OFFICE OF THE COMMISSIONER OF CUSTOMS (IMPORTS)

JAWAHARLAL NEHRU CUSTOM HOUSE, NHAVA SHEVA

TALUKA URAN, DISTT. RAIGAD, MAHARASHTRA 400707

 

F No. SG/Misc – 81/2010 IPR JNCH                                 Dated:10/03/2011

 

Standing Order No 17/2011                 

 

Subject: Intellectual Property Rights (IPRs) Enforcement regime – Board’s Circular No. 10/2011-Customs dated 24-Feb-2011 – Centralized Bond Management Module - operational guidelines and instructions – Reg.

 

              Attention of all officers and staff of this Custom House is invited to the CBEC’s Circular No. 10/2011-Customs dated 24-Feb-2011 on the implementation of Centralised Bond Management Module as part of the existing Automated Recordation and Targeting System (ARTS) for IPR Protection.  The main objective of this system is to provide for a single centralized bond account with security that can be used at all ports in India, so that the right holders do not have to rush to different customs formations to execute consignment specific bonds with securities, in case of interdiction of allegedly infringing consignments at different Customs formations. The details of Centralized Bond Management module are explained in the aforementioned CBEC Circular.

2.     The Centralised Bond Management module under ART System for IPR Protection will be implemented with effect from 15-March-2011.

3.     The procedures and process involved in the on-line management of Centralized Bond Management module are explained below.

This module is part of the existing ARTS module which has been hosted on http://www.icegate.gov.in and can be accessed by following the link http://ipr.icegate.gov.in/IPR/. The Bond management module is available under “Admin Console” on the Home page of the ARTS. The privileges of the said module can be accessed by the registered users (officers of IPR Cell) by logging into “Admin Console” using their user-id. The following privileges are available in the Bond Management Module.

(i)     Generate new Bond Registration Number (BRN)

(ii)    Credit (top-up) of the Bond / BG

(iii)   Add / Amend Bank Guarantee

(iv)   Link / Unlink UPRN to BRN

(v)    Debit / Re-credit of Bond

(vi)   View BRN details

Privileges listed above are available to users (officers) of the Customs formation where the Centralized Bond is executed / registered. The debit of amounts and re-credit of the amounts pertaining to those debits can be done by users (officers) at the ports where the allegedly infringing goods were interdicted.

In case the officer is accessing a BRN of another location, then only 2 options namely “Debit / Re-credit Bond” and “View BRN details” are available to him/her.

 4.     Generation of a new Bond Registration Number (BRN)

      A new BRN can be generated only against a valid UPRN registered in this location. The right holders exercising the option of a Centralised Bond will have to necessarily furnish a  Centralized Bond(which will be a running bond)  in the format as per Annexure I to Circular No 10/2011-Customs dated 24.02.2011 and  the security in prescribed format  for an amount equivalent to 25% of the value of the Centralized Bond. Upon fulfillment of these requirements by the right holders, the IPR Cell will create an on-line Centralised Bond account.

Following steps are involved in creation of a new BRN:

(i)  Click on ‘Access to BRN Module’, two options will appear namely

 (a) Generate new BRN,  and

(b) Enter BRN          

(ii) Select ‘Generate new BRN’ option. In the new window, select the required “Name of the Applicant- UPRN” combination from the drop down box.

Note : The officer has to confirm that the UPRN selected is the right one after the details of the UPRN are displayed on the screen. If it is not the correct UPRN, the officer can click on ‘Reset’ button, to start the process of selection of UPRN again.

(iii)   If the UPRN details are correct, then enter the Bond amount in Indian Rupees, and click on “Continue”. A confirmatory pop-up window displaying the UPRN details and the bond amount will appear. If the details are correct and proper, then click on the “OK” button.

Note : Please note that the process cannot be rolled back once the ‘OK’ button is clicked in the confirmation window pop-up.

(iv) The next screen will prominently display the individual Bond number (highlighted in red) that has been generated by the system for this particular bond and this Bond number has to be written by the Officer on the face of the Bond executed by the right holder. This has to be confirmed in the system by checking the check-box for this purpose. Thereafter details of bank Guarantee will have to be entered as prompted by the system. Name of the bank may be selected from the list in the drop down box.

Note: in case the BG is from a bank whose name is not appearing in the drop down list, choose the option ‘Other’ and enter the name of the bank in the box below. Also the branch name and address have to be entered. The expiry date of BG has to be selected from the calendar.

(v) Click on ‘Generate’ to generate the Bond Registration Number (BRN). The BRN number will be displayed at the bottom of the screen. The BRN details will be e-mailed to the Right holder or his/her authorized representative, whose email-id is provided in the notice given by the right holder.

    If the officer wishes to verify the details of the BRN, he/she can click on the ‘View Details’ link, which will show the details of BRN. After verifying the details, click on ‘OK’.

Note: The BRN number is the Bond Account number assigned to the right holder for the UPRNs linked. Individual top-up / supplementary Bonds / Bank Guarantees can be added for which individual bond numbers will be generated as detailed at (iv) above.

5.      Bond/Bank Guarantee Amendment

     Officers assigned with requisite privilege can amend existing BG and add additional (Top-up) Bonds. Following steps are involved :

(a)  Click on ‘Access to BRN module’. Select the second option ‘Enter BRN’. Enter the desired BRN or on entering just “B”, the drop down will appear containing all the registered BRNs and then the officer can select the required BRN.

(b) Click on “Bond / BG Amendment” option.  This functionality has 3 sub-options as given below :-

(i) Generate additional Bond,

(ii) Amend BG Expiry Date,  and

(iii) Generate additional BG.

Click on the desired option and enter the details as prompted by the system.

Note: Multiple bonds can be added to a BRN.

6.      Link /Unlink UPRNs to a BRN

Officers assigned with requisite privilege can Link / Unlink UPRNs. Following steps are involved in Linking / Unlinking UPRNs.

(a)  Click on ‘Access to BRN module’. Select the second option ‘Enter BRN’. Enter the desired BRN or on entering just “B”, the drop down will appear containing all the registered BRNs and then the officer can select the required BRN.

(b)  Click on “Link/Unlink UPRN” option.  This functionality has 2 sub-options, which are as follows :-

(i) Link UPRN – to link an UPRN belonging to the same right-holder and filed by the same applicant at the same / any other location, and 

(ii) Un-Link UPRN – to un-link an UPRN from the BRN. However, before un-linking an UPRN, it should be ensured that there are no debits pending against the UPRN that is to be de-linked.

Note : There will be a single BRN for a right-holder which may cover more than one UPRN. In other words a Centralised Bond account can cover one or more rights registered by a right-holder with the Customs. However, to enable linking of all UPRNs of a right-holder, the applicant (whether the right-holder or the service provider/consultant/law firms) has to be same in all the UPRNs which are to be so linked. Thus if the right-holder chooses two different law firms to register different IPRs, then both these UPRNs cannot be linked to a single BRN as the applicants in the two UPRNs would be different.

7.      Debit/ Re-credit of Bond / BG :

This option is to be used after the interdiction of infringing consignments, and the right-holder has joined the proceedings. Any transaction carried out by using this option will result in an auto-generated e-mail being sent to the right-holder/authorized person at registered e-mail id. The following steps are involved :

(a)  Click on ‘Access to BRN module’. Select the second option ‘Enter BRN’. Enter the desired BRN or just on entering just “B”, the drop down will appear containing all the registered BRNs and then the officer can select the required BRN.

(b)  Click on “Debit / Re-credit of Bond / BG” option.  This functionality has 2 sub-options which are as follows :-

(i) Debit – to Debit the Bond amount.  On such debit, the BG is also debited for an amount equivalent to 25% of the debit amount. In case of inadequate balance, either in the Bond or in BG amount, the debit will not be allowed by the system. In such cases, the right-holder may be asked to execute supplementary Bond / BG. 

(ii) Re-credit / Partial Re-credit – this option is to be used for re-credit of the amounts debited earlier by this location only. The re-credit shall be done after verification of the fact that no legal proceedings and dues are pending in relation to the debit. The facility of partial re-credit, if necessary is also provided.

 

8.      View BRN details :

This option is to be used for viewing the details of a particular BRN. The steps involved are as follows :

(a)  Click on ‘Access to BRN module’. Select the second option ‘Enter BRN’. Enter the desired BRN or on entering just “B”, the drop down will appear containing all the registered BRNs and then the officer can select the required BRN.

(b)  Click on “View Details” option. This will display details of the BRN, the UPRNs that are linked to the particular BRN and its debit and credit entries.

9.     The IPR Cell should promptly monitor the work relating to execution of Bond and securities. All steps to renew the BGs, wherever executed, shall be initiated by them well within time, at least 15 days before the expiry of the BG.

10.    The Standing Order No. 49/2007 dtd 06/12/2007 stands modified to the above extent.

11.    In case of any doubt, the matter may be brought to the notice of Addl. Commissioner (IPR Cell).

 

(Mala Srivastava)

                                                        Commissioner of Customs (Imports)

JNCH