Aim of Indian Customs AEO Programme
To provide
business entities with an internationally recognized certification
To recognize
business entities as "secure and reliable" trading partners
To incentivize
business entities through defined benefits that translate
into savings in time and cost
And of course to
make our world more secure and safe
Who can
apply?
1. Anyone involved in the
international supply chain that undertakes Customs related activity in India
can apply for AEO status irrespective of the size of the business. These
include manufacturers, exporters, importers, logistic service providers, (e.g.
carriers, airlines, freight forwarders etc.), Custodians or Terminal Operator
(CFS and ICD), Customs House Agents and Bonded Warehouse Owners. Others who may
qualify include port operators, authorized couriers, stevedores. This list is
not exhaustive.
2. Only such entities that can
categorically establish their compliance to the legal and security criterion
are eligible to apply.
3. The applicant must be established
in India. The applicant should have
business activities for at least three financial years preceding the date of
application. However in exceptional cases, on the basis of physical
verification of internal controls of a newly established business entity, the
AEO Programme Manager may consider it for certification.
4. Keeping the small and medium scale enterprises
in mind it has been decided the AEO programme is made open to all
Importers/Exporters whose threshold of import or export declarations is 25
documents i.e. either Bills of Entry or Shipping Bills during the last
financial year. The other economic operators should have handled at least 25
documents i.e. Bills of Entry or Shipping bills during the last financial year.
5. Legal Compliance: No show cause notice issued to applicant during last three
financial years involving fraud, forgery, outright smuggling, clandestine
removal of excisable goods OR cases where Service Tax has been
collected from customers but not deposited to the Government. However if issued
detail shall be furnished. Show Cause Notice issued involves only technical issues
like classification, valuation etc., they are entitled to get benefit of AEO.
No case wherein prosecution has
been launched/completed against the applicant or its senior management.
Ratio of disputed duty during the last three
financial years to the total duty paid during the said period is not
more than ten percent.
Ratio of disputed drawback during the last
three financial years to the total drawback claimed during the said period
is not more than ten percent.
6. Managing commercial and (where appropriate)
transport records: The
applicant should have a satisfactory
§ System of managing commercial, transport
records,
§ Procedures for verifying the accuracy of
Customs declarations,
§ Aware of the need to inform the Customs
authorities whenever compliance difficulties are discovered.
§ Administrative set up which corresponds to the
type and size of business
7. Financial solvency: The applicants must be financially solvent
during the three financial years preceding the date of application and submit
an undertaking regarding its solvency and a Solvency Certificate issued by the
independent Chartered Accountants or Statutory Auditor of the applicant. The Net worth and Net current assets for the
last 03 years should be positive.
Validity and Renewal of AEO
AEO
status
|
Applicability
|
Validity
|
Time limit for submission of application for
renewal before lapse of validity
|
AEO-T1
|
Granted only to an importer or to an
exporter without physical verification of places/premises.
|
3
Year
|
30
days
|
AEO-T2
|
Granted only to an Importer or Exporter after
physical verification of premises/places.
|
3
Year
|
60
days
|
AEO-T3
|
Granted to (i) an Importer
or Exporter who continuously enjoyed the status of AEO-T2 for a period of two
years preceding the date of application or (ii) The
Importer/Exporter holding AEO-T2 certificate, and its other business partners
namely Importers or Exporters, Logistics service providers, Custodians/ Terminal
operators, Customs Brokers and Warehouse operators are holders of AEO-T2 or
AEO-LO certificate or any other equivalent AEO certificate granted by a
foreign Customs.
|
5Year
|
90
days
|
AEO-LO
|
Granted to economic operators other than
importers and exporters, (e.g. Logistics Providers, Custodians or Terminal
Operators, Customs Brokers, Warehouse Operators) after physical
verification of premises/ places.
|
5
Year
|
90
days
|
Benefits of certificate under AEO scheme for
all (AEO-T1, T2 & T3)
Benefits
|
AEO-T1
|
AEO-T2
|
AEO-T3
|
Shorter cargo release time
|
Yes
|
Yes
|
Yes
|
Direct Port Delivery (DPD) / or Direct Port
Entry (DPE
|
Yes
|
Yes
|
Yes
|
ID to authorized personnel
|
Yes
|
Yes
|
Yes
|
Separate space earmarked in Custodian's
premises.
|
Yes
|
Yes
|
Yes
|
Bank Guarantee only to extent
|
50%
|
25%
|
0.00%
|
Investigations
|
in six to nine months
|
Six
month
|
Six
month
|
Dispute resolution
|
Within six months.
|
six
|
six
|
e-mail regarding arrival/departure of the
vessel
|
Yes
|
Yes
|
Yes
|
24/7 clearances on request at all sea ports
and airports
|
Yes
|
Yes
|
Yes
|
No Merchant Overtime Fee (MOT) charges need
to be paid
|
Yes
|
Yes
|
Yes
|
Waiver of seal verification/scrutiny of
documents.
|
No
|
Yes
|
Yes
|
out of charge/let export order without any
scrutiny by the officers
|
No
|
Yes
|
Yes
|
Front line of treatment for container
scanning.
|
No
|
Yes
|
No
selection for scanning
|
Facility of deferred payment of duty
|
No
|
Yes
|
Yes
|
Disbursal of drawback amount
|
|
within 72 hours of EGM submission
|
faster
|
Assessment and/or Examination on priority
|
Yes
|
Yes
|
Yes
|
Faster completion of Special Valuation
Branch ('SVB') proceedings
|
No
|
Yes, in time bound manner
|
Yes
|
Facility to paste MRP stickers in their
premises
|
No
|
Yes
|
Yes
|
Post
clearance audit
|
Yes
|
Onsite PCA will be conducted once in three years
only, no regular PCA.
|
On Intelligence information
|
Access to their consolidated import/ export
data through ICEGATE
|
No
|
Yes
|
Yes
|
Facility of submitting paperless
declarations with no supporting documents in physical form
|
No
|
Yes
|
Yes
|
Client Relationship Manager" (CRM) at
AC/DC level at all port
|
No
|
Yes
|
Yes
|
Benefits for AEO-LO certificate
Logistic
Service Providers
i. Waiver
of bank Guarantee.
ii. Facility
of Execution of running bond.
iii. Exemption
from permission in case of transit of goods.
iv. In
case of international transshipped cargo (Foreign to Foreign), for the
pre-sorted containers wherein Cargo does not require segregation, ramp to
ramp or tail to tail transfer of cargo can be effected without Customs
escorts.
|
Customs
Brokers
i. Waiver
of Bank Guarantee
ii. Extended
validity (till validity of AEO status) of licenses
iii. System
Manager to incorporate date of validity of AEO from time to time in the
System Directory
iv. Waiver
from fee for renewal of license.
|
Warehouse
Operators
i. Faster
approval for new warehouses within 7 days of submission of complete documents
ii. Waiver
of antecedent verification envisaged for grant of license for warehouse
under circular 26/2016
iii. Waiver
of solvency certificate requirement under circular 24/2016
iv. Waiver
of security for obtaining extension in warehousing period under circular
21/2016
v. Waiver
of security required for warehousing of sensitive goods under circular
21/2016
|
Custodians
or Terminal Operators
i. Waiver
of bank Guarantee
ii. Extension
of approval for custodians under regulation 10(2) of the 'Handling of cargo
in Customs Area Regulation 2009 'for period of 10 years.
|
What Is Deferred Duty Payment under
Customs (Delinking duty payment and Customs clearance)
In terms of customs Notification No.
135/2016-Customs, Importers certified under Authorized Economic Operator
programme as AEO (Tier-Two) and AEO (Tier-Three) are entitled for payment of
duty under deferred payment scheme, means option of deferred payment is
extended only to AEO-T2 and AEO-T3 certificate holder.
Date
of bill of entry
|
Duty
shall be paid
|
1st
day to 15th day of any month.
|
By
the 16th day of that month
|
16th
day till the last day of any month except march
|
By
the 1st day of the following month.
|
16th
day till the 31st day of March
|
By
the 31st March.
|
Notification No. 134/2016-Customs
(N.T.) dated 2nd November, 2016 read with Circular No.
52/2016.
The eligible importer who intends to make
deferred payment shall indicate the same using flag "D" in the
Payment Method column of Bill of Entry filed.
|