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GENERAL PROVISIONS REGARDING EXPORTS AND IMPORTS

Chapter 2 - Procedure - Foreign Trade Procedure - Foreign Trade Procedure 2015-2020 (From 5-12-2017 to 31-3-2020) Revised - Chapter 2 - CHAPTER 2 2.00 Policy Policy relating to is given in Chapter-2 of FTP. 2.01 Coverage This chapter covers procedure for various applications including their complete documentation. Procedure for applications for authorisations/ license/ permissions/ certificates for import/export and applications for benefits under FTP are spelt out. 2.02 Countries of Imports / E .....

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). (b) Applicants may ensure while submitting documents that documents are either in English or Hindi. Documents in regional languages may be got translated into English or Hindi and the translated copy may be self-certified and submitted along with the Original copy. 2.04 Territorial Jurisdiction of RA Territorial jurisdiction of RAs is given in Appendix 1A of Appendices and Aayat Niryat Forms. The address of applicant determines the jurisdiction of RA. Each application, unless otherwise specif .....

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fund of fee and categories of persons exempted from payment of fee are provided for in Appendix-2K. Importer Exporter Code (IEC): 2.07 IEC Number Exempted Categories (a) IEC is compulsory for import and /or exports. However, the following categories of importers or exporters are exempted from obtaining IEC. Sl.No. Categories Exempted from obtaining IEC (i) Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and (k)] of F .....

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s from/to Nepal; Bhutan and Myanmar (through IndoMyanmar border areas) does not exceed Indian ₹ 25,000/-; and in the case of China, (a) for import/export of goods through Gunji and Namgaya Shipkila, CIF value of single consignment does not exceed Indian ₹ 1,00,000/-;and (b) for import/export of goods through Nathula, CIF value of single consignment does not exceed ₹ 2,00,000/-. Further, exemption from obtaining IEC shall not be applicable for export of Special Chemicals, Organi .....

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E All Departments of any State Government and agencies wholly or partially owned by them. 3 DCUNO0137E Diplomatic personnel, Counsellor officers in India and officials of UNO and its specialised agencies. 4 IABBR0145E Indians returning from / going abroad and claiming benefit under Baggage Rules. 5 IIHIE0153E Persons /Institutions /Hospitals importing or exporting goods for personal use, not connected with trade or manufacture or agriculture. 6 IIEGN0161E Persons importing/exporting goods from / .....

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ed NGOs importing goods, which have been exempted from Customs duty under Notification issued by Ministry of Finance for bonafide use by victims affected by natural calamity. 12 IIEGC1134E Persons importing/exporting permissible goods as notified from time to time, from /to China through Gunji, Namgaya Shipkila and Nathula ports, subject to value ceilings of single consignment as given in Paragraph 2.07 (iv) above. 13 NCIEE1169E Non-commercial imports and exports by entities who have been author .....

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ired to submit online application with the following details /documents (scanned copies to be submitted/ uploaded) along with the IEC application: (i) Cancelled cheque bearing entity's pre-printed name or Bank certificate in prescribed format ANF-2A(1) ; (ii) Address proof of the applicant entity as detailed in the application. (d) RAs would conduct post-verification of online IECs as per the guidelines.] 2.09 IEC Format An IEC will be issued in prescribed format (ANF 2(A) (II)). A copy of s .....

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procedure to be followed in case a firm/unit is de-bonded and converted to DTA is as under: (a) An unit which is an EOU or in SEZ/EHTP/STP/BTP after de-bonding will not surrender the IEC obtained from its jurisdictional DC, SEZ. (b) The jurisdictional DC, SEZ will send the original IEC file to concerned RA of DGFT after de-bonding. (c) RA becomes the custodian of such file and will allow de-bonded unit to make necessary modification in IEC. (d) The de-bonded unit to be eligible for benefits fro .....

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s / e-IEC's can be done online only. Applicants seeking modification in their IECs / e-IEC's may log on to dgft.nic.in and click on Importer Exporter Code (IEC) under Quick Links and select "Modify your IEC" to amend their e-lECs and IECs in physical format with applicable fees and requisite documents. Applicant shall upload relevant document/s to substantiate the changes sought to be made, besides uploading the signed copy of the modification application. The modification appl .....

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al server, such applicant can seek further modifications online, if any so desired. (c) RAs shall consider applications seeking modification in IEC (all numeric), involving change in PAN, by ensuring that liabilities of the previous applicant/applicant firm are transferred to the new applicant/applicant firm whose PAN will be reflecting in the modified IEC. (d) Deleted] 2.14 (A) Modifications / Change in Branch Office / Head Office / Registered Office Address in IEC involving a shift in jurisdic .....

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the concerned IEC. Thereafter, the new RA shall allow the applicant to carry out necessary functions and also apply for eligible benefits as per FTP through its office.] 2.15 Profile of Importer / Exporter (a) ANF-1 contains the profile of the importer/exporter. IEC Holder shall be responsible for updating the same as and when a change takes place immediately or in any case at least once in a year. (b) Documents which are uploaded in the Importer-Exporter Profile are not required to b .....

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lows, unless specified otherwise: Sr.No Type of Authorisation Validity Period (i) Export Authorisation for restricted (Non SCOMET) goods 12 months (ii) Export Authorisation for SCOMET items 24 months (iii) Import Authorisations for restricted items and CCP 18 months (iv) EPCG Authorisation 18 months (v) Advance Authorisations (AA) for Deemed Export Coterminous with contracted duration of project execution or 12 months, whichever is more. (vi) AA {except (v) above}, DFIA, Replenishment Authorisat .....

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ue specific authorisation/ class of authorisations for a longer/shorter validity period. Any extension /revalidation in such cases to be allowed only by DGFT. 2.17 Date of reckoning of Import / Export (a) Date of reckoning of import is decided with reference to date of shipment / dispatch of goods from supplying country as given in Paragraph 9.11 of Handbook of Procedures and not the date of arrival of goods at an Indian port. (b) Date of reckoning of export is decided with reference to date of .....

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l debit of duty is made. 2.20 Revalidation of Import/Export Licence Certificate/Authorisation/Permissions for Non-SCOMET and SCOMET items (a) RA concerned may revalidate import authorisation on merits for six months from date of expiry of validity. (b) Export Authorisation including for SCOMET items may be revalidated, on merits for a period of six months at a time and maximum upto 12 months by the RA concerned, except for cases in para 2.16(b) of HBP. (c) However, revalidation of freely transfe .....

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ation/Scrip or any amendment thereof could not be transmitted to Customs Server within fifteen working days from the date of issue/amendment; (ii) If Authorisation/Scrip rejected by Customs server with error Code; (iii) If request for issue of waiver of Bond/EODC was not considered within the period specified under Para 9.10 of HBP, 2015-2020 where complete application was submitted within the validity of the Authorisation. In such cases, revalidation shall be allowed from the date of endorsemen .....

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ubmit request for endorsement of Authorisation/Scrip along with screen shot of DGFT server as well as Customs Server in support of his claim. RA shall verify the same before revalidation is allowed. However, request must be made to RA concerned within a month from the date of final acceptance of Authorisation/Scrip in the Customs Server. Notwithstanding anything contained above, these provisions of revalidation shall not apply wherever, the authorisation/scrip holder had clear 6 months period in .....

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self-attested copy of same shall be submitted to DGFT. Procedure for issuing Duplicate copies: 2.23 Duplicate copies of Export / Import Authorisation Where an Authorisation/ Permissions/ CCPs / Licence / Certificate / is lost or misplaced, an application for issue of a duplicate may be made along with Self declaration, as given in Appendix 2M, to concerned RA where the original license was issued. 2.24 Documents required for duplicate copy of freely transferable Authorisation Duplicate copy of .....

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of Paragraph 2.24 above shall not be required. In such cases, revalidation shall be for six months from date of endorsement. 2.26 Mechanism for issuing duplicates RA concerned shall obtain a report regarding utilization of such Authorisation from Custom authority at port of registration before issuing duplicate, for balance unutilized. 2.27 Validity of duplicate Authorisation Validity of duplicate Authorisation shall be co-terminus with original period. No request shall be entertained if validi .....

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, to be executed with concerned Customs Authorities. (b) In case of indigenous sourcing, Authorisation holder shall furnish BG/ LUT to RA as per Customs Circular No.58/2004 dated 31.10.04, as amended from time to time. In case, the firm has already executed BG/LUT for the full value of the licence/ certificate/ authorisation/ permission (covering the items indigenously procured) to the Customs and furnishes proof of the same to Regional Authority (RA), no BG/LUT shall be required to be executed .....

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ar in this regard. 2.31 Advance Payment In case, payment is received in advance and export / deemed export takes place subsequently, application for an Authorisation shall be filed within specific period following the month during which exports/ deemed export is made, unless otherwise specified. 2.32 Import under Lease Financing Import under lease financing shall be available under EOU/ SEZ scheme. Domestic supply of capital goods to eligible categories of deemed exports shall be eligible for be .....

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of relevant entitlement. However, no fee shall be charged when such document is lost by Government agencies and a documentary proof to this effect is submitted (iii) Self-declaration by exporter about loss of document and an undertaking to surrender it immediately to concerned RA, if found subsequently (iv) Self-declaration by exporter to effect that he would indemnify Government for financial loss if any on account of duty credit issued against lost Shipping Bills. Customs Authority, before all .....

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ivision of same RA, applicant can furnish photocopy of documents duly certified by him in lieu of original. Warehousing Facility: 2.36 Warehousing Facility (a) Public / Private Customs Bonded Warehouses may be set up in DTA as per Chapter-IX of Customs Act, 1962, to import items in terms of Paragraph 2.36 of FTP. On receipt of goods, such warehouses shall keep these goods for one year without payment of applicable customs duties. Goods can be cleared against Bill of Entry for home consumption, o .....

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been made by competent customs authorities. Certificates: 2.37 Free Sale and Commerce Certificate (a) (i) RAs may issue, on application, Free Sale and Commerce certificate for export of items not covered under Drugs & Cosmetics Act, 1940, which have usage in hospitals, nursing homes and clinics, for medical and surgical purposes and are not prohibited for export. Validity of such certificate shall be two years from date of issue unless otherwise specified. (ii) An application for grant of F .....

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or grant of Free Sale and Commerce Certificate for these items may be made to RA concerned as per format in ANF 2H of Appendices and Aayat Niryat Forms along with Annexure A therein. RA shall issue Free Sale and Commerce Certificate as per Annexure B of ANF 2H. 2.38 End User Certificate In case of import of any freely importable item in India, if a foreign Government insists on certification of end user of the item, before permitting export of the same from their country, RA may issue such certi .....

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. The following are designated Import Certificate Issuing Authorities (ICIA): (i) Department of Electronics (DoE), for computer and computer based systems (ii) Department of Industrial Policy and Promotion (DIPP), Technical Support Wing (TSW), for organised sector units registered under it, except for computers and computer based systems; (iii) Ministry of Defence (MoD), for defence related items; (iv) DGFT for small scale industries and entities not covered above as well as on behalf of any of .....

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(HS) and an import authorisation will have to be obtained for such items. (d) India s import and export with regard to USA s unilateral export control items [Crime Control (CC) Items as listed in Appendix 2P(iia) and Regional Security (RS) items as listed in Appendix 2P(iib)] will be governed by the following regulations: Items listed at both Appendix 2P (iia) and Appendix 2P(iib) will be allowed by DGFT for import from USA provided the importer submits the following documents in ANF 2K(i) : (i .....

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ts of India. Imports: 2.40 Import of Consumer or Other goods as Gifts (a) In terms of provisions contained in Paragraph 2.25 of FTP, an application for grant of CCP for import as gifts of items appearing as restricted for imports in ITC (HS) shall be made to the DGFT as in ANF 2M along with documents prescribed therein. (b) Where recipient of a gift is a charitable, religious or an educational institution registered under any law in force, and gift sought to be imported has been exempted from pa .....

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d/ Second Hand Aircraft Spares Import Authorisation for reconditioned / second hand aircraft spares is not needed on recommendation of Director General of Civil Aviation, Government of India (DGCA). 2.43 Import of Replacement Goods Goods or parts thereof on being imported and found defective or otherwise unfit for use or which have been damaged after import, may be exported without an Authorisation, and goods in replacement thereof may be supplied free of charge by foreign suppliers or imported .....

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t of insurance and freight charges where replacement of goods by foreign suppliers is subject to payment of insurance and / or freight by importer and documentary evidence to this effect is produced while making remittance. 2.44 Other Conditions for Import of Replacement Goods (a) In case of short-shipment, short-landing or loss in transit, import of replacement goods will be permitted based on certificate issued by customs authorities without an import Authorisation. (b) This procedure shall al .....

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tion. 2.46 Import of Ammunition by Licensed /Authorised Arms Dealers (a) Import of following types of ammunition are allowed against an Authorisation by licensed arms dealers subject to conditions as may be specified: (i) Shotgun Cartridges 28 bore; (ii) Revolver Cartridges of .450, .455 and .45 bores; (iii) Pistol Cartridges of .25, .30 Mauser, .450 and .45 bores; (iv) Rifle Cartridges of 6.5 mm, .22 savage, .22 Hornet,300 Sherwood, 32/40, .256, .275, .280, 7m/m Mauser, 7 m/m Man Schoener, 9m/m .....

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sation for items listed above may be made to RA in ANF 2M along with documents prescribed therein. 2.47 Duty Free Imports for specific Sectors: (A) R&D Equipment for Pharmaceuticals and Bio- technology Sector: (i) Duty free import of goods (as specified in list 28 of Customs notification No.21/2012 dated 17.3.2012, as amended from time to time) upto 25% of FOB value of exports during preceding licensing year, shall be allowed. (ii) The eligible unit may furnish an application given in Append .....

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d to agro chemicals sector unit having export turnover of ₹ 20 crore or above during preceding licensing year. (ii) The eligible unit shall apply in form given in Appendix-8B to RA concerned duly countersigned by Chartered Accountant. (iii) In respect of duty free import of R&D equipment, units not registered with jurisdictional Customs authority shall be allowed to give Installation Certificate issued by an independent Chartered Engineer. 2.48 Import under Govt. to Govt. Agreements Im .....

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ished with request for grant of permission for transfer, to RA concerned: (i) Reasons for transfer of imported material; (ii) Name, address, IEC number and industrial Authorisation registration, if any, of transferee; (iii) Description, quantity and value of goods imported and those sought to be transferred; (iv) Copies of import Authorisation and bills of entry relating to imports made; (v) Terms and conditions of transfer as agreed upon between buyer and seller. (b) Cases where prior permissio .....

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s as in Arms Act and Rules thereunder. (v) for transfer of weapon/s (firearm/s) imported by a Renowned Shooter (as defined in Policy Condition 3 of Chapter 93 of ITC (HS) 2012) for the purpose of his/her pursuing shooting as a sport to any upcoming shooter as certified either by the National Rifle Association of India (NRAI) or the Department of Sports, Ministry of Youth Affairs & Sports after two years from the date of import. The transferee can subsequently transfer/resell to any buyer as .....

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may be made to RA, with a copy to DGFT Hqrs in ANF 2M along with documents prescribed therein. Original application along with Treasury Receipt (TR) / Demand Draft shall be submitted to RA concerned and self-attested copy of same shall be submitted to DGFT in duplicate along with proof of submission of application to concerned RA. 2.51 EXIM Facilitation Committee (a) Restricted item Authorisation may be granted by DGFT or any other RA authorised by him in this behalf. DGFT / RA may take assista .....

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iting, by the applicant. Authorisation holder shall register the import authorisation at the port specified in the Authorisation and thereafter all imports against said authorisation shall be made only through that port, unless the authorisation holder obtains permission from customs authority concerned to import through any other specified port. (c) EXIM Facilitation Committee (EFC) shall normally meet once every month. Where a case has been deferred in EFC for want of comments from the Technic .....

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n ITC (HS) required by hotels, restaurants, travel agents and tour operators may be allowed against an Authorisation, based on recommendation of Director General, Tourism, Government of India. (a) Hotels, including tourist hotels, recognised by Director General of Tourism, Government of India or a State Government shall be entitled to import Authorisation upto a value of 25% of foreign exchange earned by them from foreign tourists during preceding licensing year, for import of essential goods re .....

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office and other equipment required for their own professional use. (c) Import entitlement under paragraphs 2.52 (a) and 2.52 (b) of any one licensing year can be carried forward, either in full or in part, and added to import entitlement of two succeeding licensing years. (d) Such imported goods may be transferred after 2 years with permission of DGFT. No permission for transfer will be required in case the imported goods are re-exported. However, re-export shall be subject to all conditionali .....

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ired for R&D purpose may be imported without an Authorisation by Government recognized Research and Development units. 2.54 Import of Metallic Waste and Scrap Import of any form of metallic waste, scrap will be subject to the condition that it will not contain hazardous, toxic waste, radioactive contaminated waste / scrap containing radioactive material, any type of arms, ammunition, mines, shells, live or used cartridge or any other explosive material in any form either used or otherwise. ( .....

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scrap 10. 74040022 Brass scrap 11. 75030010 Nickel scrap 12. 76020010 Aluminium scrap 13. 79020010 Zinc scrap 14. 80020010 Tin scrap 15. 81042010 Magnesium scrap (b) Freely Importable metallic waste and scraps (shredded) as listed above shall be permitted through all ports of India subject to following conditions: (i) At the time of the clearance of goods, importer shall furnish to the Customs pre-shipment inspection certificate as per the format to Appendix 2H from any of the Inspection & C .....

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l in any form. (c) Import from Hodaideh, Yemen and Bandar Abbas, Iran will be in shredded form only. (d) Import of un-shredded compressed and loose form of metallic waste, scrap listed in paragraph 2.54(a) above in shall be subject to the following conditions:- (i) At the time of the clearance of goods, importer shall furnish to the Customs pre-shipment inspection certificate as per the format in Appendix 2H from any of the Inspection& Certification agencies given in Appendix-2G to the effec .....

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ste/ scrap /seconds /defective as per the internationally accepted parameters for such a classification. (iii) Copy of the contract between the importer and the exporter stipulating that the consignment does not contain any type of arms, ammunition, mines, shells, cartridges, radioactive contaminated, or any other explosive material in any form either used or otherwise. 6[Import of scrap would take place only through following designated ports and no exceptions would be allowed even in case of E .....

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with adequate security. The sea port having completed the above shall approach jurisdictional Customs for inspection and certification. Customs may give necessary clearance on receipt of certification from AERB. On getting clearance from Customs, DGFT will notify such a port as designated port for import of un-shredded scrap. 14[(ii) The existing designated sea ports namely Chennai, Cochin, Ennore, JNPT, Kandla, Mormugao, Mumbai, New Mangalore, Paradeep, Tuticorin, Vishakhapatnam, Pipava, Mundra .....

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ports to be notified/designated from time to time, where Radiation Portal Monitors and Container Scanner are in operation and the consignment is subjected to risk based scanning/ monitoring as per the protocol laid down by Customs. (iv) 5[Import consignments of metallic waste and scrap shall be subject to pre-inspection certificate (PSIC) from the country of origin. However, metallic waste and scrap (both shredded and unshredded) imported from safe countries/region i.e. the USA, the UK, Canada, .....

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Transshipments through these countries /regions will not be allowed this facility. Import through all other ports including nine (9) ports (for unshredded scrap/waste), irrespective of country of origin, will be subject to PSIC.] 2.55 Recognition as Pre-shipment Inspection Agency (PSIA) and issuance of Pre- shipment Certificate (PSIC) (a) Applications for recognition in respect of PSIAs have to be made in proforma prescribed in ANF 2L. The scanned copy of application in ANF 2L, along with relev .....

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ars PSIA has to make a fresh application for further recognition. (e) PSIA shall issue Pre-Shipment Inspection Certificate (PSIC) in the format given in Appendix 2H. PSIC would also carry uniquely numbered hologram of the PSIA. (f) A PSIA can also carry out inspections in countries, where it does not have a full time equipped branch office but which falls within its area of operation, by deputing its Inspectors. However, for such inspections in other countries, the PSIA will be required to give .....

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, by the competent authority, as per FTP/HBP 2015-20. 2.56 Responsibility and Liability of PSIA and Importer (a) In case of any mis-declaration in PSIC or mis-declaration in application form for recognition as PSIA, PSIA would be liable for penal action under Foreign Trade (Development & Regulation) Act, 1992, as amended, in addition to suspension/ cancellation of recognition. (b) The importer and exporter would be jointly and severally responsible for ensuring that the material imported is .....

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t, duly capturing the following activities/details: (i) Photograph(s) or video clipping of the place of inspection with PSIA inspector (mandatory) and representatives of exporter / importer, if available (optional); with time, date of the inspection (at least 1 photograph or video clipping); (ii) Photograph(s) or video clipping of the testing instrument(s) used for inspection; (iii) Photograph(s) or video clipping of the process of stuffing of containers showing the container number (at least 1 .....

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v.in). 2.57 Import of other kinds of metallic waste and scraps Import of other kinds of metallic waste and scrap will be allowed in terms of conditions of ITC (HS). 2.58 Imports of seconds and defectives Import policy for second and defective, rags, PET bottles /waste, and ships is given in ITC (HS). 2.59 Services of Inspection and Certification Agencies Customs or any other Central or State Government authority may avail of services of Inspection and Certification Agencies in Appendix 2I of the .....

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s etc. (0402.10 or 0402.21) and White Butter, Butter oil, Anhydrous Milk Fat (0405) (2) Maize (corn): other (1005.90) (3) Crude sunflower seed or safflower oil or fractions thereof (1512.11) and (4) Refined rape, colza or mustard oil, other (1514.19 or 1514.99) is allowed in a financial year, up to quantities as well as such concessional rates of customs duty as indicated below: Description HS No. In/out of quota rate (%) as per WTO In/out of quota rate (%) As per Indian Tariff Notification TRQ .....

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15,000 04059010 0/30 12/12-Cus Sl. No.9 04059020 0/30 12/12-Cus Sl. No.9 Butter and other fats 040520 n.a. 0/40 12/12-Cus Sl. No.9 15,000 2.61 Eligible entities for allocation of quota (a) Milk Powder (Tariff Code No. 0402.10 or 0402.21) and White Butter, Butter oil, Anhydrous Milk Fat (0405): National Dairy Development Board (NDDB), State Trading Corporation (STC), National Cooperative Dairy Federation (NCDF), National Agricultural Cooperative Marketing Federation of India Ltd. (NAFED), Mineral .....

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rude sunflower seed or safflower oil or fractions thereof (Tariff Code No. 1512.11) and Refined rape, colza, canola or mustard oil, other (Tariff Code No. 1514.19 or 1514.99): National Dairy Development Board (NDDB), State Trading Corporation (STC), National Agricultural Cooperative Marketing Federation of India Ltd.(NAFED),Spices Trading Corporation Limited (STCL) and Central Warehousing Corporation (CWC), State Cooperative Marketing Federation & State Cooperative Civil Supplies Corporation .....

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of financial year i.e. consignments must be cleared by customs authorities before this date. (iii) Since import of maize (corn) is through STEs, the allottees of quota i.e. designated agencies in paragraph 2.61 (b) above for this item shall also be granted an import Authorisation for allotted quantities as indicated at Sl. No. 21 (b) of Customs Notification No. 21/2002 dated 1.3.2002 in terms of paragraph 2.20 of FTP, 2015-2020. (iv) Application fee for these applications shall be paid according .....

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hibitors at exhibitions, fair or similar show or display for a period of six months on re-export / re-import basis, shall be allowed without an Authorisation on submission of a bond/ security to Customs or ATA Carnet. (b) Extension beyond six months for re-export / re-import will be considered by Customs authorities on merits. Consumables such as paints, printed material, pamphlets, literature etc. pertaining to exhibits need not be re-exported/re-imported. 2.64 Sale of Exhibits (a) Restricted I .....

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le customs duties. (c) If goods brought for exhibition are not re-exported or sold within bond period due to circumstances beyond control of importer, Customs Authorities may allow extension of bond period on merits. 2.65 Import of Samples (a) No Authorisation shall be required for Import of bonafide technical and trade samples of items restricted in ITC (HS) except vegetable seeds, bees and new drugs. Samples of tea not exceeding ₹ 2000 (CIF) in one consignment shall be allowed without an .....

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cy relating to Exports is given in Chapter-2 of FTP. Further, Schedule 2, Appendix-1 of ITC (HS) specifies list of items, which may be exported without an Authorisation but subject to terms and conditions specified. 2.68 Gifts / Spares / Replacement Goods For export of gifts, indigenous / imported warranty spares and replacement goods in excess of ceiling / period prescribed for exports of Gifts; export of Spares and export of replacement goods in FTP, an application may be made to DGFT in ANF 2 .....

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case of export by post, exporter shall submit following documents in lieu of documents prescribed for export by sea/air: (a) Bank Certificate of Export and Realisation as in e-BRC in Appendix2U (b) Relevant postal receipt (c) Invoice duly attested by Customs Authorities. 2.71 Direct negotiation of export documents In cases where exporter directly negotiates document (not through authorised dealer) with permission of RBI, he is required to submit following documents for availing of benefits unde .....

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ct of restricted items [other than Special Chemicals, Organisms, Materials, Equipment and Technologies (SCOMET)] mentioned in Schedule 2 of ITC (HS) Classifications of Export and Import Items may be made in ANF 2 N to DGFT (Headquarters) along with documents prescribed therein. EFC shall consider applications on merits for issue of export Authorisation. (b) If the exporter has been notified in writing by DGFT or he knows or has reason to believe that an item not covered in the SCOMET list has a .....

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ies. 2.73 Application for SCOMET Authorisation (a) An application for grant of Export Authorisation in respect of SCOMET items mentioned in Appendix 3 to Schedule 2 of ITC (HS) Classifications of Export and Import Items may be made in ANF 2O to DGFT (Hqrs) along with documents prescribed therein. (b) However, such applications are mandatorily to be filed through online system under the Icon E-COM on the website of DGFT. The Uniform Resource Locator [URL] for online application is http://dgft.gov .....

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ection of DGFT (HQ), besides electronic submission. (c) Maintenance of Records: Every SCOMET authorisation holder shall maintain the following records in manual or electronic form for a period of 5 years from the date of export or import, as applicable: a) All documents submitted while making an application for SCOMET Authorization. b) Correspondence with buyer/consignee/end-user or DGFT or relevant Government agency; c) Relevant Contracts; d) Relevant Books of account; e) Relevant Financial rec .....

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d on following guidelines: I. Applications for Authorisation to export items or technology on SCOMET List are considered on the basis of following general criteria: (a) Credential of end-user, credibility of declaration of end-use of the item or technology, integrity of chain of transmission of item from supplier to end-user, and on potential of the item or technology, including timing of its export, to contribute to end-uses that are not in conformity with India s national security or foreign p .....

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(f) Applicability of provisions of relevant bilateral or multilateral Agreements and Arrangements, to which India is a party, or adherent. This is including but not limited to the control lists of the Nuclear Suppliers Group, Missile Technology Control Regime, Australia Group (and its Warning List or Awareness Raising Guidelines) and Wassenaar Arrangement (and its Sensitive List and Very Sensitive List) as amended from time to time] II. Application shall be accompanied by an end user certificate .....

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of the importer, the specific end-use of the subject goods and details of Purchase Order/Contract. IV. Government of India may also require additional formal assurances, as deemed appropriate, including those on end-use and nonretransfer, from the State of the recipient. V. (a) Licensing authority for items in Category 0 and Note 2 of the 'Commodity Identification Note' in Appendix 3 to Schedule 2 of ITC (HS) is Department of Atomic Energy. Applicable guidelines are notified by the Depar .....

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tems in Category 6 in Appendix 3 to Schedule 2 of ITC (HS) is Department of Defence Production. Export of items in Category 6 is governed by the extant Standard Operating Procedure issued by the Department of Defence Production in the Ministry of Defence. Export of items covered in Note 3 of the 'Commodity Identification Note' in Appendix 3 to Schedule 2 of ITC (HS) is prohibited. VI. Additional end-use conditions may be stipulated in Authorisations for export of items or technology that .....

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ies as deemed necessary. VIII. Authorization for export of items in Categories 0, 3 (other than 3D), 4, 5 and 7 of the SCOMET list to Iran would be subject to the relevant provisions contained in Annex B to the UN Security Council resolution 2231 (2015). The licensing authority, i.e. DGFT or Department of Atomic Energy, as the case may be, on completion of the IMWG process or the applicable internal process, shall seek the concurrence of Disarmament and International Security Affairs (D&ISA) .....

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ived at in IMWG shall be placed before Director General of Foreign Trade for appropriate decision on grant of authorization. 2.75 Applicability of WMD Act Export of items not on SCOMET List may also be regulated under provisions of the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005. Note 1: Export or attempt to export in violation of any of conditions of Authorisation shall invite civil and/or criminal prosecution. Note 2: Authorisations for .....

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-to time. Note 4: Exporters are entitled to request that only such conditions need be imposed as are subject of government-to-government instruments of accord over export of items on SCOMET List. Note 5: Technology (see also entry Technology in glossary in Appendix-3 to Schedule 2 of ITC (HS) Classifications of Export and Import Items): Approval of export of an item on the SCOMET List also authorizes the export to same end-user of minimum technology required for installation, operation, maintena .....

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from DTA to SEZ shall be sent to SCOMET Section, DGFT (Hqrs), Department of Commerce, Udyog Bhawan, Maulana Azad Road, New Delhi110011, by the Development Commissioner (DC), SEZ in the prescribed proforma [Annexure 2 to Appendix-3 to Schedule 2 of ITC (HS) Classifications of Export and Import Items]. Report by the DC, SEZ is to be filed by 15th May of every financial year for the supplies effected during the preceding financial year. Export Authorisation is, however, required if the SCOMET items .....

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ons for Entering into an Arrangement or Understanding for Site Visits, On-site Verification and Access to Records / Documentation An application for entering into an arrangement or understanding involving site visit, on-site verification or access to records/documentation by a foreign government or a foreign third party either acting directly or through an Indian party as mentioned in Appendix 3 of Schedule 2 of ITC (HS) Classifications of Export and Import Items shall be made in ANF 2 P to DGFT .....

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which site visit or on-site verification or access to records/documentation is to be undertaken. (b) Credentials and details of the parties involved. (c) Credentials of end-user, credibility of declarations of end-use of the items or technology, the integrity of chain of transmission of the item from the supplier to the end-user, and on the potential of the item or technology, including the timing of its export, to contribute to end-uses that are not in conformity with India s national security .....

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be taken into consideration :- (i) Export control measures instituted by the foreign government; (ii) Capabilities and objectives of programs of the foreign government relating to weapons and their delivery. (f) Applicability of relevant bilateral and multilateral agreements to which India is a party. (g) Assessment of any threat that such site visit, on-site verification or access to records/ documentation may pose to India s national security, and relations with any other country. (h) Assessme .....

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authorisation. (b) Site visit, on-site verification or access to records/ documentation will be allowed only to individuals mentioned in the authorisation. (c) Site visit, on-site verification or access to records/ documentation shall be concluded during the period mentioned in the authorisation. (d) Exporter/Importer will keep a record of site visit, on site verification or access to records/documentation alongwith detail of individuals who visited the premises during this visit and produce th .....

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anding that involves site visit, on-site verification or access to records/ documentation. IV. Any violation of any condition of the license shall invite civil/ criminal prosecution as per law. 9[2.79 Issue of authorization for repeat orders Applications for grant of authorization for repeat orders to the applicant exporter for export of same SCOMET items to the same country/entities shall be approved by Chairman IMWG, without any consultation with IMWG members. However, in cases of repeat order .....

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Same country/entities would imply that (a) the foreign buyer (b) the consignee or the intermediaries, if any (c) the end user and (d) the end use are exactly the same for which export authorization has been issued to the applicant exporter earlier after due consultation/verification; (iii) Only the applications submitted within three years from the date of issue of original SCOMET authorization, after due verification/consultation process, will be eligible for repeat authorization; (iv) The cum .....

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consideration under the repeat order route; (vi) The authorizations(s) for repeat orders shall be liable for recall/termination by the DGFT on receipt of an adverse report in respect of any of the export consignments; (vii) All authorizations for repeat orders shall be brought before IMWG in its subsequent meeting for confirmation of approval, on ex-post facto basis, and the IMWG would reserve its right to refuse further repeat authorizations based on its assessment of proliferation concerns.] 1 .....

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ckist' refers to the entity abroad to whom the SCOMET items are originally exported by Indian principal/wholly owned subsidiary. The Stockist entity should be a subsidiary/principal company abroad of the Indian exporter; b. Export shall be permitted only from the principal company/the wholly owned subsidiary in India (exporter) to their subsidiaries/principal company abroad (stockist) on the basis of an End Use declaration from the stockist, through the specified End User Certificate (EUC) f .....

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India would be exported by the stockist; iv. Purchase Order(s)/lnvoice(s) or a document in lieu thereof; v. Technical specifications of the product(s); vi. Copy of Internal Compliance Program (if applicant exporter/ stockist entity has one) In-principle approval for export to the stockist, and, for sale by stockist within the country of the stockist, and, for re-export by stockist to end user in other countries d. The application would be assessed for grant of authorization for export to the sto .....

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ch is a distinct national entity in political geography. Hence, transfers within an economic union or a customs union would not qualify as "same country transfers"; Post-reporting for same country transfer and re-export to pre-approved countries by the stockist h. In case of sale/transfer by the stockist within the same country and for re-export/re-transfer to the end users in countries, for which, in-principle approval has been granted, the Indian exporter/licensee shall submit detail .....

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which, in-principle approval has not been granted at the initial stage, the Indian exporter (stock and sale authorization holder) shall submit application for re-export/re-transfer to SCOMET Division in DGFT (Hqrs), in ANF 2 O(a), through email (scomet-dgft@nic.in), after obtaining following documents from the stockist entity: i) End-use/End-user Certificate from each link in the supply chain as per Appendix-2S (i) /2S(ii), as applicable; ii) Purchase Order(s)/Invoice(s) or a document in lieu t .....

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y of the stockist and transfers/re-exports i. The Indian exporter (Stock & Sale Authorization holder) shall submit a statement of exports made from India to the stockist, transfers made by the stockist to the final end-users and inventory with the stockist, as on 31st December of each calendar year, by 31st January of the following year. A failure to do so may entail imposition of penalty and /or cancellation of authorization under the stock and sale policy; m. The items exported to the stoc .....

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on for the main item/ equipment which shall be considered on the same conditions, as applicable for the main item/component. Accordingly, the applicant seeking permission for export of spare parts, under stock and sales arrangement, may indicate the requirement of spare parts in the application for main item/equipment after judicious and reasonable assessment thereof, and provide the justification of the same.] 12[Para 2.79 C Issue of authorizations for repair/replacement of SCOMET items A. Auth .....

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authorized by OEM); (b) No details on 'End Use' and 'End Use Certificate' would be required; (c) The application is accompanied with the following additional documents (depending on whichever is applicable/appropriate): i. Proof of import of the item(s): a. Bill of entry containing details of the items to be repaired/replaced; b. Export License (if applicable) issued by the foreign country for original import of the items to India; ii. Proof of obligation for replacement or repa .....

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air alongwith their SCOMET Category /Sub-category number(s); b. That item (s) are being exported to the entity from which it was imported or to the OEM (including agency authorized by OEM) (whichever is applicable) for replacement/ repair; c. That there has been no change in the specifications of the item(s) after import; d. That the replacement or repair of defective/damaged items (whichever is applicable) is allowed under the conditions of import or contractual agreement; (d) Applications for .....

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IMWG in its subsequent meeting for confirmation of approval, on ex-post facto basis. B. Authorization for replacement/repair of indigenous exported SCOMET items: Application for grant of authorization for export of SCOMET items, which on being exported from India, were brought back for repair or being replaced, on being found defective/damaged, and are now being re-exported after replacement/ repair, shall be considered by Chairman IMWG, on the following conditions: (a) The export should only b .....

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the initial export of these items; c. Bill of Entry containing details of the items imported for replacement or repair; ii. Proof of obligation for replacement or repair of defective/damaged items: Letter from the foreign buyer on its letter head, duly signed and stamped, raising the demand for the repair or replacement of the item(s) to be exported and the reason thereof and any of the applicable document(s): a. Contract agreement of the Indian exporter/OEM (including agency authorized by OEM) .....

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f the item(s) after repair (if imported and repaired) or is of the same specifications as of the item(s) being replaced; c. That they are being exported to the same entity (ultimate end user) after repair or as replacement (as applicable) to which it was exported earlier; d. That replacement/ repair (whichever is applicable) is allowed under the conditions of export or purchase order or contractual agreement; e. That the defective/damaged item(s) has/have already been brought back or would be br .....

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th IMWG members. However, in cases of export through a new entity (consignee), approval will be granted by Chairman, IMWG after verification of the credentials of the new foreign entity (ies) through which the item(s) are to be exported. (e) All such authorizations shall be brought before IMWG in its subsequent meeting for confirmation of approval, on ex-post facto basis.] 13[Para 2.79 D Issue of export authorizations for display/exhibition/tenders/RFP/RFQ/NIT of SCOMET items Authorizations for .....

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e form of selling/buying/renting/leasing; (d) The number of item(s) should be commensurate with the nature of export items and the purpose for which the application is being made; (e) There shall not be any exchange/disclosure of information which could lead to transfer of technology; (f) No export authorisation would be granted for UNSC sanctioned destinations or countries/entities of high risk, as assessed by the IMWG, from time to time; (g) The application is accompanied with the following ad .....

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P/RFQ/NIT); (iii) An undertaking from the applicant firm: An Undertaking on the letter head of the firm duly signed and stamped by the authorized signatory stating: a. that the exported items will be in the custody of the exporter during the entire period of export; b. that the exported items shall be brought back to India within 90 days after the event gets over or within the extended time, as allowed by DGFT; c. that the Bill of Entry confirming the return back of the exported items to India s .....

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be revalidated by RA concerned as per para 2.20 (b) of HBP. 2.81 Export of SCOMET Category 6 items Notwithstanding anything contained in Paragraphs 2.73 to 2.80, Export of SCOMET Category 6 items will be permitted against an authorisation issued by Department of Defence Production. The grant of authorisation will be governed by the Standard Operating Procedure (SOP) issued for the purpose by Department of Defence Production. 2.82 Timeline for comments/NOC The members of IMWG will endeavour to f .....

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h 2.20 of FTP. Provisions for exporters/other provisions for doing trade and business: 2.84 Free of Cost Exports for status holders Status holders shall be entitled to export freely exportable items on free of cost basis for export promotion subject to an annual limit of ₹ 10 lakh or 2% of average annual export realisation during preceding three licensing years whichever is lower. For Pharma exports, the annual limit would be 2% of the annual export realisation during preceding three licen .....

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ver would count for benefits under FTP. (II) Payment through General/ Private Insurance companies: Amount of Insurance Cover for transit loss by General Insurance and Private Approved Insurance Companies in India would be treated as payment realized for exports under various export promotion schemes. (a) An applicant realizing export proceeds through Insurance Agency will approach the concerned RA with the proof of payment issued by the concerned Insurance Agency. RA after satisfying itself of t .....

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licable on the date of settlement of insurance claim . 2[***] 2.87 RBI write-off on export proceeds realization Realization of export proceeds shall not be insisted under Foreign Trade Policy, if the Reserve Bank of India (RBI) or any Authorised Bank (authorised by RBI for this purpose) writes off the requirement of realization of export proceeds on merits and the exporter produces a certificate from the concerned Foreign Mission of India about the fact of non-recovery of export proceeds from th .....

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les, or equity investment made by an Authorisation holder under any export promotion scheme, can be used to offset receipts of his export proceeds. In such cases, offsetting would be equal to realisation of export proceeds and exporter would have to submit following additional documents: (a) Appendix-2L in lieu of Bank Realisation Certificate. (b) Specific permission of RBI. Provisions related to Quality Certification: 2.90 Quality Certification It has been a constant endeavour to promote qualit .....

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e www.qcin.org and also provided under Appendix 2I (c) The agencies for ISO (9000) Series & ISO 14000 Series have been accredited on further classification of: (i) Quality Management System(QMS)http://www.qcin.org/nabcb/accreditation/reg.bod qms.php for Quality Management Systems (ii) Environmental Management System(EMS) http://www.qcin.org/nabcb/accreditation/reg bod ems.php for Environmental Management system. These agencies are listed in Appendix 2I of the AANF. (d) Any agency desirous of .....

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ary Level: Incorporation of two dimensional (2D) barcode encoding unique and universal global product identification code in the format of 14 digits Global Trade Item Number (GTIN) along with batch number, expiry date and a unique serial number of the primary pack. The bar code labeling at primary level is exempted till further notification; however, the above mentioned details are required to be printed in human readable form on optional basis till further notification. b) Secondary level: Inco .....

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ding unique and universal global product identification code in the format of 14 digits Global Trade Item Number (GTIN) along with batch number, expiry date and a unique serial number of the tertiary pack i.e. Serial Shipping Container Code (SSCC). ii. Parent-Child Relationship for SSI and Non-SSI Manufacturers: The manufacturer or exporter shall maintain the data in the parentchild relationship for three levels of packaging i.e. Primary, Secondary and Tertiary packaging and their movement in it .....

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f the importing country has mandated a specific requirement, the exporter has the option of adhering to the same and in such a case, it would not be necessary to comply with the stipulation under sub para (i) to (iv) above and if an exporter is seeking to avail such exemption from bar coding prescribed by the Government of India as above, the exporter is given the option to move an application to the Pharmaceutical Export Promotion Council of India (Pharmexcil) for this purpose, clearly specifyi .....

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n the Parent-Child relationship for three levels of packaging and its uploading on Central Portal(http://dava.gov.in). vii. All drugs manufactured by SSI or non SSI units and having manufacturing date after 15.11.2018 can be exported only if both tertiary and secondary packaging carry barcoding as applicable and the relevant data as prescribed by DGFT is uploaded on the Central Portal.] Explanation: (a) For the purpose of this rule, (i) Drug formulation means a formulation manufactured with a li .....

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vant guidelines regarding grant of specific exemption(s) if any, procedure of data requirement / maintenance / upload on central portal and clarifications issued under this notification etc. will be available on the central portal i.e. http://dava.gov.in (c) It will be the responsibility of the drug manufactures/exporters as the case may be, to satisfy the customs authorities that the export consignment satisfies the conditions of the Notification. Export Promotion Council (EPC)/ Commodity Board .....

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to comply and fulfil the conditions as specified in Paragraph 2.92 below before 31st March, 2016. 2.92 Criteria for EPCs as Registering Authorities In order to make the EPCs truly democratic and participative in nature and for better governance and transparency, the criteria for them to function as Registering Authority are being laid down as under: (a) e-Voting: Electronic Voting would be mandatory for election to the posts of Vice Chairman/Vice President and Executive Committee members with a .....

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ering Authorities shall abide by all directions of the Central Government in respect of promotion and development of international trade. 2.93 Registration- cum- Membership Certificate (RCMC) (a) An exporter may, on application given in ANF 2C register and become a member of EPC. On being admitted to membership, applicant shall be granted forthwith Registration-cum-Membership Certificate (RCMC) of EPC concerned, in format given in Appendix 2R. In case an exporter desires to get registration as a .....

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uncil/Commodity Board etc., RCMC in respect thereof is to be obtained from FIEO. Further, in case of multi product exporters, not registered with any EPC, where main line of business is yet to be settled, the exporter has an option to obtain RCMC from Federation of Indian Exporters Organization (FIEO). (c) In respect of multi product exporters having their head office/ registered office in the North Eastern States, RCMC may be obtained from Shellac & Forest Products Export Promotion Council .....

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, unless otherwise specified. 2.96 Intimation Regarding Change in Constitution of Business of RCMC holder (a) In case of change in ownership, constitution, name or address of an exporter, it shall be obligatory on part of RCMC holder to intimate such change to registering authority within a period of one month from date of such change. Registering authority, however, may condone delays on merits. (b) Exporter shall furnish quarterly return /details of his exports of different commodities to conc .....

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cerned EPC shall intimate the same to all RAs. 2.98 Appeal Against De-registration A person aggrieved by a decision of registering authority in respect of any matter connected with issue of RCMC may prefer an appeal to DGFT or an officer designated in this behalf within 45 days against said decision and decision of appellate authority shall be final. 2.99 Directives of DGFT DGFT may direct any registering authority to register or deregister an exporter or otherwise issue such other directions to .....

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on in ANF 2B (b) In addition, Identity Card may also be issued by the applicant firms on their letterhead to the concerned employees. These Identity Cards may be countersigned by the concerned RA. However, application for identity card in ANF 2 B will require to be made by the applicant and all other parameters would need to be met. (c) In case of limited companies, RA may approve allotment of more than three identity cards per company. In case of loss of an identity card, a duplicate card may b .....

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signature, email id of the person duly authorised by the firm/company to send such communications. Preferential Trade Agreements: 2.103 Free Trade Agreements (FTAs)/ Preferential Trade Agreements (PTAs) (a) India has always stood for a transparent, equitable, inclusive, predictable, non-discriminatory and rules based international trading system. In this context, India s trade agreements may be seen as a measured and calibrated exposure of the Indian economy to international competition. As of O .....

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(EHS) (vi) India - Singapore Comprehensive Economic Cooperation Agreement (CECA) (vii) India - ASEAN CECA (Goods, Services and Investment) (viii) India - South Korea Comprehensive Economic Partnership Agreement (CEPA) (ix) India - Japan CEPA (x) India - Malaysia CECA (c) The list of Preferential Trade Agreements (PTAs) signed by India are: (i) Asia Pacific Trade Agreement (APTA) (ii) Global System of Trade Preferences (GSTP) (iii) India - Afghanistan PTA (iv) India - MERCOSUR PTA (v) India - Chi .....

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kal certificate of origin as being provided by some of the agencies would be discontinued. The Certificate of origin will be delivered within 24 hours/1(one) working day of the application made.] 2.104 Unilateral Tariff Preferences Under these schemes, both developed and developing countries grant unilateral tariff preferences to exports from developing countries including Least Developed Countries (LDCs). Some of these schemes are: (A) Generalised System of Preferences (GSP): (a) GSP is a non-c .....

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enefits are available, including conditions and procedures governing benefits. These schemes are renewed and modified from time to time. Normally Customs of GSP offering countries require information in Form A (prescribed for GSP Rules Of Origin) duly filled by exporters of beneficiary countries and certified by authorised agencies. List of agencies authorised to issue GSP CoO is given in Appendix-2 C. 17[(c) The European Union (EU) has introduced a self-certification scheme for certifying the r .....

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porters/customs agencies of the importing country and the fee to be changed is detailed in Appendix 2K. Agencies may charge TA and DA, as per government rates, separately from the unit.] (B) Duty Free Tariff Preference (DFTP) Scheme for LDCs: (a) The mandate for Duty Free Quota Free (DFQF) access to Least Developed Countries (LDCs) came from Paragraph 47 of the Hong Kong Ministerial Declaration of December 2005. India became the first developing country to extend this facility to LDCs through it .....

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d simplification of the Rules of Origin procedures. Under the new expanded DFTP Scheme, India is granting duty free access on 96.4% of the total tariff lines, thereby retaining only about 3.6% of lines in the Exclusion and Positive Lists.For details Department of Commerce s website: http://commerce.gov.in/ trade/ international _tpp _DFTP.pdf. and Customs Notification No.8/2014 dated 1st April, 2014 may also be referred to in this regard. 2.105 Certificates of Origin (CoO) (a) Certificate of Orig .....

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ered to. Rules of origin also facilitate in computation of trade statistics and for determination and imposition of trade remedial measures. (b) Some of the key criteria used in the determination of the rules of origin are: (i) Wholly obtained (ii) Change in tariff classification (iii) Value addition (iv) Non minimal operations (c) For exports under India s FTAs, PTAs and GSP, specified agencies are authorised to issue the certificates of origin, They shall also provide services relating to issu .....

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TA/CECA Government, from time to time, undertakes commitments for import under Tariff Rate Quota (TRQ) in various FTA/CECA. Accordingly, DGFT notifies the procedure for administration of TRQ from time to time. The Tariff Rate Quotas as existing is as under: Description HS No. In/out of quota rate (%) as per WTO In/out of quota rate (%) As per Indian Tariff Notification TRQ Vanaspati, bakery shortening and margarine from Sri Lanka 1516, 1517 or 1518 (other than 15161000, 15171010, 15179030 and 15 .....

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Vegetable fats (Vanaspati) from Nepal 22/2007-Cus 5th June 2007 1 Lakh MT Acrylic Yarn from Nepal -do- 10,000 MT Copper products from Nepal Chapter 74 of ITC(HS) and 8544 -do- 10,000 MT Zinc Oxide from Nepal -do- 2500MT * Imports will be permitted subject to the arrangements / Procedure as laid down in Annexure-I of Appendix-2A. 2.108 Rules of Origin (Non-Preferential) (a) Rules of Origin (Non-Preferential) criteria are as under: (I) Goods are to be manufactured by the exporting entity as per t .....

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ting, cutting; (ii) changes of packing and breaking up and assembly of consignments; (iii) simple cutting, slicing and repacking or placing in bottles, flasks, bags, boxes, fixing on cards or boards, and all other simple packing operations; (iv) operations to ensure the preservation of products in good condition during transport and storage (such as drying, freezing, keeping in brine, ventilation, spreading out, chilling, placing in salt, sulphur dioxide or other aqueous solutions, removal of da .....

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NonPreferential Certificate of Origin (CoO). These CoOs evidence origin of goods and do not bestow any right to preferential tariffs. List of notified agencies is provided in Appendix-2 E. In addition, agencies authorised to issue Preferential CoO are also authorised to issue Non-Preferential CoO. (c) All exporters who are required to submit CoO (Non Preferential) would have to apply to any of agencies enlisted in Appendix-2 E with following documents: (i) Details of quantum / origin of inputs / .....

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e. Any agency desirous of enlistment in Appendix- 2 E may submit their application as per Annexure-I to Appendix 2 E to DGFT. (e) Non-preferential - Self Certification: Manufacturer exporters who are also Status Holders shall be eligible to self-certify their goods as originating from India, if goods qualify the criteria, as laid down in (a) above, as per Annexure -III to Appendix 2 E. 2.109 Approved Exporter Scheme (AES) for self -certification Details of the Scheme are provided in Appendix 2F .....

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r review of decision of any committee or a decision/order by any subordinate Authority in the Directorate General of Foreign Trade is required to be submitted in ANF-2E. (b) Director General of Foreign Trade shall be the Chairman of PRC with all Additional DGFTs, all Joint DGFTs in charge of Policy Divisions in Hqrs as members. The Joint DGFT (PRC) shall act as Member Secretary; and the Committee can Co-opt member/s with specific expertise/experience as and when required. ******************** No .....

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if found appropriate, under intimation to the RA under whose jurisdiction the applicant wants transfer. The new RA shall allow the person in its new address to carry out necessary functions and also apply for eligible benefits as per FTP." 2. Omitted vide PUBLIC NOTICE No. 65/2015-2020 - Dated 13-03-2018, before it was read as, "2.86 Irrevocable Letter of Credit In case where applicant applies for duty credit scrip / discharge of EO against confirmed irrevocable letter of credit (or bi .....

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ore, JNPT, Kandla, Mormugao, Mumbai, New Mangalore, Paragraphdip, Tuticorin, Vishakhapatnam, Pipava, Mundra and Kolkata will be allowed to import unshredded scrap till 31st March, 2018 by which time they are required to install and operationalize Radiation Portal Monitors and Container Scanner. Such sea ports which fail to meet the deadline will be derecognised for the purpose of import of un-shredded metallic scrap w.e.f 1.4.2018." 4. Substituted vide Public Notice No. 05/2015-2020 - Dated .....

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d only if both tertiary and secondary packaging carry barcoding as applicable and the relevant data as prescribed by DGFT is uploaded on the Central Portal." 5. Substituted vide Public Notice No. 04/2015-2020 - Dated 09-05-2018, before it was read as, "Notwithstanding the above, import consignments shall be subject to pre-inspection certificate from the country of origin. However, requirement of Pre-Shipment Inspection Certification (PSIC) will be reviewed with the operationalisation o .....

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9. Paradip, 10. Tuticorin, 11. Vishakhapatnam, 12. Pipava, 13. Mundra, 14. Kolkata. 7. Substituted vide Public Notice No.19/2015-20 dated 03-07-2018 before it was read as "(f) Applicability of provisions of relevant bilateral or multilateral Agreements and Arrangements, to which India is a party, or adherent, including but not limited to the guidelines and control lists of the Nuclear Suppliers Group, Missile Technology Control Regime, Australia Group and Wassenaar Arrangement (and its Sen .....

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for grant of authorizations for repeat orders for export of SCOMET items shall be approved by Chairman IMWG and the case shall be brought before IMWG in its subsequent meeting for approval on ex-post facto basis. The approval will be subject to the fulfillment of the following criteria: (i) (a) the product along with the technical specification (b) the exporter (c) the foreign buyer (d) the consignee or the intermediaries, if any (e) the end user (f) the end use and (g) the country of destinati .....

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risations against the original authorisation. (v) A declaration by the authorised signatory on the qualifying conditions as per (i) to (iv) above shall be submitted along with the application for consideration under the repeat order route." 10. Substituted vide Public Notice No. 27/2015-2020 dated 08-08-2018 before it was read as "2.08 Application for IEC (a) Exporters / Importers shall file an online application in ANF 2A format for grant of e-IEC with digital signatures along with re .....

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one online only. Applicants seeking modification in their IEC s may log on to dgft.nic.in and click on Importer Exporter Code (IEC) under Quick Links and select Modify your IEC to amend their e-IEC s and IEC s in physical format by paying requisite fees and submitting requisite documents to the concerned jurisdictional RA, from where IEC was originally issued. List of RAs, along with their jurisdiction is given in Appendix 1A. (b) An application for modification may be made for change in details .....

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ned authorities. (d) RAs shall also take cognizance of the applications digitally signed by power of attorney holders/authorised signatories." 12 Inserted vide Public Notice No. 33/2015-20 dated 04-09-2018 13. Inserted vide Public Notice No. 34/2015-20 dated 04-09-2018 14. Substituted vide PUBLIC NOTICE NO. 45/(2015-2020) dated 15-11-2018 before it was read as "(ii) 3[The existing designated sea ports namely Chennai, Cochin, Ennore, JNPT, Kandla, Mormugao, Mumbai, New Mangalore, Paragr .....

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export authorisation for "Stock and Sale" of SCOMET items Stockist refers to the entity abroad to whom the SCOMET items are originally exported by Indian principal/wholly owned subsidiary. The Stockist entity should be a subsidiary/principal company abroad of the Indian exporter. Applications for grant of authorization for export of SCOMET items for 'Stock & Sale' purpose shall be evaluated/considered by IMWG subject to the conditions prescribed as under: a) Application fo .....

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ries to which exports would be done by the stockist needs to be indicated in the EUC for 'stock & sale' purposes. Documentary proof regarding relationship between exporter and stockist entity needs to be submitted at the time of application. ii. The Stock & Sale Authorization holder would submit a statement of exports made from India, inventory with the stockist and transfers made to final end-users as on December 31st of each calendar year by 31st January of the following year. .....

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ose would be considered for items falling in Categories 0 and 6 of the SCOMET list] v. No export Authorisation for Stock & Sale purpose shall be issued for Technology in any category. (b) Application for permission for re-export/re-transfer from Stockist to Ultimate end-user(s) (i) Applications for re-export/re-transfer of items from the stockist entity to the end-user to be submitted to DGFT(Hq) as per ANF 2O(a) along with the following documents (hereinafter referred to as required documen .....

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ity (ies), including end users, in the same country, the former shall obtain the required documents from each link in the supply chain and forward the same to the Indian applicant/licensee for the purpose of submission to DGFT(Hq) for seeking prior permission for such transfer. The IMWG may, however, relax this requirement of prior permission based on a Risk Assessment for such within same country sale/transfer. b) In case of same country sale/transfer by the stockist entity, where IMWG has agre .....

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ransfers . iii) Re-export outside the country by the stockist:- Application for reexport by the stockist entity to entity(ies) outside its country, shall be forwarded by the stockist entity to the Indian applicant/licensee, with the required documents from all links in chain of supply for the purpose of submission to DGFT(Hq) for seeking prior permission for such transfer. (iv) Applications for re-export/re-transfer of SCOMET items from the stockist entity to the end-user for repeat orders shall .....

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