Execution of Bond and Bank Guarantee (BG) for the purpose of permitting clearance of imported goods under Advance License/EPCG Schemes ; supersession to earlier Public Notice No. 84/2011 and Public Notice No. 81/2011

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....** Board vide Circular No. 58/2004-Cus, dated 21.10.2004 as amended vide Circular No.17/2009-Cus dated 25.05.2009 has prescribed norms for Execution of Bond and Bank Guarantee (BG) for the purpose of permitting clearance of imported goods under Advance License/EPCG Schemes. Circular also clarifies that BG exemption as specified in the said Circulars shall be admissible subject to the condition that, "the Licence Holder should not have been penalized under the provisions of the Customs Act, 1962, the Central Excise Act, 1944, the Foreign Exchange Management Act(FEMA), 1999 or the Foreign Trade (Development ad Regulation) Act, 1992 and Finance Act,1994(Service Tax) during the previous three financial years." Board Circular No 58/2004-Cus., ....

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....ians by the jurisdictional Customs / Central Excise authorities 25% (h) Others 100% Note: The exemption provided at para (g) is applicable only in respect of import of capital goods under EPCG scheme. 2. Attention of all Importers/ Exporters/ Customs Brokers, EPCG Licence Holders and all concerned is invited to the Facility Notice No. 79/2009 dated 01/10/2009, Public Notice No. 81/2011, dated 16.05.2011 and Public Notice No 84/2011 dated 01.06.2011. Keeping in view the facts ascertained during monitoring of EPCG Licenses registered in this Customs House in terms of aforesaid Public Notices, it has been decided to revise the procedure being followed in respect of registration of licenses and execution of Bond and Bank Guarantee for th....

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....s where the exporter is not registered with the Central Excise, but he is a registered member of an Export Promotion Council, he shall produce a certificate from the concerned Export Promotion Council. iii. In other cases the exporter shall produce a certificate duly authenticated by a practicing Chartered Accountant (who is registered with the Central Excise Department for payment of service tax), along with evidences of export to the satisfaction of the Assistant Commissioner or Deputy Commissioner. The Chartered Accountant issuing the certificate will mention his STC code and other registration details in the certificate. In order to ensure compliance of requirements prescribed vide Para 3.2 (b) of said Circular 58/2004-Cus in respe....

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....risdictional Superintendent of Central Excise certifying manufacturing activity; B. For Manufacturer exporters who are not registered with Central Excise: i. In cases where the exporter is not registered with the Central Excise, but he is a registered member of an Export Promotion Council, he shall produce a certificate of proof of export performance along with certificate of status of applicant as "Manufacturer Exporter" from the concerned Export Promotion Council. ii. In other cases, the exporter shall produce a certificate of proof of export performance by a practicing Chartered Accountant (who are registered with the Central Excise Department for payment of service tax) alongwith certificate of status of applicant as "Manufactu....