Circular No.70/2000-Cus. date 30-8-2000

F.No. 450/71/99-Cus.IV
Subject : Foreign Flag Vessel-leaving India beyond 12 nautical miles -licence/permission not required - Circular No 53/99-Cus amended

It is directed to refer to the Board's Circular No. 53/99-Customs, dated the 24th August, 1999 on above-mentioned subject. The said Circular was issued to enforce the licensing requirements of the Sections 406/407 of the Marine Shipping Act, 1958 for foreign flag vessels which call at Indian Ports. It has been pointed out by the Directorate general of Shipping, Ministry of Surface Transport that in case of foreign flag vessels proceeding to a place beyond territorial waters of India, beyond 12 nautical miles from the coast of India from any port or place in India, there is no need to obtain any licence under Section 407 of the said Act. The said section deals only with cases where the vessel is engaged in coasting trade, and therefore, the foreign flag vessel proceeding to a place/platform/drilling rig etc. beyond the territorial waters of India does not require any permission either under Section 406 or Section 407 of the said Act.

2. In view of above, it has been decided that the Board's Circular No. 53/ 99-Customs, dated the 24th August, 1999 would stand modified to the above extent, that is to say, there will not be any licensing requirements/specific permission under section 406 or section 407 of the marine Shipping Act, 1958 for a foreign flag vessel which proceeds to a place/platform/drilling rig etc. beyond the territorial waters of India.

3. These instructions may be brought to the notice of all concerned by way of issuance of suitable Public Notice/Standing Orders.

4. Difficulties, if any in implementation of these instructions, may be brought to the notice of the Board.

(Please see Cus Cir No.50/2001 dt.26/09/2001)

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