Can Customs officers make endorsements on passports of passengers?
IN a meeting of the Trade Facilitation Committee of the JN Customs last month, a point was raised,
At present all the passengers' passports that are required for clearance under Transfer of Residence are being endorsed by Customs. These endorsements of TR and mini-TR, being done on the passport, create problems at foreign immigrations. They have requested that the practice of endorsements on passports may be discontinued & also requested to issue an appropriate Office Order to facilitate the passengers.
The Commissioner of Customs replied,
Endorsement on the passport is done as per Standing Order No. 01/2010 to check and monitor the eligibility condition of Transfer of Residence while claiming the TR benefit by the passenger. If endorsement on the passport is not done, then passenger can avail TR benefit in any other ports like Mumbai Docks &ACC, Chennai, Kolkata etc. However, the members of Committee were requested to give a detailed representation/write up on the matter .
In Standing Order No. 01/2010, it was stipulated that in case benefit under Rule 5(c) or Rule 8 of the Baggage Rules 1998 is granted to a passenger, endorsement on his/her passport must be made before giving out of charge.
But can the Customs Officers tinker with the passports of passengers?
In Circular No. 12/2000-Cus dated 18.02.2016, the CBEC instructed,
Reports have, however, been received that the passports are being endorsed by the Customs authorities, apparently on the request of passengers. It is stated that this practice is totally incorrect and there is no provision in the Baggage Rules to endorse Passports, which is a valuable legal document.
It may kindly be ensured that all genuine tourists are allowed to bring in their personal effects without endorsement on the passports and without payment of duty, subject to the terms and conditions prescribed in the Baggage rules, 1998.
In spite of the Board clarification, how did JN Customs issue a Standing Order that passports have to be endorsed? And they are still insisting on it!
Passport is not a document for the Customs to tinker with. Maybe the Customs can ask the Passport Authorities to allocate a few pages in the passport book for the Customs to make their endorsements and certificates.