CUS CIR NO. 100/2003 DATE 28/11/2003

Requirement of “No Objection Certificate” from RBI for the re-export of the goods shipped contrary to the instructions of the importers-reg.
I am directed to refer to the instructions contained in Board’s letter F.No.18/1/59-Cus. (CRC), dated 8.6.1959 on the above mentioned subject wherein it was stated that the goods shipped contrary to the instructions of the importer and the importer intends to re-export the same, the Commissioner may use his discretion and release the goods on payment of a nominal penalty or without any penalty as he deems fit, provided that he is satisfied that the goods have been imported as a result of bonafide mistake and contrary to the importer’s instructions subject to production of a “no objection certificate” from the Reserve Bank of India for re-shipment of the goods. In this regard, trade has expressed difficulties in obtaining the “NOC” from RBI and stated that, at time, it takes a minimum of one week to obtain the certificate. Therefore, they have requested for allowing re-shipment without insisting on the production of “NOC” from RBI.

2. The matter has been examined in consultation with the Reserve Bank of India who have opined that the “NOC” from RBI need not be insisted for re-export of such imported items. Therefore, the Commissioner may use his discretion and allow re-export without the requirement of a “No Objection Certificate” from the Reserve Bank of India, on payment of a nominal penalty or without any penalty as he deems fit, provided that he is satisfied that the goods have been imported as a result of bonafide mistake and contrary to the importer’s instructions.

3. Kindly bring the above instructions to the knowledge of all concerned for strict compliance.

[F.No. 450/58/2003-Cus.IV]

Sd/-
(D.S. Garbyal)
Under Secretary to the Govt. of India

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