Import of livestock and livestock products - CBEC clarifies - after 9 years
WITH regard to import of livestock and livestock products, in view of outbreak of Avian Influenza disease in number of countries, Board vide Circular No 13/2007 Cus dated 02.03.2007, had clarified that:
6. As per existing provisions in respect of clearance of Diplomatic baggage and cargo, it is once again reiterated that the import of goods which is prohibited by the law or regulated by the quarantine provisions, inspection can be conducted only in the presence of the diplomatic agent or of his authorized representative. However any such inspection should be undertaken only after prior consultation or authorization of the protocol division of Ministry of External Affairs (MEA). A representative of MEA should invariably be present at the time of inspection. Further, Inspection should be based on prior intelligence and with the approval of the Commissioner of Customs.
In cases where declaration itself contains presence of livestock and livestock products in the cargo, the standard procedure of referral to Quarantine authorities need to be adhered to. MEA has informed that such requirement of quarantine authorities in respect of Diplomatic cargo need to be informed to all Diplomatic Missions before the procedure is put in place. Accordingly, it is decided that such referral by Customs should commence only after MEA has briefed all Diplomatic Missions about these requirements. In view of this, Customs should follow procedure of referral to quarantine authorities only after further direction of the Board. Meanwhile, clearance of such items by Diplomatic Missions may continue unhindered. Where any difficulty is being faced in clearance of Diplomatic cargo the same should be immediately referred to the Board.
Here are the further directions, after 9 years:
3. Ministry of External Affairs has now informed that the Diplomatic Missions who are importing Livestock/Livestock products have been submitting a Self Certification along with their Customs Duty Exemption Certificate for import of goods in the format Form 7A recently uploaded on the website of Ministry of External Affairs under the Useful Links/Protocol Division. In the self certification, the authorized signatory of the Diplomatic Mission certifies that he/she is aware that import and export of some specified goods may be restricted/prohibited under the Customs Act, 1962 and Notifications of the Government of India and other laws including the Livestock Importation Act.
4. As such, the Diplomatic Missions are aware of the need for compliance of the laws of the land for import of all goods including Livestock products. Therefore, Diplomatic Missions are already following the procedure for import of Livestock products. However, Ministry of External Affairs has desired that top priority be accorded to Diplomatic Missions while issuing AQCS clearances for their Livestock product imports.
5. Keeping in view the above, it has been decided that Customs should commence standard procedure of referral to quarantine authorities in respect of Diplomatic Cargo and baggage. However, priority may be accorded to such consignments of Diplomatic Missions. Para 6 of the Circular 13/2007-Customs dated 2nd March, 2007 stands modified to this effect.
CBEC Circular No 02/2016-Customs, Dated: January 27, 2016