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Special Economic Zones (Third Amendment) Rules, 2023- (Ministry of Commerce and Industry) (05 Jul 2023)

MANU/COMM/0103/2023

Commercial

In exercise of the powers conferred by section 55 of the Special Economic Zones Act, 2005 (28 of 2005), the Central Government hereby makes the following rules further to amend the Special Economic Zones Rules, 2006, namely: -

1. (1) These rules may be called the Special Economic Zones (Third Amendment) Rules, 2023.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Special Economic Zones Rules, 2006, after rule 29A, the following rule shall be inserted, namely:-

'29B. Procedure of import or export or procurement from or supply to Domestic Tariff Area of ship by a Unit in International Financial Services Centre-

(1) Notwithstanding anything in rule 29, the Unit setup in the International Financial Services Centre approved by the International Financial Services Centre Authority (in this rule referred to as "the Unit"), importing ship shall follow the procedure as given below, namely:-

(a) the Unit in the International Financial Services Centre shall file Bill of Entry for home consumption in quintuplicate giving therein, description with specially stamped endorsement as "International Financial Services Centre Cargo" along with invoice and packing list through online system with the Authorised Officer who shall register and assign a running annual serial number and assess the Bill of Entry, on the basis of transaction value, which shall not require any counter signature of the Specified Officer;

(b) while filing the bill of Entry, the entity shall indicate the port of discharge as the respective customs port, where ship is expected to be received first time by the Unit:

Provided that where the Bill of Entry is not assessed on the date of filing itself, the goods shall be allowed to be transferred to place designated by the Unit on the basis of the registered Bill of Entry if an endorsement to this effect has been made by the Authorised Officer:

Provided further that, the place designated by the Unit shall be the customs area or customs port or customs shipyard, where ship is expected to be received for the first time by the Unit:

Provided also that where the ship is supplied free of cost or on loan or lease basis, the Bill of Entry shall be filed jointly in the name of the Unit and the supplier;

(c) assessed Bill of Entry shall be forwarded by the Authorised Officers to the customs officer at the place of import through an e-mail or any other mode authorised within 24 hours of filing of Bill of Entry under these rules and the same shall be treated as permission for transfer of goods to the place designated by the Unit;

(d) on receipt of assessed Bill of Entry, the customs officer at the place of import shall inspect marks and numbers of the ship and conduct examination, if necessary, and forward examination or inspection report, including the location where the ship is anchored, stored or parked, to the Authorised Officer through an e- mail or any other mode authorised under these rules within 24 hours of receipt of assessed Bill of Entry.;

(e) the receipt of the examination and inspection report from customs officer at the place of import by the Authorised Officer shall be deemed to be the arrival of such goods in the International Financial Services Centre by the Unit and completion of the customs procedure for out of charge of the goods;

(f) the Unit shall be responsible for ensuring that ship imported is under the custody of such person approved under section 45of the Customs Act,1962 (52 of 1962), for the respective customs port till the customs discharge of such goods.

(2) In case of procurement of ship from a Domestic Tariff Area by the Unit, the unit shall follow the procedure as given below, namely: -

(a) lessors setup as an Unit in the International Financial Services Centre may procure ship on purchase or on a lease basis;

(b) for procurement, all documents including Tax Invoice and any other documents prescribed under the Goods and Services Tax Act, 2017 (12 of 2017) or the rules made thereunder, shall be submitted through online system:

Provided that where the ship is supplied on loan or lease basis by a domestic supplier, all documents for such procurement shall be filed jointly in the name of the Unit and domestic supplier;

(c) the documents stated in clause (b) shall indicate customs port where ship is expected to be received for the first time by the Unit;

(d) for examination and inspection of marks and numbers of the ship, the Authorised Officer shall communicate to the customs officer of concerned customs port within twenty-four hours of filing of respective documents by the Unit, through an e-mail or any other authorised mode;

(e) concerned customs officials at the respective customs port shall carry out examination or inspection of marks and numbers of such ship and forward examination or inspection report, including the location where the ship is anchored, stored or parked, to the Authorised Officer concerned through an e-mail or any other authorised mode within-twenty four hours of the receipt of the communication from the Authorised Officer;

(f) the receipt of the examination or inspection report from the customs officer concerned at the customs port or by the Authorised Officer shall be deemed to be arrival of such goods in the International Financial Services Centre by the Unit and completion of the customs procedure for out of charge of the goods;

(g) the lessor shall be responsible for ensuring that ship procured is under the custody of such person approved under section 45 of the Customs Act,1962 (52 of 1962), for the respective customs port till the customs discharge of such ship.

Tags : SPECIAL ECONOMIC ZONES   AMENDMENT   RULES  

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