International Passenger Baggage Clearance

Baggage Clearance_Critical elements [International Passenger]
  • In the past passengers filled up the Customs portion of the Disembarkation Card before disembarkation from the aircraft. The passengers may be asked to fill up the new Baggage Declaration Form [prescribed under the Customs Baggage Declaration Regulations, 2013] while in the aircraft itself.  If the passenger is allowed to roam around without filling up the declaration form, there is possibility of mischief even with the connivance of officials. 

  • A few critical points from the Customs Manual 2014:
  • Para 1.1 Customs is manddated to ensure passengers do not attemtpt to smuggle prohibited or banned or sensitive goods. [Detailed list at the bottom of this page]

  • Para 2.1. Passengers to mention the quantity and value of goods brought.  But Col. 6. Number of Baggage and 9. Total value of dutiable goods being imported (Rs.). -- no column requires quantity of goods. 

  • Para 2.2 Green Channel passengers exit without any question being asked by Customs after handing over the Customs portion of the Disembarkation Card to the Customs Officer / Sepoy at the exit.

  • Para 2.3 The declaration of goods and their values is generally accepted and duty assessed.

  • Para 2.4 Any passenger found walking through the Green Channel with dutiable / prohibited goods or found misdeclaring the quantity, description or value is liable to strict penal action.  But there is no column in the new form to declare the quantity or description of goods. So this cannot be implemented by Customs.

  • Para 2.4 In case passenger brings any goods that are essentially for commerce and not for personal use, or imports goods in commercial quantity, these goods become liable to confiscation.

  • Para 2.4 Only bonafide baggage items for personal use or use by members of his family are allowed to be imported as baggage. 

  • Repeat offenders -- higher levels of fines and penalties and even considered for prosecution in a Court of law.

Re-export of baggage: 

  • (i) True declaration has been made u/s 77 of Customs Act,1962 before the Customs Officer intercepts the passenger. 
  • (ii) undeclared goods must be seized and adjudicated. [On redemption, at the time of  the passenger leaving India, the items can be allowed to be re-exported]
  • (iii) Only on the request of the passenger who brought the goods into India 
  • (iv) Re-export allowed only the passenger leaving India [in the event of passenger not returning back, the items cannot be allowed to be re-exported]
  • (v) If pax. not taken while leaving [only after departure of passenger] authorize any other passenger authorised by him and leaving india
  • (vi) May be re-exported to passenger as cargo consigned in  his name [only after departure of passenger and consignor and consignee being the passenger himself](s.80 Customs Act,1962)