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Circulars
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Storing of Import and Export Cargo at erstwhile Basra Mazdoor line, Circular Garden Reach Road, Kolkata
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Customs area designation enables expanded storage and appoints custodian for import and export cargo operations.
Notification declares an additional area adjoining N.S. Dock as a Customs Area under Section 8 of the Customs Act, 1962 for storage and container handling of import and export cargo, and appoints Kolkata Port Trust as custodian of goods stored therein under Section 45 of the Customs Act, 1962.
Booking of Forward Contracts Based on Past Performance
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Booking of forward contracts on past performance allowed with enhanced limits subject to CA certification and monthly reporting.
Authorised Dealer banks may permit importers/exporters to book forward contracts on past performance up to the eligible turnover limit and may enhance outstanding limits to full eligibility where satisfied of genuine need. Enhanced permissions require a Chartered Accountant certificate of compliance and a certified three year turnover statement. Exporters must keep overdue bills within the prescribed small proportion of turnover and contracts beyond a specified portion of the limit must be delivered. AD banks must submit monthly reports on limits granted and utilised to the central office by the tenth of the following month.
Export of Goods and Services Period of Realisation for Export Oriented Units (EOUs)
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Extension of realisation period for export oriented units permits longer time for repatriation of export proceeds.
100 per cent Export Oriented Units (EOUs) and units under the Electronics Hardware Technology Parks (EHTPs), Software Technology Parks (STPs) and Bio-Technology Parks (BTPs) schemes are permitted to realise and repatriate the full value of export proceeds within an extended period of twelve months from the date of export; the relaxation applies to exports made on or after September 1, 2004, and existing guidelines on crediting foreign exchange earnings to EEFC accounts remain unchanged.
Trade Credits for Imports into India-Issue of Guarantees Delegation of Powers
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Guarantee issuance for import trade credits permitted to authorised banks under prudential guidelines with mandatory quarterly reporting.
Authorised Dealer banks are permitted to issue Guarantees, Letters of Undertaking and Letters of Comfort in favour of overseas suppliers, banks or financial institutions for trade credits for imports; tenors must be co-terminus with the credit term and issuance is subject to Reserve Bank prudential guidelines, with consolidated quarterly reporting of such instruments to the Foreign Exchange Department, ECB Division of the Reserve Bank.
Corporate Governance in listed Companies – Clause 49 of the Listing Agreement
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Corporate governance standards require listed companies to adopt revised board, audit and disclosure rules with mandated compliance reporting.
The revised Clause 49 mandates corporate governance standards for listed companies, including board composition with defined independent directors and minimum non-executive representation; an empowered, predominantly independent Audit Committee with specified expertise, powers and duties; detailed disclosure requirements covering related party transactions, accounting treatment departures, risk management and director remuneration; subsidiary oversight obligations; CEO/CFO certification of financial statements and internal controls; and mandatory quarterly compliance reporting and an annual corporate governance section with an external compliance certificate.
Warehousing – Waiver of interest on the Customs duty - Delegation of powers to Chief Commissioners of Customs & Central Excise – regarding
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Waiver of interest on customs duty: powers delegated to Chief Commissioners and scope expanded to specified import categories.
Chief Commissioners of Customs & Central Excise are empowered to grant waiver of interest charged on customs duty for warehoused goods under the Customs Act, and the Board has expanded the categories eligible for waiver consideration to include imports under the EPCG Scheme and import of capital goods by Public Sector Undertakings; field formations must consider waiver requests under the Board's guidelines and applicable rules and circulate the circular widely.
Comprehensive guidelines for Investor Protection Fund/Customer Protection Fund at Stock Exchanges
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Investor Protection Fund guidelines set uniform governance, funding, claims process and minimum compensation limits for investor claims.
Comprehensive guidelines standardize constitution, governance and operation of the Investor Protection Fund/Customer Protection Fund (IPF/CPF) at stock exchanges. The IPF/CPF must be administered by a Trust with specified representation, segregated assets and exchange secretariat support. Funding sources are prescribed, exchanges must invite claims within a minimum notice period and determine legitimacy via arbitration or Defaulters Committee, excluding broker/associate and speculative claims. Exchanges set compensation limits with minimum floors and periodic review; the IPF/CPF Trust disburses compensation up to the single-claim maximum as claims crystallise and auction realisations are credited to the fund after satisfying claims.
Application Fee for applications filed Electronically
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Electronic filing fee reduction: application fees reduced for digitally signed submissions; ECOM password system phased out.
The notice amends the Handbook of Procedures to provide that the application fee for all applications filed electronically will be 50% of the amount specified in the Appendix table, and defines "electronically" to mean "digitally signed & submitted through" the DGFT website (online/offline). It also states that the ECOM password based system will end on 31st December, 2004, linking fee reduction eligibility to authenticated digital submissions and setting a deadline for the legacy system's discontinuation.
Importability of Boric Acid. - regarding
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Classification as insecticide requires registration under the Insecticides Act for imports, unless certified non insecticidal end use.
Boric acid intended for insecticidal use is to be classified and treated as an insecticide for customs purposes and importers must register under the Insecticides Act; imports for identified non insecticidal uses may be exempted from registration on production of an end use certificate from the concerned administrative Ministry/Department. Trader imports with unverifiable end use must be treated as insecticidal and require registration with the Central Insecticides Board and Registration Committee. Pending assessments should be finalised accordingly and past final assessments need not be reopened.
Mandatory admission of debt instruments on both the Depositories
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Mandatory admission of debt instruments on both depositories strengthens investor protection and requires issuers to comply.
Mandatory admission of issuer debt instruments on both depositories is required to ensure centralised dematerialised holding and improved investor protection. Issuers remain non compliant and stock exchanges and depositories are instructed to notify and secure compliance. The directive is issued under Section 11(1) of the Securities and Exchange Board of India Act, 1992, directing coordinated action by exchanges, depositories and custodians to implement the admission requirement.
SEBI (Central Database of Market Participants) Regulations, 2003
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Unique identification requirement for specified investors mandates UIN allotment and biometric enrollment before permitted market participation.
SEBI requires specified investors to obtain a Unique Identification Number (UIN) from the Designated Service Provider (NSDL) by the prescribed deadline; natural person applicants must submit electronic biometric impressions and a photograph and must furnish true information. Specified investors without a UIN are prohibited from transacting in listed securities or units of collective investment schemes after the effective date, and must notify any changes in particulars to the MAPIN database within thirty days. Contraventions attract measures under the Regulations.
Exim Bank's Line of Credit of USD 10 million to Eastern and Southern African Trade and Development Bank (PTA Bank)
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Line of Credit for export finance to PTA member markets with specified documentation and limited agency commission rules.
A Line of Credit from Exim Bank to PTA Bank finances eligible Indian exports to sixteen PTA member countries, covering capital goods, machinery, industrial manufactures and consumer durables. The circular sets deadlines for opening letters of credit and final disbursement, requires shipment declarations on GR/SDF forms, and prescribes commission rules: ordinarily no agency commission; exceptional approval may allow commission up to five percent for after sales service, payable in the borrower country by deduction from invoice, with reimbursement to negotiating banks equal to ninety percent of invoice value minus commission; prior approval is required.
Exim Bank's Line of Credit of USD 15 million to Government of Ghana
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Line of credit to finance eligible exports to Ghana; banks must ensure shipment declarations and note commission restriction.
A Line of Credit from Exim Bank to the Government of Ghana finances export of capital goods, machinery, industrial manufactures, consumer durables and other items eligible under India's Foreign Trade Policy. The agreement is effective as specified in the circular, with prescribed last dates for opening letters of credit and disbursement. Shipments must be declared on GR/SDF forms. No agency commission is payable under the LOC; exporters must use their own funds if commission is required. Authorised Dealer banks must notify exporters and advise them to obtain full details from Exim Bank. The direction is issued under FEMA.
Unique Client Code for Mutual Funds and FIIs
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Unique client code requirement: mutual funds and FIIs must use parent code at order entry with post close allocations.
Mandate requiring Mutual Funds and Foreign Institutional Investors to enter the parent unique client code at order entry and perform allocation to individual mutual fund schemes and FII sub accounts in the post closing session. Stock exchanges must implement mechanisms to enable such post closing allocations, amend bye laws and rules as necessary, notify member brokers/clearing members, disseminate the circular, and report implementation status in the monthly development report under the regulator's statutory powers.
Amendment in the Handbook of Procedures (Vol.I)
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Application requirement for supplier to claim export benefits; recipient may claim with supplier disclaimer and non availment of CENVAT.
The amendment requires a supplier to apply using Appendix-12B to the Regional Licensing Authority with prescribed documents, and allows a recipient to claim benefits on production of a supplier disclaimer plus confirmation of non availment of CENVAT credit from the Jurisdictional Excise Authority alongside the prescribed documents.
Clearance of imported metal scraps–Procedure regarding
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Pre-shipment inspection certificate format updated; removal of metal scrap containers allowed only after pre-deposit of customs duty.
Pre-shipment inspection certificates for imported metal scrap in unshredded, compressed or loose form must conform to Annexure-1 to Appendix-28 and be issued by agencies listed in Appendix-28 of the Handbook of Procedures (Vol. I). Manufacturer-importers whose consignments landed on or before 25.10.2004 may remove containers to their premises only for examination, provided Customs duty is pre-deposited before removal. Trade must be notified by Public Notice.
Deemed export benefits on supplies made to Projects financed by multilateral or bilateral agencies / funds covered under Para 8.2 (d) of Foreign Trade Policy other than World Bank and Asian Development Bank
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Deemed export benefits clarified: DEA notified project supplies qualify for advance licence and drawback but face excise limits.
Supplies to projects financed by agencies/funds notified by the Department of Economic Affairs and listed in Appendix 33 qualify for deemed export benefits consisting of advance licences for deemed exports and deemed export drawback. Such supplies do not receive excise duty exemption under the excise notification cited in the policy. Refund of terminal excise duty is available only where the supplies are to DEA-notified agencies covered by the handbook appendix and Additional Customs Duty (CVD) on import of the goods is zero. Other procedural conditions for deemed export benefits continue to apply.
Exim Bank's Line of Credit of USD 16 million to Government of Suriname
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Line of credit to foreign government permits specified project and eligible exports under export policy, subject to FEMA directions.
Exim Bank made a Line of Credit available to the Government of Suriname with a designated portion for an electrical transmission line by specified Indian firms and the balance for other exports under the Foreign Trade Policy; letters of credit and disbursement deadlines apply, shipments must be declared on GR/SDF forms, no agency commission is payable from the credit, authorised dealers must notify exporters and obtain full LOC details from Exim Bank, and the direction is issued under FEMA without prejudice to other statutory permissions.
Foreign Exchange Management Act (FEMA), 1999 – Current Account Transactions – Remittance of Hiring Charges of Transponders – Procedural Changes
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Ministry approval required for transponder hiring remittances; banks may process payments after receiving ministry clearance.
Remittance of hiring charges for transponders by television channels and internet service providers requires prior approval of the respective government ministries; Authorised Dealer banks may effect such remittances on receipt of the required ministry approval without reference to the central bank, and Schedule II is amended to record these approvals as the precondition.
Amendments in the Handbook of Procedures (Vol. I) & Public Notice No. 16 dated 15.10.2004
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Pre-shipment inspection certificate requirement for metallic scrap ensures non-explosive content and proper classification upon import.
Amendment requires a pre-shipment inspection certificate in the Annexure I format from an Appendix-28 agency confirming consignments of unshredded, compressed or loose metallic waste and scrap do not contain arms, ammunition, explosive or radioactive materials, and that the imported items meet internationally accepted parameters for classification, with stated country of origin, description, quantity, value, tests carried out, and a signed declaration of accuracy.

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