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    December 30, 2010
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    Export contract registration updated: online submission, pro rata allocation, document deposit requirement and debarment for noncompliance.
    DGFT requires online-only submission to a designated email within a specified window, allocates available cotton export quantity on a pro rata basis with per IEC ceiling and floor, reduces future allocations for prior under shippers, and mandates deposit of contracts and prescribed bank evidence within a short time to obtain Registration Certificates; non submission or failure to export within the stipulated period leads to ineligibility, forfeiture of allocation rights, debarment and penal action under the Foreign Trade (Development & Regulation) Act.
    December 27, 2010
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    External commercial borrowings access permits corporates to raise foreign loans; RBI reports November issuances via automatic and approval routes.
    Reserve Bank data reports aggregate issuances of External Commercial Borrowings (ECBs) for the month across both the automatic and approval routes. Corporates registered under the Companies Act may access ECBs under the automatic route subject to an annual cap and prescribed end use conditions; transactions not covered by the automatic route are considered under the approval route on a case by case basis. The release itemises borrower-level ECBs by purpose and maturity and notes items for which RBI sought clarifications on end use and eligibility.
    December 22, 2010
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    Tax treatment of software: central excise and customs exemptions withdrawn, new service tax conditions prevent overlap.
    Imports of packaged or canned software are no longer exempt from customs duty. Manufacturing, production or development of software is no longer exempt from central excise and is subject to MRP valuation under section 4A. A consolidated service tax notification introduces conditions to prevent overlap between service tax and excise and between service tax and customs, and prior service tax notifications granting overlapping relief have been withdrawn.
    December 20, 2010
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    Authorized Economic Operator status offers streamlined customs procedures and reduced inspections to certified supply chain participants.
    The CBEC draft establishes an Authorized Economic Operator programme aligned with the WCO SAFE Framework to certify importers, exporters and other supply chain participants as meeting supply chain security and customs compliance standards; certified entities receive a quality mark and facilitative measures such as favourable treatment in customs proceedings, reduced examination through lower risk scores, and simplified clearance procedures, with stakeholder consultation and pilot implementation planned prior to full roll out.
    December 17, 2010
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    Economic outlook and inflation expectations signal recovery with implications for public finances and external trade dynamics.
    The Bulletin presents five analytical pieces: an Industrial Outlook Survey showing manufacturing recovery with higher production, new orders, employment and profit optimism; a Households Inflation Expectations Survey indicating rising near term inflation expectations driven by food prices; a Working Group Report proposing a revised Balance of Payments Manual aligned with international best practices; a Central Government Finances review reporting lower key deficit indicators supported by higher revenues and moderated expenditure; and a merchandise trade review documenting a broad rebound in exports and imports across commodity groups and partners.
    December 16, 2010
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    Special Economic Zone policy allows full foreign direct investment through automatic route to promote exports and investment.
    The policy seeks US$200 billion merchandise exports in 2010-11 via fiscal incentives, procedural reform, market diversification and infrastructure improvement; the Foreign Trade Policy 2009-14 supports full refunds of indirect taxes and targeted schemes to diversify markets. The Special Economic Zones regime aims to promote exports, attract investment, create employment and develop infrastructure; statistics record approvals, notified zones, aggregate SEZ exports for the period, total investment to date, and the explicit allowance of full foreign direct investment through the automatic route. India adopts a cautious, selective engagement with RTAs/FTAs to expand export markets.
    December 15, 2010
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    Tariff value notification establishes customs benchmark values for edible oils, brass scrap and poppy seeds for import valuation.
    The customs notification publishes authoritative tariff values in US dollars per metric tonne for specified imported commodities to serve as benchmarks for customs valuation. It lists edible oils (crude palm oil, RBD palm oil, palmolein, crude soyabean oil) with values retained as unchanged, and separately specifies values for brass scrap (all grades) and poppy seeds, providing the reference figures to be used by importers and customs officials for assessment and clearance until further notification.
    December 15, 2010
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    Indirect tax collections rise significantly, improving achievement against annual revenue targets for the fiscal period.
    Total provisional indirect tax receipts for April-November 2010 rose to Rs.2,07,756 crore, a 42.3% increase over the prior year, representing 66.3% of the annual target of Rs.3,13,471 crore. Customs receipts were Rs.86,844 crore (67% increase, 75.5% of target), central excise Rs.81,984 crore (34.4% increase, 62.8% of target), and service tax Rs.38,927 crore (18.2% increase, 57.2% of target).
    December 14, 2010
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    Minimum public float requirement welcomed by foreign investors as enhancing transparency and attracting investment if reforms follow.
    Low awareness of the consolidated FDI policy and limited government outreach were highlighted, alongside pervasive infrastructure bottlenecks (power, roads, water) and state level procedural delays that impede foreign investors. Respondents noted strong market and manufacturing potential and indicated that shifts in China could redirect FDI to India, provided infrastructure and procedural reforms are implemented. The minimum public float requirement was welcomed as a measure likely to enhance public participation, accountability and transparency, improving the investment climate.
    December 10, 2010
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    International trade growth drives expanded bilateral trade partnerships and rising exports despite narrowing surplus this year.
    China's merchandise trade surged in the first eleven months with strong year-on-year export and import growth; imports rose faster than exports in the latest month, reducing the trade surplus, while the EU, the United States, and Japan remained the principal bilateral partners according to customs data.
    December 10, 2010
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    Export market growth imperative: expanding exports supports jobs and taps global customers for US manufacturers.
    Export market expansion is presented as an essential economic strategy to stimulate employment and sustain manufacturing demand by linking increased export orders to job support and emphasizing that most prospective customers and fastest growing markets lie outside national borders, making export promotion a direct mechanism for job creation and economic growth through coordinated efforts to open new markets for domestically produced goods.
    December 7, 2010
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    Price discovery in commodity futures aids planning and proposed options will protect producers' downside while preserving upside.
    Futures trading in specified essential commodities is permitted to perform price discovery and price risk management, complementing the spot market and aiding policy responses to anticipated shortages or surpluses. Options trading is currently prohibited under the existing forward contract regulatory regime but proposed amendments would permit options, which grant producers the right without obligation to sell at an agreed price by paying a premium, protecting downside while preserving upside, unlike futures which create an obligation to sell at the agreed price.
    December 3, 2010
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    External Commercial Borrowings reporting shows route specific inflows and end use classifications affecting compliance and registration requirements.
    Monthly data on External Commercial Borrowings and Foreign Currency Convertible Bonds for October 2010 itemises Automatic Route and Approval Route transactions by borrower, equivalent USD amounts, stated end uses (notably import of capital goods, modernisation, rupee expenditure on local capital goods and new projects) and approximate maturities; the Automatic Route total, Approval Route total and a Grand Total are published, with certain entries subject to clarification on end use conformity, borrower eligibility and reliance on Form 83 for Loan Registration Numbers.
    December 3, 2010
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    Duty Free Tariff Preference expands market access, boosting potential for increased bilateral trade and investment ties.
    The release stresses that India-Ethiopia trade rose substantially with Indian exports predominating, and that the Duty Free Tariff Preference Scheme-providing duty free access on most tariff lines and Margins of Preference on others-creates market access to expand Ethiopian exports. It identifies priority sectors for trade and joint ventures (agriculture and agro processing, floriculture, textiles, leather, IT, pharmaceuticals) and notes significant Indian approved investment focused largely on commercial agriculture, positioning investment alongside tariff preferences as drivers of further bilateral economic engagement.
    December 1, 2010
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    External commercial borrowings reporting shows route-wise inflows, borrower purposes and maturities for September 2010 in official release
    External Commercial Borrowings and Foreign Currency Convertible Bonds data for September 2010 are published route-wise (Automatic and Approval), listing borrowers, equivalent USD amounts, stated end-uses (for example import of capital goods, rupee expenditure on local capital goods, modernisation, power, new projects, overseas acquisition), approximate maturities, route totals and a Grand Total. The Automatic Route entries note reliance on Form 83 for Loan Registration Number allotment and identify cases where clarifications were sought on end-use conformity and borrower eligibility.
    December 1, 2010
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    Capital requirement of public sector banks: government to boost Tier I capital and adjust stake to enable future market funding.
    The government approved fresh infusion into public sector banks' Tier I Capital to achieve a targeted CRAR, with the exact amount, instruments, and terms to be decided in consultation with banks; the exercise also contemplates raising government shareholdings in specific banks to enable future market based capital raises without sole government reliance.
    December 1, 2010
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    Free Trade Agreements provide tariff concessions but do not alter import prohibitions or licensing under the Foreign Trade Policy.
    Free Trade Agreements operate solely to provide tariff concessions and preferential access; they do not modify the statutory import policy. Determinations about whether goods are prohibited, require prior permission, or are freely importable are made under the Foreign Trade Policy, and FTAs cannot override import prohibitions or licensing requirements.
    November 27, 2010
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    Market-determined exchange rate: RBI manages volatility without fixed targets, exporters advised to use available hedging tools.
    The authority operates a market-determined exchange rate regime with intervention limited to managing excessive volatility and no fixed targets or pre-announced bands; recent rupee movements are linked to capital flow moderation and a stronger US dollar. Exporter requests for a fixed exchange rate, interest on EEFC balances and concessional rupee export credit were received, but the authority highlighted the availability of OTC and exchange-traded hedging instruments-forwards, options, swaps and futures-to manage foreign exchange risk.
    November 24, 2010
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    Electronic clearance for express cargo pilot launched; access via designated online portal and on-site service centre for users.
    A pilot electronic clearance mechanism for express cargo is operational at the New Courier Terminal (NCT), IGI Airport, New Delhi from 28 October 2010, accessible to bona fide users via a specified online portal or the on-site service centre, with designated customs and vendor contacts available for support.
    November 21, 2010
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    SEZ land contiguity requests paused as tax-evasion concerns delay approval for infrastructure through non-processing areas.
    Requests to relax SEZ land contiguity rules for Vedanta Group and Raheja Developers were placed on hold after Revenue Department representatives raised tax evasion concerns about permitting a railway track through non processing areas to transport coal to an adjacent group power plant, preserving further procedural review of infrastructure exceptions and affiliated energy supply arrangements.

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      Customs, DGFT & SEZ

      FICCI FDI SURVEY 2010

      December 14, 2010

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      RESULTS SHOW Low awareness about policy consolidation; Infrastructure remains a key bottleneck for smooth operations; Developments in China could result in some additional FDI flows to India; Proposal of minimum public float of 25% is welcome

      New Delhi, December 11, 2010. Results of FICCI FDI Survey 2010 show that nearly 50 percent of the respondents, which are companies who have already invested in India, were not aware of the consolidated FDI policy document that was brought out by the government earlier this year in March 2010. Further, nearly 70 percent of the surveyed firms have rated efforts made by government for providing standardized investment information and proactive marketing of India to attract FDI as just about 'average'. These responses from such a large proportion of investors are a clear pointer and suggest that outreach activities of the government need to be stepped up to connect foreign investors with policy consolidation and reforms taking place in the country.

      The FICCI FDI Survey 2010 further shows that the state of infrastructure facilities in the country stood out as a major bottleneck in way of smooth operations of foreign firms. While 86 percent of the respondents have expressed dissatisfaction with regard to quality and quantity of power made available to them, about 75 percent have rated the quality of roads and highways in the country as 'bad'. 68 percent have complained about availability of water for their operations.

      Similarly, a very high proportions of firms have pointed out 'procedural delays' at the ground level as a major problem area and accordingly highlighted the need for carrying out 'procedural reforms at the state level' so that the ease of doing business can be enhanced.

      On a positive note, India's large and growing domestic market has emerged as the prime motivating factor for foreign investors to come and set a base here. 87 percent of the survey respondents have rated growth rate of the Indian market as 'high'. The primary advantage of a large and growing market is the capacity to achieve economies of scale and foreign direct investors are using this advantage to develop India as an export base. On being asked whether, given the global shift taking place in manufacturing activity from high cost western destinations to low cost emerging market destinations, India can emerge as a major manufacturing hub, a whopping 88 percent replied in the affirmative.

      Foreign investors were also asked if the recent developments that have taken place in China - a series of strikes affecting operation of select MNCs, subsequent wage hikes, expectation about appreciation of the Yuan and efforts to recalibrate growth strategy away from exports towards domestic demand - could lessen its attractiveness as an investment destination. Nearly half of the surveyed companies felt that these developments would have a bearing on China's attractiveness as an investment destination and nearly three fourths (75 percent) said that some of the additional investment flows could flow into India. It was however added that India will have to prepare itself for such inflows. And this will happen only if the infrastructure bottlenecks are taken care of and procedural reforms are undertaken at the state level.

      Finally, foreign direct investors have also welcomed some recent policy announcements such as the minimum public float notification which requires all listed companies in India to have a minimum public float of 25 percent. The majority view is that this is a positive step and would lead to greater public participation. It would result in greater accountability and transparency and thus help in creating a positive business environment along with higher investment potential.

      Findings of FICCI FDI Survey 2010 are based on responses received from a total of 108 companies.

      The companies that participated in the survey represent sectors like auto and auto components, electrical equipment and machinery, metal and metal products, chemicals and related products, electronic equipment, banking, finance, IT, telecom and other services. The turnover of the companies that participated in the survey varies from less that USD 1 million to over US$ 500 million. In terms of country of origin of FDI, the surveyed firms represent countries like France, Belgium, Japan, Netherlands, Switzerland, USA, Germany, South Korea, Singapore, Ireland, Finland, Hong Kong and Italy. In terms of years of operation in India, the surveyed firms again represent a good mix of relatively new entrants and long term players. While 35 percent of the surveyed firms have been in the India market for less than 5 years, about 20 percent of the firms have been operating in India for over 20 years.

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