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The Customs Act, 1969

( ACT NO. IV OF 1969 )

1Chapter XVIIIA

ALTERNATIVE DISPUTE RESOLUTION

Definition and scope of disputes for ADR
2[192C. (1) For the purposes of this chapter, "dispute" means-
 
(a) any case or proceeding-
 
(i) of levy, assessment, collection or refund of duty and taxes or, for imposition of fine or penalty in relation to the determination of customs valuation under section 25 of any imported consignment; and
 
(ii) pending before any customs authority or any appellate authority constituted under this Act, or the Supreme Court of Bangladesh; 3[***]
 
(b) any case or proceeding pending before customs or customs appellate authority or the Supreme Court of Bangladesh relating to fine or penalty imposed by customs authorities in respect to any matter of clean report of findings (CRF) or customs valuation, arising out of either the pre-shipment inspection system or otherwise4[; and]
 
5[(c) penalty related pending disputes including those of customs classification under mandatory pre-shipment inspection system.]
 
(2) Notwithstanding anything contained in sub-section (1), the following disputes shall not be dealt with ADR, namely:-
 
(a) fraud or criminal cases;
 
(b) disputes involving seizure and confiscation of prohibited, restricted or smuggled goods;
 
(c) disputes involving allegations of money laundering;
 
(d) disputes involving customs classification of imported goods 6[, except disputes related to customs classification and penalty thereof, pending under mandatory pre-shipment inspection system]; and
 
(e) disputes on alleged evasion of duties and taxes through the resort to misdeclaration of H.S. Code, name and quantity of goods, fraud of documents, violation of import and export policy or violations of customs bonded warehouse related licensing and/or bond related conditions.]

  • 1
    CHAPTER XVIIIA and under this chapter "section 192A, 192B, 192C, 192D, 192E, 192F, 192G, 192H, 192I, 192J and 192K " were inserted by section 7 of the Finance Act, 2011 (Act No. XII of 2011).
  • 2
    Section 192C was substituted by section 6(a) of the Finance Act, 2013 (Act No. XXV of 2013) (with effect from 1st July, 2013).
  • 3
    The word ''and'' was omitted by section 3(a)(1) of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).
  • 4
    The semi-colon and word ''; and'' was substituted for the full-stop (.) by section 3(a)(2)(i) of the Finance Act, 2014 (Act No. V of 2014) (with effect from 1st July, 2014).
  • 5
    Clause (c) was added by section 3(a)(2)(ii) of the Finance Act, 2014 (Act No. V of 2014) (with effect from 1st July, 2014).
  • 6
    The commas and words '', except disputes related to customs classification and penalty thereof, pending under mandatory pre-shipment inspection system'' was inserted after the word ''goods'' by section 3(b) of the Finance Act, 2014 (Act No. V of 2014) (with effect from 1st July, 2014).
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Ministry of Law, Justice and Parliamentary Affairs