TaxTMI 
TaxTMI 
TaxTMI 
GENERAL PROVISIONS REGARDING EXPORTS AND IMPORTS
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....ubmitting 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deficiencies are not rectified by the applicant within a period of 90 days, the application will be deemed to have been withdrawn. 2.06 Application Fee The scale of fee, mode of payment, procedure for refund of fee and categories of persons exempted from payment of fee are provided for in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 Exempted Categories (a) IEC is compulsory for import and /or exports. However,....
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....der 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 shall file online application in ANF 2A format with applicable fee and requisite documents. (b) IEC will be system auto generated and applicant will be informed through e-mail and sm....
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....nd 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 online, if any so desired. (c) RAs shall consider applications seeking modification in IEC (all numeric), involving change in PAN, by ensuring that liabilities of the previous applicant/applicant firm are transferred to the new applicant/applicant firm whose PAN will be r....
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....te 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 / longer duration in specific cases to meet contractual obligations/delivery schedule or on specific recommendation of the concerned Technical / Administrative Ministry / Department / or any other agency. (b) DGFT may decide to issue specific authorisation/ class of authorisations for a longer/shorter validity period. Any extension /revalidation in such cases to be allo....
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....er 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 the date of final acceptance of Authorisation/Scrip in the Customs Server. Notwithstanding anything contained above, these provisions of revalidation shall not apply wherever, the authorisation/scrip holder had clear 6 months period in hand for utilisation. 2.21 Authority to Revalidate Such revalidation under Paragraph 2.20 above would be permitted under specific orders of Head of concerned Office and such revalidation would be maximum up to the extent of custody period.....
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....rnish 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 Authority at the Port of registration for their information and record. 33[2.29 A Any firm / company coming under the NCLT proceedings shall make a summary of statement of outstanding export obligations/liabilities under the FTP schemes, indicating duty saved amounts and applicable interest till the date of start of proceedings before the National Company Law Tribunal (NCLT), any penalty imposed under FTD & R Act, any other dues such as fee etc., and submit the same to the RA concerned and to NCLT, before the start of NCLT proceedings as part of t....
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....riginal 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 Entry for home consumption, on payment of custom duty and on submission of Authorisation wherever required, after an order for clearance of such goods for home consumption is issued by competent customs authorities. In case of clearance against duty free categories /concessional duty categories, exemption / concession from duty shall be allowed. (b) Goods can be re-exported without payment of customs duty provided shipping bill or a bill of export is presented in respect of such goods; and order for export of such goods has been made by competent customs authorities. Certificates: 2.37 Free Sale and Commerce Certificate....
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.... 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 authorisation in respect of items mentioned as restricted in ITC (HS) and an import authorisation will have to be obtained for such items. (d) India's import and export with regard to USA's unilateral export control items [Crime Control (CC) Items as listed in Appendix 2P(iia) and Regional Security (RS) items as listed in Appendix 2P(iib)] will be governed by the following regulations: Items listed at both Appendix 2P (iia) and Appendix 2P(iib) will be allowed by DGFT for import from USA provided the importer submits the following documents in ANF 2K(i) : (i) documentary proof of Bill of Lading indicating Port of USA, (ii) legal undertaking that goods shall not be exported/ alienated; and (iii) Import is with Actual U....
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....placement 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 certificate issued by customs authorities without an import Authorisation. (b) This procedure shall also apply to cases in which short shipment of goods is certified by foreign supplier, who has agreed to replace free of cost. (c) Cases not covered by above provisions will be considered on merits by DGFT for grant of Authorisation for replacement of goods for which an application may be made as per paragraph 2.50 of HBP. 2.45 Import of Overseas Office Equipment On winding up of overseas offices, set up with approval of RBI, used office equipments and other items may be imported without Authorisation. 2.46 Import of Ammunition by Licensed /Authorised Arms Dealers (a) Import of following types of ammunition are allowed against an Authorisation by licensed arms dealers subject to conditions as may be specified: (i) Shotgun....
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....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 surplus to needs of Actual User, shall be made only with prior permission of RA concerned. Following information alongwith supporting documents shall be furnished with request for grant of permission for transfer, to RA concerned: (i) Reasons for transfer of imported material; (ii) Name, address, IEC number and industrial Authorisation registration, if any, of transferee; (iii) Description, quantity and value of goods imported and those sought to be transferred; (iv) Copies of import Authorisation and bills of entry relating to imports made; (v) Terms and conditions of transfer as agreed upon between buyer and seller. (b) Cases where prior permission is not required (i) in case of sale or otherwise by importer of freely importable goods; (ii) for goods imported with Actual User condition, provided such good is freely importable without Actual User condition on date of transfer (iii) for goods with AU Condition after a period of two years from....
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....l be made only through that port, unless the authorisation holder obtains permission from customs authority concerned to import through any other specified port. (c) EXIM Facilitation Committee (EFC) shall normally meet once every month. Where a case has been deferred in EFC for want of comments from the Technical Authorities and Departments /Ministries concerned but subsequently, NOC(s) has / have been received from the concerned agency(ies) with no divergence in views, authorisation shall be issued with the approval of Chairman, EFC and the case shall be brought before EFC in its subsequent meeting for approval on expost facto basis. 2.52 Import of Restricted items required by Hotels, Restaurants, Travel Agents, Tour Operators and other Specified Categories Items mentioned as restricted for imports in ITC (HS) required by hotels, restaurants, travel agents and tour operators may be allowed against an Authorisation, based on recommendation of Director General, Tourism, Government of India. (a) Hotels, including tourist hotels, recognised by Director General of Tourism, Government of India or a State Government shall be entitled to import Authorisation upto a value of 25% of ....
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....0 Waste and scrap of tinned iron or Steel 6. 72044100 Turnings, shavings, chips, milling waste, saw dust, fillings, trimmings and stampings, whether or not in bundles. 7. 72044900 Other 8. 72045000 Re-melting scrap ingots 9. 74040012 Copper scrap 10. 74040022 Brass scrap 11. 75030010 Nickel scrap 12. 76020010 Aluminium scrap 13. 79020010 Zinc scrap 14. 80020010 Tin scrap 15. 81042010 Magnesium scrap (b) 'Freely' Importable metallic waste and scraps (shredded) as listed above shall be permitted through all ports of India subject to following conditions: (i) At the time of the clearance of goods, importer shall furnish to the Customs pre-shipment inspection certificate as per the format to Appendix 2H from any of the Inspection & Certification agencies given in Appendix-2G, to the effect that the consignment was checked for radiation level and scrap does not contain radiation level (gamma and neutron) in excess of natural background. The certificate shall give the value of background radiation level at that place as also the maximum radiation level on the scrap; and (ii) Importer shall also furnish copy of the contract with the exporter stipulating....
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....rom Customs, DGFT will notify such a port as designated port for import of un-shredded scrap. 15[(ii) The existing designated sea ports namely Chennai, Cochin, Ennore, JNPT, Kandla, Mormugao, Mumbai, New Mangalore, Paradeep, Tuticorin, Vishakhapatnam, Pipava, Mundra and Kolkata will be allowed to import un-shredded scrap till 61[30.09.2022] 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. 61[30.09.2022]] (iii) Further, any ICD can handle clearance of un-shredded metallic scrap provided the same passes through any of the designated sea ports as mentioned above or any new ports to be notified/designated from time to time, where Radiation Portal Monitors and Container Scanner are in operation and the consignment is subjected to risk based scanning/ monitoring as per the protocol laid down by Customs. (iv) 38[Import consignments of metallic waste and scrap shall be subject to pre-shipment inspection certificate (PSIC) from the country of origin. However, metallic waste and scrap (both....
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....the PSIA will be required to give prior intimation to DGFT by sending an email (at [email protected]) and furnishing details of visit / inspection done by the Inspector in PSIC. (g) The applicants may submit their applications initially without bank guarantee, as required under S.No.9 of ANF-2L. Their applications would not be rejected only on the ground of nonsubmission of bank guarantee. Applicants would, however, be required to submit bank guarantee or an equivalent financial instrument, before they are notified as PSIA, by the competent authority, as per FTP/HBP 2015-20. 2.56 Responsibility and Liability of PSIA and Importer (a) In case of any mis-declaration in PSIC or mis-declaration in application form for recognition as PSIA, PSIA would be liable for penal action under Foreign Trade (Development & Regulation) Act, 1992, as amended, in addition to suspension/ cancellation of recognition. (b) The importer and exporter would be jointly and severally responsible for ensuring that the material imported is in accordance with the declaration given in PSIC. In case of any mis-declaration, they shall be liable for penal action under Foreign Trade (Development & Regulati....
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....gencies in Appendix 2I of the Appendices and Aayat Niryat Forms, for certifying residual life as well as valuation / purchase price of capital goods. Tariff Rate Quota Scheme: 47[Para 2.60: Procedure for Import under the Tariff Rate Quota Scheme Imports under the Tariff Rate Quota Scheme is governed as per the Customs Notification No.28/2020-Customs dated 23.06.2020 of Department of Revenue, Ministry of Finance, Government of India as amended from time to time.] 75 [72[(b)Tariff Rate Quota (TRQ) Imports for items as indicated as follows, shall be allocated during financial year 2022-23 only. Item Description ITC (HS) TRQ per Year (in MT) Crude Soya-bean oil, w/n degummed 1507 10 00 20,00,000 Crude Sunflower seed oil 1512 11 10 20,00,000 The duty exemption under the said TRQs may be availed as per Ministry of Finance (Department of Revenue) Notification No. 30/2022-Customs dated 24.05.2022. 68[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), National Cooperative Dairy Federation (....
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....uring FY 2022-23 for import of Crude Sunflower Seed Oil, under ITC (HS) 15121110 is revised to 31.03.2023. Bill of Lading dated on or before 31.03.2023 shall be allowed for imports under Crude Sunflower Seed Oil TRQs till 30.06.2023.]] x. Import consignments landing at Indian Ports after the date of issuance of TRQ licence shall only be considered for clearance under TRQ. Any quantities lying at the Indian ports (under warehousing etc) before the date of issuance of the TRQ license shall not be considered for import clearance under TRQ. xi. 77[****.] 2.62 Conditions applicable on availing quotas All eligible entities are eligible to avail quotas subject to the conditions as detailed below: (i) All eligible entities desiring availment of quota as mentioned above, may make application to EFC in ANF 2M to DGFT, Udyog Bhavan, New Delhi - 110 011. Completed application forms along with prescribed documents must reach on or before 1st March of each financial year preceding to the year of quota (ii) Imports have to be completed before 31st March of financial year i.e. consignments must be cleared by customs authorities before this date. (iii) Since import of maize (c....
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....without an Authorisation by any person connected with Tea industry. (b) Duty free import of samples upto Rs. 3,00,000 for all exporters shall be allowed as per terms and conditions of Customs Notification. 2.66 Exports of Samples / Exhibits (a) Exports of bonafide trade and technical samples of freely exportable item shall be allowed without any limit. (b) An application for export of samples/exhibits, which are restricted for export, may be made to DGFT as per ANF-2Q. Exports: 2.67 Export Policy Policy relating to Exports is given in Chapter-2 of FTP. Further, Schedule 2, Appendix-1 of ITC (HS) specifies list of items, which may be exported without an Authorisation but subject to terms and conditions specified. 2.68 Gifts / Spares / Replacement Goods For export of gifts, indigenous / imported warranty spares and replacement goods in excess of ceiling / period prescribed for exports of Gifts; export of Spares and export of replacement goods in FTP, an application may be made to DGFT in ANF 2Q. 2.69 Export of Items Reserved for MSME Sector Units other than small scale units are permitted to expand or create new capacities in respect of items reserved for small scale se....
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....) An application for grant of Export Authorisation in respect of SCOMET items mentioned in Appendix 3 to Schedule 2 of ITC (HS) Classifications of Export and Import Items may be made in ANF 2O to DGFT (Hqrs) along with documents prescribed therein. (b) However, such applications are mandatorily to be filed through online system under the Icon E-COM on the website of DGFT. The Uniform Resource Locator [URL] for online application is http://dgft.gov.in/CallModule.asp?sch =SCOMET. While submitting the online application, all the required documents including End User Certificates (EUCs) are to be uploaded as PDF files. Manual submission of application is dispensed with except the original End User Certificate(s) in Appendix 2 S from all entities in the chain of supply viz. the foreign buyer, end user and intermediary/consignee (if they are different from the foreign buyer & end user), which is/are to be submitted in hard copy to SCOMET Section of DGFT (HQ), besides electronic submission. (c) Maintenance of Records: Every SCOMET authorisation holder shall maintain the following records in manual or electronic form for a period of 5 years from the date of export or import, as applica....
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.... changed, nor items modified or replicated without consent of Government of India; (b) Neither the items nor replicas nor derivatives thereof will be retransferred without consent of Government of India; (c) End-user shall facilitate such verifications as are required by Government of India. III. The end-user certificate will indicate the name of the item to be exported, the name of the importer, the specific end-use of the subject goods and details of Purchase Order/Contract. IV. Government of India may also require additional formal assurances, as deemed appropriate, including those on end-use and nonretransfer, from the State of the recipient. V. (a) Licensing authority for items in Category 0 and Note 2 of the 'Commodity Identification Note' in Appendix 3 to Schedule 2 of ITC (HS) is Department of Atomic Energy. Applicable guidelines are notified by the Department of Atomic Energy under Atomic Energy Act,1962. For certain items in Category 0, formal assurances from the recipient State will include non-use in any nuclear explosive device. Authorisations for export of certain items in Category 0 will not be granted unless transfer is additionally under adequate ....
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....o be regulated under provisions of the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005. Note 1: Export or attempt to export in violation of any of conditions of Authorisation shall invite civil and/or criminal prosecution. Note 2: Authorisations for export of items in SCOMET List for display or exhibition abroad are subject to a condition of re-import within a period not exceeding six months. Exporters are entitled to apply for an export authorisation for such items exhibited abroad. If exhibitor intends to offer that item for sale during exhibition abroad, such sale shall not take place without a valid Authorisation. Note 3: Export of items in Category 2 of SCOMET list may also be controlled by other applicable guidelines issued from time-to time. Note 4: Exporters are entitled to request that only such conditions need be imposed as are subject of government-to-government instruments of accord over export of items on SCOMET List. Note 5: 'Technology' (see also entry 'Technology' in glossary in Appendix-3 to Schedule 2 of ITC (HS) Classifications of Export and Import Items): Approval of export of an item on the SCOMET List ....
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....evaluation of applications for entering into an arrangement or understanding for site visits, on-site verification and access to records/ documentation: (a) Purpose for which arrangement / understanding is proposed under which site visit or on-site verification or access to records/documentation is to be undertaken. (b) Credentials and details of the parties involved. (c) Credentials of end-user, credibility of declarations of end-use of the items or technology, the integrity of chain of transmission of the item from the supplier to the end-user, and on the potential of the item or technology, including the 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, the objectives of global non-proliferation, or its obligations under treaties to which it is a State party. (d) The assessed risk that the arrangement / understanding could lead to dual-use items and technology falling into the hands of terrorists, terrorist groups and non-State actors. (e) In case site visit, on-site verification or access to records/ documentation is to be carried out by a foreign government or its represen....
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....same SCOMET items to the same country/entities shall be approved by Chairman IMWG, without any consultation with IMWG members. However, in cases of repeat orders for export of same SCOMET items to different country/entities, approval will be granted by Chairman, IMWG after verification of the credentials of foreign buyer/consignee/end user only. The approval will be subject to the fulfillment of the following criteria: (i) Same SCOMET items would imply that the products, along with the technical specifications, are exactly the same for which export authorization has been issued to the applicant exporter earlier after due consultation/verification; (ii) Same country/entities would imply that (a) the foreign buyer (b) the consignee or the intermediaries, if any (c) the end user and (d) the end use are exactly the same for which export authorization has been issued to the applicant exporter earlier after due consultation/verification; (iii) Only the applications submitted within three years from the date of issue of original SCOMET authorization, after due verification/consultation process, will be eligible for repeat authorization; (iv) The cumulative....
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....rescribed proforma (ANF-2O) along with following documents from the stockist: i. Documentary proof regarding corporate relationship between the Indian exporter and stockist; ii. End-use/End-user Certificate from stockist entity abroad in Appendix-2S (iii); iii. List of countries (in the EUC) to which the items imported from India would be exported by the stockist; iv. Purchase Order(s)/Invoice(s) or a document in lieu thereof: v. Technical specifications of the product(s); vi. Copy of Internal Compliance Program (if applicant exporter/ stockist entity has one) In-principle approval for export to the stockist, and, for sale by stockist within the country of the stockist, and, for re-export by stockist to end user in other countries d. The application would be assessed for grant of authorization for export to the stockist, and, for grant of in-principle approval for re-export to specified countries of ultimate end use approved by the IMWG; e. No authorization would be required for transfer from the stockist to the ultimate end user(s) within the country of the stockist and for re-export to end users in such approved countries; f. Re-export to such approved countries w....
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....The Indian exporter (Stock & Sale Authorization holder) shall submit a statement of exports made from India to the stockist, transfers made by the stockist to the final end-users and inventory with the stockist, as on 31st December of each calendar year, by 31st January of the following year. A failure to do so may entail imposition of penalty and /or cancellation of authorization under the stock and sale policy; m. The items exported to the stockist entity under the stock and sale authorization should be transferred to the final end-user(s) within the validity period of the authorization as in paragraph 2.16 of HBP; n. The authorization may be revalidated as per the procedure mentioned in paragraph 2.80 of HBP;] 2.79 B Issue of export authorisation for spare parts of SCOMET items under stock and sale At the request of the applicant, export permission for spare parts covered under SCOMET may be considered by IMWG along with the application for the main item/ equipment which shall be considered on the same conditions, as applicable for the main item/component. Accordingly, the applicant seeking permission for export of spare parts, under stock and sales arrangement, may indicate....
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....r SCOMET Category /Sub-category number(s), quantity, item description and ECCN of foreign country; a. 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; b. That there has no change to the original characteristics/specifications of the item(s) after import; c. That the replacement or repair of defective/damaged items (whichever is applicable) is allowed under the conditions of import or contractual agreement; d. That the defective/damaged item(s) after repair/replacement shall be brought back to India within 90 days of its export; e. 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. 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.&....
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....ment/repair; or c. Warranty policy/conditions on replacement/repair of defective/ damaged items; 3. An Undertaking from the applicant firm; An Undertaking from the applicant exporter (on the letter head of the firm duly signed and stamped by the authorized signatory) stating: a. Details of items to be exported as replacement or after repair alongwith their SCOMET Category /Sub-category number(s); b. That there has been no change to the original characteristics/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 (in case of replacement); f. That, in case the defective/damaged item(s)cannot be imported due to any....
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.... Documentary proof and/or self declaration that the item exempted from license requirement or place under no license requirement for India. 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 and entities of repair facility (if different from exporter) with the entity abroad /OEM (including agency authorized by OEM) defining conditions for undertaking repair in India. 3. An Undertaking from the Indian exporter; An Undertaking from the applicant exporter (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 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 d....
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....nally been issued. Note: Same entity would imply that (a) foreign buyer (b) consignee or intermediaries, if any (c) the end user are exactly the same for which authorisation has been issued to the applicant exporter. g. There has been no change to the original characteristics/specifications of the SCOMET item(s) after repair and no value addition has been done during the repair work; h. No Export Authorisation would be granted when the initial export authorisation has been suspended, modified or revoked by country 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. Exp....
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....ission of Bill of Entry (wherever available), shipping bill details, valid export license copy within the timelines mentioned above. iii. Failure to do so may entail imposition of penalty and / or suspension/revocation of GAER and action as per FTDR Act. D. Validity a) GAER issued for export of imported SCOMET items after repair shall be valid for a period of 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 sy....
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....ation of event [venue, city, country etc.]; (ii) Proof of participation : Documents confirming participation of applicant in the event (demo/display/ exhibition/ tender/RFP/RFQJNIT); (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. 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 dem....
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....splay/Exhibition/ tenders/ RFP/RFQ/NIT; d. That there has been no 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 ....
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....ained 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 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 re-export/return to a....
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....and, 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 Compliance Manager of the company or certified by any Government agency such as Authorized Economic Operator (AEO) scheme etc. e. The exporter agrees to allow on-site inspection, if required by the DGFT or authorized representatives of Government of India; f. No export autho....
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....thorized 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 must ensure that: a. They shall submit original End User Certificate in the prescribed format within 30 days of filing application and in case of subsequent exports, within 30 days of delivery at destination point, after issue of export authorisation; b. They have Agreement/purchase order, excerpt of contract from entity (consignee) receiving the items which states the export is for....
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....ill 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 foreign parent company / another subsidiary of foreign parent company. G. Validity a) GAICT issued for intra-company transfers of SCOMET items including software and technology shall be valid for a period of three years from the date of issue of GAICT; b) GAICT cannot be revalidated in terms of Paragraph 2.80 of HBP of FTP 2015-20. H. Suspension / Revocation GAICT issued shall be liable to be suspended by the DGFT on receipt of intimation about initiat....
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....e 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 ensure the following: i. They shall notify the relevant government authorities in the online portal of DGFT, within 30 days of such export in the prescribed format [Aayat Niryat Form (ANF) - 2O], along with the End-Use Certificate (EUC) in the pr-scribed proforma [Appendix 2S(ii)] and a copy of the bill of entry into the destination country within 30 days of delivery at destination point. ii. They have an agreement or a purchase order, excerpt of contract from entity (consignee / end user) receiving the items which states that the export is ....
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....ribed 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 Operating Procedure (SOP) issued for the purpose by Department of Defence Production. 2.82 Timeline for comments/NOC The members of IMWG will endeavour to furnish their written comments/views/No Objection to DGFT within 30 days from the date of forwarding of applications by DGFT (Hqrs.). If no comments/views/No Objection is received within the stipulated period. The cases will be placed before IMWG for taking a decision as deemed appropriate. Export through State Trading Enterprises (STE): 2.83 Export of Items under (STE) An application under ANF 2N for export of items mentioned in ITC (HS), 2012 under STE regime may be made to DGFT as per paragraph 2.20 of FTP. Provisions for ....
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....d 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 benefit under scheme in which shipment is subsequently converted. 2.89 Offsetting of Export Proceeds Subject to specific approval of RBI, any payables, or equity investment made by an Authorisation holder under any export promotion scheme, can be used to offset receipts of his export proceeds. In such cases, offsetting would be equal to realisation of export proceeds and exporter would have to submit following additional documents: (a) Appendix-2L in lieu of Bank Realisation Certificate. (b) Specific permission of RBI. Provisions related to Quality Certification: 2.90 Quality Certification It has been a constant endeavour to promote quality standards in export product / units manufacturing export product. Agencies authorised to grant Quality....
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....onal (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 SSI and Non-SSI Manufacturers: The manufacturer or exporter shall maintain the data in the parentchild relationship for three levels of packaging i.e. Primary, Secondary and Tertiary packaging and their movement in its supply chain. iii. Maintenance of data of Parent-Child relationship: The data mentioned in (ii) above shall be uploaded on the central portal of the Government of India (http://dava.gov.in) by the manufacturer or exporter or its designated agency before release of the drug formulations for sale or distribution. iv. The responsibility of the correctness, completeness and ensuring timely upload of data on the central portal shall be with the manufacturer or exporter. v. In case, the Government of the importing country has mandated a specific requirement, the exporter has the option of adhering to the same and in such a case, it would not be necessary to comp....
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....ities (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 Authorities is at Appendix-2 T. (c) EPCs acting as the Registering Authorities for RCMC at present will continue to act as Registering Authorities and issue RCMC to their members till 31st March, 2016. EPCs wishing to continue as Registering Authority for their product group thereafter shall have to comply and fulfil the conditions as specified in Paragraph 2.92 below before 31st March, 2016. 2.92 Criteria for EPCs as Registering Authorities In order to make the EPCs truly democratic and participative in nature and for better governance and transparency, the criteria for them to function as Registering Authority are being laid down as under: (a) e-Voting: Electronic Voting would be mandatory for election to the posts of Vice Chairman/Vice President and Executive Committee members with a view to ensuring wider participation. (b) Tenure of Elected Heads: The tenure of an elected head shall not be for more than two years. The election of Chairman/President of the EPC shall be via Vice Chairman/Vice P....
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.... (a) In case of change in ownership, constitution, name or address of an exporter, it shall be obligatory on part of RCMC holder to intimate such change to registering authority within a period of one month from date of such change. Registering authority, however, may condone delays on merits. 56[****] 2.97 De- Registration Registering authority may de-register an RCMC holder for a specified period for violation of conditions of registration. Before such deregistration, RCMC holder shall be given a show cause notice by registering authority, and an adequate and reasonable opportunity to make a representation against the proposed de-registration. Upon de- registration, concerned EPC shall intimate the same to all RAs. 2.98 Appeal Against De-registration A person aggrieved by a decision of registering authority in respect of any matter connected with issue of RCMC may prefer an appeal to DGFT or an officer designated in this behalf within 45 days against said decision and decision of appellate authority shall be final. 2.99 Directives of DGFT DGFT may direct any registering authority to register or deregister an exporter or otherwise issue such other directions to them consis....
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....(iv) India - Bhutan Agreement on Trade Commerce and Transit (v) India - Thailand FTA - Early Harvest Scheme (EHS) (vi) India - Singapore Comprehensive Economic Cooperation Agreement (CECA) (vii) India - ASEAN CECA (Goods, Services and Investment) (viii) India - South Korea Comprehensive Economic Partnership Agreement (CEPA) (ix) India - Japan CEPA (x) India - Malaysia CECA (c) The list of Preferential Trade Agreements (PTAs) signed by India are: (i) Asia Pacific Trade Agreement (APTA) (ii) Global System of Trade Preferences (GSTP) (iii) India - Afghanistan PTA (iv) India - MERCOSUR PTA (v) India - Chile PTA (vi) SAARC Preferential Trading Arrangement (SAPTA) (d) The list of these agreements with the participating countries as well as their entry into force is given in Appendix 2A. 17[(e) Fees chargeable for issuance of preferential Certificate of Origin is as detailed in Appendix - 2K. The same would also be applicable as verification fee for Rules of Origin Certificate issued under any Free Trade Agreements, in case of verification as detailed in Appendix - 2K. However, the provision of Tatkal certificate of origin as being provided by some of the agenci....
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....CoOs, to be followed by all Authorized agencies/Local Administrators is detailed in Annex II to Appendix 2C.] (B) Duty Free Tariff Preference (DFTP) Scheme for LDCs: (a) The mandate for Duty Free Quota Free (DFQF) access to Least Developed Countries (LDCs) came from Paragraph 47 of the Hong Kong Ministerial Declaration of December 2005. India became the first developing country to extend this facility to LDCs through its Duty Free Tariff Preference (DFTP) Scheme for LDCs which came into effect in August, 2008 with tariff reductions spread over five years. The Scheme provided preferential market access on tariff lines that comprise 92.5% of global exports of all LDCs. (b) Subsequently in 2014, the Scheme was modified both with reference to increase in coverage as well as its simplification. This was in response to requests from several LDCs for additional product coverage on lines of of their export interest and simplification of the Rules of Origin procedures. Under the new expanded DFTP Scheme, India is granting duty free access on 96.4% of the total tariff lines, thereby retaining only about 3.6% of lines in the Exclusion and Positive Lists.For details Department of Commerce....
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....- - No.2/2007-Customs dated 5th January 2007 *2500 MT Desiccated Coconut from Sri Lanka 08011100 - - No.2/2007- Customs dated 5th January 2007 *500 MT Articles of apparel and clothing accessories imported from Sri Lanka 61, 62 - 5%/10% 26/2000-Cus List 3 8 million pieces Tea and preparagrap htions thereof imported from Sri Lanka 2101 - 15%/30% 26/2000-Cus List 4 15 million kgs. Vegetable fats (Vanaspati) from Nepal 22/2007-Cus 5th June 2007 1 Lakh MT Acrylic Yarn from Nepal -do- 10,000 MT Copper products from Nepal Chapter 74 of ITC(HS) and 8544 -do- 10,000 MT Zinc Oxide from Nepal -do- 2500MT 29[Crude soya oil from Paraguay under India- Mercosur Trade Agreement 1507 10 00 - 10% 57/2009 dated 30/05/2009 30,000 MT ] * Imports will be permitted subject to the arrangements / Procedure as laid down in Annexure-I of Appendix-2A. 58[Description HS No. In/out of quota rate (%)as per WTO In-quota Tariff rate Notification Tariff Rate Quota Quantity The following items are permitted under the TRQ under India-Mauritius C....
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....n-Preferential) (a) Rules of Origin (Non-Preferential) criteria are as under: (I) Goods are to be manufactured by the exporting entity as per the definition of "Manufacture" in Paragraph 9.31 of FTP; and (II) If imported inputs (Duty Paid or Duty Free) have been used for the production of export product, the export product can be considered to be originating in India (Non Preferential) only if the imported inputs undergo the processing/ operations that exceed the following: (i) simple operations consisting of removal of dust, sifting or screening, sorting, classifying, matching (including the making-up of sets of articles), washing, painting, cutting; (ii) changes of packing and breaking up and assembly of consignments; (iii) simple cutting, slicing and repacking or placing in bottles, flasks, bags, boxes, fixing on cards or boards, and all other simple packing operations; (iv) operations to ensure the preservation of products in good condition during transport and storage (such as drying, freezing, keeping in brine, ventilation, spreading out, chilling, placing in salt, sulphur dioxide or other aqueous solutions, removal of damaged parts, and like operations); (v) ....
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....Similarly, under Para 2.59 of FTP, application for review of decision of any committee or a decision/order by any subordinate Authority in the Directorate General of Foreign Trade is required to be submitted in ANF-2E. (b) Director General of Foreign Trade shall be the Chairman of PRC with all Additional DGFTs, all Joint DGFTs in charge of Policy Divisions in Hqrs as members. The Joint DGFT (PRC) shall act as Member Secretary; and the Committee can Co-opt member/s with specific expertise/experience as and when required. - ******************** Notes:- 1. Substituted vide PUBLIC NOTICE NO. 58/(2015-2020) - Dated 05-02-2018, before it was read as, "When an IEC holder seeks modification/ change of Branch Office/ Head Office/ Registered Office address in its IEC and which involves a shift in its jurisdictional RA, a request to that effect will have to be made to RA concerned under whose jurisdiction the applicant exists. On the basis of this request, the RA (Custodian of the IEC File till now) will process such requests and amend IEC, if found appropriate, under intimation to the RA under whose jurisdiction the applicant wants transfer. The new RA shall allow the person ....
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....- shredded metal scrap, based on assessment of risk associated with un-shredded metal scrap imports." 6. Substituted vide Public Notice No. 03/2015-2020 - Dated 09-05-2018, before it was read as, "(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." 7. Substituted vide Public Notice No.19/2015-20 dated 03-07-2018 before it was read as "(f) Applicability of provisions of relevant bilateral or multilateral Agreements and Arrangements, to which India is a party, or adherent, including but not limited to the guidelines and control lists of the Nuclear Suppliers Group, Missile Technology Control Regime, Australia Group and Wassenaar Arrangement (and its Sensitive List and Very Sensitive List) as updated from time to time." 8. Substituted vide Public Notice No.19/2015-20 dated 03-07-2018 before it was read as "iv. No applications for Authorization for Export of SCOMET items for 'Stock & Sale' purpose would be consi....
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.... to amend their e-IEC's and IEC's in physical format by paying requisite fees and submitting requisite documents to the concerned jurisdictional RA, from where IEC was originally issued. List of RAs, along with their jurisdiction is given in Appendix 1A. (b) An application for modification may be made for change in details like name, address, constitution, ownership in Proprietorship firms, change in nature of the firm e.g. from proprietorship to partnership etc. (c) RAs shall consider applications seeking modification in IEC, involving change in PAN, by ensuring that liabilities of the previous applicant/applicant firm are transferred to the new applicant/applicant firm whose PAN will be reflecting in the modified IEC. RAs must also share the modified IEC, with the changed PAN incorporated in it, with all concerned authorities. (d) RAs shall also take cognizance of the applications digitally signed by power of attorney holders/authorised signatories." 12 Inserted vide Public Notice No. 33/2015-20 dated 04-09-2018 13. Inserted vide Public Notice No. 34/2015-20 dated 04-09-2018 14. Substituted vide Public Notice No. 43/2015-2020 dated 01-11-2018 before it was read as "15....
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....ity under this authorization should be transferred to the final end-user within the validity period of the authorization. The authorization may be revalidated as per the procedure mentioned in Paragraph 2.80 of HBP. 8[iv. No application for authorisation for export of SCOMET items for 'stock and sale' purpose would be considered for items falling in Categories 0 and 6 of the SCOMET list] v. No export Authorisation for 'Stock & Sale' purpose shall be issued for 'Technology' in any category. (b) Application for permission for re-export/re-transfer from 'Stockist' to Ultimate end-user(s) (i) Applications for re-export/re-transfer of items from the stockist entity to the end-user to be submitted to DGFT(Hq) as per ANF 2O(a) along with the following documents (hereinafter referred to as required documents):- a) End-use/End-user certificate from each link in the supply chain as per Appendix- 2S (i)/2S(ii), as applicable b) Purchase Order(s)/Invoice(s) c) Technical specifications of the product to be transferred (only if there is any value addition in the product by the stockist) (ii) Re-transfer within the same country by the stockist:- a) For any further trans....
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....rovide the justification for the same." 17. Inserted vide PUBLIC NOTICE NO. 53/2015-2020 dated 30-11-2018 18. Substituted vide PUBLIC NOTICE NO. 53/2015-2020 dated 30-11-2018 before it was as "(c) 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) being introduced from 1.1.2017, exporters with a REX number will be 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 and this system would eventually phase out the current system of issuance of Certificates of Origin (Form-A) by the Competent Authorities listed in Appendix-2C. The details of the scheme are at Annex 1 to Appendix 2C." 19. Substituted vide Public Notice No. 58/2015-20 dated 12-12-2018 before it was read as "(a) Import / export of exhibits, which are freely importable/exportable, including construction and decorative materials 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-exp....
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.... Issue of authorizations for repair/replacement of SCOMET items A. Authorization for export of imported SCOMET items for replacement/repair: Application for grant of authorization for export of imported SCOMET items to the entity from which it has been imported or to its OEM (including agency authorized by OEM), for the purpose of repair or replacement of damaged/defective items, shall be considered by Chairman IMWG, on the following conditions: (a) The export should only be to the entity from which the item(s) has/have been imported or to the OEM (including agency authorized by OEM); (b) No details on 'End Use' and 'End Use Certificate' would be required; (c) The application is accompanied with the following additional documents (depending on whichever is applicable/appropriate): i. Proof of import of the item(s): a. Bill of entry containing details of the items to be repaired/replaced; b. Export License (if applicable) issued by the foreign country for original import of the items to India; ii. Proof of obligation for replacement or repair of defective/damaged items: Any of the applicable document(s): a. Contract agreement with the supplier/OEM(in....
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....ing the details of the initial export of these items; c. Bill of Entry containing details of the items imported for replacement or repair; ii. Proof of obligation for replacement or repair of defective/damaged items: Letter from the foreign buyer on its letter head, duly signed and stamped, raising the demand for the repair or replacement of the item(s) to be exported and the reason thereof and any of the applicable document(s): a. Contract agreement of the Indian exporter/OEM (including agency authorized by OEM) with the foreign buyer; or b. Purchase order containing terms of replacement/repair; 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 items to be exported as replacement or after repair along with their SCOMET 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....
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.... (c) Tenders/RFP/RFQ/NIT shall be considered by Chairman IMWG, on the following conditions: (a) Such cases would be considered purely on temporary export basis for a specified time period; (b) No end user certificate would be insisted upon in such cases; (c) There shall not be any commercial transaction in the form of selling/buying/renting/leasing; (d) The number of item(s) should be commensurate with the nature of export items and the purpose for which the application is being made; (e) There shall not be any exchange/disclosure of information which could lead to transfer of technology; (f) 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; (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.]....
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....vide PUBLIC NOTICE No. 67/2015-2020 dated 31-03-2020 before it was read as "36[01.04.2020]" 42. Inserted vide PUBLIC NOTICE No. 67/2015-2020 dated 31-03-2020 43. Substituted vide Public Notice No. 10/2015-20 dated 08-06-2020 before it was read as "(b) Export Authorisation including for SCOMET items may be revalidated, on merits for a period of six months at a time and maximum upto 12 months by the RA concerned, except for cases in para 2.16(b) of HBP." 44. Substituted vide Public Notice No. 16/2015-2020 dated 22-09-2020 before it was read as "39[01.10.2020]" 45. Substituted vide Public Notice No. 21/2015-2020 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]" ....
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....xported 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. 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.]" 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 r....
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.... as, "53[01.4.2022]" 63. Inserted vide Public Notice No. 10/2015-20 dated 24-05-2022 64. Inserted vide Public Notice No. 10/2015-20 dated 24-05-2022 65. Substituted vide PUBLIC NOTICE NO. 14 /2015-20 dated 13-06-2022 before it was read as, "28[Para 2.79F - Global Authorisation for Intra-Company Transfers (GAICT) of SCOMET1Items/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, 1C2 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 com....
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....en the foreign parent company and the Indian subsidiary; iii. Classification of item/software/technology in SCOMET (indicating SCOMET category and sub-category); iv. Detailed description of the item intended to be re-exported with relevant 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 (s....
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....e parent company abroad; or iii. Till the validity of Master Service Agreement (MSA) / Contract with the foreign parent company and the Indian subsidiary. b) GAICT cannot be revalidated in terms 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 D....
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....p;PUBLIC NOTICE NO. 50/2015-20 dated 11-01-2023 before it was read as, "The TRQs issued for financial year 2022-23 shall be valid for 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 31st 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 princi....
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....able] 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 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; Repeat Order cases k. Applica....