India Bhutan Agreement on Trade, Commerce and Transit

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Click below to read Commerce and Transit Trade Agreement between Bhutan and India

 

 

India Bhutan Agreement on Trade, Commerce and TransitPlease find below the extract of Agreement on Trade between India and Bhutan, commerce and transit

 

 

AGREEMENT ON TRADE, COMMERCE AND TRANSIT
BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF INDIA
AND
THE ROYAL GOVERNMENT OF BHUTAN
 
 
The Government of the Republic of India and the Royal Government of Bhutan,
 
Conscious of the age-old ties between India and Bhutan and with a desire to
strengthen them,
 
Convinced of the benefits which accrue to their people from the free trade and
commerce between the two countries, expansion of the bilateral trade and
collaboration in economic development,
 
Have, in furtherance of the aforementioned objectives, agreed as follows:
 
ARTICLE - I
 
There shall, as heretofore, be free trade and commerce between the territories of
the Royal Government of Bhutan and the Government of the Republic of India.
 
ARTICLE - II
 
Notwithstanding Article - I, the Royal Government of Bhutan may, henceforth,
impose such non-tariff restrictions on the entry into Bhutan of certain goods of
Indian origin as may be necessary for the protection of industries in Bhutan. Such
restrictions, however, will not be stricter than those applied to goods of third
country origin.
 
ARTICLE - III
 
Notwithstanding Article – I, the Governments of the two countries may impose
such non-tariff restrictions on entry into their respective territories of goods of
third country origin as may be necessary.
 
 
 
 
 
 
 
1
ARTICLE - IV
 
In view of the free movement of goods flowing between the two countries and of
the possibility of the flow from one to the other of goods of third country origin,
the Governments of the two countries shall have annual consultations.
 
ARTICLE – V
 
All exports and imports of Bhutan to and from countries other than India will be
free from and not subject to customs duties and trade restrictions of the
Government of the Republic of India. The procedure for such exports and imports
and the documentation which are detailed in the Protocol to this Agreement, may
be modified by mutual agreement from time to time.


 
ARTICLE - VI
 
Notwithstanding the foregoing provisions, either contracting party may maintain
or introduce such measures or restrictions as are necessary for the purpose of:
 
i. Protecting public morals;
ii. Protecting human, animal and plant life;
iii. Implementing laws relating to import and export of gold and silver bullion;
iv. Safeguarding national treasures; and
v. Safeguarding such other interests as may be mutually agreed upon.
 
ARTICLE - VII
 
Trade between India and Bhutan will continue to be transacted in Indian Rupees
and Bhutanese Ngultrums.
 
ARTICLE - VIII
 
Each of the Governments agrees to provide appropriate refund to be mutually
decided annually in respect of excise duties on goods of its origin exported to the
other.
 
ARTICLE - IX
 
Merchant ships sailing under the flag of Bhutan shall be accorded treatment no
less favourable than that accorded to ships of any other foreign country in
respect of matters relating to navigation, entry into and departure from the Indian
ports, use of ports and harbour facilities in India, as well as loading and
unloading dues, taxes and other levies, except that the provision of this Article
shall not extend to coastal trade.
 
2
 
ARTICLE - X
 
The two Governments agree to enter into immediate consultations with each
other at the request of either side in order to overcome such difficulties as may
arise in the implementation of this Agreement satisfactorily and speedily.
 
ARTICLE - XI
This Agreement shall come into force with effect from the 29TH July 2006 and
shall remain in force for a period of ten years.
 
This Agreement may be renewed by mutual consent to such changes and
modifications as may be agreed upon between the two countries.
 
IN WITNESS WHEREOF, the undersigned, being duly authorised thereto have
signed the present Agreement.
 
Done in two originals at New Delhi on the Twenty Eighth Day of July Two
Thousand Six in the Hindi, Dzongkha and English languages. In case of conflict
the English text shall prevail.
 
 
 
FOR THE GOVERNMENT OF THE FOR THE ROYAL
REPUBLIC OF INDIA GOVERNMENT OF BHUTAN
 
 
 
 
 
 
(KAMAL NATH) (LYONPO YESHEY ZIMBA)
MINISTER OF COMMERCE AND MINISTER FOR TRADE AND
INDUSTRY INDUSTRY
 
      
 
3
PROTOCOL TO THE AGREEMENT ON
TRADE, COMMERCE AND TRANSIT
BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDIA
AND
THE ROYAL GOVERNMENT OF BHUTAN
 
 
WITH REFERENCE TO ARTICLE I OF THE AGREEMENT
 
For the purpose of this Agreement, the term ‘free trade and commerce’ in Article I
shall be understood to include within its scope sale of Bhutan lottery tickets in
India and the sale of Indian Government or State lottery tickets in Bhutan, subject
to the relevant laws which may be in force in the territories of the Kingdom of
Bhutan and India, as the case may be.
 
WITH REFERENCE TO ARTICLE V OF THE AGREEMENT
 
The following shall be exit/entry points in India for the imports into and exports
from Bhutan for the duration of the Agreement:-
 
1. Jaigaon - road route
2. Chamurchi - road route
3. Ulta Pani - road route
4. Hathisar (Gelephu) - road route
5. Darranga - road route
6. Kolkata - air & sea route
7. Haldia - sea route
8. Dhubri - riverine route
9. Raxaul - road & rail route
10. Panitanki - road route
11. Changrabandh - road route
12. New Delhi - air route
. 13. Mumbai - sea & air route
14. Chennai - sea & air route
15. Phulbari - road route
16. Dawki - road route
 
 
i. These routes may be discontinued or new ones added by mutual
agreement.
 
ii. All exports and imports of Bhutan to and from countries other than
India shall be effectively monitored and supervised by the Royal
Government of Bhutan.
 
4IMPORT PROCEDURE
 
 
When goods are imported from third countries for Bhutan through India, the
following procedure shall be observed at the Indian place of entry (hereinafter
referred to as “Customs House”):-
 
a). Clearance of goods imported for Bhutan shall be against Letter of
Guarantee issued by the Royal Bhutan Customs/ Representative of
the Royal Government of Bhutan.
 
b). At the Customs House, the importer or his agent (hereinafter
referred to as the “Importer”) shall present the Letter of Guarantee
in the prescribed form (Annexure I) in five copies. The last two
columns pertaining to classification of goods and duty shall be
completed by the Indian Customs.
 
c). The Customs House shall ensure that the seals are intact in case of
containerised goods and in case of non-containerised goods, after
percentage check if necessary, goods may be sealed individually or
the transport in which they are being carried be so sealed.
 
d). The Customs House, after having satisfied with the procedures in
Para C above, shall endorse all the copies of the Letter of
Guarantee. The fourth copy shall be handed over to the importer.
The fifth shall be sealed and handed over to the importer for
passing on to the Indian Customs Officer at the exit point in India.
 
e). On arrival of the goods at the Indo-Bhutan border, the importer
shall present to the Indian Customs Officer, the goods as well as
his copy of the Letter of Guarantee and the sealed copy for the
Customs Officer. The Customs Officer shall compare the two
copies and allow movement of goods into Bhutan after checking the
seal. The fourth copy shall be returned to the importer after due
endorsement and fifth copy sent to the Customs House.

 


f). In case of imports not reaching their destination, the Customs
officials of the two countries shall get in contact so as to trace the
movement of the goods. In case the goods are found to have been
diverted intentionally or purposely into India, the Indian Authorities
would invoke the guarantee and get in touch with the Transit &
Liaison Office/ Representative of the Royal Government of Bhutan
in Kolkata to realize the Customs duties and other dues of the
Government of the Republic of India.
 
 
5
NOTE:
 
Any cargo consigned to Bhutan arriving in Kolkata, Delhi, Mumbai and Chennai
airports which has to move by surface transport through the territory of the
Republic of India shall follow the import procedure as outlined in this Protocol.
 
EXPORT PROCEDURE
 
The Import Procedure detailed above shall apply mutatis mutandis for Bhutan’s
exports to third countries.
 
MOVEMENT OF GOODS FROM ONE PART OF BHUTAN TO ANOTHER
THROUGH THE INDIAN TERRITORY
 
For the movement of goods including forestry products from one part of Bhutan
to another through the Indian territories, the following procedure shall be
observed:-
 
a) The Bhutan Customs will issue a Transit Declaration in the prescribed
form (Annexure II) to the owner of the goods or his agent. In the case of
third country goods, the transit declaration would also carry an
undertaking from the Customs authorities of Bhutan that the goods are
meant for consumption in Bhutan only, and in cases of deflection, the laws
of both Indian and Bhutan Customs would be applicable. Movement of
goods through India accompanied by the Transit Declaration shall not be
subject to any sample checking by the Indian authorities except in cases
where a specific information is made available to the Indian Customs
authorities about consignment(s) carrying goods which are contraband in
nature or contrary to the importability of those in any manner. These
goods will be examined by Indian customs while transiting through India.
 
b) At the entry point in India, the Transit Declaration pertaining to goods of
third country origin shall be presented to the Indian customs who shall
endorse and return it to the owner or his agent and allow movement of
goods.
 
c) The Transit Declaration shall be deposited with the Bhutan Customs
Officials at the point of re-entry into Bhutan who shall release the goods
after inspecting the same.
 
 
 
 
 
 
6
Annexure I
 
LETTER OF GUARANTEE
 
On behalf of the Royal Government of Bhutan, we confirm that the goods
imported by M/s.……………………………… …………………………….with the
following details are imports of Bhutan and shall not be diverted en route or
retained in India.
 
 
Bill of
Lading
Number
Marks and
no. of
packages
Qty. and brief
description of
goods
CIF or
transacted
value
Classification of
*major goods under
the Indian Customs
Tariff (CTC)
Duty
involved
 
 
 
 
 
In the event of loss of goods or goods not crossing the Indian border due to
intentional diversion, we undertake to realise the customs duties and other dues
leviable on the goods when imported into India.
 
If, however, goods are delayed or lost in India due to reasons such as accidents,
hijacking, robbery, dacoity, breakdown of the carrier, strikes and natural
calamities, we undertake to notify the Indian Customs promptly and seek
necessary extension of time period or exemption of customs duty as the case
may be.
 
 
Signature
Place: On behalf of the Royal Government of Bhutan
Date: Name & designation:
 
 
Seal
 
 
Endorsement by the Customs House
 
 
Endorsement by the Indian Customs Officer at the exit point in India
 
* in case of importation of more than five items, only the major items may be
classified
 
7
Annexure II
 
Department of Revenue & Customs
Royal Government of Bhutan
Transit Declaration
(for movement of goods including forestry products from Bhutan to Bhutan
through Indian territories)
 
Agent: Declaration No.:
Exit point: Date of exit: Entry point: Date of entry:
 
Transporter: Vehicle No :
 
Challan No.: Date: No of packages: Gross weight (kg):
 
 
Consignor’s
name &
code
Consignee’s
name & code
Invoice
No.
Date Brief
description
of goods
Value in
Nu/Rs.
 
 
 
 
 
I/we declare that information given on this declaration and attached documents
are true and correct. In case the declaration is found to be incorrect, I/we shall be
liable for fines, penalties & prosecution as per the Sales Tax, Customs & Excise
Act 2000.
 
Signature of consignor/driver: Date:-
 
Physical verification (at exit point in Bhutan):
 
Physical verification (at entry point in Bhutan):
 
 
(Undertaking to be signed by the Royal Bhutan Customs in case of goods of third
country origin):
 
The consignment consists of goods of third country origin meant for consumption
in Bhutan.
 
Signature
 
 
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