Uzbekistan - Pakistan Transit Trade Agreement (UPPTA) 2021

巴基斯坦 FBR 海关法规 SRO 1466(I)/2021（2021-11-11）

GOVERNMENT OF PAKISTAN

(REVENUE DIVISION)

FEDERAL BOARD OF REVENUE

****

Islamabad, the Ilth November, 2021

NOTIFICATION

(CUSTOMS)

S.R.0.11.1641)/2021.- In exercise of the powers conferred by section 219 of the

Customs Act, 1969 (IV of 1969), the Federal Board of Revenue is pleased to direct that the

following further amendments shall be made in the Customs Rules, 2001, which, as required

under sub-section (3A) of the said section 219, were previously published vide Nofification

No.S.R.0 1256(1)/2020, dated the 20" September, 2021, namely:-

In the aforesaid Rules, after Chapter XL, the following new Chapter XL1 shall

be added, namely:-

"CHAPTER-XLI

TRANSIT REGIME IN PAKISTAN

UZBEKISTAN-PAKISTAN TRANSIT TRADE RULES

Sub-Chapter-I

Preliminary

1. Scope.- The provisions of this chapter shall be for the purpose of Uzbekistan-

Pakistan Transit Trade Agreement, for processing of transit trade cargo through the following

port under Customs Computerized System, to and from Uzbekistan, namely:-

Uzbekistan's cargo imported through Karachi Port, Port Muhammad

Bin Qasim, Gwadar Port; and

Uzbekistan's cargo to other countries via Karachi Port, Port

Muhammad Bin Qasim, Gwadar Port;

1. Definitions.- (1) In this chapter, unless there is anything repugnant in the

subject or context,-

"bill of lading" means the document issued by shipping line

containing details about the type, quantity, and destination of the

goods;

"bilateral trade" means exchange of goods and services between

two countries, passing through third country or directly;

"border stations" means Chaman, Torkham, Ghulam Khan,

Taftan, Gabd, Sost, and any other Customs station notified by the

Board for the purposes of the Transit Trade;

"bulk cargo" means cargo usually dropped or poured as solid or

liquid, into a bulk carrier's hold and includes dry and liquid bulk

cargo;

"cargo" means goods including vehicles;

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(v "carriers" means legal or natural person responsible for the

transport of cargo (goods including vehicles) by rail, road, either

directly or by using a third party, and by whom or in whose name a

contract of carriage for hire or reward has been concluded:

"container" means an article of transport equipment; (i) fully

enclosed to constitute a compartment intended for containing goods,

(ii) of a permanent character and accordingly strong enough to be

suitable for repeated use, (iii) specially designed to facilitate the

transport of goods by one or more modes of transport without

intermediate reloading, (iv) designed for ready handling,

particularly when being transferred from one mode of transport to

another, (v) designed to be easy to fill and to empty, and (vi)

demountable bodies are to be treated as containers;

"contracting parties" means Pakistan and Uzbekistan;

"cross-border authorization" means a document issued after

completion of all customs formalities allowing the cross-border of

vehicles transporting transit cargo at land customs border stations;

"cross border traffic" means traffic originating from the territory

of the State of one Contracting Party that ends up in the territory of

the State of other Contracting Party;

"cross stuffing" means transfer of goods from one container to

another container or any other mode of transportation as per TIR

specifications, in the premises of the port or off-dock terminal under

customs supervision;

-customs control" means measures applied to ensure compliance

with the laws and regulations relating to the importation, transit and

exportation of goods which the customs are responsible for

enforcing;

"custom transit" means the customs procedure under which goods

are transported under customs control from one customs office to

another,-,

(my) "customs security" means encashable financial guarantee

acceptable to Customs, submitted by the traders or their authorised

agents or brokers on transit goods for an amount equivalent to the

import levies of the host country, as per prescribed rules;

"dangerous goods" means goods posing a significant risk to health

and environment, security and property when being transported or

lying inside storage;

"examination of goods"

means the process of physical

ascertainment by Customs of nature, origin, condition, quantity and

value with reference to transit documents;

"external user registration office"

means the office designated by

the Ministry of Investments and Foreign Trade, Republic of

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Uzbekistan for registration of entities and other users based in

Uzbekitan with the Customs Computerized System in Pakistan;

"home country" means for transport operators, the country of

establishment, and for vehicles, and the country of registration;

"host country" or "country of destination" means the country

where transportation of goods is performed;

"import duty and taxes" means the Customs duties and all other

duties, taxes and other charges levied in accordance with domestic

legislation on or in connection with the importation of goods, but

not including the cost of services rendered;

"inspection of goods" means the superficial process of

confirmation that the marks and numbers of bulk in open cargo and

container number and seal numbers of containerized cargo, are in

accordance with the particulars provided in the goods declaration or

bill of lading;

"international transport" means transport between the territories

of the states of the contracting parties (bilateral traffic) or through

the territory of the state of the other Contracting Party (transit

traffic);

"international freight transport" means movement of goods in

one and the same loading unit (container) which successively uses

two or more different modes of transport, without the goods

themselves being handled;

(xdv) "licensing authority" means the respective Director of Transit

Trade, where an applicant, based on his or her business address, has

applied for issuance of transport operator's license;

"Logistics Facilitation Center" means a transit office at Torkham,

Chaman & Ghulam Khan regulating issuance of permits to Pakistani

registered transport operator and movement of foreign registered

vehicles.

"multimodal transport (which is also known as combined

transport)" is the movement of goods using more than one mode of

transportation, but under the terms of a single contract;

"national treatment" mealis a Contracting Party shall grant

according to its national legislation treatment to services and

services suppliers of the other Contracting Party, no less favourable

than that which it accords to its own like services and service

suppliers;

"office of departure" means any Customs office at which a

Customs transit operation commences;

"office en-route" means any Customs office through which goods

in transit pass during the course of a Customs transit operation.

Explanation.-If the office of departure is Karachi, the office en-

route shall be Torkham, Chaman and the Uzbek Customs office at

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their border, and office of destination shall be Customs station

inside territory of Uzbekistan where Goods Declaration is filed;

"office of destination" means any Customs office at which a

Customs transit operation is terminated;

"oversized and bulky cargo" means any heavy or bulky object

including animals which because of its weight, size or nature

cannot be carried in a closed vehicle or closed container;

"prohibited goods" means the goods prohibited to be carried under

the transit trade under any law for the time being in force;

"port of entry or exit (border crossing point)" means the territory

(part of the territory) of border railway stations and highways, sea

ports, river ports, airports (aerodromes) open for international

relations, as well as persons, vehicles, goods, other property,

livestock across the State Border of the States of the Contracting

Parties other specially equipped place where border customs and

other types of control of goods, seeds, planting material, other

products of animals and plants are carried out;

"phyto-sanitary control" means the inspection intended to prevent

the spread and the introduction across national boundaries of pets,

plants and plant products.

"prescribed transport route" means the land route prescribed

Board for transportation of transit goods within the frontiers of

Pakistan;

"revolving insurance guarantee" means a revolving insurance

guarantee with one year validity to be submitted to the concerned

Directorate of Transit Trade to cover the leviable duty and taxes on

transit goods while passing through the territory of Pakistan;

"road transport permit" means a document issued by a competent

authority of one contracting party that allows vehicles registered in

the territory of the state of the other contracting party to enter or exit

or transit through its territory;

(=will) "sealing" means affixing of PCCSS seal on transit goods under

Customs General Order 3/2020 dated 17.04.2020 and issuance of

transport note electronically;

"system" refers to the Pakistan Customs Computerized System

(CCS) that is in operation in the Customs offices as per Board's

instructions;

"Directorate of Transit Trades" means the formations established

in the Directorate General of Transit Trade specifically to handle the

transit trade related affairs;

"shipper" means any natural or legal person by whom or in whose

name a contract of carriage of goods has been concluded with a

carrier, or any person by whom or in whose name the goods are

actually delivered to the carrier in relation to the contract of carriage

of goods;

"transit goods TG-GD" means the goods declaration tiled

electronically by the importer or his authorized Customs agent

under these rules for cargo meant for transit to or from Uzbekistan;

"transit cargo" means goods including vehicles imported or

exported by Uzbekistan for transit across Pakistan under section 129

of the Customs Act, 1969;

"transit goods" means the goods whether commercial or non-

commercial transited through Pakistan, to and from Uzbekistan;

"transport note" means the duly. prescribed document containing

sealing information generated by the Customs Containerized

Sealing Unit (CCSU) or the Customs sealing staff at port of entry;

"transport operator (TO)" means Pakistan Railways or such other

carrier including a bonded carrier duly licensed by the Licensing

authority or Customs authorities of the Contracting parties, to carry

out international transport operations between the territories of the

contracting parties, or between its home country and to or from a

third country through the territory of the other contracting party;

"transport unit" means aircrafts, freight containers of international

specifications transported by road, railway wagons or road vehicles

including trailers and semi-trailers;

"TIN" or "tax identification number" means a unique number

issued by Ministry of Finance, Republic of Uzbekistan to identify a

specific taxpayer;

"user ID office" means the designated office in the Directorate

General Transit Trade for registration and issuance of user IDs to

the respective Traders or users;

(I) "user ID" means a unique user identifier as may be allocated to a

foreign trader intending to transit his goods through territory of

Pakistan as per procedure prescribed by the Directorate General of

Transit Trade to access the Customs Computerized System;

(10 "vehicle" means any rigid road vehicle, articulated vehicle,

unaccompanied trThder or semi-trailer; and

(hi) "veterinary-sanitary inspection" means the inspection applied to

animals and animal products with a view to protecting the life and

health of persons and animals, as well as that carried out on objects

or goods which could serve as a carrier for animal disease.

(2) The words and expressions used, but not defined herein, shall have the

meanings assigned thereto in the Act.

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Sub-Chapter— II

Procedure for registration of users with CCS and issuance of user ID

1. Registration of foreign business and other users with Customs

Computerized System for issuance of user ID or Password.- (I) Directorate General

Reforms & Automation, Karachi shall generate one or more user IDs for the focal person of

the Ministry of Investments and Foreign Trade, Uzbekistan for registration of different

categories of users i.e., traders, government organizations, United Nations (UN) or

Diplomatic Missions based' in Uzbekistan with Customs Computerized System (CCS).

(2) The foreign entities i.e., traders, government organizations, United Nations

(UN) or Diplomatic Missions shall complete the requisite registration proforma (Annex-I)

which shall be submitted in the Customs Computerized System by the Ministry of

Investments and Foreign Trade, Uzbekistan electronically.

1. Issuance of user ID or Password to the users by CCS.- (1) On receipt of the

above requisite information, the CCS shall generate a user ID and password and forward it to

the applicant through his registered email address.

The user will be able to nominate upto three customs clearing agents or

brokers to handle his transit cargo in Pakistan.

A user can also nominate a transport operator for handling of cargo i.e., both

for filing of GD and transportation of transit cargo by the same logistic entity.

Sub-Chapter-III

Procedure for Commercial Vehicles transporting transit and bilateral trade goods

1. Basis of entry of commercial vehicles.- (1) Vehicles transporting transit and

bilateral goods shall be licensed by the competent authorities of the contracting parties as

transport operator authorized to conduct international transportation.

(2) Every vehicle while exiting or entering Pakistan shall carry valid permit issued

by the competent authority on the prescribed format (Annex-II). The vehicle details shall be

mentioned on the permit.

The permit shall be valid for one vehicle and for single round trip and only for

the transport operator to whom it is issued; it shall be non-transferable to other carriers or

third pariies.

The period of validity of permit in the normal circumstances shall be twenty

days from date of entry i.e., equal to number of days allowed for stay in Pakistan in visa for

each trip. However, in exceptional circumstances, the vehicle can stay upto ninety days from

date of entry into Pakistan under intimation to the Customs. No further approval will be

required from Customs on basis of principle of reciprocity, as agreed by the two contracting

parties.

Permits submitted within the current calendar year shall be valid until 31st

January of the next year.

Permit shall also be required for empty run (deadheading).

1. Number of permits to be exchanged between the contracting parties. - (1)

Before the start of every calendar year, the competent authorities of the two contracting

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parties shall exchange agreed number of permits for goods transport. Said permits must bear

a stamp of the competent authority of the State of the contracting party and the signature of

an authorized person issuing this permit.

The transport units, holding original permits shall not pay any entry

charges required from foreign transport units.

In case, the initial permits exchanged at the beginning of calendar year have

been utilized by a contracting party, it may request the other contracting party for issuance of

additional permits.

The transport units holding additional permits shall be liable to pay the

charges as per national regulation of the Host country.

The additional permits shall be marked with the words "outside quota" to

distinguish these, from those permits exchanged during the beginning of the year.

1. Exemptions from road transport permit.- (1) The permit referred to in rule-

915 above is not required for transportation of:

movable properties during resettlement;

materials and objects including art works intended for fairs and exhibitions;

vehicles, live animals as well as various stocks and properties intended for

sporting events and circus shows;

theatrical decor and requisites, musical instruments, equipment and

accessories for filming, radio or TV broadcasts;

the bodies or ashes of the dead;

transporting for the purposes of humanitarian and medical aid, rescue

operation in response to natural disasters;

postal sending; and

by a vehicle where its total laden weight, including trailer do not exceed 3.5

tons.

(2) The permit referred to in rule-915 above is also not required for the passage of

V a technical assistance's vehicle, intended for repair or towing of defective vehicles.

1. Issuance of permits to Pakistan registered vehicles transporting transit

and bilateral trade cargo.- (1) The Directorate of Transit Trade, Peshawar and Quetta shall

be authorized to issue and regulate permits at their respective land border customs stations.

--.

Permits received from competent authorities shall be kept at "Logistics

(2)

Facilitation Center" at Torkham, Chaman, Ghulam Khan or any other relevant customs

station.

Permits shall be handed over to the vehicles of the registered transport

operators arriving at border customs stations on first come first served basis.

A vehicle carrying transit or export goods, after gate-in at border customs

station shall be assigned a sequence number by CCS for adding to the queue for handing over

of the duly filled permits by Logistics Facilitation Center.

The Logistics Facilitation Center shall keep the record of all the vehicle

permits handed over to the transport operators and shall communicate weekly data to the DG

Transit Trade and Board.

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Pakistani vehicles destined to Uzbekistan shall also be required to possess

requisite authorization for transiting territory of Uzbekistan as agreed between the two

countries i.e., Pakistan & Uzbekistan.

Directorate General Transit Trade shall regulate the permits and coordinate

with Uzbek authorities for issuance of additional permits well in time.

1. .Entry of Uzbekistan's registered vehicles transporting transit and

bilateral trade cargo into Pakistan.- (1) Uzbekistan's registered vehicles holding valid

permits and are being utilized for the transport of transit and bilateral trade cargo shall enter

Pakistan without the requirement of submission of any financial security for the duty and

taxes leviable on the vehicle, on the basis of reciprocity, as agreed by the two contracting

parties.

The Logistics Facilitation Center shall record particulars of both driver and

vehicle in the CCS and these details should be linked with the FIA's immigration module so

that driver can only exit Pakistan, if his vehicle, on return journey, has entered the border

Customs station and gate-in event has been recorded in the CCS and vehicle has completed

all customs formalities for exiting Pakistan.

Both Customs and FIA officials posted at the Customs border stations shall

carry out weekly reconciliation to ensure the implementation of the above mechanism and to

ascertain any overstayed vehicles.

A tracker shall be installed, on each vehicle upon entry into the territory of

Pakistan as per its national legislations.

In case of any exigency, a foreign driver can exit the country with the prior

approval of customs authorities. In these cases, the concerned transport operator shall request

customs authorities for a replacement driver, so that his details can be linked with the vehicle.

The vehicles of third countries can also transport transit and bilateral trade

cargo, if these vehicles have the requisite permits or authorizations.

The Logistics Facilitation Center shall keep the record of all the Uzbekistan's

vehicles entering Pakistan on permits and a weekly re-conciliation shall be carried out to

ensure compliance of these rules.

The system shall generate alerts for vehicles that have not exited Pakistan's

territory within the prescribed time for further necessary action by the concerned officer of

Customs. However, in cases of exceptional circumstances the said time limit may be

extended upto 90 days in the system, on intimation to the Customs by the carrier.

1. Fuel access