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LEGAL FRAMEWORK AND TRADE FACILITATION

Chapter 1 - Policy - Foreign Trade Policy - DGFT - Chapter 1 - CHAPTER 1 A. LEGAL FRAMEWORK 1.00 Legal Basis of Foreign Trade Policy (FTP) The Foreign Trade Policy, 2015-20, (as updated) w.e.f. 05.12.2017is 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,(as updated) w.e.f. 05.12.2017 incorpor .....

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rves the right 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 purpo .....

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05.12.2017shall continue to be valid for the purpose and duration for which it was issued, 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 stipul .....

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thority (RA) against computerized receipt, within 15 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 stakehold .....

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menting the Niryat Bandhu Scheme for mentoring new 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 .....

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arious services to clients. Time line for disposal of an Application is given in Para 9.10 of HBP. 1.10 Online Complaint Registration 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 .....

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the documents and pay the requisite fee through Net banking. Applicant shall, however, submit the application duly signed digitally. (b) Processing 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 t .....

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ysical interface with the stake holders. (b) RBI has also developed a comprehensive IT-based system called Export Data Processing and Monitoring System (EDPMS) for monitoring of export of goods and software and facilitating AD banks to report various returns through a single platform. 1.13 MoU with State Governments for sharing of e-BRC data MOU has been signed with 14 state governments for sharing of e-BRC data to facilitate refund of VAT/GST by the state government to exporters. MOU has also b .....

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time and is a step towards paperless processing of different applications in DGFT. 1.15 Reduction in mandatory documents required for Export and Import The number of mandatory documents required for exports and imports of goods from/into India have been reduced to three each, as prescribed under paragraph 2.06 of FTP. 1.16 Facility of online filing of applications All the Regional Authorities (RA) of DGFT and extension counters have been networked with high speed internet. The applications are .....

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an be filed by exporter/CHA sitting at home or office in 24X7 environments. Application fee can also be paid online from linked banks or by using debit/credit card. The applications are signed with a digital signature and submitted electronically to the concerned Regional Authority of DGFT, which are then processed on computer by the Regional Authority and Authorisations/ scrip s are issued. Online filing of Application has minimized the physical interface with RA. 1.17 Online Inter-ministerial .....

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(a) Fixation of norms under Advance Authorisation by Norms Committees (b) Export of Restricted Items (c) Import of Restricted Items (d) SCOMET Items. The exporters would not be required to submit the hard copy of application except architectural drawings, machine drawings etc which may be difficult to scan and upload. The processing of the applications will also be done online. 1.18 Facility to upload documents by CA/ CS / Cost Accountant In order to move towards paperless processing, an electro .....

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cilities may be extended in phased manner to upload documents pertaining to other schemes like Advance Authorisation, DFIA and EPCG. 1.19 Electronic Data Interchange (EDI) DGFT has put in place a robust EDI system for the purpose of export facilitation and good governance. DGFT has set up a secured EDI message exchange system for various documentation related activities including import and export Authorisations established with other administrative departments, namely, Customs, Banks and EPCs. .....

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place with various community partners which is as follows: (a) Message Exchange with Customs (i) Importer Exporter Code Number. (ii) Authorisations/Scrips for DFIA, AA, EPCG. (iii) Shipping Bills for Duty Free Import Authorisation (DFIA), Advance Authorisation (AA), Export Promotion Capital Goods (EPCG), Reward Scrips. (b) Message Exchange with eBiz (https://www.ebiz.gov.in): Application for e-IEC. (c) Message Exchange with Banks (i) Application Fee (ii) electronic Bank Realisation Certificate ( .....

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details) from Customs to DGFT. (ii) Online issuance of Export Obligation Discharge Certificate (EODC). (iii) Message exchange with Ministry of Corporate Affairs for CIN & DIN Information. (iv) Message exchange with CBDT for PAN. (v) Open API for submission of e-IEC Application. (vi) 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 a .....

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ance CBEC introduced the facility of 24 X 7 customs clearance in the year 2012 for facilitated Bills of Entry and factory stuffed container and goods exported under free Shipping Bills. At present, this facility is available at 19 sea port and 17 air cargo complexes. The 24 X 7 Customs clearance facility has now been extended to all Bills of Entry (not only facilitated Bills of Entry) at 19 sea port and 17 Air Cargo Complexes. Further, no MOT charges are required to be collected in respect of th .....

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ttee etc.) is obtained online without the importer/exporter having to separately approach these agencies. Benefits of Single Window Scheme include: a. Reduced Cost of doing business; b. Enhanced transparency; c. Reduced duplicity and cost of compliance; d. Optimal utilization of man power. 1.27 Self-Assessment of Customs Duty (a) Self-Assessment of Customs duty by importers or exporters was introduced vide Finance Act, 2011. The system is trust based. The objective is to expedite release of impo .....

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nal 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 Recognition Agreement (MRA) partner countries; (iv) Minimal disruption to flow of cargo after a security related disruption; (v) Reduction in dwell time and related costs; and (vi) Customs advice / assistance if trade faces une .....

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ry. 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 also engaged in finalising MRA with other counties such as South Korea, Taiwan, USA etc. (c) As a step further towards trust based compliance, Indian Customs has introduced the new/revamped Authorised Economic Opera .....

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wn delay in filing of Export General Manifest (EGM) for duty drawback To facilitate quicker filing of EGMs and quicker rectification 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 Authorisations issued under different EP Schemes CBEC Circular 11(A)/2011-Cus dated 25.02.2011 has provided the fin .....

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al 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) Customs Authority 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 Customs. The underlying .....

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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 assistance under MAI sche .....

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the provider of trade data which is a source of guidance and direction for export & import trade and which help the exporters and importers formulate their trade strategy. Foreign trade data is disseminated by DGCI&S through (i) Monthly & Quarterly publications in CD form and (ii) Generation of data from the Foreign Trade database as per user s request. The DGCI&S has a Priced Information System (PIS) for disseminating data except for purely Central and State Governments and Uni .....

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