Government of India Ministry of Finance Department of Revenue (Central Boa?rt of Excise Customs) I North Bloch-New Delhi 7 Date 23rd Feb, 2017 To i Sh. Srinivas Kodali, Heights, . P, Janardhan Reddy Nagar, Gachib'owli, Hyderabad, Pin: 500 032 -- Subject: Online application for Information under Section 6(1) of RTI act I 2005 reg. Reference: Reg. dated 31/01/2017. Please refer to your online RTI application dated 31/01/2017. on the subject above. a . 2. Your RTI application ?was examined. In respect'of information requested by you, it is informed that: W.r.t. point 1, 3, the information sought is already replied vide this of?ce letter even no. Dated 15.02.2017 (cepy enclosed). Reference No. was inadvertently mentioned as dt. 31.01.2017. . W.r.t. point 2, AphotoCopy of ?le notings leading to noti?cation no. 140/2016? Customs (N .T.) is enclosed herewith. (19 pages) pg. 1 to 19 'notingsr-?and (117 pages) 1 .to 117 of correspondenceyou are net satis?ed with the reply, you may ?le- an appeal?Within 30 days (receiving'date of this letter) before Appellate Authority i.e. Zubair Riaz Kamili, 1St appellate Authority Director (Customs); Room. No. 227-B North, Block; New Delhi? 110001; i - Encl: As above. MW 1" I (B. ntli??uj am) Secretary Government oflndiz Ministry ofFinance Department of Revenue (Central Boart of Excise Customs) North Block, New Delhi Date [801. 2017 To Subject: Online application for Information under Section 6(1) of RTI act 2005 reg. Reference: Reg' dated 31/01/2017. Sir, I Please refer to your online application dared 31/01/2017 on the subject above. 2. As'per RTI Act, 2005 and rules made there under. fees have to be paid for providing copies of file notings, correspondence, etc. It is to inform you that in respect of point 1 of your application, no such information is available in the records. In respect of point 2 of your application, the total number of relevant pages as per records maintained in this Section is 135 pages . Accordingly, the rotal fee for providing copies of requested information is as under: Total No. of pages 135 Total Fees RerI- 135 270 ifiomfl (Cost Fee required R51 270/-- 3. Point No. 3 is already covered under pt. 2. 4. You are requested to send additional fee amounting to Rs. 270/- for providing information requested by you in subject application. Yours faithfully, fl" Secretary Customs-II] (J F.No.40l /?234/20l O-Cus Ill Sub: Petition of M/s Steel Tubes India I PUC is a reference from Ministry of Commerce and Industry (DGFT) enclosing a copy of EMO ID No. dated 25.2.2016. The PMO letter in turn encloses a representation from-M/s Steel Tubes India regarding leakage of data released by Customs authority. 2. M/s Steel Tubes India has stated that Indian Customs Authority has made it very convenient for any person to get exports data at cheap rate. The data obtained contain vital and in depth about export. such as name of buyers, complete address, details of the export product, quantity, rate of export product, country of export, incentives, etc. This information is-uscd by the new local vendor in development of their new business in an unethical manner. These local vendors have not equipped with the expert level of quality, quantity and so on. This sort of action leads to rejections and bad impression about the Indian exporter at international level. Some of the overseas buyers have repeatedly conveyed the message about such incidents. Unfortunately, no action could be taken against such unethical exporters. data with greatvdetail. 3. who have sent this reference have in their forwarding letter stated that an inter-ministerial meeting was held on 14.8.2014 which included the issue of reviewing all the noti?cations governing publications of daily list of export/imports as also the mechanism in extent of data being provided by Steel formations in the daily list in the interest of securing privacy of commercially sensitive data. DGF have requested for review and action taken on the issue. India have been examined. Allegations of leakage of commercially sensitive data and its misuse have surfaced in the past also. Due to the sensitivity of the matter and the institutional capacity to investigate, the matter was referred to DRI in 2011 to probe about the source of leakage even though such leaks. in the past were blamed on ICES 1.0 and of local origination. 5. Theinquiry report is not in the ?le. Perhaps DRI has till date not given it. the noti?cation is concerned, it is submitted that CBEC had noti?ed Publication of Daily Lists of Imports and Experts Rules in 2004 with following data ?elds for publication: [Noti?cation No. 128/2004-Cus. (NT), dated 19?11?2004 refers] Daily list of imports - Port or country of origin of consignment. (ii) Description of goods. Quantity of goods. (iv) Value of goods. Names of the steamers. Daily list of exports Destination. (ii) Description of goods. Quantity of goods. (iv) Value of goods. Names of the steamers. M/s Steel Tubes India have requested for a ban on publishing expert 4. Above reference from DGFT and the representation of M/s Steel Tubes Now we have a repeat of such allegations. As far as the DGFT point of reviewing This was subsequently revised "Vide noti?cation N0. 18/20127Cus. (NT), dated 5- 3-2012 which provides for publication of six data ?elds on the exports as well as import side. These are: Daily list of imports- Port or country of origin Description of goods Customs tariff heading Quantity Unit quantity code . Value of goods (in rupees) (1in list of exports - Port of destination Description of goods Customs tariff heading Quantity Unit quantity code Value of goods (in rupees). Submitted please. headings as well at the same time there is no progress in ascertaining the source of leak. - (Zubair Riaz) Director (Customs) 31.5.2016 I JS(Custans) 449:: 7 mm ?t MW . bthong ?1 6wo?z?? turn Aw AX th c. We have made the information more precise by providing for tariff Unwmh I . ?but?; ow Wei? Ii} nu. 0000 0-0000 GO 0000 0000000 0000000 QC ,0 $2 2% . . 3,119 gig. A 1.423uxmji ?333% $34 3% 35%. 9% 4m ,g @4236? :60 33px gram 3 W), at .9 I) 0? ?marten . r, Ill va- 4~ r" Sub: ?Petition of M/s Steel Tubes India Notings on pro-pages refer We are examining a reference from DGFT, enclosing a copy of PMO II) DATED 25.2.2016, forwarding a representation from M/s Steel Tubes-India regarding leakage of data by customs authorities. (2) M/s Steel tubes India have stated that customs authority has made it very convenient for any person to get EXIM data at cheap rates. The data obtained contains vital information about exports such as name of buyer, details of the export of product, quantity, rate, country of export incentive etc. This informatio 1 after being leaked is exploited'by the new local vendor in development of their business in an unethical manner. The local vendors are not equipped with the expert level of quality, quantity and so on. This sort of action leads to rejection and bad impression about the Indian exporters at International level. M/s Steel Tube India has requested for a ban from publishing export data with great details. (3) While forwarding the reference, DGFT have referred to point No. .5 pertaining to privacy of commercially sensitive data and the decision taken in the inter-ministerial meeting held on 14.8.2014 wherein it was decided by Chairman (EC) that the custOms wing would ?comprehensively review the noti?cation No. 128/2004?Customs NT (governing publishing of daily list of export and imports) as amended, as also the mechanism and extent of data ?elds being provided by ?eld formation in the daily list in the. interest of securing privacy of commercially sensitive data. (4) The reference from DGFT and the representation of M/s Steel Tubes have been examined. Allegations of leakage of commercially sensitive information ane its misuse has surfaced in the past as well. Due to the sensitivity of the matter and the institutional capacity to investigate, the matter was referred to DRI in 2011 to probe the source of leakage. Hon/ever, report from DRI has not been received till date. (5) Noti?cation (NT) provides for publishing of daily list of export and imports. This noti?cation was subsequently amended vide Noti?cation (NT). The comparison of the data fields provided in the basic noti?cation and thereafter in the amending notification is as below. .Date ?eld provided under Data field provided under Notification NT notification No.18 of 2012-Cus NT Daily list of imports Daily lis.t of imports i) Port or country of origin of i) Port or country of origin consignment ii) Description of goods ii) Description of goods Customs tariff heading Quantity of goods iv) Quantity iv) Value of goods v) Unit quantity code v) Names of the steamers vi) Value of goods (in rupees) Daily list of exports Dal] list Qfexports i) Destination i) . Port of destination ii) Description of goods ii) Description of goods Quantity of goods Customs tariff heading iv) Value of goods iv) Quantity v) Names of the steamers v) Unit quantity code vi) Value of goods (in rupees) The matter of supply of data to the trade, its relative in favour and aganist - arguments have been discussed at length in on n/pages 26?28. As per the directions of theFM, in the said file, it was-decided to strike a . . maintain confidentiality. Even though Customs department Cannot be held?at?fault balance betWee?n the need to information I ?7 0000 COO 0000 0000000 0 0 Chairm 11 EC in the matter, yet the petition of M/s Steel Tube India would point to the fact that the data. pilferage is happening giving cause to the grievances of the affected parties. (7) Publication of daily list of imports and exports is a legacy issue carrying on from I951under the noti?cation No. 82/1951 issued under Section 9 of the Sea Customs Act, 1878. This has continued thereafter vide noti?cation No. 128/2004- Cus (NT) as amended read with clause (3) of sub section (2) of section 156 of the Customs Act 1962. I (8) Legacy issue part, the task of publishing statistical data relating to exports and imports is primarily the concern of DG .of Commercial Intelligence and Statistics (DGCIS) working under the Ministry of Commerce. However unilaterally withdrawing this facility which has been. in vogue since decades, due to misuse/ leakage, may not be a feasible option. (9) Since Chairperson, EC has taken a stand in the inter-ministerial meeting held on 14.8.2014, to review the customs noti?cation concerning the subject, therefore, as discussed we may refer the matter to Commerce Ministry ascertaining their views as to whether DG (CIS).can entirely take over the task of providing sitch trade related non?sensitive information to the consumer. (10) Draft 13.0. letter from the Chairman (EC) to Commerce Secretary is put up for approval please. 'We may also seek views of major customs houses on feasibility of withdrawing the customs- noti?cations. I (Zubair Riaz) Director (Customs) 14.6.2016 JS 1 Customs ?n letter Men?i?her (Customs) bum? limo Talk ha- I .. (,7wa WW Ma We. it m, .. Enacted av? ??Wll I MM {CW/Mira Lama twill i: W?s? I 3 3ill?)- i hll?tl . fat; mu WW 1 . The current practice of providing description of goods is in conformation with the international practice of disclosure of information by the respective Finance Ministries. For example, the US Customs has authorised a few organisations to provide for the similar data which is more exhaustive than that is being provided under the . - Noti?cation Na. 18/2012?Cus NT. Similarly, Japan (We) publishes the information like Country of origin, unit value of the goods etc on the website of their Ministry. . If the international importers/exporters do not ?nd the publishing of the details of the import/export of goods in public-domain damaging, it cannot be strikingly different to the Indian exporters/importers. . The infatuation maybe limited to the providing of the tariff description only but it would not help the beneficiaries. Many a times the tariff description itself does not suf?ce to give a clear idea of the items imported/exported. The general trade parlance cannot be accommodated word to word as per the tariff classi?cation. a a For example - Calcium Nitrate is the trade description of goods, but the tariff classi?cation is ?double salts of ammonium nitrate and Calcium nitrate?. The variation in tariff description and trade name created such confusion that the matter was taken up in the tariff conference and was referred to the Board for clarification. . Merely providing the tariff description may result in increased number of representations and RTIs to seek further information. . The biggest conundrum that may arise by limiting to the tariff description would be the responsibility of providing the accurate description. If the CBEC does not provide for the authentic data correlating with the tariff classi?cation there is no other agency/organisation which is equipped with the know how of the technical knowledge to carry out the same. . It is therefore submitted that the practice may be limited to the providing of the tariff description but it may open . another Pandora Box Which would result in the replication of the entire process of deliberations. Moreover there are no facts that have been brought to the notice of the Board that give a strongtiltin the favour of discontinuing an 7 ages old . 0000 O, (W . - AnurimaS arma OSD (Customs) r) a (CustomsWM. 40177;? [62.14% LLka wax/Lit.? C) Prim) BIL Sway Um, ricva UQC fw??(V) Ki?vaH Ania .) ?lsi'wug - ?onuth A . C) 3 3 045/5 g. we; 2? aw . 6&3; 95.7th 3:14 ., ?agesz 9) . "mg/aft?? W625 -000000 0 0 ?gf/W [Sigh EWMMQ M7 1 7 r- me A .. .. .. I. 00 000000 irwv . 0 0 0 0?0 0 00 000000000 a ?0&5 . .53 393 ?337?. 34%: 1&3 3:3? Ekxoa. 6 5mg 43a. cxi? . . a $3 . k?fu 3 Mb gm. 0 ?im?c .As\\?ag ?w :11. 2., . mu altrl P. . T895 ?va?horp PW gym?Mags. Eniwg (ab. +09. @rwmu?i Energ?aidu?wnuu. in.? F.R. is a 0.0. letter dated 30.8.2016 from DG, DGFT and addressed to the Chairman, CBEC has been received from the Ministry of Commerce 8: Indu$try, DGFT enclosing therewith a?complaint dated 8.7.2016 from Shri Abhay Jain regarding leakage of classi?ed trade related information, which may compromise individual commercial interest of exporters. 2. It has been mentioned in the complaint that the possible leakage may be from the Customs EDI sewers, which needs to be suitabl? addressed through enhancement of. security/safeguards. 3. have stated that Foreign Trade data is being campiled and disseminated by in accordance with the Data Dissemination Policy (DDP) mentioned at Para 1.36 of the Fereign Trade Policy (FTP) 2015-20, which aims at maintaining con?dentiality of commercially sensitive business data of exporters and importers. Transaction level data is accordingly not be made publicly available. 4. They have also drawn attention to the issue of "Privacy of Commercially Sensitive Data?, which was one of the.10 DGFT items discussed in the inter-Ministerial Meeting held on 14.8.2014 under the chairmanship of Revenue Secretary and it was decided to Customs Wing of Deptt. of Revenue would review the noti?cations governing publishing of daily lists of exporterS/importers. 5. DGFT have. therefore requested that the status of review and action taken on the issue may be informed and also requested to issue necessary instructions to the field formations and other of?cers concerned so as to address the issue of data leakage at all levels - within the Department. 6. in this regard, it may be mentioned that comments on the efficacy of publishing these lists. and the advantages/disadvantages of continuing or discontinuing the practice, have been called from the ?eld formations vide this office e.?mail dated 22.6.2016 and subsequent reminder dated 5.972016. However, the requisite inputs in the matter are still awaited. Submitted for consideration and further orders, if any, please. I grad/0?? .t -- I (if;ng I eel - I . Ne?bnbm .IMLML Lew/w- Julin (in. He. may his Me:me [es-2cm? ire EXLM trade WM 3' ?me? antt Wyatt/<2, amigo/?w (Edi/- Wm I 6 mm is 136;, arm we mtg; Lia "?ux/Cme M- mm Li?08.wl? WNW 0 I Neck 066/5 We? 000 0000000000 0000 . .J i Cams . in er?3 33% 3. ixqu g. *5 3 Nabv1.3 have $2 .w Sago?aw? g??gxg?go?axg EKE C. ?gsfi?? 3. E. g? 34$ mogx regarding complaints on publication of even number dated 17;) Lists is that the files are populated by the ICEGATE picks up these zipped text files download the same through the link provi 4. Ole DG(Systems) has therefore mentioned that the re the description of the goods with the tar changing the script to the desired logic an Alternatively the entire data may be provi the daily list by taking over the present However, this will lead to duplication of the 5. Keeping in view the above situations aris goods with the tariff description, O/o publication of the daily lists and the NIC the changesget implemented, in addition Customs_(NT) dated 5.3.2012. This has been re 2. 0/0 DG(Systems) have stated that a detai technical team and it was ascertained that the 3. 0/0 DG(Systems) has further stated that goods with the tariff description would slow down. the who consuming and may in fact delay the dissemination of the data. F.R. is a reference through e-mail has been received from the 0/0 DG(Systems) Daily lists under Notification No.18/2012- ceived in response to Board?s letter of led discussion was held with the WIPRO present manner of publishing ofthe Daily las per the scripts provided by NIC team and and provides _the__s_ame to the users who dad on the ICEGATE website. does not populate any fields butonly picks up' the already generated ?les. - changing the column of description of le process signi?cantly, time~' quirement of the changing iff description can be done by the NIC by after the present status-qua is Continued. ded to ICEGATE who would then be providing work being performed by and data as well as of data leakage. ing due to changing the description of F, Systems have suggested to discontinue the team to do the required changes at the code level. If approved, they may have to provide the data for the period not posted until to the last 7 days data which they are presently providing so that the compliance with the terms of Noti?cation Customs(NT) dated 5.3.2012, is ensured. we 94% V315 So/Cdm rs LU.- ItaaSubmitted for perusal and consideration please. yycwef GOO -15- Please see note on pre-page (Pg 2. As directed, draft letter to 06 (Systems) is placed below for approval 3. lnthe matter, I is an email dated 12.10.2016 addressed to Chairman, office has been received from Prashanth 8.6. of FANUC India Private Limited requesting CBEC to Issue permission to respective departments to suppress import data available in private website based on their IEC Code. An email dated 29.08.2016 (FIX) was received with the same subject from the sender earlier. 4. Another email dated 27.09.2016 addressed to from Hemant Korwar has beenreceived and the same is placed below as flagged ll. Shri Korwar has brought to notice that detailed import data are still published by web portals and has requested for immediate action. 5. In light of draft letter to DG(Systems), if approved, we may also reply to Shri Prashanth 3.6. and Hemant Korwar by email as per draft reply placed below. (DFA-II). 6. Further, we had writtento the Chief Commissioners of Customs, Chennai, Delhi, Mumbai and Ahmedabad for their inputs in the matter on 22.06.2016 and 05.09.2016, replies to which are still awaited. If approved, we may send reminder to the above mentioned offices as per below. 7. CBEC also wrote to the Commerce Secretary seeking comments on the utility of publishing daily lists and whether Directorate General of Commercial Intelligence and Statistics (DGCIS) is willing to take over the responsibility 'of - publishing the daily lists of imports and exports a part of its mandated job. Please refer Chairman's D.O. dated 29.08.2016. No reply has yet been received from the Ministry of Commerce and Industry. 8. Please refer notes at on page wherein it was proposed to seek action taken report from DG, Systems before replying to the D. 0. letter dated 30.08.2016 from DG, DGFT. On the basis of the reply from 06 (Systems), we may send a reply to DGFT. Accordingly, draft letter at DFA-IV may please be approved. 6. Chairman (EC) has also inquired the present position in the matter and therefore file may be submitted for perusal. (B. Kon houjam) Director (Customs) away on training Joint Secretary (GUS/(ems) 33,. U3 D?nn .111 rlv?? Jerx CamraM' is LAMA DQvW/tr? (A lube). ()Wl mag?, 615W -17- a Computer No. 122001 Government of India Ministry of Finance Department of Revenue (Central Board of Excise Customs) subject: Proposal for rescinding Publication of Daily Lists of Imports and Exports Rules, 2004 (noti?cation No. 128/2004- Customs (N.T.) dated - 19.11.2004) regarding The daily lists of imports and exports are being published since 1951 under notificatidn No. 82/1951 dated 26th November 1951 (as amended) issued under clause of Section 9 of the Sea Customs Act, 1878. The publication of daily lists has continued vide noti?cation No. 128/2004? Cus as amended read with clause of the sub-section 156 of the Customs Act, 1962 to provide relevant trade information relating to exports/imports while maintaining con?dentiality. The six data fields published on the exports as well as import side are: Daily list of exports- Daily list of imports- 1. Port of destination 1. Port or country of origin 2. Description of goods 2. Description of goods 3. Customs tariff heading Customs tariff heading -4. Quantity 4. Quantity 5. Unit quantity code 5. Unit quantity code 6. Value of goods (in rupees) 6. Value of goods (in rupees) 2. The task of publishing statistical data relating 'to exports and imports is not the primary function of Customs but that of the Directorate General of Commercial Intelligence and Statistics under the Ministry of Commerce. Customs provide relevant information in the form of DTRs to which compile and disseminates trade data. - - - 3. The rationale behind publishing daily list is to support trade analysis, predict market trends, eliminate speculative practices, etc. However, in the recent past, in addition to complaints from the trade, references from PMO forwarding grieVances from the trade has been received in the Board suggesting leakage and misuse of commercially sensitive data. It is important to mention that the above mentioned data-fields had been. arrived at after due deliberations on similar complaints in the past. - 4. In response to continued complaints, as a remedial measure, Board has written to D6, Systems Data Management to replace actual description of goods with tariff description in the daily lists. Views on the utility of publishing daily lists and whether Directorate General of Commercial Intelligence and Statistics (DGCIS) is willing to take over the responsibility of publishing the daily lists of imports and exports as part of its mandated job was requested from the Department of Commerce. The response of the Department of Commerce is ?agged as FIR and placed below. 5. In her response, the Commerce Secretary has suggested that CBEC may like to discontinue the practice of daily publication of transaction-wise data stating'that even after suppression of a few ?elds, the ?elds available are good enough for the public to have a grasp of Commercially relevant info. has stated that transaction level data is not made public by in compliance with dissemination policy under Para 1.36 of the Foreign Trade Policy 2015-20. It has therefore stated that it would not be appropriate for to take up the responsibility of publishing daily trade data as it would con?ict with its data privacy policy. GOO . 0000' GO OO 0.0 m. o" t" 11 7 ,1 . ?at. .. on fl [Lj 4 will}; ?Cswe0 lg L) x) ?18~ 6. Earlier in 2004, .a proposal was put up to the Finance Minister for discontinuing the publication of daily lists of imports and exports on the grounds of misuse of data by unscrupulous persons to the detriment of fair trade and that - the task of publishing data relating to exports and imports is of DGCIS and not Customs. The Finance Minister noted that we must strike a balance between the need to publish relevant trade information relating to exports/ imports and the need to maintain confidentiality and therefore the publication of daily lists continued. 7. Twelve years have passed since but the Board continues to receive complaints of misuse and leakage of commercially sensitive data from the trade while the practical utility of such publication of daily lists is indeterminate. Over the years, much transformation has occurred in the computer information technology and many web-based companies who aggregate published data employ data mining tools whiehcan uncover information or patterns which may compromise con?dentiality and adversely affect fair trade. At the Inter?Ministerial Meeting held on 14.8.2014 under the chairmanship of Revenue Secretary, dmmustoms Wing of Department of Revenue would review the ??fi??catlons governing publishing of daily lists of exporters/importers. In her D.O IEtter, th?Commerce Secretary has expressed that unscrupulous elements despite the suppression of few ?elds by CBEC, continue to exploit available data?to the disadvantage of the trade. The Department of Commerce has suggested discontinuing the daily publication oftransactlon ?wise_cKata. However, in view of rEferences received from the PMO and complaints received from the trade regarding leakage of trade sensitive data, the risk that current day technological know-how poses to commercially sensitive data and fair trade practices and the llfact that already compiles and disseminates trade data shared by minimize duplicity? publication and safeguard data privacy, it is felt {?t?the Government may consider discontinuing the publication of daily lists of imports and exports. Thus, tile is put up for approval of Hon?ble FM to discontinue the publication of daily lists and therebygescind noti?cation No. 128/2004- Cus a . . Issued under the Customs Act, 1962. 7. A draft notification (DFA) has been attempted in view of above for consideration and approval. . Mg, Ha I (B. Kontlioujam) Under-.Sizcretary Joint Secretary/{Custom? Member (Customs! Ken ()Xl Chairmn EEC) f? :7 ??ll will DA nit-ma 000000 Fair copies of notification no. 140/2016- Customs(N.T.) (in English and Hindi) may please be seen before issuance and forwarding the same to Government of India Press, Mayapuri for publication in the Gazette of India. (3 ll. 91> (B. Konthoujam) Director@4309 0 0 0 0 0 x) L) To: Sir, mu F.No.401/234/201o- Cus In Government of India Ministry of Finance Department of Revenue Central Board of Excise and Customs North Block, New Delhi 25th November, 2016 The Manager Government of India Press Mayapuri, New Delhi- 64 Subject:- Publication of Notification in the gazette of India- regarding Please find enclosed herewith following Notification both English and Hindi version for simultaneous publication in the Gazette of India, Extraordinary Part-ll, Section 3, Sub- section dated 25th November, 2016. 1. Notification No. 140/2016? Customs (N.T.) dated 25.11.2016 (F. No. 401/234/2010- Cus Ill). This issues with the approval of Special Secretary. Yours sincerely, at, A (L. Satya 'Srinivas) Joint Secretary . \lo G?vo 6H5, 234/ 2010- Cus Ill Government of India Ministry of Pinance Department of Revenue Central Board Of Excise and Customs North Block, New Delhi 25th November, 2016 To, The Manager Government of India Press Mayapuri, New Delhi? 64 Subject:- Publication of Notification in the gazette of India- regarding Sir, Please find enclosed herewith following Notification both English and Hindi version a for simultaneous publication in the Gazette of India, Extraordinary Part-ll, Section 3, Sub- section dated 25th November, 2016. .1. Notification No. 140/2016- Customs (N.T.) dated 25.11.2016 (F. No. 401/234/201-0- Cus Ill). This. issues with the approval of Special Secretary. Yours sincerely, (L. Satya Srinivas) Joint Secretary Ham aim, o. (PUBLISHED IN THE GAZETTE or INDIA, EXTRAORDINARY, PART II, SECTION 3, GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT or REVENUE (CENTRAL BOARD OF EXCISE AND CUSTOMS) New Delhi, the 25th ofNovember, 2016 Noti?cation No. 140 /2016-Customs (N.T.) G.S.R In exercise of the powers conferred by section 156 of the Customs Act, 1962 (52 of 1962), the Central Government, being satis?ed that it is necessary in the public interest so to do, hereby rescinds the noti?cation of the Government of India in the Ministry of Finance (Department of Revenue), Noti?cation No. 128/2004- Customs (N.T.) dated 19th November 2004, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub- section vide number G.S.R.758 (E), dated the 19th of November, 2004, except as reSpects things done or omitted to be done before such rescission. No. 401/234/2010? Cus 0/ I (B. Konthoujam) Under Secretary to the Government of India if . ?x 1/ (81113 31131 11, 131133 3, (11) fr - 8112? iaca 1321131 (W 33112? aw U61 511-51) mga?a? 2015 31mm 1:1. 140l2-016-2?meg? 111111 3W 1962 (1962 52), ?1 21111 156 aym mm? 758 (31), 19 Ham 2004 a; 21112111 11 31123 mm: a% 31131 11, @133, 3111513 awn?am, WW ?rm) 19 Eda-{2004 ?a?agmzi [ran 21?. 401l234l2010?WW 111] EM . af?rm) . 3m: HEW, lama 00000009006; 000000000000000 so 000000 .00 i F7 (an . (W (UNDERTAKING BY ADMINISTRATIVE DEPARTMENT) GVERNMENT OF INDIA . MINISTRY OF DEPARTMENT OF REVENUE The Competent Authority in the above mentioned Ministry Department has approved'publication of a Gazette notification and subsequently the authenticated matter for Gazette. notification has been submitted by this Ministry of Finance/ Department of Revenue vide letter No.? F. No. 401/234/2010? CUS dated 25th November, 2016. 2. it is understood the procedure defined by the Ministry of Urban Development regarding e- publication of Government of India Gazette notification, this Gazette notification ,this Gazette notification will be e?published on the official website i.e. and no physical printing will be undertaken and no hard copies will be provided. It is undertaken that this Ministry Department Will take all ste submission and circulation of the e-pub?lished Gazette notification (either in electronic form 'or in physical forml?to various authorities mandated by Law or otherwise. In particular, timely submission will be ensured, wherever required to submit required number of copies for laying on the Table of Both the l--louses of Parliament, the Committee on Subordinate Legislation, Parliament Library, etc. (L..Satya Sri?nivasl' Joint secretary (Customs) ps and action necessary requiring Signature Place: New Delhi Date 25th November, 2016 Ministry of Finance Department of Revenue. Srii'i?rl. SHINE-RS) - Jami Secretary (Customs) Stamp/Seal" To I I Central Beam or Excise 5: Customs of Finance genanment of Revenue) . ovi. oil The Manager I Mia. New Deth Government of India Press Mayapuri, New Delhi- 64 W?m 3W 13?61; WSW 313?) a? W, Wzsa?a?a 2016 am? if. 140/2016-mmaw man?r. mm 3m, 1962 (1962 am 52), a? ?lm 156 a?m m?m?waw?mm?q??m?mm?mma??m, W19W2OO4$mmam$m, We}; ll, Etc: 3, (Ii) 23% WW mam, Ea 24mm @3133? ?i 19' Baa?? 2004 Tim?7r EH pm. If. 4011234I20104??'r?? In] em 7,911 WW) 3; 3133' a i if a? I (Ema a; n, 3, 3w?? fr 0.00 ?00 0 000 0000000 0 00 GO 0'0 0? It) BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART SECTION 3, I GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE (CENTRAL BOARD OF EXCISE AND CUSTOMS) New Delhi, the 25"? of November, 2016 Noti?cation No. 140 /2016-Customs (N.T.) G.S.R In exercise of the powers conferred by section 156 of the Customs Act, 1962 (52 of 1962), the Central Government, being satis?ed that it-is necessary in the public interest so to do, hereby rescinds the noti?cation of the Government of India in the Ministry of Finance (Department of Revenue), Noti?cation No. 128/2004? CuStoms (N.T.) dated 19th November 2004, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub- section vz'de nmnber G.S.R.75 8 (E), (dated the 19th of November, 2004, except as respects things done or omitted to be done before such rescission. N0. 401/234/2010? Cus 91" (B. Konthoujam) Under Secretary to the Government of India {if OFFICE OF THE CHIEF OOMMISSIONER OF CUSTOMS ti MUMBAI ZONE-I, NEW CUSTOM HOUSE, BALLARD ESTATE, MUMBAI-400 001 . F. NO. 30(05) 2016- IV Date: .11.2016 To, 0 The Under Secretary (Customs 0 CBEC, North Block, New Delhi -110 001 Sir, Sub: - Publication Of Daily Lists CBEC notification no 128l2004-Customs (NT) as amended regarding. . .. i Kindly refer to the letter F.N0. Itl dated 01.11.2016 on the above 0 cited subject (Copy Enclosed). In this regard, it is requested to please provide a copy of the Board?s letter dated 0 05.09.2015 0n the above mention subject so that this Office may able to furnish the requisite informatiort/inputs in the above Subject matter. - - Yours faithfully (Hosh'ang Jal) - - ASST. COMMISSIONER OF CUSTOMS CCO, ZONE I Encl: a/a a - Wan? (O Government of India Ministry of Finance \ftb ?gs} Department of Revenue . \x 005.7 Central Board of Excise and Customs \W?-gyy a North Block, New Delhi . i . 01$t November, 2016 i The Chief Commissioner of Customs - Ahmedabad/ Chemai/ Delhi/ Mumbai I/Mumbai II/Mumbai Zone Sir/ Madam, 23"? Subject: Publication of Daily noti?cation no 128/2004- Customs (NT) as f) amended if 5 Please refer to Board letter 05.09.2015 on the subject above. - . 'i 2. The requisite information/ inputs in the matter is still awaited. Hi way?? t? 3 3. You areonce again requested to ?irnish your comments at the earliest to the Board. ?l . Yours faithfully, "l . f) . - (B. Konthoujam) . . - Under Secretary f) (Customs L.) or) F. No. 40 0.34/20 1 0? Gus Department of Revenue Customs Section Hindi Section is requested to provide Hindi translated copy of the enclosed Noti?cation urgently. B. US ((1113111) Asst. Director (Hindi Section) of Revenue. - oo 0 0?0 0 000 L. BE PUBLISHED IN GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, 01)] I GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE (CENTRAL BOARD OF EXCISE AND. CUSTOMS) New Delhi, the 9th of November, 2016 Noti?cation No. /2016?Customs G.S.R In exerciseof the powers conferred by section 156 of the Customs Act, 1962 (52 of 1962), the Central Government, being satis?ed that it is necessary in the public interest so to do, hereby rescinds the noti?cation of the Government of India in the Ministry of Finance (Department of Revenue), Noti?cation No. 128/2004- customs (N.T.) dated 19th November 2004, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub- section vide number G.S.R.758 (E), dated the 19th of November, 2004, except as respects things done or omitted to be done before such rescission. F. No. 401/234/2010? Cus 0 (B. Konthouj am) Under Secretary to the Government of India - - COMMERCE SECRETARY GOVERNMENT OF INDIA new DELHI-110011 - 7 November 2016 . ?i 0 Please refert our D.O. letter No. dated 29.08.2016 seeking our views on daily publication of import/export data by Customs. The was consulted in this regard and our views are as under: . . - 2. Securing privacy of commercially sensitive data has been one of the primary I concerns of the Department of Commerce and with that objective data privacy policy was framed and notified 'by since 2011. CBEC is the primary sourceof data generation 0 and trade data processed in is secondary in nature. 0 3., Publication of the daily list has- been subject to misuse by some unscrupulous agents 0 and reportedly compromised the effectiveness of the data privacy policy. But lam informed that Customs, while publishing daily data, maintains a system 0f suppression of speci?c 0 fields (like name of exporters) so that the importers/exporters are not easily identifiable by data miners. But even after suppression of a few fields, the fields aVailable to the public are 0 good enough to have a grasp of commercially relevant info. Therefore, you may like to? discontinue the practice of daily publication of transactionwise clan ?w 0 4. The DGCl&Slcompiles and disseminates trade data in accordance with the data dissemination policy under Para 1.36 of the Foreign Trade Policy 2015-20 which aims at maintaining con?dentiality of commercially sensitiVe business data of exporters and importers. Transaction leveldata is, accordingly, not made public by Therefore, 0 taking up the responsibility of publishing the daily trade data would not be appropriate for . as it"would conflict with its data privacy policy. . - . . Yours sincerely, 1 wawa??m(Rita Teaotia 0 Shri Najib Shah - . Din (W) 0 Chairman - Central Board of Excise Customs Department of Revenue . 1 a North Block . 0 New Delhi '5 O- S0 (Sr/7b . . . 5 iRoom -- l? - 7 ?i Fior?ro m~33004x99 PA RT II?Scctiun Hub?sec tion (1) whim 19: m?m PUBLISHED BY AUIHORITY Ii. 511']- We? W, w, 20mm 28, 1926 511] NEW DELHI, FRIDAY, NOVEMBER 19, 2004MBTIKA 2.8, 192;; (W ?rm) Him, 19m, 2004 . Ti. venom??lm (13.5.) Wm. gamumw safari-1m, 1962 (1962 52) 3% am 156 ma 82, W26 289m age?m?, Etna; _7 Paar, 1957 am safa?x??am a. 34-6?m 23m; ?m(2) ?m?m?mm??r?r?m?m 2. m?mamam??vf?amma??ww?mm??wam?m suns (31mm (1) [gm Hume 1. Short title and commencement. (1) These rules may be called the Publication of Daily Lists of Imports and Exports Rules. They shall come into force on the date of their publication in the Of?cial Gazette. A Publication of daily lists of imports and exports. (I) The Commissioner 7 of Customs shall publish or Cause to be published in such manner as he deems - a list of all goods imported into or exported from a port functioning on the Electronic Data Interchange (EDI) system. Explanation: For the purposes of these rules, ?the Electronic Data Interchange (EDI) system? means the customs computer system, through which an electronic declaration or manifest, of the particulars relating to imported or exported goods, is lodged by the authorized person through the 'data-enny facility provided at the service center Or the data communication networking facility provided by the National Informatics Centre, from the authorized person?s computer. (2) The publication referred to in sub?rule (1) shall be suf?cient if the list mentioned therein are exhibited on the notice board or web-site of the custom house. 3. Particulars of publication. (1) The particulars referred to in rule 2 shall . contain the following particulars, namely Daily list of imports - Port or country'of origin of consignment. (ii) Description of goods. Quantity of goods. (iv) Value of goods. Names of the steamers. - . Daily list of exports Destination (ii) Description of goods. Quantity of goods. (iv) Value of goods. Names of the steamers. 401/49/2003?Cus. 11H Under sack,- m? i I- 64 Printed by the Manager, (1-th. of indie l?ress, Ring Road, Ma}, aptm, 5w Delhi llOU I and Published by the Controller of Puhlica-tlons, Delhi-1100 4. 0000000 000000 010 0.0 Publication of Daily Lists of Imports and Exports Rules, 2004 - w} ix [Notification No. 128/2004-Cus (N.T) dated 19-11-2004 amended by 18/2012 Cus (N.T.) at"? (7 C, C, dated 05-03-2012] In exercise of the powers conferred by section 156 of the Customs Act, 1962 (52 of 1962), and in supersession of notifications No. 82 dated the 26th November, 1951, No. 289?Cus. dated the 7th December, 1957, and No. 34?Cus. dated the 223?.?h February, 1959, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely 1. Short title and commencement. -, (1) These Rules may be called the Publication of Daily Lists of Imports and Exports Rules, 2004. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Publication of daily lists of imports and exports. - The Commissioner of Customs shall publish or cause to be published in such manneras he deems fit, a list of all goods imported into or exported from a functioning port, airport, inland container depot or land customs stations on the Electronic Data interchange (EDI) system. Explanation: For the purposes of these rules, "the Electronic Data Interchange (EDI) 7 system" means the customs computer system, through which an electronic declaration or manifest, of the particulars relating to imported or exported goods, is lodged by the authorized person through the data-entry facility provided at the service center or thedata communication networking facility provided by the National Informatics Centre,ifrom the authorized person's computer. (2) The publication referred to in sub?rule (1) shall be sufficient if the list mentioned therein are exhibited on thenotice board or web?site of the custom house. 3. Particulars of publication.- (1) The particulars referred to in sub?rule (1) of rule 2 shall be the following:- Daily list of imports? 1. Port or country of origin Description of goods Customs tariff heading Quantity Unit quantity Code 6. Value of goods (in rupees) Daily list of exports- 1. Port of destination Description of goods Customs tariff heading Quantity Unit quantity code . Value of goods (in rupees) she-9?19 be published In Gazette of lndia Part -Il-Section Extraordinary] j? 0 . a Government of India I Ministry of ?nance . 4 0 Department of Revenue Central Board of Excise and Customs - 0 Notification No.1812012 - Customs (N.T.) New Delhi, 5th March GSR (E) In exercise of the powers conferred by section 156 of the Customs Act, 71962 (52 of 1962), the Central Government hereby makes the following amendments to the Publication of Daily List of Imports and Exports Rules, namely:? - Short title and commencement. - (1 These Rules may be called the Publication of Daily 0 Lists of Imports and Exports (Amendment) Rules, 2012. 7 . (2) They shall come into force on the date of their publication in the Of?cial Gazette. 2. In the Publication of Daily List of Imports and Exports Rules (hereinafter referred to as the principal Rules), for rule 1, the following rule shall be substituted, namely:- Short title and commencement. - (1 These Rules may be called the Publication of Daily Lists of C) Imports and Experts Rules, 2004."; . 3. In the principal Rules as so amended, I - in rule 2, in sub-rule (1), for the words "port'functioning", the words "functioning port, 0 airport, inland container depot or land customs stations" shall be substituted; for rule 3, the following rule shall be substituted, namely:? Particulars of publication. - (1) The particulars referred to in sub-rule (1) of rule 2 shall be the following:- . . Daily list of imports- i 1. Port or country of origin 0 2. Description of goods . 3. Customs tariff heading . I - - 4. Quantity . 5. Unit quantity code i 6. Value of goods (in rupees) 7 I . C) 7 Daily list of exports- 1. Port of destination 2. Description of goods 3. Customs tariff heading 4. Quantity I 5. Unit quantity code . - 6. Value of goods (in rupees)" . (Vikasg) Under Secretary to theGovernment of IndiO 6 (i Government of India Ministry of Finance Department of Revenue Central Board of Excise and Customs North Block, New Delhi 28th October, 2016 To, The Director General Directorate General of Systems and Data Management 3th 4th Floor, Hotel Samrat Kautilya Marg, Chanakyapuri New Delhi 110021 Sir, Subject: Publication of Daily Lists of Imports and Exports Rulcs- regarding Reference: Email dated 26.09.2016 of Shri Bijoy Mohapatra with subject Complaints on publication of Daily Lists under noti?cation 110.18/2012- Customs (NT) dated 05.03.2012 . - In context of reference email, please refer to Board letters of even 110. dated 17.08.2016 and 14.09.2016 on the subject. - 2. With Board receiving a number of references in'respect of leakage of con?dential data, after due deliberations, a decision was taken to replace actual description of goods With the tariff description in the daily lists. This decision was conveyed vide Board letter of even no. dated 17th August, 2016. Over two months have lapsed since the communication and the issue of safeguarding confidential import related data has not been addreSSed to date. 3. The stream of complaints have continued unabated, therefore you are requested to ensure implementation of the decision of the Board. 3. Action taken report may please be sent to the Board upon implementation. Yours faithfully, A) (L. Satya Srinivas) Joint Secretary (Customs) 3 Tel. +91 -1 1-23092978 GOVERNMENT OF INDIA 3 ?ne wet: item meems?mq??s mm. . CENTRAL BOARD OF excuse AND CUSTOMS . L. Satya Srimvas . New Delhi,the Joint Secretary (Customs) 1/234/20 Fax :+91-11-23093475 November 1, 2016 Dear Kindly refer to your letter dated 30.8.2016 addressed to the Chairman, CBEC. forwarding complaint regarding leakage of classified trade related information. 2. CBEC is examining the utility of publication of daily lists of imports and exports and comments have been solicited from the Department of Commerce and Industry also. A copy of DO. letter dated 29.08.2016 by Chairman, CBEC to the Commerce Secretary is enclosed. i i The comments from the Ministry of Commerce 813 Industry are awaited. Meanwhile, process is underway to put in place a system to change the ?description of goods? with the ?tariff description? which would redress the concerns related to sensitive data. Your Views in thematter is solicited. Yours faithfully, . A 4 ?n H. (of (L. Satya Srinivas) Shri A.K. Bhalla' Director General Directorate General of Foreign Trade Ministry of Commerce and Industry Udyog Bhawan I New Delhi 10 01 1. MINISTRYOF FINANCE DEPARTMENT OF REVENUE pecc 00 cc 0 co GOVERNMENT OF quaie?m?e?ais Tine daily lists of imports and exports are being published since 1951 under No. 82/1951 issued under Section 9 of the Sea Customs Act, 1878. The uni-.oation of daily lists has continued vide notification No. as mended read with clause (9) of sub?section 156 of the Customs At, 1962 to provide ?evant trade information relating to exports/imports while maintaining oontidentiality. The rationale behind publishing daily list is to support trade analysis, oredict market trends, eliminate speculative practices, etc. 1-. (A Ix) However, Central Board of Excise and Customs has received a number of grievances suggesting leakage and misuse of commercially sensitive data which is a matter of concern. Given the scenario where such data has been found to be misused to the disadvantage of the trade, it appears necessary to examine the utility of publication of daily lists of imports and exports and the rationale for continuation of such publication. While comments are being sought from the filed formations and the trade, Commerce Ministry?s view on publishing daily list and its utility for Exim trade are solicited and would be appreciated. 7 3. On receiving the views and comments, at deCision will be taken whether pabiication of daily lists should be continued. in the event it is concluded as essential, it may please be informed whether Directorate General of Commercial and Statistics working under the Ministry of Commerce, which aeceives Daiiy Trade Reports (DTRs) from Customs and publishes foreign trade. "tazistics periodically, is willing to take over the responsibility of publishing the daily iists of imports and exports as part of its mandated job of publishing import/export date. ?it-?v KSM ?1 (f Ms. Rita Teaotia Commerce Secretary, Ministry of Commerce and Industry, Udyog Bhawan, New Delhi~110011 imcw\ 8 stat Eerie, ?esh-110001 NORTH DELHI-110001 Tel. +91-11-23092849 Fax +91-11-23092890 E-mail Yours (Najib Shag?/ MINISTRY OF OF REVENUE REMINDER I ,i Government of India . 5? F, ?49 Ministry of Finance f} Department of Revenue Central Board of Excise and Customs North Block, New Delhi 01st November, 2016 To, . . The Chief Cemmissioner of Customs I A Ahmedabad/ Chennai/ Delhi/ Mumbai I/Mumbai II/Mumbai Zone Sir/ Madam, Subject: Publication of Daily Lists cunonoti?cauon no 128/2004; Customs (NT) as amended Please refer to Board letter 05.09.2015 on the subject above. 2. The requisite information! inputs in the matter is still awaited. 3. You are onCe again requested to furnish your comments at the earliest to the Board. Yours. faithfully, [We . If (B. Konthoujam) Under Secretary (Customs loo-"o ?Satya Srinivas Joint Secretary North Block, New Delhi October 28th 2016 Sir, Kindly refer to your letter dated 30.8.2016 addressed to the Chairman, CBEC forwarding Complaint regarding leakage of classified trade related information. i 2. CBEC is examining the utility of publication of daily lists of imports and exports and comments have been solicited from the Department of Commerce and Industry also. A copy of DO. letter dated 29.08.2016 by Chairman, CBEC to the Commerce Secretary is enclosed. 3. The comments from the Ministry of COmmerce Industry are awaited. Meanwhile, process is underway to put in place a system to change the ?description of goods? with the ?tariff description? which would redress the concerns related to sensitive data. Your views in the matter is solicited. Yours faith?illy, (L. Satya Srinivas) Joint Secretary (Customs) Director General Directorate General of Foreign Trade Ministry of Commerce and Industry Udyog Bhawan New Delhi 110011 Draft e?mail reply To: Hemant Korwar Prashanth B.G, FANUC India Private Limited Subject: Publishing of details on public bortal Sir, Please refer to your email of the .. the subj ect addressed to the of?ce ?of the Chairman, JS(Customs). - The department has been publishing daily lists under noti?cation no. 128/2?004? as amended for providing relevant trade information related to exports/ imports. Regards, B. Konthoujam Under Secretary plo- c. . Government of India Ministry ot?Finance . Department of Revenue Central Board of Excise and Customs North Block, New Delhi 28th October, 2016- To, The Chief Commissioner of Customs Ahmedabad/ Chennai/ Delhi/ Mumbai I/Mumbai II/Murnbai Zone Sir/ Madam, Subject: Publication of Daily Lists CBEC noti?cation no 128/2004- Customs (NT) as amended Please refer to Board letter 05.09.2015 on the subject above. 2. The requisite information/ inputs in the matter is still awaited. 3. You are once again requested to furnish your comments at the earliest to the Board. Yours faithfully, (B. Konthoujam) Under Secretary (Customs I ?3 a o? Subject: FW: Supresslon of our import. data in Private website To: 20160818090008814.pdf (627KB) Dear Sir, Please update us on the subject matter. Regards, FAN UC India Private Limited. No. 41A, Electronic City, Hosur Road, Bengaturu 560 100" USO-28520463 From: Prashan??l Sent: Monday, August 29, 2016 4:21 PM To: Cc: Pramod Kumar Hariharan Pillai K.G. Subject: FW: Supression of our import data in Private website Dear Sir, Re forwarding the mail. Regards. - FANUC India Private limited. No. 41 A, Electronic City, Hosur Road, Bengaluru-560 100. 0650-2852-0463 t. From: Prashanth B.G. sent: Thursday} August 18, 2016 9:15 AM To: Cc: Hariharan Pillai Pramod Kumar Subject: Supression of our import data in Private website Kind Attn. Mr. Najib Shah Chairman New Delhi. Dear Sir, Please ?nd enclosed letter requesting you to issue permission to respective departmentto as of import data available in private website based on our code. Request you to do the needful atthe earliest. . 7 Regards, Date: 10/12/16 06:58 PM From: "Prashanth 0 Late? PM . tars 000 @0000 0000000 00000 OO 0 The message (including the attachment) in this e-mail is intended solely forthe addressee(s) and may be con?dential. if you-have id this message by mistake, please inform the sender immediately via return e-mail and delete the e-mail. Though all ?reaso [e precautions have been taken to ensure that the message and its attachments are free from Malware, Central Board of Excise and Custom does not accept any responsibility for any loss or damage the use of this e-mail may cause." Side/Adi?) From "Prashanth Sent Monday, August 29,2016 4:21 pm To Cc Framed Kumar "Hariharan Pillai - Subject FW: ?upressionl of our import data in Private we?i . .. i .- . wan-- Attachments a: seep 1! at? I J. Dear Sir, Re forwarding the mail. Regards, . PRASHANTH.B.G. FANUC India Private Limited, - . No. Electronic City, - Hosur Road, Bengaluru-SGO 100. 080 28520463 From: Prashanth B.G. 0 Sent: Thursday, August 18, 2016 9: 15 AM . To: I Cc: Hariharan Pramod Kumar Subject: Supression of our import data in Private website l Cc: Attach: EEPdef; Con?dentiality ofdatajpeg Subject: FW: Customs Export data - Negative Impact of Export Bussiness l" 2:13.21: raised to us by some other members aiso and have taken it up with DGFT. They have reaprmraended the to the Finance lvlinistry and we Witt also toHow it up as directed by them. . copy of the tetter received from is attached. .t Tiff? ?Laetitia Ehavan', its": Floor, it Wood Street tic.- 1 itata- 0 t} 1. :3 2328?) 0651,152/53 F2251: 4- i- 33 3.239 {1654 siesta; 9:83 03681 4' ?f'nait: sguptat?teepcindianet From: Rajat Srivastava Sent: Monday, February 15, 2016 8:11 PM To: SURANJAN gupta Subject: Fwd: Customs Export data Negative Impact of Export Bussiness Forwarded message From: Steel Tubes India Mumbai - India Date: Saturday 13 FebruaryZOI? - Subject: Customs Export data - Negative Impact of Export Bussiness To: Raj at Srivastava Ce: mainr?c?stmdiaeom, kishorec?stindiaeom Ref: To, Engineering Export Promotion Council. Mumbai. Date: 15.02.2016 Kind Attn: Shri. Rajat Srivast?ava Regional Director. Subject: Negative impact on Export Business Customs Export Data. 2/1 7/2016 o? c" I 1" 5?3 WEEK 0 Oi: AND BERECTORATE GENERAL Oi? FOR-HGN TRADE SECTON -O BAWAN, WEW - . Dated: 29.01.2016 Starker, Exeeui?ive Dii?eeior 8: Secretary, 0 EEPC indie, Vanijya Bhovan?? ?oor), 0 international Trade Facilitation Centre, 0 Wood Street, Kolkata- 700 016. 7 . 0 Subject: Confidentiality of Export and import Data. 0 The under-Signed is to refer to your Letter No. REPOHOESGEXIM dated 07.01.2016 on the subject cited i above. - . . The issue ?of con?dentiality of Export and import Data has been taken?up with Department of Revenue, Ministry ofFinance, who are being reminded in this regard. You may take it up directly with them also. 0 . This has the approval of DGFT. . Telefax: 23061215 EJ-maii: rajnesh.jain@nic.in Encl: letter from PMO Of?ce pages - Point No.5 of Inter-Ministerial Meeting? 2 pages I. 1" 4M- ?1 -1 PIVIO Reference No. 2 r? ,4 . . IMMEDIATE 9/597, S9, GOVERNMENT 01? IN IA (m MINISTRY OF COMMERCE AND INDUSTRY I k; DIRECTORATE GENERAL OF FOREIGN TRADE aw SECTION UDYOG BAWAN, NEW DELHI Dated: 28.03.2016 To, Shri L. Satya Srinivasa, Joint Secretary (Customs), Department of Revenue, North Block, Room No. 156 B, New Delhi. Subject: Petition of MS Steel Tubes India. Sir, . The undersigned is directed to enclose a copy of a letter from PMO Office vide ID No. dated 25.02.2016 enclosed therewith a letter/gist of oral representation from Steel Tubes lndia regarding leakage of data by Customs Authorities. An Inter-Ministerial Meeting was held on 14.08.2014 regardinglO issues of DGFT pending resolution with Department of Revenue. With regard to Point No. 5 (copy enclosed), decision taken in the meeting was to comprehensively review all the noti?cations governing publication of daily lists of exports/imports as also the mechanism and extent of data/?elds being provided by field formations in the daily lists in the interest of securing privacy of commercially sensitive data. Customs Wing of the Department of Revenue was with this responsibility. Status of review and aetion taken on the issue may kindly be informed. Statistical Adviser Telefax: 23 063 801 5? :l Copy to: Shri Rajesh Talwar, Joint Secretary (Drawback), Depaltment of Revenue, Ieevan Deep Building, Sansad Marg, New Delhi. 2. Steel Tubes indie, Mumbai. 3. Shri Brahmu Ram, Section Officer, PMO Of?ce, South Block, New Delhi. A Statistical Advisor? we 5/ (D.L. Meena) Gist at ['3stng - . . Decisions tare-n on 1.4.8.2014 ?.Commerce deptDGFT has recl'ested DG (SS/Siems} JCS. (DBK) informed that it lead it? enhanced - export Obligatian by data of Bills of importsiundefr? Ad'tfranjpe .A'uth?or?ities 'of DGFT and that the status reported by DC: Sjistems was that issues havez?been; Authorization and: Export Promotioh Capitai shared by Systems with. for clari?cation. Revenueseii?iietary directed that there should'b'e Goods? in electronic form. 3 continuing discussion between DG Systems and DGFT to takdith-is forward. - [Actiom - .1 .45 itzacy of Commercially Sensitive-Data -- . . - - DGFT?drew attention that notification 18/2012 Cue 'proVi'des for-?publishing of daily list; Department of Revenue Notification- No. of exports whichi inter~alia, contain port of destination, descrifition of goods, quantity and value. A. (NJ) and {farther revised print-out Was als?o proi/ided by_ . - . - - Notification No} 18l2012?Gus INT) I A . data of daily list ofsimports and: expgg?is. fheie From a print-out previded' the Chairperson (EC) di?serVed that description of goods in; 'are also Public Notices like the eXpori documents may need be quite detailed T3 SQ as Clarity :inf' iwith Public Notice .No; 17022005) of ,B'angjaldfe assessment and, as a; resLilt; the desCriptions?may. include 5 Customs through fwhich daily? {list of lmfjor?t'SI Which could lead to of sensitive data, ifstich?descpgotiohs were to be made available i 7 gexports could toe-?subscribed; "in this, dptegiis public. domain, - Esuchas name, value, produot-g?desc?iptioh site 'ggetting publiCized reducing Eznegotiati'pn ?pafce Chairperson (EC) directed that the Customs Wing would coni?retiensiVely reviewithe notifications??T fl ffor an exporter th?'feby impacting governing publishing?ot daiiy lists' of expods/i??p??rts?as also the mechaniSm'and extent of" position in the ihfternatiOnal market. "?it is data/fields being provided by field formatioh's in the Elaiiy the inter-est cf' securing privacy of suggested that: - commercially sensitive data. A . I Motion: Customs Wing]. All these Notifications may be Withdrawn . 7 land there. should-{be single agency?or data - I - A publication and dissemination Edi detain public. - ?m . domain and -. -. g] 1 I Precaution? to be taken to prevent leakage - of data'and com?r?ercial inteiligence'to private . . . - - . agencies and modalities for that-same may be 1 . . I i worked out. increasing the number of? i'hclujdihg Member (Customs I from any port While the import of. for import of-th?e metallicz-iscrap Hrs-shredded scrap has angle! risk to life invoh?d is restricted for import through 26 too there is head for greater infrastructiire for dgtecting risk. The did not press pom. a . - urnDecisions taken.inalht?r?minist?ri?l on 14.8.2014. Gistoflssuas?t v: -. - ?Commerce dept. lettegidti 20.512013) DGFT has requested DG (systemsito dB (DBK) informed that 7 His! lead'to enhanced monitorigg pfexport obligat?iplns by-Rg?gionat: 1 data of Bills of. Entry of- importsijundefr Adiifante Authoritiesi'of DGFT and th I ported by DG'??stems was that iissUes hayei'fbeeh? 5' Authorization an Export Promotion Capital shared by Systems for clanf?catlon.. Revenue-Se?etary directed that there shouldib?e Goods? in electronic form. continuing disctission betwe 5i :ivacy of Commercially Sensitiveipata DGFT'drew attention that noti?cation 18/2012 Cus (NED 'proi/ides for'bublishing of daily list; jig Department of Revenue' Notification No. I of exports which, inter?alia, contain port of destination, descri?tion of goods, quantity and va'lue.'A'. (NT) and revised print-out Was als?o pro'vided . . . - f'Noti?Cation No. tsizo'tz-Cus 7 . . - - jdata of daily. list off.imports {be?ts From a print?out provided the Chairperson (EC) ol?sen/ed that descrigtion'of goods in; 'are also Public Notices like the expert documents may need be quite detailed in cert?in cases so. as to?. allow clarity :inf? .. gwith Public Notice Nd; 17012095) of assessment an'd,ras a; resulti the descriptions -=mayi . A Customs through Which daily- :list lrri?Eibr?t?/ Which could lead to of sensitive data, itsiich'descj??btiohs Were to 'be made available" Sexports could befisUbscribe'dffin this, d:etef_ils public domain. . - as name value, site 5! . . A A Chairperson (EC) directs 3 Wing ?Quid Com?reuensively review-we ffor an exports? thereby impacting c?-mp?gtitiife goVern?ing'. publishing of daily I V'r?pgds'a? 51:3?) .Ehe. extent of}. position in the ihternationalmaqg??suggested that: if?" - - . . WM ggetting publicized :redUCing f?e?dtiatibn "i . w; (1) All these Notifications may; be Withdrawn and there. sho'LJldee. single. agency: for data publicatibn and disSemination data-?in- pubn-Q . . . domain and :11 - Precaution? to be taken to prevent leakage of data and commercial Intelligence to private . - . - . - . - . - agencies and modalities for theisame may be - - . worked out. - increasing the be? of: Ports ii?ICll?JZdi'aig 12? 'e metalliciisma? for import of.- No. 2 (5) i' ii; is; GOVERNMENT OF ivliNiS'i?Rir' on COMMERCE AND ENDUSTRY i or FOREIGN TRADE . TRADE secnon unvoo BAWAN, new DELHI Dated: 23.05.20} 6 l'l'l 0 Shri L. Satya Srinivasa, Joint Secretary (Customs), Department of Revenue, North Block, Room No. 156 B, New Delhi. Subject: Petition of M/s Steel Tubes India. Sir, .The undersigned is directed to refer to this of?ce letter of even no. dated 28.03.2016 regarding PMO reference on the subject mentioned above. In this connection replyis still awaited. An inter-Ministerial Meeting was held under the Chairmanship of Revenue Secretary on 14.08.2014. Out of .10 issues of DGFT pending resolution with Department of Revenue issue at Sl. No. 5 Le. ?Privacy of Commercially Sensitive Data? was discussedthe meeting it was decided that the Customs Wing would comprehensively review l_ ?i the notifications governing publication of daily lists of exports/ imports as also the mechanism and extent of data/fields being provided by field formations in the daily lists in the interest of securing privacy of commercially sensitive data. . It is therefOre, again requested that to avoid further queries/complaints from PMO of?ce/Steel Tubes lndia, action taken onlthe above issue may becommunicated to?this of?ce 0 on priority. ,0 Yours faithfully . 6.139} of; ele ax: 23063801 0 Copy to: - 1. Shri Rajesh Taiwan Joint Secretary (Drawback), Department of Revenue, J'eevan Deep Building, Sansad Marg, New Delhi. . . - A 2. M/SSteel TIUbes' Office No.3 3, 3rd Floor, Sadanand Wadi, V.P.Road, Girgaum, Mumbai-400 004. - 3. Shri Bralnnu Rain, Section Of?cer, PMO Of?ce, South. Block. New Delhi. I KW i?a 4 To REMINDER Government of India Ministry of Finance Department of Revenue (CBEC) North Block, New Delhi Date 05.09.2016 The Chief Commissioner of Customs, Chennai Zone, The Chief Commissioner of Customs, Delhi Zone, The Chief Commissioner of Customs, Mumbai The Chief Commissioner of Customs, Mumbai, INCH-II, The Chief Commissioner Mumbai, Mumbai Zone-I, The Director General (Systems), New Delhi, The Chief CommissiOner of Customs, Ahmedabad Subject: Daily publication'of Lists CBEC Noti?cation No. 128/2004-Cus - Sir/Madam, (NT) as amended. bI' . ?3 3; Please refer to this of?ce e?mail letter dated 22.06.2016 mailed by Director (Customs) on the above subject (copy enclosed). 2. 3. The requisite information/inputs in the matter is still aWaited. You are requested again to furnish the same at the earliest to the Board. Yours faithfully, . c, (B. Kon houjarn) Under Encl: As above. - - 7 Hr. - i i {p.491 .. a I 6/231? 6 Subject: Daily publication of Lists (CBEC Notification No. 128/2004?Cus (NT) as Date: 061'22/16 04:50 AM amended From: ZubairRiaz To: . *1 (3 cconchm1@gmaii.com, - 'Arti Srinivas' ccoahm@rediffmaii.com - 0 CC: iscus@nic.in, b.konthoujam@nic.in . a 0 Dear Sir! Madam - a 0 As you are aware, CBEC has a mechanism of providing list of daily import/ export statistics to the trade as per the subject noti?catic'r HoWover,fron1 time to time Serious complaints of data received in CBEC which is a matter of concern. I You are therefore requested to examine the ef?cac I discontinuing the practice. Inputs in the matter may be pror/ided at the earliest pilferage/leakage to the detriment of genuine importers] exporters have beer ?agged: Rim 4 Emirates ?in?ows? do. 0 "nape/rm la '7 4 Lay?, - LJ it}: ?gig! g) #437 Government of India Ministry of Finance Department of Revenue (CBEC) . North Block, New Delhi Date 05.09.2016 To a) Chief Commissioner of Customs, Chennai 13?? (gustoms House, 60, Rajaji Salaihennai?I 600 001. Mac: Subject: Daily publication of Lists (CBEC Noti Ication No. 128/2004-Cus (NT) as amended. Sir/Madam Please refer to this of?ce e?mail letter dated 22.03.2016 mailed by Director (Customs) on the above subject (copy enclosed). 2. The requisite information/inputs in the matter is still awaited. 3. You are requested again to furnish the same at the earliest to the Board. Yours faithfully, (B. Konthouj am) Under Encl: As above. awn GOVERNMENT OF or OF Figv, NUE Chairman F. No. 401/234/201 i Dear AA The daily lists of imports and exports are being published since 1951 under notification No 87/1951 issued under Section 9 of the Sea Customs Act, 1878. The publication of daily lists has continued vide notification No. as amended read with clause of sub?section 156 of the Customs At, 1962 to provide relevant trade information relating to . exports/imports while maintaining confidentiality. The rationale behind publishing daily list is to support trade analysis, predict market trends, eliminate practices, etc. 2. However, Central Board of Excise and Customs has received a number of grievances suggesting leakage and misuse of commercially sensitive data which is a matter of concern. Given the scenario where such data has been found to be misused to the disadvantage 0f the trade, it appears necessary to? examine the utility of publication of daily lists of imports and exports and the rationale for continuation of such publication. While comments are being sought from the filed formations and the trade, Commerce Ministry?s View on publishing daily listand its utility for Exim trade are solicited and would be appreciated. On receiving the views and comments, a decision will be taken whether publication of daily lists should be continued. in the event it is concluded as essential, it may please be informed whether Directorate General of Commercial. lntelligence and Statistics under the Ministry of Commerce, which receives Daily Trade Reports (DTRs) from Customs and publishes foreign trade statistics periodically, is willing to take over the responsibility of publishing the daily lists of imports and exports as part of its mandated job. of publishing. import/export date. . With (Najib Shah Ms. Rita Teaotia Commerce Secretary, Ministry of Commerce and Industry, Udyog Bhawan, New Delhi?11001 1 MAM ?0 BOARD as engages . mi NORTH .- ?7 Tel. +91 mini-23092890 E-?mail oh'mn~obec@ QOOQOQO GOO L) Li) L.) NAJIB SHAH CHAIRMAN D.O.F. N0. 401/234/2010- Cus North Block, New Delhi 18th August, 2016 The daily lists of imports and exports are being published since 1951 under noti?cation No. 82/1951 issued under Section 9 of the Sea Customs Act, 1878.. The publication of daily lists has continued v-z?de noti?cation No. ?128/2004? as amended read with clause of sub-section 156 of the Customs Act, 1962 to provide relevant trade information relating to exports/ imports while maintaining con?dentiality. We'f?e rationale behind publishing daily list is to support trade analysis, predict market trends, eliminate speculative practices, etc'3?03 9*va 2. CBEC has received a number of grievances regarding leakage and misuse of commercially sensitive data which is a matter of concern. Given the scenario where such data has been found to be misused to the disadvantage of the trade, it appears neCessary to examine the utility of publication of daily lists of imports and exports andthe rationale for continuation of such publication. While comments are being sought from the ?eld formations and-the trade, Commerce Ministry?s view on publishing daily list and its utility for Exim trade would be a reciated. 3. On receiving the views and comments, a decision will be taken whether publicationof daily lists should be continued. In the event it is concluded as essential, it may please be informed whether Directorate General of Commercial Intelligence and Statistics (DGCIS) working under the Ministry of Commerce, which receives Daily Trade Reports (DTRs) from Customs and publishes foreign trade statistics periodically, is willing to take over the responsibility of publishing the daily lists of imports and exports as part of its mandated job of publishing import/export data, With Yours faithfully; (Najib Shah) Chairman Ms. Rita A Teaotia, IAS Commerce Secretary, - Ministry of Commerce and Industry Udyog Bhawan New Delhi 10 011 sh - NAJIB SHAH CHAIRMAN - D.0.F. No. 401/234/2010? Cus 7 North Block, New Delhi 0 18?? August, 2016 . Respected The daily lists of imports and exports are being published since 1951 under . noti?cation No. 82/1951 issued under Section ,9 of the Sea Customs Act, 187-8. The Mimi?? publication of daily lists has continued Vida noti?cation No. 128/2004? as amended M'eri read with clause of sub?section 156 of the Customs Act, 1962 to provide relevant trade actuth 0 information relating to cxports/ imports while maintaining confidentialitygSuehzclata helps. trade analyses, predict market trends, eliminate speculative practices, etc. 2. CBEC has receivedA grie ances regarding leakage and misuse of commercially a) sensitive data which is a matter of concern. Given the scenario where such data has been 4) found to be misused to the disadvantage of the trade, it appears necessary to examine the .. \r 0 utility of publication of daily lists of imports and exports and the rationale for continuation of a a i such publication. While comments are being sought from the ?eld formations and the trade, Commerce inistry?s View on them would be ap reciated. M) - A Wu,wa an; \wlrawk Zia vka vle v0 3.. On receiving the views and commgn?ts, a decision will betaken whether publication of daily lists should be continued. cencluded ?ia'ssential, it may please be informed whether Directorate General of Commercial Intelligence and Statistics 0 (DGCIS) working under the Ministry of Commerce, which receive; Daily Trade Reports (DTRs) from Customs and publishes foreign trade statistics periodically, mars-mar? - ., is willing to take over Why/the responsibility ofhpublishing the daily lists of imports and export? if? ?ye?hm 35?? It Ami-J With (M WV i {yaw Ailm? I Yours faithfully, 0 (Najib Shah) Ms. Rita A Teaotia, IAS Commerce Secretary, . Ministry of Commerce and Industry Udyog Bhawan New Delhi 110 011 0000 000 (W. (N k) L) L) C) It) NAJIB SHAH CHAIRMAN A D.0.F. No. 401/234/2010- Cus North Block, New Delhi 161? August, 2016 The publication of daily lists of imports and exports is a legacy issue carrying on from 1951 under the noti?cation N6. 82/1951 issued under Section 9 of the Sea Customs Act, 1878. This has continued thereafter vide noti?cation No. 128/2004- as amended read with clause of sub-section 156 of the Customs Act, 1962, 2. CBEC has received regarding leakage and misuse of commercially sensitive data which is a matter of concern. The daily import and export data is made available by Customs to Directorate General of Commercial Intelligence and Statistics (DGCIS) which publishes foreign trade statistics periodically. As the task of publishing statistical data relating to exports and imports is primarily the concern of Directorate General of Commercial Intelligence and Statistics (DGCIS) working under the Ministry of Commerce, it is requested to intimate Whether DGCIS- will be in a position to publish the daily lists of imports and exports which is already being done periodically. With Yours faithfully, (N ajib Shah) Chairman Ms. Rita AI Teaotia, IAS Commerce Secretary, Ministry of Commerce and Industry Udyo Bhawan - New Delhi 110 011 I LaserJet Pro MF M226dn Fax Confirmation 17?Aug~2016 17:40 Job Date Type - Identification . Duration Send. 026112077 0-50 F. No. 401/2340010- Cus HI Government of India Ministry of Finance Department of Revenue Central Board of Excise Customs North Block, New Delhi Dated 17'3' August, 2on5 To, Director General Directorate General of Systems 8: Data Management a; Floor, Samrat Hotel, Chanakyapuri New-Delhi Ho 02] Sir, Subject: Publication of daily lists of Imports and Exports Rules- regarding Board has received complaints of data pill'emgel leakage which have been disadvantageous for trade. To protect the privacy of commercially sensitive data, Board has decided that the ?actual description? provided in the bills of entry may be replaced by the 'tariff description' in the ?eld ?Description of goods? givan in noti?cation 128/2004- Customs (N.T.) dated November, 2004. Heneel?onh, it is requested that tari?'descri 2. prior: of the goods may be provided in the ?eld "Description orgood? in the Daily lists. 'Yours Faithfuliy, At (L. Satya Srirtivas) Joint Secretary (Customs) .0 #3 Carts? 0- OO 00 c) L) L) k) L) F. No. 401/234/2010- Cus Government of India Ministry of Finance Department of Revenue Central Board of Excise Customs North Block, New Delhi Dated 17th August, 2016 To, Director General Directorate General of Systems Data Management 4?h 5th Floor, Samrat Hotel, Chanakyapuri New Delhi 110 02] Sir, Subject: Publication of daily lists of Imports and Exports Rules regarding Board has received complaints of data pilferage/ leakage which have been disadvantageous for trade. To protect the privacy of commercially sensitive data, Board has decided that the ?actual description? provided in the bills of entry may be replaced by the ?tariff description? in the ?eld ?Description of goods? given in noti?cation 128/2004? Customs (N.T.) dated 19th November, 2004. 2. l-lenceforth, it is requested that tariff description of the goods may be provided in the ?eld ?DescriptiOn of good? in the Daily lists. Yours faithfully, A: i (L. Satya Srinivas) Joint Secretary (Customs'Mk? I F. No. 401/234/2010? Cus Government of India Ministry of Finance Department of Revenue Central Board of Excise Customs North Block, New Delhi Dated 16th August, 2016 To, Director General Directorate General of Systems Data Management 4th 5th Floor, Samrat Hotel, Chanakyapuri New Delhi 110 021 Sir, Subject: Publication of daily lists of Imports and Exports Rules regarding Board has received complaints of data pilferage/ leakage which have been diSadvantageous for trade. To protect the privacy of commercially sensitive data, Board has decided that the ?actual description?- provided in the bills of I entry may be replaced by the- -?tariff description? in the ?eld ?Description of goods? given in notification Customs (N.T.) dated m2ny 2. Henceforth, it is requested that tariff description of the goods may be provided in the ?eld ?Description of good? in the Daily lists. Yours faithfully, (L. Satya Srinivas) Joint Secretary (Customs) 9:30 GOOD-GOOD a loo-0000000000000 L) L) F. No. 401/23412010- Cus Ill Government of India Ministry of Finance Department of Reyenue Central Board of Excise Customs North Block, New Delhi Dated the 1st August, 2016 7 To, Director General Directorate General of Systems Data Management 4thl 5th Floor, Samrat Hotel, Chanakyapuri New Delhi 110 021 Sir, Subject: Publication of daily lists of Imports and Exports Rules regarding Board has received complaints of data pilferage/ leakage which have been disadvantageous for trade. To protect the privacy of commerciallysensitive data, Board has decided that the ?actual description? provided in the bills of entry may be replaced by the ?tariff description? in the ?eld ?Description of goods? given in noti?cation 18/201'2- Customs dated 5th March, 2012. 2. Henceforth, it is requested that tariff description of the goods may be provided in the ?eld ?Description of good? in the Daily lists. Yours faithfully, (L. satya Srinivas) Joint Secretary (Customs) we?. . ?ta-?ah F. No. 401/234/2010- Cus Government of India Ministry of Finance Department of Revenue Central Board of Excise Customs North Block, New Delhi Dated the 1St August, 2016 . To, Secretary, . Ministry of Commerce and Industry Udyog Bhawan New Delhi 110 011 Madam, Subject: Publication of daily lists of Imports and Exports Rules regarding It is. to inform that publication of daily lists of imports and exports is a legacy issue carrying on from 1951 under the noti?cation N0. 82/1951 issued under Section 9 of the Sea Customs Act, 1878. This has continued thereafter vide noti?cation No. 128/2004? as amended read with clause of sub-section 156 of the Customs Act, 1962. 2. The task of publishing statistical data relating to exports-and imports is primarily the concern of Directorate General of Commercial Intelligence and Statistics (DGCIS) WOrking under the Ministry of Commerce. - 3. In this connection, it is to state that CBEC has received complaints regarding leakage and misuse of commercially sensitive data whiCh is a matter of concern. Hence, comments are requested on continuing the utility of publishing daily lists when DGCIS is publishing foreign trade statistics periodically. Yours faithfully, (L. Satya Srinivas) Joint Secretary (Customs) 00 a 00.000 0 0000000 ,0000 00. 0'0 r' \i 3 (373THE oacamgawows W0 FROM THE Acct exam oUg PEERS has more than 40 years of experience providing organizations With critical business intetiigence on internationai trade activity. Every year, converts raw data from over million of Eading tiled with US Customs into soiutions that deiiver market~speci?c insights, completion inleiligence and customer?centric analysis. tracks 100% of U53 seaborne imports and exports made available by US Customs. in addition to complete US trade data, you can a cess detaiied import and export transactions for 14 international markets and trade statistics for more than 80 countries. 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HoweVer, from time to time serious complaints ofdata pilferage/leaka received in CBEC which is a matter ofconcern. You are therefore requested to examine'the ef?cacy of publish discontinuing the practice. Inputs in the mattermay be provided atthe earliest ge to the detriment ofgenuine importers/ eitporters have been ing these lists and the advantages disadvantages of continuing or gagged: Rm: Emitter (329509533) i 'ublijation of Daily List of Imports and Exports (Amendment) Rules, 2012 Amendment "in exercise of the powers conferred by section 156 of the Customs Act, 1962 (52 of 1962), the Central Government hereby makes the following namely :5 1. (2) They shall come into force on the date of their publication in the Of?cial Gazette. amendments to the Publication of Daily List of Imports and Exports Rules, Short title and commencement. - (1) These Rules may be called the Publication of Daily Lists of imports and ExportsiAmendment) Rules, 2012. 2. in the Publication of Daily List of imports and Exports Rules (hereinafter referred to as the principal Rules), for rule 1, the following rule shall be substituted, namely I . Short title and commencement. These Rules may be cal-led the Publication of Daily Lists of Imports and Exports Rules, 2004.?; - - 3. in the principal Rules as so amended, - ?1 . in rule 2, in sub-rule (1), for the words ?port funCtionin container depot or land customs stations? shall be substituted; the words ?functioning port, airport. inland for rule 3, the following rule shall be substituted, namely:- folloWing - Daily list of imports - 1. Port or country of origin 2. Description of goods 3. Customs tariff heading 4. Quantity 5. Unit quantity code 6. Value of goods (in rupees) Daily list of exports - 1. Port of destination 2. Description of goods 3. Customs IHiil?l heading 4. Quantity 5. Unit quantity code 6. Value of goods (in rupees).? [Notification No. 18/2012?Cus. (N. T. dated 5-3-2012] super?ne/Tner hawk-2.25m mm A i mm 17 Particulars of publication. - (1) The particulars referred to in sub-rule (1) of rule 2 shall be the 7 ?1/1 n4 om; I r. L) "If \u Kg! l/Px L) ubucation of Daily Lists of Imports and Exports Rules 7 a? 5.3 Page 1 of 1 ,1 ?mw?w?z c; - iigr in exercise of the powers conferred by section 156 of the Customs Act, 1962 (52 of 1962), and in supersession of notifications No. 82 dated the 26th November, 1 951, No. 289-Cus. dated the 7th December, 1957, and No. 34-Cus. dated the 28th February, 1%9, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely 1. Short title and commencement. - (1) These rules may be called the Publication of Daily Lists of imports and Exports Rules. - (2) They shall come into force on the date of their publication in the Of?cial Gazette. 2. Publication of daily lists of imports and exports. - (1) The Commissioner of Customs shall publish or cause to be published in such manner as he deems a list of all goods imported into or exported from a port functioning on the Electronic Data interchange (EDI) system. Explanation For the purposes of these rules, ?the Electronic Data interchange (EDI) system" means the customs computer system, through which an electronic declaration or manifest,'of the particulars reiating to imported or exported goods. is lodged by the authorized person through the data-entry facility provided at the service center or the data communication provided by the National informatics Centre, from the authorized person?s computer. (2) The publication referred to in sub-rule (1 shall be suf?cient if the list mentioned therein are exhibited on the notice board or website of the custom house. 3. Particulars of publication. - (1) The particulars referred to in rule-2 shall contain the following particulars. namely . Daily list of imports - Port or country of origin of consignment. (ii) Description of goods. Quantity of goods. (iv) Value of goods. Names of the steamers. Daily list of exports - Destination. . (ii) Description of goods. Quantity of goods. (iv) Value of goods. Names of the steamers. [Notification NO. 128/2004-Cus. (N. T. dated 19-11-2004 my?? . i . -I.. . . mum?. Km 5 3! 7: I Luv? lZ??l tel-who HPNTO Reference 011:9? . i i 1 MOST IMMEDIATE NoGOVERNMENT OF INDIA I - A MINISTRY OF COMMERCE AND INDUSTRY 0 DIRECTORATE GENERAL OF FOREIGN TRADE 1 - TRADE SECTION 0 UDYOG BAWAN, NEW DELHI . . - A - Dated:.28.03.2016 To, I Shri L. Satya Srinivasa?, Joint Secretaiy (Customs), - Department of Revenue, . UM 4f . North Block, Room No. 156 B, - tr New Delhi. 9U 0 Subject: Petition of MS Steel Tubes IndiaMp? The undersigned is directed to enclose a copy of a letter from PMO Office vide ID 0 No. dated 25.02.2016?enclosed therewith a letter/gist of oral representation from Steel Tubes lndia regarding leakage of data by Customs Authorities. 0L C) An Inter-Ministerial Meeting was held on 14.08.2014 regarding 10 issues of DGFT pending resolution with Department of Revenue. With regard to Point No. 5 (copy i decision taken in the meeting was to comprehensively review all the noti?cations gm - publication of daily lists 01' exports/imports as also the mechanism and extent of data/fields .- being provided by ?eld formations in the daily lists in the interest of securing privacy of commercially sensitive data. Customs Wing of the Department of Revenue was entrusted - with this responsibility. - 0 Status of review and action taken on the issue may kindly be informed. Encl: letter from PMO Of?ce - 6 pages Point No. 5 of Inter?Ministerial Meeting 2 pages Statistical Adviser Telefax: 23063 801 0 Copy to: . 1. Shri Rajesh Talwar, Joint Secretary (Drawback), Department of Revenue, Jeevan Deep Building, Sansad Marg, New Delhi. - 2. SteelTubes India, Mumbai. - 3. Shri Brahmu Ram, Section Of?cer, Of?ce, South Block, New Delhi. (3 m. 7 D.L. Meena) I. Statistical Adviser A 1 Ha I?i?ve .6 Moll 0 (3 . . germ matePrsme Minister'e Of?ce 110011 New Delhi- 110011 Sub:Petition of TUBES INDIA 0 STEEL TUBES NO.303 3RD FLOOR SADANAND WADI (ff) ROAD, GIRGAUM - MUMBAI CITY (if) MAHARASHTRA-400004 A letter/gist of oral rapresenta?tion dated 17/02/2016 received in this office from TUBES INDIA is forwarded herewith for action as appropriate. Reply may be sent to the Petitioner and a copy of the same may be uploaded on the portal. I KO OF COMMERCE [Brahmu Ram] Section Officer I PMO ID Dated: 25/02/1016 f . an. if; ta:- '35 a? 7 "egg-Jun i 1 a; $3993; i tears-4 Jere . .x . .m 'h . Lr?r?ii??- '7 - in; arr?:32; 1 - lSOiribOi-M OHSAs1see1?o'7 FED-97223556 Certi?ed Company MANUFACT NON-FERROUS ALLOYSIN SHAPE OF PIPE, TUBES, PIPE FLANGES 8: FASTNER ETC URER 8; EXPORTER OE NICKEEALLOYS, STAINLESS STEEL, ALLOY STEEL, CARBON STEEL, OTHER FERROUS Ashtavinayak Bldg, Off. No. 303, 3rd Floor, Sadanand Wadi, V. P. Road, Girgaum,Mumbai - 400 004- India- TEL.: +91 22 6143 2000 (30 lines) I 2389 590812332 2821 FAX: +91 22 2389 $906 E-maii stindia@stindia.co.in Website Ref: To, OFFICE or PRIME MINISTER. SOUTH BLOCK, RAISINA NEW . .s?z KIND ATTN: SHRL NA-RENDRA MODI PRIME MINISTER or INDIA. . -: Subject: Negative impact on Export Business Customs Export Data. We are Two Star Export House status holder accorded by the Addl. Director General of Foreign Trade, MUmbai. .We are one of the leading exporter in our segment market, having ISO certified company. Please note that Engineering Export Promotion Council had awarded us best star performer Exporter, the status we achieved as we are Customer oriented organization, keeping first priority to each and every International buyer. You arevery well aware about the preSent market trend, which are against the exporter, and it becomes very difficult to survive in cut through competition. We are very well equipped withthe competition which we face at international market. However it becomes very difficult to face an un-ethicai practices and procedures that are presently prevailing in the lndian Market. Please note that lndian Customs Authority has made it-very convenient for any person to get . exports data (for current year 2016 and month JANUARY) at very cheap or reasonable price. - .These export data contain: very vital and in-depth information about exports such. as name ofthe llbuy?er, its complete address, details of the export product, quantity, rate of export product, Country of exports, incentives claimable at what percentage and so on. 4 wQEMm-{i? . 15014001434 OHSA818001-07 Jl JAIN . FED-9712350 1? 5.x. 3 CeriifiedCompany (TANUFACTURER 8c OF NICKEL ALLOYS, STAINLESS STEEL, ALLOY STEEL, CARBON STEEL, OTHER FERROUS L.) ALLOYS l'iuf SHAPE OF TUBES, FLANGES 8: FASTNER ETC Ashtavinayai?r Bldg., Off. No.303, 3rd Floor, Sadanand Wadi,V. P. Road, Girgaum,Mumbai 400 004. indie. +91 22 6143 2000(30 lines) I 23.89 5908 I 2382 2821 FAX +91 22 2389 5806 E?mail stmdia@stindia.com stindia@siindia.co.in Website uses these vital information in development of their it has been observed that new Local vendor, new business, in an un-ethical manner. These new local vendors does not equipped With the export level of quality; quantity, and so on. This sort of action leads to rejections and bad impression about the lndian exporter at international level. We suffer a huge loss, our export business to deep upto 50% of what we exported previous year. Some of our overseas buyer repeatedly conveyed the message about such incidences, against such un~ethical exporter. Please note we unfortunately no further action can be take ii, for which concrete had contacted to our Council i.e. Engineering Export Promotion Counc result yet awaited (copy of reply by Council enclosed for your reference purpose). We would be very happy to face a healthy cempetition in lndian as well overseas Market. release of exports data with overseas buyer name with its However, strongly obiect towa address; export product description with its quantity and price. You are requested to take up corrective measures in order to ban onpublishing export data with a great details. Should you need any further details in'this regards, the undersigned will be happy to provide. For STE-EL TUBES (lerA) C.E.O. Encl: 1) copy of email communication-received from Engineering-export CoUncil dated: 16.02.2016. 2) Copyof Letterfrom Statistical Advisor dated: 29.01.2016. romotion .. .. *?iSoecmoa am- 2 :3 v.4 I, 191-3 a ?7:1 lg 180140014351 NTERPRISES) . .- J. PEoemaec a 1 i Certi?ed Company mnemorueen EXPORTER OF ALLOYS sum CARBON . non-Peneous SHAPE OF PIPE, wees, PIPE FERROUS Ashtavinayak Bldg, Off. No. 303, 3rd Fioor, Sadanand Wadi, V. P. Road, Girgaumj?umbax? 400 004. lnclia- +9.1 2? (30 lines) [2389 590812382 2321 FAX 11-91 22 2389 5906 E~ma1l stindia@stindia.co.in Website Date: 15.02.2016 To, A Engineering Export Promotign Council. Mumbai. Kind Attn: Shri. Rajat Srivastava RegionalDitector. Subject: Negative impact 0n EXport BuSin?ess Cu-stoms Export Data. We are exporter havingTwo Star Export House status accorded by the Addl. Director General of Foreign Trade, 'Mumbai. We are one of the leading exporter in our segment market,- your count-ii has awarded us as one of the best Star Performer award for past Consecutive 8'years. We'are the BC) certifiedcompany. We. are Customer-oriented organization, keeping first priority to each and every international buyer, this-makes us the star performer exporter. We are very pleased to put on yourofficial record that- our council has very positive approach towards each of the count}! members, and takes active resolving any sort of problems. You are very well aware about the present'm'arkettren?d, which are against the exporter, and It?s becomes very diffict'iltto survive in out through competition. We are Very weil equipped with the competition which we face at international market. However it becomes very difficult to face an tin-ethical practices that are presently prevailing in the Indian Market. Please note that lndian Customs Authority has Made it Very convenient for any person to. get exports data (for current year 2016 and month JANHARY) .at very cheap or rea'so?nabie price. i I 0000 OO 0 l0 . .- g- )l . gage - Isoraowa 13014031434 PED-QYQGIEC FERROUS ALLOYS lN SHAPE OF TUBES, FJTTING, FLANGES FASTNER ETC Ashtavinayak' Bldg, Off. No. 303, 3rd Fioor, Sadanand Wadi?. p_ Road, Ggrgaum Mumbai 400 004 ihdia TEL: +91 22 5143 2000 (3G [2389 5908 I 2332 2-321 FAX E-mall stmdia@stindia.com.l stindia?siindiacojn Website These export data container-er}! vital and in-clepth'information about exports such as name ofthe buyer, its complete address, details of the export product, quantity, rate of export product, Country of exports, incentives claim'abzle at what percentage and so on. It has been observed that new Local vendor, uses these vital information in development of their new business, in an un: ethical These new local vendors does not equipped with the export level of quality, quantity, and so on. This sort of action lea?ds'to. rejections and bad impression about the Indian exporter at International level. We suffer a huge loss, our export business-to deep upto 50% of what we exported previous year. Some of our overseas buyer repeatedly conveyed the message about 'such incidences, unfortunately no further action can be taken against such .un-zethical exporter. We would be very happy to face a healthy competition in Indian as well overseas Market. However, strongly obi'ect towards release? of exports data with overseas buyer name with its address, export product description with its quantity and price. You are requested to take up the matter very?seriously'with the concerned.authorities in order to ban on publishing export data with a ?great details: Should you need any further details in this regards, we will be happy to prOvide you the same. cc: Office 2)?Commer?ce Ministry OHSAsmomm . I Certi?ed Company LOYS. STEEL, ALLOY or: Fem-:35] i .a t, ,5 i Ea? .?sf ?xH N: ?557" :iteel Tu?oes India Mumbai India 5 r. From: "Suranjan Gupta" Date: 'i'uesday= Februaiy ,i 6, 2016 1:27 AM . To: I Cc: Attach: EEPdef; Con?dentiality ot?datajpeg . Subject: FW: Customs Export data - Negative Impactof Export Bussiness data: This issue has been raised to us by some other members atso and have taken it up with DEFT. They have recommended the same to the Hnance Ministry and we wilt aiso toilow it up as direrted by them. i?t'he copy of the letter received trom? is attached. Thank you 'Stuattjan Supt-a . Executive Director ru-?I- . '1 ma - WITH 5'1! Mn- wi?w?i if.? Hm: tutl?u-itrjr ?Vaniiya Bhavan?, Floor, ITFC, 1/1, Wood Street Kolkata?7QO 016 IN Dir-'1 Te! 91 33 2289 0651/52/53 Fax: ?31 33 2289 0654 Mob; 91 9831036814 3.4. URL: wuweepcindiaorg From: Rajat Srivastava Sent: Monday, February 15, 2016 8:11 PM To: SURANJAN gupta . Subject: Fwd: Customs Export data Negative Impact of Export Bussiness - Forwarded message From: Steel Tubes India Mumbai India Date: Saturday 13 February 2016 Subject: Customs Export data Negative Impact of Export Bussiness To: Raj at Srivastava Cc: min??stindiacom, kishore?stindiacom Ref: f. Date: 15.02.2016 o, - Engineering Export Promotion Council. Mumbai. Kind Attn: Shri. Raj at Srivastava Regional Director. . I Subjeot: Negative impact on Export Business Customs Export Data. I ?r 2/17/2015. pp 00 . . 3 - {:xrg'xmmaq we? 51:: 3.2% i i 1* ma? :maDated: 29.01.2016 . .. Shria?. Samar, Exe??zuiive Bireaor cg: Secretary, EEPC lndia, . Vanijya 811211331103! ?oor), . I - International Trade Facilitation Centre, 1/1, W?ood Street, - . . Kolkatm 700 0:16. Subject: Con?dentiaiify of Export and 111] port Data. . Th? undersigned is directed to . . - - above. refer ?to your Letter No. dated 07.01.2016 on the stibject cited The issue of con?dentiality of Export and Import Data has been x, Taken-up with Departmem of Revexme, Ministryof Finance, who are being I reminded this regard. You may take it up directly With them also. L) This has the a? royal estham) 0 mud?W" iatisticai Advisor Telefax: 23061215 a I, E?maii: rajnesh.jain@nic.in - - a? {Ii-:52 232a. KW) hi; i . Emmi i i I 1 . . Goveinment of indie i? i?v?iiriisiiy Of Finance of Revenue a lilirawback Division eew*e*+ . -v .- - i Flour, Jar-van Deep uhiildingi, Snead iv?laig, :3 {.532 e5? 6} New Delhi; Dated the 3rd September, 2014. OFFICE MEMORANDUM Subject: - Commerce Secretary?s letter dated 20.06.2014regarding 10 issues of DGFT pending resolution with Department ofRevenuev-regKind attention is drawn to inter ministerial meeting held on 14.08.2014 under the Chairmanship of Revenue Secretary on the above subject. - 2. The decision taken in the meeting have been compiled in a Broadsheet which is enclosed herewith for taking necessary action. i/ -. (Dinesh Kumar Gupta) Director (Drawback) Tele: 23360581 .Tih?e Commerce Secretary, rm Udyog Bha-wan, New Delhi 110 011 I 2. DGFT, . - Udyog Bhawan, New Delhi (for taking'action on Point No. 1,4,7(Copy to: i 3- DG (EP) - - 4. (fortaking action on Point No. 1and 4). i ?53 5. JS (Customs) (for taking action on Point No. land 5) if: :37; 6. Deputy Director General (NIC) (for taking action on Point (Dinesh Kumar Gupta) Copy for information to: L35 (4 PPS to Revenue Secretary ins: oh?? .7 .4- 8. airperson PPS to Member (Computeriaation) i234 i (2 W4 10, PPS to Member (Customs) - - . I i of] page: (31146)} . We, CW). 1 0 030?- .. I Im- m. a. Saar-.5. Gist?of issues Commerce de t. letter (if. 20.6.2014 an exporter thereby impacting competitive in the international market. It is suggested that: All these Noti?cations may be withdrawn and there shouldlbe single agency for data publicatidn and dissemination of data in public, domain and (2) Precaution to be taken to prevent leakage of data and commercial intelligence to private agencies and modalities for the same may be worked out. . increasing the number of Ports including, for import of the metallic scrap fa uld lead to enhanced monitoring of export obligations by. Region; shared by Systems with. DGFT for clari?cation. Revenue continuing discussion between DG Systems and DGFT to ta [Actiom DG .1 DGFT drew attention that noti?cation 18/2b12 - Cue of exports which, inter-alia, contain port of destination, des print-out was also-provided by DGFT. I . From a print-out prbvided by DGFT, the Chairperson the export documents may need be quite detailed Chairperson (EC governing puin data/?eids being provided commetci'all [Actiom Lin-shredded scra y' sensitive data. Customs Wingl? . -. directed. ina shing of dail by the Customs Wingwould lists. of exports/imports field formations in the dell s) noted that added sc?rap can be i as security angle/ risk to life co E's/also the L.) that there should b: t, as to allow clarity ir manufacturers?name be made available mprehensivaly review the noti?cations mported fro involved is restricted for import thrc:_:g for detecting risk. The DOC did not in any port whit? mechanism and extent of y' lists in the interest of securing privacy of . .. the impor: r3622 772,0; Reminder? PMO Reference MOST IMMEDIATE 0 Don? /Hcl GOVERNMENT OF INDIA MINISTRY OF COMMERCE AND INDUSTRY DIRECTORATE GENERAL OF FOREIGN TRADE 0 TRADE SECTION 3 UDYOG BAWAN, NEW DELHI . . Dated: 23.05.2016 . . . . 0 Sim L. I Joint Secretary (Customs), Department of Revenue, North Bi-ock', Room No. 156 B, For? New Delhi. 3? Subject: Petitioner" Steel Tubes IndraSir, 93?? The undersigned is directed to refer to. this office letter of even no. dated 28.03.2016 regarding PMO reference on the subject mentioned above. In this connection ,3 .- reply is still awaited. (w An Inter~Ministerial Meeting was held under the Chairmanship of Revenue Secretary on 14.08.2014. Out of 10 issues of DGFT pending resolution with Department of?_Revenue 0 issue at Sl.? No. 5 Le. ?Privacy of Commercially Sensitive Data' was discussed. In the meeting it was decided that the'Customs Wing would comprehensively review the notifications governing publication of daily lists of exports/imports as also the mechanism and extent of data/?elds being provided by ?eld formations in the daily lists in the interest of securing privacy of commercially sensitive data. It is therefore,. again requested that to avoid further queries/complaints from PMO KR office/Steel Tubes lndia, action taken on the above issue may be communicated to this of?ce 0 on priority. I . Yours faithfully . rem? terse jgi ti A il ele ax: 23663801 0 Copy to: 1. Shri Raj?esh Talwar, Joint Secretary (Drawback), Department of Revenue, .leevan Deep Building, Sansad Marg, New Delhi. 2. Steel Tubes india, Ashtavinayak Bldg, Office No. 303, 3rd Floor, Sadanand Wadi, V.P.Road, Girgaum, Mumbai-4000O4. 3. Shri Brahmu Ram, Section Officer, PMO Of?ce, South Block, New Delhi. L) v) LJ Government of India Ministry of Finance, Department of Revenue Drawback Division *ir'k?k?ki?i: 4th Floor, Jeevan Deep Building, Sansad Marg, New Delhi, Datedithe 31st May, 2016 OFFICE MEMORANDUM Subject: - Petition of [We Steel Tubes India. Kind reference is invited to this office OM of even no. dated 31.03.2016 vide- which DGFT letter No. dated 28.03.2016 and PMO reference on the above subject was forwarded to Customs Wing for necessary action. DGFT vide their letter dated 23.05.2016. has again requested action taken report so as to avoid queries/complaint from PMO [Steel Tubes lndia. Copies of all relevant letters are enclosed. It may be recalled that an inter?ministerial meeting was held under the Chairmanship of Revenue Secretary On 14.08.2014. In the meeting it was directed by the- Chairperson (EC) that the Customs Wing would comprehensively review the notifications governing publication of daily lists of exports/imports as also the mechanism and extent of data/fields being provided by field formations in the daily lists in the interest of securing privacy of commercially sensitive data. The decisions taken in the meeting were compiled in a Broadsheet and were circulated vide OM of even no. dated 03.09.2014 (copy enclosed). The issue of privacy of commercially sensitive data was listed at Sr. No. 5 of the Broadsheet. 3. it is requested to intimate the action taken in this regard. Enc-l: As above u? . (Dinesh Kumar Gupta) Director Tel: 23360581 To JS (Customs) CBEC, Department of Revenue North Block New Delhi. Copy to: The Director General of Foreign Trade, Udyog Bhawan, New Delhi w.r.t. their letter No. 2(5) dated 23.05.2016 with information that the requisite action on the issue has to be taken by Customs Wing of CBEC to whom the decision take in the meeting were informed vide OM dated 03.09.2014 and no action is required to be taken by this Division. (Dinesh Kumar Gupta) Director 5.5353. I v" . . a Government of lndia Ministry ofFinance I - Department of Revenue Drawback Division kin?r?inkir?k 4th Floor, Je?evan Deep Building, Sansad Marg, New Delhi, Dated the 3rd Septem?ber,. 2014. OFFICE MEMORANDUM Subject: - Commerce Secretary?s DO letter dated 20.06.2014 regarding 10 issues of pending resolution with Department of Revenue -reg. Kind attention is drawn to inter ministerial meeting held on 14.08.2014 under the Chairmanship of Revenue Seeretary on the above subject. 2. . The decision taken in the meeting have been compiled in a Broadshee which is- enclosed herewith for taking necessary action. - (Dinesh Kumar Gupta) Director (Drawback) Tele: 23360581 pl rTo. 1. The Commerce Secretary, Udyog Bhawan, New Delhi 110 011 2. DGFT, . . . Udyog Bhawan, New Delhi (for taking action on Point No. i,4,7(i) and 1 Copy to: . 3. DG (EP) . . 4. DG (Systems) (for taking action on Point No. 1and 4). 5. JS (Customs) (for taking action on Point No. tend 5) 6. Deputy Director General (NIC) (for taking act-ion on Point No (Dinesh Kumar Gupta) Copy for information to: 7. .PPS to Revenue Secretary {$qu 8. PPS to Chairperson - Dye,qu 9. PPS to Member (Computerization) 10. PPS to Member(Customs) 00000900 00000000 0 r? 0000 000000 00 DGFT has dispensed with physical August, 2012. CBEC is insisting for submission copy of BRC for reconciliation of drawback paid which increases costs for exporters and Unp?r'oductive work for banks, some of whom may also charge the exporter. CBEC may issue circular that is copy of "bank Realization Certificate With effect from i g, . and"! EL Gist 0f issues . Decisions taken in Inter-Ministerial Meeting. held on 14.8.2014 No. (Commerce dept; letter cit. 20.6.2014) 1 Conversion of Manual Ports to EDI ports in It emerged from discussions that a major constraint to .converslon of further ports to EDI was . 6 months absence of resldLiaI capacity in IT infrastructure. DG (Systems) informed that a financial I proposal for capacity augmentation involving Rs.300 Cr over a two year period moved in Feb 2014 Export?import data is received by from had not been accepted by It was observed during that the adequate capaCIty of IT Customs. About 35% of value of exports is infrastructure was a prerequisite for trade faCiIitation and reduction in transaction costs Revenue captured in non-electronic mode from 90 non Secretary directed immediate re?submission of the proposal bringing out the facts EDI/manual ports. This created delay in [Action: DG Systems] release of data and also compromises tne - . . -. quality of data. From amongst 27 minor ports (out of 90 manual locations) already shortlisted for EDI i . implementation, there were 6 ports, earlier agreed by CBEC but later found not feaSibIe Another 5 It is suggested that till such time all ports are ports were also stated to lack feaSIbiIity Chairperson (EC) observed that the reasons for non? converted into ports, as an immediate feasibility were not clear in all?the cases and directed that the 6+5=11 cases would be reviewed by interim measures,_ a provision may be Customs Wing in consultation with DG'Systems. introduced where applicant can pre?fill Wing, DG Systems] application online, take a print, sign and submit to Customs Authority for processing. Customs It was also decided that the remaining 63 non-EDI locations (90 non?EDI manual ports less 27) Authority will access the site through login would be reviewed by Customs Wing jointly with DC Systems, NIC and the DGFT, and=an action mechanism and change the status of the plan would be submitted Within 45 days. application to "processed" when the application [Actiom Customs Wing, DG Systems, DGFT with is presented at the port. I Revenue Secretary observed that a way forward needed to be found to handle. digitization at 'manual locations till full was established. The DG Systems and DGFT agreed to hold joint sittings in this regard. Revenue Secretary directed that solutions for? the way fonrvard may be finalized by 31.8. 2014. DC F?Tdnd DGEvsl?em may reFle?lks PW 17:9 matte?. [Actiom DG Systems, 2 integration of with CBEC On the issue of integration of DGFT's System with CBEC and the acceptability of as proof of realization of export proceeds under the Drawback legislation, the JS (DBK) informed that the-DGFT?s request dated?27.8.2012 that CBEC use its wasexamined. It was .found that was designed and implemented for purposes of DGFT, not for the requirements of CBEC. The did not contain .?e?lds useful for CBEC to fulfiil its statutory requirements under the statute?I'CBEC. letter dated 13.12.2012 had conveyed that it would use data from Server being - set up by RBI. This arrangement could be put to use for intelligenc the RBI, not DGFT, is the statutory authority for foreign exchange management andreport from Systems indicate?g'that the arrangement with RBI gis on track, the data sharing initiated and integration modules created in terms of requirements. Therefore, the issue had been settled . fa, ?we {Hz/1 of FF) . (Lin 0 f) 0; if?) 0 t) at) 7" \"Dec?isionstaIEn Winter-Ministerial Meeting?hxeld/bn 14.8.2014 itch?? (Commercedept. letter dt. 20.6.2014) - . i .ceptable as proof of realization and in 2012 itself and need not be reopened. ADG System's (ICES) supplemented that RBI would system may be integrated with CBEC. provide data feed for realiza:ion against EDI drawback exports made from 1.4.2013 (is. last FY) which Systems would integrate with use by tieldfonnations. On the point related to incenvenience to- exporters when field formations seek physical BRC from exporters, JS (DBK) explained that there was no routine requirement to specifICally BRC as the present reconciliation system relied extensively on submission of 6-montth negative statements by exporters for past EDI exports under drawback scheme. Need for physical BRC against EDI drawback shipping bills arcse basically in the minimal cases picked up for random checks (as audit checks or export not on FOB basis). This need is now temporary since RBI data is expected to get electronically reconciled with'EDI drawback shipping bills through integration by DG Systems. For the past exports, this requirement cannot be waived; - However, JS (DBK) pointed out that field formations may also seek physical BRC when conducting prescribed random detailed veri?cations under Advance Authorization and EPCG duty exemption ., EP schemes, which could be reviewed. Member (Customs) noted that such requirement by A . Customs could be minimized since DGFT links fulfillment of export obligation to' prior realization of- . . export proceeds. It was agreed that Drawbaok Division would issue suitable directions to field . formations not to routinely require the exporter to produce physical BRO from the banks in case of . EDI exports related to these EP schemes; g; - . [Actiom Drawback Division} 3 integration of with 7 . Thepoint was not pressed by DGFT has proposed to RBI to extend its facility - of through message exchange. This will - - facilitate export . realization monitoring . requirement of RBI. DGFT is Willing to consider making changes in software of so as to 'meet requirement of RBI, in case it requires some-modification. RBI may be requested to use system instead of creating a parallel system in RBI. 4 DGFT is considering to go paperless with Revenue Secretary directed that the points Draw/back Division has. collated from other Wings and q. operations and do? away with printing of ?eld formations with respect to a paperless environment may be communicated to DGFT. following:? Advance/EPCG Authorizations [Actionz Drawback Division] - I EODC Reward scrips - . Hit Gist of Issues (Commerce dept. letter dt. 20.6.2014) Decisions taken in Inter-Ministerial Meeting held on 14.8.2013?r DGFT has requested DG (Systems) to provide data of Bills of Entry of imports under Advance Authorization and. Export Promotion Capital Goods in electronic form. JS (DBK) informed that it would lead to enhanced monitoring of export obligations by Regional Authorities of DGFT and that the status reported by DG Systems was that issues have been shared by Systems with DGFT for clarification. Revenue Secretary directed that there should be continuing discussion between DG Systems and DGFT to take this fonvard. [Actiom DG Systems, - Customs through which daily list oflmports/ ?of data and commercial intelligence to private Privacy of Commercially Sensitive Data Department of Revenue Notification No. 128/2004-Customs (NT) and further revised Notification No- 18/2012?Cus (N.T) publishes data of daily list of imports and exports. There are also Public Notices like No. 112/2004 (read with Public Notice No. 170/2005) of Bangalore exports could be subscribed. ln this, details such as name, value, product description are getting publicized reducing negotiation space for an exporter thereby impacting competitive position in the international market. it is suggested that: (1) All these Notifications may be withdrawn and there should be single agency fer data publication and dissemination of data in public domain and (2) Precaution to be taken to prevent leakage agencies and modalities for the same may be worked out. DGFT drew attention'that CBEC notification 18/2012 - Cus (NT) provides for publishing of daily list of exports which, *inter?alia, contain port of destination, description of goods, quantity and value. A print-out was also provided by DGFT. From a print-out provided'by Chairperson (EC) observed that descriptidn of goods in the export documents may need be quite detailed in certain cases so as to allow clarity in assessment and,?as a result. the descriptions may include model/ brand/ manufacturers-name which could lead to disclosure of sensitive data, public domain. Chairperson (EC) directed that the Customs Wing would comprehensively review the notifications governing publishing of daily lists of exports/imports as also the mechanism and extent of data/fields being provided by field formations in the daily lists in the interest of securing privacy of commercially sensitive data. [Actiom Customs Wing] if suoh descriptions were to be made available in- lncreasing the number of Ports including for import of the metallic scrap Member (CustomS) noted that shredded. scrap can be imported from any port'while? the import of Uri?shredded scrap which has security angle/ risk to life involved is restricted for import through 26 ports, where too there is need for greater infrastructure for detecting risk. The DOC did not press the point. bl (W i ?2 Page 3 of5 V) (jg-m (7 (T (7 0 Gist of issues . Decismns taken In Meeting held on 14.8.2014. No. (Commerce dept. letter dt. 20.6.2014) 7 A (aims and Jewellery DGFT issued Notification No. 25 dated DG (EP) informed that it was gathered that it takes about 5 months to obtain certification from 03.07.2013 amending Para 4A.2.2 of FTP for authorized laboratories. If the threshold for CPD isreduced from 0.25 carat to 0.1 carat, the time export of Cut polished diamonds of 0.10 taken was likely to increase Which would not serve export promotion. Further, the CPD with carats- carat or above (from 0.25 carat) and thereafter from 0.10. to 0.14 are likely to be sold domestically rather than exported, leading to absence of re?impOrted duty free after certification by emphasis on exports. The need to build domestic capacity and jobs for grading and certi?cation authorized laboratories. Customs may issue was also emphasized in the light of there being hardly any import for certification and re-export corresponding notification on amendment of which is also a permitted activity. The DGFT agreed to review the matter and revert to DG (EP). para 4A.2.2 of FTP incorporating change from [Action: 0.25 carat to 0.10 carat. . As per Para 4A.19 of FTP (re?import of (ii) [36- (EP) informed that there was no difficulty reported onthe' implementation of CBEC Circulars rejected jewellery) Gems Jewellery No?; 712006-003 dated 13.1.2006 and ?12/ 2008- Cus dated 24.7.2008. The point was taken as exporters shall be allowed to re?import rejected closed for the time being. i -, precious metal jewellery as per para 4A.32 of - HBP v.1 Corresponding customs notification to give effect to this para is pending. As per para 4-A.20 of FTP (export and DG (EP) explained that the matter had been'examined and replied vide RevenueISecretary?s imports on consignment basis) Gems letter 1.4.2013 and that instructions already stand issued vide letter no. jewellery exporters shall be allowed to export dated 2.7.2007. The point was taken as closed for-the time being. - and import diamond, gemstones jewellery on . - consignment basis as per HBP V1 and Customs rules and regulations. Corresponding customs notification to give effect to this para is pending. 8 Grant of Incentive on e-Commerce exports 7 did not press the point Except initiating EP benefits for eXports made - . . through FPO, Delhi, the other recommendations of the Committee on e- Commerce (report of November, 2012) have not yet been implemented. Page 4 of 5 it 2. \n I Gist of Issues Decisions taken in Inter-Ministerial Meeting held on 14.8.2034}; (Commerce dept. letter dt. 20.6.2014.""?enation of actual User condition after 3 JS (DBK) informed that the originally agreed provision for current FTP b'??tiiveen the two years under Served From lndia Scheme Departments was that goods procured against incentive shall be non~transferable in order that this provision is relaxed, the detailed requirements were conveyed,- with Finance Minister's approval, by Revenue Secretary in August" 2013 itself. These, inter alia, involved that Scrips under Chapter~3 of FTP are given as consumables would remain _'not-transferable, computers and other goods would not be reward and under the SF18, they may be transferred till 3 years and years, respectively, and amounts towards civil utilized for import of ?any Capital Goods penaIdes/regularization, calculated as conveyed, 'wouid be paid to Customs if the prescribed including spares, office equipment and lock-in periods were infringed; and also that these aspects would be incorporated in the FTP professional equipment, office furniture and before being notified by Revenue. consumables? that are otherwise freely . - importable and/ or restricted under (HS). On the issue of period of lockuin, the DGFT stated that a 3 years lock?in may be taken as - suf?cient period to implement intent of the PoliCy of actual use in business by importer/procurer DGFT issued Notification No. 30 dated and that even after transfer, goods would still be productively used in the same sector. JS (DBK) 01.08.2013 amending Para 3.12.7 of Foreign mentioned that consumables, including food and alcohoiic beverages, are meant to be consumed Trade Policy' 2009?14 regarding At in day to day operations so allowing their alienation was not necessary and that in the case of present the provision is ?Goods motor cars the alienation may? result in private use so the depreciation .of care over 6 years lock?in imported/procured against SFSS scrips can be may be ensured. Commerce Secretary observed that consumables (including food and alcoholic alienated on completion of 3_ years from the beverages) may remain non?transferable. The discussions noted that there were no date of import/ procurement". However, representations that lock-in period should be longer than 3 years.- Revenue Secretary observed Customs has not issued relevant noti?cation that having a single period would be simpler. After furtherdeliberations on period of lock-in, it and instead, have asked for this period to be was agreed that the permitted goods {other than consumables {including food and alcoholic increased to six years. beverages)} may be considered for a uniform lock?in period of 3 years. . - . [Actiom DGFT, for incorporating the requirements conveyed by Revenue Secretary (amended to A the above extent) in the . 10 Utilization of scrips against JS (DBK) informed that comments had been received from Secretary Civil Aviation and the adjustment of excise duty levied on matter was under examination. [Actionz Drawback Division] Aviation Turbine Fuel (ATF) by Airlines I Further, the DGFT requested agreement of that validity of scrips already issued to the Due to procedural issues at Central Excise, Airlines may be extended on the ground that clear guidelines for usage were pending. JS (DBK) many airlines (including Al, Jet, and other mentioned that notification always prescribed clear procedure and extension of validity would airlines holding scrips) are not able to use lead to disputes and litigation and requests from other sectors which face slow rates of scrip for payment of excise duty on ATF. It was of rewards. Revenue Secretary observed that meeting the basic requestfor'ATF involves legal suggested that Oil PSUs can be allowed to. amendments, not guidelines, so extension of validity was not favoured. present SFIS scrips at the end of the month for - debiting for settlement of accounts. Many SFIS scrips have expired and-stewarejgoing to expire shortly. CBEC may issue clear guidelines. Page 5 of 5 1303330 9L) 0f (3- I Reminder? PMO Reference - MOST EMEDIAEE it?) No. 2(5) [[10 GOVERNMENT or mom WNISTRY OF COMIVIERCE AND INDUSTRY DRECTORATE GENERAL OF FOREIGN TRADE TRADE SECTION UDYOG BAWAN, NEW DELHI - - I Dated: 23.05.2016 To, . . Shri L. Satya Srinivasa, Joint Secretary- (Customs), 2' Department of Revenue, North Block, Room No. 156 B, "3 New Delhi. SubjecttPetition of Steel Tubes India. Sir, The undersigned is directed to refer to this office letter of even no. dated 2 28.03.2016 regarding PMO reference on the subject mentioned above. In this connection reply'is still awaited: An inter-Ministerial Meeting was held under the Chairmanship of Revenue Secretary on 14.08.2014. Out of 10 issues of DGFT pending resolution with Department of Revenue issue at No. 5 Le. ?Privacy of Commercially Sensitive Data? was discussed; in the meeting it was decided that the Customs Wing would comprehensively review the notifications governing publication .of daily lists of exports/imports as also the mechanism and extent of data/fields being provided by ?eld formations in the daily lists in the interest of securing privacy ofcomme'rciaily sensitive data. It is therefore, again requested that to avoid further queries/complaints from PMOV Office/Steel Tubes indie, action taken on the above issue may be communicated to this of?ce on priority. I Yours faithfully . ?3 sea Tana ele lax: 230-63801 Copy to: . Q/Shri Raj esh TalWar, Joint Secretary (Drawback), Department of Revenue, eevan Deep Building, Sansad Marg, New Delhi. 2. Steel Tubes india, Ashtavinayak Bldg, Office No. 303, 3rd Floor, Sadanand Wadi, V.P.Road, Girg?aum, Mumbai~400 004. 3. Shri Brahma Ram, Section. Of?cer, PMO Of?ce, South. Block, New Delhi. . (a . ii Char . (outta a i . . [gg (49/ Government of India Ministry of Finance Department of Revenue Drawback Division 41h Floor. Jeevan Deep Building, Sansad Marg, New Delhi, Dated the 315t March, 2016 OFFICE MEMORANDUM Subject: - Petition ?of Nils Steel Tubes lndia. Please find enclosed herewith DGFT letter No. 2(5) 2012-13fl?8 . dated 28.03.2016 on the above subject, enclosing a copy of letter from Prime Minister?s Office vide ID no. dated 25.02.2016 for necessary action under intimation to this office. I Encl: As above Dinesh Kumar. Gupta) Director Tel: 23360581 To . JS (Customs) . CBEC, Deptt. of Revenu North Block New Delhi. - -u vvu4., .w?nr-l?m? PMO Reference MOST MMEDIATE No. 2. (5) 2012-13/Ts - 0 GOVERNMENT OF INDIA MINISTRY OF COMMERCE AND INDUSTRY 0 .1 . GENERAL or FOREIGN TRADE 7' TRADE SECTION . . UDYOG BAWAN, NEW DELHI Dated: 28.03.2016 To, 3111i L. Satya Srinivasa, Joint Secretary (Customs), Dep amnent of Revenue, North Block, Retire No. 156 B, New Delhi. 0 . Subject: Petition of MS Steel Tubes India. 0 Sir, The undersigned is directed to enclose a copy of a letter from PMO Office vide i0 - No. dated 25.02.2016 enclosed therewith a letter/gist of oral if representation from Steel. Tubes India regarding leakage of data by Customs Authorities. - An Inter-Ministerial Meeting was held on 14.08.2014 regarding 10 issues of DEFT k? I I pending resolution with Department of Revenue. With regard to Point No. 5 (copy enclosed), decision taken in the meeting was to comprehensively review all the noti?cations governing publication of daily lists of exports/ imports as also the mechanism and extent of data/fields - 0 being provided by field formations in the daily lists in the interest of securing privacy of commercially sensitive data. Customs Wing of the Department of Revenue was entrusted - with this responsibility. '0 Status of review and action taken on the issneimay kindly be informed. .s. i. - Enclz letter from PMO Office - 6 pages . Point No.5 of inter-Ministerial Meeting 2 pages Statistical'AdVisor . - Telefax: 23063 801 0 Copy to: . L/l. Shri Rajesh Talwar, Joint Secretary (Drawback), Department of Revenue, eevan Deep 0 Building, Sansad Marg, New Delhi. 2. Steel Tubes india, Mumbai. 3. Shri Braher Ram, Section Officer, PMO Of?ce, South Block, New Delhi. I (D.L.Meena) Statistieal Adviser Fj (#335. it: (i L113 0? Nieli?iiFrame agiinister @t?faee I a? m- 110011 New Delhi- 110011 (T- rSub:T'Je'ci'izicin of TUBES INDIA STEEL TUBES (INDIA) . No.303 SADANAND WADI - ROAD, GIRGAUM (5 MUMBAI CITY MAHARASHTRA-400004- . A letter/gist of oral representation dated 17/02/2016 received in this office from TUBES INDIA is forwarded herewith for action as appropriate. Reply may be sent to Petitioner and. a copy of the same may be uploaded on the portal. (Q US OF COMMERCE [Brahmu Ram] Section Officer A . i (JPMO Dated lSDl?th-uri . PEMMEAEC Certi?ed Company performer status we achieved as we are Customer oriented organization, new exports data (for current year 2016 and month JANUARY) buyer, its complete address, details of the export produc Ashtavinayak Bldg, Off. No. 303, 3rd Floor, Sadanand Wadi, V. P. Road, Girgaum,-Mumbai - 400 004-10133- a'r . TEL.: +91 22 6143 2000 (30 lines) [2389 5908 I 2332 2821 22 2389 5906 I ii E-maii stindia@stindia.com stindia@stindia.oo.in Website wenvsiindiaeom Ref: To, . - ornce'or PRIME MINISTER.r?I-otg? ?r KIND NARENDRA MOD: PRIME or Subject: Negative impact on Export Business Customs Export Data. We are Two Star Export House status holder accorded by the Add]. Director General of Foreign Trade, Mumbai. .We are one of the leading exporter in our segment market, having 150 certified company. Please note that Engineering Export Promotion Council'had awarded Us best star keeping first priority to each and every international buyer. You are very well aware about the present market trend, which are against the exporter, and It becomes very difficult to survive in cut through competition. We are very well equipped with the competition which we face at International market. However it becomes very difficult to face an Lin-ethical practicesand procedures that are presently prevailing in the Indian Market. Please note that lndian Customs Authority has made it very convenient for any person to get at very cheap or reasonable price- _.These export data contain very vital and in-depth information about exports such. as name of the t, quantity, rate of export product, Country of exports, incentives claimable at what percentage and ~77 I. repeating 15014001434 .. OHSAsmom-or a: ?1 55.13.". - CertifiedCompany .. (EEZPORTER OF NICKEL ALLOYS, STAINLESS STEELI ALLOY STEEL, CARBON STEEL, OTHER FERROUS ALLOYS l'i?u: SHAPE OF PIPE, TUBES, PIPE FITTING, FLANGES FASTNER ETC Ashtavj?nayak Bldg.l Off. No.?303, 3rd. Floo?Sadanend Wadi,V. P. Road, Girgaum,Mumbai 400 004. india. (1 - TEL: +91 22 6143 200B (30 lines) [2389 5908 I 2382 2821 FAX +91 22 2389 5906 I E-mail stindia@stindia.oom etindia@stindia.co.in Website wWw.stindia.com i . a (Ti it has been observed that new Local vendor, uses these'vital information in development of their vendors does not equipped with the o) . Eff, . - . new business, in an un?ethical manner. These new local export level of quality,? quantity, and so on. This'sort of action leads to rejections and bad impression about the Indian eXporter at International level. We suffer a huge loss, our export business to deep upto 50% of Whatwe exported previous year. Some of our overseas buyer repeatedly conveyed the message about such incidences, unfortunately no further action can be taken against such'un-ethical exporter. Please note we had contacted to our Council i.e. Engineering Export Promotion Council, for which concrete result yet awaited (copy of reply?by Council enclosed for your reference purpose). a We would be 'very to face a healthy competition in lndian. as well overseas Market- However, strongly obiett towards release of exports data with overseas buyer name with its address. export product description with its quantity and price. is) You are request ed to take up corrective measures in order to ban on publishing export data with . a great details. Should you need any further details in this regards, the undersigned will be happy - to provide. :1 For STEEL TUBES L) c.E.o. . - I I End: 1) copy of email communication received from Engineeringexport Promotion Council dated: 16.02.2016. 2) Copyof Letterfrom Statistical Advisor dated: 29.01.2016. (4. . f? 3 i JAIN . . I isomowa I isoucm-M FED-971231156 "3 Ceni?ed Company ramruracfunee EXPORTER or 4 NICKELALLOYS STAINLESS STEEL ALLOY STEEL- CAPBON STE EL. OTHER one a NDN-FERROUS ALLOYS-W SHAPE or PIPE, TUBES. PIPE FITTING, FLANGES FASTNE-R ETC FERR 'i . - . Ashtawnayak Bldg, Off. No. 303, 3rd Fioor, Sedanand Wadi, V. P. Road, Girgaum,_Mumbai -, 400 004. .Endia. - reg": +s_1 22 5143 2000 {30 lines) I 2389 590812332 2321 FAX +91 22 2389 5905 - E-maii :stmdia@stindia.com stindia@siindia.co.in Website Data-15.02.2016 To} . i. a . Engineering Export Promotig?n- Council- Mum'bai. Kind Attn-z Shri. Rajat Srivastava RegionalDirector. Subject: Negative impact on Export Business Customs Export Data, We are exporter having Two Star Export House status accorded by the Addl. Director General of Foreign Trade, Mumbai. We are one ofthe ieadinglexporter in our segment market, your counoii has aWarcied us as one of the best Sta-r Performer ?awa-rd'for past consecutive avatars. We are the ED c-erti'fiedcompany. We. are Customer-oriented organization, keeping first priority to each and Every internationai buyer, this-makes us the star perform or exporter. - We are very pleased to put on your official record'that- our-coun?cil has very positive approach towards?each _of the countil members, and takes? iattive pa-rticipationii?n resolvingany sort of problems. 11"- You are verv well aware about the present'markettrend, which are against the exporter, and. It?s becomes very so rvive in out th?rourgh-eom-pe?titio-n. We are Very well equipped with the competition which We face at international market. However it becomes very difficult to face an un?ethical practices anciproceclures that are preSentlv prevailing in the indian Market. Please notethat indian Customs Authority- has made it very convenient for any person to. get exports data {for current veer 2016 and month JANUARY) at very cheap or reasonable price. 070 a rsoeom-oa I 1501400141: ?OHSAsm'esm I Peosmaec nr- A r? if gag-?g it"; b? MANUFACTURER EXPORTE "m - . OF NICKELALLOYS, s- . .- ALLOYS lN SHAPE OF PIPE TUBE ALLOY i i 1 a - . TEtf +91 2125143 20943 (30 lines} r3339 5908123822821Fax: . These export data contain?glery vita! and ism?depthinformation about exports such .as name of the buyer, its com?piete address, details of the export product, quantity, rate of export product, Country of exports, incentives claim?ab?le at what percentage and so on; it has beenobserved that new Local vendor, uses these vital infornfia'tion in development of their new business,- in, an on: ethical These new local vendors does not equipped With the export level of quality, a) quantity, and so on. This sort of action, leads to rejections and bad impression about the ln'dsian eXporter at international level. - C. If Wesuffer a huge loss, our export businessto deep upto 50% of what we exported pte-Vious year. Some of our overseas buyer repeatedly conveyed the message about ?such incidences, (L I unfortunately no further action can be taken against such ion-ethical exporter.? I (7 We would be very happy to face a healthy competition in i'n'dian aswell overseas Market. However, strong lg obi?ec?t towardsr'relea-se of exports data "with overseas buyer name with its ad dress, export product description with its quantity and price. . 7 You are requested tot-eke Up the matter .veryseriously-wit-h the concerned.authorities in order to ban on publishing export data with agreat details: Should you need any further details in this regards, we will be happy to provide you the same. Vt CC: 1) PMO Office 2) Commerce Ministry ?steel Tubes India Mumbai India a From: "Suranjan Gupta? Date: 'I?quday, Februaty 16, 2016 1:27 AM To: Cc: Attach: I EEPdef; Con?dentiality of datajpeg Su bgect: 3* FW: Customs Export data - Negative Impact of Expmt Bussiness {hear Slit?, issue as been raised to us by some other members recot?nmeoded the same to the Fipance Ministry and we The copy of the letter received from DGFT is attached. Thank you aiso and have taken it up with DEFT. They have wit! aiso follow it up as directed by them. an. Qupta re Director raoramtatae was amulet ?5.19: rl?rj' Tammie;- ?Van Ethavan?, Floor, 1/1, Wood Street Holkata?ZFQO 016 INDif??a 'i?ei a: as 2239 0651/52/53 Fax: 33 2259 0554 -- rage: 91 9331035314 Emai?E: ?guota@eepcindia.net URL: ?lemmeepcindiaprg From: Rajat Srivastava Sent: Monday, February?ls, 2016 8:11 PM gupta . Subject: Fwd: Customs Export data - Negative Impact of Export Business Forwarded message - From; Steel Tubes India Mumbai - India Co: kishorefd?stmdiaeom dia?stmdiaeon? Ref: ?f Date: 15.022016 To, .- - :4 Engine-caring Export Promotion council. - Mumbai. Kind Attn: Shri. Raj at Srivastava RegionalyD?irector. Subject: Negative impact 011 Export Business Customs Export Data. V00 @0000 2/17/2016: Oh (FT. FGREE SECTOH Bxi?v?j?i, Seems; Exeg?utive Erector Secretary, Endia, ?Va?niljya Bh?av?an?'? ?Oor), latex-national Trade Facilitation Centre, 1/1, Wood Street, K'olkata? 700 0:16. Subject: Conf?idetltiality'ofExport am} import Data. t. ,r a The undeteigned is direeted ?to refer to above. yaur A 0 "C's The issue ?of con?? (- 3. taken?up with Departmem of Revenue, Ministry of Finance, reminded in this regard. You may take it up directly with them also. L) - 7 his hate the agiproy?tl of DGFT. Letter dated 07.01.2016 on the subject cited VJ ex Dated: 29.01.2916 N0. dentjaiity of Export and. Import Data has been who are being O) pal/? 9311 Jain) . Admsor Telefa-x: 23061215 .17. w: ?s 2:3 . E-mait: . A I. i at; FEE: 28:51 ?st-Nae I 't I we: i (353 heme?J .if@9133?" .7 . 9. re? 6Y9 Chairmanship of Revenue Secretary on the above subject. enclosed herewith for taking necessary action. Tithe Commerce Secretary. _Copy to: 10. el- ff . Government of indie i?u?linistiy Of Finance Depr=rtn?ierrt of Revenue . [firawback Division sic-k-Jr-a'rak-l? Hear, Jeni/an Deep ixflarg, New Delhi; Dated the am September, 2014. "is: . 95-1 OFFICE MEMORANDUM Subject: - Commerce Secretary?s DO letter dated 20.06.2014regarding 1'0 issues of DGFT pending resolution with Department of Revenue -reg. (ii Kind attention is drawn to inter ministerial meeting held on 14.08.2014 under the The decision taken in the meeting have been compiled in a Broadsheet which is (Dinesh' Kumar Gupta) .7 Director (Drawbac'k) Tele: 23360581 Udyog Bhawan, New Delhi 110-011 DGFT, - . . I Udyog Bhawan, New Delhi (for taking action on Point No. 1,4,7(i) and 9). DG (EPaction on Point No. ?land 4). JS (Customs) (fortaking action on Point No. 1-and 5) 1 Deputy Director General (N10) (for taking action on Point No 1) . (Dinesh' Kumar Gupta) Copy for information to: PPS to Revenue Secretary PPS to Chairperson PPS to Member (Computeriaation) PPS to Member (Customs) r? r? .P?W?dc (its), (#469) (es-new). (W t: ?5 ?ame? ?aged- A . a? O- . .. . ., I 'c (Commerce data of Biils Department of Noti?cation No. data of daily iist Privacy of Commercially Sensitive Data 128/2004-Customs .. . Gist" of Issues dept. letter dt. 20.6.2014! I DGFT has requested DG (Systems) to provide of Entry of imports under Advance Authorization and. port Promotion I Goods in electronic form. Revenue! Noti?cation No. (Nil) and further revised 18/2012-Cus (Nfl?) publishes of imports and exports '=.There are also Public Notices like" No. with Public Notice No. 17012005) of Bangalore Customs through which exports could be. subscribed. dai list of lmp?ojrts/ in this, details such as name, vaiue, product description are getting publicized reducing negotiation space for an exporter thereby impacting competitive position in the suggested that Ail these Noti?cations .may be withdraw and there. shouldbe publication and dissemination of detain public. .. domain and (2) Precaution to of data and commercial intelligence to private - agencies and modalities for the same may be worked out. 6 increasing the? number of Ports for import of the metallic scrap b) international market. it is single agency for data be taken to prevent leakage including. Capital, public domainDecisions taken in Intererlinisterial Meeting held on 14.8.2014 . ?g of export obligations by. Region; the status reported by. was that issues have - . . that there should 5: ing between US Systems and DGFT to DGFT drew attention that 'QIBECVnoti?cation- i?i2b1 . of exports which, inter~alia, contain port of destination, description "of goods print-out was also-provided by DGFT. . . - From a print-out perided?by-DGFT, the Chairperson (EC) observed. that de the export documents assessment and, as a- result, the. descriptions may. includemodei/ brand! which could lead to disclosure of sensitive dataI if_ such descriptions were to scription of goods in as to allow ciarit;r ii" manufacturers?name be made available in governing publishing of Eo/mprehensively review the notifications ?asialso? the mecha'nism'and extent of s-in the interest of securing privacy of Chairperson (so) directedatha't the customs Wing would commercially sensitive data. [Actiorn Customs Wing} A is restricted for import through 26 there is need for greater infrastructure for detecting risk. The DOC did not crass the pointraj