IMPORT POLICY ORDER

2012-2015

Ministry of Commerce

Government of the People’s Republic of Bangladesh

Import Policy Order, 2012-2015

CONTENTS

(The  Import  Policy  Order,  2012-2015  has  been  published  both  in  Bengali  and  English

Languages. If there is any inconsistency between the two versions the Bengali text will prevail)

(Published by the Authority in Bangladesh Gazette Extraordinary dated Monday,

24th December 2012)

GOVERNMENT OF THE PEOPLE’S REPUBLIC OF BANGLADESH MINISTRY OF COMMERCE

ORDER

Date: 05-09-1419 BS/19-12-2012 A.D

No. S.R.O. 411-Ain/2012- In exercise of the powers conferred by section 3(1) of the Imports and Exports (Control) Act. 1950 (Act XXXIX of 1950), the Government is pleased to make and issue the following order.

CHAPTER ONE Prelude

1.         Short Title, Application, Duration, etc.-

(1)       This Order may be called the Import Policy Order, 2012-2015.

(2)       Unless otherwise specified, this Order shall apply to all imports into Bangladesh. (3)      It shall come into force immediately and shall remain in force up to 30th  June,

2015:

However, it will remain in force after the expiry of the validity until the new Import

Policy Order is issued.

(4)      Notwithstanding anything contained in this Order, any notification, circular or order issued time to time by the government regarding import under Finance Act or  any  other  law  which  does  not  conform  this  import  policy,  shall  have preference over this Order.

2.         Definitions. -– In this order, unless there is anything repugnant to the subject or context---

(1)       ‘Entre-port Trade’ means such trade in case of which imported goods could be exported to a third country at a price minimum 5% higher without changing quality, quantity or shape  and without allowing the said goods to be brought out side the port area but can be carried, with the permission of the Ministry of Commerce, from one port to another port for the purpose of exports.

(2)       “Act” means, The Imports and Exports (Control) Act, 1950 (Act,XXXIX of 1950) ; (3)            “Importer” means the ‘Importer’ as defined in article 2(f) of Importers, Exporters

and Indentors (Registration) Order,1981;

(4)      “Import Control Authority” means the Chief Controller of Imports and Exports and includes any other authorized officer to issue licenses, permits or registration certificates as per the relevant provisions of the Act and   rules & orders issued under this Act.;

(5)      “Basis of Imports” means percentage, rate or formula adopted for determining the share of a registered importer;

(6)      “Import value” means CFR value of imported goods for entre port trade or re- export ;

(7)      “Indentor”  means  an  indentor  as  defined  in  article  2(g)  of  the  Importers, Exporters and Indentors (Registration) Order,1981;

(8)       H.S.  Code  Number means the  H.S.  Code  comprising eight  or  more digits pertaining to classification of commodities;

(9)      “L/C” or Letter of Credit means letter of credit opened for the purpose of import under this Order;

(10)    “L/C Authorization Form (LCA)” means the form prescribed for authorization of opening of L/C;

(11)     “Clearing and Forwarding Agent (C&F Agent)” or    “Freight Forwarder (FF)”

means a person or an organization acting as C&F agent or as F.F.:

Provided that such person or organization must possess TIN and all activities of the mentioned organization must be computerized.

(12)    ”Food Products” means food products fit for human consumption directly or after processing.

(13)    “Registered  Importer”  means  an  importer  registered  under  the  Importers, Exporters and indentors (Registration) Order, 1981;

(14)    “Controlled list“ means the list of items, import of which is controlled and given in the table of annexure-1;

(15)     “Goods” means the list of goods specified in the First Schedule of Customs Act,

1969 (Act No.IV of 1969);

(16)     “Annexure” means an annexure appended to this order;

(17)    ”Permit” means an authorization for Import and Export, and includes import permit, clearance permit, import permit on returnable basis, export permit or export-cum-import permit as the case may be issued by Import Control Authority.

(18)    The  “Sponsor"  means  Board  of  Investment  (BOI)  or  Bangladesh  Export Processing Zones Authority (BEPZA) or Bangladesh Economic Zones Authority (BEZA)  or  BSCIC  or  Bangladesh  Handloom  Board  in  case  of  handloom industries run by Weaver’s Association;

(19)     “Re-export” means export of any imported item within specific period with at least  10%  value  addition  to  the  import  value  after  reprocessing  the  said imported item locally by changing either its quality or shape or both;

(20)    “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;

(21)      “Chief Controller” shall have the same meaning as given in section 2(a) of the

Imports and Exports (Control) Act, 1950.;

(22)     “Expatriate Bangladeshi” means foreign exchange earning Bangladeshi citizens working/living abroad;

(23)    “Commercial importer” means an importer registered under the Importers, Exporters and Indentors (Registration) Order,1981 who imports goods for sale without re-processing ;

(24)    “Fish or Livestock or Bird’s feed” means feeds which are directly imported as feed or used as Fish or Livestock or Bird after processing;

(25)    “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;

(26)    “Industrial consumer” means industrial unit registered as an  Industrial   importer under the Importers, Exporters and Indentors (Registration) Order, 1981 which is

100% Bangladeshi industrial unit and a foreign investor registered with relevant sponsoring authority ;

(27)   “Public sector importer” means importers being government organizations or institutes, statutory bodies, corporations and public universities; and

(28)    “Plant and Plant product” means plant species or products originates from plant or live and dead portion of plant with seeds, reproductive of plant source, Germplasm, processed or unprocessed source of plant which for their characteristics or for the process able to carry, transmit and spread diseases and packing materials and cotton.

Top

CHAPTER TWO General Provisions for Import

3.         Regulation of Import- Import of goods under this Order shall be regulated as follows:

(a)       Unless otherwise specified in this order, the items banned for import in the list

(annexure-1) shall not be importable:

Provided  that,  those  items  which  are  importable  on  fulfillment  of  certain conditions specified in the list shall be importable on fulfillment of those conditions;

(b)      Except the items specified in the sub-para (a) all other items are importable freely;

(c)     While determining the import status of an item mentioned in the ‘Control List’(annexure-1), if any discrepancy arises between the H.S. Code and the description of goods, the description of goods shall prevail.

[Explanation--- Items mentioned in the foot note given after the restricted list

(annexure-1) shall be treated as banned items.]

4.     Conditions for regulating import. ---- 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 or for imposition of any other provision such restriction shall be subject to the following conditions:--

(a)      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/ Bangladesh Tariff Commission shall strictly monitor production of that industrial unit regularly;

(b)      The  industrial  units  (Protected  Industry)  which  are  specially  engaged  in “assembling  type”  activities  shall  have  to  actively  and  expeditiously  move towards progressive manufacturing ;

(c)      Except due to the rise of price of raw materials or the decline in the rate of exchange, if the price of an item increases or the price of finished product increases disproportionately than the rise in the price of the raw materials  in  the international market, the ban on the import may be revoked on the recommendation of the concerned sponsoring authority or Tariff Commission;

(d)      Goods from Israel or goods produced in that country and also goods carried in the flag vessels of that country shall not be importable.

(e)      However, if any one is aggrieved by any decision regarding ban or restriction on import of any item, that person or organization can submit his representation to the Bangladesh Tariff Commission. The Bangladesh Tariff Commission will duly examine such a representation and furnish its recommendation(s) to the Ministry of Commerce for consideration.

5.      General Conditions of Import of goods- ---

(1)   H.S. Code Number for import purpose, use of H.S. Code with at least eight digits corresponding to the classification of goods as given in the First Schedule of the Customs Act,1969 (Act No. IV of 1969) based on the Harmonized Commodity Description and Coding System, shall be mandatory:

Provided that, Bank shall not issue L.C. Authorization form or open L/C without correctly mentioning H.S. Code number for the item(s).

(2)    NOC on the basis of ROR (Right of Refusal)---

(a)        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:

Provided that 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 NOC issued by the Ministry of Industries or by the Sponsoring Ministry/Division or by both, as the case may be;

(b)        In case of import of restricted items for approved projects  financed under foreign aid, the concerned Ministry, Department, Agency or corporation will approach the Ministry of Commerce directly for decision furnishing a list of the items duly certified giving detailed description and provisions of contract of the aided project, etc. and other necessary information along with quantity or number, price and H.S. Code Number of each item to be imported.

(3)    Pre-shipment inspection---

(a)         In  this  order  where  there  is  condition for  pre-shipment inspection  of imported goods the said condition has to be complied with; and

(b)         Unless otherwise specified, in case of export and import, shipment of goods can be made under The Bangladesh Flag Vessels (Protection) Ordinance, 1982 (Ord. No.XIV of 1982).

(4)    Import at competitive rate---

(a)         Import shall be made at the most competitive rate and it is obligatory for the  importers,  at  any  time,  to  submit  documents  to  Import  Control Authority regarding the price paid or to be paid by them;

(b)         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 at least three suppliers/indentors representing at least two source countries.

Provided that, this condition shall not apply for opening L/C up to Tk. One lac; and

(c)         For import at the most competitive rate by the Public Sector importers, quotations have to be invited before opening letter of credit and goods shall be imported at the most competitive price.

(5)    Import on CFR, CPT, FOB, CIF, CIP, DAT, and DAP basis-

(a)          Goods can be imported on CFR, CPT, FOB, CIF, CIP, DAT, and DAP

basis defined in the incoterms by water, land and airways;

Provided that in case of import on FOB basis the concerned importer shall have to properly comply with foreign exchange regulation;

(b)         Unless there is specific provision in the relevant loan agreement/project agreement concluded with the foreign donors for import on CIF or CIP basis, no import shall be allowed on CIF or CIP basis without prior approval from the Ministry of Commerce;

(c)         Any expatriate Bangladeshi with income earned abroad and any foreign investor with his share of equity can send capital machineries & raw- materials on CIF or CIP basis;

(d)          Goods from foreign countries free of cost or gift items are importable on

CIF or CIP basis;

(e)         Before opening L/C, necessary insurance cover note shall be purchased from the Sadharan Bima Corporation in case of import by the Government and from Sadharan Bima Corporation or any non-life insurance company approved by the Government in case import by the private sector. The insurance policy has to be submitted to the Customs Authority during release of imported goods from the customs Authority;

(f)           Food items can be imported by Ministry of Food and Ministry of Relief and

Rehabilitation Management on CIF or CIP basis;

(g)         Commercial goods can be imported by postal service through post offices which are declared as custom stations subject to the compliance of  all relevant rules and regulations of this Order;

(h)          Bolder stone can be imported from India by waterways.

(6)    Import by mentioning “Country of Origin”---

(a)         In all cases of import, “country of origin” shall be mentioned clearly on the package and container of goods;

(b)       A certificate regarding “country of origin” issued by the concerned Government agency, approved authority or organization of the exporting country must be submitted, along with import documents to the Customs Authority at the time of release of goods : Provided that the provisions of “country of origin” shall not be applicable to coal and export oriented garments industries;

(c)         Protection of  Intellectual-property right:  In  case  of  import  of  branded goods registered under any law related to intellectual property in Bangladesh copy of intellectual property certificate in favour of concerned branded goods certified by the Intellectual property right holder of the exporting country, shall be submitted to the Customs Authority;

(d)         In case of import of cotton it shall not be required  to mention “country of origin” on each bale : Provided that “country of origin” need not be mentioned in the phyto-sanitary certificate;

(e)         Subject to the conditions imposed by the Foreign Exchange Regulation Act,1947 (Act VII of 1947), Bangladesh Bank and Commercial Banks, “country of origin” need not be mentioned by the 100% export oriented industries approved by Customs Authority including the industries importing raw materials for the use of said industries.

(f)          In case of import Aluminium Ingot , Zinc Ingot along with other Non- ferrous and Ferrous metals, “country of origin” need not be mentioned.

(g)         In case of import of Limestone, in different consignments/lot by the rope- way or by river, as raw-materials for Chattak Cement Factory, “Country of Origin” certificate from the exporting country’s Government, approved authority or organization shall be submitted once to the Customs authority at the time of release of goods, instead for each consignment/lot for the quantity mentioned in L/C.

(7)    Inscription of Name, Address and TIN of Importer-

Except in the case of following imports, the name, address and TIN 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, as:---

(a)         For the products imported uncovered and in bulk;

(b)          For products valued up to US$ 5000(five thousand) in each challan; (c)               For import in government sector;

(d)         For import of approved foreign aid-based projects;

(e)         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;

(f)           For imports under the Transfer of Residence Baggage rules,2000 ; (g)               For goods imported by the actual user;

(h)         For Import by the Diplomatic Missions;

(i)          For Import by the 100% export oriented Industrial units under Bonded

Ware house;

(j)            For goods imported on returnable basis; (k)               For export-cum-import goods;

(l)          For goods imported on entre-pot basis;

(m)         For import by various educational institutions/charitable organizations/

hospitals;

(n)         For goods sent by Bangladeshi nationals living abroad.

6.  Source of finance--- Import may be allowed under the following sources of finance, as:- (a)           Cash –

(i)          Cash  foreign  exchange  (balance of  the  foreign  exchange  reserve  of

Bangladesh Bank);

(ii)       Foreign currency accounts maintained by Bangladeshi Expatriates working/living abroad;

(iii)        External economic aid (Commodity Aid, Loan, Grant);

(iv)        Commodity exchange: Barter and Special Trading Arrangement (STA) .

(b)     Commercial importers and industrial consumers may utilise their respective shares under Barter/STA as per basis notified.

(c)   Import under the Special Trading Arrangements (STA) concluded with prior approval/permission of the government, shall be subject to the specific procedures laid down by the government in this respect.

(d)     The provision of sub-para (a) (iv) of this para will remain effective only upto the time of completion of on-going agreements.

7.  Fund provision for financing import- Unless otherwise specified, the importers shall import primarily against cash foreign exchange.

8.  Import procedure- Import shall be made as per following procedure:-

(1)     Import Licence not required- Unless otherwise specified, no import licence will be necessary for import of any item.

(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.

(3)     Import through L/C- Unless otherwise directed import will be effected only through opening irrevocable L/C:

Provided that  each consignment of quickly perishable food  items worth US dollar Fifty Thousand via Teknaf Customs Station, essential food items and raw materials used in industry worth US Dollar Ten Thousand and capital machinery irrespective of price limit  via other custom land  stations can be imported against LCA Form without L/C. ;

Provided further that conditions stated in sub para (6) shall be uniformly applicable and importers shall be registered with authorized dealer Bank for importation without L/C.

(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:

(a)       Import  of  books,  journals,  magazines  and  periodicals on  sight  draft  or usance bill basis;

(b)      Import of any permissible item for an amount not exceeding US Dollar

100,000/- (hundred    thousand) is allowed only during each financial year against remittance made from Bangladesh, but in case of Myanmar---

(1)          Import of rice , pulse, maize, beans, ginger, garlic, soyabin oil, palm oil, onion  and fish items valued not exceeding 50,000/- (fifty thousand ) US dollar in a single consignment and other items valued 30,000/-(thirty thousand) US dollar and

(2)         Import of rice under Public Sector valued upto US dollar two million in a single consignment shall be importable without L/C and in this case above mentioned annual ceiling of hundred thousand US dollar shall not be applicable.

(c)      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

(d)      Import  of  “international  chemical  references”  through  Bank  drafts  by recognised pharmaceutical industry on the approval of Director, Drugs Administration for the purpose of quality control of their products.

(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, as for example---:

(a)      Import  of  books,  magazines,  journals,  periodicals  and  scientific  and laboratory equipments against surrender of UNESCO Coupons;

(b)      Import under Pay-As-You-Earn-Scheme in the following cases only on the basis of clearance of the Bangladesh Bank :

(1)          New  or  not  exceeding  ten  years  old  plant  and  machinery  of permissible specification;

(2)            New or not exceeding five year old motor cars;

(3)          Cargo or passenger vessel of steel or wooden bodies, including refrigerated vessel of any capacity either new or not exceeding fifteen years old :Provided that in case of ocean going old ships, not exceeding twenty five years old shall be importable;

(4)          Import of plant and machinery for export-oriented industrial units with   the   clearance  of   the   competent   sanctioning  authority, wherever necessary;

(5)          Trawlers and other fishing vessels, either new or not exceeding twenty five years old: Provided that 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;

(c)     Import of item(s) by passenger coming from abroad in excess of the permissible limits of quantity/value as per the relevant baggage rules, provided the import of the said item(s) is permissible under the relevant baggage rules;

(d)       Import of samples, advertising materials and gift items above the ceiling prescribed as per paragraph 12 of this Order;

(e)      Import of only drugs and herbal medicines under 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 procedure in this behalf;

(f)       Import of capital machinery and spare parts, as share of capital of the foreign share-holder for an approved joint venture or 100% foreign investors industrial unit already set up or to be set up;

(g)       Import of any other goods, not specifically exempted from permit.

(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)     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, in such case-

(a)            No permission or import permit from the Import Control Authority shall be necessary;

(b)          In this case a certificate from the Bangladesh embassy in that country as an earner of foreign exchange has to be submitted. Sender’s passport number, occupation, annual income, period of stay abroad etc. shall have to be mentioned in that certificate;

(c)            The  payment receipt of  the  goods  shall  have  to  be  certified by  the

Embassy.

(8)      Time limit for opening of L/C-

(a)          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 issue /registration of LCA form:

Provided that the above time limit may be extended upto such time as deemed fit by the Chief Controller of Import and Export;

(b)          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.

(9)     Validity of shipment for goods-

(a)            Unless, otherwise specified, shipment of goods shall be made within

17(seventeen) months in the case of machinery and spare parts and 9( nine) months in the case of all other items from the date of issuance of LCA Form by Bank.

(b)        Shipment of goods under commodity aid/grant, and account trade arrangement/counter trade arrangement shall be effected within the time limits as may be notified by the Chief Controller;

(c)          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.

(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 imposition of ban or restriction on any item(s).

(11)  Document required to be submitted along with LCA Form- Importers in both public sector and private sector shall submit to their nominated Banks the following documents along with the L/C Authorisation Form for opening Letter of Credit:

(a)            L/C Application Form duly signed by the importer;

(b)          Indents for goods issued by Indentor or a Proforma Invoice obtained from the foreign supplier, as the case may be; and

(c )           Insurance Cover Note.

(12)  Additional documents to be furnished by public sector importers- In addition to the documents mentioned in sub-paragraph (11) above, public sector importers shall submit the attested photocopy of sanction letter from the administrative Ministry or Division or Authority, wherever applicable;

(13)  Additional documents to be furnished by private sector importers- In addition to the documents mentioned in sub-paragraph (11) above private sector importers will be required to submit the following documents, as :---

(a)         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;

(b)            Renewed Import Registration Certificate for the concerned financial year; (c)       A  declaration,  in  triplicate,  that  the  importer  has  paid  income-tax or

submitted income tax return for the preceding year;

(d)          Proof of having Tax Identification Number (TIN) in all cases of imports, excepting personal  use;

(e)          Any such document as may be required as per Public Notice, or Order issued by Chief Controller, from time to time under this Order;

(f)             Any necessary papers or documents according to this Order;

(g)          Insurance Cover Note either from Sadharan Bima Corporation or from any Bangladeshi Insurance Company and duly stamped insurance policy against this cover-note, which shall have to be submitted to the Customs Authority during release of goods.

(14)    Violation of the requirement of LCA/LC-

(a)          Shipment effected before issuance of the L/C Authorisation Form by the nominated Bank and registration with the authorized dealer 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.

(b)          L/C  Authorisation  Form  obtained  on  the  basis  of  false  or  incorrect particulars or by adopting any fraudulent means shall be treated as invalid and void abinitio.

(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.

(16)  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:

(a)            Acceptance of LCA Forms by the nominated banks-

(i)      LCA Forms and other relevant papers shall be submitted by recognised industrial units in the private sector and registered commercial importers to their respective nominated bank for the purpose of import by opening L/C.

(ii)      While accepting LCA Forms from a private sector importer the nominated banks shall ensure that the concerned importer has a valid Import Registration Certificate (IRC), the requisite renewal fees for IRC for the relevant financial year has been paid and particulars of the treasury chalan showing payment of renewal fees has been duly recorded in the IRC of the said importer. Unless a private sector importer is specifically exempted from IRC, LCA Forms shall not be accepted from him/her, or L/C shall not be opened in his/her favor without valid and legally renewed IRC.

(iii)     In case of import through land route, name of the land port of destination in Bangladesh will be clearly stated in concerned L/C;

(iv)     L/C for import of capital machinery and initial spares for setting up of a new industrial unit may, however, be opened without any Import Registration Certificate (IRC) and without obtaining exemption certificate from the Chief Controller. No formal sanction shall be necessary from the sponsoring authority for such import against cash foreign exchange in respect of industrial units in the free sector;

(v)      In case of import of capital machinery and spares by the foreign investor, a certificate to the effect that import cost will be paid in cash foreign exchange from the equity of foreign investor, issued by the concerned bank is required;

(b)          Compulsory recording of H.S. Code Number- Banks shall not process any LCA Form or open L/C without properly recording the appropriate H.S. Code Number on the LCA Form or L/C. Bangladesh Bank shall monitor the compliance by the banks (scheduled) of the above requirements.

(c)          Registration of LCA Form- In case of import by opening L/C or without L/C, the authorised dealer bank shall get the LCA Form registered and submit copies to Bangladesh Bank along with monthly statement after payment is made, Chief Controller of Imports and Exports, importer, Customs Authority and the retain 1(one) copy with the bank. The dealer Bank shall send all the information of registration to the concerned office of Bangladesh Bank in a statement on monthly basis.

(d)          Cases  where  LCA  Form  against  Government  allocation  are  not required to be registered- In case of import under Loan, Grant, Barter or special trade agreement, nominated bank after recording the particulars mentioned in the LCA Form shall forward the LCA Form or LC Application Form along with other necessary documents to the designated bank with the request to open LC. And then the designated bank, after opening L/C, must forward the third and fourth copies of LCA Form to the Import Control Authority within 15(fifteen) days.

(e)         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 readable copy of the L/C and copy of amendment thereto, if any, to the concerned Import Control Authority for their record within fifteen days.

(f)          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 importers and forward or other copy to the Director (Research and Statistics),National Board of Revenue.

(g)         Change of Nominated Bank- Within the jurisdiction of any particular Regional office of Controller of Imports and Exports, change of nominated Bank can be done if there is no objection by both the Banks. In this case copy of no objection certificate of both bank have to be submitted to the concerned Import Control Authority.

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CHAPTER THREE

FEES REGARDING IMPORTS

9.     Registration Certificate:----  (1)  Registered commercial and industrial importers have been classified into following six categories on the basis of ceiling- value of overall annual import for the financial year 2012-13 to 2014-15. And their Registration (IRC) and renewal fees will be as follows:

(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.

(3)           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.

(4)           Registered  importers  of  all  categories,  (for  renewal  of  their  registration certificate) shall submit two copies of application in writing, main copy of IRC and copy of treasury chalan of renewal fees paid to Bangladesh Bank or Sonali Bank,(where there is no branch of Bangladesh Bank) under the Head of Account “1/1731/0001/1801” to the Import Control Authority indicating the category stated at sub-para (1) in which they intend to be classified.

(5)            Importers of all categories can renew their IRC through their nominated banks.

(6)          Importer shall pay renewal fee in cash at prescribed rate or the said category to the nominating bank against receipt and submit application along with main copy of IRC.

(7)          The banks shall deposit the money received as renewal fees to the Bangladesh Bank or Sonali Bank, where there is no branch of Bangladesh Bank, under the Head of Account “1/1731/0001/1801” separately.

(8)          The banks shall, in turn, 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.

(9)          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 send a separate list of importers where Registration Certificates have been renewed by it under each of the six categories mentioned above within first week of each month.

(10)        Renewal Fees for the concerned financial year shall be paid by the importer within 30th September of that year without any surcharge.

(11)       Any importer intending to open L/C for the purpose of import before the aforementioned dates in sub-para (10) shall however be required to first pay renewal fees properly for the financial year concerned at the prescribed rate.

(12)       Importers failing to pay renewal fees within the time limit mentioned in sub- paragraph (10) shall have to pay surcharge, in addition to arrear renewal fees, at the following rates:-

(13)        In case an importer already registered in one category intends to be classified into a higher category, he/she shall pay renewal fees for the balance amount as per the rate applicable for the relevant higher category in accordance with the procedure mentioned in sub-para (4),(5) and (6).

(14)        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.

(15)       No importer shall be allowed to open L/C in excess of the value ceiling of annual import applicable for him.

(16)        The importer concerned and the  bank shall be  equally responsible for  any violation of this condition (sub para -15).

(17)        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.

(18)        Indentors and exporters shall pay registration and renewal fees at the following rates:-

(19)        Indentors shall pay renewal fees in cash to the Bangladesh Bank or Sonali Bank, where there is no branch of Bangladesh Bank, under the Head of Accounts “1/1731/0001/1801” and send the original copies of the Treasury Chalan along with original copy of IRC with renewal book to the concerned Regional Import Control Office for record and verification.

(20)       Indentors shall pay registration and renewal fees in cash to their respective nominated banks against appropriate receipt.

(21)       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 in sub-para (4) and send the original copy of the Treasury Chalan along with original Export Registration Certificate to the respective Import Control Authority for record and verification.

(22)        Exporters shall deposit renewal fees with the Bangladesh Bank or Sonali Bank, where there is no branch of Bangladesh Bank, under the Head of Account mentioned in sub-para (4) 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.

(23)        Indentors and Exporter shall pay renewal fees for the concerned financial year within 30th September of that year without any surcharge.

(24)          Those who fail to pay renewal fees within the time limit mentioned in sub-para

(23) shall pay surcharge, in addition to arrear renewal fees at the following rate:-

(25)        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 every month.

(26)        Application of renewal of registration certificate by the Importers, Exporters and Indentors who fail to pay renewal fees for a period exceeding three years will be disposed of such on the merit of each case by the Chief Controller of Imports & Exports.

(27)        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.

(28)        An amount of Tk. 1,000(One Thousand) as fees for each renewal book shall be deposited through Treasury Chalan under Head of Account “1/1731/0001/1801”.

(29)        The Renewal Book shall be obtained together with the Registration Certificate in case of new Registration Certificate is issued.

(30)       Importers, Exporters and Indentors who have already received Registration Certificates shall obtain Renewal Books from their respective licensing office on submission of Chalan showing payment of fees.

CHAPTER FOUR Miscellaneous Provisions

10.   Import on Joint Basis--- (1) Importers all over Bangladesh may form one or more groups for import on joint basis according to their convenience.

(2)          The procedure for import on joint basis is given at Annex-2.

(3)         The  industrial  consumers  shall  form  group  or  groups  with  other  industrial consumers only.

(4)        The commercial importers shall form group or groups with other commercial importers.

11.    Import by Actual User.---(1) 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.

(2)         Prior permission from the Chief Controller shall be necessary in case of such imports exceeding US Dollar five thousand.

(4)         The provision of subpara (1) and (2) 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:

Provided that , such employee 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.

(4)         Goods imported by actual users observing the provisions mentioned in sub-para (1), (2) & (3) shall not be sold within one year of their import except with the permission of the concerned Import Control Authority.

12.  Import by Bangladeshi professional’s abroad. --- Bangladeshi professionals living abroad may import their own professional and scientific equipments 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.

Explanation --- According to this para, professionals mean all professionals including

Doctors, Engineers, Scientists and Legal practitioners.

13.   Import of Samples, Advertising Materials and Gifts. ---

(1)         Items of gift, advertising materials and samples may be imported free of charge within CFR value limit without any prior permission or permit from the Chief Controller in the following cases during each financial year, as :---.

(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 preference of the foreign buyer(s), following samples may be imported by the concerned exporters without any prior permission or permit from the Chief Controller during each financial year, such as:--

(3)         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.

(4)         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.

(5)         In case of import of samples, if required, in excess of the value ceiling mentioned in sub-paragraphs (1) and (2 prior permission of the Chief Controller and Import Permit must be obtained.

(6)         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.

(7)         The noncommercial goods costing not more than taka ten thousand exported by Bangladeshis living abroad to the family members in Bangladesh for personal uses (with restricted items) can be released on payment of duty and tax applicable thereof without any permit and in one financial year, the number of items shall not be more than one in case of electronic goods, in other cases the number shall not be more than five .

14.       Temporary importation with conditions for re-exports. ---

(1)      Agents and representatives of the foreign manufacturers shall be allowed to import machinery and equipment on temporary basis of their Principal or parent company for display in Bangladesh subject to the conditions stated below:

(a)      Goods  brought  into  Bangladesh for  such  exhibition  or  demonstration will be    re-exported within a period of one year;

(b)      The importer shall execute a bond and furnish a Bank Guarantee or a legal instrument to the satisfaction of the Customs Authority at the time of clearance of the goods regarding timely re-export;

(2)      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.

(3)     Equipment/material imported on re-export basis under sub-para (2) may be transferred with the prior permission of Chief Controller to any local contracting firm at a concessionary rate of duty/duties.

(4)      Import for ‘entre-port’ trade: Goods can be imported for ‘entre-port’ trade against back-to- bank L/C of the buyer through Import Permit on returnable basis issued by the office of the Chief Controller of Imports and Exports. It is to be mentioned in the import declaration that it is ‘entre-port’ or ‘Temporary Import’.

(5)      Such goods will not be allowed to bring out side of the port area, if the port of entry and port of export is the same.

(6)      If the port of import and export are different, goods can be shifted to the port of export with the permission of Customs Authority on payment of duty & taxes under Duty Draw Bank system or against 100% Bank Guarantee and it is  to  be exported within the specified time limit.

(7)      Import for Re-export:   Any goods can be imported for 100% export against export L/C of the buyer on payment of Duty & Taxes under Duty Draw back system/against 100% Bank Guarantee/under Bonded Warehouse with Import Permit on returnable basis issued by the Chief Controller of Imports & Exports.

(8)      ‘Processed in Bangladesh’ is to be mentioned in the packet of the re-exported goods. Besides, date of expiry and packing of the goods, date of packing, description of goods are to be written/printed on each pot /container/package of the goods.

(9)              All the procedures and formalities of the Government are to be observed in case of re-export of imported goods.

(10)    For  sending  of  machinery/equipment/cylinder for  repair/re-filling/maintenance etc. to another country, Export-Cum-Import Permit/Permission is to be taken from the Import Controlling Authority on submission of Bank guarantee of equivalent value of the goods.

(11)    Provisions of sub-para (10) will be applicable for the industrial enterprises and in those cases the enterprises will execute & submit bonds on recommendation from the sponsoring authorities.

(12)    In case of turbine (with or without gearbox) capable of producing electricity or machineries of the same nature, approval of export-cum-import permit shall be taken from import control authority for export in favour of supplying enterprise through replacement of the expired imported turbine (with or without gearbox) by importing turbine (with or without gearbox) and other related machineries and spare parts as per conditions in the agreed contract / L/C with turbine manufacturer or over-holder organization.

(13)

(a)       In case of release of return rejected exported readymade garments from the port and re-export -

(1)      In case of bonded warehouse ready made garments which have been exported if returns due to defects or any other reason, clearance order for release and re-export shall be issued by the Chief Controller on the basis of no objection of concerned lien bank and customs authority for release from the port and re-export.

(2)     In case of without bonded warehouse, license or ready made garments manufactured from local raw materials, concern manufacturer may bring back defective ready made garments on the basis of bond for re-export within one year subject to the clearance of Chief Controller. But if fails to re-exoprt goods in accordance with bond then the goods shall be allowed to be sold in local market subject to the payment of local VAT as per VAT Act along with payment of equivalent of VAT exemption taken as per VAT -11(only in case of local cloth).

(b)       In case of return of defective cloth :

(1)      The supplier/exporter which are agreeable to accept the defective cloth  and  no  foreign  exchange has  been  remitted from Bangladesh, in that case Chief Controller  shall issue clearance certificate for re-export subject to no objection of concern lien bank and customs authority.

(2)      The supplier/exporter which are agreeable to accept the defective cloth and payment has been made in foreign currency from Bangladesh, by fixing the quantity of defective cloth on the basis of inventory made through bi-laterial consensus of Buyer-Seller and after payment made through TT or L/C at sight in foreign currency or after replacement of equivalent quantity of goods, Chief Controller  shall issue clearance certificate for re-export subject to no objection of concern lien bank and customs authority.

(14)    In  case  of  import  of  goods  as  warranty replacement and  consequently for returning the defective goods to the supplier, approval is to be obtained from the import and export control authority.

15.       Import into and Export from the Export Processing Zone (EPZ)-

(1)      Import into and export from the EPZ shall remain outside the purview of this

Order:

Provided  that,  the  banned  items  mentioned  in  the  annexure  -1  shall  not  be imported and in case of import of other items, the rules & regulations related to public health and environment must be observed strictly.

(2)      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.

(3)      All statistics regarding import into and export from Export Processing Zone shall be maintained by the Customs Authority concerned.

(4)      Subject to the provisions of sub-paragraphs (5) and (6) 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.

(5)       EPZ Authority shall prepare a list of items (on the basis of N.O.C. from the NBR) required to be procured 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 procured from the Bangladesh Customs area as per the said list. EPZ Authority shall issue Pass Books in favour 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.

(6)       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.       Applicable conditions for import of food for human consumption-

(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. In this case, a certificate from competent authority recognised by the government of the exporting country is to be submitted to the custom authority with other import documents. In case of import of milk and milk products, a certificate issued by the competent authority of the exporting country mentioning that these products are free form Added Melamine, the cows from which the milk originates have not been given Estrogenic Hormones and Hormone growth promotants (HGPs) treatment and the existence of the level of heavy metal are in accordance with Codex Standards, must be submitted to the customs authority by the importer. It is to be noted that test of radioactivity levels of vegetables and seeds, which may be used as food directly is also mandatory.

(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:

Provided that, in such case, collection of representative samples of such food item from on board ship at the port of loading and despatch thereof shall not be necessary.

(3)       The following procedure shall be applicable in the matters of radioactivity-test of food items to be imported from any country, as: ---

(a)    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;

(b)    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;

(c)     No goods, the radioactivity level of which is above the acceptable limit shall be shipped;

(d)    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 by courier service shall not be required:

Provided that, a report on radioactivity-test of importable food items mentioning  the level of CS 137 found per kilogram of the importable item concerned is to be submitted; and

(e)   a general certificate to the effect that the items are fit for human consumption must be enclosed with the Bill of Lading(B.L.).

(4)      Only after satisfactory fulfillment of the conditions laid down in sub-para (2) and clauses of sub-para (3) above the Customs and the Port Authority shall allow the unloading of the concerned goods from the ship to the jetty.

(5)       On arrival of a ship carrying the aforesaid items at a Bangladesh Port ---

(a)      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 mooring) 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;

(b)      The tag so attached shall bear the signatures 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 and the master of the ship;

(c)        After packing and tagging the samples as mentioned above, the Customs

Officer concerned shall send it to the customs samples room;

(d)      The Customs officer in charge of   the sample 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;

(e)      After receipt of the samples in the Laboratory, Bangladesh Atomic Energy Commission shall within twenty-four hours, send to the Customs Sample Room their report on the result of examination of the samples:

Provided that, in case of collection of samples after office hours the customs officer concerned shall keep the same in his own custody and hand it over to the samples room the next day immediately after the opening of office;

(f)        The representative of Bangladesh Atomic Energy Commission shall on receipt of information, collect such sample from the Sample Room on the same morning and shall make arrangement for sending reports to the Sample Room after proper examination of the samples;

(g)       The  representative  of  Bangladesh  Atomic  Energy  Commission  shall collect samples from the sample room twice a day i.e. once in the morning and again in the afternoon.

(6)      If on test of sample(s) of the consignment by the Bangladesh Atomic Energy Commission, it is found that the consignment contains radioactivity level above the acceptable limit, the consignment shall not be released and the concerned exporter/supplier shall be bound to take it back at his own expense.

(7)      The testing procedures described at sub-paragraph (3), (4) and (5) above shall also be applicable in case of import of milk, milk food, milk products, fish product

, edible oil and other food items, even when these have been produced in one country and packed/ tinned in or shipped from another country.

(8)      The condition laid down in sub-paragraph (3), (4), (5) and (6) shall be mentioned in the concerned Letters of Credit/ Purchase Orders.

(9)      The Customs Authority shall, in the usual course, release the goods, only after getting the Clearance Certificate(s) from the Bangladesh Atomic Energy Commission certifying that the radioactivity level found in the imported food-stuff is within the acceptable limit.

(10)    Notwithstanding   anything   contained   in   sub   paragraph   in   (1)   and   (9), Radioactivity-test for palm oil, palmolein and RBD palm stearine produced in Malaysia or Indonesia and imported or to be imported from Malaysia, Indonesia

& Singapore shall not be required:

Provided that, Bangladesh Atomic Energy Commission (BAEC) shall collect samples, for radioactivity-test of these item(s) from the market from time to time and this policy shall be liable to change if, on test of such sample(s) by the BAEC it is found at any stage that the items contain harmful levels of radioactivity.

(11)   Test for determination of purity of the imported RBD palm stearine, by the Bangladesh Standard and Testing Institution (BSTI)/Bangladesh Council of Scientific and Industrial Research (BCSIR) is obligatory. For this purpose, the Customs Authority shall collect the required number of samples of the items carried by a ship in presence of the nominated officer(s) of the Port Authority and the importer or his representative. The Customs Authority shall seal the sample in their presence and send the same to the authorized officer of the Bangladesh Standard and Testing Institution/Bangladesh Council of Scientific and Industrial Research, Dhaka or Chittagong for conducting necessary test. The authorized officer of the BCSIR shall duly test the samples of such items promptly and furnish expert report as to whether those samples of palm oil, palm olein or RBD palm stearine are in conformity with the description of the items given in the

import documents. BSTI/BCSIR will then send such report to the concerned

Customs Authority.

(12)    The concerned importer(s) shall bear all expenses incurred for the radioactivity- test of the above food items imported or to be imported. The importers shall also bear the expenses relating to the test conducted by the Bangladesh Standard and Testing Institution/Bangladesh Council of Scientific and Industrial Research, of such RBD palm stearine.

(13)    Radioactivity-test shall not be necessary in case of import of cigarette, cigarette paper, pipe tobacco, whiskey, beer & other alcoholic beverages, concentrated essence, spices and medicine.

(14)    These procedures shall not apply to the food items imported or to be imported, for which separate procedure has been prescribed by the Ministry of Food for testing radioactivity level. In these cases, the procedure prescribed by Ministry of Food shall be followed.

(15)      Acceptable limits of radioactivity for milk powder, milk food and milk products is

95 bq of CS-137 per kilogram and that for other food items is 50bq of CS-137 per kilogram. The level of CS-137 in an item shall be calculated in the state it reaches the port without being liquefied, concentrated or processed. In case of local items, the level of CS-137 in an item shall be calculated in the state it is marketed. The highest acceptable limit of radioactivity levels may be revised by the government from time to time.

(16)   In case of direct import of rice, wheat, other cereals and food stuff from SAARC,South-East Asia and Asia-Pacific Ocean countries, the provision of the above mentioned radioactivity-test shall be relaxable on fulfillment of the conditions mentioned below, as:-

(a)      Imported rice, wheat, other food cereals and food stuff must be produced in  SAARC or  South-East Asian  Countries and  a  certificate of  origin, issued by the related Government/ approved Agency of the exporting country, shall be submitted, along with import documents to the Customs Authority;

(b)       A  certificate,  issued  by  the  Government/  Approved  Agency  of  the exporting country, declaring that the standard & quality of the imported rice, wheat, other cereals and foodstuff are fit for human consumption and free from all harmful germs, shall be submitted to the Customs Authority;

(c)      In case of import of easily perishable foodstuff such as, fresh fruits, fishes, vegetables  etc.  from  SAARC  countries,  a  certificate  regarding radioactivity issued by the Government or Agency of the exporting country shall be submitted; and

(d)      Import of frozen meat and sea food as perishable food items may be stored temporarily under the importer’s custody against bank guarantee determined by the customs authority.

(17)    Milk food: All kinds of milk food products including baby food with fat contents covered under H.S. Heading 04.02 or 19.01 and all H.S. Code classifiable there under shall be importable subject to the following conditions, as;---

(a)      Baby food produced from milk shall be imported in tin containers, airtight packages or Bag in Box up to 2.5 kgs;

(b)      Milk  food  with  cream  shall  be  imported  in  the  loose  covered  tin containers or bag in box up to 2.5 kgs;

(c)      The Industrial enterprises, which are approved by the packing or caning* Sector of Board of Investment, Bangladesh Small & Cottage Industries Corporation or Director, Institute of Public Health & Nutrition , shall import milk food with cream or baby food in big airtight Hermitic Container  for packing locally ( retail) ;

(d)      The words: “মায়ের দুধের বিকল্প নাই Ó (There is no alternative to breast- feeding) shall be printed clearly in relatively larger letters in Bangla in a visible space on each tin ,airtight package or bag in box of baby food with cream;

(e)      Composition and percentages of various ingredients shall be printed in Bangla on the tin containers, airtight packages or bag in boxes of milk food;

(f)       The date of manufacture and the date of expiry (for human consumption) of milk food shall be embossed or computer printed in permanent ink either in Bangla or in English on each airtight package with tin container, or bag in box;

(g)      The net weight of milk food shall be clearly indicated on each container in Bangla or in English; apart from this, in case of import of milk and milk product baby food, the registration number given by the Director, Institute of Public Health & Nutrition (IPHN) shall be printed on each tin/ airtight package with tin container/ bag in box clearly;

(h)      The condition mentioned at clauses (d), (e), (f) and (g) above must be embossed on each airtight package with tin container or bag in box and separate printed labels shall, in no way, be    pasted on airtight package with tin container or bag in box;

(i)        Measuring  spoon  shall  be  supplied  airtight  package  with  tin container or bag in box of baby food i.e. milk food having fat contents up to 19%;

(18)    Import  of  non-fat  powdered  milk  shall  be  made  subject  to  the  following conditions, as ---

(a)       In bag or sealed tin container

(b)      The importer shall produce an analysis certificate duly authenticated by the competent authority of the exporting country and the certificate shall

contain a declaration to the effect that the milk food is fit for human consumption;

(c)      The date of manufacture and date of expiry of fitness of the contents for human consumption shall be printed on each container, tin or bag;

(d)       In case of import of milk food products and powder milk, pre-shipment inspection shall be mandatory for determination of radioactivity level and the goods may be shipped only if in such test the radioactivity level is found within the acceptable limits approved by the Government. Such test report shall be sent to all concerned authorities as one of the shipping documents;

(e)      On arrival of milk food and dried milk in the country, the consignment shall be subject to radioactivity test for the second time before release of the goods and the goods shall be released only if the radioactivity level is found within the acceptable as well as approved limits. The existing procedure of testing the radioactivity level of imported milk food and dried milk on arrival in the country shall continue as usual.

(19)    For import of all kinds of food and beverages, the date of manufacture and the date of expiry shall clearly be embossed on each  tin , container or package and printed label shall not be pasted on the tin, container or package separately :

Provided that, no food items will be allowed to import after the expiry date. (20)    In case of import of wine/liquor, date of expiry need not to be mentioned.

(21)    The  quantity  and  description  of  preservative,  additive  and  colour  used  in preserved food must be mentioned and no separate label shall be pasted on it. In this case, embossing is a must .

(22)    Date of manufacture and date of expiry shall have to be written/printed on the container/package of those raw materials used in preparation of food and beverages which are to be unusable after certain period of time.

(23)    For import of all food products, (directly consumed/drunk or consumed/drunk after processing) the importer shall require to submit along with other shipping documents a cautionary certificate from the government of the exporting country or from appropriate approved agency to the effect that the item is “fit for human consumption”, “that it does not contain harmful ingredients”, or that “it is free from all kinds of harmful germs.” Such a certificate shall mention the age group for which the item is eligible for consumption.

(24)     In  case  of  all  foodstuff/edible  substances  importable  to  Bangladesh,  the importers shall send information of the edible substances mentioned in sub para

25(29) in a prescribed form of BSTI to the Bangladesh Standard & Testing Institution (BSTI) and information of other food stuff to Bangladesh Centre for Science and Industrial Research .

(25)     All  foodstuff/edible  substances  imported  into  Bangladesh  must  undergo mandatory  tests  of  BSTI  and  BCSIR.    On  arrival  of  the  consignment  in

Bangladesh the importers shall submit samples of the items to the BSTI/BCSIR for testing and obtain clearance certificate from them. If food staff/edible substance does not conform to their standard, the consignment will not be eligible for release and the importer will be subject to legal action.

(26)    In case of import of food items below the standard set by BSTI shall be returned to the exporting country/any third country at importer’s own cost. Such conditions should be added to L/C for imports of food items.

(27)    In case of import of food items as relief goods by the Government shall be released subject to be found suitable for human consumption at the lab test conducted by the Ministry Food. In this case provisions of para 16(3) (e) of this Order shall be relaxed.

(28)    In case of import of food items for human consumption as GMO (Genetically Modified Organism), LMO(Living Modified Organism) Bangladesh Bio-safety Guidelines should be followed.

17.     Additional terms and conditions to be applicable for the import of fish feed, poultry feed and animal feed items. ---

(1)      In case of import of fish feed, poultry feed and animal feed items, the shipping documents  must   be   accompanied  by   radioactivity-test  reports  from   the competent authority of the exporting country and a certificate to the effect that the items are fit for consumption by fish, poultry or animal as the case may be and the radioactivity-test report must clearly indicate the level of CS-137 found in such radioactivity-test in each kilogram of the items.

(2)       (a)       The imported fish feed must be free from harmful medicines, hormone and steroid including chloromphenicol and Nitrofuran;

(b)      In case of import of poultry feed and animal feed ingredients are to be inscribed on its packet and a certificate issued by competent authority of the exporting country to the effect that such feed items are free from chloromphenicol, Nitrofuran and Melamine is to be submitted1.

(3)      Such items shall be released only when their radioactivity levels are found within the acceptable limits in accordance with the reports mentioned in sub-para (1), otherwise, the supplier shall be under obligation to take back the consignment at his own expense.

(4)      Meat and Bone Meal shall be importable subject to prior permission issued by the Directorate of Fisheries & Livestock and in case of import of Meat and Bone Mea, source and name of animal are to be mentioned:

Provided that, import of Meat and Bone Meal of swine shall not be allowed and importers shall submit following certificates issued by competent authority of the exporting country to the customs authority during the release of goods:

(a)      The imported goods are free from harmful chloromphenicol & Nitrofuran including Antibiotic;

1 Amended by SRO No. 283-Law/2013 dated 22 August 2013

(b)       The imported goods are free from by-product of swine; (c)            The imported goods are free from Melamine.

(5)      In case of import of Bone and Meat Meal prepared from the source of other animal, a certificate issued by the competent authority of the exporting country be submitted to the effect that it is free from Bovine Spongiform Encephalopathy (BSE), Transmissible Spongiform Encephalopathy(TSE), Anthrax and TB.

(6)      Registered Vaccines and diagnostic reagent used in fish and poultry industry will be importable subject to permission issued by the Directorate of Fisheries and Livestock.

(7)      In case of import of poultry and birds, a certificate to the effect that those are free from Avian Influenza issued by the appropriate authority of the exporting countries shall have to be submitted to the Customs Authority.

(8)      The conditions laid down in this para shall be mentioned in the letter of credit to be opened for import of fish feed, poultry feed and animal feed.

(9)      There is no need for further testing of radioactivity level of fish feed, animal and poultry feed items after their arrival at the Bangladesh port.

(10)    In case of import of canned fish, the date of manufacture, the date of expiry and net weight shall be clearly embossed or computer printed in permanent ink in Bangla or in English on its container and separately printed label shall not be pasted on the container.

(11)    In case of import of fish, a certificate issued by the Government or any authority recognized by the Government of the exporting country to the effect that the fish is free from Formalin, to be submitted to the Customs Authority.

(12)    It is to be examined by the Government recognized agency at the port of entry in Bangladesh that no Formalin is used in the imported fish and it will be released subject to certification that there is no Formalin in it.

(13)    In case of import of beef, mutton or chicken or other consumable meat of animal, the date of manufacture and date of expiry have to be embossed/printed on the container by the exporting country and preservation process is to be mentioned on it. Separately printed label shall not be pasted on the container.

(14)    A certificate from the competent authority of the exporting country to the effect that the imported goods are free from Bovine Spongiform Encephalopathy (BSE) and Avian Influenza is required.

(15)    In case of import of meat from the countries under European Union, a certificate issued by the competent authority of the exporting country to the effect that the meat is free from ‘mad cow disease’, to be submitted to the Customs Authority.

(16)    In case of import of Protein concentrate prepared from Bone Meal, Meat Meal and Meat & Bone Meal from America, Europe and other countries, a certificate to the effect that prepared items is by no means infected with Transmissible Spongiform   Encephalopathy(TSE)   and   following   certificates   issued   by

competent authority of  the  exporting country must  be  submitted along with shipping documents by the importer:

(a)       The imported goods are free from harmful chloromphenicol & Nitrofuran including Antibiotic;

(b)       The imported goods are free from by-product of swine; (c)            The imported goods are free from Melamine: and

(d)       The imported goods are free from Anthrax and TB.

18.       Release of Goods detained by the Customs.---

(1)      If a consignment of imported goods is detained by the Customs Authority, the concerned importer may apply to the Chief Controller of Imports and Exports with a prayer to issue instruction to the Customs Authority for clearance of the consignment. Such an application shall be submitted to the Chief Controller within 90 (ninety days) from the date of objection given in writing by the Customs Authority. Applications submitted after expiry of the above time limit will not be considered with exception to special case(s).

(2)      Such  applications  as  per  sub-para  (1)  must  be  accompanied  by  written objection(s) of the Customs Authority or detention memo showing the ground(s) for detention of the consignment(s).

(3)      The Chief Controller shall expeditiously dispose off all cases under sub para-1, except those involving issuance of IP/CP for items in the control list or items otherwise restricted for import as per any other provision of this Order taking into consideration of all relevant aspects of the cases.

(4)       The Chief Controller shall, however, forward to the Ministry of Commerce with his opinion such other cases that involve import of items in the control list or items otherwise restricted for import as per any other provision of the Import Policy Order for decision regarding relaxation of the relevant provisions.

19.     Claim for import facility in cases accepted in Review, Appeal and Revision .--- No claim for import shall be entertained in cases accepted under Review, Appeal and Revision Order, 1977, if the item is no longer permissible for import.

20.     Import  in  contravention of  this  Order.  ----  Goods  imported  in  violation  of  any provision of this Order or of any notification issued there under by the Chief Controller shall be treated to have been imported in contravention of the provision of the Act.

21.     Amendment or alteration of this Order. ---- The Government, may at any time, if necessary, amend, alter or relax the provision of this Order.

22.       Provisions regarding export. ---- All provisions regarding export as mentioned in this

Order shall apply in case of export of goods.

CHAPTER FIVE

General Provisions for Industrial Import

23.       General rules for Import in the Industrial sector- Unless otherwise specified in this order------

(a)      Industrial units approved on regular basis will be allowed to import up to three times (300% )of their regular import entitlement of the items, import of which is banned for commercial purpose and which are importable by industrial consumers only;

(b)     Industrial units approved on adhoc basis will be allowed to import upto the maximum value limit not exceeding two times (200%) of their half-yearly import entitlement;

(c)      After receiving the 1st  adhoc share the concerned industrial units shall apply through the concerned sponsoring authority to the Chief Controller of Imports & Exports for regularisation of their import entitlement;

(d)      Import entitlement and IRC of the concerned industrial unit will be regularised on the basis of recommendation of the sponsoring authority, if 70% of the first adhoc share had been utilised. Otherwise, clearance will be issued for the 2nd adhoc share;

(e)      Adhoc IRC of the concerned industrial unit shall not be renewed until the Chief Controller of Imports and Exports issues clearance for the 2nd  adhoc share or regularises its import entitlement on the basis of recommendation of the sponsoring authority;

(f)       If, after utilisation of the 1st  adhoc share, an industrial unit is allowed to utilise their 2nd adhoc share as per recommendation of the sponsoring authority instead of regularising their import entitlement, the industrial unit, after utilisation of the

2nd  adhoc share, will be able to apply to the sponsoring authority for regularisation of their import entitlement. The adhoc entitlement and the adhoc IRC will be regularised as per recommendation of the sponsoring authority.

(g)      In case of import by those sectors of industries for which entitlement has been fixed on the basis of more than one shift, units accepted on a regular basis under such a sector shall not be eligible to import more than 100% of the annual entitlement for such restricted raw materials or packing items and the industrial units accepted on an adhoc basis, under such a sector shall not be eligible to import more than 100% of the half-yearly amount for such restricted items;

(h)     Govt. sector industrial units will obtain approval of the Ministry of Commerce through their administrative Ministry the total annual requirement of the restricted items at the beginning of the financial year;

(i)       Regular industrial units which have been provided with special financial benefit along with payment of advance income tax with respect to import of industrial

raw materials/packing materials/spare parts will not import those items three times more than the import criteria even if those items are freely importable;

(j)      Amount of approved import entitlement (sum and word in taka) will be clearly quoted in the IRC at the time of its issue by the office of the Controller of Imports and Exports and the regional office of the Chief Controller of Imports & Exports will delivery a copy of the entitlement paper approved by sponsoring authority & duly countersigned by the concerned regional office of Imports & Exports to the industrial unit;

(k)      A  copy  of  the  entitlement  paper  duly  endorsed  shall  be  provided  to  the sponsoring authority;

(l)       The provisions at sub-para (b) and (g) above shall not apply in case of import by the readymade garments, hosiery and special textile industries operating under bonded warehouse system and the pharmaceutical (allopathic) industries; but the provisions of sub-para  (6) and (9)  of paragraph 23 respectively shall apply in these cases;

(m)     Import under cash foreign exchange- Subject to the provision of sub-para (b) and (g) industrial sectors for which no fund under Government allocation has been provided may import their essential raw materials, packing materials and spares  (excluding  restricted  items  in  the  control  list)  under  cash  foreign exchange without any value limit.

(n)      In case of liquidation of any industrial unit the Industrial Registration Certificate (IRC) of that unit shall be transferred to the Office of Import and Export Control within 120 days of liquidation.

24.  Prescribed condition for import of industrial items-

(1)     Foreign exchange earning hotels may import, by purchasing cash foreign exchange, all items under H.S Heading No. 22.03, 22.06, 22.08 and all H.S. Code classifiable under it and all items including sausages of meat of swine under H.S. Heading No. 16.01 and H.S. Code No. 1601.00.

(2)      In addition to importing from abroad, the foreign exchange earning hotels may also purchase items mentioned in sub-para(1) from the duty free shops of Bangladesh Parjatan Corporation subject to payment of customs duties and other dues at usual rate.

(3)       For such import mentioned in sub-para (1), (including items purchased locally)

they shall observe the following conditions and procedure, as: ----

(a)      Import of the restricted items shall be limited to twenty percent of the foreign exchange earned by the hotel during the preceding financial year;

(b)      Import of alcoholic beverages and spares shall be limited to a maximum of seven and a half percent of the total foreign exchange earning and the remaining twelve and a half percent may be utilized for import of other restricted item(s);

(c)      Total import of restricted item shall not exceed twenty percent of the total earnings of foreign exchange referred to above clause (a);

(d)      Foreign exchange earnings of a hotel shall be recorded by the bank to which the foreign exchange is sold and utilization of foreign exchange will be recorded by the nominated bank while opening L/C for these restricted items;

(e)      Before submitting LCA From and opening of L/C for any restricted item the foreign exchange earning hotel shall obtain necessary endorsement in the IRC from the concerned Import Control Authority.

(4)       Beer & wine of all category (H.S. Heading No. 22.03 to 22.06 and all H.S.

Code classifiable under this heading) shall be importable only by foreign exchange earning hotels as per conditions of sub-para (1). In special cases, such items may be imported with approval of Ministry of Commerce & prior permission from Chief Controller subject to specified conditions; however, in all cases of import of beer & alcoholic drinks, concerned importer shall firstly obtain licence/permission from the Director General, Narcotics Control Department.

(5)       M.S. Sheet and Plate (hot rolled), G.P. Sheet, B.P. Sheet, Stainless Steel, CRCA Sheet, Tin Plate, M.S. Sheet and Silicon Sheet----

(a)      Recognized industrial units having entitlement for M.S. Sheet, Stainless Steel    Sheet, C. R. C. A. Sheet, Silicon Sheet, B.P. Sheet or Tin Plate (misprint), may import these items of secondary quality also and these items  of  prime  quality  as  well  as  secondary  quality  shall  also  be importable on commercial basis;

(b)      G.P. Sheet or secondary quality G.P. Sheet shall be freely importable; both  by  commercial  importers  and  industrial  consumers,  without  any value-limit and irrespective of its size, gauge or quantum of zinc coating.

(6)       Raw materials & packing materials for pharmaceutical industry------

(a)      Government approved and recognized pharmaceutical industries shall get the Block List duly approved by the Director, Drug Administration specifying the description of raw and packing materials, value, quantity, according to their annual production programme;

(b)      The  Block  List  shall  be  used  in  case  of  import  for  pharmaceutical industries and raw and packing materials mentioned in the Block List shall be importable, irrespective of the restricted list, up to the quantity and value as mentioned in the Block List. Item which does not appear in the Block List shall not be importable by the concerned pharmaceutical industry even if such item is otherwise freely importable;

(c)      In  case  of  import  of  raw  and  packing  materials  for  pharmaceutical industries for which prior permission from any other authority other than the approval of the Director, Drug Administration, is required to be obtained as per the provisions of this Order, such prior permission from the concerned authority shall be duly obtained for import of such raw and packing materials. Director, Drug Administration shall furnish copies of the approved Block List to the Customs Authority and the Office of the Chief Controller, Imports and exports;

(d)     Imported raw and packing materials shall be released by the Customs Authority on the basis of import-invoice and analysis report of the raw materials, certified by the Director, Drug Administration or Govt. approved internationally reputed Pre-shipment Inspection Agent regarding the quantity, value and quality of each item.

(7)       RBD Palm Stearine and Tallow-

(a)      Recognised industrial units under soap industry may be allowed to import RBD Palm Stearin and Tallow as per the entitlement for the item only on the basis of specific recommendation of the sponsoring authority;

(b)      After the import of RBD palm Stearin and Tallow the importers shall inform the quantity so imported & utilization to the sponsoring authority. The sponsoring authority, being satisfied with proper utilization of the goods imported previously on the basis of recommendation, will give permission for next share of entitlement ;

(c)      Commercial import of RBD Stearin and Tallow shall not be permissible under any source of finance .

(8)      Import on adhoc basis by the IWT Operators, Poultry and Dairy Farms and Fish Unit---- Inland Water Transport Operators, fish catching units and poultry and dairy farms which are not recognised as industrial units may import permissible items as per their requirement without any recommendation or permission from any authority. They shall, however, be required to comply with the conditions and procedures of imports as per this Order.

(9)       Import by Export-Oriented Industries-

(a)      Recognised readymade garment industries operating under the bonded warehouse system shall be permitted to import raw and packing materials (including banned & restricted items), the approved quantity as per Utilization Declaration (U.D) issued by the Bangladesh Garments Manufacturers and Exporters Association (BGMEA) in accordance with the policy formulated by the National Board of Revenue on the basis of confirmed and irrevocable Letter of Credit for export of readymade garments against back to back letter of credit. They will have to import fabrics, excepting gray fabrics, in regular and continuous length of 18.29 metre or above in “thaan” or standard pieces or size;

(b)      These industrial units mentioned in clause (a) shall not be allowed to import cloth in pieces or cloth cut into pieces. Staple pins shall also not be importable against back to back L/C ;

(c)      For import of gray fabrics the provisions of clause (d) of sub-para 29 of this Order shall apply. Duplex board of four hundred gram (gray back) shall be importable under back to back L/C through entry in the Pass Book;

(d)       Duplex board of lesser thickness(determined by EPB) for use as collar and back board may be imported against back to back L/C through entry in the Pass Book;

(e)      Import of raw and packing materials against back to back L/C by such units mentioned in clause (a) may also be made through submission of LCA forms, duly filled in, to the concerned nominated Bank and under this arrangement, such units will not be required to obtain IP/CP from the concerned Import Control Authority for clearance of their raw and packing materials imported against back to back L/C;

(f)       Such units (mentioned in clause a) under readymade garments industry shall, however, be permitted to import raw materials on ‘No Cost Basis’ for execution of export orders on following conditions, as :---

(i)       Each  case  will  be  realized  on  consignment basis  against  U.D issued by the BGMEA and for this no foreign currency will be remitted from Bangladesh;

(ii)      Pre-Shipment   Inspection   (PSI)   certificate   regarding   finished products, if required, will have to be produced at buyer’s expense during execution of export and readymade garments made for export will be not be rejected;

(iii)     The entire value added amount in respect of readymade garments shall be repatriated to Bangladesh. The lowest percentage of value addition shall be as under:

Table

Sector/field *                                minimum rate of value addition

Export of knit garments                                   Twenty percent (20%)

Export    of    Non-quota    category    woven garments

Export of quota category woven garments up to US$ 40 (F.O.B) per dozen

Export of quota category woven garments above US$ forty (F.O.B.) per dozen

Twenty percent (20%) Twenty percent (20%)

Twenty percent (20%); however, in no case the value addition per dozen shall be less than US$ twelve;

In case of export of higher price garments     Value addition of quota category & non-quota category shall not be less than fifteen percent and ten percent respectively.  However,  in  this  case the value of per dozen shall be US$ sixty (F.O.B) or more;

Export of all types of sweater                           Twenty percent (20%) Export of all types of baby garments                               Fifteen percent (15%)

(iv)    Quantity, price and description of the materials imported on consignment basis must be mentioned in the invoice but imported raw and packing materials may be transferred through inter-bond transfer and imported gray fabrics, knit fabrics and white fabrics may be transferred to various dyeing and printing or processing plant.

(10)    The   export  oriented  readymade  garment  units  operating  under  bonded warehouse system shall be allowed to import knitted fabrics in roll or “thaan” form only.

(11)    Unless otherwise specified in the order regarding other exportable goods, the rate of local value addition for other export items and establishment of back-to- back L/C for import of raw and packing materials of those items against net F.O.B. value of export L.C. shall be upto the maximum percentage notified by Export Promotion Bureau.

(12)    Recognised units under specialized textile industry operating under the bonded warehouse  system  shall  be  permitted  to  import  raw  &  packing  materials (including banned/restricted items) as determined by customs authority on the basis of confirmed and irrevocable letter of credit for export of the items of specialised textile against back to back L/C. For this purpose no prior permission from the Chief Controller shall be required.

(13)    Recognised export-oriented hosiery industry under bonded warehouse system will  be  allowed  to  import  raw  and  packing  materials  (including  banned  & restricted items) to an amount fixed by the customs authority against back-to- back L/C by establishing confirmed and irrevocable letter of credit. For this, prior permission from the Chief Controller will not be necessary. But recognized Garment Industries will be allowed to import yarn and knitted fabrics in “thaan” or roll form for production of hosiery and knitted garments.

(14)    Import of fabrics in cut pieces and import of knitted fabrics other than in ‘thaan’ or roll form will not be allowed. Recognised Garments Industries in sweater sector will not be allowed to import sweater, jumper, pullover , scarf, hand gloves and gloves in form of piece, panel or roll or in ‘thaan’ or in the form of cut pieces. Only import of all yarn of all sorts will be allowed as raw materials for these items.

(15)    All other export-oriented industries export-oriented readymade garment/hosiery and specialised textile industries may be allowed to import any banned or restricted raw and packing materials and spares required for the execution of specific export order with prior permission from the Chief Controller on the basis of recommendation of the sponsoring authority. In such instance, the concerned industrial units shall submit bank guarantee covering hundred percent of the value of the banned or restricted item(s) imported. However, such bank guarantee shall not be required in case of export- oriented industries operating under banded warehouse licence.

(16)    Recognised manufacturing and exporting units in all other sectors operating under  the  bonded  warehouse  system  may  import  their  raw  and  packing materials under back to bank L/C arrangement. This provision shall cover both

the output manufacturing (direct exporters) as well as the input manufacturing

(indirect exporters) units.

(17)    In case of industries which supply raw materials to export oriented industries i.e. deemed exporters, raw materials can be imported against back to back L/C through bonded warehouse.

(18)    Only 100% export oriented industries unit under bonded warehouse system will be allowed to import necessary raw materials & packing materials  for 4 (four) months in revolving system against back-to-back L/C against Master Export L/C or against confirmed contract by the buyer. In this case-----

(a)      The concerned bank will consider value of export of the previous year or performance certificate as the basis for fixing the need.

(b)      In case of new factories the need for four months will be fixed on the basis of production capacity determined by the Board of Investment.

(19)    For import against back-to-back L/C by these industries mentioned in sub-para (17), authorization of Bangladesh Bank will not be necessary and raw materials will be imported without L/C and against contract on the basis of Bank Customer relationship through sight/ the usance L/C under prevailing rules.

(20) If few separate cut pieces are found in the container/consignment of fabrics imported for readymade garment industry, Customs Authority shall detain only the cut pieces instead of the total container/consignment.

(21)    The restriction of 18.29 metres shall not be applicable in case of embroidered fabrics, badges, labels, stickers & patches imported for the execution

of specific export order by readymade garment industry.

(22)    It shall not be considered as the violation of Import Policy if any buyer/supplier makes shipment of raw & packing materials before establishment of back-to- back L/C for export oriented readymade garments industry/textile industry, the back to back L/C is opened before submission of challan manifest.

(23)    Subject to the obtain ability of bonded warehouse licence, opening of L/C shall not be required to import raw materials (ingredient) for 100% export oriented jewelry manufacturing industry. In such case of import without opening L/C a prior permission from the Customs Authority shall be required for release of imported goods.

(24)    Import  of  raw  materials and  capital machineries for  garment  industries are allowed without any value limit and opening of L/C.

(25)     Rough Diamond (H.S. Code No. 7102.10, 7102.21, 7102.31)----

(a)     100% export oriented finished diamond manufacturing industrial units operating under supervised bonded warehouse system will be allowed to import Rough uncut diamond as raw material on consignment basis without opening L/C and making payment of its value under at sight / usance system against export contact/supply order with foreign buyers fulfilling the  conditions of this sub-paragraph, but in that case import cost

including  value  addition  will  be  minimum  export  value  which  will  be repatriated through legal banking channel;

(b)      Processing of  such  uncut  diamond  will  be  deemed  to  entail  loss  of contents not exceeding 75%;

(c)      The concerned exporters will be allowed to export finished diamond only after realization of the money covering total amount of the value added to the exportable finished diamond, subject to the rate of value addition being not below US$ 10.00 (ten) per caret.  The total added value of finished diamond is to be repatriated through banking channel by L/C, documentary collection, Cash against Collection (CAD) or TT;

(d)      Exports & Import of Rough diamond from /in Bangladesh will have to be carried out as per procedure prescribed by Bangladesh Bank and the Customs Authority. “Rough Diamond Import and Export (Control) Rules,

2006” is also to be followed for import of rough diamond and its export.

(26)    In case of import of raw-materials for 100% export-oriented industries operating under bonded warehouse system & manufacturing corrugated carton, thread, poly bag , butterfly labels, interlining, gum tape leather, leather goods, foot ware etc., the previous process, i.e. import through SEM or Cash L/C   procedure under bonded warehouse, will also remain valid along with the existing back to back L.C facilities.

(27)     Export-oriented Industries who are deemed exporters will    be given Utilization

Permit (UP) against Back-to-Back L/C subject to the following conditions, as:---

(a)      In the cases where payment for carton and accessories is not possible after payment through L/C, adjustment for payment of carton and accessories will be made if there is surplus in any other L/C opened for raw and packing materials. Such adjustment for payment against raw and packing materials will  be  made  through adjustment in  not  exceeding seven such cases;

(b)      Various relevant information of  the  cases in  which surplus money is adjusted against back-to-back L/C, such as relevant   back-to-back L/C number,  reference,  date,  name  and  address  of  the  L/C  opener, description of the commodities, quantities and other relevant information should be clearly quoted in the UP;

(c)      Back-to-back  L/C  for  supplied  accessories  will  in  no  way  be  left unadjusted for more than six months;

(d)       Adjustment for inland back-to-back L/C should be made within 6(six)

months; and

(e)      Conditions mentioned in clause (a) to (d) will be applicable irrespective of value for all consignment.

(28)    Import against Import Permits and in special cases against Clearance Permit (for clearance of goods on payment of fine) ---- Any approved industries set up or to be set up under 100% foreign investment need not have LCA form or open L/C

to import capital machineries & spares, but the importers have to obtain Import

Permit or, in special cases ,Clearance Permit. (29)            Grey-Fabrics----

(a)      Only the recognised textile finishing (mechanized) units operating under the bonded warehouse system shall import all types of “Grey Fabrics” against back-to-back L/C on the conditions that   all the imported Grey Fabrics after finishing, dyeing or printing shall be supplied to export- oriented readymade garments units or be fully exported to the foreign countries;

(b)       Where the imported grey fabric after finishing, dyeing or printing are directly exported to foreign countries, the concerned importer will be required to finish, dye or print at least an equal quantity of local grey fabrics, and supply the same to the export oriented readymade garment units or directly export the same to the foreign countries during the same financial year. However, if the imported grey fabrics after finishing, dyeing or printing are supplied to the export oriented readymade garment units, the condition of processing an equal quantity of local grey fabrics shall not apply;

(c)      The Export Promotion Bureau shall properly monitor the compliance of the above conditions by the importers of grey fabrics;

(d)      The  export  oriented  readymade  garment  industries  operating  under bonded warehouse system may import grey fabric for the quantity recommended or determined by ‘Utilization Expert Committee’ constituted by the Ministry of Commerce or the relevant Customs SRO. Grey fabrics so  imported  shall  be  endorsed  in  the  Customs  Pass  Book  of  the concerned readymade garment units. On export of readymade garments made by using imported grey fabrics, the same shall be endorsed in the Pass Book as per existing procedure for the purpose of adjustment showing that the entire quantity of imported grey fabrics has been fully utilized in the garments exported;

(e)      Grey fabrics shall be importable under usual procedures for using in export oriented industry and for direct export against a specific export order.

(f)       Export oriented specialized textile (dyeing, printing & finishing or dyeing, printing, finishing, weaving/spinning) units only which have got required technical capability may import grey fabrics & yarn upto four months requirement in revolving system according to the conditions in clauses (a)---(c (maximum 33% of production capacity))   even without back-to- back L.C. under supervised bonded warehouse system. In this case quantity of import against a factory will be determined on the basis of the certificate issued by the concerned bank on the export performance of the existing factory in the previous year;

(g)      100% export oriented specialised textile mill may import raw materials under supervised bonded warehouse upto twelve months requirement in revolving system without back to back L.C. In this case quantity of import

will be determined on the basis of the certificate issued by the concerned bank on the export performance of the existing mill in the previous year.

(30)   Import of parts, accessories and components:--- Parts, accessories or component, import of which is otherwise banned or restricted, shall however, be importable along with machinery only as its integral and indispensable part:

Provided that, the said machinery item is permissible for import. (31)            Second-hand/reconditioned capital machineries---

(a)      Second-hand/   reconditioned   capital   machineries   &   generators   or generating set used in industry shall be importable without any price limit but a certificate from a surveyor enlisted, nominated or appointed by National Board of Revenue to the effect that each machine has at least 10 (ten) years economic life except generators or generating sets, must be submitted along with Bill of Lading; and

(b)      In case of import of generators or generating sets, certificates to the effect that not more than 5 (five) years old from the appropriate authority of exporting country must be submitted.

(32)     Electric Meter (Electric Kilowatt Meter) ----

(a)       In  case  of  import  of  single-phase  electric  meter  (H.S.  Code  No.

9028.30.10, 9028.30.20,& 9028.30.30) in  complete form its standard will have to conform to AC Energy meters part 1                     (Accuracy class-II) BDS

131 (part-1):1998 and AC energy meters part-2 (Accuracy     class-I) BDS

131 (part-2):1999;

(b)    Testing of standards shall not, however, be necessary for importing the spare  parts of electric meters (H.S. Code No.9028.90 & 9028.90.90) but prior to marketing the electric meters in complete form, made of the imported parts, must conform to the BDS 131:1998 and the same shall be tested by BSTI.

(33)   Recognised industrial units under packing and canning sector will import full- cream milk powder and foods of Horlicks type in tin or in bulk packing on fulfillment of the rules as given below, as:---

(a)     A certificate from the appropriate authority of the exporting country (Government department of health or food) showing ingredients and their proportion, date of manufacture, date of expiry for use as human food, will have to be enclosed with each consignment;

(b)       Provisions relating to radioactivity test as laid down in para 16 of this

Order will be applicable.

(c)      Provision of sub-para (17) of  para 16 of this Order will be applicable in case of import of these items in tin container and in case of  selling those items in retail packing/canning imported in tin container or bulk package.

(d)      In case of import of those items in bulk container information relating  to ingredients of that item, proportion of the ingredients, date of manufacture

and  date  of  expiry  for  use  as  human  food  will  have  to  be  printed permanently on the body of the bulk container or on label or on sticker.

(34)    Coconut  oil---  Coconut  oil  (H.S.  Heading  No.  15.13  and  all  H.S.  Code classifiable under this heading) shall be importable by the recognised industrial units but in case of coconut oil importable as hair oil acid value upto 0.6 and coconut oil importable for the soap industry acid value upto 10.0. It shall be also importable for commercial purpose and in this case acid value shall not exceed

0.6.

(35)     Import of Waste and Scrap-

(a)      Only recognized bonafide user industrial unit shall be allowed to import iron and steel waste and scrap (H.S. Heading No. 72.04 and all H.S. Code classifiable    under   it)   as   raw   materials   against   its   import entitlement;

(b)       Only recognized bonafide user industrial unit shall be allowed to import Aluminum waste and scrap (H.S. Heading No. 76.02 and all H.S. Code classifiable under this heading) as raw materials against its import entitlement;

(c)      Only recognized bonafide user industrial unit shall be allowed to import Calet Scrap of Glass (H.S. Heading No. 7001.00.00) as raw materials against its import entitlement; and

(d)      In case of import of items mentioned in above sub-paragraph (a), (b) and (c), importer must submit a certificate to the effect that mentioned items are free from toxic or radio-active particles, issued by competent authority of the exporting country, to the Customs Authority.

(36)    Recovered paper or paper board (waste and scrap) (H.S. Heading No. 47.07 and all H.S. Code No. classifiable under it) is importable for use as industrial raw material.

(37)    Break Acrylic (H.S. Heading No. 39.15 and H.S. Code No. 3915.90 classifiable under it) Break Acrylic will be importable under the following conditions:

(a)      Only those recognized industrial units using acrylic as raw material for their industry will be allowed to import acrylic according to their production capacity as quoted on their IRC;

(b)      Immediately after import of Break Acrylic the source of import of Break Acrylic and the country of origin shall be informed to the Directorate of Environment;

(c)      A  pre-shipment  inspection  certificate  from  an  internationally  reputed surveyor or PSI Company approved by the NBR to the effect that the imported break acrylic does not contain any toxic or radioactive substance as per International Convention on environment which can contaminate Environment will have to be produced by the importer and on the basis of the certificate, the import consignment will be released according to the customs rules and regulation in force.

(38)    Recognised 100% export oriented industrial unit can import related raw materials except import restricted goods for export after reprocessing against its import entitlement approved by sponsoring authority.

(39)     Methanol/Methyl Alcohol----

(a)      Methanol/Methyl Alcohol (HS Code No. 2905.11.00 of H.S. Heading No.

29.05 and all H.S. Code    classifiable under this Code)  may be imported only by the recognised industrial units for actual use as raw materials in their iindustries according to their import quota:

Provided that, general provision for the industrial import of this order will, however, not be applicable in case of such import of methanol;

(b)     Government approved educational and research institutions other than recognised industrial units can import Methanol or Methyl Alcohol with prior permission from the Ministry of Commerce.

(39A) Formalin2- Formalin shall be importable under following conditions, as:

(a)      All kinds of formalin shall be imported with prior approval of the

Ministry of Commerce;

(b)       Formalin importers shall have to apply to the Ministry of Commerce with recommendation of concerned Ministry;

(c)        Formalin importers shall have to register the sales of formalin to the buyers; and

(d)       Ministry of Commerce or authority directed by the Government shall examine sales register of importers time to time;

(40)     Crude  Soya-bean  (H.S.  Heading  number  15.07  and  H.S.  code  number

1507.10.10 & 1507.10.90 classifiable under it) – Crude Soya-bean oil will be importable for use in production of edible oil by the recognised edible oil producing industrial units having their own refineries or by any commercial unit having contract with any refinery up to the quantity limit as contracted , with prior permission from the Ministry of Commerce and in this context the commercial unit will be treated as an industrial unit.

(41)     Refined Palm Olein and Crude palm Olein ----

(a)      (H.S. Heading no. 15.11 and all H.S. Code classifiable under this item): - The provisions in para 16 of this order, shall be followed in case of Import of refined palm olein subject to production of separate certificate from the health  authority  and  the  Chamber  of  Commerce  &  Industry  of  the exporting country to the effect that the consignment of the palm olein is fit for human consumption. These certificates shall be submitted to the Customs Authority at the time of clearance of Consignments;

(b)      The following items shall not be permissible for import as edible oil, as : -- (i)       Solid or Semi-solid palm oil which looks like vegetable ghee;

2 Inserted vide SRO No. 70-Law/2013 dated 14 March 2013

(ii)       Refined, bleached & deodorized (RBD) palm stearine and tallow; (iii)            Crude palm stearine;

(c)      The edible oil producing industries having Fractionation Plants shall be allowed to import Refined and Crude Palm oil on the basis of the recommendation of the Board of Investment and the Board of Investment will monitor the mater.

(d)     Edible oil producing industrial units having own refineries and approved by appropriate authorities will be eligible to import crude palm olein or crude palm oil for producing edible oil or any commercial unit having contract with any refinery will be eligible to import the same up to the quantity limit as contracted, with prior permission from the Ministry of Commerce and in this context, the commercial unit will be treated as an industrial unit;

(e)    Import of Crude soya-bean oil and crude palm olein through conservation in the tank terminal--- Crude soya-bean   oil and Crude palm oil ( H.S. Heading No. 15.07 & 15.11imported by importers mentioned in sub-para (40) & (41)(d) will be reserved in tank terminal  under the supervision of custom authority by tanker from mother vessel and  the reserved oil may be released under bonded ware-house system on payment of custom dues properly;

(f)      Before supply of  edible oil from tank terminal to  local units customs authority will ensure whether correct amount of duties, Vat etc. has been paid. And if foreign currency is remitted showing illegal sale of excess amount of oil reserved or received in the tank and any discrepancy arises between import, sale and export, the tank terminal conserved with will be held  responsible  and  the  customs  authority  will  ensure  the  matter. Account of import, sale and return of each imported consignment will be sent to Foreign Policy Department of Bangladesh Bank;

(g)      All the relevant rules and regulations including the rules laid down in para

16 of this Order shall have to be observed duly;

(h)    Commodities  imported  on  different  dates  will  be  kept  in  different terminals, so that date of expiry can be ensured.

(42)   In case of import of ingredients, toxic chemical elements and raw materials, harmful for human health, used in industry, the word ‘poison’ must be written visibly on each drum, bottle or packet.

CHAPTER SIX

THE RULES OF IMPORT BY COMMERCIAL IMPORTERS

(2)      Import of industrial raw materials, packing materials and spares parts by commercial importers--- Industrial raw materials, packing materials and spares parts which are not included in the banned and restricted lists shall be freely importable under cash foreign exchange by commercial importers.

(3)      Commercial import by Foreign Firms- Foreign Firms registered in Bangladesh under the Companies Act, 1994 (XVIII of 1994) shall be allowed to import permissible commercial items against their commercial IRC, without any prior permission from the Chief Controller. However, in such cases of import of commercial items foreign firms shall inform the Office of the Chief Controller of Imports and Exports in writing the detailed information of the item (eg. HS code of the item, description of the item, quantity, value, name and address of the exporting foreign firm etc.) before importation.

(4)      Import of capital machinery for commercial purpose- Commercial importers may  import  permissible  new  and  second  hand  or  reconditioned  items  of industrial capital machinery & generator or generating set under cash foreign exchange without any value limit for commercial purpose by complying the rules

& regulations of this order.

Provisions applicable for import of following items-

26.       Import of Explosives:

(1)     (a)     Import of explosives including Trinitrotoluene (TNT) classifiable under H.S.Heading No. 29.04 and all items including explosives classifiable under H.S. Heading No. 36.01 to 36.04 shall not be allowed without prior approval of the Chief Inspector of Explosives of the Ministry of Power, Energy & Mineral Resources.

(b)      Combustible solid matter, oxidizing matter, poisonous matter: Import of combustible solid matter, oxidizing matter, poisonous matter including Sulphur classifiable under H.S. Heading No. 25.03 & 28.02, Phosphorus classifiable under    H.S. Heading No. 28.04, Potassium Chlorate classifiable under H.S. Heading No. 28.29, Potassium Nitrate, Barium Nitrate, Sodium Nitrate and Aluminium Nitrate  classifiable under H.S. Heading 28.34, Aluminium (powder) classifiable under HS heading No.28.05, Arsenic Sulphide and Calcium Carbide classifiable under HS heading No.28.30 shall not be allowed without prior approval of the Chief Inspector of Explosives.

(2)      Commercial import of explosive substances shall not be allowed except through the Trading Corporation of Bangladesh (TCB).

(3)      The TCB may sell explosive substances imported by it to the actual users only under intimation to the Ministry of Home Affairs.

(4)     Explosive substances shall however, be importable by the Govt. recognised industrial units upto the entitlement for such items with prior approval of the Chief Inspector of Explosives. But such industrial units shall not be allowed to import explosives in excess of their import entitlement/value under the provisions of para 23 of this Order.

(5)      Immediately after giving clearance for import of Potassium Chlorate the Chief Inspector of Explosives shall inform the National Board of Revenue in writing about the quantity of Potassium Chlorate to be imported.

(6)    Explosive substances imported by industrial units against their import entitlement/value shall be used in the factory for production purposes only and these shall not be sold, transferred or used in any other way.

(7)       Radio-active material: Thorium nitrate classifiable under H.S. Heading No.

28.34, all items including radio-active chemical/element & isotopes classifiable under H.S. Heading No. 28.44 to 28.46, X-ray including radiography or radiotherapy apparatus classifiable under H.S. Heading No.90.22 & H.S. Code No. 9022.19.00, 9022.21.00,9022.29.00 is importable only with prior permission from the Bangladesh Atomic Energy Commission.

(8)     Nuclear Reactors & its parts (H.S. Heading No. 84.01 & all H.S. Code No. classifiable under it) are importable by Bangladesh Atomic Energy Commission only with the clearance of sponsoring Ministry.

(9)      Acid--- An industrial user having licence under Acid Control Act, 2002 (Act No. 1 of 2002) and Acid (Import, Production, Storage, Transport, Sale and use) Control Rules, 2004 will be allowed to import any type of sulphuric acid, hydrochloric acid, nitric acid, phosphoric acid, caustic potash, carbolic acid, battery fluid (acid), chromic acid, aqua-regia and other corrosive items of acid type as determined by the government in condensed, liquid or mixed acid upto the amount fixed by the sponsoring authority in their import entitlement. However, educational and research institute approved by the government shall be allowed to  import  above  mentioned  acids  with  prior  approval  of  the  Ministry  of Commerce.

(10)     A firm or a person having licence under Acid Control Act, 2002 (Act No. 1 of

2002)and Acid (Import, Production, Storage, Transport, Sale and use) Control Rules, 2004 will import acid mentioned in Sub-para (9) on commercial basis or for personal use subject to permission of the Ministry of Commerce.

(11)    Chemical Fertilizer- Coloured and granular S.S.P and powder S.S.P. that is colour mixed S.S.P. of any type and granular S.S.P. of all type and powder S.S.P. (H.S. Code no. 3103.10.10, 3103.10.20 & 3103.10.90) and Crystal Fused Magnesium Phosphate (H.S. Code No. 3103.90.00) are banned for import:

Provided that chemical fertilizer under H.S. Heading 31.02 to 31.05 and other chemical fertilizer classifiable under them is importable under the following conditions:

(a)      A list showing ingredients used in manufacturing chemical fertilizer duly attested by the manufacturer should be there along with shipping documents;

(b)     Pre-shipment Inspection certificate from an internationally recognized inspection company should be there along with shipping documents. Specification of imported chemical fertilizer mentioned therewith should be in consistent with the specification approved by the Ministry of Agriculture;

(c)     Fertilizer shall be importable only from the manufacturer or from his representative;

(d)     Specification as well as information regarding physical and chemical properties of the imported fertilizer shall be furnished in the invoice of the shipping documents;

(e)      Specifications and properties must mentioned in clause (d) coincide with those approved by the Ministry of Agriculture;

(f)       Other information according to the international rules shall be furnished in the Bill of Lading;

(g)       The importer will be a member of Bangladesh Fertilizer Association.

(12)   By fulfilling conditions mentioned in sub-para (10), imported fertilizer can be released without post landing inspection but on condition that both the supplier and the importer will be simultaneously responsible for detection of harmful material in any subsequent examination;

(13)   Ground rock phosphate (H.S. Heading No. 25.10 and H.S. Code No.2510.20 classifiable under it) - Ground rock phosphate is importable on fulfillment of conditions as mentioned below, as :--

(a)       Total Phosphates (as P2O5) percent 28.00 by weight minimum;

(b)      Particle size minimum 90 percent, the materials shall pass through 0.15 mm IS sieve and the balance 10 percent of the materials shall pass through 0.25 mm IS sieve;

(c)      To  ensure quality its  sample has  to  be  submitted to  the  Ministry of Agriculture or an organization approved by the Ministry of Agriculture. Ministry of Agriculture will give NOC if the sample is found upto the standard on test;

(d)       Bank will open L/C on submission of that NOC to the Bank.

(e)      Post Landing inspection of imported ground rock phosphate will have to be done by the agency appointed by the Ministry of Agriculture and if the sample is found accurate on test, customs authority will allow clearance of the consignment.

(14)   Pesticides & insecticides: pesticides will be determined as per the “The Pesticides  Ordinance,   1971   (Ordinance  no.   II   of   1971)”-   Pesticides   & insecticides shall be importable subject to the following conditions :

(a)      Containers shall be in good condition and capable of withstanding the risk of handling and carrying by sea;

(b)      Correct technical/chemical name of the contents must be marked on the container; and

(c)      The  following  information  shall  be  printed  clearly  in  Bangla  on  the container:

(i)       Name of the product;

(ii)        Name and address of the manufacturer or the formulator or the person in whose name, the pesticide is registered;

(iii)       Net contents in container; (iv)            Date of manufacture;

(v)        Date of test;

(vi)       Normal storage stability and time limit;

(vii)    Name and percentage by weight of active ingredients and total percentage of  other ingredients, warning or caution statements such as “keep out of reach of children”, “Dangerous”, “Warning” or “Caution”, etc.;

(viii)    The goods should possess quality to capacitate it to be in good condition in normal storage.

(15)    Second-hand Clothing (H.S. Heading No.63.09 & all H.S. Code classifiable under this heading)- Second-hand clothing shall be importable only by selected importers on the basis of prior permission issued in their favor subject to the following conditions:

(a)      Only blankets, sweaters, ladies cardigans, men’s jackets including zipper jackets, men’s trousers and shirts of synthetic and blended fabrics shall be importable as second-hand clothing and no other items of second- hand clothing shall be importable;

(b)      Share of an individual importer shall not exceed Taka 1 (One) lac and the maximum quantity to be imported within that share shall further be subject to weight limit as mentioned below:----

(c)      If an importer intends to import more than one of the mentioned 6 (six) items of the above table then import    of the concerned items shall be limited to the quantity worked out in proportion to the value for the said items within the overall share of Taka one lac;

(d)      Other terms and conditions shall be notified by the Chief Controller in due course and L/C for import of second-hand clothing may be opened only by the selected importers on the basis of such notification;

(e)     All consignments of second-hand clothing shall be accompanied by a certificate from a recognised Chamber of Commerce of the exporting

country certifying that the consignment does not contain any item whose import is banned as per this Order;

(f)       Commercial Importers registered for second-hand clothing shall not be allowed to import second-hand clothing if they are not selected for such import in accordance with selection procedure;

(g)      A total of 6000 (six thousand) importers shall be selected throughout the country only on the basis of open lottery by a three-member district committee headed by Deputy Commissioner of the concerned district against district quota allocated by the Chief Controller of Imports and Exports worked out on the basis of population;

(h)      The concerned importers shall be required to bring imported second-hand clothing to their own districts. The Ministry of Commerce will take necessary measures to ensure compliance of this condition.

(16)     Medicine----Medicine    (Sulphonamides  classifiable   under   H.S.    Code   No.

2935.00 under H.S. Heading no. 29.35, H.S. Heading No. 29.37 to 29.39 and all items classified under them, anti-biotic classified under H.S. Heading No.29.41, all items classified under H.S Heading No. 30.01, all items including live vaccine classified under H.S. Heading No. 30.02 all items classified under H.S. Heading No. 30.03 and 30.04) included in importable list through government gazette notification by Directorate of Drug Administration will be imported on prior approval by the Directorate of Drug Administration and the amount of medicine, trade name and generic name, value, registration number given by Directorate of Drug Administration, date of manufacture and date of expiry will be mentioned in the approval letter.

(17)    Enzymes classified under H.S. Heading No. 35.07 and all items classified under H.S. Heading No. 29.36 are importable by importers and manufacturers of medicine on approval of Director, Drug Administration and subject to conditions mentioned in para 23(6) and 25(16) of this Order. Vitamin A & D (Food grade) under H.S. Heading No. 29.36 and Enzymes (Food grade) under H.S. Heading No. 35.07 is freely importable.

(18)     Bandage (sterile surgical) classified under H.S. Code No.3005.90 and H.S.

Heading No. 30.05, composite diagnostics (in vivo) classified under H.S. Code No. 3822.00 and H.S. Heading No. 38.22, syringe (with or without disposable needle) in blister pack or in ribbon pack classified under H.S. Code No. 9018.31 and H.S. Heading No. 90.18 and blood bags (sterile) for transfusion classified under H.S. Code No. 9018.90 and H.S. Heading No. 90.18 and Complete Infusion Set classified under HS Code No. 9018.39.10 are importable on permission of Drug Administration and subject to the conditions mentioned in para 23(6) and 25(16) of this order.

(19)     Parts and Fittings for Infusion Set under 3926.90.30, 3926.90.71, 3926.90.72,

3926.90.80, 3926.90.91 & 3926.90.99 classifiable under H.S. Heading No. 39.26 and H.S. Code No. 3926.90.10 are importable on approval of Drugs Administration and subject to the conditions mentioned at para 24(6) and 26(16).

(20)    Cigarette-  The  Words  “mswewae×  mZK©xKiY  t  a~gcvb  ¯v^ ‡¯¨’ i  Rb¨  ¶wZKi”  (Statutory warning: “Smoking is injurious to health”) shall be printed clearly in Bangla on the packet of the cigarette. However, in case of cigarettes imported by the

bonded warehouses, this statutory warning shall be printed clearly in any language other than Bangla on the packet of the cigarette.

(21)    Computer- Foreign commercial firms, engaged in computer business shall be allowed to import their proprietary items, i.e. new computer and its spares and accessories, either by opening L/C or by direct payment abroad.

(22)    Gold & Silver---- Gold & Silver shall be imported only by fulfilling the conditions imposed under The Foreign Exchange Regulation Act, 1947 (Act VII of 1947).

(23)   Gas Cylinder or Gas Container--- Gas Cylinder or Gas Container shall be importable with clearance certificate from the Directorate of Explosives.

(24)    Gas in cylinder (H.S. Heading No.27.05 and all H.S. Code classifiable under it) shall be Importable only with the clearance certificate from the Chief Inspector of Explosives.

(25)    Petroleum oil & all kinds of oil obtained from bituminous mineral crude- HS Petroleum Oil (HS   code No.27.09.00 under HS heading No. 2709)   are Importable by Bangladesh Petroleum Corporation. However, in private sector, it is importable with the approval of the Ministry of Power, Energy & Mineral Resources & prior permission from the Ministry of Commerce and private sector importer is to have a licence from the Energy Regulatory Commission as per Energy Regulatory Commission Act, 2003.

(26)     Ethylene oxide gas- Ethylene oxide gas (H.S. heading No. 27.09 and all H.S.

Code No. 2709.00 classifiable under it) shall be importable by recognized industries as raw-materials according to the approved block-list of Drug Administration and prescribed specification.

(27)    All petroleum products & Liquefied Natural Gas (LNG) are importable subject to conditions below :---

(a)      All petroleum products except liquid paraffin (H.S.Heading no. 27.10 and all H.S. Code classifiable under it) is importable by Bangladesh Petroleum Corporation. But all types of finished lubricating oil, grease & transformer oil along with motor car engine of minimum two APISC/ CC engine oil, lubricating oil of JASO-FB grade or TC for two stroke engine will also be importable on private basis;

(b)      Notwithstanding anything mentioned in paragraph (a), all kinds of Lube Base Oil ( H S Code 2710.19.22) shall be importable by private Lube Blending Plants.

(c)      The  private  sector  importers  shall  have  licences  from  the  Energy

Regulatory Commission according to Energy Regulatory Commission Act,

2003;

(d)     Liquefied Natural Gas (LNG), liquefied Propens & Butanes (HS Code No.2711.11.00, 2711.12.00 & 2711.13.00 of HS Heading No.27.11) are importable on private basis, but the private sector importers shall have licences from the Energy Regulatory Commission according to Energy Regulatory Commission Act, 2003;

(e)       In case of private sector import of LNG, permission from the Ministry of

Power, Energy & Mineral Resources is required.

(f)        Condensate shall be importable subject to following conditions:

(1)   Condensate can be imported only by the owners of approved fractionation plants for use in their own plants;

(2)     The enterprise shall have to make contract with BPC as per Bangladesh Petroleum Act, 1974 (Act LXIX of 1974) and related rules and regulations issued by Government time to time including provisions of this Act shall be applicable for the importer;

(3)      Prior approval shall have to be taken from BPC regarding the quantity of importable condensate and the ratio of products produced from condensate;

(4)      A certificate mentioning “condensate is being imported for use in own operational plant only” shall have to be taken from an officer, not below the rank of Director, of BPC before each consignment, informing BPC about the importable quantity of condensate.

TABLE

(b)      In case of import of Pyrex and glassware products included between HS Code 7013.10.00 to 7013.99.00, a health certificate to the effect that fit for human use, issued by appropriate authority of exporting country, shall have to be submitted to the Custom authority.

(29)    Toys and Recreational items of all types- On the body or packet of the toys of each type should be embossed the age group of the children for which they are intended.

(30)     Potato seeds- Potato seeds classifiable under H.S. Heading No.07.01 and H.S.

Code No. 0701.10.10 & 0701.10.90 shall be importable subject to the following conditions:-

(a)     The importer shall submit, along with import documents, a quarantine certificate issued by the original supplier and a phytosanitary certificate from the Government agency of   the potato seed exporting country;

(b)      A quarantine certificate shall also be obtained from the Plant Protection Authority before clearing imported potato seeds, from the Customs Authority; and

(c)     An import permit issued by the Plant Protection Authority should be submitted at the time of L/C opening.

(31)     Rice seeds (HS Code No. 1006.10.10 classifiable under HS Heading No. 10.06)

will be importable subject to the following conditions :---

(a)     The importer shall submit, along with import documents a quarantine certificate  furnished   by   the   original   supplier   and   a   phytosanitary certificate, along with export documents from the Government agency of the seed exporting country;

(b)      In case of import of hybrid rice seeds, there shall be in the phytosanitary certificate that the seed is purified with hot water treatment and with approved pesticides;

(c)      A quarantine certificate shall also be obtained from the Plant Protection Authority  before  clearing  imported  rice  seeds,  from  the  Customs Authority; and

(d)      An import permit issued by the Plant Protection Authority for importing rice seed should be submitted at the time of L/C opening.

(32)    Coal/Hard Coke- (H.S. Heading No.27.01 & 27.04 and all H.S. Code classifiable under these Headings): In case of import of coal and hard coke in both private & public sector, pre-shipment inspection certificate shall be obtained from an internationally reputed surveyor to the effect that the quantity, weight and quality (standard) of the item are found as declared and quantity of sulphar is not above

3% (three percent).

(33)    M.S. Billets- (H.S. Heading No.72.07 and  all H.S. Code classifiable under this Heading): Only prime qualities of M. S. Billets shall be imported ,irrespective of sources of fund, subject to pre-shipment inspection by an internationally reputed surveyor . Necessary certificate regarding pre-shipment inspection shall be produced to the Customs Authority at the time of releasing of goods.

(34)    Boiler- (H.S. Heading No.84.02 & 84.04 and all H.S. Code classifiable under these Headings)- Boilers will be   importable on the basis of a certificate from internationally reputed surveyor as regards to quality of such boilers.

(35)    Weighing machines (H.S.  Heading  No.  84.23  and  all  items  classifiable under this heading):- Only metric  system weighing and measuring instruments machines e.g. weighing scale, length measuring instruments (steel tape, wooden scale, flexible tape and shape wood used by tailors for measuring cloth) and its spares (in built-up or knocked down condition) shall be importable :

Provided that for commercial import of metric system weighing and measuring instruments, the importer/dealer shall have to be registered with Bangladesh Standard and Testing Institution (BSTI).

(36)    Weights & Measures (H.S. Heading No.90.16 and all H.S. code classified under this item)- Only metric system weight measuring instruments(burette, pipette, beaker, measuring flax, measuring cylinder etc.), measuring instruments (Thermometer, pressure gauze, Taximeter, water meter etc.) and weights shall be importable:

Provided that for commercial import of metric system weights and measures, the importers /dealers should have to be registered with Bangladesh Standard and Testing Institution (BSTI).

(37)       Sea-going Vessels, oil tankers and fishing trawlers (H.S. Heading No. 89.01

& 89.02 and all H.S. Code classifiable under this Heading)- Sea going Vessels, oil tankers and fishing trawlers of more than 25 (twenty five) years old shall not be importable.

(38)     Warships of all kinds (both new & second-hand) (H.S. Heading No.89.06 and all H.S. Code classifiable under this Heading)- All kinds of warships are importable only by the Ministry of Defence.

(39)  Scrap Vessels:-- In case of import of scrap vessels (HS Heading No. 89.08), a certificate to the effect that “no poisonous or hazardous waste except inbuilt materials of the ship is not being carried”  issued by the last exporter or owner and a declaration of the importer must be submitted with shipping documents.

Provided that, provisions of Bangladesh Environment Protection Act 1995 (Act No. 1 of 1995) and rules and regulations thereon shall be observed in case of ship breaking.

(40)     All items including swords & Bayonets (H.S. Heading No.93.07 and all H.S.

Code classifiable under this Heading)- Importable only by user agencies with clearance from the Sponsoring/Administrative Ministry.

(41)    Animals,   plants   and   plant   products-   Quarantine   conditions   shall   be applicable for import of animals, plants and plant products.

(42)    Tire Cord Fabric (Secondary quality)-  Tire cord fabric of secondary quality fit for making fishing nets shall be freely importable on commercial basis.

(43)    Refined Edible Oil- Refined edible oil shall be importable subject to following conditions:-

(a)      Refined edible oil is to be imported in bulk in a refined edible oil carrier tanker;

(b)      After unloading it is to be preserved in a tank terminal fit for preservation of refined edible oil and while carrying/supplying it inside the country, the concerned importer must carry/supply it in a tanker used for carrying refined edible oil or in a new container;

(c)      Importable refined edible oil must conform to the quality standard of the exporting country and to the standard of BSTI and valid certificates from the authorities of both the countries are to be submitted to the Customs Authority at the time of clearance of the goods;

(d)      In case of import in drum or bottle or container the date of production and date of expiry must be mentioned on it;

(e)      Conditions laid down at paragraph 15 of this Order are to be followed strictly.

(44)    Chicks- (H.S. Heading No. 01.05)- Only one day old chicks shall be importable according to following conditions :---

(a)      a certificate issued by the authorized officer of the Livestock Department of the exporting country, to the effect that the importable chicks are free from contagious disease ;

(b)      A certificate issued by the World Organization of Animal Health to the effect that the exporting country is free from Avian influenza, is to be submitted.

(c)      Importer must submit to the bank, at the time of L/C opening, certificate from the Director or an authorized officer of the Livestock Directorate that he has either hatchery or breeding farm.

(45)    Eggs of Poultry and Birds--- Eggs of Poultry and Birds (HS Code No. 0407.00 under  HS Heading No. 04.07) are importable on prior permission from the Ministry of Commerce subject to the following conditions :---

(a)      Eggs are importable in limited quantity from the country free from Avian

Influenza or Bird Flu; and

(b)      For every consignment of imported eggs, there must be a certificate to the effect that the goods are free from Avian Influenza or Bird Flu virus & harmful bacteria , issued from the Livestock Department or competent authority of the exporting country.

(46)    Deep frozen semen of oxen (H.S. Code No. 0511.10 classifiable under H.S.

Heading 05.11)- Deep frozen semen and Embryo of oxen , except of Frisian; Frisian Cross; Shahiwal; Shahiwal Cross, Frisian--Shahiwal Cross, A.F.S., .F.S. Cross variety, is banned. But Deep frozen semen and Embryo of     oxen         of Frisian; Frisian Cross, Shahiwal, Shahiwal Cross, Frisian--Shahiwal Cross, A.F.S., A.F.S. Cross, Bramah, Murrah, Nilliravi and Mediterannean variety       is importable.

(47)    For  the  import of  semen mentioned in  sub-para (46)  a  certificate shall  be obtained from the competent authority of the exporting country regarding the variety of semen to the effect that it is free from any contagious and venereal diseases and the exporting country is also free from Bovine Spongiform Encephalopathy (BSE).

(48)    “Ethanol (ethyl alcohol) analar grade (undenatured)” is importable only by recognized pharmaceutical units with the approval of the Directorate of Drug Administration and subject to prescribed conditions.

(49)  Cinematograph film, whether or not incorporating sound track----: Cinematograph film exposed & developed whether or not incorporating sound track is importable on the following conditions:-

(a)      Cinematograph film (exposed) in English language without sub-title and in other languages except sub-continental language  with sub-title in Bangla or in English shall be permissible for import.

(b)    Import or export permit when considered necessary, may be issued on the   basis   of   specific   recommendation   of   the   Film   Development Corporation for import or export of  the print/negative of  such Cinematographic film produced as a joint venture.

(c)        Import of cinematograph films from SAFTA countries shall be equal in number against export of films produced in Bnagladesh.

(d)      Import of  all  cinematograph films shall be subject to  censorship rule codes.

(50)     second hand/reconditioned engines and gear boxes-

(a)      Commercial import of second hand/reconditioned engines and gear boxes of bus, truck, car, mini-bus and microbus will be permissible. But such engines  and  gear  boxes  shall  not  be  permissible  for  import  if  the economic lives are less than seven years. In this case, a certificate, either from exporting country’s recognized Chamber of Commerce & Industry or from  an  internationally  reputed  surveyor  shall  be  submitted  to  the Customs Authority at the time of release of the goods;

(b)     Secondhand/reconditioned marine diesel engines above 35 (thirty five) horse power used in coasters, launches and self propelled barges and other watercrafts of this type will be commercially importable.

(51)     Tele-communications equipments---

(a)      Radio  Transmitters  and  Trans-receiver  Wireless  Equipment,  Walkie- talkie, and other Radio Broadcast Receivers including Receivers incorporating Sound Recorders or Reproducers are importable by Radio Bangladesh, Bangladesh Television, Private sector Television & Radio with permission of using Radio Frequency from Bangladesh Telecommunication Regulatory Commission and clearance from the sponsoring or administrative Ministry.

(b)    The equipments mentioned in clause (a) are importable by other Government, Semi- Government & Autonomous agencies and Private sector except the Public Sector cited in clause (a) on the basis of clearance from the concerned administrative Ministry and NOC from the Bangladesh Telecommunication Regulatory Commission.

(52)   Radio Navigational Aid Apparatus, Radar Apparatus and Radio Remote Control Apparatus--- Radio Navigational Aid Apparatus, Radar Apparatus and Radio  Remote  Control  Apparatus  are  importable  by  user  agencies  with clearance from the sponsoring Ministry.

(53)   Tanks & armoured fighting vehicles: All items including tanks & armoured fighting vehicles are importable only by the Ministry of Defence.

(54)    All items including Military Weapons: All items including Military Weapons are importable only by the Ministry of Defence.

(55)   Combat cloth- Combat cloth shall be importable only by the Defence Services and Law and Order Controlling Agencies.

(56) Ozone level depleting materials--- In case of import of any item prepared/manufactured by using ozone level depleting materials or for import of any item contains such materials, the importer must comply the Ozone Level Depleting Material (Control) Rules, 2004 and obtain permission from the Department of Environment.

(57)    In case of import of all products including wood packing materials or machinery, if wood and wooden materials are used as packing materials, wood and wooden materials  are  to  be  disinfected  with   heat  treatment  by  the  concerned Government Agency of the exporting country  following  ISPM-15 (International Sanitary and Phytosanitary Measures-15) of IPPC (International plant protection convention) and  a Phytosanitary Certificate is to be submitted to the Quarantine Authority by the importer along with other export documents.

(58)    Salt --- Common Salt (HS Heading no 25.01) (Refined or Boulder or Otherwise) shall not be importable. But, salt shall be importable by the recognized industrial unit producing chemical products, (except sodium chloride or otherwise any salt producing unit) under Chapter 28 and 29 of the First Schedule of Customs Act,

1969  (Act  IV  of  1969)  as  basic  raw  material  of  concerned  industry  and recognized  pharmaceutical  industrial  unit  as  per  approved  block  list  of Directorate of Drug Administration.

(59)    Chemicals mentioned in Annexure-3 of this Order shall be importable subject to the fulfillment of conditions inscribed in Chemical Weapon ( Prohibition) Act

2006(Act XXXVII of 2006) and Enlistment Rules 2010 made under this Act.

(60)    Fumigation is mandatory in case of import of American Cotton that means raw cotton produced and packed in Western Hemisphere.

CHAPTER SEVEN

IMPORT BY PUBLIC SECTOR IMPORTERS

27.       Public Sector Import: ---

(1)      All Ministries and Government Departments may import goods against specific allocation given to them by the Government. But in case of import of plants and plant products clearance certificate issued by Plant Protection Authority under Plant Quarantine Act, 2011 must be taken.

(2)      All Ministries and Government Departments except the Ministry of Defence shall first  duly  submit  L/C  Authorization  Form  to  their  nominated  Banks  before opening L/C for the purpose of import.

(3)      Import against specific allocation of funds- All Public Sector agencies, public sector corporations, research institutes, industrial units and Public Universities may be allowed to import permissible items on the basis of specific allocation of funds made by the Government to them for import against Government allocation. Accordingly all eligible importers shall be allowed to open Letters of Credit directly through their nominated Banks for import of permissible items on submission of L/C Authorization Forms on the basis of allocation or sub- allocation of funds without any import license.

(4)      Import under Government allocation by industrial enterprises or agencies- Government allocation for import may be made to the public sector industrial units or agencies in proportion to their requirement subject to availability of foreign exchange. Such public sector importers may import their items approved by the Ministry of Commerce in any proportion or combination within the overall allocation made to them. They shall not however sell, transfer or otherwise dispose of any imported item in unprocessed form.

(5)      Import   under   cash   foreign   exchange-   In   addition   to   imports   under Government allocation the public sector importers will also be eligible to import any permissible item under cash foreign exchange.

(6)      Import Registration Certificate (IRC) required by the public sector- Import Registration Certificate (IRC) shall not be required for importers by the public sector.

(7)      Import under Cash Against Delivery (CAD)- Public sector agencies shall be allowed to import under “Cash Against Delivery (CAD)” basis in accordance with the procedure laid down by the Bangladesh Bank.

(8)      Guidelines for import of goods by Public Sector Agencies---All Government agencies are to fulfill the following conditions while importing goods, as:---

(a)      Quotations shall be obtained before opening of letters of credit to verify the comparative market price and procurement shall be made at the most competitive rate and the provisions of Public Procurement Act, 2006 & Public Procurement Regulation, 2008 shall be applicable; and

(b)      In case of import under cash and conditional loan or grant, at least three quotations shall be obtained from registered Indentors or from foreign suppliers:

Provided that, this condition shall not apply in case of proprietary items or where value  of the consignment is less than taka one lac only.

(9)      Pre-shipment  Inspection  of  goods-  Where  the  value  of  a  single  item authorized for import is Taka fifty lac or above, the importing agency shall arrange Pre-shipment Inspection.

(10)    Pre-shipment Inspection shall be entrusted to internationally reputed surveyors only:

Provided that, Public Sector Agencies may however, be allowed to clear goods on production of a certificate from their Administrative Ministry to the effect that pre-shipment inspection requirement has been waived by that Ministry in respect of the imported items or that no pre-shipment in respect of a particular consignment was considered necessary.

(11)    Import by the Trading Corporation of Bangladesh (TCB) - TCB shall import any permissible item, arms & ammunition and   TCB shall also be allowed to import banned & restricted items upto approved quantity within the specified time with the prior permission of the Ministry of Commerce and TCB shall avail itself all the facilities of industrial & commercial imports provided by this Order.

CHAPTER EIGHT

IMPORT TRADE CONTROL (ITC) COMMITTEE

28.       ITC Committee:---

(1)      In case of any dispute between an importer and the Customs Authority on ITC classification or description of goods imported under First Schedule of Customs Act., importer may ask for adjudication by the local ITC Committee set up at Chittagong, Dhaka, Khulna, Benapole and Sylhet.

(2)      The local ITC Committees will consist of representatives of the Chief Controller, Local Chamber of Commerce and Industry and the Customs Authority and will be headed by the representative of the Office of Chief Controller of Imports and Exports.

(3)      If the local ITC Committee is required to discuss and take decision about any special type of item, a representative from the concerned Trade Association which represents that particular item shall also be invited to attend the relevant meeting of the Committee.

(4)      The importer concerned shall be given an opportunity to plead his case before the local ITC Committee and necessary decision shall be taken by the above Committee within 15(fifteen) days.

(5)      If the importer is not satisfied with the decision of the local ITC Committee, may file an appeal to the Central ITC Committee at Dhaka which consists of the Chief Controller  as  the  Chairman  and  representative  of  the  National  Board  of Revenue, the concerned sponsoring authority and the Federation of Bangladesh Chamber of Commerce and Industry as members.

(6)   A revision petition may be filed with the Secretary, Ministry of Commerce in accordance with the Review. Appeal and Revision Order, 1977, if the importer is not satisfied with the decision at appeal stage.

(7)    In  addition  to  appeal  petition,  the  Chief  Controller  may,  if  he  considers necessary, place any case relating to ITC matter before the Central ITC Committee.

CHAPTER NINE

COMPULSORY MEMBERSHIP OF RECOGNISED CHAMBER OF COMMERCE AND INDUSTRY AND TRADE ASSOCIATION.

29.    Membership etc.---

(1)         All  importers,  exporters  and  Indentors  shall  obtain  membership  from  a recognised Chamber of Commerce and Industry or membership from the concerned trade organisation formed on all Bangladesh basis representing his own trade:

Provided that, Government may exempt any importer, exporter or indentor from the aforesaid provision in the public interest.

(2)      In the cases, where importers, exporters & indentors shall be allowed to obtain IRC/ERC   against   their   provisional/primary  membership   of   a   recognised Chamber of Commerce and Industry or Trade Association established on all Bangladesh basis, in those cases the issued IRC/ERC shall remain valid upto the  validity  of  the  respective  provisional/primary  membership.  Afterwards, subject to the submission of permanent/regular membership, permanent/regular IRC/ERC shall be issued after getting the provisional one return back.

List of Controlled Items

Annexure-1

3 Inserted vide SRO No. 70-Law/2013 dated 14 March 2013

Foot note of the prohibited lists

The following goods shall not be importable:

(1)      Maps, charts and geographical globes which do not indicate the territory of Bangladesh in accordance with the maps published by the Department of Survey, Government of the People’s Republic of Bangladesh;

(2)       Horror comics, obscene and subversive literature including such pamphlets, posters, newspapers, periodicals, photographs, films, gramophone records and audio and video cassette tapes etc;

(3)      Books, newspapers, periodicals, documents and other papers, posters photographs, films, gramophone records, audio and video cassettes, tapes etc. containing matters likely to outrange the religious feelings and beliefs of any class of the citizens of Bangladesh;

(4)      Unless otherwise specified in this order, goods of secondary or sub-standard quality or below –standard or old, used, reconditioned goods or factory rejects and goods of job- lot/stock-lot;

(5)      Reconditioned office equipment, photocopier, type-writer machine, telex, phone, and fax, old computer, old computer accessories, old electronic items ;

(6)     Goods (including their containers) bearing any words or inscriptions of a religious connotation the use or disposal of which may injure the religious feelings and beliefs of any class of the citizens of Bangladesh;

(7)      Goods (including their containers) bearing any obscene picture, writing inscription or visible representation;

(8)       Import of live Swine and any item prepared from swine;

(9)       All kinds of industrial sludge and fertilizer & any other products produced from sludge;

and

(10)    Unless or otherwise specified in this order, all kinds of waste;

PROCEDURE FOR IMPORT ON JOINT BASIS

(Please see Para-10)

1.         Group by Commercial Importers: ---

ANNEXURE-2

Commercial importers have been allowed the facility of import on joint basis for the sake of economy. For this purpose subject to condition of this order, the group of the importers may be formed before or after registration of the LCA Form with the nominated authorized dealer bank.

Such importers having different nominated L/C opening banks, desirous of importing their share in cash, loan, and credit or under account trade arrangement/counter trade arrangement on joint basis may do so in accordance with the procedure mentioned below:

2.         The procedure of formation of groups to import Joint-basis before registration of LCA

form in the nominated recognized dealer bank. ---

(1)        An importer will submit to his nominated Bank the L/C Authorization Form in the   usual manner duly filled in and signed along with a declaration, that---

(a)       He had not applied in any manner to import his share for the current financial year individually and agrees to effect import of the same on joint basis under the group leadership of M/s...................................... (Name and address of the group leader with IRC No. and his nominated bank to be mentioned), and that

(b)       He undertakes not to make in any manner any claim whatsoever from the Import Control Authority in any matter arising out of default or dispute with the group leader of members of the group. Signature of the importer will be verified by the authorized officer of nominated bank with date.

(2)       The importer’s nominated Bank after being satisfied that the L/C Authorization Form, the declaration given by the importer and other required information are complete and correct in all respect, will forward these papers to the nominated Bank of the group leader and will certify on the body of the L/C Authorization Form as under:

“We have no objection to allow the abovementioned group under the group leadership of

M/s.............................................................................................

....................................................................................................... this importer is eligible to import................................................................................... For Taka..........................................

Seal and signature of the Authorized Officer of the importer’s bank with date”

(3)       The group leader will submit L/C Authorization Form in a similar manner. In addition of L/C Authorization Form he will also submit L/C Application Form covering the total value of all the L/C Authorization Forms of the group members including his own share. He will also submit a declaration to the effect that -----

(a)      Particulars given in the L/C Authorization Form are correct to the best of his knowledge;

(b)       He has not applied, in any manner, to import his share for the current shipping period     separately other than as a member of group; and that ----

(c)       He has undertaken to act as the group leader for importation on joint basis for the sake of economy by the importers in the group (here group leader will record the names and address and IRC Nos. of all the member including that of himself and their individual shares) and that.

(d)       He undertakes not to make in any manner any matter arising out of default or dispute with members in the group. The signature of the group leader will be verified by the authorized officer of his bank with date.

(4)      The group leader’s bank, after being satisfied that L/C Authorization Form and the declaration given by the group leader are complete and correct in all respects, will certify on the body of the L/C Authorization Form as under:

“We  have  no  objection  to  allow  the  above  importer  to  act  as  group  leader  of  the group................................ Members”.

Seal and signature of the Authorized Officer of the group leader’s banks with date.

(5)       Certified LCA form with all other LCA forms registration will be completed in the Group leaders’ nominated bank.

(6)       After completion of registration of LCA form, the concerned bank will send two copies of declaration and certified LCA form to the importer’s concerned Import Control Authority for post checking.

(7)       The eligible commercial importers belongs to the same nominated bank including all the branches who are interested to import under Cash/IDA credit, free loan or under credit share in the cases of Joint Basis import, the import procedure will be same. The bank will forward complete set of document outlined above, such as LCA form, declaration etc. to the Group Leaders nominated bank by endorsing necessary certification on the body of the LCA form. The group leader’s nominated bank will process the LCA form outlined as above and to complete the registration in the bank.

(8)      The eligible commercial importers, who are interested to import on Joint basis under account trade arrangement/counter trade arrangement and tied loan or credit, shall submit their LCA form to their respective nominated Bank in the prescribed manner. In such cases they do not need any application for opening of L/C. The nominated bank on being satisfied that the LCA form is in order, will forward all the copies of the same to the group leader’s nominated bank after making necessary entries in the importers Registration Certificate. The group leaders nominated bank on being satisfied that the LCA form of group leader and group members are in order and found completed all formalities of import on Joint basis being done, the nominated bank will transmit the LCA form of group leader and other members of the group to the designated bank along with the application form for opening of letter of credit for the total amount covered by individual LC authorization forms. The designated bank will open letter of credit and endorse two copies of each LCA form to concerned Import and Export control office.

3.         Procedure in case of formation of group for import on joint basis after registration of L/C Authorization Form:---

(1)       In case of formation of group for import on joint basis after registration of LCA form, the importer will submit LCA form in his nominated bank and he will inform his bank in written or submit a declaration that he intend to make a group after registration of LCA form. The importers nominated bank after being satisfied that the LCA forms are found complete and correct in all respect will register along with declaration and advise the importer to form a group or group(s) immediately.

(2)     The importer shall be required to submit a declaration to their bank exactly same manner as laid down under para 2(1) of this Annexure while forming a group. Importers signature will be attested by the authorized officer of his nominated bank. The said bank will forward the entire document i.e. LC Authorization form and declaration to the group leaders nominated bank with certificate as laid down in the para 2(2) of this Annexure.

(3)     The group leader shall also submit L/C Authorization Form and L/C Application Form with a declaration as mentioned in para 2(3) of this Annex. The signature of the group leader will be verified by the authorized officer of his bank with date and will endorse required certificate on the body of L/A Authorization Form mentioned in para 2(4).

(4)      The group leader’s Bank will then keep two complete sets of L/C Authorization Forms, declaration of all group members and certificates issued by the different banks of the group members with complete set of L/C Authorization Form including declaration and certificate issued in respect of group leader for opening of L/C and forward other 2(two) copies of L/C Authorization Forms along with complete set of papers (declaration and certificates) to the concerned Import Control Authority for post-checking. If group members belong to different Import Control Jurisdictions, complete set of papers shall be submitted to the concerned Import Control Officers of the group members for post- checking.

(5)       Where the eligible commercial importers desirous of importing their share on joint basis are located within the jurisdiction of the same Import Control Authority and have the same nominated bank including all the branches of the banks within the jurisdiction of the same Import Control Officer, the procedure for import on joint basis will be same as outlined above except that the different branches of the same will forward the complete set of documents outlined above to the branch of the same bank which is the nominated bank of the group leader. The nominated bank of the group leader will process the L/C Authorization Forms in the same manner as outlined above.

(6)      In case of import on joint basis under Account Trade Arrangement/Counter Trade Arrangement and tied loan or credit, the procedure as mentioned above in Para 2(8) shall be followed:

4.        In both cases of the formation of group, as soon as L/C is opened and transmitted to the foreign supplier, the nominated bank of the group leader will endorse the group leaders IRC as the case may be and advise the concerned Import Control Authority or Authorities and the respective banks of the members of the group about the particulars of the L/C with individual share of each member of the group.

5.        Group by Industrial Importers: In case of import by industrial units on joint basis, they should nominate a group leader and request their nominated bank to forward their L/C. As along with other relevant papers to the nominated bank of the group leader for opening of L/C in accordance with the procedure outlined under para 2.and 3.of this Annex. The group leader’s nominated bank after verification of the LCA Form shall open Letter of Credit on joint basis and endorse the LCA Forms accordingly.

6.        Importers submitting L/C Authorization Form for opening of L/C or effecting import on joint basis in violation of the provisions of the Import Policy Order, 2009-2012 or of this Annex. shall be liable to punishment as per provision of this Order.

ANNEXURE-3

By order of the President

Komol Krishno Bhatacharjo

Additional Secretary