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LEGAL FRAMEWORK AND TRADE FACILITATION

Chapter 1 - Policy - Foreign Trade Policy - Foreign Trade Policy 2015-2020 (From 5-12-2017 to 31-3-2020) Revised - 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 .....

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5 of FT (D&R) Act, 1992, as amended from time to time, reserves 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 .....

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t issued before commencement of FTP, 2015-20 (as updated) w.e.f. 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. 1[(b) Item wise Import/Export Policy is delineated in the ITC (HS) Schedule I and Schedule Il respectively. The importability/ exportability of a particular item is governed by the polic .....

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ed under this facility. Further, the import/export on or after the date of such regulation/restriction will be allowed for importer/exporter has a commitment through Irrevocable Commercial Letter of Credit (ICLC) before the date of imposition of such restriction/ regulation and shall be limited to the balance quantity, value and period available in the ICLC. For operationalising such ICLC, the applicant shall have to register the ICLC with jurisdictional RA against computerized receipt within 15 .....

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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 facilitator of exports/imports DGFT has a commitment to function as a facilitator of exports and imports. Focus is on good governance, which depends on efficient, transparent and accountable delivery systems. In order to facilitate international trade, DGFT consults various Export Promotion Councils as well as Trade and Industry bod .....

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uct 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 help of Export Promotion Councils as industry partners and other willing knowledge partners in academia and research community to achieve the objective of Niryat Bandhu Scheme. Further, in order to ensure optimum utilization of resources, efforts would be made to associate all the stakeholders, including Customs, ECGC, Banks and co .....

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50 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 (details are at http://dgft.gov.in). 1.11 Issue of e-IEC (Electronic-Importer Exporter Code) (a) Importer Exporter Code (IEC) is mandatory for export/import from/to India as detailed in paragraph 2.05 of this Policy. DGFT issues Importer Exporter Code in electr .....

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ise 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 (a) One prominent initiative in recent times has been the e-BRC (Electronic Bank Realisation Certificate) project and its successful implementation by DGFT. It has enabled DGFT to capture details of realisation of export proceeds directly from the Banks thro .....

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ernments for sharing of e-BRC data to facilitate refund of VAT/GST by the state government to exporters. MOU has also been signed with Enforcement Directorate, Agricultural Directorate, Agricultural Processed Food Products Export Development Authority and Goods & Services Tax Network (GSTN). 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 o .....

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nal Authorities (RA) of DGFT and extension counters have been networked with high 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 Authorisations /scrip s. DGFT is one of the first digital signature enabled organisation of the Government of India (GOI), which has introduced a higher level of Encrypted 2048bit digital signature. There i .....

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s are issued. Online filing of Application has minimized the physical interface with RA. 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 i .....

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1.18 Facility to upload documents by CA/ CS / 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. .....

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g import and export Authorisations 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 .....

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plication 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. (e) Message exchange with GSTN and RBI. 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 .....

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eant 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 activity and delivery schedule of exports. In exceptional cases, concerned agency may seize the stock on the basis of prima facie evidence of serious irregularity. Howe .....

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Entry) at 19 sea port and 17 Air Cargo Complexes. Further, no MOT charges are required to be collected in respect of the services provided by the Customs officers at 24 X 7 Customs Ports and Airports. 1.26 Single Window in Customs Indian Customs has introduced SWIFT (Single Window Interface for Facilitating trade) w.e.f. 01.04.2016 for ensuring ease of doing business. Under SWIFT, the Importers electronically lodge Integrated Declaration at a single point only with Customs. The required permissi .....

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xporters was introduced vide Finance Act, 2011. The system is trust based. The objective is to expedite release of imported / export goods. The system operates on an electronic Risk Management System (RMS) (b) The Finance Act, 2017 has amended Section 47 of the Customs Act, 1962 to Authorize an importer to pay duty/tax/cess on the date of presentation of self-assessed Bill of Entry. 1.28 Authorised Economic Operator (AEO) Programme (a) Based upon WCO s SAFE Framework of Standards (FoS), Authoris .....

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ated disruption; (v) Reduction in dwell time and related costs; and (vi) Customs advice / assistance if trade faces unexpected issues with Customs of countries with which India have MRA. (b) The AEO programmes have been implemented by other Customs administrations that give AEO status holders preferential Customs treatment in terms of reduced examination, faster clearances and other benefits. Thus, the AEO programme is expected to result in Mutual Recognition Agreements (MRA) with these Customs .....

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a step further towards trust based compliance, Indian Customs has introduced the new/revamped Authorised Economic Operator (AEO) Programme wherein extensive benefits, including greater facilitation and self-certification, have been provided to those entities who have demonstrated internal strong control system and compliance with CBEC. 1.29 Prior filing facility for Shipping Bills To facilitate processing of shipping bills before actual shipment, prior online filing facility for shipping bills h .....

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nst Authorisations 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 Authorisation (AA)/Export Promotion Capital Goods (EPCG) Authorisation which is usable across all EDI ports/locations. 1.32 Exemption from Service Tax on Services received abroad (Deleted) 1.33 Export of perishable agricultural Products To reduce transaction and handling costs, a single window system to facil .....

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O Time Release Study (TRS) is a unique tool and method for measuring the actual performance of Customs. The underlying objectives of Time Release Study are: (i) Identifying bottlenecks in the international supply chain / or constraints affecting Customs release. (ii) Establishing baseline trade facilitation performance measurement. 1.35 Towns of Export Excellence (TEE) (a) Objective: Development and growth of export production centres. A number of towns have emerged as dynamic industrial cluster .....

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ll be provided to such TEE s: (i) Recognized associations of units will be provided financial assistance under MAI scheme, on priority basis, for export promotion projects for marketing, capacity building and technological services. (ii) Common Service Providers in these areas shall be entitled for Authorisation under EPCG scheme. (c) Notified Towns (TEEs) are listed in Appendix 1 B of Appendices & ANFs. 1.36 DGCI&S, Kolkata as the provider of trade data Director General of Commercial In .....

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;S has a Priced Information System (PIS) for disseminating data except for purely Central and State Governments and United Nations bodies. DGCI&S has put in place a Data Suppression Policy. The aim of this policy is to maintain confidentiality of importer s and exporter s commercially sensitive business data. Transaction level data would not be made publicly available to protect privacy. DGCI&S trade data shall be made available at aggregate level with a minimum possible time lag on comm .....

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only. 1.38 National Committee on Trade Facilitation (NCTF) Consequent to India s ratification of the WTO Agreement on Trade Facilitation (TFA) in April 2016, the National Committee on Trade Facilitation (NCTF) has been constituted. The establishment of the Committee is part of mandatory, institutional arrangement of the TFA. This inter-ministerial body on trade facilitation will be chaired by the Cabinet Secretary. Its Secretariat will be housed within the Central Board of Excise and Customs (CB .....

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