Registered export contracts preserved replenishment and cash assistance benefits despite later policy reduction

Registered exports under a firm contract were treated as governed by the Import Policy in force on the date of registration, so the replenishment entitlement was fixed by that policy and the contract terms. Because the exporters complied with the prescribed attestation requirements and the exports fell within the relevant delivery schedule or outer date recognised by a later public notice, the subsequent reduction in replenishment percentage did not defeat the accrued benefit. The challenge based on an alleged surrender of cash assistance failed on the facts, while the claim relating to ginger was not pursued. The petitioners were entitled to replenishment licence at 5% of FOB value and the corresponding cash assistance.

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Issues: Entitlement of registered exporters to replenishment licence at 5% of FOB value and cash assistance under the Import Trade Control Policy for exports made under a registered contract.

Analysis: The registered contract was governed by the Import Policy in force on the date of the firm contract. The policy provision applicable to registered contracts fixed the replenishment percentage by reference to the date of registration and the contract terms, and the exporters had complied with the prescribed attestation requirements. A later public notice was treated as confirming that the benefit remained available for contracts entered into during the relevant policy period where exports were made within the stipulated delivery schedule or by the outer date specified in the notice. The subsequent reduction of the replenishment percentage could not defeat the accrued benefit under the registered contract. The challenge to the claim for cash assistance based on an alleged surrender was rejected on the facts, and the claim regarding ginger was not pressed.

Conclusion: The petitioners were held entitled to replenishment licence at 5% of FOB value for the covered exports and to the corresponding cash assistance, and the respondents were directed to issue and pay the same.

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