TaxTMI 
TaxTMI 
Registration of Shipping Lines, Freight Forwarders and Non vessel operating common carrier (NVOCC) and other members of Trade and Industry which are covered under “Handling of Cargo in Customs Areas Regulations, 2009”
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....by Notification No. 96/2010- Cus. (N.T.) dated 12-11-2010, 43/2012-Cus. (N.T.) dated 16-05-2012, 104/2012-Cus. (N.T.) dated 16/11/2012, 115/2016-Customs (N.T.) dated 26.08.2016, 24/2017- Customs (N.T.) dated 31.03.2017 and 29/2019 dated 01.04.2019 issued by CBIC. Henceforth, the said regulations is known as "Handling of Cargo in Customs Area (Amendment) Regulation (HCCAR), 2019" dated 01.04.2019 vide Notification no 29/2019 dated 01.04.2019 issued by CBIC. The regulations contain provisions laying down the manner in which the imported goods/export goods shall be received, stored, delivered or otherwise handled in a custom area and also prescribe the responsibilities of persons engaged in the aforesaid activities. 2. According to Regulation 2(b) of said regulation "Customs Cargo Services provider" means any person responsible for receipt, storage, delivery, dispatch or otherwise handling of imported goods and export goods and includes a custodian as referred to in section 45 of the Act and persons as referred to in sub-section (2) of section 141 of the said Act. 3. Application.- These regulations shall be applicable to the handling of imported and export goods in port....
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.... Customs Community partners; (l) facilities for auction, including by e-auction, for disposal of undeared, unclaimed or abandoned cargo; (m) facilities for installation of scanning equipment; (n) security and access control to prohibit unauthorized access into the premises, and (o) such other equipment or facilities as the Board or Principal Commissioner of Customs or Commissioner of Customs, as the case, may specify having regard to the screening, examination, custody and handling of imported or export goods in a customs area; (ii) 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; (iii) insurance for an amount equal to the average value of goods likely to be stored in the customs area based on the projected capacity, and for an amount as the Commissioner of Customs may specify having regard to the goods which have already been insured by the importers or exporters. (2) Undertake to bear the cost of the Customs officers posted, at su....
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....the imported goods to the Deputy Commissioner or Assistant Commissioner of Customs immediately on arrival of said goods in the customs area also information about their departure after the clearance thereof; (b) keep a record of each activity or action taken in relation to the movement or handling of imported or export goods and goods brought for transhipment; (c) display or make available in any other manner, information of process or movement or handling of imported or export goods and goods brought for transhipment; (d) demarcate separate areas for unloading of imported goods for their storage with respect to the category of importers, nature of goods, place of destination, mode of transportation or any other criterion as the Commissioner of Customs may specify having regard to the custody and handling of imported goods in a customs area; (e) demarcate separate areas for loading of export goods for their storage with respect to categories of exporters, nature of goods, examined and sealed containers or other criterion as the Commissioner of Customs may specify having regard to the custody and handling of export goods in a customs area; ....
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....e, and (q) abide by all the provisions of the Act and the rules, regulations, notifications and orders issued thereunder. (2) The Customs Cargo Service provider approved for custody of imported or export goods and for handling of such goods shall not lease, gift, sell or sublet or in any other manner transfer any of the premises in a customs area; or sub contract or outsource functions permitted or required to be carried out by him in terms of these regulations to any other person, without the written permission of the Commissioner of Customs. (3) The Customs Cargo Service provider shall publish and display at prominent places including website or webpage of the Customs Cargo Service provider the schedule of charges for the various services provided by him in relation to the imported goods or export goods in the customs area. 7. Power to relax and regulate: (1) if the Commissioner of Customs is satisfied that in relation to the custody and handling of imported or export goods in a customs area, the Customs Cargo Service provider, for reasons beyond his control, is unable to comply with any of the conditions of regulation 5, he may for reasons ....
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....ecorded in writing, may order for review of the approval granted to any Customs Cargo Service provider before the completion of the period of approval; Provided further that in case of Customs Cargo Service provider authorised under Authorised Economic Operator Programme', the approval granted under sub-regulation (1) may be extended for a further period of ten years at a time. 11. Suspension or revocation of approval for appointment of a Customs Cargo Service provider: (1) The Commissioner of Customs may, subject to the provisions of these regulations, suspend or revoke the approval granted to the Customs Cargo Service provider subject to the observance of procedure prescribed under regulation 12 and also order for forfeiture of security, if any, for failure to comply with any of the provisions of the Act and the rules, regulations, notifications and orders made thereunder; (2) Notwithstanding anything contained in sub-regulation (1), the Commissioner of Customs may, in appropriate cases where immediate action is necessary, suspend the approval granted to a Customs Cargo Service provider where an enquiry against such Customs Cargo Service provider....
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....within the specified period not being less than thirty days any representation that he may wish to make against the findings of the Assistant Commissioner of Customs or Deputy Commissioner of Customs. (7) The Commissioner shall, after considering the report of the inquiry, and the representation thereon, if any, made by the Customs Cargo Service provider, pass such orders as he deems fit. (8) If any Customs Cargo Service provider contravenes any of the provisions of these regulations, or abets such contravention or who fails to comply with any provision of the regulation with which it was his duty to comply, then, he shall be liable to a penalty which may extend to fifty thousand rupees. (9) Any Customs Cargo Service provider aggrieved by any decision or order passed under this regulation, may appeal under section 129A of the Act to the Customs Central Excise and Service Tax Appellate Tribunal established under sub-section 1 of section 129 of the Act. 13. Renewal of approval for appointment of Customs Cargo Service provider: The Commissioner of Customs may on application made by the Customs Cargo Service provider before the expiry of the validity of th....
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....Provider under "Handling of Cargo in Customs Area Regulation(HCCAR), 2009". 17. Further, major ports notified under the Major Port Trusts Act, 1963 and airports notified under the Airports Authority of India Act, 1994 will continue to be authorised to function as custodians under their respective Acts and these regulations shall not impact their approval as a custodian. In this regard, it may be noted that section 45 of the Customs Act, 1962, which provides for approval of custodians makes an exception to these custodians who are otherwise approved under any law for the time being in force. Accordingly, the Port Trusts of the notified major ports and the Airports Authority of India shall not be required to make an application under Regulation 4 or 9 for approval or renewal under these regulations. However, they would be required to discharge the responsibilities cast upon them as specified in Regulation 6. 18. It is clarified that all persons operating in a Customs Area and engaged in the handling of imported/export goods in any capacity, therefore, are mandatorily required to comply with the applicable provisions of Handling of Cargo in Customs Areas Regulations, 2009. They ....