Customs Brokers and member of the Trade in the jurisdiction of the Jawaharlal Nehru Custom House (JNCH) is invited to Public Notice No. 38/2009 JNCH dated 19.06.2009, Public Notice No. 59/2009 JNCH dated 04.09.2009, Public Notice No. 06/2015 JNCH dated 21.01.2015 and Public Notice No. 53/2017, dated 20 April 2017 regarding submission of KYC documents and procedure to be followed in case of first time importers. Attention is also invited to Standing Order No. 37/2009, dated 01.09.2009 regarding verification of genuineness of the exporters, who are exporting goods for the First time through JNCH.
2. Representations have been received from first time importers / exporters/ other stakeholders highlighting problems faced during verification of documents by Customs. It has been represented that number of documents are being asked from them, which adds to the transaction cost and also delays the import and export shipments.
3. With the objective to promote ease of doing business, reducing use of paper, to make import and export easier and hassle free and also to facilitate easy access of database of first time importers / exporters, aforesaid Public Notices has been revisited and revised procedure for KYC verification of first time importers / exporters would be as under:
i. JNCH has established a ‘Centralized KYC cell’ in Appraising Main (Import), Nhava Sheva- III Commissionerate.
ii. All such first time importers / exporters or their Custom Broker shall (in addition to copy of IEC Certificate issued by DGFT), submit only document as mentioned in Category-I and only one document from Category-II to the concerned Assessing Officer-
(i) In case of Proprietorship Firm: Copy of Aadhaar or Passport of the Proprietor;
(ii) In case of Partnership Firm: Copy of Aadhaar or Passport of the all the Partners and copy of Partnership Deed [A partnership deed, also known as a partnership agreement, is a document that outlines in detail the rights and responsibilities of all parties to a business operation]; or
(iii) In case of Limited Liability Partnership: Copy of Aadhaar or Passport of the designated partners + Certificate of Registration issued by Registrar + LLP Agreement (Charter denotes its scope of operation).;
(iv) In case of Company: Copy of Aadhaar or Passport of the present Managing Director / any other Director+Certificate of Registration issued by Registrar +Memorandum and Articles of Association (Charter of the Company which defines its scope of operation);
(i) A copy of Income Tax Return/VAT or Sale Tax Return / GST Return filed for the previous / current year / month, as the case may be; or
(ii) Certificate from the Bank, with whom the Bank Account is being maintained for the purpose of remittance of foreign exchange to the effect that account is being maintained satisfactorily.
4. Further, if an importer / exporter has exported/imported from any other Customs House and submits proof of past Export/Import made, then, normally, fresh set of documents should not be insisted upon, except for random verification, wherever necessary.
5. It is being expected from Customs Brokers that they discharge their obligations as per Regulation 11 of Customs Broker Licensing Regulations, 2013 (relevant text reproduced below for reference) in proper form and manner and exercise all due diligence.
11. Obligations of Customs Broker.-
A Customs Broker shall –
(n) verify antecedent, correctness of Importer Exporter Code (IEC) number, identity of his client and functioning of his client at the declared address by using reliable, independent, authentic documents, data or information; and
(o) inform any change of postal address, telephone number, e-mail etc. to the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be within one month of such change.
i. The first time Importer shall submit the required documents as mentioned above in the concerned assessing group and obtain acknowledgment. Similarly, Export Assessment Cell (CEAC) will be single point for collection of aforesaid documents from first time exporters.
ii. The assessing officer/Supdt. (P) in concerned assessment group (in case of first time importer) or Central Export Assessment Cell (CEAC) (in case of first time exporter), who had received the documents, will open a separate file for each such first time importer / exporter, as the case may be and File No should be mentioned in the Departmental Comment column of Bill of entry / shipping bill, as the case may be.
iii. Thereafter, they should forward all the documents to the “Deputy/Assistant Commissioner of Customs, Centralized KYC Cell”.
iv. The Deputy/Assistant Commissioner of Customs, Centralized KYC cell will send a list of above mentioned importers / exporters on fortnightly basis to the Deputy / Assistant Commissioner of Customs, EDI for uploading the same on the JNCH website in the following format:
LIST OF “IMPORTERS”WHO HAVE SUBMITTED KYC DOCUMENTS FROM 01.08.2017 TO ———–
|Sr No||File No||Name of Importer||GSTIN||IEC NO|
|LIST OF “IMPORTERS”WHO HAVE SUBMITTED KYC DOCUMENTS FROM 01.08.2017 TO ———–|
|Sr No||File No||Name of Importer||GSTIN||IEC NO|
v. The KYC cell should get, the details submitted by such first time importer / exporter, verified with the help of SIIB (I), SIIB(X) and CIU.
vi. ADC / JC incharge of SIIB (I), SIIB(X) and CIU shall ensure that physical verification of the address declared in the IEC is completed at the earliest in at least 10% of the cases.
vii. For verification of out station addresses, Customs House Authority nearest to that address, may be requested to verify the address of the first time importer / exporter.
viii. Officer responsible to complete verification of aforesaid KYC documents in SIIB (I), SIIB(X) and CIU should also make telephonic call to the concerned Bank Branch as mentioned in the IEC details (obtained from DGFT site) or in the copy of bank statement submitted by importer / exporter to verify the genuineness of the Bank account against that IEC.
ix. It will be the responsibility of SIIB (I), SIIB(X) and CIU to complete the verification process within a reasonable time limit and inform the results to KYC Cell on monthly basis.
x. KYC Cell should maintain details of such first time importers / exporters in a register, including details of verification results received from SIIB (I), SIIB(X) and CIU. This register should be put up before jurisdictional ADC /JC, NS-III on monthly basis. In case of any adverse report indicating mis-declaration, matter should be immediately reported to ADC/JC SIIB(I) to initiate preventive measures including putting an suitable alert against such IEC in ICES. Further, a suitable remark should be inserted in the database hosted on JNCH website against such importer / exporter.
6. The earlier Public Notices issued in this regard as mentioned above stands amended to the above extent. This Public Notice will be effective from 01.08.2017.
7. Difficulty, if any, may be brought to the notice of Deputy / Assistant Commissioner in charge of Appraising Main (Import) through email (email address: email@example.com). Action to be taken in terms of decisions taken in this Public Notice should be considered as standing order for the purpose of officers and staff.
Commissioner of Customs, NS (III), JNCH
1. The Chief Commissioner of Customs, Mumbai Zone-II, JNCH for information.
2. The Commissioner of Customs, NS-G/ NS-I/ NS-II / NS-III/ NS-IV / NS-V, JNCH
3. All Additional / Joint Commissioner 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.
7. Representative of BCBA / FIEO / AIEA for information and circulation among their members for information