Proforma of Undertaking in the form of Legal Agreement for grant of permission for export/re-export of items under SCOMET Control List for repair/replacement and display/exhibition/tender purposes.

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....er Paragraph 1.03 of the Foreign Trade Policy (FTP) 2015-20, the Director General of Foreign Trade (DGFT) hereby notifies the proforma of Undertaking, in the form of Legal Agreement, to bring back the SCOMET items, within the stipulated period (or extended time allowed), exported temporarily (wherever applicable) for the purpose of repair/replacement/ demo/display/exhibition/tender/ RFP/RFQ/NIT in terms of Public Notice No. 36 dated 27.09.2019 and Public Notice No. 50 dated 27.12.2019, under para 2.79 of the Handbook of Procedures (HBP) of the Foreign Trade Policy (FTP) 2015-20, as amended from time to time, with immediate effect. 2. The requirement of an Undertaking to bring back the SCOMET item(s), within the stipulated period (or exte....

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....d for the purpose of repair/replacement/demo/display/exhibition/tender/RFP/RFQ/NIT.  (Amit Yadav) Director General of Foreign Trade Ex-officio Additional Secretary, Government of India [Issued from F.No.01/91/180/18/AM-17/EC] APPENDIX - 2AA Legal Undertaking (For Export/Re-export of SCOMET items) To The President of India (acting through the Director General of Foreign Trade (which expression shall be deemed to include the Joint Director General of Foreign Trade/Deputy Director General of Foreign Trade) Ministry of Commerce, Udyog Bhavan, New Delhi - 110011. This DEED Agreement made on_________day of_________month________year between_____________(full expanded name of the Exporter with complete address ....

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....g exported to_______________(Name, address and country of original supplier or OEM or OEM authorised vendor) for repair/replacement on found being defective. (ii) To abide by the terms and conditions prescribed in Public Notice No. 36/2015-20 dated 27.09.2019 for export of imported SCOMET items for repair/replacement; (iii) To re-import SCOMET items within the stipulated period of time (90 days) of its export or as may be allowed by DGFT as per the conditions of SCOMET policy in terms of Public Notice No. 36/2015-20 dated 27.09.2019 on written request of the party; (iv) That the items that are meant for repair/replacement in the............................(Name of the entity, country) shall not be transferred or d....

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....erms and conditions prescribed in Public Notice No. 36 dated 27.09.2019 for re-export of indigenous SCOMET items after repair/replacement. (iii) That there has been no change/s made to the original characteristics/specifications of these SCOMET items after repair/replacement and the items are going back without any value addition. (iv) That the repair/replacement is allowed under the terms and conditions of the Purchase Order / Service Agreement/ Contractual Agreement signed between..........................(name of Entities); (v) 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, if applicable) ....

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....; ll. General Conditions (i) To intimate the return of the repaired / replaced / damaged /defective exported SCOMET items (whichever is applicable) or item(s) exported for demo/display/exhibition etc. purposes to DGFT (Hq) within 30 days from the date of import, alongwith BOE and export license of foreign country (if applicable) in the proforma annexed to the Public Notice No. 63... dated ...18.02.2020. (ii) To abide by the provisions of the Foreign Trade (Development and Regulation) Act, 1992, as amended from time to time, the Rules and Orders framed there under, the Foreign Trade Policy, the Handbook of Procedure, the 'Appendix 3' to Schedule 2 of ITC (HS) Classification of Export and Import Items and Custom A....

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....rization for export of imported SCOMET items on return basis vide SCOMET authorisation No.__________dated____________in terms of Part A of Public Notice No. 36/2015-20 dated 27.09.2019 (as amended). Or l/We,_________(company name),__________(complete address), had obtained SCOMET export authorization for re-export of indigenous SCOMET items vide SCOMET authorisation No.__________dated____________in terms of Part B of Public Notice No. 36 dated 27.09.2019 (as amended). Or l/We,__________(company name),____________ (complete address), had obtained SCOMET export authorization for export of SCOMET items for temporary purposes (demo/display/exhibition/tender).................. vide SCOMET authorisation No.________dated________in term....