TMI BlogGENERAL PROVISIONS REGARDING EXPORTS AND IMPORTSX X X X Extracts X X X X X X X X Extracts X X X X ..... 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 specified, shall be submitted to jurisdictional RA . 2.05 Incomplete Application (a) An incomplete or unauthorised application is liable to be rejected by the competent authority with specific reason for rejection. Such incomplete application may be re-opened on rectifying the deficiencies. (b) If the deficiencies are not rectified by the applicant within a period of 90 days, the application will be deemed to have been withdrawn. 2.06 Application Fee The scale of fee, mode of payment, procedure for refund of fee and categories of persons exempted from payment of fee are provided for in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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r 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 /to Nepal 7 IIEGM0170E Persons importing / exporting goods from / to Myanmar through Indo-Myanmar border areas 8 IFFIE0188E Ford Foundation. 9 ATAEF1096E Importers importing goods for display or use in fairs/ exhibitions or similar events under provisions of ATA carnet. This IEC number can also be used by importers importing for exhibitions/fairs as per Paragraph 2.63 of Handbook of Procedures 10 IDNBG1100E Director, National Blood Group ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 from the RA as per FTP. 2.12 One PAN-One IEC Only one IEC shall be issued against a single PAN. Multiple IECs against a single PAN stands deactivated suo-motu after 31.03.2015. 2.13 Surrender of IEC If an IEC holder does not wish to operate allotted IEC, he may surrender the same to the issuing authority. On receipt, the issuing authority shall immediately cancel the IEC and electronically transmit it to DGFT and Customs authorities. 11 [2.14 Modification/Cancellation of IEC (a) Modifications in IECs / 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 w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... licant. The new RA will also separately inform the RA, who had initially issued the IEC, of the changes made in 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 be filed each time the importer/exporter applies for authorisations/scrips under different schemes of this FTP. However, persons seeking any benefit from any authority, by claiming status as manufacturer exporter, have to prove its credence for the same independently to that authority. Issue of Authorisation: 2.16 Validity period of Authorisation/ Licence / Certificate / Authorisation / Permissions / CCPs (a) Validity period of Import / Export Authorisations from the date of issue shall be as follows, unless specified otherwise: Sr.No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lidation 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. 43 [ (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 DGFT (Hqrs). ] (c) However, revalidation of freely transferable authorisation / duty credit scrips and stock and sale (excluding SCOMET items) authorisation shall not be permitted unless validity has expired while in custody of Customs Authority / RA / Government Authority. (d) Revalidation of Authorisation/Duty Credit Scrip shall also be allowed without charging any fee for the period of delay (the period for which authorisation/scrip holder was unable to utilise the same) or six months, whichever is less, due to the following reasons: (i) If Authorisation/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 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wing documents: (i) An application with fee equivalent to 10% of duty saved or duty credit (of unutilized balance). (ii) A copy of FIR reporting loss. (iii) Self- declaration to indemnify revenue loss, which may be caused on account of issue of such duplicate. 2.25 Exception When an Authorisation is lost by a Government agency and a proof to this effect is submitted, documents at serial nos. (i) to (iii) 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 validity has expired. 2.28 Applicability of the provision Provision of Paragraph 2.26 and 2.27 shall be applicable for cases covered under both Paragraph 2.23 and 2.24 Bank Guarantee /LUT: 2.29 Execution of BG/Legal undertaking for Advance Authorisa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncing 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 benefits of deemed export as in paragraph 7.03 of FTP, even in cases where supplies are under lease financing. In case of loss of Documents: 2.33 Issuance of scrips against lost EP copy of the Shipping Bills Where EP copy of Shipping Bill is lost, claim for Scrips under Chapter 3 and Chapter 5 can be considered subject to submission of following documents: (i) A duplicate /certified copy of relevant document issued by Customs Authority in lieu of original; (ii) An application fee equivalent to 2% 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... estricted or prohibited for export. Validity of such certificate shall be two year from date of issue unless otherwise specified. (ii) An application for 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 certificates as per Appendix 2Q of Appendices and Aayat Niryat Forms. The certificate shall be issued based on application made under ANF 2 J along with documents prescribed therein. 2.39 Imports under Indo-US Memorandum of Understanding (a) Import of specified capital goods, raw materials and components, from United States of America (USA) is subject to US Export Control Regulations. US suppliers of such items are required to obtain an export authorisation based on import certificate issued in India. The following are designated I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... religious or an educational institution registered under any law in force, and gift sought to be imported has been exempted from payment of customs duty, such import shall be allowed by customs authorities without a CCP. 2.41 Import of Cheque Books /Ticket Forms etc. Indian branches of foreign banks, insurance companies and travel agencies may import chequebooks, bank draft forms and travellers cheque forms without a CCP. Similarly, airlines / shipping companies operating in India, including persons authorised by such airlines / shipping companies, may import passenger ticket forms without a CCP. 2.42 Import of Reconditioned/ 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 against a marine insurance or marine-cum-erec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing three licensing years subject to a minimum of ₹ 2000. (c) An application for grant of an Authorisation 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 Appendix8A 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. (B) Agro-Chemicals Sector : (i) Duty free imports of goods as specified in list 28A of Customs notification No. 21/2012 dated 17.3.2012, upto 1% of FOB value of exports made during preceding licensing year, shall be allowed to agro chemicals sector unit having export turnover of ₹ 20 cro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... date of import. The transferee can subsequently transfer/resell to any buyer as certified by the NRAI or Department of Sports for the sole purpose of pursuing shooting as a sport after one year from the date of its first sale. Such transfer/sale is subject to the provisions of the Arms Act, 1959 and other rules/regulations by state/local police. NRAI/Department of Sports will maintain the required records. Import of Restricted Items: 2.50 Import of Restricted Items An application for grant of an Authorisation for import or export of items mentioned as Restricted in ITC (HS) 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 assistance and advice of a Facilitation Committee while granting authorisation. The Assistance of tec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourism industry, including 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 conditionality, or requirement of licence, or permission, as may be required under Schedule II of ITC (HS). (e) An application for grant of an Authorisation under paragraphs 2.52 (a) and 2.52 (b) may be made in ANF 2 M to DGFT through Director of Tourism, Government of India who will forward application to RA concerned along with their recommendations. 2.53 Import of Restricted items for R D by units of Government All restricted items and items permitted to be imported by STEs, except live animals, required for R D purpose may be imported without an Authorisation by Government recognized Research and Development units. 2.54 Import of Metallic Waste and Scra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not contain radiation level (gamma and neutron) in excess of natural background. The certificate shall give the value of background radiation level at that place as also the maximum radiation level on the scrap; and (ii) Importer shall also furnish copy of the contract with the exporter stipulating that the consignment does not contain any radioactive contaminated material 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 effect that the consignment does not contain any type of arms, ammunition, mines, shells, cartridges, or any other explosive material in any form either used or otherwise, and that the consignment was checked for radiation level and it does not contain radiation level (gamma and neutron) in excess of natural background. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ortal 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) 38 [ Import consignments of metallic waste and scrap shall be subject to pre-shipment 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, New Zealand, Australia and the EU will not require PSIC if consignments are cleared through eight (8) ports namely, Chennai, Tuticorin, Kandla, JNPT, Mumbai, Krishnapatnam, Mundra and Kattupalli . Consignments from these six countries / region will be accompanied by certificate from the supplier/scrap yard authority to the effect that it does not contain any radioactive materials/ explosives. These will however be subject to radiation and explosive checks through portal monitors and container scanner at these ports. Trans-shipments through these countries /regions will not be allowed this facility. Import through remaining eight(8) other ports (for both shredded and unshredded scrap/waste), irrespective of country of origin, will be subje ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pment 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 in accordance with the declaration given in PSIC. In case of any mis-declaration, they shall be liable for penal action under Foreign Trade (Development Regulation) Act, 1992, as amended. (c) The scanned copy of the PSIC (in pdf format) shall have to be uploaded by the PSIA on DGFT website or emailed to DGFT (at psic-dgft@gov.in). The certificate shall be issued in prescribed form Appendix 2H. (d) The PSIA will also be required to take photographs or make video of the inspection carried out, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1507 10 00 20,00,000 Crude Sunflower seed oil 1512 11 10 20,00,000 The duty exemption under the said TRQs may be availed as per Ministry of Finance (Department of Revenue) Notification No. 30/2022-Customs dated 24.05.2022. 68 [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), National Cooperative Dairy Federation (NCDF) and National Agricultural Cooperative Marketing Federation of India Ltd. (NAFED). (b) Maize (corn) (Tariff Code No. 1005.90 ): National Agricultural Cooperative Marketing Federation of India Ltd. (NAFED) and State Cooperative Marketing Federations. (c) Crude 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), National Agricultural Cooperative Marketing Federation of India Ltd.(NAFED) and Central Warehousing Corporation (CWC), State Coo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g quotas All eligible entities are eligible to avail quotas subject to the conditions as detailed below: (i) All eligible entities desiring availment of quota as mentioned above, may make application to EFC in ANF 2M to DGFT, Udyog Bhavan, New Delhi 110 011. Completed application forms along with prescribed documents must reach on or before 1st March of each financial year preceding to the year of quota (ii) Imports have to be completed before 31st March 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 to procedure contained in Appendix 2K of Appendices Aayat Niryat Forms. (v) EFC in DGFT will evaluate and allot quota among applicants by 31st March of each financial year preceeding to year of quota. Exhibits and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 2Q. 2.69 Export of Items Reserved for MSME Sector Units other than small scale units are permitted to expand or create new capacities in respect of items reserved for small scale sector, subject to condition that they obtain an Industrial licence under the Industries (Development and Regulation) Act, 1951, with export obligation as may be specified. Such licensee is required to furnish a LUT to RA and DGFT in this regard. DGFT / RA concerned shall monitor export obligation. 2.70 Export by post In 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 ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itting the online application, all the required documents including End User Certificates (EUCs) are to be uploaded as PDF files. Manual submission of application is dispensed with except the original End User Certificate(s) in Appendix 2 S from all entities in the chain of supply viz. the foreign buyer, end user and intermediary/consignee (if they are different from the foreign buyer end user), which is/are to be submitted in hard copy to SCOMET Section 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 records; f) Any communication from any government agency related to an application for authorization for any item on the SCOMET list or a commodity classification request; g) Shipping documents including shipping bill, b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Department of Atomic Energy under Atomic Energy Act,1962. For certain items in Category 0, formal assurances from the recipient State will include non-use in any nuclear explosive device. Authorisations for export of certain items in Category 0 will not be granted unless transfer is additionally under adequate physical protection and is covered by appropriate International Atomic Energy Agency (IAEA) safeguards, or any other mutually agreed controls on transferred items. (b) Licensing authority for items 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xceeding six months. Exporters are entitled to apply for an export authorisation for such items exhibited abroad. If exhibitor intends to offer that item for sale during exhibition abroad, such sale shall not take place without a valid Authorisation. Note 3: Export of items in Category 2 of SCOMET list may also be controlled by other applicable guidelines issued from time-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, maintenance and repair of the item. 59 [2.76 Supply of SCOMET Items from DTA to SEZ/EOU and outside the country No export authorization is required for supply of SCOMET items from DTA to SEZ / EOU . Export Authorisation is, however, required if the SCOMET items are to be physically exported outside the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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 or foreign policy goals and objectives, the objectives of global non-proliferation, or its obligations under treaties to which it is a State party. (d) The assessed risk that the arrangement / understanding could lead to dual-use items and technology falling into the hands of terrorists, terrorist groups and non-State actors. (e) In case site visit, on-site verification or access to records/ documentation is to be carried out by a foreign government or its representative(s), the following shall 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e approval will be subject to the fulfillment of the following criteria: (i) Same SCOMET items would imply that the products, along with the technical specifications, are exactly the same for which export authorization has been issued to the applicant exporter earlier after due consultation/verification; (ii) 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 cumulative quantity permitted against repeat export authorizations shall be commensurate with the operational capacity of the end user in respect of the relevant product, as certified by the end user. A certificate to this effect from the end user shall be submitted by the exporter alongwith the application for a repeat authorization, (v) A declaration by the autho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... India would be exported by the stockist; iv. Purchase Order(s)/Invoice(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 stockist, and, for grant of in-principle approval for re-export to specified countries of ultimate end use approved by the IMWG; e. No authorization would be required for transfer from the stockist to the ultimate end user(s) within the country of the stockist and for re-export to end users in such approved countries; f. Re-export to such approved countries would be subject to the export control regulations of the country of the stockist; g. Country would denote an independent sovereign entity which 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 ; Pos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uary 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 stockist entity under the stock and sale authorization should be transferred to the final end-user(s) within the validity period of the authorization as in paragraph 2.16 of HBP ; n. The authorization may be revalidated as per the procedure mentioned in paragraph 2.80 of HBP; ] 2.79 B Issue of export authorisation for spare parts of SCOMET items under stock and sale At the request of the applicant, export permission for spare parts covered under SCOMET may be considered by IMWG along with the application 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. ] 32 [Para 2.79 C Issue of authorizations for repair/replacement of SCOME ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s no change to the original characteristics/specifications of the item(s) after import; c. That the replacement or repair of defective/damaged items (whichever is applicable) is allowed under the conditions of import or contractual agreement; d. That the defective/damaged item(s) after repair/replacement shall be brought back to India within 90 days of its export; e. That, in case the defective damaged item(s)cannot be imported due to any reason (beyond repair, testing failure analysis etc.), evidence of destruction in the importing country shall be submitted to DGFT within 90 days of export. f. That, in case time beyond 90 days is required for repair of imported defective/damaged item(s) before re-import, permission from DGFT shall have to be obtained in advance indicating detailed justification for seeking extension of time. iii. Applications for grant of authorizations for export to the entity from which it was imported or to the OEM (including agency authorized by OEM) shall be approved by Chairman IMWG, without any consultation with IMWG members. However, in cases of export to an entity other than the OEM (including agency authorized by OEM), approval will ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry /Sub-category number(s); b. That there has been no change to the original characteristics/specifications of 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 brought back to India within 90 days of its replacement (in case of replacement); f. That, in case the defective/damaged item(s)cannot be imported due to any reason (beyond repair, testing failure analysis etc.), evidence of destruction in the importing country shall be submitted to DGFT within 90 days of export of replacement. iii. Applications for grant of authorizations to export the replaced/repaired item(s) to/through the same entity (ies), as specified in the original SCOMET license, shall be approved by Chairman IMWG, without any consultation with IMWG m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... conditions for undertaking repair in India. 3. An Undertaking from the Indian exporter; An Undertaking from the applicant exporter (on the letter head of the firm duly signed and stamped by the authorized signatory) stating: a. Details of imported items to be exported after repair alongwith their SCOMET Category /Sub-category number(s), quantity, item description and ECCN of foreign country; b. That item(s) are being exported to the same entity from which it was originally imported for repair and return purpose or to the OEM (including agency authorized by OEM); c. That there has been no change to the original characteristics/specifications of the item(s) after import; d. That the repair of defective/damaged items is allowed under the conditions of import or contractual agreement between Indian exporter, entities of repair facility (if different from exporter) and the entity abroad /OEM (including agency authorized by OEM) (name and address); iii . Applications for grant of authorizations for export to the entity from which it was imported or to the OEM (including agency authorized by OEM) shall be approved by Chairman IMWG, without any consultation with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n suspended, modified or revoked by country of import: i. 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; j. No details of 'End Use' and 'End Use Certificate' would be required; k. GAER issued for specific item and specific entity (buyer/end user) shall not be applicable in case the re-export is of a different imported item or to a different entity or Authorised OEM. In such cases. either a new GAER authorization may be applied or application may be filed under Para 2.79 C (C) of HBP . B. Documents Required for GAER 1. Proof of import of the item(s): a. Export License (if applicable) issued by the foreign country for original import of the items to India; b. Documentary proof and/or self declaration that the item exempted from license requirement or place under no license requirement for India. c. Bill of Entry (first time) 2. Proof of obligation for repair of defective/damaged items: Contract agreement and/or 'Statement of Work (SOW)'/ Master Service agreement (MSA) between Indian exporter and with the entity abr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uch export; b) GAER cannot be re-validated in terms of Paragraph 2.80 of HBP of FTP 2015-20 . E. Suspension / Revocation GAER issued shall be liable to be suspended / revoked by the DGFT on receipt of an adverse report on proliferation concern or for non-submission of mandatory reports /documents within the prescribed timelines or for non-compliance with the conditions of this Public Notice. F. General conditions i. GAER would not be issued in case of items to be used to design. develop, acquire. Manufacture, possess, transport, transfer and / or used for chemical, biological, nuclear weapons or for missiles capable of delivering weapons of mass destruction and their delivery system; ii. GAER would not be issued for countries or entities covered under UNSC embargo/ sanctions or on assessment of proliferation concerns, or national security and foreign policy considerations. etc.; iii. DGFT shall reserve the right to deny issuance of GAER or recall GAER without assigning any reason(s). G . Applications for grant of General authorizations for export to the same entity from goods were imported shall be approved by Chairman IMWG, without any consultat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Details of items to be exported for Demo/Display/Exhibition /tender/ RFP/RFQ/NIT alongwith their SCOMET Category /Sub-category number(s), quantity and item description. c. that the exported items will be in the custody of the exporter during the entire period of export; d. 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; e. that the Bill of Entry confirming the return back of the exported items to India shall be submitted to DGFT. (h) Applications for grant of authorizations shall be approved by Chairman, IMWG after verifying the credentials of the event/organizer. (B) Authorization for export of imported SCOMET items after participation in demo/display/exhibition /tenders/ RFP/RFQ/NIT in India Application for grant of authorization for export of imported SCOMET items to the entity from which it has been originally imported or to its OEM (including agency authorized by OEM), after Demo/Display/Exhibition/tender/RFP/RFQ/NIT, shall be considered by Chairman IMWG, on the following conditions: a) The SCOMET item(s) were imported in India for the purpose of demo/displ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ian exporter and entity abroad /OEM (including agency authorized by OEM). f) Applications for grant of authorizations for export to the entity from which it was originally imported or to the OEM (including agency authorized by OEM) shall be approved by Chairman IMWG, without any consultation with IMWG members. However, in cases of export to an entity other than the original supplier or OEM (including agency authorized by OEM), approval will be granted by Chairman, IMWG after verification of the credentials of the foreign entity to which the item(s) are to be 3. All such authorizations shall be brought before IMWG in its subsequent meeting for confirmation of approval, on ex-post facto basis. Note:- RFP refers to Request for Proposal RFQ refers to Request for Quotation NIT refers to Notice Inviting Tender ] 20[ Para 2.79 E- Issue of export authorizations for re-export/return of imported SCOMET items to the same foreign entity or to its OEM (including agencies authorized by OEM) Application for grant of authorization for re-export/return of imported SCOMET items to the foreign entity from which it has been originally imported or to its OEM (includin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er(s); b. That item (s) are being exported to the same foreign entity from which it was originally imported or to the OEM [including agency(ies) authorized by OEM] (whichever is applicable); c. That there has been no change in the specifications of the item(s) after import in India; d. That the re-export/return of items due to reasons such as obsolescene of technology of imported items; cancellation of order by Indian buyer/end user; dead on arrival etc. (whichever is applicable) is allowed under the conditions of import or contractual agreement. (e) Applications for grant of authorizations for export to the entity from which it was originally imported or to the OEM (including agency authorized by OEM) shall be approved by Chairman IMWG, without any consultation with IMWG members. However, in cases of re-export/return to an entity other than the OEM (including agencies authorized by OEM), approval will be granted by Chairman, IMWG after verification of the credentials of the foreign entity to which the item(s) are to be exported. (f) All such authorizations shall be brought before IMWG in its subsequent meeting for confirmation of approval, on ex-post facto basis. ] ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... zerland, Turkey, Ukraine, United Kingdom, United States. Note : However, IMWG on a case to case basis may allow countries other than those listed in Table 1 considering description/end use/end user of the item. c. The applicant exporter declares that the exported items would be used for the purposes for which it is intended by the foreign subsidiary of Indian company / foreign parent company / another subsidiary of foreign parent company, as the case may be; d. The applicant exporter furnishes either a certified/approved Internal Compliance Programme (ICP) or demonstrates compliance to the ICP of the foreign parent company or ICP certified by the Compliance Manager of the company or certified by any Government agency such as Authorized Economic Operator (AEO) scheme etc. e. The exporter agrees to allow on-site inspection, if required by the DGFT or authorized representatives of Government of India; f. No export authorization would be granted for UNSC sanctioned destinations or countries; g. No export authorization shall be granted to an exporter specified at (i) above if they have come to adverse notice previously; h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oses for which it is intended by the foreign subsidiary of Indian company / foreign parent company / another subsidiary of foreign parent company, as the case may be; c. The applicant exporter declares that subsequent to issue of export authorisation, if the licensee has been notified in writing by DGFT or if they know or has reason to believe that an item may be intended for military end use, the exporter would not be eligible for GAICT for export of that/those item(s) and would apply separately to DGFT for a fresh authorisation in terms of regular policy. [DGFT s PN No. 27 dated 21.09.2017 for catch-all policy may also be referred]. viii. The Company must ensure that: a. They shall submit original End User Certificate in the prescribed format within 30 days of filing application and in case of subsequent exports, within 30 days of delivery at destination point, after issue of export authorisation; b. They have Agreement/purchase order, excerpt of contract from entity (consignee) receiving the items which states the export is for a permitted use ; c. The documents include the name contact number and email id of the authority signing the EUC. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . IMWG shall reserve the right to deny issuance of authorization GAICT for any reason and also relax any provision of the policy, if so required in exceptional cases. F. Re-exports / re-transfer of the items including software and technology (processed or incorporated) Further re-exports / re-transfers of the items including software and technology (processed or incorporated) from the foreign subsidiary company or foreign parent company / another subsidiary of foreign parent company to end users in other countries would be subject to the export control regulations of the country of the foreign subsidiary of Indian company or foreign parent company / another subsidiary of foreign parent company. G. Validity a) GAICT issued for intra-company transfers of SCOMET items including software and technology shall be valid for a period of three years from the date of issue of GAICT; b) GAICT cannot be revalidated in terms of Paragraph 2.80 of HBP of FTP 2015-20 . H. Suspension / Revocation GAICT issued shall be liable to be suspended by the DGFT on receipt of intimation about initiation of any inquiry from the country concerned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... may be intended for military end use or has a potential risk of use in or diversion to weapons of mass destruction (WMD) or in their missile system, the exporter would not be eligible for GAEC for export of that/those item(s) and would apply separately to DGFT for a fresh authorization in terms of regular policy. iv. Action will be taken against the exporter under FT (D R) Act, 1992 for any mis-declaration. c. After issuance of GAEC authorization and before actual export, the applicant exporter must ensure the following: i. They shall notify the relevant government authorities in the online portal of DGFT, within 30 days of such export in the prescribed format [Aayat Niryat Form (ANF) 2O], along with the End-Use Certificate (EUC) in the pr-scribed proforma [Appendix 2S(ii)] and a copy of the bill of entry into the destination country within 30 days of delivery at destination point. ii. They have an agreement or a purchase order, excerpt of contract from entity (consignee / end user) receiving the items which states that the export is for a permitted use / an end use as declared in the EUC before actual export; iii. They possess documents include the name, c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng 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 furnish their written comments/views/No Objection to DGFT within 30 days from the date of forwarding of applications by DGFT (Hqrs.). If no comments/views/No Objection is received within the stipulated period. The cases will be placed before IMWG for taking a decision as deemed appropriate. Export through State Trading Enterprises (STE): 2.83 Export of Items under (STE) An application under ANF 2N for export of items mentioned in ITC (HS), 2012 under STE regime may be made to DGFT as per paragraph 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 ₹ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nother If Customs Authorities, after recording reasons in writing, permit conversion of an E.P. copy of any scheme-shipping bill on which benefit of that scheme has not been availed, exporter would be entitled to benefit under scheme in which shipment is subsequently converted. 2.89 Offsetting of Export Proceeds Subject to specific approval of RBI, any payables, 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 quality standards in export product / units manufacturing export product. Agencies authorised to grant Quality Certification: (a) List of such agencies authorised to grant quality certification is given in Appendix-2I (b) For ISO 9000 (Series) and for ISO 14000 (Series), the Agencies accredited with Nat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y 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 its supply chain. iii. Maintenance of data of Parent-Child relationship: The data mentioned in (ii) above shall be uploaded on the central portal of the Government of India (http://dava.gov.in) by the manufacturer or exporter or its designated agency before release of the drug formulations for sale or distribution. iv. The responsibility of the correctness, completeness and ensuring timely upload of data on the central portal shall be with the manufacturer or exporter. v. In case, the Government of 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 Ind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g RCMC. (b) The list of notified Registering Authorities is at Appendix-2 T. (c) EPCs acting as the Registering Authorities for RCMC at present will continue to act as Registering Authorities and issue RCMC to their members till 31st March, 2016. EPCs wishing to continue as Registering Authority for their product group thereafter shall have 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 view to ensuring wider participation. (b) Tenure of Elected Heads: The tenure of an elected head shall not be for more than two years. The election of Chairman/President of the EPC shall be via Vice Chairman/Vice President route. However, any member having held the post of Chairman/President and/or Vice Chairman/Vice President may come ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ligatory 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. 56 [ **** ] 2.97 De- Registration Registering authority may de-register an RCMC holder for a specified period for violation of conditions of registration. Before such deregistration, RCMC holder shall be given a show cause notice by registering authority, and an adequate and reasonable opportunity to make a representation against the proposed de-registration. Upon de registration, concerned 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 them consistent with and in order to implement provisions of FT (D R) Act, Rules an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Trade Commerce and Transit (v) India - Thailand FTA - Early Harvest Scheme (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 - Chile PTA (vi) SAARC Preferential Trading Arrangement (SAPTA) (d) The list of these agreements with the participating countries as well as their entry into force is given in Appendix 2A. 17 [ (e) Fees chargeable for issuance of preferential Certificate of Origin is as detailed in Appendix - 2K. The same would also be applicable as verification fee for Rules of Origin Certificate issued under any Free Trade Agreements, in case of verification as detailed in Appendix - 2K. However, the provision of Tatkal certificate of origin as being provided by some of the agencies would ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... certified eCoOs, to be followed by all Authorized agencies/Local Administrators is detailed in Annex II to Appendix 2C. ] (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 its Duty Free Tariff Preference (DFTP) Scheme for LDCs which came into effect in August, 2008 with tariff reductions spread over five years. The Scheme provided preferential market access on tariff lines that comprise 92.5% of global exports of all LDCs. (b) Subsequently in 2014, the Scheme was modified both with reference to increase in coverage as well as its simplification. This was in response to requests from several LDCs for additional product coverage on lines of of their export interest and 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 De ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 18 (other than 15161000, 15171010, 15179030 and 15180040 which are prohibited for import) - - No.2/2007- Customs dated 5 th January 2007 *2,50,000 MT Pepper from Sri Lanka 0904 - - No.2/2007-Customs dated 5 th January 2007 *2500 MT Desiccated Coconut from Sri Lanka 08011100 - - No.2/2007- Customs dated 5 th January 2007 *500 MT Articles of apparel and clothing accessories imported from Sri Lanka 61, 62 - 5%/10% 26/2000-Cus List 3 8 million pieces Tea and preparagrap htions thereof imported from Sri Lanka 2101 - 15%/30% 26/2000-Cus List 4 15 million kgs. Vegetable fats (Vanaspati) from Nepal 22/2007-Cus 5th June 2007 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Beer made from malt. 22030000 - 25% 2,000,000 litres Fruit Wine: Other fermented beverages (for example, cider, perry, mead, sake);mixtures of fermented beverages and mixtures of fermented beverages and non-alcoholic beverages, not elsewhere specified or included. 22060000 - 0% 5000 litres In containers holding 2 l or less----- Rum 22084011 - 0% No. 25/2021- Customs dated 31 st March, 2021 1.50 million litres In containers holding 2 l or less--------- Other 22084012 - 0% 1.50 million litres Other------ Rum 22084091 - 0% 1.50 million litres Other------ other 22084092 - 0% 1.50 million litres ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consisting of removal of dust, sifting or screening, sorting, classifying, matching (including the making-up of sets of articles), washing, painting, 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 damaged parts, and like operations); (v) affixing of marks, labels or other like distinguishing signs on products or their packaging; (vi) simple mixing of products ; (vii) simple assembly of parts of products to constitute a complete product; (viii) disassembly; (ix) slaughter which means the mere killing of animals; and (x) mere dilution with water or another substance that does not materially alter the characteristics of the products. (b) Government has also nominated certain agencies to issue NonPreferential Certificat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... member/s with specific expertise/experience as and when required. - ******************** Notes:- 1. Substituted vide PUBLIC NOTICE NO. 58/(2015-2020) - Dated 05-02-2018 , before it was read as, When an IEC holder seeks modification/ change of Branch Office/ Head Office/ Registered Office address in its IEC and which involves a shift in its jurisdictional RA, a request to that effect will have to be made to RA concerned under whose jurisdiction the applicant exists. On the basis of this request, the RA (Custodian of the IEC File till now) will process such requests and amend IEC, 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 bill of exchange ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of scrap would take place only through following designated ports and no exceptions would be allowed even in case of EOUs, SEZs:- 1. Chennai, 2. Cochin, 3. Ennore, 4. JNPT, 5. Kandla, 6. Mormugao, 7. Mumbai, 8. New Mangalore, 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 Sensitive List and Very Sensitive List) as updated from time to time. 8. Substituted vide Public Notice No.19/2015-20 dated 03-07-2018 before it was read as iv. No applications for Authorization for Export of SCOMET items for Stock Sale purpose would be considered for items falling in Category 0, 1C and 6 of the SCOMET list. 9. Sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orter 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 like name, address, constitution, ownership in Proprietorship firms, change in nature of the firm e.g. from proprietorship to partnership etc. (c) RAs shall consider applications seeking modification in IEC, 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. RAs must also share the modified IEC, with the changed PAN incorporated in it, with all concerned 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. Inser ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sfers made to final end-users as on December 31st of each calendar year by 31st January of the following year. A consolidated statement would be required to be submitted within a period of 3 months from the expiry of the Stock Sale Authorization. iii. The items exported to the stockist entity under this authorization should be transferred to the final end-user within the validity period of the authorization. The authorization may be revalidated as per the procedure mentioned in Paragraph 2.80 of HBP. 8 [ iv. No application for authorisation for export of SCOMET items for 'stock and sale' purpose 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 documents):- a) End-use/End-user certificate from eac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the request of the applicant, export permission for spare parts covered under SCOMET may be considered by IMWG along with the application for the main item/ equipment. Accordingly, the applicant seeking permission for export of spares may indicate the requirement of spares in the application for main equipment after judicious and reasonable assessment thereof, and provide the justification for the same. 17. Inserted vide PUBLIC NOTICE NO. 53/2015-2020 dated 30-11-2018 18. Substituted vide PUBLIC NOTICE NO. 53/2015-2020 dated 30-11-2018 before it was as (c) The European Union (EU) has introduced a self-certification scheme for certifying the rules of origin under GSP from 1.1.2017 onwards. Under the Registered Exporter System (REX) being introduced from 1.1.2017, exporters with a REX number will be able to self-certify the Statement on Origin of their goods being exported to EU under the GSP Scheme. The registration on REX is without any fee or charges and this system would eventually phase out the current system of issuance of Certificates of Origin (Form-A) by the Competent Authorities list ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before it was read as 22 [ 30.06.2019 ] 26. Substituted vide PUBLIC NOTICE NO. 13/(2015-2020) dated 25-06-2019 before it was read as 23 [ 01.07.2019 .] 27. Substituted vide Public Notice No. 16/2015-2020 dated 04-07-2019 before it was read as 14 [01.07.2019] 28. Inserted vide Public Notice No. 20/2015-20 dated 24-07-2019 29. Inserted vide PUBLIC NOTICE No. 26/2015-2020 dated 19-08-2019 30. Substituted vide PUBLIC NOTICE NO. 34/2015-2020 dated 25-09-2019 before it was read as 25 [ 30.09.2019 ] 31. Substituted vide PUBLIC NOTICE NO. 34/2015-2020 dated 25-09-2019 before it was read as 26 [ 01.10.2019 .] 32. Substituted vide Public Notice No. 36/2015-20 dated 27-09-2019 before it was read as 12 [Para 2.79 C Issue of authorizations for repair/replacement of SCOMET items A. Authorization for export of imported SCOMET items for replacement/repair: Application for grant of authorization for export of imported SCOMET items to the entity from which it has been imported or to its OEM (including agency auth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al, 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 be to the same entity (ultimate end user) to which the item(s) were originally exported by the applicant exporter; (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): i . Proof of the original export of the item(s): a. Copy of the SCOMET License issued for the export of the items to be replaced/repaired; b. Shipping bills containing the details of 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 f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... crap would take place only through following designated ports and no exceptions would be allowed even in case of EOUs, SEZs:- 1. Chennai, 2. Cochin, 3. Ennore, 4. JNPT, 5. Kandla, 6. Mormugao, 7. Mumbai, 8. New Mangalore, 9. Paradip, 10. 45 Tuticorin, 11.Vishakhapatnam, 12.Pipava, 13.Mundra, 14. Kolkata and 15 Krishnapatnam.] 35. Substituted vide PUBLIC NOTICE NO. 49/(2015-2020) dated 24-12-2019 before it was read as 30 [ 31.12.2019 ] 36. Substituted vide PUBLIC NOTICE NO. 49/(2015-2020) dated 24-12-2019 before it was read as 31 [ 01.01.2020 ] 37. Substituted vide Public Notice No. 50/2015-20 dated 27-12-2019 before it was read as 13 [Para 2.79 D Issue of export authorizations for display/exhibition/tenders/RFP/RFQ/NIT of SCOMET items Authorizations for export of items in SCOMET List (other than those under Category 0, 1, 2 and 6 or 'Technology' or 'Software' in any category) solely for purposes of (a) Display (b) Exhibition (c) Tenders/RFP/RFQ/NIT shall be considered by Chairman IMWG, on the following conditions: (a) Such cases would be considered purely on temporary export basis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... c waste and scrap (both shredded and unshredded) imported from safe countries/region i.e. the USA, the UK, Canada, New Zealand, Australia and the EU will not require PSIC if consignments are cleared through seven (7) ports namely, Chennai, Tuticorin, Kandla, JNPT, Mumbai, Krishnapatnam and Mundra. Consignments from these five countries / region will be accompanied by certificate from the supplier/scrap yard authority to the effect that it does not contain any radioactive materials/ explosives. These will however be subject to radiation and explosive checks through portal monitors and container scanner at these ports. Trans-shipments 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. 39.Substituted vide Public Notice No. 66/2015-2020 dated 30-03-2020 before it was read as 27 [ 01.04.2020 ] 40. Substituted vide PUBLIC NOTICE No. 67/2015-2020 dated 31-03-2020 before it was read as 35 [ 31.03.2020 ] 41. Substituted vide PUBLIC NOTICE No. 67/2015-2020 dated 31-03-2020 before it was read as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 7 10,000 040221 15/60 15/60 12/12-Cus Sl. No.7 Maize (corn), other than seed quality 100590 15/60 0/50 12/12-Cus Sl. No. 37/38 5,00,000 Crude sunflower seed oil and safflower seed oil 151211 50/300 50/75 12/12-Cus Sl. No. 60/61 1,50,000 Rape, colza or mustard oil 151419 45/75 45/10 12/12-Cus Sl. No. 64/66 1,50,000 151499 45/75 45/10 12/12-Cus Sl. No. 64/66 Butter and other fats 040510 n.a. 0/30 12/12-Cus Sl. No.9 15,000 04059010 0/30 12/12-Cus Sl. No.9 04059020 0/30 12/12-Cus Sl. No.9 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7-2021 before it was read as 46 [ (iv) Import of scrap would take place only through following designated ports and no exceptions would be allowed even in case of EOUs, SEZs:- 1. Chennai, 2. Cochin, 3. Ennore, 4. JNPT, 5. Kandla, 6. Mormugao, 7. Mumbai, 8. New Mangalore, 9. Paradip, 10. Tuticorin, 11. Vishakhapatnam, 12. Pipava 13.Mundra, 14. Kolkata and 15. Krishnapatnam, 16. Kattupalli and 17. Hazira. ] 58. Inserted vide PUBLIC NOTICE No. 23/2015-2020 dated 07-09-2021 58a. Substituted vide Public Notice No. 26/(2015-2020) dated 29-09-2021 before it was read as 52 [ 30.09.2021 ] 59. Substituted vide PUBLIC NOTICE NO. 32/2015-2020 dated 29-10-2021 before it was read as 2.76 Supply of SCOMET Items from DTA to SEZ No export authorisation is required for supply of SCOMET items from DTA to SEZ. However, all supplies of SCOMET items from DTA to SEZ will be reported to the Development Commissioner of the respective SEZ by the supplier in the prescribed proforma [Annexure 1 to Appendix-3 to Schedule 2 of ITC (HS) Classifications of Export and Import Items] within one week of the supplies getting e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... echnology to be re-exported is based on a Master Service Agreement / Contract between the parent company and the Indian subsidiary for carrying out certain services including design/encryption/research/ development/delivery/validation/testing; Note: As a result of the service carried out by the Indian exporter, the items/software/technology should not undergo change in functionality and classification. c) These items/software/technology is/are to be re-exported to the foreign parent company and / or subsidiaries of foreign parent company; d) The applicant exporter declares that the re-exported items would be used for the purposes for which it is intended by the parent company and/ or its subsidiaries; e) The exporter furnishes either a certified/approved Internal Compliance Programme (ICP) or demonstrates compliance to the ICP of the parent company; f) The exporter agrees to allow on-site inspection, if required by the DGFT or authorised representatives of Government of India; g) The exporter is granted a Global Authorisation for Intra-Company Transfers (GAICT) as per procedure mentioned in para 2.B below. B. Procedure for grant of Global Authorization ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith a copy of EUC in Appendix 2S (iv), from the parent company abroad; c. Failure to do so may entail imposition of penalty and / or suspension/revocation of GAICT. Note: ANF (Aryat Niryat Form) - ANF 2O(b), ANF 2O(c) and End Use Certificate proforma Appendix 2S (iv) would be notified separately. D. Record Keeping The exporter will be required to keep records of all the export documents, in manual or electronic form, in terms of Para 2.73 (c) of HBP , for a period of 5 years from the date of GAICT issued by DGFT. E. General conditions a. GAICT would not be issued in case of item/software and / or technology to be used to design, develop, acquire, manufacture, possess, transport, transfer and / or used for chemical, biological, nuclear weapons or for missiles capable of delivering weapons of mass destruction and their delivery system; b. GAICT would not be issued for countries or entities covered under UNSC embargo or sanctions list or to the countries or entities assessed for risk of proliferation concern, based on national security and foreign policy considerations; c. IMWG shall reserve the right to deny issue of GAICT without assigning any re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ading Corporation Limited (STCL). (b) Maize (corn)(Tariff Code No. 1005.90): National Agricultural Cooperative Marketing Federation of India Ltd.(NAFED), State Trading Corporation (STC), Minerals and Metals Trading Corporation (MMTC), Projects Equipment Corporation of India Limited(PEC), Spices Trading Corporation Limited (STCL) and State Cooperative Marketing Federations (c) Crude 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. 69. Inserted vide PUBLIC NOTICE NO. 46/2015-2020 dated 28-12-2022 70. Inserted vide PUBLIC NOTICE No. 48 /2015-2020 dated 05-01-2023 71. Substituted vide PUBLIC NOTICE No. 48 /2015-2020 dated 05-01-2023 before it was read as, (e) The photographs and/or video clippings [as per 2.56 (d) above ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f an End Use declaration from the stockist, through the specified End User Certificate (EUC) for 'stock sale' purpose; Application for export to stockist abroad and transfer to end users in specific countries c. The exporter shall submit application in prescribed proforma ( ANF-2 O ) alongwith following documents from the stockist: i. Documentary proof regarding corporate relationship between the Indian exporter and stockist; ii. End-use/End-user Certificate from stockist entity abroad in Appendix-2S (iii); iii. List of countries (in the EUC) to which the items imported from 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 stockist, and, for grant of in-principle approval for re-export to specifie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by IMWG in accordance with paragraph 2.79 of HBP ; Annual reporting on inventory 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 31 st 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 stockist entity under the stock and sale authorization should be transferred to the final end-user(s) within the validity period of the authorization as in paragraph 2.16 of HBP ; n. The authorization may be revalidated as per the procedure mentioned in paragraph 2.80 of HBP ; 75. Substituted Vide Public Notice No. 60/2015-2020 dated 01-03-2022 , before it was read as, 72 [ (b) Tariff Rate Quota (TRQ) Imports for items as indicated as follows, shall be allocated during financial year 2022 - 23 only Item Description ITC(HS) TRQ pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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