Eximkey - India Export Import Policy 2004 2013 Exim Policy

ANF- 5A
(Application Form for Issuance of EPCG /Post Export EPCG Authorization)


(Please see the guidelines before filling the application)



1. Application for Please tick (v)
a. EPCG Scheme  
b. Post Export EPCG Scheme  
2. IEC No.   Branch Code  
  Declaration: I/We have updated my/our profile in ANF -1.  
3. Address of the factory/premises of the applicant where the capital goods to be imported are proposed to be installed  
     
4. Excise Registration Details
a. Excise Registration Number ( if registered with Central Excise)  
b. Date of registration  
c. Address of the Jurisdictional Central Excise Authority
(To be given irrespective of whether registered/ not registered with Central Excise)
 
5. Port of Registration (for the purpose of imports)  
6. Application Fee Payment details
a. Amount (in INR.)  
b. Mode of Payment
(Bank Receipt/ Electronic Fund Transfer/Credit Card/Debit Card)
 
c. Serial No. of Bank Receipt/EFT No./Credit Card/Debit Card details and Date of Payment  
7. Service Tax Registration Details (in case of Service Provider registered with Service Tax Authorities)
a. Service Tax Registration Number  
b. Date of registration  
c. Address of Jurisdictional Service Tax Authority  
d. Services for which registered  
8. Sector Classification of Capital Goods sought to be imported under the Scheme (Please tick)
a. Industrial Sector  
b. Agricultural Sector  
c. Service Sector  
d. Green Technology Sector  
e. Units in North Eastern Region/Sikkim/J&K  

9. Products to be exported/services to be rendered ITC(HS) Code/Service Code
   

10. Details of exports of same/similar product/services made in the preceding three licensing years (excluding exports which have been counted / are being counted for fulfilling specific EO in respect of EPCG Authorizations within valid EO Period)
Sl. No. Financial Year Total FOB Value of exports/services rendered for the same/similar product/services (INR in Crores)
1    
2    
3    
  Total  
  *Average export performance  


*If an applicant has been in existence for less than 3 years, the aggregate export will be divided by the number of years for which the company has been in existence and not by 3 years.
 

11. Details of EPCG Authorizations where EO is pending
Sl. No. Authorization No. and Date RA which issued the Authorization Value of duty saved/duty paid (in INR.) EO fixed on duty saved/duty paid (in freely convertible currency)/INR. Specific EO fulfilled Annual Average EO fixed (in INR.) Expiry date of EO period
               


12. Details of Capital Goods sought to be imported
 

Sl. No. Description of the items of import ITC(HS) Code Nature of Capital Goods sought to be imported* Quantity Primary use of Capital Goods sought to be imported**
           

* Whether Capital Goods/Spares/Tools/Jigs/Fixtures/Dies/Moulds/Spare refractories/Catalyst/Computer software systems (specify if any other)

** Whether used for Pre-production activity/Production activity/Post-production activity/for rendering services

13. Whether product to be imported is restricted for import – Yes/No.

(If yes, enclose copy of EFC approval from DGFT Hqrs.)

14. Details of Restricted Capital Goods applied for import
 

Sl. No. Description of the items of import ITC(HS) Code Nature of Capital Goods sought to be imported* Primary use of Capital Goods sought to be imported**
         


* Whether Capital Goods/Spares/Tools/Jigs/Fixtures/Dies/Moulds/Spare refractories/Catalyst /computer software systems(specify if any other)

** Whether used for Pre-production activity/Production activity/Post-production activity/for rendering services (At Sl. No. 13 and 14 above, please fill up whichever is applicable. In case applicant desires to import both restricted and freely importable capital goods appropriate information should be given in both the columns).

15. Whether product to be exported is restricted for export – Yes/No.

(If yes, enclose copy of EFC approval from DGFT Hqrs.)
 

16. Details of Duty
Total effective Customs duty on items to be imported (in %) CIF value of imports/ Indigenously procured capital goods (in INR.) Duty saved amount (in INR.)
1 2 3
     


Note: In case of indigenous sourcing of CG, duty saved is to be calculated on notional customs duty saved on FOR value of capital goods as per Para 5.07 of FTP.

17. Details of Duty in case of post-export EPCG duty credit scrip
 

Total effective Customs duty on items to be imported (in %) Basic Customs duty CIF value of imports/ Indigenously procured capital goods (in INR.) Duty paid (in INR.)
       


18. Details of Export Obligation imposed
 

Total duty saved/duty paid (INR) Specific Export Obligation to be imposed Average Export Obligation to be imposed
  INR US$ INR
       


19. Address of the factory/premises of the applicant or the supporting manufacturer where the capital goods to be imported are proposed to be installed
 

20. In case the proposed capital goods sought to be imported are to be used by the supporting manufacturer
a. Name  
b. Address  
c. MSME/IEM/LOI/IL Registration No. and date  
d. Products endorsed on MSME/LOI/IL/IEM  
e. Excise Registration No. and issuing authority, (if applicable)  


21. Postal address of the jurisdictional Central Excise Authority in whose jurisdiction factory/premises of the applicant/supporting manufacturer where the capital goods to be imported are proposed to be installed
 

Declaration/Undertaking
 

I /we, hereby, declare/certify that:

1. The particulars and the statements made in this application are true and correct to the best of my/our knowledge and belief and nothing has been concealed or held there from. If anything is found incorrect or false it will render me/us liable for any penal action or other consequences as may be prescribed in law or otherwise warranted.

2. I/We undertake to abide by the provisions of the Foreign Trade (Development and Regulation) Act, 1992, (as amended) the Rules and Orders framed there under, the Foreign Trade Policy, the Handbook of Procedures and the ITC(HS) Classification of Export & Import Items as amended from time to time.

3. None of the Proprietor/Partners(s)/Director(s)/Karta/Trustee of the firm/company has come under the adverse notice of DGFT or is in the caution list of RBI.

4. None of the Proprietor/Partners(s)/Director(s)/Karta/Trustee of the firm/company, as the case may be, is/are a Proprietor/Partner(s)/Director(s)/Karta/Trustee in any other firm/Company which has come under the adverse notice of DGFT or is in the caution list of RBI, to the best of my knowledge.

5. Neither the Registered Office/Head Office of the firm/company nor any of its Branch Office(s)/Unit(s)/Division(s) has been declared a defaulter and has otherwise been made ineligible for undertaking import/export under any of the provisions of the Policy.

6. I/We shall not export items on the SCOMET list for which authorisation has not been taken.

7. I/We do not come under the purview of Service Tax and therefore are not registered with the Service Tax Authorities.
(in case of Service Providers who are not covered under service tax)

8. In respect of goods for which nexus is not established at a later date, I/We shall, without demur, pay to the Government Customs duty saved [together with applicable interest] on such imported goods which are found having no relation with product exported or service rendered.

9. I/We undertake to submit a self-certified copy of ‘Drug Manufacturing Licences’ in case of export of Pharmaceutical Product(s) within a period of three years from the date of issue of EPCG Authorization failing which the Bank Guarantee/Legal undertaking executed/furnished at the time of clearance of Capital Goods with Customs authorities/Regional Authorities of DGFT, as the case may be, is liable to be forfeited/invoked and I/We would be liable to pay Customs Duty saved amount together with applicable interest thereon from the date of first import till the date of final payment.

10. I am authorised to verify and sign this declaration as per Paragraph 9.06 of the Foreign Trade Policy.
 

Place
Date
  Signature of the Applicant
Name
Designation
Official Address
Residential Address
Email
Telephone No. (O)


GUIDELINES FOR APPLICANTS


1. Application shall be filed online using digital signatures.

2. Applicant shall upload the documents as per details given below:

a. Bank Receipt (if fee has not been paid electronically) evidencing payment of application fee in terms of Appendix 2K.

b. Self-certified copy of MSME/IEM/LOI/IL in case of products or a self-certified copy of Service Tax Registration in case of Service Providers. (in case of Service Providers, who are not registered with Service Tax authorities, a declaration in this regard will be submitted as a part of the application (declaration no. 7) and service tax registration is not required to be submitted. In such cases RCMC from EPC concerned will suffice).

c. Certificate from a Chartered Engineer in the format given in Appendix 5A.

d. Certificate of Chartered Accountant / Cost Accountant / Company Secretary in Appendix 5B.

e. In case of Import of spares, tools, refractories and catalyst for existing plant and machinery, a list of plant/machinery already installed in the factory/premises of the applicant firm/ supporting manufacturer for which the above items are required, duly certified by a Chartered Engineer or jurisdictional Central Excise authority.

f. In case of EPCG applications made by debonding EOU/SEZ units, a self-certified copy of the ‘No Objection Certificate’ from the Development Commissioner concerned showing the details of the capital goods imported/indigenously procured by the applicant firm, its value at the time of import/sourcing and the depreciated value for the purpose of assessment of duty under the Scheme is to be submitted.

3. In case CG sought to be imported/item to be exported is under restricted category, a copy of this application shall be sent to EFC at DGFT Hqrs. also. (In such cases no separate application fee shall be required to be submitted while sending the copy of the application to Hqrs. EFC). Upon clearance by EFC, EPCG Authorization shall be issued by RA and will bear an endorsement that EFC has approved issue of EPCG Authorization for restricted CG/export item.
 

(Above ANF 5A has been revised vide PUBLIC NOTICE NO.08/2016, DT. 06/05/2016 )

4. Guidelines for designating/certifying of CSP under Para 5.02(b) of FTP 2015-20

The designating/certifying authority should call for the following documents :-

a. IEC

b. RCMC

c. Common service to be provided (in brief)

d. List of minimum six potential users (Name and IEC)

e. Name of the TEE where the applicant unit is located

f. Product category to be serviced

g. The unit should be duly registered with relevant indirect tax authorities prior to export.

(Above Sl. No. 4 has been added vide PN. NO.33/2016, DT. 23/09/2016 )

[OLD-

ANF-5A
(Application Form for Issuance of EPCG /Post Export EPCG Authorization)
(Please see the guidelines before filling the application)

 

1. Application for Please tick (v)
a. EPCG Scheme  
b. Post Export EPCG Scheme  

2. IEC No.   Branch Code  
  Declaration: I/We have updated my/our profile in ANF -1.  

3.   Address of the factory/premises of the applicant where the capital goods to be imported are proposed to be installed
     

4. Excise Registration Details
a. Excise Registration Number  
b. Date of registration  
c. Address of the Jurisdictional Central Excise Authority

(whether registered with central excise or not)
 

5. Port of Registration (for the purpose of imports)  

6. Application Fee Payment details
a. Amount (in Rs.)  
b. Mode of Payment

(TR Challan/ Electronic Fund Transfer/Credit card)
 
c. Serial No. of TR challan/EFT no./credit card details and Date of Payment  

7. Service Tax Registration Details (in case of Service Providers registered with Service Tax Authorities)
a. Service Tax Registration Number  
b. Date of registration  
c. Address of Jurisdictional Service Tax Authority  
d. Services for which registered  

8. Sector Classification of Capital Goods sought to be imported under the Scheme (Please tick)
a. Industrial Sector  
b. Agricultural Sector  
c. Service Sector  
d. Green Technology Sector  
e. Units in North Eastern Region/Sikkim/J&K  

9. Products to be exported/services to be rendered ITC(HS) Code/Service Code
     

10. Details of exports of same/similar product/services made in the preceding three licensing years (excluding exports which have been counted / are being counted for fulfilling specific EO in respect of EPCG Authorizations within valid EO Period)
Sl. No. Financial Year Total FOB Value of exports/services rendered for the same/similar product/services (Rs. in crores)
1    
2    
3    
  Total  
  *Average export performance  

*If an applicant has been in existence for less than 3 years, the aggregate export will be divided by the number of years for which the company has been in existence and not by 3 years.
 

11. Details of EPCG Authorizations where EO is pending
Sl. No. Authorization No. and Date RA which issued the Authorization Value of duty saved/duty paid (in Rs.) EO fixed on duty saved/duty paid (in freely convertible currency)/Rs. Specific EO fulfilled Annual Average EO fixed (in Rs.) Expiry date of EO period
               

12. Details of Capital Goods sought to be imported
Sl. No. Description of the items of import ITC(HS) Code Nature of Capital Goods sought to be imported* Quantity Primary use of Capital Goods sought to be imported**
           

* whether Capital Goods/Spares/Tools/Jigs/Fixtures/Dies/Moulds/Spare refractories/Catalyst (specify if any other)

** whether used for Pre-production activity/Production activity/Post-production activity/for rendering services

13. Whether product to be imported is restricted for import – Yes/No.

(If yes, enclose copy of EFC approval from DGFT Hqrs.)
 

14. Details of Restricted Capital Goods applied for import
Sl. No. Description of the items of import ITC(HS) Code Nature of Capital Goods sought to be imported* Primary use of Capital Goods sought to be imported**
         

* whether Capital Goods/Spares/Tools/Jigs/Fixtures/Dies/Moulds/Spare refractories/Catalyst (specify if any other)

** whether used for Pre-production activity/Production activity/Post-production activity/for rendering services

(From amongst column 13 and 14 above please fill up whichever is applicable. In case applicant desires to import both restricted and freely importable capital goods appropriate information should be given in both the columns).

15. Whether product to be exported is restricted for export – Yes/No.

(If yes, enclose copy of EFC approval from DGFT Hqrs.)
 

16. Details of Duty
Total effective Customs duty on items to be imported (in %) CIF value of imports/deemed imports (in Rs.) Duty saved amount (in Rs.)
1 2 3
     

Note: In case of indigenous sourcing of CG, duty saved is to be calculated on notional customs duty saved on FOR value of capital goods as per Para 5.07 of FTP.
 

17. Details of Duty in case of post-export EPCG duty credit scrip
Total effective Customs duty on items to be imported (in %) Basic Customs duty CIF value of imports/ deemed imports (in Rs.) Duty paid (in Rs.)
       

 

18. Details of Export Obligation imposed
Total duty saved/duty paid (Rs.) Specific Export Obligation to be imposed Average Export Obligation to be imposed
  Rs. USD Rs.
       

19. Address of the factory/premises of the applicant or the supporting manufacturer where the capital goods to be imported are proposed to be installed
   

20. In case the proposed capital goods sought to be imported are to be used by the supporting manufacturer
a. Name  
b. Address  
c. MSME/IEM/LOI/IL Registration No. and date  
d. Products endorsed on MSME/LOI/IL/IEM  
e. Excise Registration No. and issuing authority, (if applicable)  

21. Postal address of the jurisdictional Central Excise Authority in whose jurisdiction factory/premises of the applicant/supporting manufacturer where the capital goods to be imported are proposed to be installed
   

Declaration/Undertaking



I /we, hereby, declare/certify that:

1. The particulars and the statements made in this application are true and correct to the best of my/our knowledge and belief and nothing has been concealed or held therefrom. If anything is found incorrect or false it will render me/us liable for any penal action or other consequences as may be prescribed in law or otherwise warranted.

2. I/We undertake to abide by the provisions of the Foreign Trade (Development and Regulation) Act, 1992, (as amended) the Rules and Orders framed there under, the Foreign Trade Policy, the Handbook of Procedures and the ITC(HS) Classification of Export & Import Items as amended from time to time.

3. None of the Proprietor/Partners(s)/Director(s)/Karta/Trustee of the firm/company has come under the adverse notice of DGFT or is in the caution list of RBI.

4. None of the Proprietor/Partners(s)/Director(s)/Karta/Trustee of the firm/company, as the case may be, is/are a Proprietor/Partner(s)/Director(s)/Karta/Trustee in any other firm/Company which has come under the adverse notice of DGFT or is in the caution list of RBI, to the best of my knowledge.

5. Neither the Registered Office/Head Office of the firm/company nor any of its Branch Office(s)/Unit(s)/Division(s) has been declared a defaulter and has otherwise been made ineligible for undertaking import/export under any of the provisions of the Policy.

6. I/We shall not export items on the SCOMET list for which authorisation has not been taken.

7. I/We do not come under the purview of Service Tax and therefore are not registered with the Service Tax Authorities. (in case of Service Providers who are not covered under service tax)

8. In respect of goods for which nexus is not established at a later date, I/We shall, without demur, pay to the Government Customs duty saved [together with applicable interest] on such imported goods which are found having no relation with product exported or service rendered.

9. I/We undertake to submit a self-certified copy of ‘Drug Manufacturing Licences’ in case of export of Pharmaceutical Product(s) within a period of three years from the date of issue of EPCG Authorization failing which the Bank Guarantee/Legal undertaking executed/furnished at the time of clearance of Capital Goods with Customs authorities/Regional Authorities of DGFT, as the case may be, is liable to be forfeited/invoked and I/We would be liable to pay Customs Duty saved amount together with applicable interest thereon from the date of first import till the date of final payment.

10. I am authorised to verify and sign this declaration as per Paragraph 9.06 of the Foreign Trade Policy.
 

Place   Signature of the Applicant  
Date   Name  
    Designation  
    Official Address  
    Residential Address  
    Email  
    Telephone No. (O)  
GUIDELINES FOR APPLICANTS


1. Application shall be filed online using digital signatures.

2. Applicant shall upload the documents as per details given below:

a. Treasury Receipt Challan (if fee has not been paid electronically) evidencing payment of application fee in terms of Appendix 2L.

b. Self-certified copy of MSME/IEM/LOI/IL in case of products or a self-certified copy of Service Tax Registration in case of Service Providers. (in case of Service Providers, who are not registered with Service Tax authorities, a declaration in this regard will be submitted as a part of the application (declaration no. 6), service tax registration is not required to be submitted. In such cases RCMC from EPC concerned will suffice).

c. Certificate from a Chartered Engineer in the format given in Appendix 5A.

d. Certificate of Chartered Accountant / Cost Accountant / Company Secretary in Appendix 5B.

e. In case of Import of spares, tools, refractories and catalyst for existing plant and machinery, a list of plant/machinery imported and already installed in the factory/premises of the applicant firm/ supporting manufacturer for which the above items are required, duly certified by a Chartered Engineer or jurisdictional Central Excise authority.

f. In case of EPCG applications made by EOU/SEZ units, a self-certified copy of the ‘No Objection Certificate’ from the Development Commissioner concerned showing the details of the capital goods imported/indigenously procured by the applicant firm, its value at the time of import/sourcing and the depreciated value for the purpose of assessment of duty under the Scheme is to be submitted.

3. In case CG sought to be imported/item to be exported is under restricted category, a copy of this application shall be sent to EFC at DGFT Hqrs. also. (In such cases no separate application fee shall be required to be submitted while sending the copy of the application to Hqrs. EFC). Upon clearance by EFC, EPCG Authorization shall be issued by RA and will bear an endorsement that EFC has approved issue of EPCG Authorization for restricted CG/export item. ]
 

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