IMPORT POLICY ORDER
2003 -2006
Ministry of Commerce
Government of the People's Republic of Bangladesh
 

Content

SI. Chapter  Subject  Page No. 
1 Chapter One  Introduction  1
2 Chapter Two  General provisions for Import  4
3 Chapter Three  Provisions regarding Import fees  15
4 Chapter Four  Miscellaneous provisions  18
5 Chapter Five  General provisions for industrial imports  29
6 Chapter Six  Provisions for Import by Commercial Importers  41
7 Chapter Seven  Import by Public Sector Importers  49
8 Chapter Eight  Import Trade Control (ITC) Committee  51
9 Chapter Nine  Compulsory Membership of recognised. Chamber of  52
    Commerce and Industry and Trade Association  

 

 

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 30th 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 30th 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