Amendment in Custom Rules, 2001
GOVERNMENT OF PAKISTAN
(REVENUE DIVISION)
FEDERAL BOARD OF REVENUE
*****
NOTIFICATION
Islamabad, the 3' October, 2023.
S.R.O. 1396 (1)/2023.- The following draft of certain further amendments in the
Customs Rules, 2001, which the Federal Board of Revenue proposes to make in
exercise of the powers conferred by section 219 of the Customs Act, 1969 (IV of
1969), section 50 of the Sales Tax Act, 1990 (VII of 1990), section 40 of the Federal
Excise Act, 2005 and section 237 of the Income Tax Ordinance, 2001 (XLIX of
2001), is hereby published for information of all persons likely to be affected thereby
and as required by sub-section (3A) of section 219 of the Customs Act, 1969 (IV of
1969), notice is hereby given that objections or suggestions thereon, if any, may be
sent for consideration of the Board within two days of publication of the draft
amendments in the official Gazette. Any such objections or suggestions which may
be received from any person, before the expiry of the aforesaid period, shall be taken
into consideration by the Federal Board of Revenue, namely: -
DRAFT AMENDMENTS
In the aforesaid Rules, —
in rule 471, in sub-rule (1), in clause (xi), after the words "encashable
financial guarantee", the words "in the forms of bank guarantee" shall be
added;
in rule 472, sub-rule (5) shall be omitted;
in rule 473, for sub-rule (2), the following shall be substituted, namely:-
"(2)The bonded carrier or customs agent, filing the GD, shall be required
to submit bank guarantee with the customs to cover the leviable duty and
taxes in the GD for customs security. The GD will be assessed by the
Customs Computerized System (CCS) or assessing officer on the pattern
of GDs filed for local home consumption.";
in rule 479A, sub-clause (c),-
for the words "revolving insurance guarantee", the words "bank
(a)
guarantee" shall be substituted; and
for the word "Appendix-II B", the word "Appendix-IV" shall be
(b)
substituted;
in rule 484-A, for sub-rules (1) and (2), the following shall be
(5)
substituted, namely:-
"(1) the authorized customs agents, brokers or transport operators
in Pakistan shall furnish financial security in the form of bank
guarantee for goods destined for Afghanistan, from a scheduled
bank, on the prescribed format (Appendix-IV) or any other form
prescribed by the Board which shall be valid for at least one year
and shall be encashable in Pakistan, for guaranteeing the
fulfillment of any obligation arising out of customs transit
operations between Pakistan and Afghanistan.
(2) the amount of bank guarantee for transit operations shall be
determined by system on the basis of the assessment done by
Customs Computerized System or assessing officer at the office of
departure so that it covers all import levies.";
in rule 484-C, in sub rule (1), the following shall be substituted,
(6)
namely:-
"the designated customs officer at the office of departure shall
detach the bank guarantee and enter the particulars in the system.
The officer shall ensure that the bank guarantee submitted by the
importer or his authorized customs agent has been issued by a
scheduled bank and is encashable in Pakistan, and contents
thereof are in conformity with the particulars of consignment
against which it is being furnished. The officer shall also ensure
that the bank guarantee covers the duty and taxes involved on
vehicles or goods and the amount being secured is accurate and
as per the calculation assessed by the system or assessing
officer.";
in rule 484-D, in sub rule (1),-
(7)
in clause (c), for the word "security", the words "bank guarantee"
shall be substituted; and
in clause (c), in the second proviso, for the word "financial", the
word "bank" shall be substituted;
(8) In rule 484-D, in sub rule (2), the following shall be substituted,
namely:-
"the Deputy/Assistant Director securities of the office of
departure shall be responsible for taking appropriate steps on
fortnightly basis for timely reconciliation, encashment
revalidation or physical release of bank guarantee.";
in case of non-receipt of cross border certificate along with T-1
or TAD bearing "exit stamp" or non-fulfillment of any
conditions against which the guarantee was furnished by the
Afghan importer or exporter, the concerned office at the office
of departure, shall take action for enforcement or encashment of
the bank guarantee for recovery of government revenue involved
therein"
upon finalization of action, the Deputy/Assistant Director
Securities at the port of departure shall forthwith instruct the
concerned bank or financial institutions, as the case may be, to
encash the guarantees and remit the amount in favor of the
concerned Director Transit Trade. After receipt of payment order
from the concerned bank, the office shall deposit the same in
National Bank of Pakistan for transfer into the government
treasury."; and
(9) Appendix-II B shall be omitted.
Appendix-IV
[see rule 484-A & 479A(c)]
BANK GUARANTEE FOR IMPORTED GOODS IN-TRANSIT
The Director of Transit Trade,
Directorate of Transit Trade,
Custom House,
Karachi.
Dear Sir,
having their registered office at
WHEREAS Messers
(herein after referred to as the Afghan importer) have imported
as per IGM No.
goods in transit to Afghanistan from Messers
dated Index No. dated vide
dated
GD (AT) No.
(Rupess ) has been
- AND WHEREAS an amount of Rs.
assessed as duties and taxes in respect of the said goods, which are payable by the
importer in case he fails to take the goods out of the territorial jurisdiction of
Pakistan.
AND WHEREAS the Customs Department has agreed to release goods
3.
against furnishing of a bank guarantee equal to the amount of duty/taxes involved
on the goods entering Pakistan.
NOW, THEREFORE, in consideration of the release of the imported goods,
4.
do
in-transit to Afghanistan, to the importer, we, Messers
Director of Transit
hereby bind ourselves with the President of Pakistan to pay to the,
the aforesaid guaranteed amount of duties and taxes and the surcharge
Trade,
thereon at the rate of fourteen percent per annum for the whole period on the amount
or any part thereof remained un-paid from the date on which the in-transit goods are
released to the importers.
THE BANK ISSUING THE GUARANTEE ALSO UNDERTAKES:-
5.
(a) That the importer shall pay to you the guaranteed amount in lump sum fter
demand.
That the importer shall also pay to you the surcharge due to the involved
amount at the rate of fourteen percent per annum.
That in the event of any default on the part of the importer to pay the (bank)
amount on demand along with surcharge due as aforesaid, we, Messers
(bank) shall pay to you the same immediately upon demand
by Director of Transit Trade, on receipt of demand from the Director of
Transit Trade, it shall be considered by us as conclusive evidence of non-
payment of the government dues plus surcharge, if payable by the importers.
That we do hereby agree to the payment of duty/taxes and surcharge on the
amount chargeable from the date of clearance of goods till the date the
payment is made, provided that you agree, on the request of the importers, not
to take action under condition (6) (a) of the bank guarantee.
That we do hereby agree and declare that in the event of any default in the
payment of any sum stated above it may, without prejudice to any other
remedy which may be available to you, be recovered by you under section
202 of the Customs Act, 1969.
That, notwithstanding anything contained in the foregoing, the guaranteed
(f)
amount or any part thereof and surcharge, as aforesaid, shall immediately
become payable to you.
ADDITIONAL CONDITIONS OF THIS BANK GUARANTEE ARE AS
6.
FOLLOWS:-
Any notice may be given to the importers/company by sending the same, by
registered post, which shall be deemed to have been served at the time when
it would have been received by the addressee in the ordinary course of the
post.
The amount payable hereunder as principal or surcharge at the specified date
may be declared and the same shall there-upon become due and payable
immediately.
That this bank guarantee is valid up to
this day
IN WITNESS WHEREOF we have
2023 caused this guarantee to be signed under the official stamp in
of
the presence of-
2.
1.
Bank Manager
Officer
[C. No.1(14)T&BT/20111
•
(Shalcir Muhammad)
Secretary T&BT