SPECIAL INVESTIGATION AND INTELLIGENCE BRANCH
JAWAHARLAL NEHRU CUSTOM HOUSE, NHAVA SHEVA,
NAVI MUMBAI 400 707, DIST. RAIGAD, MAHARASHTRA.
TEL. NO. 27244983; FAX NO. 27241828, 27243245.
|F. No. SG/Misc-24/2015-SIIB(X) JNCH||Date: 23.03.2015|
|ALERT NO. 02/2015 – SIIB (X), JNCH|
1. During investigations carried out by this office about fraudulent exports of Red Sanders Wood, it is revealed that the following modus operandi are adopted by unscrupulous elements to effect such fraudulent exports.
2. The export documents mainly factory stuffed Shipping Bills are filed through Service Centre by unscrupulous elements for exporting the contraband goods by misusing the IECs/CHAs codes of genuine exporters/CHAs, by presenting fake documents such as KYC documents/Central Excise factory stuffing examination reports and fake seals, without the knowledge of the concerned authorities.
3. Another modus operandi noticed is that the goods are stuffed under supervision of Central Excise officers and exporter, however, the same are replaced with contraband during their transit by the transporter between the factory / ICD to JNPT by opening the doors of the container by removing the clamps / front and rear casting of the door latches. The same were found re-fixed after replacing the genuine cargo with the contraband, with help of industrial adhesive or welding. In these cases, the foreign buyers had arranged for the transportation of the said stuffed container from factory / ICD to JNPT and during investigation, the said transporter was found absconding and not traceable.
4. In some cases, the contraband was attempted to be exported on the basis of fake Shipping Bill documents prepared by forging a genuine Shipping Bill passed by the Customs in recent past. The fraudsters changed the name of the consignee and container number on a genuine Shipping Bill and brought the container inside the port area on the basis of such forged shipping bill.
5. It is also noticed that in some cases the fake manual Shipping Bills are presented to the Port gate officers for entering the containers containing contraband goods. Invariably these manual Shipping Bills are shown to be cleared from ICDs/SEZs.
6. Suitable instructions have earlier been issued from time to time in this regard by way of Alerts/ Public Notices. The same may be followed strictly and following due care shall be taken so as to avert the smuggling of prohibited goods.
i) As per Regulation 19(5) of Customs House Agents Licensing Regulations2004, only those owners/employees of CHA who have passed the examinations referred in Regulation 8 (holder of Customs Pass of Category ‘F’) or in Reg.19 (holder of Customs Pass of Category ‘G’ i.e. erstwhile Category ’1st’, who is authorized by concerned CHA), are allowed to sign Customs related documents (including Check List, SB, BE, etc) concerning import, export, transshipment, etc. and declarations thereof. Thus, only documents signed by such persons are to be accepted. It has to be ensured that the signatory mentions her/his cardex number and Pass Type (‘F’ or ‘G’) below the signature.
ii) With respect to document submission/handling, it can be done by only a person authorized and holding Customs CHA Pass issued by New Custom House, Mumbai that is valid on the date of submission/handling. The Pass should have relation to the CHA appointed by exporter/importer to handle the transaction.
iii) Therefore, Service Centre personnel or concerned Customs Officers posted on duties at Customs Sheds, as the case may be, shall verify the above relevant aspects, as applicable.
iv) In order that there is record of the person who handled documents at various stages, and also as a safeguard, AOs/Supdts/EO/POs must obtain full signature, name in block letters and cardex number on hard copy of SB/BE before the signed final prints are handed over to such persons.
v) In case of Importers/Exporters who operate on ‘Self Basis’ and their authorized employees Customs Pass/Identity Card issued by New Custom House, Mumbai, during submission of documents shall be insisted.
vi) In case of factory stuffed containers, the nominated staff of Container Freight Station shall receive such containers after verifying the marks and numbers of Container / Seals with reference to the examination reports on the Export Invoice. In cases, where the seals are found tampered with or there is specific intelligence, permission of Deputy / Assistant Commissioner should be taken before examinations of the said containers as per the instruction issued vide Standing Order No. 54/2008 dated 19.12.2008.
vii) The entry of factory stuffed containers (including self sealed containers) into the port terminals shall be permitted only after completion of the Customs formalities, including granting of LEO, except in respect of certain containers of exempted category. For detail instructions Standing Order No. 48/2009 dated 30.09.2009 may be perused.
viii) Specimen signatures of all the Superintendents entrusted with the work of granting LEO to Factory Stuffed containers shall be made available at the Port Terminal Gate Offices of the Preventive Officers.
ix) In case of any reason to believe that the Shipping Bill could be fabricated, the gate officer at the terminal shall verify the same on the EDI system and / or through Intranet to confirm that LEO has been granted and Shipping Bill is genuine. Verification on the computer system (EDI /Intranet) would help in eliminating the possibility of fabricated Shipping Bills. The act of confirming the veracity of Shipping Bill (through EDI /Intranet) shall be mandatory in cases where the signature of Superintendent granting LEO shows any mismatch with the specimen signature.
x) The gate pass issued by the Container Freight Station indicating the container marks / number, seal number, time of departure of container from the CFS to port terminals shall also be checked at the terminal gate in order to verify the time of departure of the container from the CFS and its arrival at the terminal gate. In case, there is any unusual delay in transit from CFS to Terminal Gate (with respect to the general traffic situation during the relevant period), the subject container shall be allowed to enter the terminal gate but the same shall be brought to the notice of Additional / Joint Commissioner of Customs i/c SIIB.
7. In this regard, it is requested to suitably alert the officers under your charge about any fraudulent exports attempted by using above referred Modus Operandi and to sensitize them about the instructions issued by this Custom House through various Public Notices / Alerts such as Public Notice No. 15/2012 dated 09.02.2012, Public Notice No. 17/2012 dated .02.2012, Alert Circular No. 20/2012 dated 18.07.2012, Trade Alert No. 01/2012 dated 28.09.2012 and SIIB (X) JNCH Alert No. 01/2014 dated 13.03.2014. In case of any doubt, the matter may be brought to the notice of Joint/Addl. Commissioner of Customs, SIIB (X), JNCH.
This is issued with the approval of Commissioner of Customs, NS-II.
ASSTT. COMMISSIONER OF CUSTOMS
SIIB (X), JNCH
1. ALL AC/DC CFS (Exports), JNCH,
2. DC/Prev. (G), JNCH,
3. Service Centre of all CFS, JNCH.
4. DC/EDI Section for uploading on JNCH website.