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TMI BlogProforma of Undertaking in the form of Legal Agreement for grant of permission for export/re-export of items under SCOMET Control List for repair/replacement and display/exhibition/tender purposes.X X X X Extracts X X X X X X X X Extracts X X X X ..... 20, the Director General of Foreign Trade (DGFT) hereby notifies the proforma of Undertaking, in the form of Legal Agreement, to bring back the SCOMET items, within the stipulated period (or extended time allowed), exported temporarily (wherever applicable) for the purpose of repair/replacement/ demo/display/exhibition/tender/ RFP/RFQ/NIT in terms of Public Notice No. 36 dated 27.09.2019 and Public Notice No. 50 dated 27.12.2019, under para 2.79 of the Handbook of Procedures (HBP) of the Foreign Trade Policy (FTP) 2015-20, as amended from time to time, with immediate effect. 2. The requirement of an Undertaking to bring back the SCOMET item(s), within the stipulated period (or extended time allowed) controlled under SCOMET Control List, is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... General of Foreign Trade Ex-officio Additional Secretary, Government of India [Issued from F.No.01/91/180/18/AM-17/EC] APPENDIX - 2AA Legal Undertaking (For Export/Re-export of SCOMET items) To The President of India (acting through the Director General of Foreign Trade (which expression shall be deemed to include the Joint Director General of Foreign Trade/Deputy Director General of Foreign Trade) Ministry of Commerce, Udyog Bhavan, New Delhi - 110011. This DEED Agreement made on_________day of_________month________year between_____________(full expanded name of the Exporter with complete address and IEC no.) hereinafter referred to as party which expression shall be deemed to his/her heirs, executors/ administrators, legal repre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ement; (iii) To re-import SCOMET items within the stipulated period of time (90 days) of its export or as may be allowed by DGFT as per the conditions of SCOMET policy in terms of Public Notice No. 36/2015-20 dated 27.09.2019 on written request of the party; (iv) That the items that are meant for repair/replacement in the……………………….(Name of the entity, country) shall not be transferred or disposed off without prior permission of the DGFT; (v) That the repair/replacement of defective items for various reason(s) is allowed under the terms and conditions of the Purchase Order / Service Agreement/ Contractual Agreement signed between……………&hell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e going back without any value addition. (iv) That the repair/replacement is allowed under the terms and conditions of the Purchase Order / Service Agreement/ Contractual Agreement signed between……………………..(name of Entities); (v) 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, if applicable) (vi) 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 within 90 days of export of replacement. C. For Export of SCOMET item(s) on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e) in the proforma annexed to the Public Notice No. 63... dated ...18.02.2020. (ii) To abide by the provisions of the Foreign Trade (Development and Regulation) Act, 1992, as amended from time to time, the Rules and Orders framed there under, the Foreign Trade Policy, the Handbook of Procedure, the 'Appendix 3' to Schedule 2 of ITC (HS) Classification of Export and Import Items and Custom Act, 1962. (iii) That notwithstanding any right Government may have against the party in any form and notwithstanding any dispute raised by the party in any form, the Government's written demand to the party shall be final and binding. (iv) That nothing in this Agreement shall debar the Government from modifying the said SCOMET policy fro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lic Notice No. 36 dated 27.09.2019 (as amended). Or l/We,__________(company name),____________ (complete address), had obtained SCOMET export authorization for export of SCOMET items for temporary purposes (demo/display/exhibition/tender).................. vide SCOMET authorisation No.________dated________in terms of Part A of DGFT's Public Notice No. 50 dated 27.12.2019 (as amended).. 2. As per the conditions of DGFT's relevant Public Notice No………………..dated, l/We hereby confirm the following: (i) that items permitted vide SCOMET Export Authorisation No.___________dated_____________has/have been returned to India from_____________(company, country) on______________(date) are illustrated ..... X X X X Extracts X X X X X X X X Extracts X X X X
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