Customs Rules, 2001.
| Chapter | Contents- | Page No. | ||
|---|---|---|---|---|
| I. | Definitions | 455 | ||
| II. | Baggage [Omitted][See SRO.666(I)/2006] | |||
| III. | Imports by Privileged personnel | 456 | ||
| IV. | Prior Release of consignments | 457 | ||
| V. | Auction & Auctioneers | 461 | ||
| VI. | Temporary importation of motor vehicles. | 467 | ||
| VII. | Re-export of frustrated cargo. | 469 | ||
| VIII. | Licensing | 470 | ||
| IX. | Valuation procedures | 481 | ||
| X. | Maintenance of Accounts/records. | 490 | ||
| XI. | Recovery of arrears | 492 | ||
| XII. | Exports 1.The draw back (same state goods) | 510 | ||
| 2. Duty drawback (claim payment) | 512 | |||
| 3. Export Processing Zones | 515 | |||
| 4. Omitted | ||||
| 5. Release of raw hides for manufacture of exportable goods | 520 | |||
| 6. Omitted | ||||
| 7. Duty and Tax Remission for exports. | 524 | |||
| 8. Determination of materials and fixation of rates (IOCO) | 537 | |||
| XIII | Deferment of duties | 545 | ||
| 1. Machinery | ||||
| 2. Ships for scrapping | ||||
| XIV. | Transshipment of goods | 551 | ||
| XV. | Warehousing procedures | 569 | ||
| XVI. | Landing and clearing of Parcel Rules | 589 | ||
| XVII. | Alternate Dispute Resolution. | 591 | ||
| XVIII | Transportation of Cargo | 593 | ||
| 1. Cargo Declaration | 593 | |||
| 2. Arrival and Departure of vessels | 594 | |||
| XIX | Reference to High Court | 604 | ||
| XX | Repayment of customs duty [Omitted] | |||
| XXI | Pakistan Customs Computerized System Customs Computerized System | 606 | ||
| XXII | Transport of POL products to Afghanistan | 651 | ||
| XXIII | ATA Carnet Rules | 658 | ||
| XXIV | Mutilation or Scrapping of Goods | 689 | ||
| XXV | Afghanistan – Pakistan Transit Trade Rules | 690 | ||
| XXVI | Shipping Agents Rules | 724 | ||
| XXVII | Disposal of Overstayed Non-Prohibited Bore arms and ammunition | 737 | ||
| XXVIII | Enforcement of Intellectual Property Rights (EIPR) | 748 | ||
| XXIX | Transports Internationaux Routiers (TIR) Rules | 748 | ||
| XXX | Appeals and Allied Matters | 761 | ||
| XXXI | Risk Management System Rules | 770 | ||
| S.No. | Subject | Old Notification No. and Date | Rules No. | Page No. |
| (1) | (2) | (3) | (4) | (5) |
16 Common Bonded Warehouse 843(I)/98 dt. 23.07.1998 279-295
(Conventional)Rules (Omitted)
- Duty and Tax Remission (DTRE) for Export S.R.O.185(I)/2001 dated 296-307 524
Rules. 21.3.2001
- Determination of Imported Materials and S.R.O.186(I)/2001 dated 308-313 537
Fixation of Rates for Repayment or Duty 21.3.2001
Drawback Rules(IOCO).
19 Deferment of Import duties (Power, gas and 36(I)/94 dt.15.01.1994 314-321 545
energy Projects) Rules.
20 Deferment of Import Duty (ships for 245(I)/93 dt.31.03.1993 322-324 550
scrapping) Rules.
- Transshipment S.R.O.286(I)/2007 dated 326-341 551
31.03.2007
- Warehousing. 342-363 569
- Landing and Clearing of parcels Rules. 364-376 589
- Alternate Dispute Resolution. S.R.O.623(I)/2004, dated 377-386 591
19-07-2004
- Transportation of cargo S.R.O.198(I)/2005 dated 387-391 593
8.2.2005
- Arrival and Departure of vessels S.R.O.210(I)/2005 dated 392-419 594
28.2.2005
- Reference to High Court S.R.O.563(I)2005, dated 420 604
06.06.2005
- Repayment of Customs duty S.R.O.714(I)/2005 dated 421
13.7.2005
- Pakistan Customs Computerized System S.R.O.704(I)/2007 dated 422-556 606
Customs Computerized System 14.07.2007
- Transport of POL Products to Afghanistan S.R.O.943(I)/2007, dated 557-569 651
14.09.2007
- ATA Carnet Rules S.R.O.1157(I)/2007 dated 570-591 658
08.11.2007
- Mutilation or Scrapping of Goods S.R.O.449(I)/2011 dated 592-597 689
20.05.2011
- Afghanistan – Pakistan Transit Trade Rules S.R.O.601(I)/2011, dated 598-652 690
13.06.2011
- Shipping Agents Rules S.R.O.1220(I)/2015 dated 653-669 724
04.12.2015
- Disposal of Overstayed Non-Prohibited S.R.O.209(I)/2016 dated 670-677 737
Bore arms and ammunition 09.03.2016
- Enforcement of Intellectual Property Rights S.R.O.170(I)/2017 dated 688-686 748
(EIPR) 16.03.2017
454
- Transports Internationaux Routiers (TIR) S.R.O.1066(I)/2017 dated 687-716 748
Rules 20.10.2017
- Appeals and Allied Matters S.R.O.648(I)/2018 dated 717-737 761
24.05.2018
- Risk Management System Rules S.R.O.1010(I)/2020 dated 738-739 770
04.02.2020
455
GOVERNMENT OF PAKISTAN
REVENUE DIVISION
CENTRAL BOARD OF REVENUE
NOTIFICATION
Islamabad, the 18th June, 2001.
(CUSTOMS)
S.R.O 450(I)/2001.- 94[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, section 40 of the Federal Excise Act, 2005 and section 237
of the Income Tax Ordinance, 2001 (XLIX of 2001), the Federal Board of Revenue is pleased to make the
following rules, namely:-]
CHAPTER I
PRELIMINARY
- Short title and commencement.-(1) These rules may be called the Customs Rules,2001.
(1A) Scope.- Unless specifically provided in the rules for Pakistan Customs
computerized System, 2005, these rules shall apply.
(2) They shall come into force at once.
- Definitions.-(1) In these rules, unless there is anything repugnant in the subject or context,-
(a) "account" means all books, records, correspondence, bank and other financial
statements;
(b) "Act" means the Customs Act, 1969 (IV of 1969);
(c) "appropriate officer" includes officers superior to an appropriate officer;
(d) "Collector", "Additional Collector", "Deputy Collector" and "Assistant Collector",
respectively, means Collector of Customs, Additional Collector of Customs, Deputy
Collector of Customs and Assistant Collector of Customs appointed under section 3
of the Act in relation to an area of his jurisdiction;
(e) "duties" includes customs-duty leviable under the First Schedule to the Customs Act,
1969;
(f) “importer” means a person who imports goods;
(fa) “Pakistan Customs Computerized System Customs Computerized System” means
the Customs Computerized System as defined in clause (ia) of section 2 of the
Customs Act, 1969 (IV of 1969);
(g) "related persons" means such persons only if,-
(i) they are officers or directors of one another's business;
(ii) they are legally recognized partners in business;
(iii) they are employer and employee;
(iv) one of them directly or indirectly controls the other;
(v) both of them are directly or indirectly controlled by a third person;
(vi) together they directly or indirectly control a third person; or
(vii) they are members of the same family; and
456
(viii) any person who directly or indirectly owns, controls or holds five per cent
or more of the outstanding voting stock or shares of business of both or each
of such related person.
Explanation I.- The expression "person" also includes a legal person.
Explanation II.- Persons who are associated in the business of one another and that one is the
sole agent or sole distributor or sole concessionaire, however described, of the other, shall be
deemed to be related for the purpose of these rules, if they fall within the criteria herein before
specified for related persons.
Explanation III.- One person shall be deemed to control another when the former is legally or
operationally in position to exercise restraint or direction over the other.
(h) “stay”, for Pakistani nationals, means the duration of continuous living abroad; and,
for foreign nationals, means the duration of their valid visa for stay in Pakistan;
(i) “vehicle” means a motor-car, motor-cycle, van, microbus, bus, pick-up, jeep, truck, self-
driven caravan and tractor with trailer or semi-trailer or caravan.
(2) The words and expressions used and not defined herein shall have the meaning assigned to
them in the Act or in the respective Chapters of these rules.
CHAPTER II
[Omitted]
CHAPTER III
PRIVILEGED PERSONNEL
- In this chapter, the expression “privileged personnel” means all foreign experts, consultants
or technicians visiting and resident in Pakistan under a proper Aid Agreement in which provision for the
application of these Customs concessions has been made. The expression includes only such personnel as are
either directly in the employment of the foreign aid giving Government or Agency or who serve in Pakistan
under contract or agreement with such Government or Agency and whose salaries and travelling expenses to
and from Pakistan are paid by the foreign Government or Agency. It does not include personnel in the
employment of the Federal or Provincial Government.
CUSTOMS CONCESSIONS
- The following customs concessions shall be extended to the privileged personnel, namely:-
(a) Import free of custom duty and sales tax of articles for the personal use of the privileged person
or members of his family forming part of his personal and household effects including one car per
family on his first arrival in Pakistan. The time limit for import will be six months, extendable
by the Collector of Customs for a maximum period of 25[eighteen] months from the date of the
arrival of the person concerned;
(b) 11[ Omitted;
457
(c) Omitted]
(d) in addition to the above, a privileged person shall be allowed to import on payment of duty
and taxes foodstuff and consumable stores including liquor and tobacco up to a C&F value of
two hundred U.S.$ per month but the value of liquor will not exceed one hundred U.S.$ per month.
80[However, import of alcoholic beverages shall be subject to Import Policy Order.]
Note: The privileged personnel may import the monthly quotas prescribed in clauses (a) and (b)
of rule 39, for a maximum period of six months at a time.
- Articles imported customs-duty and sales tax free shall normally be re-exported and shall not be
sold or otherwise disposed of within Pakistan except with the prior approval of the Government or in terms of
the regulations prescribed by the Government.
- If any other durable articles such as airconditioners, refrigerators, deep freezers, VCR ,DVD,
washing machines, etc., are disposed of in Pakistan, customs-duty and sales tax, etc., shall be payable on the
original value at the rate applicable to the goods in question at the time of import. The privileged personnel
shall be responsible for the payment of customs-duty and sales tax and other charges before parting with the
articles; provided that no customs-duty and sales tax shall be payable if sold after three years from the date of
import.
- In order to avail of the concessions under this chapter , a privileged personnel shall furnish to the
Customs authorities a certificate duly signed by the Administrative Ministry of the Government of Pakistan
concerned both in respect of personal and household effects, etc., imported on first arrival and subsequent
monthly imports of foodstuffs, consumable stores, liquors, and tobacco in accordance with the prescribed
quotas. The Administrative Ministry concerned shall verify that the conditions in the rules have been satisfied
before issue of the certificate. The Administrative Ministry shall also be generally responsible to ensure that
all the other conditions as per this chapter have been satisfied between the time of arrival and departure of
privileged personnel:
Provided that a foreign employee of an industrial venture shall be entitled to import free of customs-
duties and other taxes food stuff (excluding alcoholic beverages) upto C&F value of one hundred US $ per month
subject to the condition that he shall produce a certificate from his employer to the effect that he has been
employed in his industrial venture in Pakistan for a tenure of ___ years, from _____ to ___. The monthly quota
may be imported for a period of six months at a time.
CHAPTER IV
PRIOR RELEASE
- Definitions.- (1) In this chapter, unless there is anything repugnant in the subject or
context,-
(i) "application" means an application filed under rule 44 of this chapter;
(ii) "appropriate officer" means an officer of Customs not below the rank of an Assistant
Collector appointed in this behalf;
(iii) "prior release" means the delivery of an urgent consignment prior to submission of a bill of
entry or a bill of export under the Act;
94[(iv) perishable goods” means goods that rapidly decay due to their natural characteristics, in
particular in the absence of appropriate storage conditions;
458
94[(v) "urgent consignment" means a consignment of 94[perishable goods] any of the following
goods imported for home consumption, or meant for export provided that the appropriate
officer of Customs is satisfied that these require immediate and rapid clearance as a matter of
priority, namely:-
(a) human body organs or any part thereof, blood and blood plasma;
(b) perishable medicines e.g., insulin, etc;
(c) life saving drugs in nominal quantities, duly supported by medical prescription;
(d) live animals and live plants;
(e) newspapers, journals and other news materials;
(f) radioactive materials;
(g) replacement parts of computers, machines and drilling equipment (e.g. drilling bits);
(h) any other goods, urgently required, with the approval of the Collector of Customs,
in writing, on case to case basis; and
(i) fertilizer imported by the Fertilizer Import Department, Ministry of Food and
Agriculture.
- Application for prior release.- (1) The importer or exporter of urgent consignment shall
present an application, in triplicate, in the form as set out in Appendix I to this Chapter to the appropriate officer.
(2) The appropriate officer shall cause the application to be scrutinized with reference to
declarations made in the application, by taking into account the degree of urgency with which the goods are
needed, the nature and value of consignment and particular circumstances relating to it.
(3) The appropriate officer shall, after satisfying himself in this regard, accept the application for
prior release by making an endorsement to this effect on all the three copies of the application.
(4) After the application for prior release is accepted by the appropriate officer, the particulars of
the consignment shall be entered in a register, in the form as set out in Appendix II to this Chapter maintained
for this purpose, and the serial number of the register shall be taken as prior release number.
(5) The prior release number and date shall be endorsed on all copies of the application and the
prior release shall be deemed to have been allowed only after the entries in the register and endorsement of the
application have been recorded.
- Admissibility of prior release.- (1) Prior release shall not be admissible in cases where Import
General Manifest or Export General Manifest, as the case may be, was filed two days or more prior to the
submission of application for grant of prior release.
(2) The facility of prior release shall be allowed to only those importers or exporters of urgent
consignments who have sufficient balance of amount available in their accounts maintained as current or personal
ledger accounts to pay the duties:
Provided that the importers or exporters, who are not maintaining such accounts shall be eligible to
avail the facility of prior release on furnishing a bank guarantee or a pay order of a sum equivalent to the duties
assessed provisionally by the appropriate officer and such pay order shall remain in the custody of the appropriate
officer and shall be utilized towards finalization of assessment.
(3) Bank guarantee shall stand discharged after all leviable customs-duties and taxes have been
deposited.
459
(4) No prior release shall be allowed if a previous case of the same importer or exporter is pending
finalization for more than fifteen days.
- Manner of prior release in case of imported goods.- (1) A file for each application shall be
maintained and shall contain all relevant documents and correspondence relating to the respective clearance.
(2) The examination staff, deputed for the purpose, shall examine the urgent consignment on
priority and in compliance with the examination order and examination report shall be recorded on reverse of
the original application.
(3) The examining officer, if he is satisfied that the import of the goods is not prohibited or is not
in breach of any restrictions or conditions applicable to the import of such goods, may make an order for
provisional clearance of the same pending presentation of bill of entry.
(4) The examination staff shall also endorse the original and duplicate copies of application with
the words "examined", affix their signatures and shall return the duplicate to the importer.
(5) At the time of delivery of urgent consignment, the officer of Customs shall record the effect
of delivery under his signatures on original and duplicate copies of the application. The original copy of the
application shall be retained by such officer and forwarded at the earliest to the appropriate officer while the
duplicate copy of the application shall be returned to the importer to accompany the urgent consignment, and for
his record.
(6) The importer of urgent consignment shall, at the time of the prior release of such goods, present
a bill of entry for home consumption and other necessary documents to the appropriate officer and shall pay the
whole or differential amount of leviable duties, if any, within ten days of the prior release on the basis of which
the appropriate officer shall finalize the provisional assessment.
- Manner of prior release in case of exported goods.- (1) A file for each application shall be
maintained and shall contain all relevant documents and correspondence relating to respective clearance.
(2) The examination staff, deputed for the purpose, shall examine the urgent consignment on
priority in compliance with the examination order and examination report shall be recorded on the original
application.
(3) The examining officer, having verified that the export of the goods is not prohibited or is not
in breach of any restrictions or conditions applicable to the export of such goods, may make an order for
provisional clearance of the same pending presentation of bill of export.
(4) The examination staff shall also endorse the original and duplicate copies of application with
the words "examined", affix their signatures and shall return them to the exporter.
(5) At the time of loading, the an officer of Customs shall record the effect of loading, under his
signatures, on the original and duplicate copies of the application. The original copy of application shall be
retained by such officer and shall be forwarded at the earliest to the appropriate officer while the duplicate copy
of application shall be returned to the exporter for his record.
(6) The exporter of urgent consignment shall, at the time of prior release of such goods, present a
bill of export and other necessary documents to the appropriate officer and shall pay the whole or differential
amount of leviable duties, if any, within ten days of the prior release on the basis of which the appropriate officer
shall finalize the provisional assessment.
460
| Iqra surcharge @ 5% | Flood Relief surcharge @ 1% | Other Taxes if any | Remarks. |
|---|---|---|---|
| (10) | (11) | (12) | (13) |
- How many cases of prior release effected one week earlier or longer period are still outstanding
against the importer and the clearing agent.
- The position of balance amount available in the deposit account (for commercial importer
only).
- No, date and the amount of bank guarantee or pay order.
- Reasons and justifications warranting prior release. (Please attach documents to prove urgency
leading to this request), if any.
Documents Attached:
- Signature.
- Name.
- Designation.
- Full address.
- Tel. No. Office.
- Clearing agent licence No. and date.
- Report of the custodian about declaration in column no.17 above.
- Order of the assistant collector of customs
- P.R.reqn. No. and date.
- Examination and assessment report.
- Order of the principal appraiser/superintendent out of charge/allowed/not allowed.
Appendex II.
[See rule 44(4)]
FORM
S.No. Date of Description Quantity. Name
