The Government of India published the Sea Cargo Manifest & Transhipment Regulations 2018 (Regulations framed under the Customs Act, 1962) following a number of extensions and amendments, which came into force on August 1, 2019.
Specifically, the amended regulations replace regulations dealing with the timing and procedures for the delivery and filing of arrival and departure manifests and seek to streamline these processes for vessels carrying imported goods into India, vessels carrying export goods out of India as well as for vessels engaged in coastal carriage. The Regulations also introduce some new forms which the carrier is obliged to complete.
Accordingly, the regulations focus on:
#1 The Arrival Manifest: an integrated declaration required to be delivered by an authorised carrier before or on arrival of
- the vessel carrying imported goods, export goods, or coastal goods
- a train or a truck carrying imported goods or export goods;
#2 The departure manifest: an integrated declaration required to be delivered by an authorised carrier before departure of:
- a vessel carrying imported goods, export goods or coastal goods;
- a train or truck carrying imported goods or export goods;
#3 An authorised sea carrier importing or exporting goods may deliver the arrival manifest to the specific officer electronically, provided that:
- where it is not practicable to deliver the arrival manifest or any part thereof electronically, then the manifest or any part thereof shall be submitted manually in duplicate with the approval of the Commissioner of customs or any other officer authorised by him:
- for the vessels carrying only coastal goods and operating from exclusive berths meant for coastal goods at the loading as well as the unloading ports, there shall be no requirement of delivering arrival manifest.
#4 Vessels carrying non-containerized cargo: whether or not carrying containerized cargo, the authorised sea carrier may update the departure manifest within seventy-two hours after departure.
#5 Transhipment of imported goods or export goods: An authorised carrier shall file a departure manifest before the departure of a train or a truck and arrival manifest upon arrival of the train or truck.
#6 Amendment of arrival or departure Manifest or Condonation of delay:
Under the condition that an authorised person by the Commissioner approves that:
- the arrival manifest or departure manifest is in any way incorrect or incomplete, and that there was no fraudulent intention towards incorrect or incomplete submission as regards the contents thereof;
- there was sufficient cause for not delivering the arrival manifest or the departure manifest or part thereof within the time period specified in these regulations, then he may permit to amend or supplement the arrival or departure manifest, or condone the delay for not filing the arrival or departure manifest or part thereof, as the case may be, at the request of the authorised carrier.
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