Important Announcement
PubHTML5 Scheduled Server Maintenance on (GMT) Sunday, June 26th, 2:00 am - 8:00 am.
PubHTML5 site will be inoperative during the times indicated!

Home Explore CU-BSC.TTM-SEM-IV-Travel Documentation and Formalities

CU-BSC.TTM-SEM-IV-Travel Documentation and Formalities

Published by Teamlease Edtech Ltd (Amita Chitroda), 2021-10-20 17:28:18

Description: CU-BSC.TTM-SEM-IV-Travel Documentation and Formalities

Search

Read the Text Version

39. Export goods not to be loaded on vessel until entry-outwards granted. 40. Export goods not to be loaded unless duly passed by proper officer. 41. Delivery of departure manifest or export manifest or export report. 41A. Passenger and crew departure manifest and passenger name record information. 42. No conveyance to leave without written order. 43. Exemption of certain classes of conveyances from certain provisions of this Chapter. 101 CU IDOL SELF LEARNING MATERIAL (SLM)

CHAPTER VII CLEARANCE OF IMPORTED GOODS AND EXPORT GOODS 44. Chapter not to apply to baggage and postal articles. SECTIONS 45. Restrictions on custody and removal of imported goods. 46. Entry of goods on importation. 47. Clearance of goods for home consumption. 48. Procedure in case of goods not cleared, warehoused, or tran-shipped within thirty days after unloading. 49. Storage of imported goods in warehouse pending clearance. Clearance of export goods 50. Entry of goods for exportation. 51. Clearance of goods for exportation. CHAPTER VIIA PAYMENTS THROUGH ELECTRONIC CASH LEDGER 51A. Payment of duty, interest, penalty, etc. CHAPTER VIII GOODS IN TRANSIT 102 CU IDOL SELF LEARNING MATERIAL (SLM)

52. Chapter not to apply to baggage, postal articles and stores. 53. Transit of certain goods without payment of duty. 54. Transshipment of certain goods without payment of duty. 55. Liability of duty on goods transited under section 53 or transshipped under section 54. 56. Transport of certain classes of goods subject to prescribed conditions. CHAPTER IX WAREHOUSING 103 CU IDOL SELF LEARNING MATERIAL (SLM)

57. Licensing of public warehouses. 58. Licensing of private warehouses. 58A. Licensing of special warehouses. 58B. Cancellation of licence. 59. Warehousing bond. 59A. [Omitted.] 60. Permission for removal of goods for deposit in warehouse. 61. Period for which goods may remain warehoused. 62. [Omitted.] 63. [Omitted.] 64. Owner’s right to deal with warehoused goods. 65. Manufacture and other operations in relation to goods in a warehouse. 66. Power to exempt imported materials used in the manufacture of goods in warehouse. 67. Removal of goods from one warehouse to another. 104 CU IDOL SELF LEARNING MATERIAL (SLM)

68. Clearance of warehoused goods for home consumption. 69. Clearance of warehoused goods for export. 70. Allowance in case of volatile goods. 71. Goods not to be taken out of warehouse except as provided by this Act. 72. Goods improperly removed from warehouse, etc. SECTIONS 73. Cancellation and return of warehousing bond. 73A.Custody and removal of warehoused goods. CHAPTER X DRAWBACK 74. Drawback allowable on re-export of duty-paid goods. 75. Drawback on imported materials used in the manufacture of goods which are exported. 75A. Interest on drawback. 76. Prohibition and regulation of drawback in certain cases. 76A to 76N [Omitted.] CHAPTER XI SPECIAL PROVISIONS REGARDING BAGGAGE, GOODS IMPORTED OR EXPORTED BY POST, COURIER AND STORES Baggage 77. Declaration by owner of baggage. 78. Determination of rate of duty and tariff valuation in respect of beggage. 79. Bona fide baggage exempted from duty. 80. Temporary detention of baggage. 81. Regulations in respect of baggage. Goods imported or exported by post 82. [Omitted.] 83. Rate of duty and tariff valuation in respect of goods imported or exported by post or courier. 84. Regulations regarding goods imported or to be exported by post or courier. Stores 85. supplies may be permitted to be warehoused without judgment to duty. 86. Transit and transhipment of stores. 87. Imported stores may be consumed on board a foreign-going vessel or aircraft. 88. Application of section 69 and Chapter X to stores. 89. Stores to be free of export duty. 105 CU IDOL SELF LEARNING MATERIAL (SLM)

90. Concessions in respect of imported stores for the Navy. CHAPTER XII PROVISIONS RELATING TO COASTAL GOODS AND VESSELS CARRYING COASTAL GOODS 91. Chapter not to apply to baggage and stores. 92. Entry of coastal goods. 93. Coastal goods not to be loaded until bill relating thereto is passed, etc. 94. Clearance of coastal goods at destination. 95. Master of a coasting vessel to carry an advice book. 96. Loading and unloading of coastal goods at customs port or coastal port only. 97. No coasting vessel to leave without written order. 98. Application of certain provisions of this Act to coastal goods, etc SECTIONS 98A. Power to relax. 99. Power to make rules in respect of coastal goods and coasting vessels. CHAPTER XIIA AUDIT 99A. Audit. CHAPTER XIII SEARCHES, SEIZURE AND ARREST 100. Power to search suspected persons entering or leaving India, etc. 101. Power to search suspected persons in certain other cases. 102. Persons to be searched may require to be taken before gazetted officer of customs or magistrate. 103. Power to screen or X-ray bodies of suspected persons for detecting secreted goods. 104. Power to arrest. 105. Power to search premises. 106. Power to stop and search conveyances. 106A. Power to inspect. 107. Power to examine persons. 108. Power to summon persons to give evidence and produce documents. 108A. Obligation to furnish information. 108B. Penalty for failure to furnish information return. 109. Power to require production of order permitting clearance of goods imported by land. 109A. Power to undertake controlled delivery. 106 CU IDOL SELF LEARNING MATERIAL (SLM)

110. Seizure of goods, documents and things. 110A. Provisional release of goods, documents and things seized pending adjudication. CHAPTER XIV CONFISCATION OF GOODS AND CONVEYANCES AND IMPOSITION OF PENALTIES 111. Confiscation of improperly imported goods, etc. 112. Penalty for improper importation of goods, etc. 113. Confiscation of goods attempted to be improperly exported, etc. 114. Penalty for attempt to export goods improperly, etc. 114A. Penalty for short-levy or non-levy of duty in certain cases. 114AA. Penalty for use of false and incorrect material. 115. Confiscation of conveyances. 116. Penalty for not accounting for goods. 117. Penalties for contravention, etc., not expressly mentioned. 118. Confiscation of packages and their contents. 119. Confiscation of goods used for concealing smuggled goods. 120. Confiscation of smuggled goods notwithstanding any change in form, etc. 121. Confiscation of sale-proceeds of smuggled goods. 122. Adjudication of confiscations and penalties. 122A. Adjudication Procedure. SECTIONS 123. Burden of proof in certain cases. 124. Issue of show cause notice before confiscation of goods, etc. 125. Option to pay fine in lieu of confiscation. 126. On confiscation, property to vest in Central Government. 127. Award of confiscation or penalty by customs officers not to interfere with other punishments. CHAPTER XIVA SETTLEMENT OF CASES 127A. Definitions. 127B. Application for settlement of cases. 107 CU IDOL SELF LEARNING MATERIAL (SLM)

127C. Procedure on receipt of an application under section 127B. 127D. Power of Settlement Commission to order provisional attachment to protect revenue. 127E. [Omitted. ] 127F. Power and procedure of Settlement Commission. 127G. Inspection, etc., of reports. 127H. Power of Settlement Commission to grant immunity from prosecution and penalty. 127-I. Power of Settlement Commission to send a case back to the proper officer. 127J. Order of Settlement to be conclusive. 127K. Recovery of sums due under order of settlement. 127L. Bar on subsequent application for settlement in certain cases. 127M. Proceedings before Settlement Commission to be judicial proceedings. 127MA. [Omitted.] 127N. Applications of certain provisions of Central Excise Act. CHAPTER XV APPEALS 108 128. Appeals to Commissioner (Appeals). 128A. Procedure in appeal. 129. Appellate Tribunal. 129A. Appeals to the Appellate Tribunal. 129B. Orders of Appellate Tribunal. 129C. Procedure of Appellate Tribunal. CU IDOL SELF LEARNING MATERIAL (SLM)

129D. Powers of Committee of Principal Chief Commissioner of Customs or Chief Commissioner of Customs or Principal Commissioner of Customs or Commissioner of Customs to pass certain orders. 129DA. Powers of revision of Board or Collector of Customs in certain cases. 129DD. Revision by Central Government. 129E. Deposit of certain percentage of duty demanded or penalty imposed before filing appeal. 129EE. Interest on delayed refund of amount deposited under section 129E. 130. Appeal to High Court. 130A. Application to High Court. 130B. Power of High Court or Supreme Court to require statement to be amended. 130C. Case before High Court to be heard by not less than two judges. SECTIONS 130D. Decision of High Court or Supreme Court on the case stated. 130E. Appeal to Supreme Court. 130F. Hearing before Supreme Court. 131. Sums due to be paid notwithstanding reference, etc. 131A. Exclusion of time taken for copy. 131B. Transfer of certain pending proceedings and transitional provisions. 131BA. Appeal not to be filed in certain cases. 131C. Definitions. CHAPTER XVI OFFENCES AND PROSECUTIONS 132. False declaration, false documents, etc. 133. Obstruction of officer of customs. 134. Refusal to be X-rayed. 135. Evasion of duty or prohibitions. 135A. Preparation. 135B. Power of court to publish name, place of business, etc., of persons convicted under the Act. 136. Offences by officers of customs. 109 CU IDOL SELF LEARNING MATERIAL (SLM)

137. Cognizance of offences. 138. Offences to be tried summarily. 138A. Presumption of culpable mental state. 138B. Relevancy of statements under certain circumstances. 138C. Admissibility of micro films, facsimile copies of documents and computer print outs as documents and as evidence. 139. Presumption as to documents in certain cases. 140. Offences by companies. 140A. Application of section 562 of the Code of Criminal Procedure, 1898, and of the Probation of Offenders Act, 1958. CHAPTER XVII MISCELLANEOUS 141. Conveyances and goods in a customs area subject to control of officers of customs. 142. Recovery of sums due to Government. 142A. Liability under Act to be first charge. 143. Power to allow import or export on execution of bonds in certain cases. 143A. [Omitted.] 143AA. Power to simplify or provide different procedure, etc., to facilitate trade. 144. Power to take samples. 145. Owner, etc., to perform operations incidental to compliance with customs law. 146. Licence for Customs brokers. 146A. Appearance by authorised representative. 147. Liability of principal and agent. 148. Liability of agent appointed by the person in charge of a conveyance. 149. Amendment of documents SECTIONS 150. Procedure for sale of goods and application of sale proceeds. 151. Certain officers required to assist officers of customs. 151A. Instructions to officers of customs. 151B. Reciprocal arrangement for exchange of information facilitating trade. 152. Delegation of powers. 110 CU IDOL SELF LEARNING MATERIAL (SLM)

153. Modes for service of notice, order, etc. 154. Correction of clerical errors, etc. 154A. Rounding off of duty, etc. 154B. Publication of information respecting persons in certain cases. 155. Protection of action taken under the Act. 156. General power to make rules. 157. General power to make regulations. 158. Provisions with respect to rules and regulations. 159. Rules, certain notifications and orders to be laid before Parliament. 159A. Effect of amendments, etc., of rules, regulations, notifications or orders. 160. Repeal and savings. 161. Removal of difficulties. 5.2 TRAVEL BAGGAGE RULES 111 CU IDOL SELF LEARNING MATERIAL (SLM)

The belongings that a person carries on his or her journey are referred to as baggage. When travelling by aircraft, a person can only take a certain amount of luggage. There may be minor variances in the amount of things that can be checked in across practically all airlines and countries. On their travel, they can follow the same criteria regarding bag weight. The tourist must obtain clearance from the customs officer, which must be done with a declaration and the completion of the prescribed form. Those that are brought into India and items that are taken out of India fall under the purview of Exchange Management in India. Customs duties must be applied at a certain rate on these items. The baggage rules may differ depending on the length of the person's stay, their age, or their country of origin. Every traveller receives a duty-free allowance, which allows them to carry any item they choose without paying duty. However, if the value of the articles exceeds the duty-free quota, the person must pay the difference in customs duty. Personal items are exempt from paying any duty duties. The items that are not permitted to carry include the following: ➢➢ As far as gold and silver jewels in excess of permitted limit is concerned; the maximum limit for females is Rs.20, 000 and Rs.10, 000 for males. ➢➢ Indian currency exceeding the amount of Rs.1000. 112 CU IDOL SELF LEARNING MATERIAL (SLM)

113 CU IDOL SELF LEARNING MATERIAL (SLM)

➢➢ Harmful drugs such as coca leaf, cocaine, hemp, charas, opium, morphine, etc., and also their mixtures or derivatives. ➢➢ Vulgar material that includes obscene magazines, books, pamphlets, drawing, painting, representation, figure, or any such item. ➢➢ Some other restricted items include plants, parts of plants, soil seeds, fruits, dry fruits, vegetables, flowers, coffee seeds, coffee beans, cottons and un-manufactured tobacco. ➢➢ Pet animals and birds are allowed, but in limited numbers only. 114 CU IDOL SELF LEARNING MATERIAL (SLM)

➢➢ Fire armaments Airlines have varied requirements, and rules are subject to change at any time. The passenger must ensure that the handbag they are carrying is not large or overweight for the flight. Most airlines have now decreased the amount of weight and size of luggage that can be carried for free. Almost all airlines allow overweight or oversized baggage, but the passenger must pay an additional fee for the excess weight. Baggage is processed at India's initial airport of entry. Transit travellers' luggage with a destination outside of India is excluded. 5.3 CHECK-IN BAGGAGE 115 CU IDOL SELF LEARNING MATERIAL (SLM)

The cost of an airline ticket may include not only the passenger's transportation but also their personal belongings. The fare paid reflects the type of seat and service provided, as well as the amount of luggage allowed. The Free Baggage Allowance is what it's called. This baggage allowance includes both checked and cabin baggage. Each airline sets its own luggage allowances and fees, whereas IATA sets the rules for how interline fees are calculated. The baggage allowance varies by airline, route, class, fare, and other factors. 5.4 CHECKED BAGGAGE 116 CU IDOL SELF LEARNING MATERIAL (SLM)

Checked baggage may be defined in one of these ways:The Weight Concept specifies the quantity of baggage that a passenger's ticket entitles them to in kilos. In the international sector, for example, an economy class traveller is entitled to 20 kilos of baggage and a business class passenger to 30 kilos. On flights within, to, and from Canada and the United States, the piece idea is commonly used. The Piece Concept establishes the number of bags that a traveller is entitled to based on the ticket's allowable restrictions. In general, each traveller is allowed two pieces of checked baggage, each weighing no more than 23 kilos (50 lb) and measuring no more than 158 cm (62 in) when the dimensions are added: height + breadth + length. 5.5 CABIN BAGGAGE Carry-on luggage must fit into the aero plane cabin, which restricts the size, weight, and shape of luggage to fit under a passenger seat or in a storage compartment. The length of cabin luggage should not exceed 22 inches (56 cm), the breadth should not exceed 18 inches (45 cm), and the depth should not exceed 10 inches (25 cm). Wheels, handles, side pockets, and other features are included in these measurements. Carry-on items must be kept with the traveller at all times and is the passenger's responsibility. 117 CU IDOL SELF LEARNING MATERIAL (SLM)

5.6 DANGEROUS GOODS AND BAGGAGE For safety reasons, all types of knives, sharp objects or cutting implements of any kind and of any length, whether of metal or other material, and some sporting goods must be packed in checked baggage. They cannot be carried in the cabin baggage or with self. What are Dangerous Goods? 118 CU IDOL SELF LEARNING MATERIAL (SLM)

The concept rarely occurs to us, but many of the items we use on a daily basis are hazardous to aircraft. Lithium batteries, dry ice, and aerosol whipped cream, for example, are hazardous materials. These goods may appear to be harmless, yet they can be extremely harmful when delivered by air. If these products are not handled properly, vibrations, static electricity, temperature, and pressure fluctuations can cause them to leak, emit hazardous fumes, start a fire, or even explode. Any item or material capable of creating an unjustifiable risk to health, safety, or property when transported in commerce is referred to as a dangerous good (also known as hazardous material or hazmat). The first step in reducing the hazards caused by dangerous items is to identify them. This is followed by adequate packaging, communication, handling, and stowage. 119 CU IDOL SELF LEARNING MATERIAL (SLM)

The Department of Transportation has a classification system for dangerous commodities that is based on the chemical and physical qualities of the product. Obtaining a Safety Data Sheet (SDS) from the manufacturer and checking the \"Transportation Information\" section is an excellent place to start when assessing whether your product is potentially hazardous. This can give you a lot of information about the hazards of transporting your items. Dangerous Goods Hazard Classes Dangerous goods are classified by the Department of Transportation into nine hazard classifications, each of which describes a particular form of risk. For example, flammable liquids are classified as Class 3 while corrosive materials are classified as Class 8. For each hazard class, learn more about commonly delivered risky commodities (PDF). The Hazardous Materials Table of the Department of Transportation gives extra information on certain harmful commodities. Class 1 Explosives Class 2 Gases 120 CU IDOL SELF LEARNING MATERIAL (SLM)

Class 3, Flammable Liquids Class 4, Flammable Solid, Spontaneously Combustible, and Dangerous When Wet Class 5, Oxidizer, Organic Peroxide 121 CU IDOL SELF LEARNING MATERIAL (SLM)

Class 6, Poison (Toxic), Poison Inhalation Hazard, Infectious Substance Class 7, Radioactive Material Class 8, Corrosives Class 9 Miscellaneous Hazardous Materials and Lithium Batteries 122 CU IDOL SELF LEARNING MATERIAL (SLM)

5.7 CURRENCY The inbound as well as outbound tourist is subject to the following economic regulations: 123 CU IDOL SELF LEARNING MATERIAL (SLM)

Tourists are not permitted to carry or take Indian cash into or out of the country. The quantity of foreign currency or travelers’ checks that can be taken into India, however, is unrestricted. Visitors should declare any foreign currency worth more than $1,000 when they arrive. They are only allowed to exchange money at banks and authorised dealers. They are given an exchange certificate with each currency exchange, which should be kept in order to re-convert unused rupees when they leave the country. It's also proof that they used legal ways to swap money. The foreign tourist must not exchange currency in black-market. Foreigners are not allowed to leave India with any local currency. For their convenience, banks at international airports are open 24 hours daily to convert unused rupees. (b) Income Tax: An Income Tax Clearance Certificate is necessary to depart India if a person who is not a resident of India wishes to stay for longer than 120 days. This document will show that the person's stay in India was paid for with his own money, rather than through job or the sale of his belongings. These certificates are issued by the overseas divisions of the Income Tax Department in Delhi, Kolkata, Chennai, and Mumbai, based on the person's passport, visa, and currency exchange receipts. (c) Foreign Travel Tax: For international travel from Indian airports Rs. 150 must be paid for travel to neighboring countries and Rs. 300 for travel to all other countries. 5.8 ADDITIONAL INFORMATION ON REGULATIONS Firearms: It is advisable to obtain a possession licence in advance. A Tourist Baggage Re- Export Form (TBRE) is issued upon arrival to tourists for re-exportation of their expensive items duty free. Replica Guns: It requires a Permit for Import. Radio Controlled Helicopters: Only those operating at 27 MHz are permitted. Seeds and Plants: The import of seeds and plants for the purpose of sowing, planting and propagation, consumption, research and breeding requires an import permit Livestock and 124 CU IDOL SELF LEARNING MATERIAL (SLM)

Livestock Products: The import of these, by any means including cargo or baggage is restricted and requires a sanitary import permit as well as a No Objection Certificate (NOC). Pets up to two per passenger are allowed as baggage only for persons transferring their residence to India after a two-year continuous stay abroad, subject to the production of a required health certificate from the country of origin and examination of the said pets by an 125 CU IDOL SELF LEARNING MATERIAL (SLM)

animal quarantine officer without an import licence issued by the DGFT, under the Baggage Rules, 1998. 5.9CONCLUSION Customs law is designed to regulate the flow of commodities, transportation, and personal effects into (Import) and out of (Export) a country. Every country has its own import and export laws and regulations, which are implemented by its customs department. Import and export control is accomplished by the imposition of customs duties. The Customs Act of 1962 and the Customs Tariff Act of 1975 govern customs duty in India. Obtaining an Import and Export Code is a basic need for doing business in the import and export industry (IEC). However, if you import or export any products for personal use that are unrelated to trade, manufacture, or agriculture, the same is not necessary. Importers and exporters do not need to be involved in the process directly. Some custom brokers or agencies are licenced to conduct import and export business, and they will handle the entire process of clearing the goods with the customs authority by following the regulations and paying the applicable duties. The list of approved customs agents can be accessed on the customs department's website. Under the Indian Trade Classification system, the Customs administration has divided the commodities into distinct categories for the purposes of import and export. 5.10SUMMARY  Baggage refers to the items that a person transports on his or her journey. When travelling by aircraft, a person can only take a certain amount of luggage. Although practically all airlines from all countries check in the same quantity of things, there may be minor variances.  The traveller must ensure that the handbag they are carrying is not large or overweight for the flight. Most airlines have now decreased the amount of weight and size of luggage that can be carried for free.  The price of an airline ticket may include not just transportation but also the passenger's personal goods. The cost of a ticket is determined by the type of seat and service given, as well as the amount of luggage that may be carried.  The Weight Concept specifies the quantity of baggage that a passenger's ticket entitles them to in kilos. In the international sector, for example, an economy class traveller is entitled to 20 kilos of baggage and a business class passenger to 30 kilos. 126 CU IDOL SELF LEARNING MATERIAL (SLM)

 Carry-on luggage must fit in the aeroplane cabin, which restricts the size, weight, and shape of luggage to fit under a passenger seat or in a storage compartment. Cabin luggage should have a maximum length of 22 inches (56 cm) and a maximum width of 18 inches (45 cm).  All sorts of blades, sharp items, or cutting devices of any kind and length, whether made of metal or another material, as well as some sporting equipment, must be placed in checked baggage for safety reasons. They are not permitted to be carried in cabin luggage or on one's person. 5.11 KEYWORD • Baggage- Personal property of passengers or crew carried on an aircraft by agreement with the operator. (ICAO Annex 9). See also – ‘unaccompanied baggage’ and ‘personal effects’ • Cargo - Freight loaded into a vessel/aircraft. • Customs - The Government Service which is responsible for the administration of Customs law and the collection of duties and taxes and which also has the responsibility for the application of other laws and regulations relating to the importation, exportation, movement or storage of goods. (Kyoto Convention) • Customs duties - The duties laid down in the Customs tariff to which goods are liable on entering or leaving the Customs territory. (Kyoto Convention). • Customs law - The statutory and regulatory provisions relating to the importation, exportation, movement or storage of goods, the administration and enforcement of which are specifically charged to the Customs, and any regulations made by the Customs under their statutory powers. (Kyoto Convention)Suraksha – • Export duties and taxes - Customs duties, as well as any other tariffs, taxes, or charges imposed on or in connection with the exportation of products, excluding those charges limited to the approximate cost of services given or collected by Customs on behalf of another national body. Customs duties and all other duties, taxes, fees, or other charges levied on or in connection with the exportation of products, excluding fees and charges limited to the approximate cost of services supplied (Kyoto Convention). (WCO) 127 CU IDOL SELF LEARNING MATERIAL (SLM)

• Export entry - a declaration used by the government to collect trade data and to ensure compliance with legislation. In some countries also used to collect export duties/taxes. • Free trade area -Entity established by the Customs territories of an association of States, with the following features in its final state: - Elimination of Customs duties on products originating in any of the area's countries, - Each State retains its Customs tariff and Customs legislation; - Each State in the region retains its autonomy in terms of Customs and economic policy; - Trade is based on the application of rules of origin, which take into consideration the various Customs tariffs and prevent trade deflection; - Within the free trade area, the abolition of restrictive trade rules. (WCO) • IATA International Air Transport Association. IATA’s stated mission is to represent, lead and serve the airline industry. Airline rules and regulations are defined by IATA. The main aim of IATA is to provide safe and secure transportation to its passenger’s Other activities include the worldwide accreditation of travel agents and the regulation of the shipping of dangerous goods. 5.12 LEARNING ACTIVITY 1.Learn about Special Economic zones ___________________________________________________________________________ ___________________________________________________________________________ 2.Discuss on Import export of dangerous goods? ___________________________________________________________________________ ___________________________________________________________________________ 5.13UNIT END QUESTIONS A. Descriptive Questions Short Questions 1. What are customs rules? 2. What is a Baggage? 3. What is a check-in baggage? 4. What is a checked baggage? 5. What is a cabin baggage? Long Questions 128 CU IDOL SELF LEARNING MATERIAL (SLM)

1. Describe the customs regulations? 2. What are the items which are not permitted to carry during an international travel? 3. Discuss cabin baggage? 4. Explain the Dangerous goods? 5. Discuss the dangerous goods Hazard classes? B. Multiple Choice Questions 1. A personal belongings which a passenger carries on his journey- a. Baggage b. Water bottle c. Shoes d. Dresses. 2. Baggage rules vary based on the ________ a. Country b. Origin of a person c. Name of a person d. Destination 3. Indian currency exceeding_______should not be carried on the journey a. Rs.10000 b. Rs.10,000 c. Rs.20,000 d. Rs.5000 4. Baggage of ________passenger with a destination outside India is exempted. a. Student b. Transit c. Journalist d. Research 5. The weight of the baggage allowed depends on 129 a. Country of booking b. Class of booking CU IDOL SELF LEARNING MATERIAL (SLM)

c. Country of destination d. Country of origin Answers 1-a, 2-a, 3-b, 4-b, 5-b 5.14REFERENCES Reference books • Bezbarua M.P, Indian Tourism Beyond The Millenium • Burkart&Medlik, Tourism; Past, Present and Future. • Gee, Chuck Y, James C. Makens , Dexter J. L. & Choy, The Travel Industry • Murphy, Peter H, Tourism: A Community Approach Textbooks • Bhatia A.K., Basics of Tourism Management, Sterling Publishers Pvt Delhi, 2010 • Bhatia A.K., The Business of Tourism: Concepts and Strategies, Sterling Publishers Pvt Delhi, 2010 • Inskeep Edward, Tourism Planning: An Integrated and Sustainable Development, John Wiley & Sons Inc Publications, New York. • Kumar MisraSuddhendu Narayan and SadualSapan, Basics of Tourism Management, Excel Books. • Nath Dhar Prem, Development of Tourism and Travel Industry: An Indian Perspective, Kanishka Publications, New Delhi. • Prasad VV Vara, Travel & Tourism Management, Sundari VBT Publications. • Sinha R.K., Tourism Strategies, Planning and Development, Common Wealth Publishers • Peter Tarlow, Tourism Security: Strategies for Effective Managing Travel Risk and Safety. Websites • https://www.iatatravelcentre.com/international-travel-document- news/1580226297.htm • https://www.iatatravelcentre.com/ 130 CU IDOL SELF LEARNING MATERIAL (SLM)

• https://www.united.com/ual/en/us/fly/travel/documentation- requirements/international.html • https://travel.state.gov/content/travel/en/international-travel/before-you- go/travelers-checklist.html 131 CU IDOL SELF LEARNING MATERIAL (SLM)

UNIT - 6: PROHIBITED AND RESTRICTED ARTICLES STRUCTURE 6.0. Learning Objectives 6.1. Introduction 6.2. Items prohibited for import into India 6.3. Prohibited Goods 6.4. Penal Provisions 6.5. Prohibited and Restricted Articles 6.6. Import/Export Restrictions under Customs Law 6.7. Summary 6.8. Keywords 6.9. Learning Activity 6.10. Unit End Questions 6.11. References 6.0LEARNING OBJECTIVES After studying this unit, you will be able to:  Explain Prohibited and Restricted Goods.  Identify Items for prohibited for import into India  State the need for customs and regulations  Discuss on Penal Provisions of restricted goods. 6.1INTRODUCTION 132 CU IDOL SELF LEARNING MATERIAL (SLM)

Figure- 6.1 Customs Duty Certain goods are prohibited (banned) or restricted (subject to certain conditions) for import and/or export. These are goods of social, health, environment, wildlife and security concerns. Every year, a variety of products from other countries make their way into India. We import billions of things as a country through various modes of transportation such as air, train, and waterways. The Directorate General of Foreign Trade oversees all of India's import-export activities. When it comes to importing and exporting, the DGFT's Importer Exporter Code (IEC) is utilised to officially authorize the acquisition or sale. Here's a list of everything the DGFT says you can't bring into India. The DGFT keeps track of all products that could be imported into India. There is a category of things on this list that may not be brought into our country under any circumstances. Failure to follow the rules outlined in this list can result in serious consequences. The items on these lists must be known by any seller or manufacturer who imports or exports goods to or from India. 133 CU IDOL SELF LEARNING MATERIAL (SLM)

Figure- 6.2 Directorate General of Foreign Trade 6.2 ITEMS PROHIBITED FOR IMPORT INTO INDIA The items mentioned below have been sourced from a prohibited articles list as seen on Schedule 1 of the ITC(HS) Classifications of Items. However, sellers and manufacturers are cautioned to cross-check the list before finalizing the import of any article to ensure that it is not present on the list. Restricted domestic animals: 134 CU IDOL SELF LEARNING MATERIAL (SLM)

Figure- 6.3 Export/Import of Live Animals  0101 10 10- Horses  0101 10 20- Asses  0101 90 10- Polo Horses  0101 90 20- Mules and hinnies livestock  0102 10 10- Adult Bulls  0102 10 20- Adult Cows  0102 10 30- Adult Buffaloes and calves  0103 10 00- Purebred breeding animals  0104 10 10- Sheep or lamb for breeding  0104 20 00- Goats  0105 11 00- Any member of the species Gallus domesticus except grandparent poultry  0105 12 00 -Turkeys except for Grandparent stock Restricted wild animals: 1. 0106 11 00- Primates As per Wildlife (Protection) Act, 1972 2. 0106 12 00- Whales, dolphins, manatees and dugongs as per Wildlife (Protection) Act, 1972 3. 0106 20 00- Reptiles as per Import Licensing Note No. 6 in the Wildlife (Protection) Act, 1972 4. 0106 31 00- Birds of prey 5. 0106 32 00- Psittaciformes as per Import Licensing Note No. 6 in the Wild Life (Protection) Act, 1972 6. 0106 90 10- Bees and other insects 7. 0201 10 00/0202 10 00- Chilled or frozen Carcasses and half-carcasses 8. 0201 20 00/0202 20 00- Chilled or frozen bone 9. 0201 30 00/0202 30 00- Chilled or Frozen Boneless 10. 0206 21 00- Tongues 11. 0206 22 00- Livers 12. 0206 30 00- Edible affal 13. 0210 20 00- Meat of bovine animals 14. 0301 10 00- Ornamental Fish 15. 0301 91 00- Trout 135 CU IDOL SELF LEARNING MATERIAL (SLM)

16. 0301 92 00- Eels 17. 0301 93 00-Carp 18. 0301 94 00- Bluefin tunas 19. 0301 95 00- Southern bluefin tunas 20. 0407 00 10- Eggs of gallus domesticus 21. 0410 00 20- Turtle eggs and salanganes’ nests 22. 0511 10 00- Bovine semen Restricted plants: Figure- 6.4 Export/Import of Live Plants  0601 20 90- Chicory plants and roots as per Plants, Quarantine (Regulation of Imports into India) Order, 2003.  0602 20 20- Cactus as per Convention on International Trade in Endangered Species of Wild Fauna & Flora  0701 10 00-Potatoes Restricted seeds: 136 CU IDOL SELF LEARNING MATERIAL (SLM)

Figure- 6.5 Export/Import of Seeds 1. 0909 10 11- Anise As per Licensing note (2) in Policy on Seed Development, 1988 and as per Plants, Fruits and Seeds (Regulation of import into India) Order, 1989. 2. 0909 10 21- Badian 3. 0909 20 10- Coriander 4. 0909 30 11- Black Cumin 5. 0909 30 21- Other Cumin 6. 0909 40 10- Caraway 7. 0909 50 11- Fennel 8. 0909 50 21- Juniper Berries 9. 1001 90 31-Meslin 10. 1002 00 10- Rye 11. 1003 00 10- Barley 12. 1004 00 10- Oats 13. 1005 10 00- Maize 14. 1006 10 10- Rice 15. 1007 00 10- Sorghum 16. 1008 10 10- Buckwheat 17. 1008 20 11- Jawar 137 CU IDOL SELF LEARNING MATERIAL (SLM)

18. 1008 20 21- Bajra 19. 1008 20 31- Ragi 20. 1008 30 10- Canary 21. 1201 00 10- Soyabeans 22. 1202 10 91- Groundnut 23. 1204 00 10- Linseed 24. 1207 20 10- Cotton 25. 1207 40 10- Sesamum 26. 1207 50 10- Mustard 27. 1209 10 00- Sugar beet 28. 1209 91 40- Seeds of fruits except for Pomegranate Others: Figure- 6.6 Export/Import Prohibited (Ginger) 138  Ginger  Poppy  Durum Wheat  Flour  Roots and tubers of dried leguminous vegetables CU IDOL SELF LEARNING MATERIAL (SLM)

Figure- 6.7 Export/Import Prohibited (Coca-Leaf)  Coca leaf  Poppy  Jojoba  Serpentina Roots  Agarwood  Opium Restricted Restricted materials: 1. 2514 00 00- Slate as per Policy Circular No.12,13,20,25,28,65 and 67 2. 2515 11 00- Marble and travertine Blocks, slabs or otherwise 3. 2515 20 90- Ecaussine and other calcareous stone 4. 2516 20 00- Sandstone 5. 2516 90 10- Pakur stone Restricted hazardous substances: 139 CU IDOL SELF LEARNING MATERIAL (SLM)

Figure- 6.7 ROHS  2524 90 14- Amosite as per Convention on the PIC procedure for hazardous chemicals and pesticides.  2612 10 00-Uranium ores and concentrates as per Atomic Energy Act, 1962  2612 20 00- Thorium ores and concentrates  2615 90 20- Niobium tantalum ores and concentrates  2844 30 21- Thorium oxide  2844 30 22- Thorium hydroxide  2844 30 23- Thorium nitrate  2844 50 00- Spent fuel elements and cartridges for nuclear reactors  2845 10 00- Heavy water (deuterium oxide) Restricted pollutants: 1. 2903 14 00- Carbon tetrachloride as per “Montreal Protocol on Substances that Deplete Ozone Layer”. 2. 2903 19 20- Trichloroethane 3. 2903 41 00- Trichlorofluoro methane 140 CU IDOL SELF LEARNING MATERIAL (SLM)

4. 2903 42 00- Dichlorodifluoro methane 5. 2903 43 00- Trichlorotrifluoroethanes 6. 2903 44 10- 1,2 Dichlorotetra-fluoroethane 7. 2903 44 20- Chloropentafluoroethane, Chlorotrifluoro-methane, Pentachloro fluoroethane and the rest Tetrachlorodi-fluoroethaneHeptachlorodi-fluoropropane,Hexachlorodi-fluoropropane, Pentachlorotri-fluoropropane, Tetrachlorotetra-fluoropropane, Trichloropenta-fluoropropane, Dichlorohexa-fluoropropane, Chlorohepta-fluoropropane, Heptachlorodi-fluoropropane, Hexachlorodi-fluoropropane, Pentachlorotri-fluoropropane,Tetrachlorotetra-fluoropropane, Trichloropenta-fluoropropane, Dichlorohexa-fluoropropane, Chlorohepta-fluoropropane, Bromochlorodifluoro-Methane, Bromotrifluoro-methane, Dibromotetra-fluoroethanes, perhalogenated derivatives, Halogenated derivatives of methane, ethane or propane Restricted chemicals: Figure- 6.8 Export/ Import of Chemicals DDT-Technical 75 Wdp, Ethchlorvynol (INN, Acetic anhydride, Amfetamine (INN),benzfetamine- Dexamfetamine , Dextropropoxyphene(INN) and its salts , Fenproporex (INN) and its salts , Levorphanol (INN) and its salts, Allobarbital (INN), amobarbital (INN), barbital (INN), butalbital (INN), butobarbital (INN), cyclobarbital (INN), methylphenobarbital (INN), pentobarbital (INN), secbutabarbital (INN), secobarbital (INN), and vinylbital (INN), Ephedrine alkaloids, Poly Chlorinated Biphenyls, Gun powder Industrial explosives, Detonating fuses , Fireworks, Restricted miscellaneous: 141 CU IDOL SELF LEARNING MATERIAL (SLM)

 4403 99 22- Sandalwood as per Policy Circular No. 1 (RE-06) / 2004-09 dated 7.4.2006  4801 00 10- Newsprint, in rolls or sheets  4802 55 50- Bank, bond and cheque paper, paper for security printing, currency paper, stamp paper  4802 55 60- Currency note paper  4907 00 20- Banknotes  6309 00 00- Worn clothing and rags Restricted waste and scrap: Figure- 6.9 Export/ Import of Waste and Scrap 142 1. 7503 00 90 Nickel 2. 7802 00 90 Lead 3. 7902 00 90 Zinc 4. 8002 00 90 Tin 5. 8101 97 00 Tungsten 6. 8102 97 00 Molybdenum 7. 8103 30 00 Tantalum 8. 8104 20 90 Magnesium 9. 8105 30 00 Cobalt 10. 8106 00 20 Bismuth and bismuth alloys CU IDOL SELF LEARNING MATERIAL (SLM)

11. 8107 30 00 Cadmium 12. 8108 30 00 Titanium 13. 8109 30 00 Zirconium 14. 8110 20 00 Antimony 15. 8112 13 00 Beryllium 16. 8112 22 00 Chromium 17. 8112 52 00 Thallium 18. 8401 40 00 Parts of Nuclear reactors 19. 8525 50 40 Communication jamming equipment 20. 8526 10 00 Radar apparatus 21. 8801 00 20 Balloons Restricted goods Helicopters, Aero planes, Spacecraft (including satellites), Warships, Self-propelled Artillery weapons, Rocket launchers; flame throwers; grenade launchers; torpedo tubes, revolvers or pistols and cartridges. Restricted luxury items: Worked tortoise-shell, mother of pearl, bone (excluding whalebone), horn, coral and other animal carving materials, Stuffed animals and birds (taxidermy), ivory, unrendered fats, sperm oil, exotic oils. 6.3 PROHIBITED GOODS Figure- 6.9 Export/ Import of Narcotic Drugs 143 Narcotic Drugs and Psychotropic substances. CU IDOL SELF LEARNING MATERIAL (SLM)

- Pornographic material. - Counterfeit and pirated goods and good infringing any of the legally enforceable intellectual property rights. - Antiquities. Figure- 6.10 Export/ Import of Firearms 144 - Firearms and ammunition. - Live birds and animals including pets. - Plants and their produce e.g. fruits, seeds. CU IDOL SELF LEARNING MATERIAL (SLM)

- Endangered species of plants and animals, whether live or dead. Figure- 6.11 Export/ Import of Live Animals for commercial Use Any items intended for commercial use: profit, gain, or profit. - Radio transmitters that are not suitable for everyday use. - Other than jewellery, gold and silver (For import only) Exceeding specified limits in Indian and foreign currency: - Foreign currency in excess of US$5,000 in currency notes or equal US$10,000 in currency notes, bank notes, or ravelers cheques must be declared at the airport. - foreign cash in excess of the amount legally obtained, or in the case of tourists, in excess of the amount declared on arrival or the exempted declaration limit at the time of departure. 6.4 PENAL PROVISIONS Please be aware that non-declaration, misdeclaration, and concealment of imported commodities are all criminal offences that can result in confiscation, fines, penalties, and possibly prosecution under the Customs Act.” Passengers who: - attempt to go through the Green Channel with forbidden, restricted, or dutiable products; - misdeclare their commodities at the Red Channel face severe penalties under the Customs Act of 1962. - attempt to export prohibited or restricted goods. - abet the commission of any of the above offences. 145 CU IDOL SELF LEARNING MATERIAL (SLM)

The penal provisions may lead to: - absolute confiscation of goods; - imposition of heavy fine in respect of the concerned goods if these are released; - imposition of penalty on individual or concerned entities; - arrest and prosecution including invocation of preventive detention in serious cases. 6.5 PROHIBITED AND RESTRICTED ARTICLES 1. Ivory, musk, reptile skins, furs, shahtoosh, and other products made from wild flora and fauna, such as ivory, musk, reptile skins, furs, and shahtoosh, are prohibited for export. 2. It is illegal to traffic narcotic narcotics and psychotropic substances. 3. Except for restricted commodities, export of goods purchased with foreign currency brought in by foreign travellers is permitted. 4. It is illegal to bring Indian currency notes in the denominations of Rs. 500 and Rs. 1,000 into Nepal. 5. It is definitely banned to export Indian currency. Residents of India, on the other hand, are allowed to take Indian cash worth up to Rs. 25,000/- with them when they travel abroad. 6. Tourists while leaving India are allowed to take with them foreign currency not exceeding an amount brought in by them at the time of their arrival in India. As no declaration is required to be made for bringing in foreign exchange / currency not exceeding equivalent of U.S. $ 10,000, generally tourists can take out of India with them at the time of their departure foreign exchange/ currency not exceeding the above amount. 7. Indian residents going abroad are permitted to take with them foreign currency without any limit so long as the same has been purchased from an authorized foreign exchange dealer. 6.6 IMPORT / EXPORT RESTRICTIONS / PROHIBITIONS UNDER CUSTOMS LAW Any goods that are imported or attempted to be imported, and exported or attempted to be exported, in violation of any prohibition imposed by or under the Customs Act or any other law for the time being in force, are subject to confiscation under sub-sections (d) of section 111 and (d) of section 113. Improper importation is punishable under Section 112 of the Customs Act, while attempting to export goods improperly is punishable under Section 114. The Adjudicating Officer has the authority to impose a penalty of up to five times the value of the prohibited goods. As a result, it is critical for the trade to understand what bans or restrictions exist. 146 CU IDOL SELF LEARNING MATERIAL (SLM)

The terms \"Prohibited Goods\" have been defined in sub-section 33 of Section 2 of the Customs Act as meaning \"any goods the import or export of which is subject to any prohibition under the Customs Act or any other law for the time being in force\" The Central Government has the authority to issue Notifications under section 11 of the Customs Act, declaring the export or import of any items as forbidden. The prohibition can be unconditional or conditional. A notification under section 11 can be issued for a variety of reasons, including maintaining India's security, preventing and alleviating shortages of goods in the country, conserving foreign exchange, and ensuring the balance of payments, among others. The Central Government has issued numerous notifications prohibiting the importation of sensitive commodities such as coinage, obscene publications, printed waste paper comprising pages from any holy book, armoured guard, false stamps, explosives, narcotic substances, and so on. Under Export and Import Policy, laid down by the DGFT, in the Ministry of Commerce, certain goods are placed under restricted categories for import and export. Under section 3 147 CU IDOL SELF LEARNING MATERIAL (SLM)

and 5 of the Foreign Trade (Development and Regulation) Act, 1992, the Central Government can make provisions for prohibiting, restricting or otherwise regulating the import of export of the goods. As for example, import of second hand goods and second hand capital goods is restricted. Some commodities are completely barred from import and export, while others can be imported or exported with a permit. For example, the export of human skeletons is strictly prohibited, yet the export of livestock is permitted with the purchase of an export licence. Another example is Notification No.44 (RE-2000) 1997, dated 24.11.2000, which states that all packaged products subject to the provisions of the Standards of Weights and Measures (Packaged Commodities) Rules, 1997, when produced/packed/sold in the domestic market, must comply with all of the said Rules when imported into India.All packed goods imported into India must bear the importer's name and address, the net quantity in standard unit of weights and measures, the month and year of packing, and the maximum retail sale price, including any local or other taxes. If any of the standards are not met, the import of packaged products will be considered forbidden, and the commodities would be confiscated. Another restriction imposed by the Ministry of Commerce's aforementioned Notification is that a large number of products, currently numbering 133, must comply with mandatory Indian Quality Standards (IQS), and exporters of these products to India must register with the Bureau of Indian Standards for this purpose (BIS). Importation of such products will be forbidden if the aforesaid condition is not met. Other regulations, such as the Environment Protection Act, the Wild Life Act, the Indian Trade and Merchandise Marks Act, and the Arms Act, may restrict or prohibit the import and 148 CU IDOL SELF LEARNING MATERIAL (SLM)

export of certain commodities. Prohibition under those statutes will also apply to the Customs Act's penal provisions, making such products subject to confiscation under sections 111(d) (for import) and 113(d) (for export) (for export). Under section 135 of the Customs Act, any importer or exporter who is knowingly involved in any fraudulent evasion or attempted evasion of any prohibition under the Customs Act or any other law in force in respect of any import or export of goods faces a maximum sentence of three years in prison (seven years in the case of notified goods). Under the terms of section 104 of the Customs Act, any individual who is reasonably considered to be guilty of an offence punishable under section 135 may be arrested. With the foregoing punitive measures in the Customs Act dealing with any purposeful evasion of prohibition/restriction of import or export of specific products, it is recommended that the Trade be well-versed in the provisions of the EXIM Policy, the Customs Act, and other associated Acts. They must ensure that they are informed of any prohibitions, restrictions, and regulations that apply before making any imports or planning any exports. alone goods can be imported/exported, so that they do not get penalized, and goods do not get involved in confiscation etc. proceedings at the hands of Customs authorities. 149 CU IDOL SELF LEARNING MATERIAL (SLM)

6.7SUMMARY  Import and/or export of certain commodities is prohibited (banned) or limited (subject to particular limitations). These are goods that concern social, health, the environment, wildlife, and security.  Ivory, musk, reptile skins, furs, shahtoosh, and other products made from wild flora and fauna, such as ivory, musk, reptile skins, furs, and shahtoosh, are prohibited for export.  Tourists are allowed to take foreign currency with them when they leave India, but only up to the amount they brought in when they arrived.  Tourists can generally take out of India with them at the time of their departure because no declaration is necessary for taking in foreign exchange / currency not exceeding the equivalent of US $ 10,000. 6.8 KEYWORD  Prohibited items—These are goods whose importation and exportation have been fully prohibited for reasons related to health, the environment, the protection of endangered species of flora and fauna, security, legislation, and so on. Customs may seize these items and impose a penalty on the person who brought them in.  Restricted goods- Restricted goods require specific licences or permissions from a federal agency before they can be imported into the United States. Firearms, some fruits and vegetables, animal products, animal by-products, and some animals are all examples of banned things.  Trafficking- The act of recruiting, transporting, transferring, harbouring or receiving a person; By means of e.g. coercion, deception or abuse of vulnerability;  Import- A product or service purchased in one country but manufactured in another is referred to as an import. International trade is made up of imports and exports. A negative trade balance, also known as a trade deficit, occurs when the value of a country's imports exceeds the value of its exports.  Export- In international trade, an export is a good produced in one country and sold in another, or a service given in one country for a national or resident of another. An exporter is a seller of such goods or a service provider, while an importer is a foreign buyer. 150 CU IDOL SELF LEARNING MATERIAL (SLM)


Like this book? You can publish your book online for free in a few minutes!
Create your own flipbook