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A
Bonded Warehouse License is issued
under the provisions of section 13
of Customs Act’1969. However, in
case of Diplomatic Bonded Warehouse,
the licenses were issued with the
prior approval of the C.B.R.
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As
provided under sub-section(2) of
section 13 of the Customs Act’1969,
an application for the grant of
license shall be made in the
prescribed form
Annex-B along with following
documents :-
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Map of the proposed area.
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Article and Memorandum of
Association in case of company and
copy of partnership deed in case of
partnership firm.
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Certificate from a scheduled bank
showing soundness of financial
position.
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Income Tax Registration Certificate.
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Details of Directors and authorized
persons.
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Certificate of Membership of Chamber
of Commerce and Industry.
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Lease / Tenancy Agreement.
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Copies of National identity Card(s)
& Character Certificate(s).
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Comprehensive Insurance Policy from
an approved Insurance Company.
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Survey Certificate issued by the
approved surveyor.
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Besides the
requirements mentioned above, all
other conditions required under the
customs Act’1969 or any other law
for the time being in force shall
also be fulfilled.
The permission for Import of liquor
is, however, granted to non-Muslims
only.
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The
diplomatic bonded warehouses are
dealing in Import of goods Imported
exclusively for the use of
diplomats, foreign missions and
privileged persons. As such, all
such goods / items which are used by
the diplomats, foreign missions and
privileged persons can be Imported.
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The
goods are not Imported against L/C.
The Importer (holding diplomatic
bonded warehouse license) Import
goods on contract basis and store
the same in his warehouse.
Subsequently goods are sold to
diplomats / privileged persons
according to their requirement and
exemption certificates issued by the
Ministry of Foreign Affairs.
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The
purchase will be made strictly
according to the quota fixed by the
Ministry of Foreign Affairs and
quantities mentioned in the
exemption certificate.
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Quota
is allotted and purchases are
authorized by the Ministry of
Foreign Affairs.
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The
strength of the diplomatic community
in the country which benefits from
the warehouses is maintained by the
Ministry of Foreign Affairs.
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The
licensee of a bonded warehouse
cannot open its sub-office in other
cities.
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Periodical stock taking is
conducted. The audit is also carried
out by the staff of the Director
General, Revenue Receipt Audit on
quarterly basis. Moreover, insurance
policy is obtained from the bonders
covering all risks including
pilferage etc. Besides there are
specific provisions in Chapter-XI
and Chapter-XVIII of the Customs
Act’1969. In case of detection of
any pilferage or misuse of the
facility, penal action under the
relevant clauses of sub-section (1)
of sectin 156 of the Customs
Act’1969 can also be initiated.
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Every
bonder cannot Import liquor. The
Import permission from Ministry of
Commerce is necessary for the Import
of liquor for a diplomatic bonded
warehouse.
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A
Muslim can not Import or deal in
liquor in the diplomatic bonded
warehouse.
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Liquor
is allowed to Diplomats against the
Exemption Certificates issued by the
Ministry of Foreign Affairs.
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Liquor
can be purchased by diplomats
according to the quantities
mentioned in the exemption
certificates issued by the Ministry
of Foreign Affairs. Privileged
persons can purchase liquor
according to the quota provided in
the Model Rules and CGO.15/96 which
is as under :-
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According to CGO.15/96, the
Import / purchase of alcoholic
beverage is restricted to US$
200/= per family per month by
expatriate employees of foreign
or local companies, loan funded
projects or media personnel.
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According to the Model Rules
dated 15-04-1963 for customs
concessions to privileged
personnel arriving under various
foreign aid programmes or
projects, Import / purchase of
liquor can be made as per
following quota.
Privileged Person
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On first arrival in Pakistan
a privileged person shall be
allowed to Import free of
duty and taxes foodstuff and
other consumable stores
including liquors and
tobacco up to C&F value of
US$ 200/- under chapter III
of SRO 450(i)/01.
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During the period of his
assignment he shall be
allowed to Import free of
duty and taxes foodstuff and
consumable stores including
liquor and tobacco up to C&F
value of US$ 150/- per month
but the value of liquor will
not exceed US $50/- per
month.
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In addition to above, the
privileged person shall be
allowed to Import on payment
of duty and taxes foodstuff
and consumable stores
including liquor and tobacco
up to a C&F value of US$
200/- per month but the
value of liquor will not
exceed US$ 100/- per month.
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The privileged personnel may
Import the monthly quotas
cited above for a maximum
period of six months at a
time.
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As per
practice in vogue, the license of
the Diplomatic Bonded Warehouse is
renewable every year.
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There
is no fee prescribed for the grant /
renewal of diplomatic bonded
warehouse license. Only
establishment charges are realized
(forty thousand only) is charged on
annual basis.
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The
requisite information in respect of
Preventive Collectorate is enclosed
as Annex-C.
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Procedure
of Clearance of Liquor From
Diplomatic Bonds / Warehouses
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A
diplomatic bonded warehouse is a
bonded warehouse licensed under
section 13 of the Customs Act’1969.
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Provisions of Chapter XI
(Warehousing) are relevant for
Importing and clearance of liquors
in these warehouses that is :-
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Import, the liquor is warehoused
on in-bond bill of entry.
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Clearance from warehouse is made
on ex-bond bill of entry filed
under section 104 of the Customs
Act’1969.
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The
procedure for handling transactions
in diplomatic bonds is almost the
same as is applicable to goods
warehoused and ex-bonded from
private / public bonded warehouse.
The legal provisions have been given
in Chapter XI (sections 84 to 119 of
the Customs Act’1969).
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The
difference in the operation of
diplomatic bonds and other bonds is
that the diplomatic bonds deal
exclusively in goods required to be
supplied to the diplomatic missions,
diplomats and privileged personnel
etc. These goods include liquor
also.
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The
warehoused lipuor is cleared for
supplying on ex-bond bills of entry.
The ex-bond bill of entry is
prepared by the bonders according to
quantities mentioned in the
exemption certificates issued by the
Ministry of Foreign Affairs for the
diplomats and diplomatic missions
and according to prescribed quota
fixed by the FBR from time to time
in respect of privileged personnel.
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The
ex-bond bill of entry after
completion is forwarded to Examining
Officer (Incharge) diplomatic bond /
concerned.
- Proper ledgers are maintained at the
bonded warehouses.
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On
receipt of duly completed bill of
entry, EO Bond enters the
particulars of the supplies in the
Bond Ledgers and gives duplicate
copy of the bill of entry to bonders
for making supplies to concerned
diplomat / privileged personnel. In
fact, the warehouse keeper gives
delivery against receiving payment
in foreign exchange which is
ultimately to be reported to the
State Bank of Pakistan on monthly
basis.
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Up to
Serial No. 8, Customs formalities
are required to be completed. Then
starts proceeding under Provincial
Excise Department who reportedly
issues TPs in case of supplies to be
made to upcountry personnel /
diplomats and the goods are
generally dispatch through transport
companies.
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The
role of the warehouse keeper can be
termed as "Commission Agent".
He arranges Import of liquor and
warehouse the same in his licensed
warehouse. From the warehouse, he
makes supplies to designated
diplomatic mission, diplomat or
privileged person etc. He charges
the value of liquor so supplied in
shape of cheques in foreign currency
accounts and after deducting his
commission remits the balance to the
shippers. All these transactions are
governed under the provisions of
Foreign Exchange Regulations
Act’1947 through the State Bank of
Pakistan.