The application sought, among other reliefs, the release of approximately 1,000 BYD vehicles, which has been detained by Sri Lanka Customs for a month.
Pursuant to the submissions made in the Court of Appeal on behalf of JKCG today, Sri Lanka Customs agreed to the immediate release of the vehicles, subject to the provision of security in the form of a Bank Guarantee.
We wish to clarify that it is standard practice among globally reputed automobile manufacturers to design vehicle models and specifications which are tailored to meet the regulatory standards, environmental conditions, and consumer preferences of the diverse international markets they serve.
For instance, the BYD ATTO 3 is manufactured with a 150 kW motor variant for markets such as Japan and Thailand, whereas the 100 kW motor variant is manufactured for Singapore, Nepal, and Sri Lanka.
These models are built to a standard specification, and it is important to note that the hardware and software components related to motor power are distinct and cannot be altered post-manufacture due to manufacturer driven restrictions, including, but not limited to, the complexity of the drive train including the permanent magnet synchronous motor.
Further, the manufacturer’s certificate serves as the source document verified by Sri Lanka Customs for vehicle clearance.
The Certificate issued by BYD for the specific models under detention have been duly provided for all consignments imported by JKCG.
As has been the industry practice, this Certificate has consistently formed the basis for the clearance of previous consignments.
As a responsible corporate entity, JKCG wishes to reassure its customers and the general public that all vehicle imports have been conducted in full compliance with applicable laws.
We remain committed to cooperating fully with Sri Lanka Customs to facilitate the release of the vehicles and the clearance of all future consignments in accordance with regulatory requirements.
We will engage with our customers affected by this delay to update them on the latest status and timeline of delivery of their vehicles and wish to thank them for their understanding and patience as we have navigated and aimed to resolve this issue.
We will also update our other stakeholders with any further information should the need arise.
Mrs. Farzana Jameel, PC appeared with Mr. Riad Ameen AAL, Mr. Varana Wijenayake AAL and Ms. Shahanie Mackie AAL, for the petitioner JKCG.
ASG Sumathi Dharmawardhane, PC appeared for the Respondents.