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TMI BlogAmendment in Paragraph 2.79C in the Handbook of Procedures of the Foreign Trade Policy (FTP) 2015-20 to notify the procedure for repair/replacement of SCOMET itemsX X X X Extracts X X X X X X X X Extracts X X X X ..... kes amendment in Paragraph 2.79C of Handbook of Procedures (HBP) of FTP 2015-20, with immediate effect. 2. Para 2.79C relating to export of SCOMET items for (i) repair/replacement of imported item(s) abroad and return (ii) repair/replacement of indigenous SCOMET items (iii) repair of imported items in India and return, will be substituted as under: "Para 2.79 C Issue of authorizations for repair/replacement of SCOMET items A. Authorization for export of imported SCOMET items for repair/replacement: i. Conditions to be fulfilled: (a) The SCOMET items were imported to India and are to be exported for the purpose of repair and replacement, on being defective; (b) There has been no change to the original characteristics/specificat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imported items to be exported after repair alongwith their SCOMET Category /Sub-category number(s), quantity, item description and ECCN of foreign country; a. 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; b. That there has 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 d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dy been brought back or would be brought back to India within 90 days of its replacement (if applicable); (e) No authorization .for re-export would be granted if the original licence has been suspended, modified or revoked. (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; and (g) No 'End Use' and 'End Use Certificate' would be required; ii. Documents Required 1. 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 d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld 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 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 en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the foreign country for original import of the items to India; c. Documentary proof and/or self declaration that the item exempted from license requirement or place under no license requirement for India. 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 entities of repair facility (if different from exporter) with the entity abroad /OEM (including agency authorized by OEM) defining 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) stati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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