Recommendations
- It is recommended that Government may draw up a policy level document for providing a robust framework that comprehensively defines the approval process as well as the monitoring and regulatory mechanisms. Such a mechanism cannot rely on the Customs Law alone, as it is a legislation primarily for safeguarding government revenue and regulating the cross border movement of goods and does not address the requirements of monitoring and regulation of dry ports sector.
- A website on ICDs and CFSs may be developed by DoC where updated database and real time information on operations of ICDs and CFSs could be accessed by all stakeholders.
- CBEC may consider introducing penal clause under HCCAR for CCSPs found flouting these requirements.
- CBEC may consider making it mandatory for all EDI locations to maintain a system downtime database and share this information publicly as part of performance measure of CCSPs.
- CBEC may consider bringing suitable modifications in ICES to automate the re-credit of bond by populating the landing certificate message into ICES. Board may also consider developing a reporting mechanism to independently monitor the uncleared cargo/ containers rather than relying upon the custodians report.
- To check the large scale dumping of municipal and hazardous waste into India through cross border trade, provision in the Customs Act / Customs Regulations may be provided to invoke the Hazardous Materials (Management, Handling and Transboundary Movement) Rules, 2008 or any other relevant laws of the land to initiate stringent penal action including criminal action, if warranted, against defaulting importers and shipping lines.
- CBEC may lay down procedures for re-export of hazardous waste in consultation with other concerned ministries like the Environment and Shipping to avoid any ambiguity in procedures
- To address the risk of importers taking undue advantage of provisions of Section 23 for wilful abandoning of cargo routinely, Board may review the provision so that abandoning of cargo is allowed only as a rarest of rare case.
