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Circulars
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Clarification on Export of API/Formulations (Restricted) under Advance Licence
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Export permission for restricted formulations under advance licences issued before the notification allowed, with no quantity enhancement permitted.
Permission allows export of formulations derived from restricted APIs under existing Advance Licences issued before the Notification, limited to ITCHS headings under Chapter 30, with no enhancement of quantities permitted for import or export items in those licences.
Clarification on Notification No. 50/2015-20 dated 03.03.2020
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Export restriction limited to specified API descriptions; SEZ units and other differently described items under same HS codes exempt.
Exports from SEZ units are exempt from the restriction and permitted to export the specified APIs and formulations. The restriction applies only to the particular item descriptions listed against each ITC (HS) code; other items under the same HS codes with different descriptions are allowed for export.
Institution and/or continuation of proceedings under Foreign Trade (Development & Regulation) Act, 1992 and Rules thereunder against companies/firms against whom proceedings have been instituted in the National Company Law Tribunal (NCLT) under the Insolvency and Bankruptcy Code, 2016
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Proceedings under foreign trade law may continue against firms in insolvency if the liquidator is added as respondent.
Proceedings under the Foreign Trade (Development & Regulation) Act may be instituted or continued against companies before the NCLT unless the NCLT expressly prohibits such proceedings; when a company is in liquidation the liquidator must be added as a respondent, and the Adjudicating Authority referred to is the NCLT.
Modalities for import of 4 Lakh MT Urad for the fiscal year 2020 - 2021.
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Import quota allocation for urad: online applications by millers and refiners; equal distribution among eligible applicants required.
Import of urad for 2020-21 is limited to an import quota of four lakh metric tonnes and allowed only to millers/refiners with their own refining/processing capacity. Eligible parties must apply online using ANF-2M, attach IEC, a capacity certificate from competent authorities and proof of fee payment, and submit a single application per IEC. The EFC will allocate quota based on processing capacity, quantity sought and applications received, distributing available quota equally or up to applied amounts among eligible applicants; DGFT may revise allocations. Imports must reach ports within the quota year without extensions.
Restriction on import of Pulses.
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Import restriction on Urad limits imports to millers and refiners under a notified annual quota, excluding government commitments.
Restriction on import of Urad imposes an annual quota limiting imports to four lakh metric tonnes for the 2020-21 fiscal period, effective from 1 May to 31 March. Imports under the quota are permitted only to Millers/Refiners and will be governed by a procedure to be notified by the Directorate General of Foreign Trade. The restriction does not apply to government import commitments under bilateral or regional agreements.
Proformae of application and end use certificate for implementation of "Global Authorisation for Intra-Company Transfers (GAICT) of SCOMET items / software/ technology" under Para 2.79F in the Handbook of Procedure
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Global Authorisation for Intra Company Transfers of SCOMET items requires offline applications, quarterly post reporting, and an End Use Certificate.
Notification implements the Global Authorisation for Intra Company Transfers (GAICT) under Para 2.79F by prescribing ANF2O(b) for offline export authorisation applications to DGFT(Hqrs), ANF2O(c) for quarterly post shipment reporting (including nil returns), and Appendix 2S(iv) End Use cum End User Certificate from the foreign parent. The proformae set out required shipment, product, supply chain and supporting documentation, declaratory undertakings and commitments against diversion, WMD use, and permit post shipment verification while imposing compliance obligations under FTP/HBP and related statutes.
Steps taken by Department of Financial Services with regard to Disruption on account of Corona Virus.
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Disruption response: banks to create assistance cells, accept self-certification, and insurers to cover shipment delay losses.
Department of Financial Services directed Public Sector Banks to set up special assistance cells for industry segments and MSMEs affected by coronavirus, require banks to convey document/procedural requirements in one communication and accept self-certifications where applicable to facilitate remittances, and to identify and support import substitution and production ramp-up. DFS also asked the insurance regulator to review and permit modification of insurance products to cover losses from abnormal shipment delivery delays.
Import of additional quota of Urad (2.5 Lakh MT) for the fiscal year 2019-20
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Extension of import deadline for Urad requires licensed importers to ensure consignments arrive by the revised final date.
The notice extends the import deadline for the additional Urad quota, requiring consignments to arrive at Indian ports on or before the revised final date; licensed importers must complete shipments within this timeframe and no further extensions will be allowed, with compliance to existing licensing modalities and notification to relevant trade and customs authorities.
Online filling and Issuance of Preferential Certificate of Origin under India Korea Comprehensive Economic Partnership Agreement (IKCEPA) for India's Exports to Republic of Korea w.e.f. 06th March 2020
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Preferential Certificate of Origin portal mandated for IKCEPA exports; applications and issuance must be made through the online platform.
Preferential Certificate of Origin applications and issuance for IKCEPA exports must be made exclusively through the DGFT online CoO platform; exporters and designated agencies must register, use a Class II or Class III digital signature embedding the IEC number, and ensure IEC data is up to date as director/partner/branch details will be auto-populated from the DGFT-IEC database.
Steps taken by CBIC to facilitate clearances in view of situation arising due to Corona virus
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24x7 customs clearance mandated to address coronavirus related trade disruptions, with recordkeeping and late fee waivers for China delays.
24x7 Customs clearance is directed at all Customs formations, with Chief Commissioners to deploy sufficient officers and maintain station wise records of Bills of Entry/SBs filed beyond normal hours and report daily. CRCL laboratories will operate 24x7. Bills of Entry filed late for import consignments from China will not attract late fee charges where a letter from the importer or customs broker states the delay was due to non receipt of documents from China. The Public Notice is to be treated as a standing order and circulated to exporters/importers.
Relief in Average Export Obligation in terms of Para 5.19 of Hand Book of Procedures of Foreign Trade Policy, 2015-20
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Average export obligation relief granted for EPCG authorizations in sectors with over 5% export decline.
Where a sector or product group experienced over 5% decline in exports in 2018-19 versus 2017-18, Regional Authorities must proportionately reduce the annual average export obligation for affected EPCG Authorizations for 2018-19, record the reduction in the authorization file and Amendment Sheet, and consider applicable Handbook of Procedures policy guidance before issuing demand notices or EODCs, with such consideration reflected on the EODC check sheet.
One-time relaxation for submission of hard copy of applications for claiming assistance under 'Transport and Marketing Assistance (TMA) for Specified Agriculture Products' Scheme
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One-time relaxation for TMA applications permits late submission of physical documents where acknowledgment misled applicants.
One-time relaxation allows online applicants for the Transport and Marketing Assistance scheme who applied on or before 30.01.2020 to submit physical ANF-7(A)A printouts and self-certified prescribed documents to the concerned Regional Authorities by 15.03.2020; this responds to an acknowledgement-slip software error rectified w.e.f. 30.01.2020 and affected applications received by the extended date will be treated as timely and examined by RAs per prescribed policy.
Amendment of Para 2.54 (d)(v)iv in Handbook of Procedures, 2015-2020.
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Pre-shipment inspection exemption: metallic scrap from listed safe regions may enter via designated ports, subject to supplier certification and scans.
Amendment adds Kattupalli to the list of designated ports where pre-shipment inspection certificate (PSIC) is not required for metallic waste and scrap from the USA, the UK, Canada, New Zealand, Australia and the EU, provided consignments are cleared through those ports with supplier/scrap yard certification of absence of radioactive materials and explosives; such consignments remain subject to radiation and explosive checks via portal monitors and container scanners, and trans-shipments through those regions are not eligible for the exemption.
Proforma of Undertaking in the form of Legal Agreement for grant of permission for export/re-export of items under SCOMET Control List for repair/replacement and display/exhibition/tender purposes.
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SCOMET export control: legal undertaking requires return and reporting of temporarily exported controlled items under prescribed conditions.
The notification prescribes a proforma legal Undertaking as a condition for export/re export authorisations of SCOMET items for repair/replacement or temporary demo/display/exhibition/tender purposes, detailing scenario specific conditions requiring declaration of origin and recipient, prohibition on value addition and onward transfer, custody and non commercial use during temporary exports, mandatory return within the stipulated period (with DGFT discretion for extensions), execution formalities on stamp paper, and post import reporting to DGFT using Annexure I with supporting documents for monitoring compliance.
Applicability of Minimum Import Price on Import of Cashew Kernels for SEZ/EoU units
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Minimum import price exemption for SEZ and EOU imports of cashew kernels confirmed; MIP not applicable to such units.
The Directorate General of Foreign Trade confirms that the Minimum Import Price on cashew kernels, as recently revised, is not applicable to imports by 100% Export Oriented Units (EOUs) and units in Special Economic Zones (SEZs), clarifying treatment for importers and DGFT regional authorities.
Amendments to remove the pre-export conditions for the items mentioned against SIONs E-121, E-122, E-123, E-124, E-127 and E-128
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Pre-export condition removal for specified SIONs permits import without prior EODC requirement under amended input-output norms.
The amendment deletes the pre-export condition in the Standard Input Output Norms for specified SIONs, removing the requirement that first export occur and import be allowed only after grant of an Export Obligation Discharge Certificate (EODC), thereby changing the prior import-authorization conditionality.
Policy to keep control on exporters using self certified system for EU-GSP Registered Exporter System
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Registered Exporter compliance: exporters must submit regular origin statements and respond to verification or face REX annulment.
Exporters under the EU GSP REX self certification system must submit fortnightly statements of Statements on Origin and respond to EU verification requests within prescribed time limits or face annulment of their REX number. A Statement on Origin can be issued retrospectively from the date of the registration application once the REX number is allotted, but cannot be issued before the REX number exists in the EU system.
Amendments in the Appendix 3B, Table 2 of the Merchandise Exports from India Scheme (MEIS)
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HS code harmonisation: MEIS Appendix amended to reclassify mobile phone headings, aligning export classification under updated HS entries.
Amendment revises Appendix 3B Table 2 of the MEIS to reallocate specified ITC HS 2017 codes and descriptions to new mobile phone headings, aligning the MEIS tariff entries with updated HS notifications and applying prospectively to exports from the stated effective date.
Amendment in Appendix 2E (List of agencies authorized to issue Certificate of Origin-Non Preferential) regarding incorporation of name of M/s. Visvesvaraya Trade Promotion Centre and its branches.
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Certificate of Origin authorization added - Visvesvaraya Trade Promotion Centre and branches now authorized to issue non preferential certificates.
The Directorate General of Foreign Trade has added Visvesvaraya Trade Promotion Centre and its two branches to S.No. 9 (Karnataka) of Appendix 2E of the Foreign Trade Policy, 2015 2020, authorising that agency to issue Certificate of Origin Non Preferential; the amendment is made under paragraph 2.04 and continues earlier administrative recognition referenced in Public Notice No.11/2009 2014 dated 07.05.2013.
Extension of validity of Pre-shipment Inspection Agencies (PSIAs).
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Extension of validity for Pre-shipment Inspection Agencies: recognitions expiring by March extended to end of month.
The Director General extends recognition validity for Pre-shipment Inspection Agencies listed in Appendix 2G of the Aayat Niryat Forms whose three-year tenure would expire on or before 30.3.2020, by continuing their recognition up to 31.3.2020, invoking powers under the Foreign Trade Policy and relaxing the relevant Handbook of Procedure provision.

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