INP-WealthPk

Evidence of Identity Mandatory Under New FBR Rules For Cross-Border Trade

May 31, 2022

By Abdul Wajid Khan ISLAMABAD, May 31 (INP-WealthPK): The Federal Board of Revenue (FBR) has introduced new rules and regulations under which the ‘evidence of identity’ (EOI) has been made compulsory for the subscription of Pakistan Single Window (PSW) system to conduct cross-border trade. According to a notification issued by the FBR, a copy of which is available with WealthPK, these rules shall be called the Pakistan Single Window Evidence of Identity Rules, 2022. Under these rules, all persons wishing to conduct a cross-border trade transaction, whether imports, exports or transit, must provide EOI by undergoing electronic verification through subscription to the PSW system. These rules shall apply to all users whether individuals, sole proprietorships or body corporates registered with the FBR or the Securities and Exchange Commission of Pakistan (SECP), government organisations, diplomatic missions, foreign individuals and businesses, or any other commercial and non-commercial entity engaged in cross border trade including import, export and transit. These rules shall also apply to the users involved in the provision of trade-related services such as customs clearing agents, shipping agents, bonded carriers, logistic operators, warehouse operators, transporters or any other such business associated with cross border trade included or intended to be included in the PSW system. Under these rules, the subscription to PSW system will be carried through an online process as defined in the PSW EOI regulations issued under Section 22 of the PSW Act. The applicant, upon furnishing the necessary information required by the system for the verification process and payment of subscription fee as prescribed in the EOI regulations, shall be issued a unique User ID. The applicant shall receive the User ID issued electronically by the PSW system on the email address registered with the FBR. To verify the identity of the applicant, the PSW system shall develop and implement an electronic 'Know Your Customer'(KYC) protocol based on the system integrations or electronic data interchange with the FBR, SECP, Pakistan Mobile Number Portability Database Company (PMD), National Database and Registration Authority (NADRA), commercial banks and any other database prescribed in the regulations. The applicants shall be responsible for updating and correction of their particulars in the FBR, SECP, PMD, NADRA or associated bank databases in case of non-verification of given information. The applicant shall be responsible for the authenticity of the information provided as EOI and shall in no circumstances whatsoever assign, sublet or allow in any other form the use of his/her credentials by another person for subscribing to the PSW system. The user identification (UID) of the subscriber shall remain valid and active for a period of two years from the date of issuance. The same shall have to be renewed or revalidated upon expiry of the prescribed period of two years. The subscriber or user shall have to apply for such renewal or revalidation one month prior to the expiry of the validity period of two years upon payment of the prescribed subscription fee. Access to the PSW system for conducting cross-border trade transactions will only be allowed through the UID and password duly issued to an applicant. The subscriber shall be responsible for the authenticity of the information provided, security of his/her password, safe handling of the data shared or retrieved from the PSW and ethical use of the system. Failure to exercise due care in the use of the PSW system or compromising its digital system or conniving with any person who intend to get unauthorized access to the PSW shall be liable to the action which may involve suspension of the UID and penalties under the provisions of the Act and other applicable laws for time being in force. Access to different modules, functionalities, features and services of the PSW system whether for conducting a trade transaction, accessing trade data, availing of any PSW digital service or any other purpose shall be subject to the roles and privileges assigned to a particular UID and shall be governed by the terms and conditions as electronically agreed by the applicants at the time of subscription. No applicant whose evidence of identity is accepted through the PSW subscription process as prescribed in the EOI regulations shall be denied access to the PSW system and its allied components or services. These rules shall not apply to individuals or entities who have been barred from conducting cross-border trade transaction under any applicable national or international law and legal, quasi-legal or administrative order by the authority of competent jurisdiction due to the applicant's involvement in smuggling, commercial or customs fraud, identity theft, trade-based money laundering, terrorist financing, terrorism or contravention of any other national or international law as officially communicated to the operating entity whether through electronic or regular means of the correspondence. The UID of an applicant may be suspended or cancelled due to non-renewal or revalidation within the prescribed period, committing of an offence as prescribed under Section 13 of the Act, violation of terms and conditions agreed at the time of subscription, or prescribed under these rules or EOI regulations. No order shall be passed for refusal, suspension or cancellation of a UID unless the applicant or subscriber is given a reasonable opportunity of being heard.