TaxTMI 
TaxTMI 
Amendment in Paragraph 2.79F in the Handbook of Procedures of the Foreign Trade Policy (FTP) 2015-20 to lay down the procedure for Global Authorization for Intra-Company Transfer (GAICT) of SCOMET items/software/technology
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.... Transfers (GAICT) of SCOMET Items/Software/Technology A. Scope and Eligibility: Pre-export authorization will not be required, for export and/or re-export of SCOMET items including software and technology under SCOMET Category 8 (except items listed in Annexure-I), subject to the following conditions: i. where the export is an Intra-company transfer from the Indian parent company (applicant exporter) to its foreign subsidiary company or from the Indian subsidiary of foreign company (applicant exporter) to its foreign parent/another subsidiary of foreign parent company and; Note: In case of third party involvement in the supply chain, the end user has to be a foreign parent / another subsidiary of foreign parent company or a subsidiary company of Indian company. ii. where the transfer fulfils the conditions mentioned at (a) to (f) below: a. The items/software/technology to be exported/re-exported is based on a Master Service Agreement / Contract between the Indian parent company/Indian subsidiary of foreign company and foreign subsidiary of Indian company/foreign parent company of Indian subsidiary for carrying out certain services but not lim....
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.... mentioned in para 2.B below. B. Procedure for grant of Global Authorization for Intra-Company Transfers (GAICT) Filing and Assessment of Application a. In respect of export/re-export of SCOMET items including software and technology ,the applicant exporter shall submit an application for GAICT through online SCOMET portal and attach information in proforma - ANF 2O(b); b. The application would be assessed for the issue of GAICT by Inter-Ministerial Working Group (IMWG) based on the submission of the application and other supporting documents by the applicant exporter in the prescribed proforma; i. Documentary proof of the corporate relationship between the Indian parent company (applicant exporter) and its foreign subsidiary company or between the Indian subsidiary of foreign company (applicant exporter) and its foreign parent / another subsidiary of foreign parent company ; ii. Classification of item including software and technology in SCOMET (indicating SCOMET category and sub-category); iii. Documentary proof of License Exception /Temporary license from the country of the parent company abroad or from subsidiaries of the parent company ab....
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....dicating item description in case of third party involvement in the supply chain (if applicable) x. 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]) or a procedure as prescribed by DGFT, 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 submitted in proforma ANF 2 O (c) along with a copy of EUC in Appendix 2S (iv) within the timelines mentioned above, from the foreign subsidiary company or foreign parent company / another subsidiary of foreign parent company; c. Failure to do so may entail imposition of penalty and / or suspension/revocation of GAICT. Note: Revised ANF (Aryat Niryat Form) - ANF 20(b), ANF 20(c) and End Use Certificate proforma Appendix 2S (iv) enclosed with this Public Notice. ....
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....eports/documents within the prescribed timelines or for non-compliance of any of the condition of this Public Notice. 3. Effect of this Public Notice: Existing entry at Paragraph 2.79F has been substituted in the Handbook of Procedures (HBP) of the Foreign Trade Policy (FTP) 2015-20 to amend the procedure for issue of Global Authorisation for Intra-Company Transfer (GAICT) of SCOMET items including software and technology. Henceforth, GAICT policy would be applicable only for export / re-export of items, including software and technology under SCOMET Category 8 (except items listed in Annexure-I), and to only the countries listed in Table 1 above. Revised ANF (Aayat Niryat Form) - ANF 20(b), ANF 20(c) and End Use Certificate proforma Appendix 2S (iv) for applying for GAICT also notified. SANTOSH KUMAR SARANGI, Director General of Foreign Trade & Ex-officio Addl. Secy. ============= Document 1 [à¤à¤¾à¤— I–खणà¥à¤¡ 1] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण ANF-2 O(b) 27 APPLICATION FORM FOR EXPORT OF SCOMET ITEMS INCLUDING ....
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.... Brand iii. Model no./ Part No (if applicable). Intangible Transfer of Software/Technology [à¤à¤¾à¤— I –खणà¥à¤¡ 1] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण SECTION B: CRYPTOGRAPHY NOTE (leave, if not applicable) i. Is the item available and sold from stock at 'retail selling points' without restrictions', to the general public' through any of the following means? (a) Over-the-counter transactions_ (b) Mail order transactions (c) Electronic transactions (d) Telephone call transactions If yes, then provide details ii. Can the user easily change the cryptographic functionality of the item what is specified in the manufacture's specification? Yes No iii. Is the item designed for installation by the user without further substantial support by the supplier? Yes No SECTION C: TECHNICAL QUESTION (leave, if not applicable) Does the item contain the following cryptographic functions? 1. A "symmetric algorithm" employing a key length in excess of 56 bits, not including parity bits? Yes No ....
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.... [à¤à¤¾à¤— I –खणà¥à¤¡ 1] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण 5. Shipment Details (In case of Intangible Transfer of Technology (ITT)) i. Mode of Export Over the counter transactions Mail Order Electronic Telephone Others Transactions transactions call transactions ii. Countries to which item to be exported iv. Ultimate Destination Country 6A. Consignee* Details (If different from ultimate end user) * The DGFT need to be informed in advance in case of any new consignee is involved. i. Name ii. Address iii. Tele phone No. iv. Fax No. v. E-mail Flat/Plot/Block No. Street/Area/Locality City Country Postal Code Country Code Area Code Tel. No. (1) (2) Country Code Area Code Fax No. 31 32 THE GAZETTE OF INDIA: EXTRAORDINARY 6B. Intermediary* Details (If third party involved) (leave if not applicable) *The DGFT need to be informed in advance in case of any new intermediary is involved. i. Name ii. Address Flat/Plot/Block No. Str....
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.... iii. Application Fee submission details viz. Amount in Rupees, Demand Draft No./Electronic Fund 9B. Transfer No. and Date and the name & branch of the bank on which drawn Jurisdictional Regional Authority (from where the company has been issued IEC or having branch office): I/We hereby certify that: DECLARATION/UNDERTAKING (i) (ii) (iv) I/We hereby declare that the particulars and the statements made in this application are true and correct to the best of my/our knowledge and belief and nothing has been concealed or held the refrom. I/We fully understand that any information furnished in the application if found incorrect or false will render me / us liable for any penal action or other consequences as may be prescribed in law or otherwise warranted. I/We undertake to abide by the provisions of the FT (D & R) Act, 1992, as amended, the Rules and Orders framed thereunder, FTP, HBP, Appendices and Aayat Niryat Forms and ITC(HS). I/We hereby certif. that: A. The entity for whom the application has been made have not been penalized under any of the following Acts (as amended from time....
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....cant Name Designation Official Address Telephone Place: Date: Country Code Area Code Tel.No. [à¤à¤¾à¤— I –खणà¥à¤¡ 1] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण ANF-20 (c) APPLICATION FORM FOR POST REPORTING FOR RE-EXPORT OF SCOMET ITEMS/SOFTWARE/TECHNOLOGY [UNDER GLOBAL AUTHORISATION FOR INTRA COMPANY TRANSFER(GAICT)) LISTED IN APPENDIX 3 TO SCHEDULE 2 OF ITC (HS) CLASSIFICATION 1. General Information i. GAICT Authorization No. (13 digit) and date ii. GAICT Authorization date (DD/MM/YY) iii. IEC iv. Name of the applicant exporter: V. Address Flat/Plot/Block No. Street/Area/Locality City vi. Tele No. State (1) (2) PIN Code Country Code Area Co de Tel. No. 35 36 vii. Fax No. THE GAZETTE OF INDIA: EXTRAORDINARY Country Code Area Code Fax No. 2. Details of the shipment for (Tick the appropriate) Quarter Please tick the period opted Date of Submission of post shipment details (dd/mm/yy) Jan to March April to ....
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....ress of New Intermediary/third party (Including Pin code and Telephone no.) Purpose of export to Third party * The DGFT need to be informed in advance in case of any new Intermediary/third party is involved. 5. Documents Attached: Sl. No. Name of the document 1. 2. 5. 6. EUC from foreign subsidiary(ies) of Indian Parent company or foreign parent company / another subsidiary of foreign parent company in appendix 2S(iv) Purchase Order /Service agreement/ Master Service agreement (MSA)/Contract (if amended) Bill of Entry Other relevant documents (If any) Please specify Attached (Yes/No) [à¤à¤¾à¤— I – खणà¥à¤¡ 1] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण APPENDIX-2 S (iv) END USE CUM END USER CERTIFICATE IN CASE OF GLOBAL AUTHORIZATION FOR INTRA COMPANY TRANSFER (GAICT) PART 1: PARTIES CONCERNED a) Name of Exporter b) Intermediary Name (if any) c) Intermediary Address (if any) d) Name of End User e) End-User's Address f) Zip code TeleNo. Email Fax g) S....
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.... by the Government of India, as may be applicable. In case the above mentioned item(s) include(s) technology, we certify that it will be treated as strictly confidential. i) End Use of the items shall not be changed nor the items modified or replicated without the prior consent of the Government of India (This will be optional in case the ownership/patent of the items is with the foreign parent company). j) I/we shall not myself/our self, or through another, cause the items, or replicas, or derivatives thereof to be re-exported/re-transferred/sold without the consent of the licensing authority of the country of the end user, to any party within country of final destination or outside it, unless specifically exempted in the export authorization. k) I/We also certify that the above items and/or replicas thereof will not 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. The items will be used for civil purposes only. [PART I SEC.1] [à¤à¤¾à¤— I–à....