JNCH- Procedures to issue EDI Port Clearance/Advance Port Clearance

To : Members of the Council

Sub: JNCH- Procedures to issue EDI Port Clearance/Advance Port Clearance 

Dear Member, 

JNCH Customs (Nhava Sheva) has issued Public Notice No.67/2020 dated 13th May, 2020 regarding procedures to issue EDI Port Clearance/Advance Port Clearance.

Your kind attention is invited to the Board’s Circular No. 17/2020- Customs dated 03.04.2020 & Public Notice no. 41/2020 dated 03.04.2020 JNCH on the subject matter of “Measure to facilitate trade during the lockdown period-Section 143 AA of the Customs Act, 1962” and Public Notice No. 48/2016 dated 07.03.2016 on the subject matter of “Simplification of Customs procedure for Port Clearance”.

The Port Clearance is granted in terms of Section 42 of the Customs Act, 1962. Following documents are required to be produced for Port Clearance alongwith application (Format of application is enclosed as Annexure-A). 

• Light House Certificate
• NOC from Immigration Department
• Port Health certificate
• Income Tax Certificate
• Load Line Certificate
• Safety radio certificate
• Safety Equipment Certificate
• Ship Registry Certificate
• Port Dues Certificate

On receipt of such application, concerned AC/DC should verify correctness of entry inward & entry outward from system, light dues payment calculation, genuineness of all certificates for the concerned vessel and thereafter grant Port Clearance in EDI

As per Para 2(ii) of Board’s Circular No. 02/2015-Customs dated 15.01.2015, Mumbai Customs-II has adopted the procedure for issuing Advance port Clearance Certificate to the Shipping/Steamer Agents by issuing Public Notice No. 48/2016 dated 07.03.2016. Vide Public Notice No. 48/2016 dated 07.03.2016 JNCH, it is instructed that Shipping/Steamer Agents may avail the said facility by submitting one time continuity bond (Advance Port Clearance/Edi Port Clearance) to the Deputy/Asst. Commissioner of Customs, Preventive General, as per the format annexed (Annexure-I). The continuity bond shall be executed on stamp paper of Rs. 500/- being stamp duty. This Bond/Guarantee letter executed for the Advance Port Clearance is issued on the condition of submission of following documents within seven days from the sailing of the vessel. 

• Inward Clearance certificate for the Vessel
• Outward Clearance certificate for the Vessel
• Immigration NOC for the Vessel
• PHO Certificate for the Vessel
• Ship Registry Certificate

Accordingly, Advance Port Clearance shall be issued by concerned AC./DC. Before granting of sailing permission, Advance Port Clearance along with following documents should be checked by preventive officer. 

• Inward clearance certificate for the vessel.
• Outward clearance certificate for the vessel.
• Immigration NOC for the Vessel
• PHO Certificate for the Vessel.
• Load Line Certificate.
• Safety Radio Certificate.
• Safety equipment Certificate. 

Certificates/documents not submitted at the time of Advance Port clearance are to be submitted to concerned AC/DC within seven days from the sailing of the vessel by the Shipping /Steamer Agents 

1. The Shipping /Steamer Agents are required to undertake that the vessel will be neither carrying any dangerous drugs nor any consignments of Arms and Ammunition, fissionable material like Uranium, Plutonium, Thorium in the same bottom. 
2. Advance Port Clearance once issued shall be valid for 03 days and same can be extended 03 times for three days each. 
3. The Shipping/Steamer Agents should also bound themselves in event of any failure on their part to submit the above said documents within seven days from the sailing of the vessel, suitable action shall be initiated against them by the Customs as per provisions under Customs Act, 1962. 

Further, due to the lockdown in light of COVID 19 enforced by the Government of India, the shipping/steamer agents have expressed their inability to submit the continuity bond in cases where continuity bond expired on 31st March, 2020. However, they are submitting an undertaking that they will be providing a continuity bond/guarantee once the lockdown period is over. In view of current circumstances, this office has allowed the same based on the undertaking as cited supra. They should also undertake to submit all the relevant documents as required within 07 days after sailing of the vessel as per past practices.

It is highlighted that till the lockdown is over, scanned copies of above mentioned documents along with letter of undertaking shall be submitted through their registered email id to boardingoffice-jnch@gov.in .After due verification of documents and that there is no alert against the Vessel, Port Clearance/ Advance Port Clearance Certificate duly signed by the competent authority will be uploaded on the sender email id with the attachment. The Boarding/Preventive officer allowing the vessel to sail should ensure that all the formalities are complied with prior to departure of vessel and also endorse the same on Port Clearance Certificate. Except for the modification mentioned above due to the Covid-19 pandemic, all the provisions of the earlier Public Notice inter alia pertaining to Port Clearance shall remain unchanged

Please note that his Public notice shall come into effect immediately. 

In case of any difficulty, Shipping Lines/Steamer Agents may contact the Deputy/Assistant Commissioner of Customs, Preventive General at boardingofficejnch@gov.in or over Phone No. 022-27274756 or 022-27274781. 

Members may kindly make a note of the above.

Thanking you,

Yours faithfully,

S.BALARAJU
EXECUTIVE DIRECTOR