Monday, July 6, 2009

Fraudulent clearance of vehicles

When this scandal came into limelight and spread in the commercial market circles, custom officials contacted the relevant clearing agents and asked to help recover those vehicles. Out of those, so far 3 vehicles were recovered and deposited into PQ Customs Collectorate, but it was not brought on official record. They had not taken any legal action as required under the Customs Act 1969 and Import Policy Order 2008-09. Under this Order there is a 10-year imprisonment if an importer brings a vehicle having fake and forged documents


Hundreds of vehicles imported on fake and fraudulent documents are cleared by customs authorities depriving national exchequer by billions of rupees. Three such vehicles were impounded and kept at Port Qasim Customs Collectorate last month but these vehicles were not confiscated in a legal way nor were any FIR lodged against the culprits.

According to informed sources large number of Toyota Hilux Vigo (Double Cabin) vehicles were imported from Thailand under personal baggage scheme announced by government through Import Policy Order 2008-09. Under this policy any vehicle of more than three years old was not allowed to import in Pakistan and this 3 year age was counted on three calendar years basis, excluding current model year.

However, under a new SRO No.195(I)/2009 issued by Ministry of Commerce on 25th February 2009 it was amended that "The age of the vehicle shall be determined from the date of its manufacture".

To counter this amendment importers and customs clearing agents prepared and presented fake and forged registration books of imported Toyota Hilux Vigo (Double Cabin) vehicles and submitted to customs authorities to bring the vehicles within the ambit of amended Import Policy Order i.e. 36 months period. The customs authorities knowingly; instead of confiscating under amended law were releasing the vehicles.

It may be mentioned here that Customs Appraisement Karachi has already installed a Data Software provided by Toyota Motors' Office in Pakistan to check such incidents and fraudulent clearance of vehicles older than 36-months period. Under this process the Port Qasim Customs Collectorate forwards the G.D. (Goods Declaration) for verification of 36-months period.

But in this case Port Qasim Customs Collectorate staff reportedly cleared the vehicles after obtaining monetary benefits from clearing agent and did not forward the G.D. for prior verification of age aspect of the vehicles to Karachi Appraisement. This was the case of misdeclaration; an offence for which FIR is a must and put before Special Judge, Customs & Taxation Karachi. But no FIR was lodged till filing of this report.

When this scandal came into limelight and spread in the commercial market circles, custom officials contacted the relevant clearing agents and asked to help recover those vehicles. Out of those, so far 3 vehicles were recovered and deposited into PQ Customs Collectorate, but it was not brought on official record. They had not taken any legal action as required under the Customs Act 1969 and Import Policy Order 2008-09. Under this Order there is a 10-year imprisonment if an importer brings a vehicle having fake and forged documents. He shall in addition to the confiscation of the vehicle, be liable to such other penalty as may be imposed under any other law for the time being in force. Re-export facility shall also not be available for such vehicles.

According to sources the PQ Customs authorities were holding three recovered vehicles and struggling at the highest level of Ministry of Commerce to get issued another notification for reversal of the above-referred amended order and restoration of the previous one, for counting the age of vehicles as per 3 calendar years.

MOBILE WORLD learnt that the price of such vehicles is not less than Rs2.5 million each while custom duty is charged at the rate of Rs800,000 each. Under the law such vehicles should be confiscated outrightly due to forged documents.

Informed sources told that a considerable drop in revenue collection for the current fiscal year was due to the large scale corruption and frauds in customs department in connivance with the higher officials. When such frauds were unearthed no legal action was taken due to involvement of the higher authorities.

-Nasir Mahmood, send e-mail: nasirmahmood05@gmail.com