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Cos must go by 36 provisos to operate container ports

Doulot Akter Mala | February 15, 2016 00:00:00


Private entrepreneurs seeking to obtain customs bond licence for operating private inland water container terminal (IWCT) will have to comply with a multipronged set of guidelines, including one on adequate facilities for external trade.

Officials said customs wing of the National Board of Revenue (NBR) recently issued the policy with the comprehensive guidelines with some 36 conditions binding private IWCT ventures.

They said the policy was framed under 'The Customs Act 1969, section 12 and section 219 (B)'.

As per the conditions, a private container-handling company must have proper registration as limited company, five years' working experience in handling inland water container, cargo transportation or seven years' experience as shipbuilding industry or charter agent or legal owner of cargo-carrying vessel or seven years' experience as shipping licence-holding company in commercial water-vessel operation.

The company has to pay Tk 1.0 million as licence fee (non-refundable) and Tk 20 million as security deposit (saving certificate, ongoing bank guarantee) before obtaining licence.

The licence-holder will have to have the licence renewed every three years and pay Tk 0.1 million as renewal fee.

The company will have to submit general bond worth Tk 250 million (including risk and duty bond) on non-judicial stamp. The bond will have to be submitted afresh at the time of renewal of licence.

Customs commissioner will have the authority to cancel the licence in case of "violation of the policy" or "harassment".

The proposed IWCT must be situated in at least 15 acres of land with valid deed or lease documents.

For use of riverside government land, the company must have documents on proof of lease of the land.

There must be access road to the IWCT for movement of containers and export-import goods.

The IWCT should have container yard, adequate machinery such as weigh-bridge, weighing machine, crane, forklift, and straddle for product loading and unloading, examination of products.

According to the policy, the private companies should set up container scanner within one years of the obtaining licence. In case of failure in setting up scanner, the customs will temporarily suspend operation of the private IWCT.

The IWCT will be regulated and managed by the nearest customs house. In case of any dispute in jurisdiction, the NBR's decision stands "final".

The proposed IWCT must be situated within 30 to 50 kilometres of the customs house or port. The company will have to obtain licence for container handling on riverbank.

It must have permission of the Bangladesh Inland Water Transport Authority (BIWTA) and shipping ministry and also have no-objection certificate from the Chittagong or Mongla port Authority.

The applicant company has to submit income tax-and bank-solvency reports of its board of directors with the application.

The companies also have to submit its VAT certificate and trade licence. There must be consent paper of Sonali Bank on the setting up of a branch at the nearest place of the IWCT for conducting import-export proceedings.

"The IWCT must have adequate fire-safety measures, security measures, automated access-control system, office, other equipment and facilities for customs officials," it is stated in the policy guidelines.

Such companies have to obtain technical support of the NBR for ASYCUDA connectivity and setting up systems after getting licence and starting container-handling activities.

Bank, offices of clearing and forwarding agents, freight forwarders or other organizations should be established outside the customs bonded area.

Customs commissioner will approve the detailed structural layout plan of the company before providing the bond licence.

Entry of the customs officials should be ensured in the control room, system, accounts section, products storage places of IWCT.

Importers or exporters of the goods have to clearly mention the port of delivery or port of shipment in their documents if they wish to unload or export their products through private IWCT.

The NBR will determine which products should be imported or exported through private IWCT.

For import of goods, traders must use Full Cargo Loaded (FCL) containers. Least Cargo Loaded (LCL) containers will not be allowed to use the IWCT.

"The companies will have to obtain bonded-warehouse licence from relevant commissioner of customs. The commissioner must ensure that the applicant company is tax-compliant," says the policy.

The commissioner will declare the border of customs bonded area, product loading and unloading place, warehouse station etc.

Initially, commissioners of customs can allow the companies to handle containers and export activity for one year. "Upon their satisfactory performance, the commissioner can allow them to handle import containers."

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