Illegal use of Satellite Phones in India - CBEC Wakes Up - A Little too late?
THE CBEC's latest Circular reiterates that use of any kind of satellite phone in India is permissible only after obtaining a licence from the DOT. Presently, use of specific types of INMARSAT terminal only is permitted by the DOT, while use of ‘Thuraya' satellite phone in India without specific permission of DOT is illegal. Thus, unauthorized use of a satellite phone in India attracts penal provisions under section 20 and 21 of the Telegraph Act, 1885 for violation of provisions of section 4 of the said Act.
It has come to the notice of the Board that satellite phones are being brought into India via baggage and being used by anti-national elements which poses a serious security threat. Accordingly, the Board has taken a serious note of unauthorized use of satellite phone in India after import through passenger baggage. It is, therefore, decided that arriving passengers importing satellite telephone as baggage shall be required to declare the same to the Customs on arrival. Furthermore, it is necessary to alert all arriving passengers to their responsibility to make such declaration.
Any such satellite phone declared to Customs shall be allowed clearance subject to production of permission for use from DOT, Government of India. Satellite phones imported for use in India without a valid permission of DOT may be detained and appropriate action in accordance with the law may be initiated.
Board desires that Deputy / Assistant Commissioner on duty at the Airport should remain vigilant to check against any attempt to import Satellite phones without declaration to Customs.
Board wants these instructions to be strictly complied with. Otherwise? It will be viewed seriously!
These phones are mostly used by terrorist organisations and have been imported into India regularly and are said to be in use by several terrorists. Why was the Board silent about this all these days? And the Board Circular also seems to be inaccurate. The Circular says that use of ‘Thuraya' satellite phone in India without specific permission of DOT is illegal. But other Government organisations say that THURAYA phones are not permitted in India.
Several Indian Embassies abroad have warned visitors to India not carry these phones as they will be confiscated, but the Indian Customs is silent all these years. It seems in MARCH 2010, the Home Ministry had asked Customs and DRI to seize unlicenced satellite phones. In 2005, the Delhi Police had seized Satellite Phones. Just six months ago Karnataka Police had seized 11 Thuraya Satellite phones. It seems even the Customs had seized some of these phones five six years ago.
And there had been a tragic case: An Italian environmentalist was on a world tour in his Mercedes that ran on biofuel to spread awareness about climate change. In January 2010, he was arrested by the Rajasthan Police for carrying a satellite phone – he never knew that it was illegal in India. He spent a few days in jail and a few months fighting the case before he was allowed to leave the country. It cost him about Rs. Five lakhs to stay in India and fight the case. His trip up to India had cost him about 2.5 lakhs. He could not complete his trip. When people ask him about the worst part of his journey, he has no hesitation in saying, “India”. He says, “even prison was a really positive experience for me, one I hope never to have to repeat”. The lesson he learnt was, “people in power can be really stupid, and even more so when they are acting out of fear. Secondly, there is nothing you can do about it if you are in the wrong place at the wrong time”
IF YOU HAVE ANYBODY COMING TO INDIA, WARN THEM NOT TO BRING A SATELLITE PHONE.
And there had been a classic case. A Company imported 'Thuraya Satellite phone' and claimed exemption under Customs Notification No. 21/2002, which was denied by the Adjudicating Authority and Commissioner (A), but the Tribunal held that satellite phone is also a cell phone and so eligible for the exemption. Please see
CBEC CIRCULAR NO. 37/2010-CUS, Dated : September 24, 2010