Personal Baggage and Gift Schemes (Import of Cars, Buses, Trucks and Light Commercial Vehicles) Order, 1993

S.R.O. 599(I)/93:- In exercise of the powers conferred by sub-section (1) of section 3 of the imports and Exports (Control) Act 1950, and in supersession of SRO 597 (I)/84 dated the 5th July, 1984, the federal Government is pleased to make the following order, namely:-

1.Short title and commencement:- (I) this Order may be called the Personal Baggage and Gift Schemes (import of Cars, Buses, Trucks and Light Commercial Vehicles) Order, 1993.

                (i)    It shall come into force at once.

2.Definitions:- In this Order, unless there is any thing repugnant in the subject or context:
 

a)     "Authority" means an officer of the Federal Government authorized by It to perform the functions of the Authority under this Order within such area, as the Federal Government may, by notification in the official Gazette, specify;

b)     "Bus" means standardized passenger vehicle notified in such by the Ministry of Commerce from time to time;

c)     "Car"  includes a station wagon, van, delivery van, Pick up and 4 X 4 vehicles but does not include all passenger, vehicles of seating capacity of more than twelve persons including driver and cargo carriers of engine capacity exceeding 1600 cc;

d)    "earning certificate" means a certificate issued by an authorised officer of Pakistan Embassy, Consulate or Mission abroad (including Honorary Consulate) in the form ;

e)     "family" means parents, husband, wife and children including step-children;) whether married or not but excluding minor children;

f)    "gift undertaking' means a certificate issued by an authorised officer of Pakistan Embassy, Consulate or Mission abroad (Including Honorary Consulate);

g)    "last six months" for the purpose of importing a car means continuous stay abroad of six months without any visit of Pakistan;

h)    "last two years" for the purpose of eligibility to import or gift another car, means a period of' two years from the date of which previous import permit was issued for the car gifted or imported;

i)    "Light commercial vehicle" means statidardised vehicle notified as such by the Ministry of Commerce from time to time;

j)    "Pakistan national" means citizen of Pakistan residing abroad and includes a person having dual nationality and a  foreign national of Indo-Pakistan origin;

k)    "truck" means standardised cargo vehicle notified as such by the ministry of Commerce from time to time; and

l)    "two years stay abroad" means stay of not less than two years in a foreign country during which no single visit to Pakistan has exceeded sixty days at a time.

3. Cars:-The following persons are eligible to import or, as the case may be,  gift a car under this order,  namely:-
 

i)     A Pakistani National having a continuous stay of last six months abroad is entitled to import a new or used car not more than two years old) under personal baggage, provided that the used car not more than two year was registered in his name in the country of his residence abroad at least sixty days prior to his departures for Pakistan:-

ii)    Provided that the import of more than two years' old car or vehicle, having remained in use of the importer in the foreign country of his residence for the aforesaid period, shall be allowed under the Transfer of Residence Scheme subject to the following conditions, namely:-

a)    The Pakistani National is transferring his residence from abroad after a continuous stay of two years;

b)    he makes a declaration on his arrival in Pakistan that he intends to Import the car or vehicle under the Transfer Residence Scheme;

c)    this concession shall be availed in case of cars or vehicles which are transferred from a country wherein the said Pakistani National normally resides; and

d)    this concession shall be availed in case of cars or vehicles which are shipped within fifteen days of the arrival of the Pakistani National in Pakistan in case of cargo coming by air and within sixty days of its arrival in case of cargo coming over land route or by sea.

e)    The importer shall have: -

i)     valid driving license; and

ii)    registration document of the vehicle duly attested and stamped by the concerned Pakistan Embassy or Pakistan Consulate.

(The provision at (a) above will take effect from 01-01-1997)

iii)   A Pakistani national having two years' stay abroad is entitled to gift a new car to a
member of his family in Pakistan;

iv)   A Pakistani national having no definite country of residence abroad, for example a
seaman, can import only a new car; and

iv)    both husband and wife may separately  import or gift a car provided that they are
otherwise eligible to do so under this Order.

4.  The following are not eligible to import or, as the case may be, gift a car under this Order, namely:-
 

i)    An official who is in transit, (in Pakistan) or on, home leave from his post in another country;

ii)    A Pakistani student abroad receiving foreign exchange remittance from Pakistan provided that a student who has not received any remittance from Pakistan during twelve months prior to his return to Pakistan shall be eligible to Import a car if he fulfils the other conditions, and a Pakistani student abroad who has not received any foreign exchange during two years prior to his return to Pakistan shall be eligible to gift a car to a member of his family in Pakistan provided the other conditions are fulfilled;

iii)    A minor, that is to say, a person who is under eighteen years of age;

iv)     Non-earning members of the families of Pakistan living abroad;

v)    A person who has imported under personal Baggage Scheme or sent as gift a car during the last two years

vi)    A person in Pakistan who has received a car as gift during the last two years from a member of his family abroad. (A person shall thus be eligible to receive only one car as gift in two years)

5. A person intending to import a car under this order (Personal Baggage) shall submit to the Authority an application in the form along with the following documents, namely:-
 

a)    Purchase receipt ---This document shall show the value of the car as well as the fact that the order for purchase of the car was placed and full payment, including freight, was made before the arrival of the importer in Pakistan.

b)    Bill of lading --- This documents shall be produced if the car is imported by sea and shall show freight pre-paid and shipment to the car within four months from the date of arrival of the importer in Pakistan. The importer shall be shown as consignee.

c)    Customs Examination Report  --- This document shall be produced in case of cars brought by land route.

d)    Passport(s).

 i)    The passport or passports covering at least last two years shall be produced so as to verify the importer's requisite stay abroad and non-import or gift of car during that period.

ii)     In case of an importer, who holds dual nationality, import of car shall be allowed only on Pakistani Passport. However, to verify stay and import of car during the last two years, foreign passports will also be required to be submitted.

iii)    Other foreign nationals of Indo-Pakistan origin will be allowed import on foreign
passports provided that such persons are eligible to hold Pakistani nationality and fulfill
the other conditions prescribed under this order.

6.  A Pakistani national may , at this option in lieu of a car, import one motorcycle or scooter in completely built-up condition.

6-1. A Pakistani national abroad may gift a car to member of his family in Pakistan subject to the following conditions, namely:-

a)    He has been in a foreign country for two years or more and has not visited Pakistan for a period exceeding sixty days at a time.

b)    During the last two years, he has neither imported a car under personal baggage nor gifted a car to any other member of his family.

c)    The car gifted has been purchased out of his own earnings abroad.

d)    A gift undertaking dully attested by authorized officer has been obtained from the
Pakistan Embassy or Consulate including Honorary Consulate in the country of giftor's
residence.

e)    The giftee has riot previously received a gift of a car from any other member of his
family during the last two years.

6-2. Gift of a second hand or reconditioned car shall not be allowed.

7.  Import of car by non-priviliged foreign nationals and restrictions on sale of such cars,
 

i)    A non privileged foreign national who comes to Pakistan on a specific contract of service with any local or foreign firm or with a Government or semi-Government authority in Pakistan can bring a car as personal baggage.

ii)   The importer of the car shall submit to the authority an application for import in the form along with the following documents, namely:-

        i)     Passport.

        ii)     A certificate from local or foreign firm or contracting authority in Pakistan showing that the period of stay in Pakistan of foreign national shall not be less than two years.

        iii)    Documentary evidence that the car has been paid for from funds abroad,

        iv)    Bill of lading (in case of car imported as unaccompanied baggage) showing freight pre-paid and shipment of the car within ninety days from the date of arrival of the
importer in Pakistan.

        v)    If the car has been brought on Carnet-de-Passage or Triptique, no objection certificate from Carneit or Triptique by the concerned customs authority for retention of car in Pakistan shall be produced.

        vi)     A Documents mentioned at paragraph (iii) of sub-clause (2) shall not be necessary if the car was already registered abroad in which case a certificate of registration shall be produced.

         vii)   A car imported by a non-privileged foreign national on Carnet-de-Passage or Triptique shall not be sold, transferred or alienated in any manner except as specified in sub-clause (5) and (6).

           viii)    A car specified in sub-clause (4) may be sold, after the expiry of two years from the date of import, to a foreign national residing in Pakistan against his own foreign exchange held abroad or to the Department of Supplies, Government of Pakistan.

           ix)     A car imported by a non-privileged foreign national on payment of customs duty and sales tax shall be allowed to be sold to a Pakistani national after expiry of three years.

           x)    A foreign wife of a Pakistani national who retains her foreign nationality shall be treated as foreign national for the purpose of import of a car and the car imported by her shall be subject to the same restriction in the matter of sale or transfer or re-export from Pakistan as are applicable to cars imported by foreign nationals unless she acquires Pakistani nationality.

8.   Permission to re-export the vehicles brought in contravention of the rules. Where a vehicle is brought into Pakistan by a Pakistani national in contravention of these rules, he may be permitted to re-export such vehicle:

Provided that where the importer brings such vehicle against fake or forged documents, he shall, in addition to the confiscation of the vehicle be liable to such other penalty as may be imposed under any law for the time being in force.

9. All import permits issued prior to coming into force of this order shall remain effective till their validity.