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Request clarification on export.

Vishal Shrivastava

There is a manufacturer in India who entered into agreement with a Guinean company to export machinery from India to Guinea. As part of the agreement, the payment has to be made at certain times by the Guinean company. However, an issue has arisen where the manufacturer has recieved the money in total, but the export has not happened due to ongoing geopolitcal crises. Please let me know if he is in breach of any Indian law due to the ongoing situation, and what advise can be given.

The manufacturer advised that he has to submit data on Export Data Processing and Monitoring System (EDPMS).

Export payment without shipment raises FEMA compliance concerns where geopolitical disruption delays execution and EDPMS reporting remains pending. Receipt of full export payment before shipment of machinery to Guinea creates a foreign exchange compliance issue where export has not taken place due to geopolitical disruption. The central concern is whether non-completion of the export may amount to breach of export-related obligations under FEMA and how the pending transaction should be reflected in Export Data Processing and Monitoring System reporting for an unexecuted export. (AI Summary)
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