Section 95

of Customs Order, 2006

ORDERIn forceProvision 98 of 162

Section 95

(1)

For the purposes of section 94, the business records to be kept shall be those records generated by, or that otherwise come within the possession or control of, the importer or exporter that are necessary to verify –

(a)

any entry required to be made under this Order;

(b)

the importation or exportation of any goods;

(c)

the custody or movement of any goods subject to customs control; or

(d)

the manufacture of any goods subject to excise duty.

(2)

Without limiting the generality of subsection (1) and subject to subsections (3)

and (4), the following records are required to be kept –

(a)

shipping, importation, exportation and transportation documentation, including the following –

(i)

all entries required to be made under this Order;

(ii)

entry documentation, including any declaration, certificate, permit, licence etc.;

(iii)

vouchers;

Incorporating amendments until S 40/2018

(Clean Version) Norhasnani/H.Afif/zimah/zura_as of 17.02.2020

BLUV as at 08th August 2018

(iv)

bills of lading, waybills, airway bills and consolidator waybills;

(v)

shipping instructions and freight forwarders, instructions;

(vi)

consignment notes;

(vii)

import charges, accounting details, including agents’ fees, customs charges, wharf charges and other fees and charges;

(viii)

packing lists;

(ix)

manifests;

(x)

out-turn records; and

(xi)

goods’ tally records;

(b)

ordering and purchase documentation, including the following –

(i)

orders and confirmation of orders;

(ii)

purchase agreements;

(iii)

products specifications;

(iv)

contracts and conditions of purchase;

(v)

royalty agreements, pricing agreements, negotiations on pricing arrangements, and warranty agreements;

(vi)

invoices and pro forma invoices;

(vii)

commissions and brokerage agreements and details; and

(viii)

correspondence and any communication between the importer or exporter and any party related to the transaction;

(c)

manufacturing, stock and resale documentation, including the following –

(i)

inwards goods register;

(ii)

stock register;

(iii)

sales records;

(iv)

receipts’ journal;

(v)

costing records; and

(vi)

production records;

(d)

banking and accounting information, including the following –

(i)

letters of credit, applications for letter of credit and bank drafts;

(ii)

remittance advice;

(iii)

receipts and cashbooks;

Incorporating amendments until S 40/2018

(Clean Version) Norhasnani/H.Afif/zimah/zura_as of 17.02.2020

BLUV as at 08th August 2018

(iv)

credit card transactions;

(v)

telegraphic money transfers;

(vi)

offshore monetary transactions;

(vii)

cheque records; and

(viii)

evidence of payments by any other means including information detailing non-cash compensation transactions;

(e)

charts and codes of accounts, accounting instruction manuals and system and programme documentation that describes the accounting system used by the importer or agent thereof;

(f)

papers, books, registers, discs, films, tapes, sound tracks and other devices or things in or on which information contained in the records described in paragraphs (a) to (e) are recorded or stored.

(3)

Notwithstanding subsection (2) but subject to subsection (1), the licensee of a customs controlled area licensed for the purposes described in sections 60, 63 and 64, or under any other written law, shall keep or cause to be kept the records specified in paragraphs (a),

(b)

, (c) and (f) of subsection (2), but shall not be required to keep any of the other records specified in that subsection.

(4)

Notwithstanding subsection (2) but subject to subsection (1), every exporter shall keep or cause to be kept the records specified in paragraphs (a), (b) and (f) of subsection

(2)

, but shall not be required to keep any of the other records specified in that subsection.

Audit or examination of business records.

Read in full context — Customs Order, 2006 →

Section 95

of Customs Order, 2006

ORDERIn forceProvision 98 of 162

Section 95

(1)

(a)

any entry required to be made under this Order;

(b)

the importation or exportation of any goods;

(c)

the custody or movement of any goods subject to customs control; or

(d)

the manufacture of any goods subject to excise duty.

(2)

Without limiting the generality of subsection (1) and subject to subsections (3)

and (4), the following records are required to be kept –

(a)

shipping, importation, exportation and transportation documentation, including the following –

(i)

all entries required to be made under this Order;

(ii)

entry documentation, including any declaration, certificate, permit, licence etc.;

(iii)

vouchers;

Incorporating amendments until S 40/2018

(Clean Version) Norhasnani/H.Afif/zimah/zura_as of 17.02.2020

BLUV as at 08th August 2018

(iv)

bills of lading, waybills, airway bills and consolidator waybills;

(v)

shipping instructions and freight forwarders, instructions;

(vi)

consignment notes;

(vii)

import charges, accounting details, including agents’ fees, customs charges, wharf charges and other fees and charges;

(viii)

packing lists;

(ix)

manifests;

(x)

out-turn records; and

(xi)

goods’ tally records;

(b)

ordering and purchase documentation, including the following –

(i)

orders and confirmation of orders;

(ii)

purchase agreements;

(iii)

products specifications;

(iv)

contracts and conditions of purchase;

(v)

royalty agreements, pricing agreements, negotiations on pricing arrangements, and warranty agreements;

(vi)

invoices and pro forma invoices;

(vii)

commissions and brokerage agreements and details; and

(viii)

correspondence and any communication between the importer or exporter and any party related to the transaction;

(c)

manufacturing, stock and resale documentation, including the following –

(i)

inwards goods register;

(ii)

stock register;

(iii)

sales records;

(iv)

receipts’ journal;

(v)

costing records; and

(vi)

production records;

(d)

banking and accounting information, including the following –

(i)

letters of credit, applications for letter of credit and bank drafts;

(ii)

remittance advice;

(iii)

receipts and cashbooks;

Incorporating amendments until S 40/2018

(Clean Version) Norhasnani/H.Afif/zimah/zura_as of 17.02.2020

BLUV as at 08th August 2018

(iv)

credit card transactions;

(v)

telegraphic money transfers;

(vi)

offshore monetary transactions;

(vii)

cheque records; and

(viii)

evidence of payments by any other means including information detailing non-cash compensation transactions;

(e)

charts and codes of accounts, accounting instruction manuals and system and programme documentation that describes the accounting system used by the importer or agent thereof;

(f)

papers, books, registers, discs, films, tapes, sound tracks and other devices or things in or on which information contained in the records described in paragraphs (a) to (e) are recorded or stored.

(3)

(b)

, (c) and (f) of subsection (2), but shall not be required to keep any of the other records specified in that subsection.

(4)

Notwithstanding subsection (2) but subject to subsection (1), every exporter shall keep or cause to be kept the records specified in paragraphs (a), (b) and (f) of subsection

(2)

, but shall not be required to keep any of the other records specified in that subsection.

Audit or examination of business records.

Read in full context — Customs Order, 2006 →