Transit of US cargo: — prescribes procedure under Customs Act, 1969

RECORDER REPORT

ISLAMABAD: Pakistani customs authorities have announced that the transit of US cargo destined for Afghanistan would only be allowed to enter or leave through Karachi Port, Port Muhammad Bin Qasim, Torkham and Chaman.

In this regard, the FBR has issued a Customs General Order 10 of 2012 here on Saturday.

The procedure given under para 25 and para 31 of CGO 12 of 2002 dated June 15, 2002, and all the letters and directions issued on the subject prior to this CGO are hereby rescinded.

According to the FBR, to give effect to the Memorandum of Understanding (MOU) signed between the Pakistan and the United States of America on July 31, 2012, the Federal Board of Revenue (FBR) has prescribed this procedure under the relevant provisions of Customs Act, 1969, for transit of U.S. cargo to and from Afghanistan, through the territory of Pakistan.

The “US cargo” means non-lethal items, including U.S. Department of Defence provided humanitarian items like food, medicines, equipment, and materials, and daily activity support items including those designated for U.S. military, civilian and other personnel embedded with U.S. forces or for U.S. assistance to Afghan security forces; and military equipment, vehicles and other military property, but excludes the prohibited cargo defined, FBR added.

The following definitions shall be applicable wherever relevant under the CGO for clearance of US consignments transit through land route of Pakistan to Afghanistan:

1. “Carrier” means Pakistan Railways or any other duly authorized Customs licensed bonded carrier or transport operator including NLC for transportation of transit cargo under this Customs General Order (CGO).

2. “Cargo manifest” means a document carrying official monogram of U.S. containing details of the cargo to be transited under this CGO.

3. “Conveyance” means a truck or trailer used for the transport of scan able containerized cargo of international standards and specifications conforming to the requirements and applicable laws and regulations, and oversized non-containerized cargo in compliance of the axle load parameters prescribed under the relevant laws of Pakistan.

4.  “Goods declaration” means the declaration filed with Pakistan Customs under section 79 of the Customs Act, 1969 for transit of goods to or from Afghanistan under this CGO.

5. “Port of entry” means the specified customs-station notified under section 9 of the Customs Act 1969, where the goods are entered for clearance as cargo in transit.

6. Port of exit” means the specified customs-station notified under section 9 of the Customs Act 1969, from where the transit goods exit Pakistan for the destination.

7. “Prohibited cargo” means lethal items, such as arms and ammunition, and hazardous and dangerous materials defined under the applicable laws, rules, and regulations of Pakistan, and as enumerated in Annex-A to this CGO, not permitted for transit to Afghanistan under the MOU, with the exception of military equipments intended for the capacity building of the Afghan National Security Forces (ANSF).

8. “Terminal operator” includes the organization or establishment, authorized under the provisions of Customs Act, 1969 for physical custody of cargo within the customs-stations.

9.  “Transit” means the movement of U.S. cargo by carriers to and from Afghanistan through the territory of Pakistan.

As per procedure, the concerned officer of Customs at ports of entry and exit shall maintain a separate register and update the record of all the Forms-A issued and received by him during a month and shall, through his concerned Assistant or Deputy Collector, reconcile the details (Forms A number, Container Number, Seal Number, date of issue/ receipt and name and designation of focal person) of such Forms with his counterpart focal person at the port of exit in the first week of the succeeding month.

The FBR said that the concerned officer at the port of entry and exit shall record in the Customs computerized system, the events of gate out, cross border, gate in, pass in, allow loading or shipment etc., as the case may be, and sealing, de-sealing of the containers along with its number on real time.

The port authorities and terminal operators shall issue release order for the cargo in transit, on receipt of the following: Clearance message, electronic or manual in the form of “out of charged” GD, from Customs; authority letter from the carrier, mentioning the vehicle number, container number along with names and CNIC Number of the Driver and co-driver or cleaner. Where there is no second person or if more than two persons are riding on the conveyance, such facts and particulars of the persons shall be given in the said letter with reasons; original delivery order duly endorsed by the US’s representative and Authority letter from said US representative.

Under no circumstances, the cargo shall be delivered to a carrier other than that authorized under the FBR’s customs general order.

The relevant documents shall be retained by the port authorities and terminal Operators before delivering the cargo to the authorized carrier. The port authorities and terminal operators shall maintain and keep record of the same in accordance with the provisions of section 211 of the Customs Act, 1969, the FBR added.