CBEC - Customs Section - Revised work distribution.

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F. No. 401/136/2005-Cus.III Government of India Ministry of Finance Department of Revenue Central Board of Excise & Customs 159A, North Block, New Delhi – 1 16th February 2009. O R D E R Subject: Customs Section - Revised work distribution - reg. With the approval of competent authority, the work allocation between the various customs sections issued vide Office Order of even number dated 23.9.2005, is hereby revised to the following extent: 2. In the work allocated to Customs Coordination Section (Cus.III section) under part A of para 4 of the said order dated 23.9.2005, the following shall be inserted after the entry at Sr. No. 8- "9. Co-ordination and monitoring of all Customs audit work connected with Draft Audit Paragraphs, Action Taken Notes (DAPs/ATNs) and reports of C&AG and PAC; follow up action with C&AG/Monitoring cell." Consequently the existing entry at Sr. No.9 be renumbered as Sr. No.10 and para 5 of Circular No.1/2008-Customs dated 9.1.2008 issued from F. No. 40112/2008-Cus.III regarding allocation of work to Director General of Export Promotion shall be deleted. In the work allocated to International Customs Division (ICD) 3. under part G of para 4 of the said Order dated 23.9.2005, the following modifications shall be made: (a) The entry at Sr. No.1 relating to World Customs Organisation (WCO) matters and Sr. No.5 relating to World Trade Organisation (WTO) matters shall be deleted; (b) The entry at Sr. No.7 shall be substituted by "Work relating to International Conventions/International Organisations excluding work related to OECD and ASEM"; and (c) The entry at Sr. No.11 shall be substituted by "Processing of for deputation of officers to attend meetings, nominations trainings, seminars, workshops etc. on customs matters in foreign countries." 4. Consequent to the above revision in the allocation of work, the work relating to customs audit shall be transferred from DGEP to Customs Coordination Section (Cus.III Section). The Drawback and RI&I (Anti-smuggling) Sections of the Board shall continue to send their replies to Audit after approval of the Member (Customs and RI&I), however copies of such replies shall be marked to Customs Coordination section (Cus.III) for overall coordination of customs audit work. The work relating to WCO, WTO, OECD and ASEM shall hereinafter be dealt in the following manner: (a) Special cell shall be created in the office of Director General of Safeguards, which would have one Addl./Joint Commissioner supported by one AC and 4 support staff (Superintendents and Inspectors). This cell would report to Joint Secretary (Customs) and would assist the Board in the WCO work including downloading the agenda, preparation and approval of brief, briefing the officer, getting the report of the officer and follow up action. Apart from WCO work, this cell should also handle the work relating to OECD, ASEM and remaining WTO work i.e., origin and valuation (other than trade facilitation work assigned to DGEP). (b) The work relating to WTO Negotiations on Trade Facilitation shall be dealt by Director General of Export Promotion as per Para 3 (IX) of Circular no. 1/2008 dated 9.1.2008 issued from file F. No. 401/2/2008-Cus.III. In the Board, the aforesaid work would be handled by JS Customs. The WTO Sub Group constituted by the Board would continue to provide technical inputs for the WTO TF negotiations. Therefore the work in DGEP would be primarily limited to coordinating the meetings of the sub group and consolidating further approvals and communication to Department of Commerce. comments the for (c) The remaining work of the ICD section (other than WCO, WTO, OECD and ASEM) would continue in the said section under Director (ICD) and Commissioner (Cus/EP) Some of these works may directly or instruments/ indirectly relate to WCO or WTO conventions such as ATA Carnet, Customs Mutual Assistance Agreements, IPR etc. However, these may continue to be handled by Director (ICD) and Commissioner (Cus/EP) as per the present work allocation. (d) Joint Secretary (Customs) is nominated the contact point for WCO in place of Director (ICD). (e) The foreign deputation files would continue to be dealt by the ICD section in the Board and would be put up to the concerned JS level officer through Director (ICD). Joint Secretary (Customs) shall remain the nodal officer for monitoring foreign travel expenses. 5. Consequently, the revised allocation of work between the various Customs sections of the Board (in revision of the earlier order dated 23.9.2005) and the allocation of work to DGEP (in revision of earlier order vide Circular No.1/2008-Cusloms dated 9.1.2008 issued from F.No.401/2/2008-Cus.III) would be as per Annexure-A and Annexure-B enclosed to this order. M.M.Parthiban Director (Customs) Encl. As above Copy to: PS to Chairman (E&C). All Members, CBEC. CDR, CESTAT. All Chief Commissioners / Commissioner, CBEC. All Directorates, CBEC. All Joint Secretaries /Directors/Deputy Secretaries, CBEC. All Under Secretaries/OSDs/STOs/TOs, CBEC. Guard File. (Enclosure to order F. No. 401/136/2005-Cus.III dated the 16th February 2009) ALLOCATION OF WORK BETWEEN CUSTOMS SECTIONS IN CBEC ANNEXURE-A A. Customs Coordination Section (presently Cus - III Section) 1. Monitoring the performance of the field formations of Customs in all areas of work including arrears of customs duty and disposal of unclaimed goods through all periodical reports and Action Plans. 2. Monitoring working of CRCL and infrastructure and equipment requirements of CRCL. 3. Co-ordination of all works in the Customs Wing. 4. All Complaints / grievances from the trade. 5. Compilations of statements of pending VIP references, Parliamentary Assurances, implementation of Annual Action Plan, other periodical returns, reports of various Committees, Trade Statistics. 6. Estimates Committee and other Committees of Parliament, their study tours and the related work. 7. All policy issues concerning management of hazardous waste including framing of guidelines on import/testing of dangerous/hazardous chemicals. 8. Prohibitions and Restrictions under Section 11 of the Customs Act, 1962. 9. Co-ordination and monitoring of all Customs audit work connected with Draft Audit Paragraphs, Action Taken Notes (DAPs/ATNs) and reports of C&AG and PAC; follow up action with C&AG/Monitoring cell. 10. All miscellaneous matters concerning Customs that concern more than one particular Section. B. Customs Policy Section (presently Cus – IV Section) 1. Customs Procedures regarding – • Clearance of goods at Ports/ Airports/ICDs. • Customs duty Refund Cases at all Customs Houses. • Transhipment of goods. • Inland Container Depots, Container Freight Stations-Appointment of and procedures relating to Containerisation. • Coastal Trade including procedure and regulation under Chapter XII of the Customs Act, 1962. • Imports of goods through courier mode. 2. Implementation of Kyoto Convention. 3. Standardisation of Customs Forms. 4. Delegation of powers of Adjudication of Customs Officers. 5. Appointment of Officers under the Customs Act, 1962. 6. Re-importation of goods of Indian origin under Section 20 of the Customs Act, 1962. 7. Quality Control on export commodities. 8. Matters concerning Customs and Central Excise Advisory Council, Customs Advisory Committee and Port Advisory Committee, Various standing Committees, Inter-Ministerial Standing Committee for setting up of ICDs/CFS, Export Promotion Board chaired by Cabinet Secretary. C. Customs Valuation & Special Exemptions (presently Cus – V Section) 1. All matters concerning Ad-hoc Exemption under Section 25(2) of the Customs Act, 1962 including formulation of ad-hoc exemption policy. 2. Valuation under Customs Act, 1962 including fixation of tariff values. 3. Fixation of Exchange rates for foreign currencies. 4. Customs privileges and exemptions for the President of India and the Governors of States; Diplomatic Corps. UN and Specialised Agencies like UNDP, UNICEF, FAO, etc. League of Arab States Mission and Palestine Liberation Organization (PLO), Afro-Asian Rural Reconstruction Organisation, US AID Mission and Ford Foundation. Foreign Experts coming under Bilateral Technical Cooperation Agreements with Government of India. Agencies Co-coordinating grant of aid on behalf of foreign countries (such as OECF, Japan; GTZ, Germany; CIDA, Canada etc. IFS Officers and other category of officers on deputation to foreign Governments. 5. Customs facilities and protocol for VIPs at International Airports. 6. Sale/Disposal of duty free goods/ cars by privileged persons. D. Air Customs Section (presently- Cus – VI) 1. Grant of special permission for landing of aircrafts on international flights at places other than notified airports. 2. Baggage Rules, Transfer of Residence Rules, Tourist Baggage Rules. 3. Matters relating to clearance of passengers at Airports. 4. Integrity Management at the Airports - Handling complaints against the staff and officers of Customs posted at the international Airports. 5. Policy relating to import of gold and silver, import of fire arms, etc. 6. Customs House Agents Licensing Regulations. 7. Port Trust Act, Arms Act, Antiquities Act and other allied Acts. 8. Write off/ abandonment of claims with regard to irrecoverable duties and penalties and fines. E. Land Customs Section 1. Warehousing. 2. Imports and Exports through post. 3. Bonds and Guarantees. 4. All Policy matters, trade agreements and transit arrangements relating to Afghanistan, China (Tibet Autonomous Region), Nepal, Bhutan, Pakistan, Bangladesh and Myanmar. 5. Appointment and declaration of Land Customs Stations, Ports and Airports under the Customs Act, 1962. 6. Matters concerning cess. 7. Carnet/Triptyque for tourist vehicles. F. Customs Tariff Unit 1. Classification of goods imported and exported for the purpose of assessment to duty, interpretation of Act, rules, regulations, exemption notifications etc. and issue of Tariff Advices and instructions relating thereto. 2. Customs Tariff and any Legislative and other preparatory work relating to its updating. 3. Conference of Commissioners of Customs on Tariffs and Allied matters. 4. Legislative work relating to administration and levy of anti-dumping, Countervailing and Safeguard duties. 5. Project Imports. 6. Work relating to Harmonised Systems Committee of WCO. G. International Customs Division (ICD) 1. Agreements and MODs for mutual administrative assistance in customs matters with other foreign governments. 2. Regional Free Trade Agreements, Preferential Trade Agreements and Joint Trade Commissions with foreign governments. 3. All matters relating to enforcement aspects of Intellectual Property Rights (IPRs), particularly with regard to border measures. 4. Formulation and interpretation of rules of origin and procedures etc. (Matters concerning grant of tariff concessions under these agreements will be handled by TRU) 5. Work relating to International Conventions/International Organisations excluding work related to OECD and ASEM. 6. ATA Carnet on Fairs and Exhibitions, policy formulation and requests for extension of export period and sale of goods. 7. Organising International Customs Training Events. 8. Correspondence with Customs Officers in Indian Missions abroad on matters of customs policy and with foreign Customs Administrations. 9. Processing of nominations for deputation of officers to attend meetings, trainings, seminars, workshops etc. on customs matters in foreign countries. H. Anti-Smuggling Unit 1. Complaints from M.P.s/Ministers/Public concerning searches, seizures, arrests etc., under the Customs Act. regarding grievances 2. Representations from Trade Associations/Chambers of Commerce regarding facilities incompliance of the provisions of Chapter IV-A and IV-B concerning notified and specified goods etc. 3. Analysis and evaluation of Monthly reports from Chief Commissioners of Customs and Central Excise and Directorate of Revenue Intelligence regarding trends in smuggling and the Anti-Smuggling Measures. 4. Analysis and evaluation of reports from our foreign sources regarding smuggling activities. 5. To handle - Parliament Question regarding Anti-Smuggling matters. 6. Preparation of material on Anti-Smuggling matters concerning Estimates Committee, Consultative Committee and Public Accounts Committee, etc. 7. Preparation of Briefs for various conferences meetings, Committee on Non-Plan Expenditure and note for Cabinet Committee on Economic Affairs on Anti-Smuggling matters. 8. Policy and analysis on the disposal of confiscated goods. 9. Analysis of monthly reports (Master Reports) received from Chief Commissioners of Customs. 10. Examination of offering of comments for various important matters such as creation of Special Courts for the trial and economic offences, delegation of Customs Powers to Police Officers etc. 11. Analysis and Evaluation of Anti-Smuggling measures in the context of Intelligence and Preventive arrangements. 12. To deal with references regarding Anti-Smuggling matters received from other Section/Departments/Ministries. 13. Allotment of Non-Prohibited Bore weapon and cartridges from the confiscated stock with the Customs to sitting M.Ps and other VIPs. 14. Purchase of Vehicles, equipments boats and launches meant for Anti- Smuggling activities for all the Customs field formations. 15. Grant of rewards to all the informers leading to seizure of smuggled goods. I. Drawback Directorate 1. All matters concerning fixation of All Industry Rates of Drawback under the Rule 3 of the Customs and Central Excise Duties Drawback Rules, 1995 under the Customs Act, 1962 and under section 74 of the Customs Act, 1962. 2. Clarification and instructions regarding fixation of drawback under Rules 6 and 7 of the Drawback Rules. 3. Monitoring of pendency position of claims under All Industry Rate and Brand Rate. 4. Duty exemption against advance Licenses, Special Import Licenses (Deemed exports), capital goods export promotion licenses (EPCG), issue of exemption notification relating thereto, coordination with Ministry of Commerce regarding the above schemes. 5. Post-audit of the Brand Rates fixed by the Central Excise field formations and carry out physical verification of selected cases independently or with the help of the Central Excise formations. 6. Post-audit of the select cases of duty free Imports allowed under various export promotion schemes in the Customs/Central Excise formations. 7. Parliament Questions, Draft Audit Paras, PAC matters, Returns, Statistics, Reports, Miscellaneous items on the above subjects. NOTE: Parliament Question/VIP references relating to the subject, and Report, and Statements relating to the matters will be dealt by the respective sections. ANNEXURE-B (Enclosure to Order F. No. 401/136/2005-Cus.III dated the 16th February 2009) ALLOCATIQN OF WORK TO DIRECTORATE GENERAL OF EXPORT PROMOTION (DGEP) (I) Work relating to the following Export Promotion Schemes (both Customs and Central Excise). (i) 100% Export Oriented Units. (ii) Special Economic Zones (including work relating to erstwhile Free Trade Zones and Export Processing Zones). (iii) Special Jewellery Complexes and Gem and Jewellery Export Promotion Schemes. (iv) Software Technology Park and Electronic Hardware Technology Park Schemes. (II) Monitoring of the Export Promotion Schemes as at Item No.(I), analysis of periodical reports/returns/statistics, and legislative work relating to the above schemes (both Customs and Central Excise). (III) Meetings of the Foreign Investment Promotion Board (FIPB), Boards of Approval (BOA) for EOU/SEZ; Inter-Ministerial Standing Committee (IMSC) in the Department of Information Technology etc., meetings with DGFT / Ministry of Commerce on matters relating to above Export Promotion Schemes and interaction with Trade including Export Promotion Councils. (IV) Act as a central consultative body with the trade and other stakeholders Associations and Chambers of Commerce such as FIEO, Federation of Freight Forwarders Associations of India, Air Cargo Agents Association of India, National Association of Container Freight Stations, Export Promotion Councils, Indian Association, etc.) and suggest changes in Customs clearance procedures with a view to facilitate international trade, wherever necessary. (V) Review Customs trade facilitation measures from time to time with a view to evaluate their efficacy and suggest further improvements. (VI) Study the best international practices concerning Customs clearance procedures for their adoption. (VII) Over-see and analyze the dwell time for clearance of import/export cargo at various major ports, airports, ICDs etc. and, as appropriate make recommendations relating to clearance procedures followed by Customs and other agencies, with a view to reduce dwell time. (VIII) Review the trade facilitation initiatives of the Custom Houses and other field formations e.g. - Review the working of the Drawback Committees/Regional Advisory Committees/EDI Committees/Watch Dog Committees etc. in the various customs field formations for any modification in law and procedures. - Monitor the maintenance and updating of the websites of the Customs Commissionerates / Customs Houses. (IX) Work relating to WTO Negotiations on Trade Facilitation; matters relating to Trade Facilitation under various Trade Agreements. (X) Matters related to recommendations of WCO on trade facilitation. For performing the above functions, DGEP is empowered to seek and obtain information from all customs field formations. DGEP's function would be limited to policy level issues and it would not address individual grievances relating to custom, Trade Facilitation (like delays in assessment of Bill of Entry, grant of refund, etc.) Where the issue under consideration also impinges on the functioning of other wings such as the Directorate of Systems, Directorate General of Inspection, Directorate Drawback or the relevant sections of the Board's relevant office, DGEP will Sections/Directorates. In all such matters, DGEP would function as a coordinator to address the issue(s) at hand. consultation with function these in

HS Codes Referenced

Acts & Provisions Referenced

• Customs Act, 1962.
• Customs Act, 1962 and under section 74 of the Customs Act, 1962.

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