Form EDF/SOFTEX authority to whom declaration is to be furnished and the manner - FEMA Ready Reckoner - FEMA

Authority to whom declaration is to be furnished and the manner According to Section 7 of FEMA Act, 1999 read with regulation 6 and 7 of Foreign Exchange Management (Export of Goods and Services) Regulations, 2015 . Export of goods or services (to country other than Nepal or Bhutan) is required to make declaration about description and full export value. if full export value is not ascertainable, value should be indicated on self estimates basis - Regulation 3 of FEM (Export of goods and services) Regulation, 2015. Provisions are contained in part B of RBI FED Master Direction no. 16/2015-16 dated 01-01-2016 EDF and SOFTEX forms are given in part IX(1) of RBI FED Master Direction No. 18/2015 dated 01-01-2016 on Reporting . Forms Form EDF : To be completed in duplicate for export from non EDI ports. Form SOFTEX : To be completed in triplicate for declaration of export of software otherwise than in physical form, i.e. magnetic tapes/discs, and paper media. Authority to whom declaration is to be furnished and the manner of dealing with the declaration - Regulation 6 A) Declaration in Form EDF (i) It shall be submitted in duplicate to the Commissioner of Customs. (ii) After duly verifying and authenticating the declaration form , the Commissioner of Customs shall forward the original declaration form/data to the nearest office of the Reserve Bank and hand over the duplicate form to the exporter for being submitted to the authorised dealer. B) Declaration in Form SOFTEX (i) The declaration in Form SOFTEX in respect of export of computer software and audio/ video/ television software shall be submitted in triplicate to the designated official of Ministry of Information Technology, Government of India at the Software Technology Parks of India (STPIs); or at the Free Trade Zones (FTZs) in India or Special Economic Zones (SEZs) in India. (ii) After certifying all three copies of the SOFTEX form , the said designated official shall forward the original directly to the nearest office of the Reserve Bank and return the duplicate to the exporter; the triplicate shall be retained by the designated official for record. C) Duplicate Declaration Forms to be retained with Authorised Dealers (i) On the realisation of the export proceeds, the duplicate copies of export declaration forms viz. EDF and SOFTEX shall be retained by the Authorised Dealers. Evidence in support of declaration - Regulation 7 The Commissioner of Customs or the postal authority or the official of Department of Electronics, to whom the declaration form is submitted, may, in order to satisfy themselves of due compliance with Section 7 of the Act and these regulations, require such evidence in support of the declaration as may establish that a) the exporter is a person resident in India and has a place of business in India ; b) the destination stated on the declaration is the (in which country, ultimately goods imported and cleared through customs of that country) of the goods exported; c) the value stated in the declaration represents 1) the full export value of the goods or software; or 2) where the full export value of the goods or software is not ascertainable at the time of export, the value which the exporter, having regard to the prevailing market conditions expects to receive on the sale of the goods in the overseas market.