|
Policy |
2.1 |
The Policy
relating to the general provisions regarding exports and
imports is given in Chapter-2 of the Policy. |
|
Countries of Imports/Exports |
2.2 |
Unless
otherwise specifically provided, import/ export will be
valid from/to any country. However, import/exports of arms
and related material from/to Iraq shall be prohibited.
The above
provisions shall, however, be subject to all conditionality,
or requirement of licence, or permission, as may be required
under Schedule II of ITC (HS). |
|
Application Fee |
2.3 |
Unless
otherwise exempted, specified fee shall be paid for making
an application under any provision of the Policy and this
Handbook. The scale of fee, mode of payment, procedure for
refund of fee and the categories of persons exempted from
the payment of fee are contained in Appendix-21B |
|
Territorial Jurisdiction of
Licensing Authorities |
2.4 |
Every
application, unless otherwise specified, shall be submitted
to the licensing authority concerned, as per the territorial
jurisdiction of the licensing authorities indicated in
Appendix-1 |
|
Filing of Application
|
2.5 |
Every
application for an Import/Export licence/
certificate/permission or any other purpose should be
complete in all respects as required under the relevant
provisions of the Policy/Procedures and shall be signed by
the applicant as defined in paragraph 9.9 of the Policy.
An
incomplete application is liable to be rejected giving
specific reason for rejection. However in case of manual
applications, the applicant would furnish a soft copy of the
application in MS word format. |
|
Profile of Importer/ Exporter |
2.6 |
Each
importer/exporter shall be required to file
importer/exporter profile once with the licensing authority
in Part 1 of ‘Aayaat Niryaat Form’. Licensing authority
shall enter the information furnished in Part 1 of ‘Aayaat
Niryaat Form’ in their database so as to dispense with the
need for asking the repetitive information. In case of any
change in the information given in Part 1 of ‘Aayaat Niryaat
Form’, importer/exporter shall intimate the same to the
licensing authority. |
|
Self Addressed Stamped
Envelope |
2.7 |
The
applicant shall furnish a self addressed envelope of 40 x 15
cm with postal stamp affixed on the envelope as follows for
all documents required to be sent by Speed Post: |
| |
|
(a) |
Within local area Rs. 20.00
|
| |
|
(b) |
Up to 200 Kms. Rs. 25.00 |
| |
|
(c) |
Between 200 to 1000 Kms Rs.
30.00 |
| |
|
(d) |
Beyond 1000 Kms. Rs. 50.00 |
|
IEC No: Exempted Categories |
2.8 |
The
following categories of importers or exporters are exempted
from obtaining Importer - Exporter Code (IEC) number:
|
| |
|
(i) |
Importers
covered by clause 3(1) [except sub-clauses (e) and (l)] and
exporters covered by clause 3(2) [except sub-clauses (i) and
(k)] of the Foreign Trade (Exemption from application of
Rules in certain cases) Order, 1993. |
| |
|
(ii) |
Ministries/Departments of the Central or State Government. |
| |
|
(iii) |
Persons
importing or exporting goods for personal use not connected
with trade or manufacture or agriculture. |
| |
|
(iv) |
Persons
importing/exporting goods from/to Nepal provided the CIF
value of a single consignment does not exceed Indian
Rs.25,000. |
| |
|
(v) |
Persons
importing/exporting goods from/to Myanmar through
Indo-Myanmar border areas provided the CIF value of a single
consignment does not exceed Indian Rs.25,000. |
| |
|
However,
the exemption from obtaining Importer-Exporter Code (IEC)
number shall not be applicable for the export of Special
Chemicals, Organisms, Materials, Equipments and Technologies
(SCOMET) as listed in Appendix- 3, Schedule 2 of the ITC(HS)
except in the case of exports by category(ii) above. |
| |
|
(vi) |
The
following permanent IEC numbers shall be used by the
categories of importers/ exporters mentioned against them
for import/ export purposes. |
| |
S.
No. |
Code Number |
Categories of Importers/
Exporters |
| |
1. |
0100000011 |
All
Ministries/Departments of the Central Government and
agencies wholly or partially owned by them. |
| |
2. |
0100000029 |
All
Ministries/Departments of the State Government and agencies
wholly or partially owned by them. |
| |
3. |
0100000037 |
Diplomatic
personnel, Counselor officers in India and the officials of
the UNO and its specialised agencies. |
| |
4. |
0100000045 |
Indians
returning from/going abroad and claiming benefit under the
Baggage Rules. |
| |
5. |
0100000053 |
Persons/
Institutions/ Hospitals importing or exporting goods for
personnel use, not connected with trade or manufacture or
agriculture. |
| |
6. |
0100000061 |
Persons
importing/ exporting goods from/ to Nepal provided the CIF
value of a single consignment does not exceed Indian Rupees
25000/-. |
| |
7. |
0100000070 |
Persons
importing/ exporting goods from/to Myanmar through
Indo-Myanmar border areas provided the CIF value of a single
consignment does not exceed Indian Rupees 25000/-. |
| |
8. |
0100000088 |
Ford
Foundation |
| |
9. |
0100000096 |
Importers
importing goods for display or use in fairs/exhibitions or
similar events under the provisions of ATA carnet. |
| |
10. |
0100000100 |
Director,
National Blood Group Reference Laboratory, Bombay or their
authorized offices. |
| |
11. |
0100000126 |
Individuals/Charitable Institutions/ Registered NGOs
importing goods, which have been exempted from Customs duty
under the Notification issued by Ministry of Finance for
bonafide use by the victims affected by natural calamity. |
|
Note: |
Commercial
Public Sector Undertaking (PSU) who have obtained PAN will
however be required to obtain Importer Exporter Code number.
The permanent IEC number as mentioned above, shall be used
by non-commercial PSUs. |
|
Application
for Grant of IEC Number |
2.9 |
An
application for grant of IEC number shall be made by the
Registered/Head Office of the applicant to the licensing
authority under whose jurisdiction, the Registered office in
case of company and Head office in case of others, falls in
the ‘Aayaat Niryaat Form’ and shall be accompanied by
documents prescribed therein. In case of STPI/ EHTP/ BTP
units, the Regional Offices of the DGFT having jurisdiction
over the district in which the Registered/ Head Office of
the STPI unit is located shall issue or amend the IECs.
Only one
IEC would be issued against a single PAN number. Any
proprietor can have only one IEC number and in case there
are more than one IECs allotted to a proprietor, the same
may be surrendered to the licencing office for cancellation. |
|
IEC Format
and Statements |
2.9.1 |
The
Licensing Authority concerned shall issue an IEC number in
the format as given in Appendix-18B. A copy of such IEC
number shall be endorsed to the concerned banker (as per the
details given in the IEC application form).
A
consolidated statement of IEC numbers issued by the
licensing authority shall be sent to the offices of the
Exchange Control Department of the RBI as given in
Appendix-18D as per the statement given in Appendix-18C.
|
|
Validity of IEC No. |
2.9.2 |
An IEC
number allotted to an applicant shall be valid for all its
branches/divisions/units/factories as indicated in the
format of IEC given in Appendix- 18B. |
|
Duplicate
Copy of IEC Number |
2.9.3 |
Where an
IEC Number is lost or misplaced, the issuing authority may
consider requests for grant of a duplicate copy of IEC
number, if accompanied by an affidavit. |
|
Surrender
of IEC Number |
2.9.4 |
If an IEC
holder does not wish to operate the allotted IEC number, he
may surrender the same by informing the issuing authority.
On receipt of such intimation, the issuing authority shall
immediately cancel the same and electronically transmit it
to DGFT for onward transmission to the Customs and RLAs.
|
|
Mandatory returns
|
2.9.5 |
Each
IEC holder (barring those who have obtained IEC in the
preceding licensing year i.e 1.4.2004 to 31.3.2005) shall be
required to furnish yearly details of imports/exports made
by him in the preceding licensing year by 31st December. The
information shall be furnished online by the IEC holder by
accessing the website at
www.nic.in/eximpol. |
|
Application
for Import and Export of Restricted Items |
2.10 |
An
application for grant of a licence/certificate/ permission
for import or export of items mentioned as restricted in
ITC(HS) may be made in the form and to the licensing
authorities specified under the relevant chapters of this
Handbook. |
|
Imports
under Indo-US Memorandum of Understanding |
2.11 |
Import of
specified capital goods, raw materials, components, etc.
from the United States of America is subject to US Export
Control Regulations.
US
suppliers of such items are required to obtain an export
licence/ certificate/permission based on the import
certificate furnished by the Indian importer to the US
supplier. The following are the designated Import
Certificate Issuing Authorities (ICIA): |
| |
|
(i) |
The
Department of Electronics, for import of computer and
computer based systems; |
| |
|
(ii) |
The
Department of Industrial Policy and Promotion, Technical
Support Wing (TSW), for organised sector units registered
under it, except for import of computers and computer based
systems; |
| |
|
(iii) |
The
Ministry of Defence, for defence related items; |
| |
|
(iv) |
The
Director General of Foreign Trade for small scale industries
and entities not covered above as well as on behalf of any
of the above; |
| |
|
(v) |
The Embassy
of India, Washington, DC, on behalf of any of the above. |
| |
|
A request
for an import certificate shall be made in the ‘Aayaat
Niryaat Form’. The import certificate in Appendix-31 may be
issued by the ICIA directly to the importer with a copy to
(i) Ministry of External Affairs (AMS Section), New Delhi,
(ii) Department of Electronics, New Delhi; and (iii)
Directorate General of Foreign Trade, New Delhi.
However,
this import certificate will not be regarded as a substitute
for an import licence/certificate/ permission in respect of
the items mentioned as restricted in ITC(HS) and an import
licence/certificate/permission will have to be obtained
wherever required for such items. |
|
Validity Of Import
Licence/Certificate/ Permissions/ CCPs/ Export licence |
2.12 |
The
validity of import licence/certificate/ permission from the
date of issue of licence/ certificate/ permission shall be
as follows: |
| |
|
(i) |
Advance
Licence (including Advance Licence for Annual Requirement),
DFRC and Replenishment licence for Gem & Jewellery as per
Chapter- 4 of the Policy |
24 months |
| |
|
(ii) |
EPCG licence (other than
spares) |
36 months |
| |
|
(iii) |
EPCG
Licence for Spares, refractories, catalyst and consumables
|
Co-terminus with the Export
Obligation Period of the EPCG Licence. |
| |
|
(iv) |
Others
including CCP and Duty Entitlement Passbook Scheme, unless
otherwise specified |
24 months |
| |
|
(v) |
Advance Licence for deemed
export (including Advance Licence for Annual Requirement) |
24 months or
Co-terminus with the
contracted duration of execution of the project whichever is
later. |
| |
|
|
|
|
2.12.1 |
Where the
date of expiry of the licence/ certificate/ permission/ duty
credit certificates falls before the last day of the month,
the licence/certificate/ permission/ duty credit certificate
shall be deemed to be valid until the last day of the month.
This
proviso would be applicable even for a revalidated licence/
certificate/ permission/ duty credit certificates.
|
|
|
2.12.2 |
"The period
of validity means the period for shipment/ dispatch of goods
covered under the licence/certificate/ permission. The
validity of an import licence/ certificate/ permission is
decided with reference to the date of shipment/ dispatch of
the goods from the supplying country as given in Paragraph
9.11 A of this Handbook and not the date of arrival of the
goods at an Indian port." |
|
|
2.12.3 |
The
provisions of paragraph 2.12.2 above shall not be applicable
to DEPB, Duty Free Entitlement Certificate for Status
Holders & Service Providers, Target Plus Scheme and the
Vishesh Krishi Upaj Yojana. DEPB, Duty Free Entitlement
Certificate for Status Holders and Service Providers, Target
Plus Scheme and the Vishesh Krishi Upaj Yojana which are in
the nature of duty credit entitlement and must be valid on
the date on which actual debit of duty is made. |
|
|
2.12.4 |
Similarly,
where the date of expiry of either original or extended
export obligation period falls before the last day of the
month, such export obligation period shall be deemed to be
valid until the last day of the month. The original validity
of export licence for restricted items shall be 12 months
from the date of issuance unless otherwise specified. |
|
Revalidation of Import/ Export
Licence/ Certificate/ Permissions |
2.13
|
The
licence/certificate/permission may be revalidated on merits
by the licensing authority concerned, which has issued the
licence/ certificate/permission, for a period of six months
at a time but not beyond a period of 12 months reckoned from
the date of expiry of the validity period. |
| |
2.13.1 |
However,
revalidation of freely transferable
licence/certificate/permissions and stock and sale
licence/certificate/permission shall not be permitted unless
the licence/ certificates/ permissions have expired while in
custody of the Customs authority/ licensing authority. |
| |
2.13.2 |
In case the
licence/ certificates/ permissions expires in the custody of
the concerned licencing authority, revalidation would be
permitted under the specific orders of the Head of the
Office for a period for which the Licence/ Certificate/
Permissions has remained in Custody with the concerned
licencing authority. |
| |
2.13.3 |
Notwithstanding the provisions of para 2.13 and in cases
covered under paras 2.13.1 and 2.13.2 above, the
revalidation would be for a period for which the Licence/
Certificate/ Permissions remains in the custody of the
Customs or Licencing Authority .
An
application for revalidation may be made to the licensing
authority concerned in the ‘Aayaat Niryaat Form’. However,
in such cases where revalidation of the
licence/certificate/permissions is to be considered by DGFT,
the original application alongwith Treasury Receipt (TR)
/Demand Draft shall be submitted to the regional licensing
authorities concerned and self-attested copy of the same
shall be submitted to DGFT. |
|
Duplicate Copies of
Export-Import Licence/ Certificate/ Permissions/ CCPs |
2.14 |
Where a
licence/certificate/permission or an actual user duty credit
certificate is lost or misplaced, an application for grant
of a duplicate copy thereof may be made along with a copy of
an affidavit, as given in Appendix-24, to the licensing
authority which has issued the original licence/
certificate/ permission.
The
licensing authority concerned may, on merits, issue a
duplicate copy of the same after issuing an order for
cancellation of the original licence/certificate/ permission
and after informing the customs authority where the original
licence/ certificate/permission was registered. |
|
|
2.15 |
Duplicate
copy of freely transferable licence/ certificate/
permissions, may be issued against an application
accompanied by the following documents: |
| |
|
a. |
An
application with a fee equivalent to 10% of duty saved or
duty credit. |
| |
|
b. |
A copy of
FIR reporting the loss. |
| |
|
c. |
A copy of
the original affidavit on notorised stamp paper.
|
| |
|
d. |
Indemnity
bond on a stamp paper undertaking to indemnify the revenue
loss to the Government which may be caused on account of
issue of duplicate licenses covering the duty saved/ duty
credit amount. |
| |
2.15.1 |
However,
when the licence/certificate/permission has been lost by the
Government agency and a proof to this effect is submitted,
the documents at serial nos. (a) to (d) shall not be asked
for.
In such
cases, licence/certificate/permissions shall be revalidated
for a period for six months from the date of endorsement,
not withstanding anything stated below. |
| |
2.15.2 |
The
licensing authority, before issuing the licenses, shall
obtain the report regarding utilisation of the licence/
certificate/permissions from the Custom authority at the
port of registration mentioned in the original licence/
certificate/permission.
The
duplicate licence/ certificate/ permission shall be issued
only for the balance, which remained unutilised as per the
report furnished by the Customs authority at the port of
registration.
|
| |
2.15.3 |
The
validity of duplicate licence/certificate/ permission shall
be co-terminus with the original license and therefore no
request shall be entertained if the validity of the original
licence/ certificate/ permission has expired.
However, in
case when DEPB/ DFRC is lost by Customs/Licensing Authority,
duplicate licence/ certificate/ permission shall be issued
for a validity of six months.
However in
the case of loss of DEPB not involving either the Customs or
the Licencing Authorities, the duplicate DEPB issued would
have a validity equivalent to the balance period of validity
of the original DEPB on the date of application for the
duplicate DEPB. |
| |
2.15.4 |
The 10%
duty saved as given in para 2.15(a) is applicable for DFRC
and would be the duty saved amount for the balance quantity
and proportionate CIF value as per the information available
in serial no 6 of sub section V of ‘Aayaat Niryaat Form’.
However in case of duty credit certificates such as DEPB,
10% duty credit as given in para 2.15 (a) will be equivalent
to 10% of the available credit balance on the lost duty
credit certificate. |
| |
2.15.5 |
The
provision of paragraph 2.15.2 and 2.15.3 shall be applicable
both for cases covered under paragraph 2.14 and 2.15. |
|
Identity Cards |
2.16 |
To
facilitate collection of licence/ certificate/ permissions
and other documents, identity cards may be issued to the
proprietor/ partners/ directors and the authorised employees
(not more than three), of the importers and exporters.
However in
case of limited companies, the Head of the Regional Office
may approve the allotment of more than three identity cards
per company. An application for issuance of an Identity Card
may be made in the form given in Appendix-20A.
The
documents/licence/ certificate/permissions may be delivered
to the identity card holder and the officials of the DGFT
shall not be responsible for any loss etc. of the documents/
licence /certificate/ permissions thereafter.
In case of
loss of an identity card, a duplicate card may be issued on
the basis of an affidavit. The identity card shall be issued
in the format as given in Appendix-20B and shall be valid
for a period of three years from the date of issuance.
In the
normal circumstances, one authorized employee is allotted
one identity card pertaining to the company he represents.
However, to take care of cases like common directors/
partners, group company or any other similar issues, Head of
the Regional Office may issue multiple identity cards to
authorized employee after recording the reasons in writing. |
|
Interviews with authorised
Officers. |
2.17 |
Importer/Exporter and their employees shall have free access
to the offices of the licensing authorities and to the
officers authorised to grant interviews. Such officers may
also grant interview at their discretion to authorised
representative of the importer/exporter for making specific
representation. Interviews/ clarifications may also be
sought through E-mails with the officer concerned.
|
|
Export of Items Reserved for
SSI Sector |
2.18 |
Units other
than small scale units are permitted to expand or create new
capacities in respect of items reserved for the small scale
sector, subject to the condition that they obtain an
Industrial licence under the Industries (Development and
Regulation), Act, 1951.
It is a
condition of such licence that the manufacturer shall
undertake export obligation as may be specified by the
Ministry of Industry and the licensee is required to furnish
a Legal Undertaking to the Directorate General of Foreign
Trade in this behalf. The Directorate General of Foreign
Trade shall monitor the export obligation. |
|
Warehousing Facility |
2.19 |
Public/Private Customs Bonded Warehouses may be set up in
Domestic Tariff Area by following the procedure envisaged in
Chapter-IX of the Customs Act, 1962. Such warehouses shall
be permitted to import the items in terms of paragraph 2.28
of the Policy.
On receipt
of goods, such warehouses shall keep the goods for a period
of one year without payment of applicable customs duties.
Goods can be cleared against the Bill of Entry for home
consumption, on payment of applicable custom duty and on
submission of licence/certificate/permission wherever
required, provided the competent customs authorities have
made an order for clearance of such goods for home
consumption.
In case of
clearance against duty free categories/ concessional duty
categories, exemption/ concession from duty, as the case may
be, allowed.
In case of
clearance against DEPB, customs duty on imports may be
adjusted against DEPB credit.
The goods
can be re-exported without payment of customs duty provided
(i) a shipping bill or a bill of export is presented in
respect of such goods; and (ii) order for export of such
goods has been made by competent customs authorities.
Import,
storage, clearance or re-export are subject to the
provisions of the Customs Act, 1962 and the Rules, Orders,
Notifications or Instructions issued in respect of these
provisions. |
|
Execution
of Bank Guarantee/ Legal Undertaking for Advance Licence and
EPCG |
2.20
|
In cases of
direct import before clearance of goods through customs, the
licence holder shall execute a legal undertaking (LUT)/Bank
Guarantee(BG) with the customs authorities in the manner as
prescribed by them.
For cases
of direct imports, the Licensing Authority shall endorse the
following condition on the licence :
"Bank
Guarantee/ LUT as applicable to be executed as per relevant
Customs Notification/ Circular"
However, in
case of indigenous sourcing, the
licence/certificate/permission holder shall furnish Bank
Guarantee/LUT to the licensing authority as prescribed below
before sourcing the material from the nominated agencies or
indigenous supplier:- |
| |
|
S. No |
Category of Exporter |
Relevant
provisions of
Bank
Guarantee/ LUT |
| |
|
1 |
All Status
holders (both merchandise exporter and service
providers)/Public Sector Undertaking (PSUs) . |
Legal
Undertaking (LUT). |
| |
|
2 |
Manufacturer exporter (except Proprietorship and Partnership
firms)
Registered with Central Excise authority and
Having a minimum
export turn- over of Rs.1 Crore and above in the preceding
year. and
Having exported
during the previous two financial years.
|
Legal
Undertaking (LUT). |
| |
|
3 |
Manufacturer Exporter
Registered with Central Excise Authority and
Having paid
Central Excise Duty of Rs.1 Crore or more during the
preceding financial year.
The
exporter must submit a Certificate issued by Jurisdictional
Superintendent of Central Excise where the factory is
located validating clause (b) above.
|
Legal
Undertaking (LUT). |
| |
|
4 |
All exporters
having an export
turnover of at least Rupees 5 crore in the preceding
licencing year and
have a good track
record and three years of export performance
|
Legal
Undertaking (LUT). |
| |
|
5 |
Other
Manufacturer Exporter not covered under 1, 2 3 & 4 above
(except Proprietorships and Partnership firms)
exporting for last 3 years, or
exporting in any
of the last 3 years and satisfying the following conditions:
Registered
with Excise Authorities,
or
Registered
with State Sales Tax Authorities;
Shall be
required to furnish:
A
Central Excise certificate certifying preceding years
exports as per customs Circular No.74/2003 dated 21.8.2003,
and
(ii)
Registration Certificate and Excise Control Code (E.C.C.)
Number issued by Central Excise Authorities or
Registration Certificate issued by State Sales Tax
Authorities, as the case may be. This provision is not
required for category (a) above.
|
Bond
supported by Bank Guarantee to the extent of 15% of duty
saved on excise and education cess, if applicable. |
| |
|
6 |
Manufacturing companies (as distinguished from
Proprietorship and Partnership firm, who may also be
manufacturers) having not exported in each of the preceding
three licencing years but fulfilled the following criterion:
The
company is registered with Central Excise Authorities and
has paid Central Excise duty (unless exempted); and
The company is
registered with State Sales Tax Authorities and has paid
sales tax (unless exempted); and
The company
furnishes copy of their audited balance sheet; and the
minimum investment in plant and machinery must be Rs 50
lakhs.
|
Bond
supported by Bank Guarantee to the extent of 15% of duty
saved on excise duty and education cess, if applicable. |
| |
|
7 |
Merchant
Exporter, all types of Proprietorship and Partnership firms
(Other than Status Holders/ PSUs and category 4 above) |
Bond
supported by Bank Guarantee to the extent of 100% of the
duty saved on excise and education cess if applicable. |
| |
|
8 |
Service
providers other than those in category 1and 4 above. |
Bond
supported by Bank Guarantee to the extent of 100% of the
duty saved on excise and education cess if applicable. |
| |
|
However,
Manufacturer / Merchant Exporters falling under any of the
following two categories based on risk profile of the
exporter are required to execute bond supported by Bank
Guarantee to the extent of 100% of the duty saved amount on
excise and education cess if applicable. This can be
prescribed by the Head of the office not being below the
rank of Deputy Director General of Foreign Trade by
recording the reasons in writing.
Have come under
the adverse notice of Customs/ DGFT / Central Excise for
serious irregularities;
(b)
Having adverse track record in terms of fulfillment of
pending export obligation
In cases
where the Excise Duty is nil on the items of indigenous
procurement, the Bank Guarantee furnished would be for 25%
of the basic Customs Duty on the same product. The Bank
Guarantee and LUT should be valid as per the terms and
conditions incorporated in the Appendix-25A & 25B
respectively. The validity of the Bank Guarantee/LUT is
required to be extended in case of extension in export
obligation period. Specific endorsement to this effect shall
be made in the licence by the licensing authority.
In respect
of categories 3, 4 & 5 above, if the exporter has not
exported for all the 3 preceding years, 15% Bank Guarantee
condition shall be imposed on the duty saved amount provided
the CIF value does not exceed 200% of the domestic turnover
or 200% of FOB/FOR value of supplies of the preceding
licensing year, whichever is higher. Licence beyond 200%
entitlement shall be subject to 100% BG on the duty saved
amount for the CIF value exceeding 200% entitlement. However
the entitlement may be re-credited on production of
documentary evidence showing fulfillment of export
obligation and realization of export/ supply proceed.
In respect
of categories at S No. 2 and 4, the licencee would be
required to submit the Export Performance Certificate issued
by a Chartered Accountant as per Appendix 26.
However,
for import/domestic procurement of car under EPCG scheme,
100% Bank Guarantee will be required to be furnished except
in case of status holders/ PSUs who will furnish Bank
Guarantee/LUT as per aforesaid conditions
Bank
Guarantee exemption/relaxation as mentioned above shall also
be available in respect of past licences where licence
holder had earlier filed Bank Guarantee but as on date the
licence holder is entitled for Bank Guarantee exemption.
In case,
the firm has already executed BG/ LUT for the full value of
the licence/ certificate/ permission covering the items
indigenously procured, to the Customs and furnishes proof of
the same, no BG/ LUT shall be required to be executed with
the licencing authority.
|
|
Corporate Guarantee
|
2.20.1 |
A Status
holder or a PSU may also submit Corporate Guarantee in lieu
of Bank Guarantee/LUT in terms of the provisions of relevant
Customs Circular in this regard. In case of a group company,
if one company of a Group is a status holder, Corporate
Guarantee may be given for another company by this company,
which is not a status holder. |
|
Certificate of Origin
|
2.21 |
Certificate
of Origin is the instrument to establish evidence on the
origin of goods imported into any country. There are two
categories of Certificate of Origin viz. (1) Preferential
and (2) Non preferential. |
|
Preferential |
2.21.1 |
The
preferential arrangement/schemes under which India is
receiving tariff preferences for its exports are Generalised
System of Preferences (GSP), Global System Of Trade
Preferences (GSTP), SAARC Preferential Trading Agreement
(SAPTA), Bangkok Agreement, India–Srilanka Free Trade
Agreement (ISLFTA) and Indo- Thailand Free Trade Agreement.
These arrangements/ agreements prescribe Rules of origin
which have to be fulfilled for the exports to be eligible
for the tariff preference.
The
authorised agencies shall provide services relating to
issuance of certificate of origin, including details
regarding the rules of origin, list of items covered by an
agreement, extent of tariff preference, verification and
certification of eligibility etc. Export Inspection Council
(EIC) is the sole agency authorised to print blank
certificates. The authorised agencies may charge a fee, as
approved by Ministry of Commerce and Industry, for services
rendered. |
|
Generalised System of
Preferences (GSP) |
|
(a) |
GSP is a
non contractual instrument by which industrialized
(developed) countries unilaterally and on the basis of non
reciprocity extend tariff concessions to developing
countries. The following countries extend tariff preferences
under their GSP Scheme. |
| |
|
|
United States,
European Union,
Canada,
Australia (only to LDCs)
|
New Zealand
Japan
Norway
Switzerland
Bulgaria |
Belarus
Russia |
| |
|
|
GSP schemes
of these countries details the sectors/ products and tariff
lines under which these benefits are available, besides the
conditions and the procedures governing the benefits. These
schemes are renewed and modified from time to time. Normally
the Customs of GSP offering countries require information in
Form ‘A’ (prescribed for GSP Rules Of Origin) duly filled by
the exporters of the beneficiary countries and certified by
authorised agencies. List of agencies authorised to issue
GSP Certificate of Origin is given in Appendix-4A. |
|
Global System of Trade
Preference (GSTP) |
|
(b) |
Under the
agreement establishing Global System of Trade Preference
(GSTP), tariff concessions are exchanged among developing
countries, who have signed the agreement. Presently, there
are 46 member countries of GSTP and India has exchanged
tariff concessions with 12 countries on a limited number of
products. Export Inspection Council (EIC) is the sole agency
authorised to issue Certificate of Origin under GSTP. |
|
SAARC Preferential Trading
Agreement (SAPTA) |
|
(c) |
The
Agreement establishing SAPTA was signed by seven SAARC
members namely India, Pakistan, Nepal, Bhutan, Bangladesh,
Sri Lanka and Maldives in 1993 and came into operation in
1995. Four rounds of trade negotiations have been completed
and more than 3000 tariff lines are under tariff concessions
among the SAARC countries. The list of agencies, which are
authorised to issue Certificate of Origin under SAPTA are
notified under Appendix – 4B. |
|
Bangkok
Agreement |
|
(d) |
The Bangkok
agreement is a preferential trading arrangement designed to
liberalise and expand trade in goods progressively in the
Economic and Social Commission for Asia and Pacific (ESCAP)
region through liberalization of tariff and non tariff
barriers. At present , Bangladesh, Sri Lanka, South Korea,
India and China are exchanging tariff concessions. The
agencies authorised to issue Certificate of Origin under
Bangkok agreement are listed in Appendix – 4B. |
|
India-Sri
Lanka Free Trade Agreement (ISLFTA) |
|
(e) |
A Free
Trade Agreement (FTA) between India and Sri Lanka was signed
on 20th December, 1998. The agreement was
operationalised in March, 2000 following notification of the
required Customs tariff concessions by the Government of Sri
Lanka and India in February, and March, 2000 respectively.
Export Inspection Council is the sole agency to issue the
Certificate of Origin under ISLFTA. |
|
India
Afghanistan Preferential Trade Agreement |
|
(f) |
A
Preferential Trade Agreement between the Transitional
Islamic State of Afghanistan and Republic of India was
signed on 6th March, 2003 and was operationalised with the
issuance of the Customs Notification No 76/2003 dated 13th
May, 2003. Export Inspection Council is the sole agency to
issue the Certificate of Origin under India Afghanistan
Preferential Trade Agreement . |
|
Indo –
Thailand Framework Agreement for Free Trade Area
|
|
(g) |
India and
Thailand have signed the protocol to implement Early Harvest
Scheme under India- Thailand Free Trade Agreement on 1st
September 2004.The tariff preferences for imports on the
items of Early Harvest Scheme would be available only to
those products, which satisfy the Rules of Origin Criteria,
which have been notified by Department of Revenue, Ministry
of Finance, vide notification No.101/2004-Customs dated 31st
August 2004. Export Inspection Council of India would be the
sole agency to issue the Certificate of Origin under the
Early Harvest Scheme of the Framework Agreement on the
India-Thailand Free Trade Agreement. |
|
Non Preferential |
2.21.2 |
The
Government has also nominated certain authorised agencies to
issue Non Preferential Certificate of Origin in accordance
with Article II of International Convention Relating to
Simplification of Customs formalities, 1923. These
Certificates of Origin evidence the origin of goods and do
not bestow any right to preferential tariffs. The list of
these agencies is provided in Appendix – 4C.
All the
exporters who are required to submit Certificate of Origin
(Non Preferential) would have to apply to any of the
agencies enlisted in Appendix–4C with the following
documents: |
| |
|
(a) |
Details of quantum/origin of
the inputs/ consumables used in the export product. |
| |
|
(b) |
Two copies of invoices. |
| |
|
(c) |
Packing list in duplicate for
the concerned invoice. |
| |
|
(d) |
Fee not exceeding Rs.100 per
certificate as may be prescribed by the concerned agency.
|
| |
|
The agency
would ensure that the goods are of Indian origin as per the
general principles governing the rules of origin before
granting the Certificate of Origin(non preferential). The
Certificate would be issued as per the Format of Certificate
of Origin (Non Preferential) given in Annexure-II to
Appendix–4C. It should be ensured that no correction/re-type
is made on the certificate. |
| |
|
Any of the
agencies desirous of enlistment in Appendix–4C may submit
their application as per Annexure I to Appendix 4C to the
concerned Licensing Authority under whose Jurisdiction the
applicant falls as given in Appendix 1. |
| |
|
In case of
tea, all exporters who are required to submit Certificate of
Origin (Non-Preferential) shall apply to the Tea Board or
any Inspection Agency authorized by the Tea Board and
enlisted in Appendix-4C of the Handbook of Procedures,
(Vol.I) with the documents listed above. |
|
Automatic Licence/ Certificate/ Permission
|
2.22 |
The status
holders shall be issued licence/ certificate/ permissions
automatically within the stipulated time period. Deficiency,
if any, shall be informed in the covering letter which shall
be required to be rectified by the status holders within 10
days from the date of communication of deficiency. |
|
Submission of Certified Copies
of Documents |
2.23 |
Wherever
the original documents have been submitted to a different
licensing authority/ nominated agencies or to a different
division of the same licensing authority, the applicant can
furnish photocopy of the documents duly certified by him in
lieu of the original. |
|
Advance Payment |
2.24 |
In case,
payment is received in advance and export/ deemed exports
takes place subsequently, the application for a
licence/certificate/permission shall be filed within
specific period following the month during which the
exports/deemed exports are made, unless otherwise specified
|
|
Payment through ECGC cover |
2.25.1 |
In cases
where the export has been completed but the payment has not
been realised from the buyer, such exports shall be taken
into account for the purpose of benefits under the Policy
provided the payment has been realised by the Indian
exporter through ECGC cover. |
|
Payment through General
Insurance |
2.25.2 |
In cases
where exports have been made and payment realized through
the General Insurance Cover on account of transit loss or
other circumstances, the amount of the insurance cover paid
would be treated as payment realized on account of exports
under the various export promotion schemes. |
|
Export by post |
2.26 |
In case of
export by post, the exporter shall submit the following
documents in lieu of documents prescribed for export by
sea/air. |
| |
|
1) |
Bank
Certificate of Export and Realisation as given in
Appendix-22A. |
| |
|
2) |
Relevant
postal receipt |
| |
|
3) |
Invoice
duly attested by the Customs |
|
Import/
Export through Courier Service |
2.26.1 |
Imports/Exports through a registered courier service is
permitted as per the Notification issued by the Department
of Revenue. However, importability/ exportability of such
items shall be regulated in accordance with the Policy. |
|
Direct negotiation of export
documents |
2.26.2 |
In cases
where the exporter directly negotiates the document ( not
through the authorised dealer) with the permission of the
RBI, he is required to submit the following documents for
availing of the benefits under the export promotion schemes: |
| |
|
a. |
Permission
from RBI allowing direct negotiation of documents (however
this is not required for status holders who have been
granted a general permission), |
| |
|
b.
|
Copy of the
Foreign Inward Remittance Certificate (FIRC) as per Form
10-H of the Income Tax department in lieu of the BRC and |
| |
|
c. |
Statement giving details of
the shipping bills/ invoice against which the FIRC was
issued. |
|
Import/Export of Samples |
2.27 |
No
licence/certificate/permission shall be required for Imports
of bonafide technical and trade samples of items mentioned
as restricted in ITC(HS) except vegetable seeds, bees and
new drugs by any importer. However, samples of tea not
exceeding Rs.2000 (CIF) in one consignment shall be allowed
without a licence/certificate/permission by any person
connected with Tea industry.
Duty free
import of samples upto Rs 60000 for all exporters barring
those in the gems and jewellery sector and Rs.300,000 for
those in the gems and jewellery sector shall be allowed as
per the terms and conditions of Customs notification.
Exports of
bonafide trade and technical samples of freely exportable
item shall be allowed without any limit. |