Section 101

of Excise Order, 2006

ORDERIn forceProvision 102 of 165

Section 101

(1)

For the purposes of section 100, the business records to be kept shall be those records generated by, or that otherwise come within the possession or control of, the importer that are necessary to verify –

(a)

any entry required to be made under this Order;

BLUV as of 8th August 2018

(b)

the importation of any goods;

(c)

the custody or movement of any goods subject to excise 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 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;

(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, excise 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 and any party related to the transaction;

BLUV as of 8th August 2018

(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;

(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 an excise controlled area licensed for the purposes described in section 59, 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.

BLUV as of 8th August 2018

Audit or examination of business records.

Read in full context — Excise Order, 2006 →

Section 101

of Excise Order, 2006

ORDERIn forceProvision 102 of 165

Section 101

(1)

(a)

any entry required to be made under this Order;

BLUV as of 8th August 2018

(b)

the importation of any goods;

(c)

the custody or movement of any goods subject to excise 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 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;

(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, excise 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 and any party related to the transaction;

BLUV as of 8th August 2018

(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;

(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)

(f)

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

BLUV as of 8th August 2018

Audit or examination of business records.

Read in full context — Excise Order, 2006 →