Publication of notification regarding insertion of new rule 29B in SEZ Rules, 2006

EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 388] NEW DELHI, WEDNESDAY, JULY 5, 2023/ASHADHA 14, 194 5 CG-DL-E-05072023-247066 MINISTRY OF COMMERCE AND INDUSTRY (Department of Commerce) NOTIFICATION New Delhi, the 4th July, 2023 G.S.R . 481 (E).—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 Cent re. - (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 procedu re 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 C argo” 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 si gnature 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 as sessed 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 Fi nancial 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 45 of the Customs Act,1962 (52 of 1962), for the respective customs port till the customs discharge of such goods. (2) In case ofprocurement of ship from a Domestic Tariff Area by the Unit, the unitshall follow the procedure as given below, namely: - (a) lessors setup as an Unit in the International Financial Services Centremay 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 there under, shall be submitted through online system: Provided that where the ship is supplied on loan or lease basis by a domestic supplier, alldocuments for such procurement shall be filed jointly in the name of the Unit and domestic supplier; (c) the documents s tated 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 concer ned 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 num bers 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 thecustoms officer concerned at the customs port or by the Authorised Officer shall be deemed to be arrival of such goods in the International Financ ial 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 (5 2 of 1962), for the respective customs port till the customs discharge of such ship. (3) In case of supply of ship on lease or outright basis by the Unit into the Domestic Tariff Area. The Unitshall follow the procedure given below, namely: - (a) lessors setup as an Unit located in Special Economic Zone may supply the ship on lease or outright basis into Domestic Tariff Area; (b) all Bill of Entry for the Domestic Tariff Area sale and other such documents, as the case may be, prescribed under the Act or the rules m ade thereunder shall be submitted through online system by the Unit set up in the International Financial Services Centre; (c) the documents stated in clause (b) shall indicate the customs port where ship is already anchored, stored or parked by the Unit; (d) after assessment of Bill of Entry for Domestic Tariff Area sale by the Authorised Officer, the importer in India shall make payment of duty as applicable; (e) for examination and inspection of marks and numbers of the ship, theAuthorised Officer shall communicate to the appropriate customs officer of the customs port concerned, as the case may be, within twenty -four hours of filing of respective documents and payment of duty by the Unit, through an e -mail or any other mode authorised under these rules; (f) customs offi cials at the respective customs port shall carry out examination or inspection of marks and numbers of such ship and forward the examination or inspection report, including the location where the ship is anchored, stored or parked, to the Authorised Office r concerned through an e -mail or any other mode authorised under these rules; (g) the receipt of the examination or inspection report from customs officer at the customs port and verification of the details from the assessed Bill of Entryfor Domestic Tariff Ar ea sale by the Authorised Officer shall be deemed to be completion of the customs procedure for out of charge of the goods into the Domestic Tariff Area; (h) after out of charge of Bill of Entry for Domestic Tariff Area sale has been completed, the Authorised Officer shall intimate the customs officials at the respective customs port to allow the physical removal of ship into India; (i) after the removal of ship into the Domestic Tariff Area, the customs officer at the customs port shall intimate the same to the Au thorised Officer concerned through email or any other mode authorised under these rules. (4) In case of export of ship on lease or outright basis by the unit, the unit shall follow the procedure as given below, namely: - (a) lessors setup as anUnit in the Inter national Financial Services Centre located in Special Economic Zone may export the ship on lease or outright basis; (b) the Shipping Bills and other such documents, as the case may be, prescribed under the Act or the rules made thereunder, shall be submitted b y the Unit through online system; (c) the documents stated in clause (b) shall indicate port of shipment as the respective customs port where the ship is already anchored, stored or parked by the Unit; (d) for examination and inspection of marks and numbers of the ship, theAuthorised Officer shall communicate to the appropriate customs officer of customs port concerned, as the case may be, within twenty -four hours of filing of respective documents by the Unit, through an e -mail or any other mode authorised under th ese rules; (e) 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 th e Authorised Officer concerned through an e -mail or any other mode authorised under these rules; (f) on the receipt of the examination or inspection report from customs officer at the customs port, the Authorised Officer shall complete the customs procedure fo r Let Export Order of the goods which shall be deemed to be the completion of procedure for export of ship by the International Financial Services Centre Unit; (g) after grant of Let Export Order, the Authorised Officer shall intimate the customs officials at the respective customs port to allow the removal of ship outside India physically; (h) after the ship is exported, customs officer at the customs port shall intimate the same to the Authorised Officer concerned through email or any other mode authorised under these rules. Explanation . - For the purpose of this rule "ship" means ship or ocean vessel and includes various types of boats, barges and similar vessels for transport of persons or goods, tugs, pusher boats, dredgers, fire floats, floating cranes, warshi ps or other vessels, etc.’. [F. No. K-43013(13)/2/2022 -SEZ] VIPUL BANSAL, Jt. Secy. Note : The principal rules were published in the Gazette of India, Extraordinary, Part -II, Section 3, Sub-section (i), vide notification number G.S.R 54(E), dated the 10th February, 2006 and lastly amended vide notification number G.S.R. 334(E), dated the 27th April, 2023. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.