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LEGAL FRAMEWORK AND TRADE FACILITATION

Chapter 1 - Foreign Trade Policy - DGFT - Chapter 1 - FOREIGN TRADE POLICY [1st April, 2015 - 31st March, 2020] CHAPTER 1 A. LEGAL FRAMEWORK 1.00 Legal Basis of Foreign Trade Policy (FTP) The Foreign Trade Policy, 2015-20, is notified by Central Government, in exercise of powers conferred under Section 5 of the Foreign Trade (Development & Regulation) Act, 1992 (No. 22 of 1992) [FT (D&R) Act], as amended. 1.01 Duration of FTP The Foreign Trade Policy (FTP), 2015-2020, incorporating provi .....

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ght to make any amendment to the FTP, by means of notification, in public interest. 1.03 Hand Book of Procedures (HBP) and Appendices & Aayat Niryat Forms (AANF): Director General of Foreign Trade (DGFT) may, by means of a Public Notice, notify Hand Book of Procedures, including Appendices and Aayat Niryat Forms or amendment thereto, if any, laying down the procedure to be followed by an exporter or importer or by any Licensing/Regional Authority or by any other authority for purposes of imp .....

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for the purpose and duration for which such License/Authorisation/ Certificate / Scrip / any instrument bestowing financial or fiscal benefit Authorisation was issued, unless otherwise stipulated. (b) In case an export or import that is permitted freely under FTP is subsequently subjected to any restriction or regulation, such export or import will ordinarily be permitted, notwithstanding such restriction or regulation, unless otherwise stipulated. This is subject to the condition that the ship .....

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days of the imposition of any such restriction or regulation. B. TRADE FACILITATION & EASE OF DOING BUSINESS 1.06 Objective Trade facilitation is a priority of the Government for cutting down the transaction cost and time, thereby rendering Indian exports more competitive. The various provisions of FTP and measures taken by the Government in the direction of trade facilitation are consolidated under this chapter for the benefit of stakeholders of import and export trade. 1.07 DGFT as a faci .....

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and potential exporter on the intricacies of foreign trade through counselling, training and outreach programmes. (b) Considering the strategic significance of small and medium scale enterprises in the manufacturing sector and in employment generation, MSME clusters have been identified, based on the export potential of the product and the density of industries in the cluster, for focussed interventions to boost exports. (c) Outreach activities shall be organized in a structured way with the hel .....

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egistration and Monitoring System An EDI Help Desk is available to assist the exporters in filing online applications on the DGFT portal and resolving other EDI related issues. For assistance an email may be sent at dgftedi@nic.in or Toll Free number 1800111550 can be used. Help Desk facility is also operational at the 4 DGFT Zonal Offices (details at http://dgft.gov.in). An Online Complaint registration and monitoring system allows users to register complaint and receive status/ reply online (d .....

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rocessing of such applications by Regional Authority (RAs) of DGFT would be done online and a digitally signed e-IEC would normally be issued/ e-mailed to the applicant within 2 working days. (c) In case the application is incomplete or otherwise ineligible, the same shall be rejected and a Rejection letter/email (with reasons for rejection) would be sent to the applicant. (d) Application for issue of e-IEC can also be made from eBiz platform (https://www.ebiz.gov.in). 1.12 e-BRC One prominent i .....

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for sharing of e-BRC data MoU has been signed with state governments for sharing of e-BRC data to facilitate refund of VAT by the state governments to exporters. MoU has also been signed with Enforcement Directorate. 1.14 Exporter Importer Profile An electronic procedure has been created to upload various documents in exporter importer profile. Once uploaded, there will be no need to submit these documents / copies of these documents to Regional Authority repeatedly with each application. It int .....

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h speed internet. The applications are received and processed electronically. DGFT under the EDI initiatives has provided the facility of on line filing of applications to obtain Importer Exporter Code and various authorizations /scrips. DGFT is one of the first digital signature enabled organisation of the Government of India (GOI), which has introduced a higher level of Encrypted 2048 bit digital signature. There is a web interface for online filing of application after accessing DGFT website .....

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the physical interface. 1.17 Online Inter-ministerial consultation Presently, the exporters are required to file applications online on the website of DGFT under the Icon E-COM and are required to submit the duly signed and stamped printout of the online application along with all the necessary documents viz. technical specifications, literature etc. Now, a facility is being provided to upload copies of all the required documents including technical specifications, literature etc in PDF/JPG/JPEG .....

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ny Secretary / Cost Accountant In order to move towards paperless processing, an electronic procedure is being developed to upload digitally signed documents by Chartered Accountant / Company Secretary / Cost Accountant. To start with, this facility would be created for Export From India Schemes under Chapter 3. Such documents like Annexure Attached to ANF 3B, ANF 3C and ANF 3D, which are at present signed by these signatories, can be facilitated by this procedure. Exporter shall link digitally .....

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ons established with other administrative departments, namely, Customs, Banks and EPCs. This has reduced the physical interface of exporters and importers with the Government Departments and is a significant measure in the direction of reduction of transaction cost. The endeavour of DGFT has been to enlarge the scope of EDI to achieve higher level of integration with partner departments. 1.20 Message Exchange with Community partners Customs, Banks, Export Promotion Councils (EPCs) are major comm .....

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ter Code Number (ii) Application for e-IEC. (c) Message Exchange with Banks (i) Application Fee (ii) electronic Bank Realisation Certificate (e-BRC) data (d) Message Exchange with EPCs Registration cum Membership Certificate (RCMC) data. 1.21 Encouraging development of Third Party API DGFT will encourage development of third party software for integration with its system to offer users multiple options for interfacing with the DGFT. 1.22 Forthcoming e-Governance Initiatives DGFT is currently wor .....

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n fee under FTP. (vii) Open API for submission of e-IEC application. (viii) Mobile Applications for FTP. 1.23 Free passage of Export consignment Consignments of items meant for exports shall not be withheld/ delayed for any reason by any agency of Central/ State Government. In case of any doubt, authorities concerned may ask for an undertaking from exporter and release such consignment. 1.24 No seizure of export related Stock No seizure shall be made by any agency so as to disrupt manufacturing .....

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Bills has been made available, at the 18 sea ports at : Chennai, Cochin, Ennore, Gopalpur, JNPT, Kakinada, Kandla, Kolkata, Mumbai, New Mangalore, Marmagoa, Mundra, Okha, Paradeep, Pipavav, Sikka, Tuticorin, Vishakapatnam. (b) The facility of 24 X 7 Customs clearance for specified imports viz. Goods covered by facilitated Bills of Entry and all exports viz. Goods covered by all Shipping Bills has also been made available at the 17 air cargo complexes at: Ahmedabad, Amritsar, Bangalore, Chennai, .....

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ess. (b) Single Window provides a common platform to trade to meet requirements of all regulatory agencies (such as Animal Quarantine, Plant Quarantine, Drug Controller, Textile Committee, etc) involved in exim trade through message exchange. Single Window Scheme is basically a network of cooperating facilities bound by trust and set of agreed interface specifications in which trade has seamless access to regulatory services delivered through electronic means. Benefits of Single Window Scheme in .....

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orised Economic Operator (AEO) Programme Based upon WCO s SAFE Framework of Standards (FoS), Authorised Economic Operator (AEO) programme has been developed by Indian Customs to enable business involved in the international trade to reap the following benefits: (i) Secure supply chain from point of export to import; (ii) Ability to demonstrate compliance with security standards when contracting to supply overseas importers / exporters; (iii) Enhanced border clearance privileges in Mutual Recogni .....

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he AEO programme is expected to result in Mutual Recognition Agreements (MRA) with these Customs administrations. MRAs would ensure export goods get due Customs facilitation at the point of entry in the foreign country. Apart from securing supply chain, the benefits include reduction in dwell time and consequent cost of doing business. Indian Customs has signed MRA with Hong Kong Customs to recognise respective AEO Programmes to enable trade to get benefits on reciprocal basis. Indian Customs is .....

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ion of EGM errors, there is a mechanism of monthly monitoring of EGMs by Chief Commissioners of Customs to ensure that facilitation does not lag on this account (Instruction No. 603/01/2011-DBK dated 31.07.2013). 1.31 Facility of Common Bond / LUT against authorizations issued under different EP Schemes CBEC Circular 11(A)/2011-Cus dated 25.02.2011 has provided the financial year-wise facility of executing common Bond/LUT against Advance Authorization (AA)/Export Promotion Capital Goods (EPCG) A .....

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ional nodal agencies to be accredited by Agricultural and Processed Food Products Export Development Authority (APEDA), New Delhi. The detailed procedure has been notified at Appendix 1C to Appendices & ANFs. 1.34 Time Release Study (TRS) Central Board of Excise and Customs has decided to undertake Time Release Study (TRS) as per WCO guidelines at major Customs locations on six monthly basis. WCO Time Release Study (TRS) is a unique tool and method for measuring the actual performance of Cus .....

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rial clusters with a view to maximize their potential and enable them to move up the value chain and also to tap new markets. (b) Selected towns producing goods of ₹ 750 Crore or more may be notified as TEE based on potential for growth in exports. However for TEE in Handloom, Handicraft, Agriculture and Fisheries sector, threshold limit would be ₹ 150 Crore. The following facilities will be provided to such TEE s: (i) Recognized associations of units will be provided financial assis .....

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