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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. - DGFT - 63/2015-2020

Extract

..... 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 extended time allowed) controlled under SCOMET Control List, is illustrated as under: Purpose Relevant Para of HBP Items covered Relevant Public Notice No. & date Export for Repair/replacement 2.79C(A) Authorisation for export of imported SCOMET items for repair/return PN No. 36 dated 27.09.2019 Re-export after repair/repla .....

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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. - DGFT

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..... ssion 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 and IEC no.) hereinafter referred to as party which expression shall be deemed to his/her heirs, executors/ administrators, legal representatives/successors. AND The President of India (hereinafter referred to as the Government which expression shall include his successors in office and assigns) The party undertakes that it intends to export/re-export the SCOMET items as described in Table 1 below subject to compliance of re .....

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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. - DGFT

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..... in the……………………….(Name of the entity, country) shall not be transferred or disposed off without prior permission of the DGFT; (v) That the repair/replacement of defective items for various reason(s) is allowed under the terms and conditions of the Purchase Order / Service Agreement/ Contractual Agreement signed between……………………........(name of entities); (vi) That there is no change/s made to the specifications of these SCOMET items after import in India and the items are being exported for repair/replacement without any value addition; (vii) That, in case the defective /damaged item(s) cannot be imported back due to any reas .....

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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. - DGFT

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..... been brought back or would be brought back to India within 90 days of its replacement (in case of replacement, if applicable) (vi) 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 within 90 days of export of replacement. C. For Export of SCOMET item(s) on temporary basis (for demo/display/exhibition/tenders/ RFP/RFQ/NIT purposes) in terms of Public Notice No. 50/2015-20 dated 27.12.2019 (as amended) (i) The SCOMET item(s) as in Table 1 above are being exported to____________(country) for demo/display / exhibition / Tenders / RFP /RFQ/NIT purpose(s) (whichever is applicable)during the period fro .....

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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. - DGFT

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..... f Export and Import Items and Custom Act, 1962. (iii) That notwithstanding any right Government may have against the party in any form and notwithstanding any dispute raised by the party in any form, the Government's written demand to the party shall be final and binding. (iv) That nothing in this Agreement shall debar the Government from modifying the said SCOMET policy from time to time and/or from implementing any such modified policy as if it is in force at the date of this Agreement. IN THE WITNESS THEREOF the party hereto has duly executed this agreement on this____day____of____year signed, sealed and delivery by the party in the presence of: Signature_____________ Designation_____________ (Full and expanded description of the par .....

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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. - DGFT

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..... the conditions of DGFT's relevant Public Notice No………………..dated, l/We hereby confirm the following: (i) that items permitted vide SCOMET Export Authorisation No.___________dated_____________has/have been returned to India from_____________(company, country) on______________(date) are illustrated in the Table 1 below Or (ii) that defective/damaged item(s) permitted vide SCOMET Export Authorisation No.______________dated_____________ has/have been brought back to India from__________(company, country) on_____________ (date) are illustrated in the Table 1 below Table 1 [Details of return of the SCOMET item(s)] Export Authorisation No.________________dated_________ DGFT(Hq) File No. ...... S.No. Ite .....

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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. - DGFT

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