Islamabad: In a significant move to streamline customs operations and enhance efficiency, the Federal Board of Revenue (FBR) has issued a detailed Standard Operating Procedure (SOP) for the Facilitation Mechanism (FM) at ports, inland dry ports, and border customs stations across Pakistan. The new SOP, issued under the authority of the Customs Wing, aims to ensure smoother coordination between customs formations and the Facilitation Team, particularly in cases requiring intervention.
The SOP, addressed to Mr. M. Yaqoob Mako, Head of the Facilitation Mechanism at the Custom House in Karachi, outlines specific procedures for handling various scenarios that may arise during the customs clearance process. The directive emphasizes that all actions henceforth will be conducted in accordance with the provisions stipulated in the SOP.
Key Highlights of the SOP:
1. Exceptional Cases Requiring Action Before Filing of Goods Declaration (GD):
– In situations where the Facilitation Mechanism possesses crucial information necessitating action before the filing of a Goods Declaration (GD) at entry ports, including airports and dry ports, the designated FM officer will request the concerned Collector or Director in writing for an examination in the presence of the FM team.
– The Deputy Collector (Examination) of the relevant Collectorate will coordinate the examination of the consignment.
– The Examination Report will be jointly signed by members of the Collectorate/Directorate and the FM team.
– The Collectorate/Directorate will assess the goods based on the examination report once the GD is filed.
– Upon completion of the examination, assessment, and necessary scrutiny, the concerned Collector/Director will ensure that warranted actions are taken in accordance with the law.
2. GD Filed but Examination Not Completed:
– If the FM wishes to participate in the examination of goods where the GD has been filed but the examination has not been completed by the Collectorate, the designated FM officer will inform the concerned Collector/Director in writing.
– The Deputy Collector (Examination) will arrange for the examination to be conducted in the presence of the FM team.
– The Examination Report will be jointly signed by both parties, and the Collectorate/Directorate will assess the goods based on the report.
3. GDs Where Examination/Assessment Completed Before Gate-Out:
– In cases where examination and assessment have already been completed by the Collectorate/Directorate, the designated FM officer will inform the concerned Collector in writing.
– If the WeBOC system is not operational, FM officers will request the relevant Assistant Collector/Deputy Collector to detain the goods.
– The Deputy Collector (Examination) will arrange for a re-examination in the presence of the FM team.
– The Re-Examination Report will be jointly signed, and in case of discrepancies, the Collector/Director will ensure re-appraisal and necessary legal actions.
– If discrepancies are found due to errors or omissions by customs staff, the Collector/Director will fix responsibility and initiate legal action.
4. General Guidelines:
– All interventions in the above scenarios will be carried out jointly, in accordance with the law and the procedures defined in the SOP.
– The FM team will not unilaterally intervene in customs processes or examinations of goods before they are assigned to gate-out. However, if goods have been assigned to gate-out, the FM may direct the concerned Collectorate/Directorate to take further warranted actions or proceed as per the law.
5. Timelines for Warranted Actions:
– FIRs, where necessary, must be lodged within 48 hours of the completion of examination/assessment and scrutiny.
– Contravention or adjudication proceedings must be initiated within 72 hours of the completion of examination/assessment and scrutiny.
– Departmental or disciplinary proceedings against involved officials must begin within seven days of framing the contravention report.
– The concerned Collector/Director will personally supervise investigations, including the examination of previous imports and trends, and refer cases under the Anti-Money Laundering Act (AMLA) where necessary.
Implications of the New SOP:
The introduction of this SOP is expected to bring greater transparency and efficiency to the customs clearance process. By clearly defining the roles and responsibilities of the Facilitation Mechanism and customs formations, the FBR aims to reduce delays, prevent discrepancies, and ensure that all actions are taken in compliance with the law.
The SOP also emphasizes accountability, particularly in cases where discrepancies are found due to errors or omissions by customs officials. By fixing responsibility and initiating legal actions, the FBR hopes to deter malpractice and improve the overall integrity of the customs process.
Conclusion:
The new SOP for the Facilitation Mechanism represents a significant step forward in Pakistan’s efforts to modernize its customs operations. By streamlining procedures and ensuring greater coordination between different stakeholders, the FBR aims to facilitate trade while maintaining strict compliance with legal and regulatory requirements. This move is likely to be welcomed by businesses and traders who have long sought more efficient and transparent customs processes.