Handling of Cargo in Customs Areas Regulations, 2009 - Instructions
REGULATION 5 of the Handling of Cargo in Customs Areas Regulations, provides the obligation of a Customs Cargo Service Provider (CCSP) approved as a Custodian of imported and export goods in respect of safety and security of the premises for loading, unloading, receipt and disposal of imported and export goods, mainly:
security and access control to prohibit unauthorized access to the premises, and
safe, secure and spacious premises for loading, unloading, handling and storing of the cargo for the projected capacity and for the examination and other operations as may be required in compliance with any law for the time being in force.
Regulation 7 of the Handling of Cargo in Customs Areas Regulations, 2009 gives powers to Commissioner of Customs to exempt CCSP from any of the conditions of Regulation 5.
Parliamentary Committee on Subordinate Legislation had recommended that conditions under Regulation 5 which concerns overall safety and security of the premises may not be subjected to exemption by any authority.
Government has accepted this recommendation and it has been decided that no relaxation or exemption from requirements on safety and security of premises shall be allowed by Commissioners of Customs to the Custodians or Cargo Service Providers in terms of provisions of Regulation 7 of the Handling of Cargo in Customs Areas Regulations, 2009.
And, keeping in view the paramount importance of overall safety and security of imported / export goods, detailed guidelines have been prescribed in order to ensure that all concerned persons ensure that suitable arrangements are put in place for safety and security of premises relating to imported or export goods.
CBEC Circular No. 04/2011-Cus.,Dated: January 10, 2011