Commissioners - Please inform the Board when you correspond with Other Ministries/Departments - National security in Jeopardy?
CBEC has observed that the Commissionerates often correspond on sensitive and policy related issues directly with the Ministry of Commerce / DGFT without keeping Board posted.
In one case where sensitive war material was found in a consignment of heavy melting scrap (HMS) despite a certificate to the contrary from an authorized inspection agency listed in Appendix-5, DGFT Hand Book of Procedures (HBP) (Volume -I), the Commissionerate directly referred the matter to DGFT for appropriate action against the said agency without informing the Board.
Board wants the Commissioners to appreciate that matters of policy that have all India ramifications need to be treated with seriousness by being referred to the Board. Examination of such matters by the Board would ensure appropriate action as well as a uniform approach across field formations. For instance, in the referred case of detection of war material it would have been appropriate to alert all field formations to subject similar imports covered by certificate issued by the identified authorized inspection agency to greater scrutiny. However, this could not be done since the Board was not kept informed.
Apparently, the Customs has not learnt anything from the Mumbai Blasts!
Now the Board desires that whenever the field formations receive a reference from any other Ministry / Department on a matter having policy implication, the Board shall invariably be kept informed. Also, the field formations should generally avoid corresponding directly with other Ministries / Departments on policy matters, but if the same is required to be done the Board should be informed.
When serious instructions of the Board are treated with scant respect by the field, can the Board expect its desire to be treated any better?
This is yet another classic case of gross disobedience. Board had in Circular No. 80/98 - Cus dated 26.10.1998 had clearly instructed the Commissioners, “Direct correspondence with other Ministries on policy matters may be avoided”.
But disobedience of the Board is the norm rather than the exception with the field formations.
It is really a miracle that the Board is able to function with such total disobedience by its field commanders!
CBEC Instruction in F. No. 528/54/2011-STO (TU) ,Dated: June 21, 2011