AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
GENERAL PROVISIONS REGARDING EXPORTS AND IMPORTS
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....A). (b) Applicants may ensure while submitting documents that documents are either in English or Hindi. Documents in regional languages may be got translated into English or Hindi and the translated copy may be self-certified and submitted along with the Original copy. 2.04 Territorial Jurisdiction of RA Territorial jurisdiction of RAs is given in Appendix 1A of Appendices and Aayat Niryat Forms. The address of applicant determines the jurisdiction of RA. Each application, unless otherwise specified, shall be submitted to jurisdictional RA . 2.05 Incomplete Application (a) An incomplete or unauthorised application is liable to be rejected by the competent authority with specific reason for rejection. Such incomplete application may be re-opened on rectifying the deficiencies. (b) If the deficiencies are not rectified by the applicant within a period of 90 days, the application will be deemed to have been withdrawn. 2.06 Application Fee The scale of fee, mode of payment, procedure for refund of fee and categories of persons exempted from payment of fee are provided for in Appendix-2K. Importer Exporter Code (IEC): 2.07 IEC Number Exemp....
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....ersons importing/exporting goods from /to Nepal 7 IIEGM0170E Persons importing / exporting goods from / to Myanmar through Indo-Myanmar border areas 8 IFFIE0188E Ford Foundation. 9 ATAEF1096E Importers importing goods for display or use in fairs/ exhibitions or similar events under provisions of ATA carnet. This IEC number can also be used by importers importing for exhibitions/fairs as per Paragraph 2.63 of Handbook of Procedures 10 IDNBG1100E Director, National Blood Group 11 ICIRN1126E Individuals /Charitable Institution /Registered NGOs importing goods, which have been exempted from Customs duty under Notification issued by Ministry of Finance for bonafide use by victims affected by natural calamity. 12 IIEGC1134E Persons importing/exporting permissible goods as notified from time to time, from /to China through Gunji, Namgaya Shipkila and Nathula ports, subject to value ceilings of single consignment as given in Paragraph 2.07 (iv) above. 13 NCIEE1169E Non-commercial imports and exports by entities who have been authorised by Reserve Bank of India. ^10[2.08 Application for IEC (a) Exporters / Importers ....
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....EC and electronically transmit it to DGFT and Customs authorities. ^11[2.14 Modification/Cancellation of IEC (a) Modifications in IECs / e-IEC's can be done online only. Applicants seeking modification in their IECs / e-IEC's may log on to dgft.nic.in and click on Importer Exporter Code (IEC) under Quick Links and select "Modify your IEC" to amend their e-lECs and IECs in physical format with applicable fees and requisite documents. Applicant shall upload relevant document/s to substantiate the changes sought to be made, besides uploading the signed copy of the modification application. The modification application has to be signed by Proprietor/ Managing Partner/ Designated Partner /Director / Company Secretary in case of companies or Chief Executive of the Society/ Managing Trustee / Karta as the case may be, before uploading/submitting the online application. However, request for (i) Cancellation of existing numeric IEC and (ii) PAN change in existing numeric IECs has to be made to the concerned jurisdictional Regional Authority. Once RAs have changed the PAN and the change is reflected on central server, such applicant can seek further modifications on....
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....ity, by claiming status as manufacturer exporter, have to prove its credence for the same independently to that authority. Issue of Authorisation: 2.16 Validity period of Authorisation/ Licence / Certificate / Authorisation / Permissions / CCPs (a) Validity period of Import / Export Authorisations from the date of issue shall be as follows, unless specified otherwise: Sr.No Type of Authorisation Validity Period (i) Export Authorisation for restricted (Non SCOMET) goods ^24[24 Months] (ii) Export Authorisation for SCOMET items 24 months (iii) Import Authorisations for restricted items and CCP 18 months (iv) EPCG Authorisation 18 months (v) Advance Authorisations (AA) for Deemed Export Coterminous with contracted duration of project execution or 12 months, whichever is more. (vi) AA {except (v) above}, DFIA, Replenishment Authorisation for Gems & Jewellery as per Chapter 4 of FTP. 12 months from issue date. However, EXIM Facilitation Committee (EFC) (for non-SCOMET items) and Inter Ministerial Working Group (IMWG) (for SCOMET items) may approve the grant of Export Authorisation for a shorter / lon....
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....om the date of issue/amendment; (ii) If Authorisation/Scrip rejected by Customs server with error Code; (iii) If request for issue of waiver of Bond/EODC was not considered within the period specified under Para 9.10 of HBP, 2015-2020 where complete application was submitted within the validity of the Authorisation. In such cases, revalidation shall be allowed from the date of endorsement for the period of delay or six months, whichever is less. For example: Authorisation is issued having initial validity of 12 months on 01.04.2017. It was transmitted to Customs server on 01.04.2017 by DGFT server but it is accepted by Customs server on 31.10.2017. So the Authorisation holder loses 7 months (still 5 months validity is left). In such a case, RA shall allow revalidation for a period of 6 months (validity of 5 months is subsumed) from the date of endorsement. The applicant shall submit request for endorsement of Authorisation/Scrip along with screen shot of DGFT server as well as Customs Server in support of his claim. RA shall verify the same before revalidation is allowed. However, request must be made to RA concerned within a month from ....
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....6 and 2.27 shall be applicable for cases covered under both Paragraph 2.23 and 2.24 Bank Guarantee /LUT: 2.29 Execution of BG/Legal undertaking for Advance Authorisation/ EPCG Authorisation (a) Before clearance of goods through Customs, Authorisation holder shall execute a BG/LUT with Customs Authorities. In such cases, RA shall endorse the following condition on the licence/ Authorisation: "BG / LUT as applicable, to be executed with concerned Customs Authorities. (b) In case of indigenous sourcing, Authorisation holder shall furnish BG/ LUT to RA as per Customs Circular No.58/2004 dated 31.10.04, as amended from time to time. In case, the firm has already executed BG/LUT for the full value of the licence/ certificate/ authorisation/ permission (covering the items indigenously procured) to the Customs and furnishes proof of the same to Regional Authority (RA), no BG/LUT shall be required to be executed with the RA. The RA concerned shall endorse on the authorisation that the Customs Authority shall release/redeem BG/LUT only after receipt of NOC or EODC from the RA concerned. RA shall endorse a copy of the same along with a forwarding letter to the Customs ....
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.... (iv) Self-declaration by exporter to effect that he would indemnify Government for financial loss if any on account of duty credit issued against lost Shipping Bills. Customs Authority, before allowing clearance, shall ensure that benefit / duty credit against such shipping bill has not been availed. 2.34 Claims against lost copy of shipping bill Claim against lost Shipping Bill shall be preferred within a period of six months from date of release of duplicate copy of Shipping Bill. Any application received thereafter shall be rejected. 2.35 Submission of Certified Copies of Documents Wherever original documents have been submitted to a different RA/nominated agencies or to a different division of same RA, applicant can furnish photocopy of documents duly certified by him in lieu of original. Warehousing Facility: 2.36 Warehousing Facility (a) Public / Private Customs Bonded Warehouses may be set up in DTA as per Chapter-IX of Customs Act, 1962, to import items in terms of Paragraph 2.36 of FTP. On receipt of goods, such warehouses shall keep these goods for one year without payment of applicable customs duties. Goods can be cleared against Bill of Entr....
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....ted States of America (USA) is subject to US Export Control Regulations. US suppliers of such items are required to obtain an export authorisation based on import certificate issued in India. The following are designated Import Certificate Issuing Authorities (ICIA): (i) Department of Electronics (DoE), for computer and computer based systems (ii) Department of Industrial Policy and Promotion (DIPP), Technical Support Wing (TSW), for organised sector units registered under it, except for computers and computer based systems; (iii) Ministry of Defence (MoD), for defence related items; (iv) DGFT for small scale industries and entities not covered above as well as on behalf of any of the above; (v) Embassy of India, Washington, DC, on behalf of any of the above. (b) Application for an import certificate shall be made in ANF 2K(i). Import certificate in Appendix-2P(Ia) may be issued by ICIA directly to importer with a copy to (i) Ministry of External Affairs (MEA) (AMS Section), New Delhi, (ii) DoE, New Delhi; and (iii) DGFT. (c) However, this import certificate will not be regarded as a substitute for an import au....
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....oods or parts thereof on being imported and found defective or otherwise unfit for use or which have been damaged after import, may be exported without an Authorisation, and goods in replacement thereof may be supplied free of charge by foreign suppliers or imported against a marine insurance or marine-cum-erection insurance claim settled by an insurance company. Such goods shall be allowed clearance by the customs authorities without an import Authorisation provided that: (a) Shipment of replacement goods is made within 24 months from date of clearance of previously imported goods through Customs or within guarantee period in case of machines or parts thereof where such period is more than 24 months; and (b) No remittance shall be allowed except for payment of insurance and freight charges where replacement of goods by foreign suppliers is subject to payment of insurance and / or freight by importer and documentary evidence to this effect is produced while making remittance. 2.44 Other Conditions for Import of Replacement Goods (a) In case of short-shipment, short-landing or loss in transit, import of replacement goods will be permitted based on certi....
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....ll be allowed to give Installation Certificate issued by an independent Chartered Engineer. (B) Agro-Chemicals Sector : (i) Duty free imports of goods as specified in list 28A of Customs notification No. 21/2012 dated 17.3.2012, upto 1% of FOB value of exports made during preceding licensing year, shall be allowed to agro chemicals sector unit having export turnover of Rs. 20 crore or above during preceding licensing year. (ii) The eligible unit shall apply in form given in Appendix-8B to RA concerned duly countersigned by Chartered Accountant. (iii) In respect of duty free import of R&D equipment, units not registered with jurisdictional Customs authority shall be allowed to give Installation Certificate issued by an independent Chartered Engineer. 2.48 Import under Govt. to Govt. Agreements Import of goods under Government to Government agreements may be allowed without an Authorisation or CCP on production of necessary evidence to satisfaction of Customs authorities. 2.49 Transfer of Imported Goods (a) Cases where prior permission is required: Transfer of imported goods which are subject to Actual User condition and have become ....
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....Receipt (TR) / Demand Draft shall be submitted to RA concerned and self-attested copy of same shall be submitted to DGFT in duplicate along with proof of submission of application to concerned RA. 2.51 EXIM Facilitation Committee (a) Restricted item Authorisation may be granted by DGFT or any other RA authorised by him in this behalf. DGFT / RA may take assistance and advice of a Facilitation Committee while granting authorisation. The Assistance of technical authorities may also be taken by seeking their comments in writing. Facilitation Committee will consist of representatives of Technical Authorities and Departments / Ministries concerned. (b) Import authorisations for a restricted item, if so directed by the competent authority, shall be issued for import through one of the sea ports or air ports or ICDs or LCS, as per the option indicated, in writing, by the applicant. Authorisation holder shall register the import authorisation at the port specified in the Authorisation and thereafter all imports against said authorisation shall be made only through that port, unless the authorisation holder obtains permission from customs authority concerned to....
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....der paragraphs 2.52 (a) and 2.52 (b) may be made in ANF 2 M to DGFT through Director of Tourism, Government of India who will forward application to RA concerned along with their recommendations. 2.53 Import of Restricted items for R&D by units of Government All restricted items and items permitted to be imported by STEs, except live animals, required for R&D purpose may be imported without an Authorisation by Government recognized Research and Development units. 2.54 Import of Metallic Waste and Scrap Import of any form of metallic waste, scrap will be subject to the condition that it will not contain hazardous, toxic waste, radioactive contaminated waste / scrap containing radioactive material, any type of arms, ammunition, mines, shells, live or used cartridge or any other explosive material in any form either used or otherwise. (a) Import of following types of metallic waste and scrap will be free subject to conditions detailed below: Sl. Exim Code Item description 1. 720410 00 Waste and scrap of cast iron 2. 72042190 Other 3. 72042920 Of High speed steel 4. 72042990 Other 5. 72043000 Waste and scrap of tinned....
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....ernationally accepted parameters for such a classification. (iii) Copy of the contract between the importer and the exporter stipulating that the consignment does not contain any type of arms, ammunition, mines, shells, cartridges, radioactive contaminated, or any other explosive material in any form either used or otherwise. ^57[Import of scrap would take place only through following designated ports and no exceptions would be allowed even in case of EOUs, SEZs:- 1. Chennai, 2. Cochin, 3. Ennore, 4. JNPT, 5. Kandla, 6. Mormugao, 7. Mumbai, 8. New Mangalore, 9. Paradip, 10. Tuticorin, 11. Vishakhapatnam, 12. Pipava 13.Mundra, 14. Kolkata, 15. Krishnapatnam, 16. Kattupalli, 17. Hazira and 18. Kamarajar.] (v) Only entry sea ports will be designated and notified for import of un- shredded Metallic Waste and Scrap subject to the following: (i) Any sea port to be designated for import of un-shredded metallic scrap will be required to install Radiation Portal Monitors and Container Scanner wit....
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.... Certificate (PSIC) (a) Applications for recognition in respect of PSIAs have to be made in proforma prescribed in ANF 2L. The scanned copy of application in ANF 2L, along with relevant annexures and documents should be sent by e-mail to DGFT (at [email protected]), in addition to sending the same by post. (b) For applicants based in India application fee will be Rs. 7500/- and for applicants based abroad the application fee will be US $200. The fees may be amended from time to time by DGFT. (c) The applications will be considered by an Inter- Ministerial Committee. (d) ^67[The validity of recognition of the Pre-Shipment Inspection Agency (PSIAs) included in Appendix 2G of Appendices and Aayat Niryat Forms (A & ANF) of Foreign Trade Policy 2015-20 which are completing their original tenure of three years as on 03.12.2022 is extended upto 31.12.2022.] ^42[However, any recognition which has extended validity upto 31st March, 2020 or original validity upto 29th June, 2020, would deem to be valid upto 30th June 2020.] (e) PSIA shall issue Pre-Shipment Inspection Certificate (PSIC) in the format given in Appendix 2H....
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....(at least 1 photograph or video clipping per container) (iv) Photograph(s) or video clipping of the sealing process (at least 1 photograph or video clipping per container) ^70[(v) One Photo of Inspector shall be captured with empty container in the background having only one door closed (door with container number) and container number shall be clearly readable in that photo. Another photo of Inspector shall be captured with sealed container with same container number on the door clearly readable. (vi) Photo of Instrument used for inspection (as indicated at serial no (h) of PSIC) shall be captured along with container seal, having container seal number and instrument serial number, visible in the same photo.] ^71[(e) The photographs and/or video clippings [as per 2.56 (d) above] shall be uploaded on DGFT website (https://www.dgft.gov.in/CP/) by PSIA at the time of issue of PSIC.(e) The photographs and/or video clippings [as per 2.56 (d) above] shall be uploaded on DGFT website (https://www.dgft.gov.in/CP/) by PSIA at the time of issue of PSIC.] 2.57 Import of other kinds of metallic waste and scraps Import of....
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....nvites fresh applications for allocation of said Tariff Rate Quotas(TRQ) during FY 2022-23 with effect from 27.05.2022 and not later than 18.06.2022 as follows - i. Applications where the date of issuance of their Importer-Exporter Code (IEC) is on or after the date of this Public Notice shall not be considered. ii. The applications shall be considered on Actual User basis to processors/refiners only based upon their own processing capacity. iii. For each processing unit, applicants shall provide a self-certified copy of documentary proof issued by Central/State Authorities, indicating its processing capacity. The certificate should be dated prior to 24.05.2022. The process capacity for Edible oils should be mentioned in the said certificate. iv. Applicants shall also provide a valid FSSAI License for the said categories. v. Only one application against one IEC shall be considered. vi. The TRQs shall be valid for 1 year from the date of Issuance. vii. Details of turnover for processing of Crude Edible Oils in the last three financial years, i.e., from 2019-20 to 2021-22, are to be submitted. Self-certifie....
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.... Samples: 2.63 Exhibits Required for National and International Exhibitions or Fairs and Demonstration ^19[(a) Import / export of exhibits, including the construction and decorative materials, except items in the 'Prohibited' or SCOMET List, required for the temporary stands of foreign / Indian exhibitors at exhibitions, fair or similar show or display for a period of six months on re-export / re-import basis, shall be allowed without an Authorisation on submission of a bond / security to Customs or ATA Carnet.] (b) Extension beyond six months for re-export / re-import will be considered by Customs authorities on merits. Consumables such as paints, printed material, pamphlets, literature etc. pertaining to exhibits need not be re-exported/re-imported. 2.64 Sale of Exhibits (a) Restricted Items: Sale of exhibits of restricted items, mentioned in ITC (HS), imported for an international exhibition / fair may also be made, without an Authorisation within bond period allowed for reexport, on payment of applicable customs duties, subject to a ceiling limit of Rs. 5 lakh (CIF) for such exhibits for each exhibitor. (b) Freely importable items: However,....
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....endix2U (b) Relevant postal receipt (c) Invoice duly attested by Customs Authorities. 2.71 Direct negotiation of export documents In cases where exporter directly negotiates document (not through authorised dealer) with permission of RBI, he is required to submit following documents for availing of benefits under export promotion schemes: (a) Permission from RBI allowing direct negotiation of documents (not required for status holders), (b) Copy of Foreign Inward Remittance Certificate (FIRC) as per Form 10-H of Income Tax department in lieu of BRC, and (c) Statement giving details of shipping bills / invoice against which FIRC was issued. SCOMET: 2.72 Application for Grant of Export Authorisation/Certificate/ Permission for non-SCOMET Items (a) An application for grant of Export Authorisation in respect of restricted items [other than Special Chemicals, Organisms, Materials, Equipment and Technologies (SCOMET)] mentioned in Schedule 2 of ITC (HS) Classifications of Export and Import Items may be made in ANF 2 N to DGFT (Headquarters) along with documents prescribed therein. EFC shall consider applications on merits ....
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....T list or a commodity classification request; g) Shipping documents including shipping bill, bill of entry and bill of lading. 2.74 Inter Ministerial Working Group An Inter-Ministerial Working Group (IMWG) in DGFT (Hqrs.) shall consider applications for export of SCOMET items as specified in Appendix-3 to Schedule 2 of ITC (HS) Classifications of Export and Import Items based on following guidelines: I. Applications for Authorisation to export items or technology on SCOMET List are considered on the basis of following general criteria: (a) Credential of end-user, credibility of declaration of end-use of the item or technology, integrity of chain of transmission of item from supplier to end-user, and on potential of the item or technology, including timing of its export, to contribute to end-uses that are not in conformity with India's national security or foreign policy goals and objectives, goals and objectives of global non-proliferation, or India's obligations under International treaties/Agreements to which it is a State party. (b) Assessed risk that exported items will fall into hands of terrorists, terrorist groups, and non-State actors; ....
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....Production. Export of items in Category 6 is governed by the extant Standard Operating Procedure issued by the Department of Defence Production in the Ministry of Defence. Export of items covered in Note 3 of the 'Commodity Identification Note' in Appendix 3 to Schedule 2 of ITC (HS) is prohibited. VI. Additional end-use conditions may be stipulated in Authorisations for export of items or technology that bear possibility of diversion to or use in development or manufacture of, or use as, systems capable of delivery of weapons of mass destruction. VII. Authorisations for export of items in SCOMET List (other than those under Category 0, 1 and 2) solely for purposes of display or exhibition shall not require any end-use or end-user certification. However, no export Authorisation for display or exhibition shall be issued for 'Technology' in any category. IMWG would seek comments from technical agencies as deemed necessary. VIII. Authorization for export of items in Categories 0, 3 (other than 3D), 4, 5 and 7 of the SCOMET list to Iran would be subject to the relevant provisions contained in Annex B to the UN Security Council resolution 2231 (2015). ....
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....horization is required for supply of SCOMET items from DTA to SEZ/EOU. Export Authorisation is, however, required if the SCOMET items are to be physically exported outside the country from SEZ/EOU, i.e. to another country (Refer Rule 26 of the SEZ Rules, 2006). All supplies of SCOMET items from DTA to SEZ /EOU will be reported to the Development Commissioner (DC) of the respective SEZ/EOU by the supplier in the prescribed proforma [Annexure 1 to Appendix-3 to Schedule 2 of ITC (HS) Classifications of Export and Import Items] within one week of the supplies getting effected. An annual report of such supplies from DTA to SEZ/EOU shall be reported to SCOMET Section, DGFT (Hqrs), Udyog Bhavan, New Delhi- 110011 by the DC of the respective SEZ/EOU in the prescribed proforma [Annexure 2 to Appendix-3 to Schedule 2 of ITC (HS) Classifications of Export and Import Items] by 15thMay of every financial year, in respect of supplies effected from DTA to SEZ/EOU during the preceding financial year.] 2.77 Outreach Programmes on SCOMET Export Control System DGFT in association with Administrative Ministries/ Departments and Trade Associations will organize Industry Outreach Programme o....
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....ms of the foreign government relating to weapons and their delivery. (f) Applicability of relevant bilateral and multilateral agreements to which India is a party. (g) Assessment of any threat that such site visit, on-site verification or access to records/ documentation may pose to India's national security, and relations with any other country. (h) Assessment of possible links of the foreign parties with terrorist organizations and non-state actors within their own country or in any other country. II. Permission for arrangement or understanding involving site visit, onsite verification or access to records / documentation will be subject to the following conditions: (a) Site visit, on-site verification or access to records /documentation will be confined to the purpose, sites and activity for which permission given/which have been mentioned in the authorisation. (b) Site visit, on-site verification or access to records/ documentation will be allowed only to individuals mentioned in the authorisation. (c) Site visit, on-site verification or access to records/ documentation shall be concluded during the period mentioned in th....
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....be commensurate with the operational capacity of the end user in respect of the relevant product, as certified by the end user. A certificate to this effect from the end user shall be submitted by the exporter alongwith the application for a repeat authorization, (v) A declaration by the authorized signatory on the qualifying conditions as per (i) to (iv) above shall be submitted by the exporter along with the application for consideration under the repeat order route; (vi) The authorizations(s) for repeat orders shall be liable for recall/termination by the DGFT on receipt of an adverse report in respect of any of the export consignments; (vii) All authorizations for repeat orders shall be brought before IMWG in its subsequent meeting for confirmation of approval, on ex-post facto basis, and the IMWG would reserve its right to refuse further repeat authorizations based on its assessment of proliferation concerns.] ^74[2.79A Issue of export authorization for "Stock and Sale" of SCOMET items Application for grant of authorization for bulk export of SCOMET items (excluding Category 0, Category 3A4001, Category 6 and transfer of techn....
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....such approved countries would be subject to the export control regulations of the country of the stockist; g. Country would denote an independent sovereign entity which is a distinct national entity in political geography. Hence, transfers within an economic union or a customs union would not qualify as "same country transfers"; Post-reporting for same country transfer and re-export to pre-approved countries by the stockist h. In case of sale/transfer by the stockist within the same country and for re-export/re-transfer to the end users in countries, for which, in-principle approval has been granted, the Indian exporter/licensee shall submit details of all such transfers to SCOMET Division of DGFT (Hqrs) in ANF-2 O(a). including EUCs[Appendix-2S (i) /2S(ii), as applicable] from all ultimate end users and Bill of Entry into the ultimate destination countries(for export outside the country of stockist), within 3 months of every such transfer; Application for re-export to other countries (other than pre-approved) i. In respect of re-export/re-transfer of items from the stockist entity to the end users outside the country of the stockist, for which, in-principle approval....
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....for export of spare parts, under stock and sales arrangement, may indicate the requirement of spare parts in the application for main item/equipment after judicious and reasonable assessment thereof, and provide the justification of the same.] ^32[Para 2.79 C Issue of authorizations for repair/replacement of SCOMET items A. Authorization for export of imported SCOMET items for repair/replacement: i. Conditions to be fulfilled: (a) The SCOMET items were imported to India and are to be exported for the purpose of repair and replacement, on being defective; (b) There has been no change to the original characteristics/specifications of the SCOMET item(s); (c) The SCOMET items are to be exported to the same entity from which they have been imported or to the OEM (including, agency ^Agency can include' Approved Repair Centre' (facility approved by the original equipment manufacturer to repair the goods being exported under license).authorized by OEM) ; (d) No Export Authorisation would be granted if the initial export authorisation has been suspended, modified or revoked by the exporting country; ....
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.... f. That, in case time beyond 90 days is required for repair of imported defective/damaged item(s) before re-import, permission from DGFT shall have to be obtained in advance indicating detailed justification for seeking extension of time. iii. Applications for grant of authorizations for export to the entity from which it was imported or to the OEM (including agency authorized by OEM) shall be approved by Chairman IMWG, without any consultation with IMWG members. However, in cases of export to an entity other than the OEM (including agency authorized by OEM), approval will be granted by Chairman, IMWG after verification of the credentials of the foreign entity to which the item(s) are to be exported. B. Authorization for re-export of indigenous SCOMET items after repair/replacement: i. Conditions to be fulfilled: (a) The SCOMET items manufactured in India, were exported and brought back to India for repair or being replaced, on being found defective/damaged; (b) The items are to be re-exported after repair/replacement to the same entity to which the item(s) were originally exported by the applicant....
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....was exported earlier; d. That replacement/repair(whichever is applicable) is allowed under the conditions of export or purchase order or contractual agreement; e. That the defective/damaged item(s) has/have already been brought back or would be brought back to India within 90 days of its replacement (in case of replacement); f. That, in case the defective/damaged item(s)cannot be imported due to any reason (beyond repair, testing failure analysis etc.), evidence of destruction in the importing country shall be submitted to DGFT within 90 days of export of replacement. iii. Applications for grant of authorizations to export the replaced/repaired item(s) to/through the same entity (ies), as specified in the original SCOMET license, shall be approved by Chairman IMWG, without any consultation with IMWG members. However, in cases of export through a new entity (consignee), approval will be granted by Chairman, IMWG after verification of the credentials of the new foreign entity (ies) through which the item(s) are to be exported. C. Authorization for export of imported SCOMET items to same entity abroad, or....
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....head of the firm duly signed and stamped by the authorized signatory) stating: a. Details of imported items to be exported after repair alongwith their SCOMET Category /Sub-category number(s), quantity, item description and ECCN of foreign country; b. That item(s) are being exported to the same entity from which it was originally imported for repair and return purpose or to the OEM (including agency authorized by OEM); c. That there has been no change to the original characteristics/specifications of the item(s) after import; d. That the repair of defective/damaged items is allowed under the conditions of import or contractual agreement between Indian exporter, entities of repair facility (if different from exporter) and the entity abroad /OEM (including agency authorized by OEM) (name and address); iii. Applications for grant of authorizations for export to the entity from which it was imported or to the OEM (including agency authorized by OEM) shall be approved by Chairman IMWG, without any consultation with IMWG members. However, in cases of export to an entity other than the OEM (including agency authorized by OEM),....
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....untry of import: i. No Export authorisation would be granted for UNSC sanctioned destinations or countries/entities of high risk, as assessed by the IMWG, from time to time; j. No details of 'End Use' and 'End Use Certificate' would be required; k. GAER issued for specific item and specific entity (buyer/end user) shall not be applicable in case the re-export is of a different imported item or to a different entity or Authorised OEM. In such cases. either a new GAER authorization may be applied or application may be filed under Para 2.79 C (C) of HBP. B. Documents Required for GAER 1. Proof of import of the item(s): a. Export License (if applicable) issued by the foreign country for original import of the items to India; b. Documentary proof and/or self declaration that the item exempted from license requirement or place under no license requirement for India. c. Bill of Entry (first time) 2. Proof of obligation for repair of defective/damaged items: Contract agreement and/or 'Statement of Work (SOW)'/ Master Service agreement (MSA) between Indian exporter....
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....p;1 year from the date of issue of GAER subject to subsequent post reporting(s) within 30 days from such export; b) GAER cannot be re-validated in terms of Paragraph 2.80 of HBP of FTP 2015-20. E. Suspension / Revocation GAER issued shall be liable to be suspended / revoked by the DGFT on receipt of an adverse report on proliferation concern or for non-submission of mandatory reports /documents within the prescribed timelines or for non-compliance with the conditions of this Public Notice. F. General conditions i. GAER would not be issued in case of items to be used to design. develop, acquire. Manufacture, possess, transport, transfer and / or used for chemical, biological, nuclear weapons or for missiles capable of delivering weapons of mass destruction and their delivery system; ii. GAER would not be issued for countries or entities covered under UNSC embargo/ sanctions or on assessment of proliferation concerns, or national security and foreign policy considerations. etc.; iii. DGFT shall reserve the right to deny issuance of GAER or recall GAER without assigning any reason(s). G. Applicat....
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....rm: An Undertaking on the letter head of the firm duly signed and stamped by the authorized signatory stating: a. Purpose of export, details of invitee alongwith schedule and specific location of event; b. Details of items to be exported for Demo/Display/Exhibition /tender/ RFP/RFQ/NIT alongwith their SCOMET Category /Sub-category number(s), quantity and item description. c. that the exported items will be in the custody of the exporter during the entire period of export; d. that the exported items shall be brought back to India within 90 days after the event gets over or within the extended time, as allowed by DGFT; e. that the Bill of Entry confirming the return back of the exported items to India shall be submitted to DGFT. (h) Applications for grant of authorizations shall be approved by Chairman, IMWG after verifying the credentials of the event/organizer. (B) Authorization for export of imported SCOMET items after participation in demo/display/exhibition /tenders/ RFP/RFQ/NIT in India Application for grant of authorization for export of imported SCOMET items to the entity from which it has been originally im....
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....o change in the specifications of the item(s) after import; e. That the Demo/Display/Exhibition tenders/ RFP/RFQ/NIT items (whichever is applicable) is allowed under the conditions of import or contractual agreement; f. That the export of the imported item(s) is allowed under the conditions of import or contractual agreement between Indian exporter and entity abroad /OEM (including agency authorized by OEM). f) Applications for grant of authorizations for export to the entity from which it was originally imported or to the OEM (including agency authorized by OEM) shall be approved by Chairman IMWG, without any consultation with IMWG members. However, in cases of export to an entity other than the original supplier or OEM (including agency authorized by OEM), approval will be granted by Chairman, IMWG after verification of the credentials of the foreign entity to which the item(s) are to be 3. All such authorizations shall be brought before IMWG in its subsequent meeting for confirmation of approval, on ex-post facto basis. Note:- • RFP refers to Request for Proposal • RFQ refers to Request for Quotation • NIT r....
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....rn; b. Purchase order containing terms of import with specific mention of reexport/return due to any of the reasons explained above; c. Warranty policy/conditions on replacement of damaged /dead on arrival items; iv. An Undertaking from the applicant firm; An Undertaking on the letter head of the firm duly signed and stamped by the authorized signatory stating: a. Details of imported items to be re-exported/returned alongwith their SCOMET Category /Sub-category number(s); b. That item (s) are being exported to the same foreign entity from which it was originally imported or to the OEM [including agency(ies) authorized by OEM] (whichever is applicable); c. That there has been no change in the specifications of the item(s) after import in India; d. That the re-export/return of items due to reasons such as obsolescene of technology of imported items; cancellation of order by Indian buyer/end user; dead on arrival etc. (whichever is applicable) is allowed under the conditions of import or contractual agreement. (e) Applications for grant of authorizations for export to the entity from which it was original....
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....Table 1 below (entire supply chain including any third party should be in the countries listed in Table 1 to this Public Notice); Table 1 Argentina, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, Mexico, Netherlands, New Zealand, Norway, Poland, Portugal, Republic of Korea, Romania, Russian Federation, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom, United States. Note: However, IMWG on a case to case basis may allow countries other than those listed in Table 1 considering description/end use/end user of the item. c. The applicant exporter declares that the exported items would be used for the purposes for which it is intended by the foreign subsidiary of Indian company / foreign parent company / another subsidiary of foreign parent company, as the case may be; d. The applicant exporter furnishes either a certified/approved Internal Compliance Programme (ICP) or demonstrates compliance to the ICP of the foreign parent company or ICP certified by the Com....
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....ed ICP of the Indian parent company or self-certified copy of the ICP of the foreign parent company being adopted by Indian subsidiary of foreign company along with an undertaking thereon; vii. Undertaking on the letterhead of the firm duly signed and stamped by the authorised signatory: a. To allow on-site inspection, if required by the DGFT or authorized representatives of Government of India; b. The applicant exporter declares that the exported items would be used for the purposes for which it is intended by the foreign subsidiary of Indian company / foreign parent company / another subsidiary of foreign parent company, as the case may be; c. The applicant exporter declares that subsequent to issue of export authorisation, if the licensee has been notified in writing by DGFT or if they know or has reason to believe that an item may be intended for military end use, the exporter would not be eligible for GAICT for export of that/those item(s) and would apply separately to DGFT for a fresh authorisation in terms of regular policy. [DGFT's PN No. 27 dated 21.09.2017 for catch-all policy may also be referred]. viii. The Company ....
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....ction and their delivery system; b. GAICT would not be issued for countries or entities covered under UNSC embargo or sanctions list or to the countries or entities assessed for risk of proliferation concern, based on national security and foreign policy considerations; c. In case of inclusion or amendment of items (including software and technology) or inclusion of new companies or amendment in existing companies in the supply chain, the applicant exporter will obtain prior permission of DGFT with relevant details; d. IMWG shall reserve the right to deny issuance of authorization GAICT for any reason and also relax any provision of the policy, if so required in exceptional cases. F. Re-exports / re-transfer of the items including software and technology (processed or incorporated) Further re-exports / re-transfers of the items including software and technology (processed or incorporated) from the foreign subsidiary company or foreign parent company / another subsidiary of foreign parent company to end users in other countries would be subject to the export control regulations of the country of the foreign subsidiary of Indian company or foreig....
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.... on-site inspection will be allowed by the applicant exporter, if required by the DGFT or authorized representatives of Government of India; ii. The applicant exporter declares that the items that are intended to be exported shall not be used for any purpose other than the purpose(s) stated in the EUC and that such use shall not be changed nor the items modified or replicated without the prior consent of the Government of India.; iii. The applicant exporter declares that subsequent to issue of export authorisation, if the licensee has been notified in writing by DGFT or if they know or has reason to believe that an item may be intended for military end use or has a potential risk of use in or diversion to weapons of mass destruction (WMD) or in their missile system, the exporter would not be eligible for GAEC for export of that/those item(s) and would apply separately to DGFT for a fresh authorization in terms of regular policy. iv. Action will be taken against the exporter under FT (D & R) Act, 1992 for any mis-declaration. c. After issuance of GAEC authorization and before actual export, the applicant exporter must ensur....
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....ries / Sub Categories (excluding software and technology) shall be valid for a period of five years from the date of issue of GAEC subject to subsequent post reporting(s) on quarterly basis to be reported within 30 days from the last quarter; b. GAEC cannot be revalidated in terms of Paragraph 2.80 of HBP of FTP 2015-20. F. Suspension / Revocation GAEC issued shall be liable to be suspended / revoked by the DGFT on receipt of an adverse report on proliferation concern or for non-submission of mandatory post-shipment details / reports / documents within the prescribed timelines or for non-compliance with the conditions of the proposed policy.] 2.80 Revalidation of SCOMET authorisation Export license for SCOMET items may be revalidated by RA concerned as per para 2.20 (b) of HBP. 2.81 Export of SCOMET Category 6 items Notwithstanding anything contained in Paragraphs 2.73 to 2.80, Export of SCOMET Category 6 items will be permitted against an authorisation issued by Department of Defence Production. The grant of authorisation will be governed by the Standard....
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.... (b) If the proof of payment issued by the Insurance Agency mentions claim value both in foreign exchange and INR, RA will use the foreign exchange value for processing. If the claim value is mentioned only in equivalent INR, RA will convert this INR value in equivalent US$ using the exchange rate (published by CBEC) applicable on the date of settlement of insurance claim". ^2[***] 2.87 RBI write-off on export proceeds realization Realization of export proceeds shall not be insisted under Foreign Trade Policy, if the Reserve Bank of India (RBI) or any "Authorised Bank" (authorised by RBI for this purpose) writes off the requirement of realization of export proceeds on merits and the exporter produces a certificate from the concerned Foreign Mission of India about the fact of non-recovery of export proceeds from the buyer. However, this would not be applicable in self - write off cases. 2.88 Conversion of E.P. copy of shipping bill from one Scheme to another If Customs Authorities, after recording reasons in writing, permit conversion of an E.P. copy of any scheme-shipping bill on which benefit of that scheme has not been availed, exporter would be entitled to bene....
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....format of 14 digits Global Trade Item Number (GTIN) along with batch number, expiry date and a unique serial number of the primary pack. The bar code labeling at primary level is exempted till further notification; however, the above mentioned details are required to be printed in human readable form on optional basis till further notification. b) Secondary level: Incorporation of one or two dimensional (1D or 2D) barcode encoding unique and universal global product identification code in the format of 14 digits Global Trade Item Number (GTIN) along with batch number, expiry date and a unique serial number of the secondary pack. However, incase of monocartons manufacturer or exporter shall affix bar code on mono carton containing one primary pack on optional basis till further notification. c) Tertiary Level: Incorporation of one dimensional (1D) barcode encoding unique and universal global product identification code in the format of 14 digits Global Trade Item Number (GTIN) along with batch number, expiry date and a unique serial number of the tertiary pack i.e. Serial Shipping Container Code (SSCC). ii. Parent-Child Relationship for S....
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....tics Act and Rules made there under and registered as "Drug" with the FDA of importing country. (ii) Primary packaging means the package which is in direct physical contact with the active ingredient. (iii) Secondary packaging means a carton containing one or more primary packs and includes a mono carton containing one primary pack. (iv) Tertiary packaging means a shipper containing one or more secondary packs. (b) All relevant guidelines regarding grant of specific exemption(s) if any, procedure of data requirement / maintenance / upload on central portal and clarifications issued under this notification etc. will be available on the central portal i.e. http://dava.gov.in (c) It will be the responsibility of the drug manufactures/exporters as the case may be, to satisfy the customs authorities that the export consignment satisfies the conditions of the Notification. Export Promotion Council (EPC)/ Commodity Boards: 2.91 Registering Authorities (a) Registering Authority is a body notified by DGFT in this regard to register importers/ exporters as its members by issuing RCMC. (b) The list of notified Registering Au....
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....d etc., RCMC in respect thereof is to be obtained from FIEO. Further, in case of multi product exporters, not registered with any EPC, where main line of business is yet to be settled, the exporter has an option to obtain RCMC from Federation of Indian Exporters Organization (FIEO). (c) In respect of multi product exporters having their head office/ registered office in the North Eastern States, RCMC may be obtained from Shellac & Forest Products Export Promotion Council (except for the products looked after by APEDA, Spices Board and Tea Board). (d) In respect of exporters of handicrafts and handloom products from the State of Jammu & Kashmir, Director, Handicrafts, Government of Jammu & Kashmir is authorised to issue Registration Cum Membership Certificate (RCMC). 2.95 Validity Period of RCMC RCMC shall be deemed to be valid from 1st April of licensing year in which it was issued and shall be valid for five years ending 31st March of the licensing year, unless otherwise specified. 2.96 Intimation Regarding Change in Constitution of Business of RCMC holder (a) In case of change in ownership, constitution, name or address of an exporter, it shall....
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....cretion to authorised representative of importer / exporter. Interviews /clarifications may also be sought through E-mails. 2.102 Authorised signatory Any communication from the Exporter/Importer to DGFT's office including the RA's must have the name, signature, email id of the person duly authorised by the firm/company to send such communications. Preferential Trade Agreements: 2.103 Free Trade Agreements (FTAs)/ Preferential Trade Agreements (PTAs) (a) India has always stood for a transparent, equitable, inclusive, predictable, non-discriminatory and rules based international trading system. In this context, India's trade agreements may be seen as a measured and calibrated exposure of the Indian economy to international competition. As of October, 2014; India has signed 10 FTAs and 6 limited Preferential Trade Agreements (PTAs). India is also negotiating around 18 other FTAs. (b) The list of the FTAs that have been signed by India are: (i) India - Sri Lanka FTA (ii) Agreement on South Asian Free Trade Agreement (SAFTA) (iii) Revised Agreement of Cooperation between Government of India and Nepal to control unauthorised trade (i....
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....toms of GSP offering countries require information in Form 'A' (prescribed for GSP Rules Of Origin) duly filled by exporters of beneficiary countries and certified by authorised agencies. List of agencies authorised to issue GSP CoO is given in Appendix-2 C. ^51[(c) (i) The European Union (EU) has introduced a self-certification scheme for certifying the rules of origin under GSP from 1.1.2017 onwards. Under the Registered Exporter System (REX), exporters with a REX number are able to self-certify the Statement on Origin of their goods being exported to EU under the GSP Scheme. The registration on REX is without any fee or charges. The details of the scheme are at Annex 1 to Appendix 2C. (ii) The competent Local Authorities would undertake post verification of self certified Certificate of Origin based on the request of the importers/customs agencies of the importing country and the fee to be changed is detailed in Appendix 2K. Agencies may charge TA and DA, as per government rates, separately from the unit. (iii) Further, as per the conditions required to avail GSP benefit under self certification system, the beneficiary country needs to have a verificat....
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....i) Change in tariff classification (iii) Value addition (iv) Non minimal operations (c) For exports under India's FTAs, PTAs and GSP, specified agencies are authorised to issue the certificates of origin, They shall also provide services relating to issue of CoO, including details regarding rules of origin, list of items covered by an agreement, extent of tariff preference, verification and certification of eligibility. The list of these agencies authorised under the various FTAs/ PTAs is given in Appendix 2B (d) Export Inspection Council (EIC) is the agency authorised to print blank certificates. The website of the EIC (www.eicindia.gov.in) provides procedural details (including fee) for issuance of the certificate of origin. 2.107 TRQ under FTA/CECA Government, from time to time, undertakes commitments for import under Tariff Rate Quota (TRQ) in various FTA/CECA. Accordingly, DGFT notifies the procedure for administration of TRQ from time to time. The Tariff Rate Quotas as existing is as under: Description HS No. In/out of quota rate (%) as per WTO In/out of quota rate (%) As per Indian Tariff Notification TRQ Vanaspa....
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....res of fermented beverages and mixtures of fermented beverages and non-alcoholic beverages, not elsewhere specified or included. 22060000 - 0% 5000 litres In containers holding 2 l or less----- Rum 22084011 - 0% No. 25/2021- Customs dated 31^st March, 2021 1.50 million litres In containers holding 2 l or less--------- Other 22084012 - 0% 1.50 million litres Other------ Rum 22084091 - 0% 1.50 million litres Other------ other 22084092 - 0% 1.50 million litres Articles of Apparel and Clothing Accessories. 6102; 6103; 6104; 6105; 6106; 6109;6110; 6111; 6112 6203; 6304; - - Details of the HS Codes as in Table 3 of the above Notification 7.5 million pieces^$ #Imports will be permitted subject to the arrangements /Procedure as laid down in Annexure-III of Appendix-2A. $ Out of total quota of 7.5 million pieces, at least 5 million pieces of aggregate of all such items have been manufactured from yarn/fabric sourced from India.] ....
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....the products. (b) Government has also nominated certain agencies to issue NonPreferential Certificate of Origin (CoO). These CoOs evidence origin of goods and do not bestow any right to preferential tariffs. List of notified agencies is provided in Appendix-2 E. In addition, agencies authorised to issue Preferential CoO are also authorised to issue Non-Preferential CoO. (c) All exporters who are required to submit CoO (Non Preferential) would have to apply to any of agencies enlisted in Appendix-2 E with following documents: (i) Details of quantum / origin of inputs / consumables used in export product. (ii) Two copies of invoices. (iii) Packing list in duplicate for concerned invoice. (iv) ^55[Fee of Rs. 200/- per certificate.] (d) The agency would ensure that goods are of Indian origin as per criteria defined in (a) above before granting CoO (non preferential). Certificate would be issued as per format given in Annexure-II to Appendix 2 E. It should be ensured that no correction/re-type is made on certificate. Any agency desirous of enlistment in Appendix- 2 E may submit their application as per Annexure-I to Appendix....
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....nst confirmed irrevocable letter of credit (or bill of exchange which is unconditionally Avalised / Co-Accepted / Guaranteed by a bank) and this is confirmed and certified by exporter's bank in relevant Bank Certificate of Export and Realization, payment of export proceeds shall be deemed to have been realized. For Status Holders, irrevocable letter of credit would suffice." 3. Substituted vide PUBLIC NOTICE NO. 70/2015-2020 - Dated 28-03-2018, before it was read as, "(ii) The existing designated sea ports namely Chennai, Cochin, Ennore, JNPT, Kandla, Mormugao, Mumbai, New Mangalore, Paragraphdip, Tuticorin, Vishakhapatnam, Pipava, Mundra and Kolkata will be allowed to import unshredded scrap till 31st March, 2018 by which time they are required to install and operationalize Radiation Portal Monitors and Container Scanner. Such sea ports which fail to meet the deadline will be derecognised for the purpose of import of un-shredded metallic scrap w.e.f 1.4.2018." 4. Substituted vide Public Notice No. 05/2015-2020 - Dated 09-05-2018, before it was read as, "vi. Export of drugs manufactured by non-SSI units and having manufacturing date prior to 31.03.2016 and export ....
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....or export of SCOMET items shall be approved by Chairman IMWG and the case shall be brought before IMWG in its subsequent meeting for approval on ex-post facto basis. The approval will be subject to the fulfillment of the following criteria: (i) (a) the product along with the technical specification (b) the exporter (c) the foreign buyer (d) the consignee or the intermediaries, if any (e) the end user (f) the end use and (g) the country of destination; shall be same. (ii) The permitted quantity against repeat export authorisations shall not be more than 2 times of the quantity in original authorisation, subject to the annual manufacturing capacity of the end user in respect of the relevant product , as certified by the end user. (iii) Only the applications submitted within two years from the date of approval by IMWG of the original SCOMET authorisation will be eligible for repeat authorisation. (iv) There shall be a cap of two repeat authorisations against the original authorisation. (v) A declaration by the authorised signatory on the qualifying conditions as per (i) to (iv) above shall be submitted along with the application for conside....
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....ochin, Ennore, JNPT, Kandla, Mormugao, Mumbai, New Mangalore, Paragraphdip, Tuticorin, Vishakhapatnam, Pipava, Mundra and Kolkata will be allowed to import un-shredded scrap till 31s1 October, 2018 by which time they are required to install and operationalize Radiation Portal Monitors and Container Scanner. Such sea ports which fail to meet the deadline will be derecognised for the purpose of import of un-shredded metallic scrap w.e.f 1.11.2018.]" 16. Substituted vide Public Notice No. 46/2015-2020 dated 15-11-2018 before it was read as "2.79A Issue of export authorisation for "Stock and Sale" of SCOMET items Stockist' refers to the entity abroad to whom the SCOMET items are originally exported by Indian principal/wholly owned subsidiary. The Stockist entity should be a subsidiary/principal company abroad of the Indian exporter. Applications for grant of authorization for export of SCOMET items for 'Stock & Sale' purpose shall be evaluated/considered by IMWG subject to the conditions prescribed as under: a) Application for Authorization for Export of SCOMET items for 'Stock & Sale' purpose to the Stockist i. Export shall be permitted only....
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....ally exported by Indian principal/wholly owned subsidiary) to entity (ies), including end users, in the same country, the former shall obtain the required documents from each link in the supply chain and forward the same to the Indian applicant/licensee for the purpose of submission to DGFT(Hq) for seeking prior permission for such transfer. The IMWG may, however, relax this requirement of prior permission based on a Risk Assessment for such within same country sale/transfer. b) In case of same country sale/transfer by the stockist entity, where IMWG has agreed to relax the requirement of prior permission, the required documents shall be submitted by the Indian applicant/licensee within 3 months of any such transfer. In such case, no link in the supply chain should be an entity outside the country and items should remain within the country. c) Country would denote an independent sovereign entity which is a distinct national entity in political geography. Hence, transfers within an economic union or a customs union would not qualify as "same country transfers". iii) Re-export outside the country by the stockist:- Application for reexport by the stockist en....
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....shall be allowed without an Authorisation on submission of a bond/ security to Customs or ATA Carnet." 20. Inserted vide Public Notice No. 59/2015-20 dated 12-12-2018 21. Substituted vide Public Notice No. 75/2015-2020 dated 25-02-2019 before it was read as ^"5[Import consignments of metallic waste and scrap shall be subject to pre-inspection certificte (PSIC) from the country of origin. However, metallic waste and scrap (both shredded and unshredded) imported from safe countries/region i.e. the USA, the UK, Canada, New Zealand, Australia and the EU will not require PSIC if consignments are cleared through six (6) ports namely, Chennai, Tuticorin, Kandla, JNPT, Mumbai and Krishnapatnam. Consignments from these five countries / region will be accompanied by certificate from the supplier/scrap yard authority to the effect that it does not contain any radioactive materials/ explosives. These will however be subject to radiation and explosive checks through portal monitors and container scanner at these ports. Transshipments through these countries /regions will not be allowed this facility. Import through all other ports including nine (9) ports (for unshredded scrap/wa....
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....ny of the applicable document(s): a. Contract agreement with the supplier/OEM(including agency authorized by OEM); or b. Purchase order containing terms of import; or c. Warranty policy/conditions on replacement/repair of defective/damaged items . iii. An Undertaking from the applicant firm; An Undertaking on the letter head of the firm duly signed and stamped by the authorized signatory stating: a. Details of imported items to be exported after replacement or repair alongwith their SCOMET Category /Sub-category number(s); b. That item (s) are being exported to the entity from which it was imported or to the OEM (including agency authorized by OEM) (whichever is applicable) for replacement/ repair; c. That there has been no change in the specifications of the item(s) after import; d. That the replacement or repair of defective/damaged items (whichever is applicable) is allowed under the conditions of import or contractual agreement; (d) Applications for grant of authorizations for export to the entity from which it was imported or to the OEM (including agency authorized by OEM) shall be approv....
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....Category /Sub-category number(s); b. That there has been no change in the specifications of the item(s) after repair (if imported and repaired) or is of the same specifications as of the item(s) being replaced; c. That they are being exported to the same entity (ultimate end user) after repair or as replacement (as applicable) to which it was exported earlier; d. That replacement/ repair (whichever is applicable) is allowed under the conditions of export or purchase order or contractual agreement; e. That the defective/damaged item(s) has/have already been brought back or would be brought back to India within 90 days of its replacement (if applicable); f. That, in case the defective/damaged item(s) cannot be imported due to any reason, evidence of destruction in the importing country shall be submitted to DGFT within 90 days of export of replacement. (d) Applications for grant of authorizations to export the replaced/repaired item(s) to/through the same entity (ies), as specified in the original SCOMET license, shall be approved by Chairman IMWG, without any consultation with IMWG members. However, in cases of export through a n....
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.... (g) The application is accompanied with the following additional documents (depending on whichever is applicable): (i) Proof of event (Exhibition/Display/ Tenders/RFP/RFQ/NIT) Invitation letter/Advertisement/Notice for RFP/RFQ/NIT or any other document to authenticate (i) the event or purpose of participation (ii) schedule (in case dates not decided, probable time period) (iii) specific location of event [venue, city, country etc.]; (ii) Proof of participation: Documents confirming participation of applicant in the event (exhibition/display/tender/RFP/RFQ/NIT); (iii) An undertaking from the applicant firm: An Undertaking on the letter head of the firm duly signed and stamped by the authorized signatory stating: a. that the exported items will be in the custody of the exporter during the entire period of export; b. that the exported items shall be brought back to India within 90 days after the event gets over or within the extended time, as allowed by DGFT; c. that the Bill of Entry confirming the return back of the exported items to India shall be submitted to DGFT; (h) Applications for grant of ....
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..../2015-2020 dated 30-09-2020 before it was read as "^40[30th September 2020]" 46. Substituted vide PUBLIC NOTICE NO. 31/2015-2020 dated 01-12-2020 before it was read as "^34[(iv) Import of scrap would take place only through following designated ports and no exceptions would be allowed even in case of EOUs, SEZs:- 1. Chennai, 2. Cochin, 3. Ennore, 4. JNPT, 5. Kandla, 6. Mormugao, 7. Mumbai, 8. New Mangalore, 9. Paradip, 10. Tuticorin, 11 Vishakhapatnam, 12.Pipava, 13. Mundra, 14. Kolkata, 15. Krishnapatnam and 16. Kattupalli]" 47. Substituted vide Public Notice No. 32/2015-2020 dated 16-12-2020 before it was read as "2.60 Procedure for import under the Tariff Rate Quota Scheme Attention is invited to Government of India, Ministry of Finance (Department of Revenue), Notification No. 21/2002- Customs dated 01.03.2002 and Notification No. 33/2010- Customs dated 12.03.2010. As per these, import of four items viz., (1) Skimmed and whole milk powder, milk food for babies etc. (0402.10 or 0402.21) and White Butter, Butter oil, Anhydrous Milk Fat (0405) (2) Maize (corn): other (1005.90) (3) Cr....
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....rately from the unit.]" 52. Substituted vide Public Notice No. 45/2015-2020 dated 25-03-2021 before it was read as "^49[31.03.2021]" 53. Substituted vide Public Notice No. 46/2015-20 dated 30-03-2021 before it was read as "^44[01.04.2021]" 54. Substituted vide Public Notice No. 3/2015-2020 dated 30-04-2021 before it was read as "Fee not exceeding Rs. 100 per certificate as may be prescribed by concerned agency." 55. Substituted vide Public Notice No. 5/2015-2020 dated 27-05-2021 before it was read as "^54[Fee not exceeding Rs. 200/- per certificate as may be prescribed by concerned agency.]" 56. Omitted vide PUBLIC NOTICE No. 12/2015-20 dated 12-07-2021 before it was read as "(b) Exporter shall furnish quarterly return /details of his exports of different commodities to concerned registering authority. However, status holders shall also send quarterly returns to FIEO in format specified by FIEO." 57. Substituted vide Public Notice No. 15/2015-2020 dated 20-07-2021 before it was read as "^46[(iv) Import of scrap would take place only through following designated ports and no exceptions would be allowed even in case of EOUs, SEZs....
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....79F - Global Authorisation for Intra-Company Transfers (GAICT) of SCOMET^1Items/Software/TechnoIogy A. Scope and Eligibility: Pre-export authorization will not be required for re-export of imported SCOMET items, software and technology [excluding items under SCOMET Categories 0, 1B, 1C^2 3A401, 5 and 6] under following conditions: i. where the re-export is an Intra-company transfer from an Indian subsidiary (applicant exporter) to its foreign parent company and/or to subsidiaries of the foreign parent company for re-export of imported SCOMET items (covered under para 2.A above) from India and; ii. where the transfer fulfils the conditions mentioned at (a) to (g) below: a) The items/software/technology to be re-exported, by Indian subsidiary, have been imported under a License Exception available in the country of the parent company abroad or from subsidiaries of the parent company abroad; Note: The license exception should clarify the control list classification, equivalent to the SCOMET item number and whether the licence exception is available for the subsidiaries of the parent company abroad; b) The items/software/technolo....
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....nt technical details, such as model, part number, etc. and in case of software/technology, details of encryption algorithm, key length, encryption functionality, eligibility under cryptography note etc. to be provided; v. Documentary proof of licence exception granted by the export control licensing authority of country of the foreign parent company and the subsidiaries of the parent company in different countries where it is valid; vi. Certified/approved ICP of the exporter or self-certified copy of the ICP of the parent company being adopted by Indian subsidiary/exporter along with an undertaking thereon; vii. Additional details, if any sought by DGFT. C. Post reporting for re-export of items/software/technology under GAICT a. The Indian exporter shall submit post-shipment details of each transfer/consignment of exports of SCOMET items/software/technology under GAICT to the SCOMET Division of DGFT (Hqrs), New Delhi, via E-mail ([email protected]) on quarterly basis (March / June / September / December), by the end of subsequent month of each quarter, in respect of the exports made in the previous quarter; b. The post-shipment details shall be subm....
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....s of Paragraph 2.80 of HBP of FTP 2015-20. H. Suspension / Revocation GAICT issued shall be liable to be suspended / revoked by the DGFT on receipt of an adverse report on proliferation concern or for non-submission of mandatory reports within the prescribed time lines or for non-compliance with the conditions of this Public Notice.]" 66. Inserted vide Public Notice No. 31/2015-20 dated 14-10-2022 67. Substituted vide Public Notice No. 39/2015-2020 dated 30-11-2022 before it was read as, "The recognized PSIAs will be notified under Appendix 2G for a period of three years. At the end of 3 years PSIA has to make a fresh application for further recognition." 68. Substituted vide PUBLIC NOTICE NO. 41/2015-2020 dated 08-12-2022 before it was read as, "2.61 Eligible entities for allocation of quota (a) Milk Powder (Tariff Code No. 0402.10 or 0402.21) and White Butter, Butter oil, Anhydrous Milk Fat (0405): National Dairy Development Board (NDDB), State Trading Corporation (STC), National Cooperative Dairy Federation (NCDF), National Agricultural Cooperative Marketing Federation of India Ltd. (NAFED....
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.... clearance of import for a period of one year or till 30th June, 2023, whichever is earlier. TRQs issued for FY 2023-24 shall be valid for clearance of imports till 31^st March, 2024" 74. Substituted vide PUBLIC NOTICE NO. 51/2015-20 dated 17-01-2023 before it was read as, "^16[2.79 A Issue of export authorization for "Stock and Sale" of SCOMET items Application for grant of authorization for bulk export of SCOMET items (excluding Category O, Category 3A4001, Category 6 and transfer of technology under any category) from an Indian exporter to an entity abroad (hereinafter referred to as 'stockist') for subsequent transfer to the ultimate end users shall be considered by IMWG, on the following conditions: Applicability and scope of policy a. 'Stockist' refers to the entity abroad to whom the SCOMET items are originally exported by Indian principal/wholly owned subsidiary. The Stockist entity should be a subsidiary/principal company abroad of the Indian exporter; b. Export shall be permitted only from the principal company/the wholly owned subsidiary in India (exporter) to their subsidiaries/principal company abroad (stoc....
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....rom all ultimate end users and Bill of Entry into the ultimate destination countries(for export outside the country of stockist), within 3 months of every such transfer; Application for re-export to other countries (other than pre-approved) i. In respect of re-export/re-transfer of items from the stockist entity to the end users outside the country of the stockist, for which, in-principle approval has not been granted at the initial stage, the Indian exporter (stock and sale authorization holder) shall submit application for re-export/re-transfer to SCOMET Division in DGFT (Hqrs), in ANF 2 O(a), through email ([email protected]), after obtaining following documents from the stockist entity: i) End-use/End-user Certificate from each link in the supply chain as per Appendix-2S (i) /2S(ii), as applicable; ii) Purchase Order(s)/Invoice(s) or a document in lieu thereof ; iii) Technical specifications of the product to be transferred (only if there is any value addition in the product by the stockist) j. IMWG shall consider export authorizations for allowing such re-export/retransfer based on end use/end user verification; ....