TaxTMI 
TaxTMI 
Amendment in Paragraph 2.79C in the Handbook of Procedures of the Foreign Trade Policy (FTP) 2015-20 to notify the procedure for repair/replacement of SCOMET items
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....5-20, the Director General of Foreign Trade (DGFT) hereby makes amendment in Paragraph 2.79C of Handbook of Procedures (HBP) of FTP 2015-20, with immediate effect. 2. Para 2.79C relating to export of SCOMET items for (i) repair/replacement of imported item(s) abroad and return (ii) repair/replacement of indigenous SCOMET items (iii) repair of imported items in India and return, will be substituted as under: "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 bei....
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....ty 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 imported items to be exported after repair alongwith their 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 c....
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.... (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 exporter; (c) There has been no change to the original characteristics/specifications of SCOMET item(s); (d) 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); (e) No authorization .for re-export would be granted if the original licence has been suspended, modified or revoked. ....
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....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 brou....
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....ems are to be exported to the same entity abroad from which the item(s) has/have been imported or to the OEM (including agency ^2authorised by OEM); (c) There has been no change to the original characteristics/specifications of the SCOMET item(s) after repair; (d) No Export Authorisation would be granted when the initial export authorisation has been suspended, modified or revoked by country of import; (e) 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; (f) No details of 'End Use' and 'End Use Certificate' would be required; ii. Documents Required ....
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....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), 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.....