DU BBA Lecture 13
DU BBA Lecture 13
DU BBA Lecture 13
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CUSTOMS FORMALITIES/CLEARANCE
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OUTLINE ABOUT EXPORT FORMALITIES
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MANIFEST? WHO & WHEN SUBMITS?
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WHAT INFORMATION DOES A MANIFEST CONTAIN?
BILL OF ENTRY/EXPORT
Formal application for customs clearance or Export
Salient features:
Prescribed international standard format (SAD)
o A4 size
o ISO Codes (International Standard Organization)
o 56 boxes
o Same BoE for Import, Export & Bond (In-to/Ex)
o IM-4 (Clearance for home consumption)
o IM-7 (Clearance for Bond)
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Procedures: Submission of import declaration documents is the gateway to the clearing of
goods from the customs stations. Two documents are submitted in this connection. One
is IGM and another is Bill of Entry. These documents are submitted in accordance with
the specific provisions of the Customs Act, 1969. IGM is submitted as per Sections 43 &
44, and bill of entry as per Section 79 of the aforementioned Act.
IGM: IGM stands for Import General Manifest. It is a key document regarding import
declaration. This document is a summary report on the imported goods covering all the
required descriptions regarding a particular import consignment and it is submitted as per
the requirement of the customs authority. Section 43 of the Customs Act entails the
provision of submitting IGM in respect of a vessel and 44 contains the provision in
respect of a conveyance other than a vessel.
Main feature:
(a) To be submitted by the master of the vessel.
(b) To be submitted within twenty four hours.
(c) Includes specification of all goods -- the goods to be landed or transshipped
or transited or taken on to another customs station or to a destination outside
Bangladesh. (Section-45)
(d) To be duly signed by the person-in-charge. (Section-45).
e) Includes specification of stores intended for consumption at the customs station or in
the outward voyage or journey.
(f) To be countersigned by the person receiving the manifest. (Section-46)
(g) No permission to be given to break bulk until an import manifest is submitted.
(Section-47). 6
Duty Calculation
Assessment at Import Stage:
Customs Duty Rate: 0%, 5%, 10%, 25%
Supplementary Duty Rate: 10%, 15%, 20%, 30%, 45%, 60%, 100%, 150%,
200%, 250%, 350%, 500%
Suppose, the C & F Price of a particular goods imported is Tk. 100000/-
customs duty @ 25%, Supplementary machinery duty @ 20% are applicable.
How to calculate duty and taxes?
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Customs Automation in
Bangladesh
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Serving through Digitalization
• Expediting trade through “ASYCUDA World” software as a
single window approach at ports reducing clearance time for
consignments
• Developing apps for VAT and customs purposes for the valued
businessmen
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ASYCUDA
Automated System for Customs Data: Technical Assistance
Program of UNCTAD
Created in the early 80’s
Four generations of ASYCUDA IT platforms
Ver1, Ver2, Ver3/A++, ASYCUDA World
Operates in 90 Countries using 19 Languages
Major User Countries:
Asia & Pacific: Bangladesh, Philippines, Cambodia, Vietnam, Sri Lanka,
Nepal, Maldives, Fiji, Iran, Jordan, Syria, Lebanon
Europe: Albania, Malta, Moldova, Kosovo, Romania, Latvia, Lithuania,
Georgia
Americas: Barbados, Haiti, Cuba, Venezuela, Bolivia, Nicaragua, Panama,
Honduras
Africa: Nigeria, Namibia, Cameroon, Tunisia, Zimbabwe
Nearly 40 countries using ASYCUDA World
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ASYCUDA in Bangladesh
1994: Live Operation in Dhaka Custom House with
ASYCUDA Version 2
1995: Chittagong Customs House
1999: Upgraded to y2k version [2.7]
2002: A++(v1.16f) implemented(ICD DCH, CCH,
CEPZ, BCH) (UnixWare & Oracle 8)
• Introduction of DTI
2007: A++ (v1.18d) implemented (Linux & Oracle 10g)
2008: Electronic Data Interchange(EDI)
Interface with B/E & Manifest submission module
2012: ASYCUDA World
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Advantages of Automated Customs
Clearly defined, transparent and predictable procedures.
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Import Assessment (42 Steps): Before Automation
Noting
Shipment Entry/
Open Document CRF Collection
Noting
AC approves for
Assessment/ Bill of Entry Print Verified by Clerk
Examination
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Import Assessment (42 Steps): Before Automation
Examination
ASI permits to
Approval by AC / Produce for
place goods at
Super Examination
exam yard
Collect Exam
EO, ASI, Clerk
Report from EO, Completes Exam
permits to open
PO & IO
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Import Assessment (42 Steps)
Delivery
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Import Flow Chart after Automation (ASYCUDA
World)
Noting at Customs
Customs Assesses
C&F pays Tax on Sonali Bank whether Manifest is block
and fixes Tax
by Customs or by Navy
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AUTOMATION OF BANGLADESH CUSTOMS
A++(v1.16f) implemented (ICD DCH, CCH, CEPZ, BCH) in 2002 (UnixWare & Oracle 8)
Introduction of Electronic Data Interchange (EDI) at CCH in 2008 (Declarations & Manifests)
Single Window
Sonali Bank Chittagong Port
(CCHA)
Bearth Operator
ICD (Dhaka)
PSI Company
CEPZ
Importers/
Exporters OIL Bond
Off Dock
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Chittagong Custom House (CCH)
One of the oldest Custom House in the
South-Asia. It has been Continuing since
the 16th Century.
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Revenue Trends at CCH
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Towards Single Window 9/12/23
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Major Import Items
Petroleum Products
Edible Oil
Machinery Appliance
Motor Vehicles
Cement Clinker
Chemicals
Plastic Articles
Iron & Steel Products
Ceramic & Glassware
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Major Export Items
Readymade Garments
Frozen Fish
Jute & Jute Goods
Tea Leaves
Leather & Leather Goods
Food Products
Potato
Handi Crafts
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The Customs Act, 1969
Important definition (Sec-2)
“Agent” means any person, including a shipping agent, clearing and forwarding
agent, cargo agent and freight forwarding agent, licensed under section 207, or
any person permitted to transact any business under section 208;
“Bangladesh customs-waters” means the waters extending into the sea to a
distance of twelve nautical miles measured from the appropriate base line on
the coast of Bangladesh;
“Bill of entry” means a bill of entry delivered under section 79, and includes,
an electronically transmitted bill of entry in such cases and in such manner
containing such particulars as the Board may specify;
“Bill of export” means a bill of export delivered under section 131, and
includes, an electronically transmitted bill of entry in such cases and in such
manner containing such particulars as the Board may specify;
“Export manifest” means an export manifest delivered under section 53, and
includes an electronically transmitted export manifest in such cases and in such
manner containing such particulars as the Board may specify;
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“Import manifest” means an import manifest delivered under section 43 and
44, and includes an electronically transmitted import manifest in such cases
and in such manner containing such particulars as the Board may specify;
“Customs port” means any place declared under section 9 to be a port for
the shipment and landing of goods;
“Land customs-station” means any place including an inland river port
declared under section 9 to be a land customs-station;
“Customs-station” means any customs-port, customs-airport or any land
customs-station;
“Smuggling” means to bring into or take out of Bangladesh in breach of any
prohibition or restriction for the time being in force; or evading payment of
customs-duties or taxes leviable thereon;
“Special bonded warehouse” means a private warehouse licensed under
section 13 and which is a hundred percent export oriented industry to be
determined as such by the Board for the purpose of exemption from the
provision of sub-section (2) of section 91
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Prohibitions (Sec-15):
a. Counterfeit coin;
b. Forged or counterfeit currency notes and any other counterfeit
product;
c. Any obscene book, pamphlet, paper, drawing, painting,
representation, figure, photograph, film or article, video or audio
recording, CDs or recording on any other media;
d. Goods having counterfeit trade mark;
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Goods dutiable (Sec-18)
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Imposition of countervailing duty (Sec 18A)
Where any country pays, directly or indirectly, any subsidy upon the
manufacture or production or pays any subsidy on transportation of such
goods, then, upon the importation of such goods into Bangladesh, the
Government may impose a countervailing duty not exceeding the amount
of such subsidy.
The assessable value shall be the actual price, that is, the price actually
paid or payable or the price at which such or like goods are ordinarily
sold, or offered for sale, for delivery at the time and place of importation
or exportation, in course of international trade under fully competitive
conditions, where the seller and the buyer have no interest in the
business.
Explanation:
a) “the time of importation” means the date on which a bill of entry is
delivered under section 79;
b) “the time of exportation” means the date on which a bill of export is
delivered under section 131;
c) “the place of importation” means the customs port or customs
airport or the customs station at which the bill of entry is first
submitted; and
d) “the place of exportation” means the customs port or the station at
which the bill of export is submitted.
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Method of Valuation [Rule 3 of the Customs Valuation
(Determination of Value of Imported Goods) Rules, 2000]
1. Transaction Value: It shall be the actual price, that is, the price
actually paid or payable or the price at which such or like goods are
ordinarily sold, or offered for sale, for delivery at the time and place
of importation or exportation, in course of international trade under
fully competitive conditions, where the seller and the buyer have no
interest in the business;
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5. Computed value: the value of imported goods shall be based on a
computed value, which shall consist of the sum of:-
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Untrue Statement, error, etc (Sec 32):
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Refund (Sec 33)
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Drawback
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Appeal procedures
Bill of Entry: ”“bill of entry” means a bill of entry delivered under section 79,
and includes, an electronically transmitted bill of entry in such cases and in such
manner containing such particulars as the Board may specify;
Provided that, if the owner makes and subscribes a declaration before the
appropriate officer to the effect that he is unable, for want of 3[such information
as is essential for submitting a bill of entry], then the said officer shall permit him,
previous to the entry thereof, to examine the goods in the presence of an officer of
customs or to deposit such goods in a public warehouse appointed under section
12 without warehousing the same, pending the production of such information. 3
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Bill of Entry/Cont…
(1A) The Commissioner of Customs may within the period specified in sub-section (2)
require the owner who has delivered or transmitted a bill of entry in electronic form to
submit to the appropriate officer a paper bill of entry duly signed by the owner or his
authorized agent, containing such information and documents as the said
Commissioner may specify;
(2) A bill of entry under sub-section (1) may be presented and the goods be cleared at
any time within [thirty] days of the date of unloading thereof at a customs-port or a
land customs-station or customs-inland container depot or [within twenty one days of]
the date of unloading thereof at a customs-airport or within such extended period as the
[Commissioner of Customs] may deem fit:
(3) If the [Commissioner of Customs] is satisfied that the rate of customs-duty is not
adversely affected and that there was no intention to defraud, he may in exceptional
circumstances and for reasons to be recorded in writing permit substitution of a bill of
entry for home-consumption for a bill of entry for warehousing or vice versa.
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[79A. Acceptance of electronically transmitted bills of entry and documents.- The
Board may, by notification in the official Gazette, declare that electronically
transmitted bills of entry and related documents may be acceptable subject to such
conditions as are specified in that notification.]
Bill of Export: “bill of export” means a bill of export delivered under section
131, and includes an electronically transmitted bill of export in such cases
and in such manner containing such particulars as the Board may specify;
Sec. 10. Power to approve landing places and specify limits of customs-
stations.- The Board may, by notification in the official Gazette-
(a) specify the limits of any customs-station; and
(b) approve proper places in any customs-station for the loading and
unloading of goods or any class of goods. 46
Export Manifest "export manifest" means an export manifest delivered under
section 53, and includes electronically transmitted export manifest in such cases
and in such manner containing such particulars as the board may specify;
Sec. 53. Application for port-clearance of vessels.- (1) Every application for
port-clearance Shall be made by the master of a vessel at least twenty-four hours
before the intended departure of the vessel:
Provided that the [Commissioner of Customs] or an officer authorised by him in
this behalf may for special reasons to be recorded allow a shorter period for the
delivery of the said application[:]
[Provided further that when the master is a registered user, he may make the
application under this sub-section by transmitting it to the Customs computer
system, and an application so transmitted shall be deemed to have been duly
signed by him.]
(2) The master shall, at the time of applying for port-clearance,-
(a) deliver to the appropriate officer an export manifest in duplicate in such form
as may from time to time be prescribed by the Board signed by such master
specifying all goods to be exported in the vessel and showing separately all goods
and stores entered in the import manifest, and not landed or consumed on board or
transhipped; 47
Sec. 53. Application for port-clearance of vessels.-/Cont...
(b) deliver to the appropriate officer such bills of export or other documents as such officer
acting under the general instructions of the 1[Commissioner of Customs] requires; and
(c) answer such questions respecting the departure and destination of the vessel as are put to
him by the appropriate officer2[:
Provided that if the master is a registered user, he may transmit to the Customs computer
system the export manifest and other documents specified at clauses (b) and (c) and the
documents so transmitted shall be deemed to have been signed by him for the purposes of
this section.]
(3) The provisions of section 45, relating to the amendment of import manifest shall, mutatis
mutandis, apply also to export manifest delivered under this section or under section 54.
Sec. 54. Conveyances other than vessels to deliver documents and answer question
before departure.- The person-in-charge of a conveyance other than a vessel or his duly
authorised agent shall-
(c) deliver to the appropriate officer an export manifest in duplicate in such form as may
from time to time be prescribed by the Board signed by such person-in-charge or the
agent specifying all goods or stores entered in the import manifest, and not landed or
transhipped or consumed on board the conveyance;
(b) deliver to the appropriate officer such bills of export or other documents as such officer
acting under the general instructions of the 1[Commissioner of Customs] requires; and
(c) answer such questions respecting the departure and destination of the conveyance as are
put to him by the appropriate officer.
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Import Manifest: “import manifest” means an import manifest delivered under
sections 43 and 44, and includes electronically transmitted import manifest in
such cases and in such manner containing such particulars as the Board may
specify;
43. Delivery of import manifest in respect of a vessel.- (1) The Board may, by
notification in the official Gazette, fix a place in any river or port beyond which
no vessel arriving shall pass until an import manifest has been delivered to the
pilot, 1[officer of customs, or other person duly authorised to receive the same, or
as the case may be, until the manifest has been transmitted to the Customs
computer system by a registered user].
(2) If in any river or port wherein a place has been fixed by the Board under this
section, the master of any vessel arriving remains outside or below the place so
fixed, such master shall, nevertheless, within twenty-four hours after the vessel
anchors, deliver an import manifest to the pilot, officer of customs or other person
duly authorised to receive the same.
(3) If any vessel arrives at any customs-port in which a place has not been so
fixed, the master of such vessel shall, within twenty-four hours after such vessel
has anchored within the limits of the port, deliver an import manifest to the pilot,
officer of customs or other person authorised to receive the same :
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Delivery of import manifest in respect of a vessel./Cont..
Provided that if any officer not below the rank of 3[Superintendent of Customs
or Principal Appraiser] is satisfied that the master of the vessel was prevented by
circumstances beyond his control from delivering the import manifest within
twenty-four hours after the vessel anchored outside or below the place fixed by
the Board under sub-section (1), allow it to be delivered within a further period
of twenty-four hours or immediately after the first lighter vessel takes berth,
whichever is earlier.]
14 If any person commits an A penalty not exceeding three times the value of 32
offence under section 32 the goods and goods shall be confiscated
(untrue statement) Upon conviction by a Magistrate imprisonment
for a term not exceeding five years and to a fine
not exceeding taka fifty thousand or to both
51 If any warehoused goods be not Goods shall be confiscated and a penalty twice Chapter XI
warehoused in accordance with the value of the goods
the provisions of chapter XI of Upon conviction by a Magistrate imprisonment
The Customs Act, 1969 for a term not less than three months but not
exceeding two years
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