2.56
Responsibility and Liability of PSIA, Importer and Exporter
(a) In case of any mis-declaration in PSIC or mis-declaration in application form for recognition as PSIA, PSIA would be liable for penal action under Foreign Trade (Development & Regulation) Act, 1992, as amended, in addition to suspension/ cancellation of recognition.
(b) The importer and exporter would be jointly and severally responsible for ensuring that the material imported is in accordance with the declaration given in PSIC. In case of any mis-declaration, they shall be liable for penal action under Foreign Trade (Development & Regulation) Act, 1992, as amended.
(c) The scanned copy of the PSIC (in pdf format) shall have to be uploaded by the PSIA on DGFT website or emailed to DGFT (at psic-dgft@gov.in). The certificate shall be issued in prescribed form Appendix 2H.
(d) The PSIA will also be required to take photographs or make video of the inspection carried out, duly capturing the following activities/details:
(i) Photograph(s) or video clipping of the place of inspection with PSIA inspector (mandatory) and representatives of exporter / importer, if available (optional); with time, date of the inspection (at least 1 photograph or video clipping);
(ii) Photograph(s) or video clipping of the testing instrument(s) used for inspection;
(iii) Photograph(s) or video clipping of the process of stuffing of containers showing the container number (at least 1 photograph or video clipping per container)
(iv) Photograph(s) or video clipping of the sealing process (at least 1 photograph or video clipping per container)
(e) The photographs and/or video clippings [as per 2.56 (d) above] and PSIC shall be uploaded on DGFT website by PSIA, through digital signatures or sent to psic-dgft@gov.in through registered e-mail of PSIA. Till such time the DGFT website link is operationalized, the PSIC and photographs/videos will be e-mailed to the DGFT (at psic-dgft@gov.in).
(Above para 2.56 has been PN. NO.12/2015, DT. 18/05/2015)
[OLD- 2.56
Responsibility and Liability of PSIA and Importer
(a) In case of any mis-declaration in PSIC, PSIA would be liable to pay a penalty upto Rs. 10 Lakh (if the agency is based in India) or up to US $20,000/- (if the agency is based in a foreign country), in addition to suspension/ cancellation of recognition.
(b) The importer and exporter would be jointly and severally responsible for ensuring that the material imported is in accordance with the declaration given in paragraph 2.55 of Handbook of Procedures. They shall also be responsible for import of any material in contravention of the declaration as required under Paragraph 2.55 of Handbook of Procedures and would be liable to pay penalty up to Rs 10 Lakh.
(c) The scanned copy of the PSIC (in pdf format) shall be uploaded by the PSIA on DGFT website. The certificate shall be issued in prescribed form Appendix 2H.
(d) The PSIA will make a video clip of 3-5 minutes of the inspection carried out in mp3/mp4/flv/wav format, duly capturing the following activities/details:
(i) the time, date, place of the inspection
(ii) photographs of the exporter and representative of the importer (if available)
(iii) the name and identity number of inspector
(iv) instrument number
(v) the container number
(vi) the event of stuffing of container and sealing of the same
(vii) the carriage and its registration number on which the container is loaded
(viii) the process of signing of the PSIA certificate by the authorised person.
(e) The video clip and PSIC will be uploaded on DGFT website by PSIA, through digital signatures. These would be available to the concerned customs authorities to view & verify the same. Till such time the DGFT website link is operationalised, the PSIC and video clip will be e-mailed (psia-dgft@nic.in) to the DGFT and the concerned customs authorities by the Authorised Signatory of PSIA. ]