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Content
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SI. |
Chapter |
Subject |
Page No. |
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1 |
Chapter One |
Introduction |
1 |
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2 |
Chapter Two |
General provisions for Import |
4 |
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3 |
Chapter Three |
Provisions regarding Import fees |
15 |
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4 |
Chapter Four |
Miscellaneous provisions |
18 |
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5 |
Chapter Five |
General provisions for industrial
imports |
29 |
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6 |
Chapter Six |
Provisions for Import by
Commercial Importers |
41 |
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7 |
Chapter Seven |
Import by Public Sector Importers |
49 |
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8 |
Chapter Eight |
Import Trade Control (ITC)
Committee |
51 |
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9 |
Chapter Nine |
Compulsory Membership of
recognised. Chamber of |
52 |
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Commerce and Industry and Trade
Association |
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PREFACE
Wide-ranging changes and expansion in the world trade owing to the
process of evolution in globalization and free market economy have
facilitated free flow of goods which resulted in worldwide trade
competition. In order to cope with the situation, steps have been
taken to make the Import Policy Order of the Government of the
People's Republic of Bangladesh up-to-date in consonance with the
emerging trends in the globalized and free market economy.
Consistent with the changes in the trend of world trade with the
conclusion of Uruguay Round of Multi-lateral Trade Negotiations and
creation of the W.T.O. towards the close of the 20th century,
Bangladesh has been pursuing steps towards liberalization of her
Trade Policy. This Import Policy is being published at the beginning
of the 21st century also keeping in consideration the impact of free
global trade on the garment sector of the country after 2004.
However, protection policy to a bare minimum has been pursued,
considering public health and security as well as social, cultural
and religious norms and bindings. In the formulation of this new
Import Policy Order all the commitments made by the past and the
present governments under W.T.O. agreements have been duly taken
care of, as the three-year Import Policy Order can, by no means, be
kept outside the principles and objectives of those commitments.
2.0 Important objectives of the Import Policy Order are:
to make the Import Policy Order
further liberalized to keep pace with the gradual development of
globalization and free market economy under the WTO;
to provide facility for import of technology for widespread
expansion of modern technology,
to provide facility for easy import for the export support
industries for the purpose of placing export industries on a
sound base and with this end in view, co-ordinate the import policy
of the country with the industrial policy, export policy and other
development programs.
to make easier the availability of industrial raw materials for
increasing competition and efficiency by gradual removal of
restrictions on import of finished goods,
3.0 If the objectives stated
above are materialized it is expected that the import and export
trade of the country will gain a new momentum. (Published in
Bangladesh Gazette Extra-ordinary dated 1&h March, 2004)
GOVERNMENT OF THE PEOPLE'S REPUBLIC OF BANGLADESH
MINISTRY OF COMMERCE ORDER
Dated 30-11-1410 BS/13-3-2004 A.D
No. S.R.O. 68-LAW/2004—In exercise of the powers conferred by
sub-section (1) of section 3 of the Imports &
Export (Control) Act, 1950 (XXXIX of 1950), the Government is
pleased to make and issue the following order:
CHAPTER ONE
Beginning
1.0 Short Title and Duration.—
1.1 This Order may be called the Import Policy Order, 2003-2006.
1.2 Unless otherwise specified, this Order shall apply to all
imports into Bangladesh.
1.3 It shall remain in force from the 13th March.2004 to 30th June,
2006. However, if required, Government may review this Order once in
every year and may take decision as deemed fit.
1.4 Notwithstanding anything contained in sub-Para 1.3 it will
remain in force after the expiry of the validity mentioned in sub-para
1.3 until the new import policy order is issued.
1.5 Whatever be there in the proposed Import Policy, if any specific
decision is announced in the government budget or in any government
order regarding import which is contradictory to this import policy,
the budget/government order will get priority.
2.0 Definitions.—
2.1 In this order, unless there is anything repugnant to the subject
or context;—
2.1.1 H.S. Code Number, means the H.S. Code comprising eight or more
digits as mentioned in the Third Schedule of the Customs Act
pertaining to the classification of commodities.
2.1.2 "Act" means the Imports and Exports (Control) Act, 1950 (XXXIX
of 1950);
2.1.3 “Import control Authority” means the Chief Controller of
Imports and Exports and includes any other officer authorized to
issue licences, permits or registration certificates as per the
relevant provisions of various Orders issued under Imports and
Exports (Control) Act, 1950 (XXXIX of 1950);
2.1.4 "Basis of Imports" means percentage, rate or formula adopted
for determining the share of registered importer;
2.1.5 "Indentor" means a person or group of persons, institution,
body or organization registered as an indentor under the Importers,
Exporters and Indentors (Registration) Order, 1981;
2.1.6 "L/C" means letter of credit opened for the purpose of import
under this Order;
2.1.7 "L/C Authorization (LCA) Form" means the form prescribed for
authorization of Opening of L/C.
2.1.8 "Control List" means the list of items, whose import is
controlled and given in the table in annexure-1;
2.1.9 “Annex” means an annex appended to this Order;
2.1.10 "Actual user" means a person, group of persons, institution,
body or organization, other than registered importers who may import
a permissible item (not being an industrial raw material requiring
further processing before being used or consumed) in limited
quantity for his or its own use or consumption and not for sale or
transfer.
2.1.11 "Chief Controller" shall have the same meaning as given in
the Imports and Exports (Control) Act, 1950(XXXIX of 1950);
2.1.12 "Bangladesh national abroad" means foreign exchange earning
Bangladeshi citizens working/living abroad;
2.1.13 "Permit" means an authorization for import or export, and
includes import permit, clearance permit, import permit of
returnable basis, export permit or export-cum-import permit as the
case may be issued by Import Control Authority.
2.1.14 "Commercial importer" means an importer registered under the
Importers, Exporters and Indentors (Registration) Order, 1981 who
imports goods for sale without further processing (It includes
importers previously registered for import at SEM rate);
2.1.15 "Importer for lease financing" means an importer registered,
as special case, under the Importers, Exporters and Indentors
(Registration) Order, 1981 approved by the Government for provision
of lease financing to the industrial, energy, mining, agricultural,
construction, transport and professional service sector;
2.1.16 "Industrial consumer" means a recognized industrial unit
registered as an Industrial importer under the Importers, Exporters
and Indentors (Registration) Order, 1981;
2.1.17 "Clearing and Forwarding Agent (C&F Agent)" "Freight
Forwarder (FF)" means a person or organization acting as C&F agent
or as F.F. C&F Agent and FF must be a limited company or be
registered with the Joint Stock Company,
They must possess TIN Number and be computerized within 5 (five)
years;
2.1.18 "Public sector importer’’ means importers being government
organizations, statutory bodies, corporations, universities,
research institutions and industrial enterprises in the public
sector;
2.1.19 The "sponsor" means Investment Board /BEFZA/BSCIC or Handloom
Board in case of handloom industries run by Weavers’ Associations;
2.1.20 "Food Products" means both types of food products consumed by
man directly or after processing. Provisions of Import Policy Order
shall also apply in case of import of those food products that will
be consumed after processing;
2.1.21 Fish/Livestock/Bird’s feed means both kinds of feeds taken by
Fish/ Livestock/Bird directly or after processing. Provisions of the
Import Policy Order shall also apply in case of import of those food
items which will be used as Fish/Livestock/Bird's feeds after
processing.
2.2 All other terms used in this order which have not been defined
shall have the same meaning as assigned to them in the Act and the
Order issued there under.
CHAPTER TWO
GENERAL PROVISIONS FOR IMPORT
3.0 Regulation of Import.—Import of goods under this shall be
regulated as follows:
3.1 List of restricted items: Unless otherwise specified the items
banned for import in this list shall not be importable. But those
items which are importable on fulfillment of certain conditions
specified in the list shall be importable on fulfillment of those
conditions. The list of items controlled for import has been
attached at Annexure-1
3.2 Foot note : Items mentioned in the foot note given after the
restricted list shall be treated as banned items;
3.3 Freely Importable Items : Unless otherwise specified, any item,
which does not appear either in the restricted list or which has
been mentioned as importable subject to certain condition shall be
freely importable;
3.4 In addition to the conditions mentioned in the 'Control list'
the conditions, restrictions and procedures for import of various
items mentioned elsewhere in the text portion of this Order, shall
as usual apply in case of import of those items;
3.5 If, while determining the import status of an item mentioned in
the 'Control List', the description of goods does not conform to the
H. S. Code mentioned against the item or any discrepancy arises
between the H.S. Code and the
description of goods, in that case the description of goods shall
prevail;
3.6 Conditions of Prohibition and Restrictions : If the import of an
item was restricted before coming into effect
of this Order or if such restriction has been made effective due to
the inclusion of the item in the Control List annexed to this Order
or for imposition of any other condition such restriction shall be
subject to the following conditions:
3.6.1 In case any restriction is imposed on import of a particular
commodity with a view to protecting the interest of a local industry
the concerned sponsoring authority/Tariff Commission shall strictly
monitor production of that industrial unit regularly. The
restriction may be revoked on the recommendation of the concerned
sponsoring authority/Tariff Commission if the quality of products
deteriorates and the price of the product is not maintained at
satisfactory level or production level falls short of capacity. Such
protected units which are specially engaged in "assembling type"
activities shall have to move towards progressive manufacture
actively and expeditiously.
3.6.2 The Tariff Commission and the sponsoring authority concerned
shall continuously monitor the prices of the items covered by such
ban to guard against undue increase of price. If the price of any
item is increased except for factors like rise in the price of raw
materials or decline in the rate of exchange or if the increase in
the price of the item is disproportionately higher compared to the
rise in the price of the raw materials in the international market
the ban may be revoked on the recommendation of Tariff
Commission/sponsoring authority.
3.6.3 However, if any one feels aggrieved by any decision regarding
ban or restriction on import of any item he can refer his
representation to the Tariff Commission. The Tariff Commission will
duly examine such a representation and furnish its recommendation(s)
to the Ministry of Commerce for consideration.
4.0 General Conditions of Import of goods.—
4.1 H.S Code Numbers.—For import purpose, use of H.S. Code with at
least eight digits corresponding to the classification of goods as
given in the Schedule of the Customs Act, based on the Harmonized
Commodity Description and Coding System, shall be mandatory. But in
case where a particular item has been classified under an H.S. Code
Number with more than eight digits, which specific Code Number
(having more than eight digits) has to be used. No bank shall issue
L.C. Authorization form or open L/C without properly mentioning H.S.
Code number for the item(s) correctly.
4.2 NOC On the basis of ROR (Right of Refusal).—
4.2.1 No Objection Certificate on the basis of Right of Refusal(ROR)
from any authority shall not be required for import of any freely
importable item by any Public Sector agency. However, in cases where
a public sector agency is required to import banned/restricted items
included in the Control List prior permission of the Ministry of
Commerce shall have to be obtained on the basis of ROR issued by the
Ministry of Industries or by the Sponsoring Ministry/Division, or by
both as the case may be.
4.2.2 In case of import of banned/restricted items for approved
projects financed under foreign aid the concerned Government
Department/Agency will approach the Ministry of Commerce directly
for decision in case of such import furnishing a list of items duly
certified giving detailed description and provisions of contract of
the aided project and other necessary information along with
quantity/number, price and H.S. Code Number against each item
required to be imported.
4.3 Restriction regarding source of procurement and shipment of
goods— Goods from Israel or goods originating from that country
shall not be importable. Goods shall also not be importable in the
flag vessels of that country.
4.4 Pre-shipment inspection: Unless otherwise specified,
pre-shipment inspection of imported goods shall not be obligatory in
case of import by the private sector importers.
4.5 Shipment on Bangladesh Flag Vessels: Subject to waiver specified
below shipment of goods shall normally be made on Bangladesh flag
vessels:
4.5.1 Import of goods up to maximum twenty metric tons in case of
single individual consignee or up to maximum 100 (one hundred)
metric tons in case of group import may be made in non-Bangladeshi
flag vessels. However the Director-General of Shipping may notify
general waivers in the following cases, such as (1) shipment of
goods from foreign ports which are not visited by Bangladeshi
Vessels, and (2) import of goods on the basis of specific agreements
which provided for C & F contract. In all other cases a certificate
of waiver shall be obtained from the Director-General of Shipping
for importation of goods in non-Bangladeshi flag vessels. If there
appears to be no possibility of any Bangladeshi flag vessels,
visiting a port within next seven days, waiver shall be given within
twenty four hours of application for waiver. Otherwise, it will be
considered that waiver has been given. However, the preceding
condition of compulsory shipment of goods on Bangladeshi flag
vessels, or the condition of obtaining certificates of waiver from
the Director-General of Shipping shall not apply in cases of import
under such foreign aids, loans or grants which contain specific
provision regarding shipment of goods.
4.5.2 In case of import and
export of goods by export oriented industries, shipment may be made
in non-Bangladeshi flag vessels.
4.6 Import at competitive rate:
4.6.1 Import shall be made at the most competitive rate and the
importers may be required, at any time, to submit documents to
Import Control Authority regarding the price paid or to be paid by
them.
4.6.2 In case of import under Untied Commodity Aid in the private
sector, goods shall be imported at the most competitive rate by
obtaining quotations from a minimum three suppliers/indentors
representing at least two countries abroad. This condition shall,
however, not apply for opening of L/C up to Tk. One lac. For import
at the most competitive rate by the Public Sector importers the
conditions mentioned at para 27.7.1 of this Order shall apply.
4.7 Import on C&F, CFR and .FOB basis—Import of items can be made on
water, land and skyways on C&F, CFR and FOB basis. However, in case
of import on FOB basis the concerned importer shall have to properly
comply with the circular issued by Bangladesh Bank in this regard.
Before opening of L/C necessary insurance cover note shall have to
be purchased from the Sadharan Bima Corporation or any other
Bangladeshi insurance company. Unless there is specific provision in
the relevant loan agreement/project agreement concluded with the
foreign donors for import on GIF basis, no import shall be allowed
on GIF basis without prior approval from the Ministry of Commerce.
However, Bangladesh nationals, living abroad, for sending goods
against their earned foreign exchange and foreign investors, for
sending capital machineries & raw-materials against their equity
share portion shall be allowed on GIF basis.
4.8 Import by mentioning "Country of Origin"—
4.8.1 In all cases of import, "country of Origin" shall be mentioned
clearly on goods, package/container. A certificate regarding
"country of origin" issued by the concerned Government
agency/approved authority/organization of the exporting country must
be submitted, along with import documents to the Customs Authority
at the time of release of goods. However, the provisions of "country
of origin" shall not be applicable to coal and export oriented
garments industries. In case of cotton import it shall not be
required to mention country of origin on each bale. But "country of
origin" shall be mentioned in the phyto-sanitary certificate.
Besides, 100% export oriented industries, which are recognized by
the Customs Authority along with the industries requiring import of
raw-materials shall be waived from the restriction of "country of
origin" subject to the conditions imposed by the Foreign Exchange
Regulation Act, Bangladesh Bank and Commercial Banks.
4.8.2 In case of import of Limestone, in different consignments/lot
by the ropeway or by river, as raw-materials for Chattak Cement
Factory, "Country of Origin" certificate from the exporting
country's Government/approved authority/ organization shall be
submitted once to the Customs authority at the time of release of
goods, instead of each consignment/lot for the quantity mentioned in
L/C in case of river-way and as per supplied carrying list in case
of rope-way.
4.9 Inscription of Name, Address and TIN Number of Importer—Except
in the case of following imports, the name, address and TIN Number
shall be inscribed or printed in indelible ink on, at least two
percent of the largest packet/cover/ Tinned package/sack pack/wooden
box/other packets containing the imported goods—
4.9.1 for the products imported uncovered and in bulk;
4.9.2 for products valued upto US$ 5000(Five thousand) in each
challan;
4.9.3 for imports in government sector;
4.9.4 for import of approved foreign aid-based projects;
4.9.5 for import of free sample, advertisement materials and gift
items valued US$ 1000 (one thousand) or less as per provisions of
the Import Policy Order;
4.9.6 for imports under the Transfer of Residence Baggage Rules;
4.9.7 for goods imported by the actual user;
4.9.8 for Import by the Diplomatic Missions;
4.9.9 for Import by the 100% export oriented Industrial units under
Bonded Ware house;
4.9.10 for goods imported on returnable basis;
4.9.11 for export-cum-import goods;
4.9.12 for goods imported on entre-pot basis;
4.9.13 for import by various educational institutions/charitable
organizations/hospitals;
4.9.14 for goods sent by Bangladeshi nationals living abroad;
5.0 Source of finance—
5.1 import may be allowed under the following sources of finance:
5.1.1 Cash—
5.1.1.1 Cash foreign exchange (balance of the foreign exchange
reserve of Bangladesh Bank);
5.1.1.2 Foreign currency accounts maintained by Bangladeshi
nationals working/living abroad;
5.1.2 External economic aid (Commodity Aid, Loan, Grant);
5.1.3 Commodity exchange: Barter and Special Trading Arrangement (STA);
5.2 Commercial importers and industrial consumers may utilise their
respective shares under Barter/STA as per basis notified.
5.3 Import under the Special Trading Arrangements (STA) which are or
were concluded with prior approval/permission of the government,
shall be subject to the specific procedures laid down by the
government in this respect.
5.4 The provision of sub-para 5.1.3 of this para will remain
effective only upto the time of completion of on-going agreements.
6.0 Fund provision for financing import.—unless otherwise specified,
the importers shall import primarily against cash foreign exchange.
7.0 Import procedure.—Import shall be made as per the following
procedure:—
7.1 Import Licence not required: No import Licence will be necessary
for import of any item.
7.2 Import against LCA Form: Unless otherwise specified, all import
transactions through a Bank (L/Cs. bank drafts, remittances etc.)
shall require LCA forms irrespective of the source of finance.
7.3 Import through L/C—Unless otherwise directed import will be
effected only through opening of irrevocable L/C. However L/C is not
required for each consignment via Teknaf custom station of quickly
perishable items from ten thousand to fifteen thousand (in case of
import by other land routes up to the value limit of US$ 5000 to
7500) and for import of capital machinery and raw materials for
industrial use without any price limit. Existing conditions
regarding import on deferred payment under L/C shall be applicable
in this case also and importers shall be required to register with
Bangladesh Bank for importation without L/C.
7.4 Import against LCA Form but without opening of Letter of Credit
(L/C): Import against LCA Form may be allowed without opening of
Letters of Credit in the following cases:
7.4.1 Import of books, journals, magazines and periodicals on sight
draft or usance bill basis;
7.4.2 Import of any permissible item for an amount not exceeding US
Dollar Twenty five thousand only during each financial year against
remittance made from Bangladesh. However, permissible items valued
upto US Dollar five thousand in a single consignment from Myanmar
shall be importable without opening L/C and in that case, above
mentioned annual ceiling of US Dollar twenty five thousand shall not
be applicable.
7.4.3 Import under commodity aid, grant or such other loan for which
there are specific procurement procedures for import of goods
without opening any L/C: and
7.4.4 Import of "international chemical references" through Bank
drafts by recognised pharmaceutical (Allopathic) industry on the
approval of Director, Drugs Administration for the purpose of
quality control of their products.
7.5 Import against Import Permits and in special cases against
Clearance Permit (for clearance of goods on payment of fine): In the
following cases, neither LCA Form nor opening of L/C will be
necessary; but import Permit (IP) or Clearance Permit (CP) will have
to be obtained by the importer,
7.5.1 Import of books, magazines, journals, periodicals and
scientific and laboratory equipment against surrender of UNESCO
Coupons;
7.5.2 Import under Pay-As-You-Earn-Scheme in the following cases
only on the basis of clearance of the Bangladesh Bank:
7.5.2.1 New or not exceeding twelve years old plant and machinery of
permissible specification;
7.5.2.2 New or not exceeding four year old motor cars;
7.5.2.3 Cargo or passenger vessel of steel or wooden bodies,
including refrigerated vessel of any capacity either new or not
exceeding fifteen years old; but in case of ocean going old ships,
not exceeding twenty years old shall be importable;
7.5.2.4 Import of plant and machinery for export-oriented industrial
units with the clearance of the competent sanctioning authority,
wherever necessary; and
7.5.2.5 Trawlers and other fishing vessels, either new or not
exceeding twenty years old; For import under this scheme the
sanctioning authority of such import shall forward a copy of
sanction letter to the Chief Controller and the importer shall apply
to the CCI&E along with necessary papers for prior permission.
7.5.3 Import of item(s) by passenger coming from abroad in excess of
the permissible limits as per the relevant baggage rules, provided
the import of the item(s) concerned is permissible under the
relevant baggage rules;
7.5.4 Import of free samples, advertising materials and gift items
above the ceiling prescribed as per paragraph 13.0 of this Order;
7.5.5 Import of only drugs and medicines (allopathic) under product
bonus system subject to the condition that it shall be obligatory on
the part of the importers concerned to pass on the benefit to the
consumers. The Director, Drugs Administration shall devise
appropriate mechanism in this behalf;
7.5.6 Import of capital machinery as share of capital of the foreign
share-holder for an approved joint venture industrial unit already
set up or to be set up;
7.5.7 Import of any other goods, not specifically exempted from
permit.
7.6 Import on Deferred Payment Basis or Against Supplier's Credit:
Subject to restriction and prohibitions contained in this order,
import on deferred payment basis or against Suppliers Credit may be
allowed on the basis of procedure laid down by the Bangladesh Bank
in this behalf.
7.7 Import against direct payment abroad: Only Bangladeshi nationals
living abroad may send any importable item irrespective of value
ceiling against direct payment abroad in the name of any Bangladeshi
living in Bangladesh. The name and address of the consignee shall be
mentioned in the import documents. For such import, no permission or
import permit from the Import Control Authority shall be necessary.
In this case a certificate from the Bangladesh embassy in that
country as an earner of foreign exchange has to be submitted.
7.8 Time limit for opening of L/C: Unless otherwise specified, for
import under cash foreign exchange, letter of credit shall be opened
by all importers within one hundred and fifty days from the date of
its issue or from the date of its registration. The above time limit
may be extended upto such time is deemed fit by the Chief
Controller. For import under foreign aid/grant and barter/STA, L/C
shall be opened within the time limit as may be notified by the
Chief Controller.
7.9 Validity of LCA for shipment:
7.9.1 Unless, otherwise specified, shipment of goods shall be made
within seventeen months in the case of machinery and spare parts and
nine months in the case of all other items from the date of issuance
of LCA Form by Bank or registration of L/C Authorization Form with
Bangladesh Bank Registration unit, as the case may be. Shipment of
goods under commodity aid/grant, and barter/STA shall be effected
within the time limits as may be notified by the Chief Controller;
7.9.2 In case, where shipment could not be made within the validity
period due to circumstances beyond control of the importer, the
Chief Controller may extend the time limit for shipment of goods on
the merit of each case;
7.10 Restriction on L/C after imposition of ban/restriction: No
extension of the date of shipment in any Letter of Credit or
amendment to Letter of Credit or enhancement of the value or
quantity of goods shall be allowed by the nominated Bank or by the
Import Control Authority after the import of the item or items has
been banned or restricted.
7.11 Document required to be submitted along with LCA Form: Importer
in both public sector and private sector shall
submit to their nominated Banks the following documents along with
the L/C Authorization Form for opening Letter of Credit:
7.11.1 L/C Application Form duly signed by the importer;
7.11.2 Indents for goods issued by Indentor or a Proforma Invoice
obtained from the foreign supplier, as
the case may be; and
7.11.3 Insurance Cover Note.
7.12 Additional documents to be furnished by public sector
importers: In addition to the documents mentioned in
sub-paragraph
7. 11 above, public sector importers shall submit the
attested photocopy of sanction letter from the
Administrative Ministry or Division or Authority, wherever
applicable.
7.13 Additional documents to be furnished by private sector
importers: In addition to the documents mentioned in
sub-paragraph 7.11 above private sector importers will be required
to submit the following document.
7.13.1 Valid Membership certificate from the registered local
Chamber of Commerce and Industry or any Trade
Association established on all Bangladesh basis, representing any
special trade/business;
7.13.2 Proof of payment of renewal fees for the Import Registration
Certificate for the concerned financial year;
7.13.3 A declaration, in triplicate, that the importer has paid
income-tax or submitted income-tax return for the preceding
year;
7.13.4 Proof of having Tax Identification Number(TIN) in all cases
of imports, excepting personal use;
7.13.5 Any such document as may be required as per this Order or
Public Notice, or instruction issued by Chief Controller,
from time to time under this Order;
7.13.6 Insurance cover note from Sadharan Bima Corporation or any
Bangladeshi Insurance Company and Insurance
Policy duly stamped against the same which shall be produced to the
Customs Authority at the time of clearance of
goods.
7.13.7 Insurance Cover Note either from Shadaran Bima Corporation or
from any Bangladeshi Insurance Company and
duly stamped insurance policy against this cover-note;
7.14 Violation of the requirement of LCA/LC: Shipment effected
before authentication of the L/C Authorisation
Form by the nominated Bank and registration with the Bangladesh
Bank, wherever necessary, and before opening of L/C
or after expiry of the validity of the L/C Authorisation Form or L/C
shall be treated as import in contravention of this Order.
L/C Authorization Form obtained on the basis of false or incorrect
particulars or by adopting any fraudulent means shall
be treated as invalid and void abinitio.
7.15 Import against indent and pro-forma Invoice: L/C may be opened
against an indent issued by a local
registered Indentor or against a pro-forma invoice issued by a
foreign manufacturer/seller/supplier.
8.0 Procedure to be followed by banks for acceptance/issuance of LCA
Forms— Banks will follow the following
procedures in the case of accepting or issuing of LCA Form:
8.5 LCA Forms under cash foreign exchange: In case of import under
cash foreign exchange L/C Authorization
Form shall be required to be registered with the Bangladesh Bank
only in those instances where prior approval from the
Bangladesh Bank is required for buying foreign exchange. All Forms
shall be conspicuously marked on the right hand
corner at the top with rubber stamp to read as "issued under cash
foreign exchange". The bank which will open L/Cs
against such LCA Forms shall forward the third and fourth copies of
the LCA Forms to the local Import Control Authority,
within fifteen days.
8.6 Transmission of the copy of L/C for record of the Import Control
Authority: In all cases, the L/C
opening banks shall forward a legible copy of the L/C and copy of
amendment thereto, if any, to the concerned Import
Control Authority for their record within fifteen days.
8.7 Despatch of Income Tax declarations submitted by private sector
importers: The nominated bank of
the concerned private sector imports shall retain one copy of the
Income Tax declaration furnished by the private sector
importers and forward the other copies to the Director,(Research and
Statistics) National Board of Revenue,
Segunbagicha, Dhaka.
8.8 Change of Nominated Bank : If, both the Banks are located within
the jurisdiction of any particular Regional office of
Controller of Imports and Exports, change of nominated Bank can be
done if no objection is provided by both the Banks
and the matter has been informed to the Regional Office of
Controller of Imports & Exports.
CHAPTER THREE
FEES REGARDING IMPORTS
9.0
Registration Certificate:
9.1
Fees for registration and renewal:
9.1.1
Registered commercial importers and industrial consumers have been
classified into six categories on the basis of their value ceiling
of overall annual import for the year 2003-04 to 2005-06. Their
Registration (IRC) and renewal fees have been re-fixed as under:
|
Category |
Value Ceiling of annual import |
Initial Registration fees |
Annual renewal fees |
|
9.1.1.1 |
Tk. 1,00,000.00 |
Tk. 1,000.00 |
Tk. 1,000.00 |
|
.9.1.1.2 |
Tk. 5,00,000.00 |
Tk. 2,000.00 |
Tk. 2,000.00 |
|
9.1.1.3 |
Tk. 15,00,000.00 |
Tk. 3,000.00 |
Tk. 3,000.00 |
|
9.1.1.4 |
Tk. 50,00,000.00 |
Tk. 6,000.00 |
Tk. 5,000.00 |
|
9.1.1.5 |
Tk. 1,00,00,000.00 |
Tk. 10,000.00 |
Tk. 8,000.00 |
|
9.1.1.6 |
Above Tk.1 ,00,00,000.00 |
Tk. 15,000.00 |
Tk. 10,000.00 |
9.1.2 An
importer shall apply in writing to the concerned Import Control
Authority for registration in any of the six categories mentioned
above along with necessary papers and original copy of the Treasury
Chalan as evidence of payment of the prescribed registration fees.
Import Control Authority shall make an endorsement under seal and
signature on the IRC of each importer indicating the value ceiling
of annual import and the rate of renewal fees applicable in each
case.
9.1.3
Importers already registered shall submit two copies of application
in writing to their nominated banks indicating the category in which
they intend to be classified and shall pay renewal fees in cash to
their nominated banks against proper receipt at the rate prescribed
for the said category. The banks shall, in turn, deposit the
received amount separately with Bangladesh Bank or with Sonali Bank,
where there is no branch of Bangladesh Bank, under the Head of
Account "1/1731/0001/1801". The Bank shall make an endorsement under
seal and signature on the IRC of the importer indicating the value
ceiling of annual import and the rate of renewal fee applicable in
his case and return the original IRC to the importer concerned. The
nominated bank shall keep with it one copy of the importer's
application and send the other copy to the concerned Import Control
Authority along with original copy of treasury chalan regarding
payment of renewal fees. The Bank shall also furnish separate lists
of importers where Registration Certificates have been renewed by it
under each of the six categories mentioned above.
9.1.4
Renewal Fees for the concerned financial year shall be paid within
30 th
September of that year without any
surcharge. Any importer intending to open L/C for the purpose of
import before the aforementioned dates shall however be required to
first pay renewal fees properly for the financial year concerned at
the prescribed rate. Importers failing to pay renewal fees within
the above time limit shall have to pay, in addition to arrear
renewal fees, surcharge at the following rates:—
|
Surcharge for
delay for a
period not
exceeding one year
|
Surcharge for
delay for a period
exceeding one
year but not exceeding two years |
Surcharge for
delay for a period
exceeding two
years but not exceeding three years. |
|
Tk. 50.00 |
Tk 100.00 |
Tk. 200.00 |
9.1.5 In
case an importer already registered in one category intends to be
classified into a higher category, he/she shall submit two copies of
application for this purpose to his nominated bank and pay renewal
fees for the balance amount as per the rate applicable for the
relevant higher category in accordance with the procedure mentioned
above. The bank shall make necessary amendments on the IRC of the
importers concerned and send to the concerned Import Control
Authority one copy of the importer's application along with original
treasury chalan showing payment of additional amount of renewal
fees. No importer shall be allowed to open L/C in excess of the
value ceiling of annual import applicable for him. The importer
concerned and the bank shall be equally responsible for any
violation of this condition.
9.1.6 The
sponsoring authority (Board of Investment/BSCIC/BEPZA) while sending
recommendation to the Chief Controller of Imports and Exports for
issuance of IRC in favour of a new industrial unit shall clearly
mention the category under which the concerned industrial unit is to
be registered.
9.1.7
Indenters and exporters shall pay registration and renewal fees at
the following rates:—
|
|
Initial registration fees |
Renewal fees |
|
Indentor |
Tk. 20,000.00 |
Tk. 10,000.00 |
|
Exporter |
Tk. 3,000.00 |
Tk. 2,000.00 |
Indenters
shall pay renewal fees in cash to their respective nominated banks,
against appropriate receipt. The Banks shall, in turn, deposit the
received amount separately with the Bangladesh Bank or Sonali Bank,
where there is no branch of Bangladesh Bank, under the Head of
Accounts mentioned at sub-para 9.1.3 above and send the original
copies of the Treasury Chalan to the concerned Regional Import
Control Office for record and verification. Exporters shall deposit
renewal fees with the Bangladesh Bank or Sonali Bank, where there is
no branch of Bangladesh Bank, under the aforementioned Head of
Account and send the original copy of the Treasury Chalan along with
original export Registration Certificate to the respective Import
Control Authority in the first week of every month for endorsement
of renewal fees.
9.1.8
Indenters and Exporter shall pay renewal fees for the concerned
financial year within 30 th
September of that year without any
surcharge. Those who fail to pay renewal fees within the above time
limit shall pay surcharge, in addition to arrear renewal fees at the
following rate:—
|
Surcharge for delay for |
Surcharge for delay for a period exceeding |
Surcharge for delay for a period exceeding |
|
a period of one year or less |
one year but not exceeding two years |
two years, but not exceeding three years |
|
Indentor Tk 250.00 |
Tk. 500.00 |
Tk. 1,000.00 |
|
Exporters Tk. 50.00 |
Tk. 100.00 |
Tk. 200.00 |
All
concerned Banks shall send a list of those indentors who have paid
renewal fees to the concerned Import Control Authority within 1st
week of the month.
9.1.9
Importers, Exporters and Indentors who fail to pay renewal fees for
a period exceeding three years may submit applications to the Chief
Controller of Imports and Exports for renewal of their Registration
Certificates. The Chief Controller of Imports and Exports will
dispose of such applications on the merit of each case.
9.2
Registration Certificate Renewal Book : All registered
Importers, Exporters and Indentors must obtain a Registration
Certificate Renewal Book for endorsement of information relating to
the renewal. An amount of Tk. 50 (fifty) as fees for each renewal
book shall be deposited through Chalan under head of account no.
"1731/0001/1801 ".The Renewal Book shall be obtained together with
the Registration Certificate in case of new Registration Certificate
is issued. Importers, Exporters and Indentors who have already
received Registration Certificates will have to obtain Renewal Books
from their respective licensing office on submission of Chalan
showing payment of fees.
CHAPTER
FOUR
MISCELLANEOUS PROVISIONS
10.0
Import on Joint Basis—Importers all over Bangladesh may form one
or more groups for import on joint basis according to their
convenience on condition that the industrial consumers shall form
group or groups with other industrial consumers only and the
commercial importers may form group or groups with other commercial
importers. The procedure for import on joint basis is given at
Annex-3.
11.0
Import by Actual User—Individuals or institutions not being
registered importers, may import permissible items valued up to US
Dollar five thousand for their own use under cash foreign exchange
without any permission from the import Control Authority. Prior
permission from the Chief Controller shall be necessary in case of
such imports exceeding US Dollar five thousand. The above provision
shall also apply to the government servants and employees of
bodies-corporate set up by or under any statute for the time being
in force. Such applicants shall produce a certificate from their
respective Head of Department or Organisation to the effect that the
items(s) to be imported are for their actual use and not for sale.
Goods imported by actual users shall not be sold within one year of
their
import except with the permission of the concerned Import Control
Authority.
12.0
Import by Bangladeshi professionals abroad—Bangladeshi
professionals living abroad (Doctors, Engineers, Scientists etc.)
may import their own professional and scientific equipment out of
their own foreign exchange earnings abroad without any value
ceiling. In such case, permission or permit from Import Control
Authority shall not be required.
13.0
Import of Samples, Advertising Materials and Gifts—
13.1
Bonafide items of gift, advertising materials and samples may be
imported free of charge without any prior permission or permit from
the Chief Controller in the following cases during each financial
year.
|
Types of Importers |
Items |
Quantity/C&F value of the
item up to |
|
1 |
2 |
be allowed without
import permit/prior permission. |
|
Importers/lndentors/Agents
of allopathic |
Drugs & medicines
(allopathic) |
Tk.50,000.00 (Fifty
thousand) only |
|
All Importers, Indentors
and Agents. |
Other samples and
advertising materials |
Tk.75,000.00 (Seventy
five thousand) only |
|
Agents of foreign
manufacturers, |
New brand of item for
sale with a |
Tk.50,000.00 (Fifty
thousand) only |
|
appointed in Bangladesh. |
view to introducing them
to the consumers. |
|
|
Individuals/Organizations |
Bonafide items of gifts. |
Tk.25,000.00 (Twenty five
thousand) only |
Advertising materials shall include, among others, diaries,
brochures, posters, calendars, pamphlets and technical literature
related to the trade of the concerned importers as well as
ball-point pen, key ring and lighters with company-name
engraved/printed thereon.
13.2 With
a view to facilitating manufacture of products of new design(s) for
the purpose of export or production of goods locally according to
the choice of the foreign buyer(s) the following samples may be
imported by the concerned exporters without any prior permission
from the Chief Controller and without any permit during each
financial year, such-
If
import
of
samples
is
required
for
execution
of
export-orders
and
the
concerned
foreign
supplier
does
not
agree
to
supply
the
sample
free of
charge,
the
concerned
exporter/manufacturer may
import,
on the
basis
of recommendation
of Export Promotion
Bureau
and
with
prior permission
of Chief
Controller,
such samples
within
their respective value/quantity limit noted
above,
under cash
foreign
exchange, on
payment
of
price
for the
items
under the
normal
Banking
Rules.
For the
purpose
of
manufacture
of
item
for
export,
banned
or
restricted
items(s),
if
required,
may
also
be
imported
as
samples
within
their
respective
value/quantitative
limit
mentioned
above.
In
case
of
import
of
samples,
if
required,
in
excess
of
the
value
ceiling
mentioned
in
sub-paragraphs
13.1
and
this sub-paragraph,
prior
permission
of
the
Chief
Controller
and
Import
Permit
must
be
obtained.
13.3 If import
of
banned
items in finished
form
are
required
for
the purpose
of
local
production/assembling
of the same,
recognised
industrial units
under
the
respective sector
may
import
free
of
charge such
banned
items
as
free samples
not exceeding
2 Nos. of each model,
subject
to
the
prior permission
of
the
Chief Controller.
Local
agents
of the
foreign
supplier
will
also
get
similar
facility
for
import
of
such
items
as
samples,
if
required,
for
participation
in
tenders.
13.4
There
shall
be
no
value
ceiling
for
import
of
samples
and
advertising
materials
of
new
brand
free
of
cost
by
importers,
indentors
and
foreign
manufacturers'
agents
without
import
permit/prior
permission.
13.5
Gift
items
(including
items
in
the
Control
List)
upto
a
value
ceiling
of
ten
thousand
only
sent
in
non-commercial
quantity
by
Bangladeshi
national
living
abroad
for
use
by
members
of
their
family
shall
be
cleared
by
the
custom
authority
straight way
without any permit on
payment of usual
duties
and taxes. The number
of any
one variety
of such gift
items
shall
not
be
more
than
one
in
case
of electronic items and
five in case of other
items in
any
financial
year
within the
aforesaid
value
ceiling.
14.
Temporary
importation
with
conditions
for re-export
14.1
Agents
and
representatives
of
the
foreign
manufacturers
shall
be
allowed
to
import
on
temporary
basis
machinery
and
equipment
of
their
Principal
or
parent
company
for
arranging
demonstration
and
exhibition
in
Bangladesh
subject
to
the
conditions
stated
below:
14.1.1
the
goods
brought
into
Bangladesh
for
such
exhibition
or
demonstration
will
be
re-exported
within
a
period
of
one year;
14.1.2
the
importer
shall
execute
a
bond
and
furnish
a
Bank
Guarantee
or
undertaking
or
a
legal
instrument
to
the satisfaction
of
the
Customs
Authority
at
the
time
of
clearance
of
the
goods
regarding
their
timely
re-export;
14.2.0—
14.2.1
If
any
banned
or
restricted
item
is
included
in
the
equipment/
material
needed
to
be
imported
on
temporary
basis
for
the
implementation
of
any
development
project
or
for
any
other
specific
purpose,
prior
permission
of
the
Chief Controller
must
be
obtained
for
their
import.
14.2.2
Equipment/material
(excluding
banned
or
restricted
item(s)
imported
on
re-export
basis
under
sub-para
14.2.1 above
may
be
transferred
with
the
prior
permission
of
Chief
Controller
to
any
local
contracting
firm
at
a
concessionary rate
of
duty/duties
14.3 Import
under
'entre-pot'
system
will
be
made
on
the
basis
of
a
minimum
of
5%
value
addition.
The
word
'entre-pot'
or
Temporary
import'
shall
have
to
be
mentioned
in
the
declaration
of
product
in
such
case
of
import.
14.4 Any
item
including
the
items
in
the
Control
List
will
be
importable
under Bonded
Warehouse/100%
Bank Guarantee/Duty
Draw
Back system for
the
purpose of 100%
export
subject
to a
minimum of
10% value
addition. Such
imports
and re-exports
effected
thereof
will
be
processed on the
basis of
approval
by the
Customs Authority and under their
supervision.
14.5
For
sending
abroad
machinery/equipment/cylinder
for
repairing
or
refilling
or
maintenance
an
Export-cum-import
Permit
will have
to
be
obtained
from
Bangladesh Bank
submitting
a
Bank
Guarantee
equal to
the
value
of
the
commodity.
15.0
Import
into
and
Export
from
the
Export
Processing
Zone
(EPZ):
15.1
Import
into
and
export
from
the
EPZ
shall
remain
outside
the
purview
of
this
Order.
The
banking
and
customs procedure
relating
to
export
from
or
import
into
the
Export
Processing
Zone
to
or
from
any
country
outside
Bangladesh shall
be
regulated
in
accordance
with
the
instructions
issued
in
that
behalf
by
the
Bangladesh
Bank
and
the
National Board
of
Revenue
respectively
from
time
to
time;
15.2
All
statistics
regarding
import
into
and
export
from
Export
Processing
Zone
shall
be
maintained
by
the
Customs
Authority
concerned;
15.3
Subject
to
the
provisions
of
sub-paragraphs
15.4
and
15.5
below
all
movement
of
goods
between
the
Export
Processing
Zone
and
any
other
area
in
Bangladesh
outside
the
Zone
shall
be
regulated
in
accordance
with
the
existing
Imports
and
Exports
Control
regulations;
15.4
EPZ
Authority
shall
prepare
a
list
of
items
(on
the
basis
of
N.O.C.
from
the
NBR)
required
to
be
bought
from
the
Bangladesh
Customs
area
for
use
in
the
EPZ
area
and
get
the
same
approved
by
the
Ministry
of
Commerce.
Any correction
in,
or
amendment
to
the
said
list
may
be
made
in
accordance
with
the
same
procedure.
Industrial
units situated
in
the
EPZ
area
shall
pay
in
convertible
Currency,
out
of
their
own
foreign
currency
accounts,
the
cost
of
goods bought
from
the
Bangladesh
Customs
area
as
per
the
said
list.
EPZ
Authority
shall
issue
Pass
Books
in
favor
of
industrial
units
situated
in
the
EPZ
area
indicating
therein
the
amount
in
Taka
upto
which
goods
can
be
procured
locally
on
a
yearly,
half yearly
or
quarterly
basis.
The
EPZ
Authority
shall
determine
the
proforma
of
the
aforesaid
Pass
Book and
the
requisite
Accounting
System in consultation
with
the
Customs
Authority.
When
the value
ceiling
mentioned
in
the Pass
Book
will
be
exhausted
the
EPZ
Authority
may
endorse
a
fresh
value
ceiling
in
the
same
Pass
Book
or
issue
a
new
Pass
Book.
15.5
EPZ
Authority
shall
issue
necessary
"In-Pass"
and
"Out-Pass"
for
machinery
and
equipment
which
are
required
to
be brought
out
of
EPZ
area
for
the
purpose
of
repair.
On
the
basis
of
such
passes
the
Customs
Authority,
after
making necessary
entries
in
appropriate
register,
shall
allow
movement
of
machinery
and
equipment
out
of
the
EPZ
area
for
the purpose
of
repair
and
into
the
EPZ
area
after
repair.
However
the
documentation
and
accounting
procedure
for
such outward
and
inward
movement
of
machinery
and
equipment
shall
be
determined
by
the
EPZ
Authority
in
consultation
with
the
Customs
Authority.
16.0Additionalconditionsfor
importoffoodforhumanconsumption:—
16.1
In
case
of
import
of
milk,
milk
food,
milk
products,
edible
oil
and
other
food
items
produced
in
any
country,
test
of radioactivity
levels
present
in
those
items
is
mandatory.
It
is
to
be
noted
that
test
of
radioactivity
levels
of
vegetables
and
seeds,
which
may
be
used
as
food
directly
is
also
mandatory.
However,
hotels
of
international
standard
and
diplomatic
bonded
warehouses
may
import
their
necessary
food-stuff without
the
test
of
their
radioactivity
levels.
In
such
cases,
the
concerned
hotels
shall
procure
a
certificate
from
any
testing
agency
of
international
repute
or
any
competent
authority
of
the
country
where
the
food-stuff
has
been
produced
or
packed
to
the
effect
that
the
levels
of
radioactivity
present
in
them
are
within
the
acceptable
limits
as
determined
by
the
Government
of
Bangladesh.
The
certificate
so
procured
shall
be
submitted
to
the
customs
authority
along-with
Bill
of Lading.
In
addition
to
the
above
the
concerned
hotel
authority/diplomatic
bonded
warehouse
authority
shall
also
ensure
that
the
food-stuff
so
imported
are
fit
for
human
consumption
before
serving
or
selling
the
same
to
guests
or
customers.
16.2
In
case
of
import
of
food
items
from
any
country,
the
shipping
documents
must
be
accompanied
by radioactivity-test
reports from
the concerned
authority of
the exporting
country
indicating the
level of
CS
137 found
in such radioactivity-test
in each
kilogram of
food
items shipped. In
addition, a
certificate to the
effect that
the
items are
fit
for
human
consumption
shall
also
be
required;
16.3
Collection
of
representative
samples
of
such
food
item
from
on
board
the
ship
at
the
port
of
loading
and
despatch thereof
shall
not
be
necessary;
16.4
The
following
procedure
shall
be
applicable
in
the
matters
of
radioactivity-test
of
food
items
to
be
imported
from any
country:
16.4.1
Prior
to
shipment
of
the
aforesaid
item(s)
the
inspection
agent
of
the
supplier
or
buyer/consignee
shall
make necessary
arrangement
for
the
test
of
radioactivity
levels
for
such
items.
Prior
to
the
arrival
of
a
ship
carrying
such items
at
a
Bangladeshi
port,
the
buyer
or
consignee
or
his
inspection
agent
shall
make
necessary
arrangement
for sending
by
courier
the
certificate
regarding
radioactivity-test
to
the
concerned
Customs
Authority.
No
goods,
the
radioactivity
level
of
which
is
above
the
acceptable
limit
shall
be
shipped.
However,
in
case
of
import
of
food
items, which
were,
produced
neither
in
any
European
country
nor
packed/
tinned
in
or
shipped
from
the
third
country
submission of
the aforesaid
certificate about
radioactivity-test
to the
Customs Authority shall not
be
required. But
a report
on radioactivity-test
indicating the level
of CS
137
found
per kilogram
of the item
concerned
and a
general
certificate to
the effect
that the
items are
fit
for
human consumption
must be enclosed
with the
Bill of
Lading.
16.4.2
Only
after
satisfactory
fulfillment
of
the
conditions
laid
down
in
sub-para
16.2
and
clause
16.4.1
above
the
Customs
and
the
Port
Authority
shall
allow
the
unloading
of
the
concerned
goods
from
the
ship
to
the
jetty.
16.4.3
On
arrival
of
a
ship
carrying
the
aforesaid
items
at
a
Bangladesh
Port
the
Customs
Authority
shall
collect
the
required
number
of
samples
of
the
items
carried
by
the
ship
in
presence
of
the
importer's
representative
and
the
port authority
(samples
are
to
be
collected
from
the
port
area)
or
the
master
of
the
ship
(in
case
special
appraisement
is
to
be
made
while
the
ship
is
still
at
the
outer
anchorage
or
morning)
and
shall
properly
pack
the
samples
and
attach
to
it
a
tag
made
of
hardboard
as
per
proforma
given
by
the
Bangladesh
Atomic
Energy
Commission.
The
tag
so
attached shall
bear
the
signature
of
all
those
who
were
involved
in
the
collection
of
the
sample
i.e.
the
representative
of
the customs authority,
the importer's
representative
and the representative of port authority
or the master of the ship, as
the
case
may be.
After packing
and tagging the samples as
mentioned above, the
Customs
Officer
concerned
shall
send
it
to
the
customs
samples
room.
The
samples
room
shall
keep
proper
record
of
the
samples
and
hand
over
the
same
to
the
Officer/
Staff
of
Bangladesh
Atomic
Energy
Commission
against
appropriate
record
and
signature.
After receipt
of
the
samples
in
the
Laboratory
Bangladesh
Atomic
Energy
Commission
shall
within
twenty-four
hours,
send
to
the
Customs |